Bennett Jones

Education

Memorial University of Newfoundland, BA, 1978 University of Ottawa, BA, 1980 University of Ottawa, LLB, 1982

Bar Admissions

Ontario, 1984 British Columbia, 1991

David Bursey

Partner
Co-Head of Aboriginal Law Practice

T: 604.891.5128 / E: burseyd@bennettjones.com

Vancouver

For almost 40 years, David Bursey has advised energy, natural resource and infrastructure clients on regulatory, environmental, ESG, water resource management and Indigenous community relations to assist with successful project development and operation.

He is a member of the firm’s Energy, Regulatory, Environmental, ESG, Mining, Power and Renewable Energy practice groups, as well as the co-head of the firm's Aboriginal Law practice group. He assists clients with project design and approval, community relations, and the subsequent regulation of operations. He also advises on corporate reputation management, social communication of risk, risk management and governance policies related to environmental practices, Indigenous community relations, and other ESG matters.

He represents clients before federal and provincial regulatory tribunals, such as the Canadian Energy Regulator, the British Columbia Utilities Commission, Commissions of Inquiry, and before government review panels during major projects environmental reviews. He has participated in many high-profile project reviews since the 1980’s, involving various sectors: energy (oil, gas, electricity and renewable), industrial complexes, aquaculture, municipal infrastructure, transportation infrastructure, airport infrastructure, port infrastructure, and marine shipping. He also assists clients with judicial challenges, appeals, compliance issues, injunctions and dispute resolution before at all levels of court and arbitral proceedings.

He advises on public utility regulation and other regulated industries, including the licensing, economics, and operation of: energy pipelines, energy utilities, renewable energy, marine transportation, telecommunications, cannabis, liquor, mining and forestry.

Before joining private practice, David worked with the federal government in Ottawa—first with the Department of Energy, Mines and Resources, and then with the National Energy Board.

David is a member of the Canadian Bar Association, the American Bar Association, the Rocky Mountain Mineral Law Foundation, the International Association of Petroleum Negotiators and the Inter-Pacific Bar Association. He is also a former National Chair of the Administrative Law Section of the Canadian Bar Association and a former Provincial Chair of the Administrative Law Section of the Canadian Bar Association (British Columbia).

David's expertise is recognized by various peer-reviewed lawyer rating entities, including Chambers, Lexpert, Best Lawyers, and LexisNexis – Martindale-Hubbell.

Recent Recognitions

Business in Vancouver's BC500 in the Law

Recognized, Environmental, Social and Governance
Chambers Canada

Band 1, Energy: Provincial Regulatory – BC
Ranked, Aboriginal Law
Chambers Global

Band 3, Aboriginal Law
Canadian Legal Lexpert Directory

Consistently Recommended, Energy (Electricity); Energy (Oil & Gas)
Repeatedly Recommended, Environmental Law; Aboriginal Law
LexisNexis Martindale-Hubbell

Received a BV Distinguished Peer Rating Review
The Legal 500 Canada

Recommended, Aboriginal Law
Recommended, Energy - Oil & Gas
Recommended, Environment
Best Lawyers in Canada

2020, 2021, 2024 Vancouver Lawyer of the Year, Oil and Gas law
2020, 2021, 2024 Vancouver Lawyer of the Year, Energy Law
Recognized for Aboriginal Law/Indigenous Practice; Energy Law; Energy Regulatory Law; Environmental Law; Natural Resources Law; Oil and Gas Law
Benchmark Litigation: Canada

Recognized as a Litigation Star
Lexpert/Report on Business Special Edition - Canada's Leading Corporate Lawyers

Recognized as a leading Corporate lawyer in Canada
Lexpert/Report on Business Special Edition - Canada's Leading Energy Lawyers

Recognized as a leading Energy lawyer in Canada
Lexpert/Report on Business Special Edition - Canada's Leading Infrastructure Lawyers

Recognized as a leading Infrastructure lawyer in Canada
Lexpert/Report on Business Special Edition - Canada's Leading Global Mining Lawyers

Recognized as a leading Mining lawyer in Canada
Lexpert US/Canada Cross-Border Guide - Corporate

