Special feature: Commentary on the likely effect of the federal omnibus bill, Bill C-38, passed in Jun, on the approval requirements for power project development, particularly with respect to First Nations
IPPSO FACTO invited contributions from a number of people in the legal field as to the effect of the June 2012 federal omnibus budget bill on power projects, particularly on First Nations territory, and on the duty to consult. Acknowledging that it’s still early to know what the full scope of the implications are, IPPSO FACTO invited comments on five questions:
1. What concerns are you hearing from your client base about the implications of the new legislation?
2. Are you or others seeing any benefits in terms of a streamlining of approvals, or a simplifying of processes, or from there being a more clearly defined locus of control over regulatory processes?
3. Are you seeing a decrease in opportunities to have First Nations’ concerns addressed in the approval process? Or opportunities for considering the concerns of stakeholders in general?
4. Is the meaning of the Duty to Consult changing?
5. In Ontario’s case, do you see regulatory processes moving from the federal to the provincial level? If so, which ones?
See the following articles:
• What does Canada’s federal budget mean for power developers?
• Bill C-38 is a much-needed streamlining of processes
• The new CEAA and implications for power producers in Ontario