by Dean Watt (Calgary Office) of Borden Ladner Gervais
At issue in Bennett Environmental Inc. v. Canada (Minister of the Environment) was whether the Canadian Environmental Assessment Act (“CEAA”) authorized the federal Minister of the Environment to refer to a review panel for assessment a facility for cleaning contaminated soil when all provincial approvals for the construction of the facility had been obtained and the construction of the facility was substantially complete.When the Minister announced that he was referring the Bennett facility to a joint panel review under CEAA all necessary provincial approvals for the construction of the facility had already been obtained and the construction of the facility was over 90 percent complete. No federal approvals were required for the construction or operation of the facility. Bennett successfully applied to the federal court for a review of the Minister’s decision on the basis that the facility did not fit within the CEAA definition of a “project” as it was substantially complete. More Info...