Recognized as a leading Energy (Oil & Gas) and Energy (Electricity) lawyer

Recent Insights, News & Events

Chambers Global Ranks Bennett Jones Lawyers in 2025 Guide
Announcements / February 13, 2025
Bennett Jones has been recognized in the Chambers Global Guide 2025, with 49 lawyers ranked across 19 practice areas. Clients in Canada and around the world trust us to navigate their most complex legal matters. Our inclusion in Chambers Global Guide 2025 highlights our commitment to an exceptional client experience, deep industry knowledge and long-standing client relationships.
From Barriers to Bridges: Navigating the Unique Landscape of Indigenous Enterprise Financing
Blog / February 05, 2025
In recent years, growing attention and effort has been placed on studying Indigenous economies in Canada with the aim of closing gaps in business, project, community and housing financing, ultimately closing the infrastructure gap. This article examines some of the challenges and opportunities associated with closing those gaps.
Discovery Announces US$425 Million Acquisition of Newmont’s Porcupine Complex
Client Work / January 30, 2025
Discovery Silver Corp. has announced that it has entered into a definitive agreement to acquire from a wholly owned subsidiary of Newmont Corporation 100% of Newmont’s interest in its Porcupine Operations based in and near Timmins, Ontario for total consideration of US$425 million.
“Frequent” Calls for Power: Newly Re-Elected BC Government Prioritizes Clean Energy Development in 2025
Blog / January 29, 2025
On 16 January 2025, the Government of British Columbia released mandate letters for Premier David Eby's new cabinet (Mandate Letters). The Mandate Letters directed cabinet ministers to focus on growing BC's economy and improving investor certainty while emphasizing the need for environmental stewardship and reconciliation with Indigenous communities. These mandate letters included several aspects relevant to the development of renewable power in British Columbia, which we have noted below.
Bennett Jones Top Ranked in Chambers Canada 2025
Announcements / September 26, 2024
Bennett Jones is proud to have once again been recognized as one of Canada’s leading law firms across 41 practice areas, with 135 lawyer rankings in Chambers Canada 2025. These rankings reflect the deep trust our clients place in us to solve their most complex legal matters and underscore our lawyers' extensive understanding of their industries and businesses, enabling us to consistently deliver an exceptional experience. In this year's guide, Bennett Jones has 10 Band 1 practice rankings, 20 Band 1 lawyer rankings and 10 newly-ranked lawyers. In addition to this year's rankings, Bennett Jones was awarded Class Action Law Firm of the Year and was a finalist for Real Estate Law Firm of the Year.
42 Lawyers Recognized in Lexpert Special Edition: Energy and Mining 2024
Announcements / September 09, 2024
42 Bennett Jones lawyers have been recognized for their legal expertise in the Lexpert Special Edition: Energy and Mining 2024. This issue highlights the latest industry developments, trends and legal issues including how the demand for critical minerals, ESG accountability and Indigenous consultation is reshaping dealmaking.
After the New Bill C-69: A Plan, a Directive and then What?
Blog / July 23, 2024
In recent months, the Government of Canada took several steps that may alter the regulatory system for natural resource and infrastructure projects, and "clean growth projects" in particular. First, Bill C-69, An Act to implement certain provisions of the budget tabled in Parliament on April 16, 2024, was given Royal Assent. This omnibus budget bill introduced amendments to the Impact Assessment Act (IAA) to reconcile the Act with the October 2023 opinion of the Supreme Court of Canada that found the Act exceeded Parliament’s jurisdiction. The Government submits that the amended Act includes increased flexibility in substitution of assessments to allow for greater collaboration and to avoid interjurisdictional duplication. An earlier blog by Martin Ignasiak, David Bursey and Lisa Rodriguez suggested that the amendments “offer minimal changes and may leave the IAA once again ripe for constitutional challenges”.
Environmental Assessment Dispute Resolution Regulations Officially Announced in British Columbia
