May 23, 2017
McInnes Cooper lawyer Elizabeth McIsaac is among the team members contributing to the development of the Mining Code for the International Seabed Authority (ISA). The ISA is the regulator of the “Area”, the largest space in the world of the seabed and ocean floor beyond the limits of national jurisdiction.
While the ISA currently has seabed mineral exploration regulations in place, further regulations are necessary before mining may begin. The ISA, along with a team of external contributors is now in the process of developing regulations and standard contract terms in respect of mineral exploitation, which is the next step required to bring this nascent industry into reality.
The drafting team is currently working out of the ISA headquarters in Kingston, Jamaica. Other team members include Chris Whomersley (retired Deputy Legal Adviser in the United Kingdom’s Foreign & Commonwealth Office), Tomoko Tauchi (Deep Ocean Resources Development, Japan) and Claudia Maria Rezende de Souza (Geological Survey of Brazil).
Aug 26, 2024
On June 20, 2024, the Canadian Competition Act was amended to specifically make greenwashing claims reviewable conduct. Pressure on Canadian…
Aug 22, 2024
In early April 2024, Nova Scotia’s Energy Reform (2024) Act (Bill 404) passed, marking the beginning of a new direction for Nova Scotia’s…
Feb 23, 2024
On January 24, 2024, the Nova Scotia Supreme Court upheld the N.S. Environment Minister’s approval of a proposed windfarm development’s…
Nov 1, 2023
On October 13, 2023, the Supreme Court of Canada issued its judicial reference opinion: a significant portion of Canada’s federal…
Aug 8, 2023
We updated this publication on August 10, 2023. The Nova Scotia commercial net-metering regime just took another step toward implementation.…
Jan 25, 2023
Buzz around the potential of hydrogen as a green energy source has been growing. And the Atlantic Canadian provinces are poised to become a key…
Nov 10, 2022
Updated August 8, 2023. October 2022 amendments to the N.S. Renewable Electricity Regulations ushered in a new Commercial Net-metering regime…
Jun 24, 2022
The New Brunswick Court of Queen’s Bench has issued a court order to stop Indigenous fishers (all apparently members of the Wolastoqey Nation)…
Jun 6, 2022
The Federal Court’s April 22, 2022 decision in Mowi Canada West Inc. v. Canada (Fisheries, Oceans and Coast Guard) has implications for the…
Feb 3, 2022
On January 26, 2022, the British Columbia Court of Appeal extended an injunction preventing protesters from interfering with a logging…
Nov 10, 2021
On November 5, 2021, the Province of Nova Scotia passed the Environmental Goals and Climate Change Reduction Act. The Act will serve as the…
Oct 29, 2021
The New Brunswick Reduction of Greenhouse Gas Emissions Regulation, effected under the N.B. Climate Change Act, establishes specific…
Oct 19, 2021
Canada’s aquaculture industry is poised for growth but that growth is being challenged by regulatory uncertainty and a lack of confidence…
Jul 27, 2021
Canadian entities regularly contract with foreign companies to provide services in Canada. To complete its obligations under the contract, the…
Jun 1, 2021
We updated this publication on July 22, 2021. On May 26, 2021, the Hague District Court in the Netherlands ordered Royal Dutch Shell (RDS) to…
Apr 13, 2021
On April 7, 2021, the Nova Scotia government introduced Bill 97, amendments to the N.S. Electricity Act aimed at growing the solar industry in…
Jan 20, 2021
We updated this publication on July 8, 2022. 2020 was a year filled with challenges, including in the relationship between Indigenous…
Apr 20, 2020
As countries around the world grapple with the spread of COVID-19, global restrictions and containment measures have presented a range of…
Feb 4, 2020
Tidal developers considering responding to the FORCE Berth D procurement now have a clearer view of just what the successful proponent will get.…
Nov 22, 2019
The Environmental Emergency Regulations, effected under section 200(1) of the Canadian Environmental Protection Act (CEPA) and in force since…
Jun 29, 2018
The Crown’s duty to consult Indigenous Peoples has evolved considerably since the Supreme Court of Canada’s first detailed articulation of…
Feb 13, 2018
The much-anticipated Nova Scotia marine renewable energy regime finally has the force of law. First introduced over two years ago, the Nova…
Nov 30, 2017
On November 30, 2017, the Supreme Court of Canada denied Geophysical Service Incorporated’s (GSI) application for leave to appeal the decision…
