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ARTICLE · 15 DECEMBER 2023

Energy Transition Ushers In Compensation Claims For Shifting Land Use Plans

­­­Energy transition has led to an inevitable shift in government land use plans.

CanadaGovernment, Public Sector

­­­Energy transition has led to an inevitable shift in government land use plans. This process will continue to evolve as all levels of government implement policies that restrict or prohibit certain types of resource development in favour of environmental protection, the exercise of Indigenous rights and other policy goals. These changes in direction will create conflicts between contemporary government land use priorities and existing property rights, including freehold and leasehold interests in resources. For proponents of resource extraction projects, such as mines and oil and gas developments, these shifting land use priorities can effectively sterilize resources and preclude development of a project. Years of planning and tens or hundreds of millions of dollars spent on project planning activities, including exploration programs, technical studies, and regulatory and permitting processes, may be put at risk.

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