Blog / July 19, 2024
On 9 July 2024, British Columbia announced that new regulations under the Environmental Assessment Act (EAA or Act) came into force to support the dispute resolution process available to Indigenous nations or the chief executive assessment officer under the EAA. The Environmental Assessment Dispute Resolution Facilitators Regulation aims to support dialogue and negotiation between the B.C. Environmental Assessment Office and Indigenous nations throughout a project's environmental assessment.
Impact Assessment Act Amendments Announced: Many Questions Still Left Unresolved
Blog / May 06, 2024
On April 30, 2024, the Government of Canada announced widely-anticipated amendments to the Impact Assessment Act (IAA or Act) as part of a 663 page omnibus budget bill. Canada announced the 2024 budget with the tagline "Fairness for Every Generation," claiming that the amendments to the IAA are both "constitutionally sound" and allow for a more efficient assessment process.
BC Hydro 2024 Call to Power—Overview of Request for Proposal Documents
Blog / April 10, 2024
On June 15, 2023, the Government of British Columbia announced BC Hydro was proceeding with a call for new sources of 100 percent clean, renewable emission-free electricity from large-scale projects, notably including wind and solar. As part of phase two of BC Hydro's engagement process, on January 8, 2024, BC Hydro issued a draft Request for Proposals (RFP). Organizations within the independent power industry, First Nations and stakeholders were invited to provide feedback on the draft RFP, and the resulting draft specimen Electricity Purchase Agreement.
B.C. and Haida Nation Release Haida Title Lands Agreement
Blog / March 29, 2024
On March 28, 2024, British Columbia and the Council of the Haida Nation released the draft Gaayhllxid • Gíihlagalgang “Rising Tide” Haida Title Lands Agreement which would recognize Haida Nation’s Aboriginal Title on Haida Gwaii and transition over time land-and resource-related governance powers from British Columbia to Haida Nation.
B.C. $1-Billion First Nations Equity Financing Framework
Blog / March 04, 2024
After much anticipation, on February 22, 2024, British Columbia announced its intention to create a First Nations Equity Financing Framework (Framework) as part of its latest budget and fiscal plan. The Framework aligns with its commitment to “co-develop with First Nations a new fiscal relationship that supports the self-determination and operation of First Nations governments” and to implement the United Nations Declaration on the Rights of Indigenous Peoples.
Chambers Global Ranks Bennett Jones Lawyers in 2024 Edition
Announcements / February 15, 2024
Bennett Jones has 49 lawyer rankings across 19 practice areas in Chambers Global 2024. Chambers and Partners is an independent research company operating across 200 jurisdictions delivering 49 detailed rankings and insight into the world's leading lawyers.
Bennett Jones Top Ranked in Chambers Canada 2024
Announcements / September 28, 2023
Bennett Jones has been recognized as one of Canada’s leading law firms across 39 practice areas, with 124 lawyer rankings in Chambers Canada 2024. In this year's guide, Bennett Jones has 11 Band 1 practice rankings, 21 Band 1 lawyer rankings and 10 newly-ranked lawyers. In addition to this year's rankings, Bennett Jones was awarded Real Estate Law Firm of the Year and was a finalist in Projects and Energy Law Firm of the Year.
52 Lawyers Recognized in Lexpert Special Edition: Energy 2023
Announcements / September 25, 2023
52 Bennett Jones lawyers have been recognized for their legal expertise in the Lexpert Special Edition: Energy 2023. This issue highlights the latest industry developments, trends and legal issues including oil and gas, renewables, environmental regulation and Indigenous consultation.
Federal Government Asserts Jurisdiction over Electricity in New Draft Regulations
Blog / August 24, 2023
The Canadian government released its long-anticipated draft Clean Electricity Regulations on August 10, 2023, setting out its approach to mandating a net-zero emissions power grid by 2035. In this note, we offer our insight on this federal regulatory initiative that will have implications on the electricity industry across Canada and is certain to be controversial in some regions of Canada, setting the stage for jurisdictional challenges and regulatory uncertainty, all of which must be addressed in order to establish a strong basis on which to invest.
