Posts by Laura Bowman

Ontario Court of Appeal decision upholds P3 arrangements, reduces taxpayer accountability at municipal level

July 10th, 2012 by Laura Bowman

A recent Court of Appeal decision in Friends of Lansdowne v. City of Ottawa et. al. confirms that procedural irregularities are not grounds to overturn a municipal decision.

This case dealt with a redevelopment of Lansdowne Park in Ottawa. The community park is home to a football stadium , a hockey arena and the historic Aberdeen Pavilion exhibition hall. In late 2009 the City approved a redevelopment plan proposed by a private consortium named Ottawa Sports and Entertainment Group which hoped to house a CFL franchise at the redeveloped park. The redevelopment plan would renovate the existing arena and stadium, build 330,000 square feet of office, retail and residential space, add underground parking and a new urban park. Heritage buildings would be relocated.  Under the plan, the City would (among other items) contribute $3.8 million per year, pay for some of the costs of the Plan, enter into a 50 year lease for 10.2 acres for an annual rent of $1.00 for the first 30 years, and grant construction and management contracts to the Ottawa Sports and Entertainment Group.

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What powers do Canadian municipalities have to create environmental rights?

June 28th, 2012 by Paula Boutis and Laura Bowman

A reader asked us if Canadian municipalities can pass an environmental bill of rights, as some American jurisdictions have with the help of the Community Environmental Legal Defence Fund. The example provided by the reader prohibited the extraction of natural gas by means other than gas wells installed and operating at the time of the enactment of the ordinance.

In Canada, municipalities are created by provincial laws and their powers are limited both by those laws and by the limits on provincial jurisdiction.

Read more on rabble.ca

Bill C‑38 creates open season on Canada’s natural environment

June 8th, 2012 by Paula Boutis and Laura Bowman

On April 26, 2012, the federal government tabled Bill C-38, the 2012  Budget Bill.  The Bill was reviewed before the Standing Committee on Finance which just released its report recommending that part 3 of the Bill be carried as written.  Part 3 of Bill C-38 contains several significant changes to federal environmental legislation, including:

  • the Canadian Environmental Assessment Act,
  • the National Energy Board Act,
  • the Canadian Oil and Gas Operations Act,
  • the Nuclear Safety and Control Act,
  • the Fisheries Act,
  • the Canadian Environmental Protection Act and
  • the Species at Risk Act.

Here we describe highlights of the two most important legislative changes, to CEAA and the Fisheries Act.

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Aggregate hearings should include rural residents who are most affected

May 10th, 2012 by Laura Bowman

Our client, North Dufferin  Agricultural  and Community Taskforce, Inc. (NDACT) was surprised on Friday May 4 to learn that the Standing Committee on General Government would be commencing the review of the Aggregate Resources Act the following Monday May 7, and that aggregate resource reps were already informed and scheduled to appear.

To make matters worse, no hearings were scheduled in rural communities.  These communities are most affected by the policies in the ARA, which unfairly favour aggregate extraction over other policy objectives.  Our client wrote to the Standing Committee on General Government asking for more time for a more thorough review and for rural hearings.  This request was entirely reasonable and was granted yesterday when the Committee moved to request travelling hearings.

Read Carl Cosack, chair of NDACT’s letter here.

Rumours about forthcoming federal environmental assessment changes abound

April 19th, 2012 by Laura Bowman

On April 17, Joe Oliver, federal Minister of Natural Resources made announcements and gave interviews about the fate of Canada’s beleaguered federal environmental assessment law, the Canadian Environmental Assessment Act.  No specific amendments have been provided, so it is difficult to understand exactly what the government is proposing to do.

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Proposed Changes to Fish Habitat Provisions of the Fisheries Act

April 18th, 2012 by Laura Bowman and Paula Boutis

In mid‑March 2012, a number of news outlets reported that the Harper government is looking at significant changes to the wording of the Fisheries Act after they were leaked to Otto Langer.

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