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Leonard J. Griffiths

Environmental Lawyer at Bennett Jones Toronto

Partner

David Bursey

Energy Regulatory & ESG Lawyer | Vancouver

Partner 

On February 6, 2018, the Federal Government introduced amendments to the Fisheries Act aimed at enhancing protection to fish and fish habitat. The proposed amendments form part of a system-wide review of Canada's environmental and regulatory processes, which will also include amendments to the Navigation Protection Act, and the introduction of the Impacts Assessment Act and the Canadian Energy Regulator Act. Combined, these legislative amendments will have important implications for industry and project developers.
This article is Part I of a series that will deal with the regulatory changes proposed under Canada's environmental and regulatory processes review.

Federal Review of Environmental and Regulatory Processes Underway

Proposed Amendments to the Fisheries Act

Leonard Griffiths authored Chapter 17 - Environmental Considerations in Business Transactions in Canadian Environmental Law.

Environmental Considerations in Business Transactions

Preet K. Gill

Insolvency & Restructuring Lawyer | Litigation & Transactions

Toronto Managing Partner

Melissa Birman

Commercial, Corporate Governance and Securities Lawyer at Bennett Jones Toronto

Knowledge Management Lawyer

Talia K. Bregman

Management-side Employment Lawyer at Bennett Jones Toronto

Members of Bennett Jones were involved in the writing of various chapters of Directors' Duties in Canada, 6th ed., edited by Barry Reiter and published in Canada by CCH Canadian Limited, including Hugo Alves, Milos Barutciski, Melissa Birman, Stephen Burns, Carl Cunningham, Geoffrey Dyer, Len Griffiths, Bruce Hibbard, Mark Jewett, Martin Kratz, Jeff Leon, Brad Markel, Jesslyn Maurier, Murray Perelman, Raj Sahni, Susan Seller, Gary Solway, Bill Vass, and Claire Webster.

Directors Duties in Canada 6th ed.

Directors' Duties in Canada, 6th ed.

Members of 
 Bennett Jones were involved in the writing of various chapters of 
Directors' Duties in Canada, 5th ed., edited by Barry Reiter and 
 published in Canada by CCH Canadian Limited, including Hugo Alves, Melissa 
 Birman, Corinne Bordman, Paul Cantor, Duncan Card, Jane Freeman, Len 
Griffiths, Martin Kratz, Jeff Leon, Jesslyn Maurier, Paul Moore, Murray 
Perelman, Raj Sahni, Susan Seller, Gary Solway, David Spencer, Bill Vass, 
Claire Webster and Zach Justein.

Directors Duties in Canada 5th ed.

Directors' Duties in Canada, 5th ed.

Ashley M. White

Corporate & Commercial Transactions Lawyer | Power & Energy

Jason D. Roth

Construction & Infrastructure Lawyer | EPC & Project Development

Larissa D. Lees

Regulatory Lawyer at Bennett Jones Calgary

Associate

Canada and Alberta have finalized a Co-operation Agreement to streamline impact assessments and reduce duplication between federal and provincial processes. The framework advances a &ldquo;one project, one review&rdquo; approach aimed at improving efficiency, coordination and regulatory certainty for major projects.

Alberta and Canada Sign Co-operation Agreement to Reduce Assessment Duplication

Samantha Lush

Corporate Commercial Lawyer at Bennett Jones Calgary

Alixe A.L. Cameron

Commercial Real Estate Lawyer

Kateryna Korneliuk

Articling Student at Bennett Jones in Calgary

Articling Student  

Mortgage agreements in Alberta commonly include waivers of Sections 49 and 52 of the Expropriation Act, which can significantly alter how compensation is allocated when land is expropriated. These clauses may shift financial risk from lenders to borrowers and affect entitlement to market value-based compensation and disturbance payments. This blog examines the legal enforceability of such waivers and highlights the importance of clear drafting and independent legal advice.

Drafting Cautiously Waiving Statutory Protections

Sections 49 and 52 of Alberta's Expropriation Act in Mortgage Agreements

Drafting Cautiously: Waiving Statutory Protections 

Sophie Virji

Tax Lawyer at Bennett Jones Calgary

Anna Lekach

The Tax Court of Canada&rsquo;s decision in ExxonMobil Canada Resources Company v. The King highlights the risks of imprecise language in internal corporate communications during CRA audits. The case demonstrates how seemingly innocuous statements can be misconstrued and relied upon to support reassessment positions. It underscores the importance of careful, deliberate drafting to mitigate audit risk and avoid unintended interpretations.

The Issue with Misconstrued Internal Statements

Learnings from ExxonMobil Canada Resources Company v. The King

Jacob Schroeter

Commercial Transactions Lawyer at Bennett Jones Toronto

Quinn Rozwadowski

Articling Student at Bennett Jones in Toronto

Articling Student

This article examines the Ontario Court of Appeal&rsquo;s decision in McDonald&rsquo;s v. North Elgin, confirming that landlords cannot terminate long-term leases due to missing Planning Act consent where the approval process remains ongoing. It highlights the importance of &ldquo;saving clauses,&rdquo; cooperation obligations, and the retroactive curing effect of consent under the Planning Act. The decision reinforces that parties must honour their contractual commitments despite administrative delays.

Anchored Down Long Term Leases and the Limits on Landlord Exit Rights

Anchored Down:  Long-Term Leases and the Limits on Landlord Exit Rights

David J. Wahl, FCIArb

Construction Arbitration & Litigation Lawyer at Bennett Jones Calgary

Christopher Petrucci

Commercial Litigation Lawyer at Bennett Jones Calgary

Brian P. Reid

Construction & Energy Litigation Lawyer

The Alberta Court of King&rsquo;s Bench in Phoenix Treatment Systems Ltd v 1924613 Alberta Ltd confirmed that not all activities qualify as lienable work capable of extending lien deadlines under the Prompt Payment and Construction Lien Act. The decision reinforces that only work sufficiently connected to the construction process will extend the registration period. Parties should take care to accurately identify the last day of lienable work, as errors may invalidate an otherwise enforceable lien.

Environmental Considerations in Business Transactions

From the Same Authors

Federal Review of Environmental and Regulatory Processes Underway

Environmental Considerations in Business Transactions

Directors' Duties in Canada, 6th ed.

Latest Insights

Alberta and Canada Sign Co-operation Agreement to Reduce Assessment Duplication

Drafting Cautiously: Waiving Statutory Protections

The Issue with Misconstrued Internal Statements

Anchored Down: Long-Term Leases and the Limits on Landlord Exit Rights

Stay Informed. Stay Ahead.