Books & Reports: 1991-2000

A Guide to Impact and Benefits Agreements

by Steven A. Kennett. 1999.
120 pp. ISBN-13: 978-0-919269-48-4. $35.00 (softcover)

The negotiation of impact and benefits agreements (IBAs) has become common practice in Canada when mining developments are located within traditional aboriginal territories or in proximity to remote communities. The increasing prevalence of IBAs has not, however, been matched by the emergence of an extensive descriptive and analytical literature examining these agreements. This paper contributes to filling this information gap by reviewing contextual factors relevant to IBAs and providing an overview of the topics that they commonly address.

Part I of the paper places IBAs in context, beginning with a review of socio-economic considerations. The paper then turns to the legal and policy context for IBAs and the project-specific factors that shape these agreements. Part I concludes with brief comments on the legal nature of IBAs and the role of government in the IBA process.

Part II of the paper examines the contents of IBAs. Beginning with an overview of general trends relating to IBAs, the discussion then turns to the issues addressed in these agreements. The topics covered include employment and training; economic and business development; social, cultural and community support; financial provisions; and environmental protection. The paper concludes by underlining the growing importance of IBAs in Canada and noting the potential of these agreements to meet the needs of aboriginal organizations, mining companies and government.

Local Benefits from Mineral Development: The Law Applicable in the Northwest Territories

by Janet M. Keeping. 1999.
122 pp. ISBN-13: 978-0-919269-47-7 $35.00 (softcover)

This document reports on the law guaranteeing that local people will benefit from mineral development in the Northwest Territories. It surveys the applicable statute law, as well as the land claims which so far have been settled in both the Northwest Territories and Nunavut. It considers how the fiduciary duty of the Crown to protect indigenous peoples' interests should affect the law on local benefits and contains some observations on the importance of negotiations on devolution of authority from the federal government to the territorial level for the law in this area.

The report points out that there are important legal issues that could not be fully examined by it. One set of these arises from international trade law, and the report briefly discusses how free trade agreements could impact on the law requiring the negotiation of local benefits.

The report also examines directions for improvement of the law in this area through a discussion of several public policy considerations. The report concludes with a recommendation that legislation be enacted to ensure greater consistency and fairness in the guarantee of local benefits in the NWT. 

Agricultural Law in Canada 1867-1995: With particular reference to Saskatchewan

by Marjorie L. Benson. 1996.
192 pp. ISBN-13: 978-0-919269-43-9. $35.00 (softcover)

This book documents in four parts the history of agricultural law in Canada. The first part develops a classificatory model of agricultural legislation and examines the history of the principal regimes. The second part classifies the conventional policy arguments for and against each type of regulation. The third part observes that there is not much regulatory reform with respect to land use and land tenure, and that any attempt at reform has met with significant resistance. The fourth part summarizes the conclusions with respect to the processes of regulatory reform.

This book is a valuable reference for lawyers and non-lawyers in government, industry, academia, consulting firms and non-governmental organizations, with an interest in agricultural law and policy. 

Forest Management in Canada

by Monique Ross. 1995.
388 pp. ISBN-13: 978-0-919269-42-2. $20.00 (softcover)

This book provides a comprehensive review of the policy and legal framework of forest management in Canada. Its main purpose is to assess the extent and the means by which political institutions and legal practices are responding to the increasingly complex and competing demands being placed on Canada's forests. The book describes the evolution of Canadian forest policy and analyzes issues and conflicts inherent in contemporary forest policy-making. It then addresses the legal aspects of forest management and in particular, provides a comparative analysis of forest tenures on Crown lands. The book concludes with a discussion of policy and legal reforms which could facilitate the transition from timber to forest management.

The book incorporates policy, legal and economic analyses and offers a unique comparative perspective on the Canadian situation and the latest developments in forest management. It is a valuable reference for lawyers and non-lawyers in government, industry, academia, consulting firms and non-governmental organizations, with a working familiarity with forestry law and policy. 

Comprehensive Land Claims Agreements of the Northwest Territories: Implications for Land and Water Management

by Magdalena A.K. Muir. 1994.
152 pp. ISBN-13: 978-0-919269-44-6. $30.00 (softcover)

This book reviews the legal and constitutional status of the comprehensive land claims agreements in the Northwest Territories, the Inuvialuit Final Agreement, the Gwich'in Final Agreement, and the Tungavik Federation of Nunavut Final Agreement, and examines the aboriginal water rights and the land and water management regimes established under each of them. The book analyzes how the land and water management regime established under each agreement integrates with the existing legislative regime. Finally, the book reviews how the aboriginal water rights and the land and water management regimes arising under each agreement will interact and will create a new land and water management regime for the Northwest Territories.