Bennett Jones Lawyers Recognized in Best Lawyers in Canada 2024
Announcements / August 24, 2023
104 Bennett Jones lawyers have been recognized across 46 practice areas in the 2024 edition of Best Lawyers in Canada. The recognized lawyers work in Bennett Jones' offices across Canada in Calgary, Edmonton, Toronto and Vancouver, highlighting the firm's national expertise.
Electrification of Vehicles, Industry, Prompts BC Hydro's First Call for Power in 15 Years
Blog / July 19, 2023
On June 15, 2023, the Government of British Columbia announced that BC Hydro would be moving forward with a call for new sources of 100 percent clean, renewable emission-free electricity, notably including wind and solar. The call, expected to launch in spring 2024, is BC Hydro's first call for power in 15 years and will seek power from larger scale projects.
Canadian Experience with Indigenous Free, Prior and Informed Consent in Resource Development
Articles / July 06, 2023
David Bursey, Claire Lingley and Christina Joynt co-authored a article in the Australian Environment Review, entitled Canadian Experience with Indigenous Free, Prior and Informed Consent in Resource Development.
Forty Bennett Jones Lawyers Recognized In Benchmark Canada 2023
Announcements / April 26, 2023
Bennett Jones is Highly Recommended in the 2023 Benchmark Canada rankings, with 40 individual lawyers ranked this year—30 Litigation Stars and 10 Future Stars. Benchmark Litigation's law firm and lawyer rankings based on extensive interviews with litigators, dispute resolution specialists and their clients as well as analysis of the market’s most important cases and firm developments.
Chambers Global Ranks Bennett Jones Lawyers in 2023 Edition
Announcements / March 06, 2023
Bennett Jones has 50 lawyer rankings across 19 practice areas in Chambers Global 2023. Chambers and Partners is an independent research company operating across 200 jurisdictions delivering detailed rankings and insight into the world's leading lawyers.
Blueberry River First Nation, Treaty 8 First Nations and Province of British Columbia Sign Historic Agreements
Blog / January 30, 2023
On January 18, 2023, the Province of British Columbia (Province) and the Blueberry River First Nation signed the Blueberry River First Nation Implementation Agreement. On January 20, 2023, the Province also finalized a co-developed set of initiatives with four other Treaty 8 First Nations, including the Fort Nelson, Saulteau, Halfway River and Doig River First Nations.
British Columbia Releases Guidance on Consultation With Indigenous Peoples in Policy and Legislative Development Process
Blog / December 19, 2022
On 4 October 2022, the Government of British Columbia released its policy guidance entitled Interim Approach to Implement the Requirements of Section 3 of the Declaration on the Rights of Indigenous Peoples Act (Interim Approach). This guidance offers insight into the government thinking on this high-profile legislative initiative—touted by the province as "world-leading."
Bennett Jones Shines In Legal 500 Canada Rankings
Announcements / November 09, 2022
Bennett Jones has been recognized as a top-tier firm in five practice areas in the 2023 Legal 500 Canada guide: Aviation, Cannabis, Dispute Resolution: Alberta, Environment and Oil and Gas.
Federal Clean Electricity Standard – Where is Canadian Federalism Headed?
Articles / October 17, 2022
David Bursey co-authors a blog with Denise Mullen for the Business Counsel of British Columbia on Canada's proposed federal clean electricity standard. David and Denise propose that the standard "is unnecessary and...represents an unconstitutional over-reach of federal jurisdiction."
David Bursey Recognized on BIV News BC500 List
Announcements / August 23, 2022
David Bursey, in the Law—Environmental, Social and Governance section has been recognized for his 40 years of expertise in ESG matters.
Lexpert’s Leading Canadian Infrastructure Lawyers
Announcements / June 22, 2022
Thirty-eight Bennett Jones lawyers are ranked in the 2022 Lexpert special edition of Canada’s Leading Infrastructure Lawyers. The issue profiles Lexpert-ranked lawyers in business-related litigation and appears in June’s Report on Business Magazine in the Globe and Mail.
