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ARTICLE · 12 OCTOBER 2018

What Level Of Information Does A Proponent Need To Start An Environmental Assessment?

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The simple answer is: sufficient information for the regulatory authority to be satisfied they can proceed to evaluate their decision to grant authorization.

CanadaEnvironment
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Fogler, Rubinoff LLP
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The simple answer is: sufficient information for the regulatory authority to be satisfied they can proceed to evaluate their decision to grant authorization. The B.C. Supreme Court addressed this question late in September 2018 in Carhoun and Sons Enterprises Ltd. v Canada (Attorney General) 2018 BCSC 1675. The plaintiff brought an action against the federal government both for negligence and misfeasance. The plaintiff alleged that its application for an authorization under ss. 35(2) of the Fisheries Act to infill and develop fish and wildlife habitat areas for commercial and residential use was unduly delayed by the regulatory authority (RA)'s failure to initiate the federal environmental assessment process, a prerequisite to the Fisheries authorization, thereby causing the plaintiff proponent economic loss.

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