This book will be of interest to those working with aboriginal, administrative and resource management issues, as well as comprehensive land claims agreements and shared resource management arrangements. 

Canadian Law of Mining

by Barry J. Barton. 1993.
522 pp. ISBN-13: 978-0-919269-39-2. (hardcover)

This book is a comprehensive study of Canadian mining law. From the broad concepts of ownership rights to the intricate details of claim-staking, it covers a wide variety of topics. In addition to practice and procedure, this book addresses the policy inherent in different systems of disposition of mining interests, especially the free miner system. It covers many other issues important to mining, such as acquisition of rights and interests from the Crown, transfers of mining interests, royalties, withdrawal of lands from mining, surface rights, and mining issues in relation to native lands. This book is the culmination of a thorough study of all Canadian case and statute law that deals with these topics.

The variety of issues dealt within this book, as well as the comprehensive coverage, make it a valuable reference for practitioners and non-lawyers in the mining industry, and for government personnel involved with regulating mining activity. 

This publication is out-of-print and not available for purchase.

A Citizen's Guide to the Regulation of Alberta's Energy Utilities

by Janet Keeping. 1993.
75 pp. ISBN-13: 978-0-919269-40-8. $5.00 (softcover)

This Guide to Alberta public utility regulation has three primary purposes. The first is to describe how energy utilities in Alberta are currently regulated by government. The Guide discusses what public utilities are, why they need to be regulated, the process by which the rates charged by utilities are regulated, and how provincial laws control the construction and operation of utility facilities. The second purpose of the Guide is to alert readers to the ways in which the existing system of utility regulation is changing and the third purpose is to provide information on how interested individuals can get involved in the provincial processes for regulating utilities.

Environmental Protection: Its Implications for the Canadian Forest Sector

by Monique Ross and J. Owen Saunders. 1993.
175 pp. ISBN-13: 978-0-919269-34-7. $5.00 (softcover)

This book provides a comprehensive review of legislative provisions governing environmental concerns in Canada which affect forestry activities.

In particular, the chapters deal with air and water pollution, pesticide use, environmental impact assessment processes, as well as the enforcement of environmental obligations. The implications of international obligations on the roles of the federal and provincial governments with respect to forestry are also addressed. Although an important part of the research focuses on legal analysis, this book also incorporates policy analyses and economic considerations.

This book is of interest to readers with a legal background as well as to those with a working familiarity with forestry law and policy - for example, forest companies, and government personnel and consultants. 

Energy Conservation Legislation for Building Design and Construction

by Adrian J. Bradbrook. 1992.
87 pp. ISBN-13: 978-0-919269-36-1. $5.00 (softcover)

This book addresses the legal problems that surround energy conservation for new and existing buildings. It includes a review of existing legislation, with examples taken from a number of jurisdictions including Canada, the U.S., the U.K., Australia, New Zealand, Denmark, and Japan. This book analyzes options for law reform and proposes a legal management model that could be adopted in all jurisdictions.

This book is of interest to people concerned with energy conservation, especially as it can be implemented in buildings. It is of particular interest to people in any jurisdiction who are looking into possible means of regulating and encouraging energy efficiency in the building sector. Professor Bradbrook was the 1991 incumbent of the Chair of Natural Resources Law in the Faculty of Law at the University of Calgary. 

Managing Interjurisdictional Waters in Canada: A Constitutional Analysis

by Steven A. Kennett. 1991.
238 pp. ISBN-13: 978-0-919269-31-6. $5.00 (softcover)

This book addresses constitutional questions related to water management in the context of divided jurisdiction and transboundary watersheds. The characteristics and uses of water and the federalism background to water issues are reviewed. Three policy options for interjurisdictional water management are identified and discussed: intergovernmental agreements, adjudication of transboundary water conflicts, and federal use of the "peace, order and good government" power. While legal and political obstacles remain, all three options could contribute to better management of Canada's interjurisdictional waters.

This book will be valuable to those with an interest in the workings of Canadian federalism, as well as anyone involved in water resources management, or natural resources management generally, in Canada.