Bennett Jones Highly Recommended in Benchmark Canada 2022
Announcements / April 28, 2022
Bennett Jones is Highly Recommended as a firm in the 2022 Benchmark Canada rankings, with 38 individual lawyers ranked this year—30 are Litigation Stars, with 5 ranked as a Top 50 Trial Lawyer, and 8 are Future Stars.
Revisiting Advance Costs for Public Interest Litigation: Beaver Lake Cree Nation Case
Blog / April 11, 2022
On March 18, 2022, the Supreme Court of Canada issued a decision in Anderson v Alberta [Beaver Lake Cree] that elaborates on the test for awarding advance costs to offset the expenses of public interest litigants. The decision arises in the context of Indigenous rights litigation, but extends to other cases involving public interest issues.
Potential Implications of B.C. Supreme Court Decision: Thomas and Saik'uz First Nation v Rio Tinto Alcan Inc.
Blog / February 09, 2022
On January 7, 2022, more than a decade after the claim was first filed, the B.C. Supreme Court (BCSC) released its decision in Thomas and Saik'uz First Nation v Rio Tinto Alcan Inc. The decision considers the Saik'uz First Nation and Stellat'en First Nation's (the Nations) claims that Rio Tinto Alcan Inc.'s (Rio Tinto) installation and operation of the Kenney Dam and related Nechako Reservoir interfered with the Nations' Aboriginal rights so that Rio Tinto was liable to the Nations for the tort of private nuisance, public nuisance and a breach of riparian rights.
Blueberry River First Nation and the Government of British Columbia Reach Historic Interim Agreement
Blog / November 19, 2021
On October 7, 2021, the Blueberry River First Nation (BRFN) and the Province of British Columbia (Province) reached an initial agreement in response to the recent court decision in Yahey v British Columbia [Yahey]. The initial agreement advances the reconciliation of BRFN Indigenous and public interests, and clarifies the implications for certain development projects in the area that have been coping with the uncertainty created by the Court’s decision.
Ermineskin Decision: A Novel Twist on the Duty to Consult
Articles / October 20, 2021
David Bursey and Deirdre Sheehan write in Canadian Mining Journal on how the recent Federal Court decision in the Ermineskin Cree Nation v Canada case added a new twist to the Crown’s duty to consult with Indigenous nations.
Bennett Jones: "Top Tier" in Chambers Canada 2022
Announcements / September 16, 2021
Bennett Jones has been recognized as one of Canada’s leading law firms across 38 practice areas, with 111 lawyer rankings in Chambers Canada 2022. Bennett Jones has 8 Band 1 practice rankings and 14 Band 1 lawyer rankings in this year's guide.
Recent Developments in Aboriginal Law: Cumulative Effects, Equitable Compensation and Duty to Consult
Blog / August 30, 2021
Three important decisions relating to Indigenous peoples across Canada have been issued recently: Yahey v British Columbia, Southwind v Canada and Ermineskin Cree Nation v Canada (Environment and Climate Change). The three decisions have notable implications for development projects across Canada and the Crown’s discharge of its duty to consult.
Bennett Jones' Best Lawyers in Canada 2022
Announcements / August 26, 2021
146 Bennett Jones lawyers have been recognized across 48 practice areas in the Best Lawyers in Canada 2022 edition, with 44 lawyers having earned recognition in multiple practice areas. The recognized lawyers work in Bennett Jones' offices across Canada in Calgary, Edmonton, Toronto and Vancouver, highlighting the firm's national expertise.
David Bursey Selected to Business in Vancouver's BC500
Announcements / August 17, 2021
David Bursey has been selected to Business in Vancouver's BC500 in the Law – ESG category. The BC500 features business leaders who have a notable impact on B.C.’s communities, industries and economy.
36 Bennett Jones Lawyers Ranked in Lexpert Special Edition on Infrastructure
Announcements / August 05, 2021
Thirty-six Bennett Jones lawyers are ranked in the 2021 Lexpert Special Edition: Infrastructure 2021.
David Bursey on ESG in M&A
Speaking Engagements / June 16, 2021
David Bursey speaks at the Inter-Pacific Bar Association conference in the "Principles for Sustainable and Responsible Investment: a new road for ESG in M&A?" segment.
