In northeastern BC, the “Landman” is a representative of an oil and gas company, who shows up at your door when the company wants to drill an oil or gas well on your property.  Unfortunately, you don’t have a lot of say in it.  Even the cost of fighting about how much compensation you should pay has been a David versus Goliath battle, with land owners often outgunned (or at least out-lawyered).  Which is why we’re glad to learn about a recent order from BC’s Surface Rights Board, issued last November, that ordered Canadian Natural Resources Ltd. to pay $40,000 in “advance costs” to allow Mr. Kerr, a pensioner who lives in a care home, the funds to pay the lawyers and experts that he needs to fight for fair compensation.  The possibility of an advance costs award does not level the playing field between large oil and gas companies and individual land owners.  But it is clearly an option that land owners involved in compensation disputes, and their lawyers, need to be aware of. 

The roll-back of Canada’s environmental laws – legal environmental protection that Canadians have worked for decades to put in place – give the oil and gas industry a host of changes that they've been asking for for years.  While other industries will benefit, It may be useful to list, in one place, just how the oil and gas industry – which is getting a number of perks that are unique to the energy sector – is effectively subsidized by the changes to Canada’s environmental laws.  

With the release of the proposed new Canadian Environmental Assessment Act, 2012, we can say a bit more about the possible impact of changes to environmental assessment on the right of the public to participate in assessments.  Our initial analysis of Bill C-38 suggests that there is cause for concern:  If this new CEAA becomes law, then for some types of environmental assessments, the public will still have a right to participate – but for others (notably pipeline projects) – the government may not want to hear from you unless the pipeline goes through your property or you have a degree (or other special qualifications or information).

20 years ago Canada signed the Rio Declaration, committing us to carry out "environmental impact assessment, as a national instrument … [on] proposed activities that are likely to have a significant adverse impact on the environment and are subject to a decision of a competent national authority."  Claims of duplication and inefficiencies make compelling speaking points, the federal government's current proposals to "modernize" environmental assessment will, among other things:

• Renege on Canada’s commitment to the world to assess the impacts of government decisions on the environment;
• Eliminate all environmental assessments for a great many projects, up to and including mines, hydroelectric projects, incinerators, bridges, etc.; 
• Result in inconsistent, and often weaker, environmental assessment across the country.