Day 1 – November 12, 2009
8:15 Registration and Coffee Served
9:00 Opening Remarks from the Co-Chairs
Teresa Meadows
Miller Thomson LLP
Kevin O’Callaghan
Partner
Fasken Martineau DuMoulin LLP
9:15 Successfully Managing Environmental Assessments North of 60º: Obtaining Approvals Efficiently and Effectively in Tough Times
Martin Haefele
Manager, Environmental Impact Assessment
Mackenzie Valley Environmental Review Board
Teresa Meadows
Miller Thomson LLP
- When are environmental assessments (EA) required?
- Which statute applies when
- what are the differences between federal and territorial requirements?
- which board or agency do you apply to first?
- what is the CEAA’s role in the north?
- tackling cross-border jurisdiction
- Expediting and streamlining the assessment process: Critical factors you must consider
- Comparing and contrasting the EA processes in Canada’s north
- Managing assessments in the Mackenzie Valley
- when is an environmental assessment required and what statue applies?
- what causes developments to be “bumped up” to higher levels of assessment?
- reducing the likelihood of having your development referred to a higher level of assessment
- avoiding common pitfalls in the environmental assessment process
- how are transboundary projects or impacts dealt with in the Mackenzie Valley?
- Analyzing recent environmental assessment developments with the potential to affect future project approvals
10:15 Networking Refreshment Break
10:30 Pan-Canadian Update on Environmental Litigation, Regulation and Penalties: How Will the Latest Trends and Decisions Impact Environmental Law North of 60º?
David Brett
Partner
Gowling Lafleur Henderson LLP
- Getting up-to-date on recent environmental litigation and class actions across Canada
- the latest on Little Salmon Carmacks
- critical update on the Red Chris Mine case: how might the SCC decision impact the right of the public to consult on environmental assessments?
- Analyzing trends related to Aboriginal involvement in environmental regulations
- BC Recognition and Reconciliation Act
- Ontario Mining Act
- Examining the developing trend of individuals and advocacy groups using litigation to enforce environmental laws and regulation
- How might emerging U.S. climate change litigation influence Canadian environmental law?
- The latest on the proposed federal Bill C-16
- recent amendments
- what you need to know now about environmental penalties
11:30 Clarifying the Environmental Regime North of 60º: Determining Jurisdiction
William MacKay
Senior Legal Advisor
Government of Nunavut
Zabey Nevitt
Executive Director
Wek’eezhii Land and Water Board
- Clarifying key statutes, regulations and legislative gaps and when each apply
- Understanding the mandate, role and jurisdiction of governments, boards and other entities
- what is the role of the federal government, agencies and boards?
- understanding the local entities involved in environmental regulation
- what do each of the northern boards do?
- what are the roles of Aboriginal boards and governments?
- defining the role and jurisdiction of municipalities
- Explaining who has jurisdiction in settled land claims: What is the role of Aboriginal and co-management boards?
- Sorting out overlapping and cross-boundary jurisdiction
- contending with overlapping jurisdiction
- understanding the interplay between boards
- managing inconsistent regulatory treatment in cross-boundary projects
- Preparing your organization for the next wave of changes to the environmental framework north of 60˚: The latest on the northern regulatory improvement initiative
12:30 Networking Luncheon
1:45 Mitigating the Cumulative Effects of Climate Change Impacts in the Canadian Arctic: Legal Strategies to Help Industry and Northern Communities Adapt to Change
Jamie Bastedo
Cygnus Environmental Consulting
Doug Ritchie
Program Director
Ecology North
- In light of the increasing impacts of climate change
- what new factors must regulators and boards consider in environmental impact assessments?
- when should cumulative effects analyses be required?
- How are physical, biological and socio-economic changes impacting communities north of 60˚?
- identifying policies and legal strategies to assist communities in dealing with these changes
- What are the potential harmful effects of increased non-renewable resource exploration and Arctic shipping?
- What should proponents do to lessen the impact of cumulative effects?
- Protecting Arctic people and the environment: Key legal strategies
- who is responsible? who has jurisdiction?
- what are the roles of the Arctic governments and industry?
- what regulations are in place?
- what regulations are being developed?
- Assessing the obligations of territorial, provincial, federal and international governments
- getting up-to-date on Canadian sovereignty in the north
- understanding the recent extension of the Arctic Waters Pollution Protection Act
- how does it affect Canada’s jurisdiction?
2:45 Networking Refreshment Break
3:00 Climate Change Compliance and Beyond: Applying the Regulatory Framework to Commercial Activities and Transactions North of 60º
Amy J. Carruthers
Lawson Lundell LLP
Alan Harvie
Partner
Macleod Dixon LLP
- Getting up-to-date on new regulations and policies
- What are the federal requirements? When and to whom do they apply?
- Reducing green house gases: What is required?
- Ensuring compliance with the regulations
- Examining practical impacts of the regulatory framework on commercial activities and transactions
- contracts
- due diligence
- advertising
- disclosure
- Examples of public and contractual statements made by GHG emitters or respecting their emissions in day-to-day as well as extraordinary commercial activities and transactions
4:00 Concluding Remarks from the Co-Chairs: Conference Adjourns
Day 2 – November 13, 2009
8:15 Coffee Served
8:45 Opening Remarks from the Co-Chairs
9:00 Meeting the Duties to Consult and Accommodate: Engaging Aboriginal Communities to Facilitate the Northern Environmental Approvals Process
Scott Duke
Advisory Counsel, Department of Indian Affairs and National Development
Justice Canada
Ginger Gibson, Ph.D.