Bennett Jones Highly Recommended in Benchmark Canada 2021
Announcements / May 04, 2021
Bennett Jones is Highly Recommended as a firm in the 2021 Benchmark Canada rankings, with 37 individual lawyers ranked this year—29 are Litigation Stars, 8 are Future Stars and 5 are Top 50 Trial Lawyers.
Indigenous Persons from the United States May Hold Aboriginal Rights in Canada
Blog / May 03, 2021
On April 23, 2021, the Supreme Court of Canada (SCC) released its decision in R. v. Desautel, 2021 SCC 17, which upheld the lower court decisions to acquit Richard Desautel of charges under the Wildlife Act. The SCC confirmed his Aboriginal right to hunt in the Arrow Lakes area of British Columbia, even though he is a resident and citizen of the United States.
Bennett Jones in Chambers Global 2021
Announcements / February 21, 2021
Bennett Jones has 51 lawyer rankings in 18 practice areas in Chambers Global 2021. Chambers and Partners is an independent research company operating across 200 jurisdictions delivering detailed rankings and insight into the world's leading lawyers.
British Columbia Introduces CleanBC Industrial Electrification Rates and the Facilities Electrification Fund
Blog / February 05, 2021
On January 28, 2021, the Government of British Columbia announced that BC Hydro will offer discounted electricity rates to innovative industrial customers seeking to use clean electricity in qualified “green” operations, as well as industrial customers who convert their operations to be powered by electricity instead of fossil fuels. In addition to rate discounts, British Columbia will also provide financing to encourage electrification projects through a new $84.4-million CleanBC Facilities Electrification Fund.
Bennett Jones Leads Canada in Energy Law
Announcements / October 26, 2020
Bennett Jones has 52 lawyers ranked in Lexpert's Special Edition: Energy 2020—more than any other law firm in Canada. Ranked lawyers provide services in oil & gas, electricity, alternative and nuclear energy. Bennett Jones has been intimately involved in virtually every major energy development project in Canada in the past 20 years, representing project proponents, investors and other stakeholders.
Bennett Jones is Recognized in Chambers Canada 2021
Announcements / September 10, 2020
Bennett Jones has been recognized as one of Canada’s leading law firms across 38 practice areas, with 115 lawyer rankings in Chambers Canada 2021.
39 Bennett Jones Lawyers Ranked as Infrastructure Leaders
Announcements / September 03, 2020
39 Bennett Jones lawyers are ranked in the Lexpert Special Edition – Canada's Leading Infrastructure Lawyers. Ranked lawyers are based in the firm's Calgary, Edmonton, Toronto and Vancouver [...]
Bennett Jones' Best Lawyers in Canada 2021
Announcements / August 27, 2020
110 Bennett Jones lawyers have been recognized across 47 practice areas in The Best Lawyers in Canada 2021 edition, with 44 lawyers having earned recognition in multiple practice areas. The recognized lawyers work in Bennett Jones' offices across Canada in Calgary, Edmonton, Toronto and Vancouver, highlighting the firm's national expertise.
Memorandum of Understanding on Wet'suwet'en Rights and Title—An Ambitious Plan
Blog / June 03, 2020
On May 14, 2020, British Columbia, Canada and the Wet’suwet’en Hereditary Chiefs signed memorandum of understanding (MOU) that establishes a process for the “three equal governments” to negotiate agreements on how to implement Wet’suwet’en aboriginal title and rights.
Prosper Rigel Project Decision Overturned: Increased Complication for Project Development
Blog / April 30, 2020
In Fort McKay First Nation v Prosper Petroleum Ltd, 2020 ABCA 163 (Prosper) the Alberta Court of Appeal set aside the Alberta Energy Regulator's (AER) approval of Prosper Petroleum Ltd.'s application for the Rigel bitumen recovery project. The Court decided that the AER interpreted its public interest mandate too narrowly by failing to consider issues raised by the Fort McKay First Nation (FMFN) about how the approval of the Rigel Project may affect their efforts with the Government of Alberta to develop a land use plan to respond to FMFN concerns about the cumulative effects of oil sands development on FMFN treaty rights.
New Proponent Guide to First Nations and Métis Settlements Consultation Released by Alberta Government