Nov 17, 2017
It’s official: as of October 31, 2017, “facilitation payments” contravene Canada’s Corruption of Foreign Public Officials Act (CFPOA).…
Nov 7, 2017
On November 2, 2017, the Supreme Court of Canada was faced with the Ktunaxa Nation’s claim that a Ministerial decision to approve a project…
Sep 29, 2017
Atlantic Canada is at a turning point. The region’s history and economic development have historically been inextricably linked to the ocean.…
Aug 16, 2017
In the not-so-distant past, Canadian enforcement of its anti-corruption and anti-bribery legal regime has been relatively laid-back. But the…
Jul 28, 2017
All stakeholders in any major project development already know that adequate consultation before - rather than after - a project is approved is…
May 11, 2017
The Extractive Sector Transparency Measures Act is one of several anti-bribery and anti-corruption laws aimed at fighting corruption in the…
May 1, 2017
NOTE: On November 30, 2017, the Supreme Court of Canada denied Geophysical Service Incorporated’s (GSI) application for leave to appeal the…
Apr 20, 2017
On April 13, 2017, Canada’s federal government introduced legislation that, if passed into law, will legalize recreational cannabis in Canada.…
Apr 17, 2017
Recreational cannabis isn’t legal yet - but much of the associated stigma is already gone, usage is up and employers are feeling the workplace…
Jan 25, 2017
Doing business with the public sector creates an often overlooked – but very real – risk that the confidential information a business…
Dec 7, 2016
Updated February 7, 2024. We live in a world of change. New ideas and new industries are rapidly developing and the list keeps growing: tidal…
Nov 9, 2016
The balance between the public’s interest in accessing offshore petroleum resources data and operators’ commercial interests is at the heart…
Sep 12, 2016
On September 9, 2016, the Supreme Court of Canada decided in Musqueam Indian Band v. Musqueam Indian Band (Board of Review) that an Indian band…
Jun 17, 2016
In its June 16, 2016 decision in Rogers Communications Inc. v. Châteauguay (City), the Supreme Court of Canada decided a municipality’s…
Jun 10, 2016
Administrative monetary penalties, or “AMPs”, are a new phenomenon in the Canadian offshore. AMPs were introduced to the Newfoundland &…
Jun 6, 2016
On June 2, 2016, the Supreme Court of Canada denied an Alberta First Nation’s request to appeal the Court of Appeal’s dismissal of its bid…
Jun 6, 2016
Each Provincial government is under the legal duty to consult; the manner in which each carries out its legal duty to consult differs depending…
May 2, 2016
Updated October 4, 2023. Workplace accidents regularly lead to charges under occupational health and safety (OHS) law. These charges can be…
Apr 19, 2016
On April 14, 2016, the Supreme Court of Canada decided that Métis and “non-status Indians” are “Indians” under section 91(24) of the…
Mar 24, 2016
When a business responds to a public sector Request for Proposal or Expression of Interest (both of which we’ll refer to as an RFP for these…
Mar 9, 2016
On January 11, 2016, the Ontario Superior Court of Justice sentenced a front-line supervisor to imprisonment for 3½ years for four counts of…
Feb 15, 2016
On February 26, 2016, the bulk of the offshore-related amendments of the Energy Safety and Security Act (ESSA, formerly known as Bill C-22) take…
Dec 21, 2015
A practical and current guide created to help you navigate the increasingly important issues surrounding offshore decommissioning and…
Jul 17, 2015
On the heels of National Aboriginal Day, we pause to take a look back at two significant Aboriginal law cases decided in the last year, how…
Jul 10, 2015
On April 15, 2015, British Columbia’s Court of Appeal confirmed that First Nations can make certain legal claims grounded in Aboriginal rights…
Jun 25, 2015
Updated October 4, 2023. Most people know a company itself has occupational health and safety (OHS) obligations and risks corporate liability…
Dec 10, 2014
“Corporate Social Responsibility” (CSR) as a concept has been floating around in business-speak for years – but stakeholders in the mining…
Jul 15, 2014
On July 11, 2014, the Supreme Court of Canada confirmed that the “Crown” in historical treaties with First Nations groups includes both the…
Jun 26, 2014
On June 26, 2014, in its groundbreaking decision on Aboriginal title in Tsilhqot’in Nation v. B.C., the Supreme Court of Canada …
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