University of British Columbia
Kevin O’Callaghan
Partner
Fasken Martineau DuMoulin LLP
- Getting up-to-date on the duty to consult and accommodate Aboriginal peoples
- whose responsibility is it?
- to what extent does the EA process satisfy the duty to consult?
- at what stage does the duty to consult arise?
- How does the duty to consult impact resource and development projects north of 60˚?
- Understanding the links between Aboriginal environmental issues and project approvals
- Clarifying Aboriginal and treaty rights north of 60˚
- Best practices for meeting the duty to consult north of 60˚
- identifying who to consult with: understanding Aboriginal self government
- understanding local protocols
- engaging your negotiating partner
- building relationships and working together
- capacity funding and the role of impact and benefit agreements
- Integrating traditional knowledge into the environmental impact assessment
- Balancing Aboriginal and industry interests in accommodation
- when is accommodation required?
- how much is required for adequate accommodation?
- clarifying industry’s role in the accommodation process
- designing and implementing accommodation: examples of successful initiatives
10:15 Networking Refreshment Break
10:30 Managing Critical Concerns arising from Socio-Economic, Cultural and Spiritual Impact Assessments: Minimizing Delays and Disappointments
Martin Haefele
Manager, Environmental Impact Assessment
Mackenzie Valley Environmental Review Board
- Analyzing the impact of the UR Energy case on project development in the north
- Incorporating cultural and spiritual impacts into environmental assessment
- When are socio-economic and cultural impact assessment required?
- What questions can proponents expect to be asked?
- Mitigating socio-economic and cultural impacts: Key guidelines
11:15 Essential Updates on Nunavut Regulatory Advancements: Developing the New Nunavut Environmental Impact Assessment and Land Use Planning Legislation
Dionne Filiatrault
Executive Director
Nunavut Water Board
- What are the newly established broad planning policies, objectives and goals for the Nunavut Settlement Area?
- Building the Nunavut Land Claims Agreement: Road map of the new legislation
- Assessing the benefits and impacts of the changes on industry, Inuit and Nunavut
- Update on the cooperation initiatives between NWB and NIRB
- What are the latest developments on the Nunavut water regulations?
- Streamlining the process for obtaining water approvals
12:00 Networking Luncheon
1:15 Emerging Legal Issues in Water Rights: The New National Water Strategy and Its Impact on Northern Water Approvals
Diana Valiela, LLB, Ph.D., RPBio
Counsel
Lawson Lundell LLP
- The call for a national water strategy
- how does this apply to the north?
- what does the strategy entail?
- what are the challenges and implications of Canada’s proposed new water legislation for Aboriginal peoples?
- Obtaining water approvals: Successful strategies
- clarifying federal, territorial and Aboriginal jurisdiction: who does what?
- comparing water application board processes and challenges
- when is approval required from the federal government for projects?
- when might the Department of Fisheries and Oceans be involved?
- what are the latest changes to the Metal Mining Effluent Regulations and the Navigable Waters Protection Act?
- Exploring the applicability of water laws to Aboriginal communities
- what are Aboriginal rights to fish in the North?
- implications of development of hydroelectric projects in the north
- Compensating Aboriginal communities for use of water
- methods to determine amount of compensation
- what factors determine compensation?
- recent examples
- Implications of water effects crossing jurisdictional boundaries
- Managing the risks: Best practices for proponents
2:00 Assessment and Remediation of Contaminated Sites North of 60º: Ensuring Your Compliance to Limit Costs and Liability
Charles Birchall
Partner
Fogler, Rubinoff LLP
- Understanding key contaminated site statutes and regulations and when each apply
- Federal Contaminated Sites Action Plan
- federal mining regulations
- regulations in Yukon, Northwest Territories and Nunavut
- Establishing which government agency will be responsible for
- ensuring remediation is carried out
- providing technical support
- Determining who is responsible for paying for and dealing with contaminated sites north of 60˚
- Evaluating and prioritizing sites for clean up
- clarifying the process for identifying which federal contaminated sites will receive funding for management or remediation
- how will new funding under Canada’s Economic Action Plan impact remediation in the north?
- Understanding the differences between independent remediation and federal remediation
- Initiating and approving remediation for your contaminated site
- Ensuring a site meets the remediation standards after cleanup
- Addressing the unique conditions of contaminated sites in the north
- What services do government agencies offer in dealing with contaminated site cleanups?
2:45 Networking Refreshment Break
3:00 Managing Wildlife and Species at Risk Issues: Developing Legislation, Environmental Impact Assessments and Aboriginal Rights
Susan Fleck
Director of Wildlife,
Environment and Natural Resources
Government of the Northwest Territories
Gabriel Nirlungayuk
Director, Wildlife
Nunavut Tunngavik Incorporated
- Getting up to date on the status of Yukon and Northwest Territories species at risk legislation
- what are the potential impacts on industry practices?
- Why is provincial legislation needed in addition to federal legislation?
- Regulating migratory species: Latest developments
- what are the stumbling blocks for industry and how can they be avoided?
- what is being done to protect breeding grounds?
- what areas are considered “critical habitat? what is the impact on projects of the lack of defined critical habitats?
- what is a proponent’s responsibility for assessing impacts on Caribou calving grounds?
- Understanding how species at risk issues and environmental assessments intersect
- assessing and mitigating the threats to endangered species: what tools should you use?
- how do wildlife issues impact project development?
- Mackenzie Valley Resource Management Act: how does the lack of clarity affect the timing of environmental assessments of proposed developments?
4:00 Closing Remarks from the Co-Chairs: Conference Concludes
Conference Details
