Published in: Canadian Environmental Law Blog August 28, 2019

Canadian Environmental Law Blog: “Use It or Lose It” – Determining the Expiration Date of Environmental Assessment Certificates

The recent decision of Glacier Resorts Ltd. v. British Columbia (Minister of Environment), 2019 BCCA 289, offers a sobering reminder to project proponents that irrespective of the cause of construction delays (including even those outside of one’s own relative control), in assessing whether construction on a project has “substantially started” by the deadline provided on an environmental assessment certificate, the Minister may reasonably restrict their observations to ground work that has actually been completed.  Read more about the implications of this recent decision in Andrew Tang’s latest Canadian Environmental Law Blog post.  To stay current with these and other emerging issues in this area subscribe to the Blog here.