Major projects in all sectors take years of careful planning. Obtaining permits and approvals are a key part of that multi-year process. But even if a project receives all necessary permits and approvals, those permits and approvals may still be challenged in the courts.
The process for challenging an approval depends on how the project is regulated. Projects subject to federal environmental regulation under the Impact Assessment Act or its predecessor, the Canadian Environmental Assessment Act, 2012, are good examples. These approvals require both technical evaluation and broad consultation about the potential environmental effects of a project. Based on that evaluation, the federal government engages in a decision-making process whereby it decides whether (or not) to approve the project.
Federal approval decisions are subject to judicial review by the Federal Courts. If challenged, the courts will review both the decision-making process and its outcome to determine whether the process was fair and the decision is reasonable. The court will also consider whether the decision was made with adequate consultation (and if necessary, accommodation) of Indigenous groups. If any of these criteria are not met, the courts may set the decision aside, and proponents may be required to redo some or all of the regulatory process.
An overview of court challenges to projects
What is involved in court challenges to projects? Can projects progress while litigation is in flight? Watch partners Andrew...