Blog / February 05, 2020
The Government of Alberta (GoA) updated The Government of Alberta's Proponent Guide to First Nations and Métis Settlements Consultation Procedures (the "2019 Guide") in December 2019, which took effect on January 2, 2020.
British Columbia's UNDRIP Legislation - A Framework to Advance
Articles / December 04, 2019
Sharon Singh, David Bursey, Charlotte Teal and Radha Curpen are the authors of "British Columbia's UNDRIP Legislation - A Framework to Advance" published in the CBA Business Law Quarterly, Q4 2019 Fall Legislative Update.
Bennett Jones is Top-Tier in The Legal 500
Announcements / November 18, 2019
Bennett Jones has been recommended as a Top-Tier firm in 5 practice areas in The Legal 500 Canada 2020 guide.
British Columbia's UNDRIP Legislation—A Framework to Advance Reconciliation
Blog / November 12, 2019
On October 24, 2019, the British Columbia (B.C.) government introduced Bill 41 – 2019, Declaration on the Rights of Indigenous Peoples Act, fulfilling its February 2019 announcement that it would [...]
The Canadian Experience
Speaking Engagements / October 18, 2019
David Bursey presented "The Canadian Experience" at the AMPLA Conference on Mining: The brave new world - Managing Project Risk held at Brisbane, Australia.
David Bursey Authors BCBC’s Policy Paper Implementing UNDRIP—What Good Looks Like
Articles / October 01, 2019
David Bursey authors the October 2019 Business Council of British Columbia's policy paper "Implementing the United Nations Declaration of the Rights of Indigenous People (UNDRIP)—What Good Looks Like."
Lexpert Ranks 28 Bennett Jones Lawyers as Infrastructure Leaders
Announcements / September 27, 2019
28 Bennett Jones lawyers have been ranked in The Lexpert Special Edition – Canada's Leading Infrastructure Lawyers.
Bennett Jones' Leading Lawyers in Chambers Canada 2020
Announcements / September 19, 2019
Bennett Jones has been recognized as one of Canada’s leading law firms with over 100 recognized practitioners nationally in Chambers Canada 2020. Here are a few things clients have said: “The [...]
Bennett Jones Leads Canada in Energy Law
Announcements / September 02, 2019
Bennett Jones has 49 lawyers ranked in Lexpert’s 2019 Special Edition—Canada’s Leading Energy Lawyers, more than any other firm. The rankings appear in the Globe and Mail’s Report on Business magazine.
Aboriginal Rights in Canada Can Include Indigenous Persons in the United States
Blog / May 17, 2019
On May 2, 2019, the British Columbia Court of Appeal released its decision in R v Desautel, 2019 BCCA 151. The Court of Appeal upheld the lower courts decisions to acquit Richard Desautel of charges under [...]
British Columbia to Introduce UNDRIP Legislation
Blog / February 21, 2019
On February 12, 2019, the British Columbia government announced plans to introduce legislation that implements the United Nations Declaration on the Rights of Indigenous People (UNDRIP) (the Legislation), [...]
B.C. “Revitalized” Environmental Assessment Regime—The Path Ahead
Blog / January 10, 2019
In November 2018, British Columbia passed legislation designed to “revitalize” its Environmental Assessment Act as well as "to ensure the legal rights of First Nations are respected, and the [...]
B.C. Releases its Climate Action Plan, CleanBC
Blog / December 10, 2018
On December 5, 2018, the British Columbia government announced its climate action plan, CleanBC, which explains how the government intends to meet the province’s legislated emissions reduction targets [...]
David Bursey in Mining Magazine on Mine Closure
In The News / December 01, 2018
David Bursey comments in Mining Magazine on how mine closure has come a long way in the last 20 years, with miners finding more sustainable, environmental and community-friendly ways to cap off mining activities at their sites. There are reasons to be hopeful about the future of mine closure, Bennett Jones partner David Bursey says from Vancouver. "There's always work to be done, but there has been an acceptance among progressive mining companies trying to establish clear and progressive policies that respond to these rising social expectations." Companies are aware that they "need to be seen to be transparent about how they approach business and follow best practices", he says. "The world is always watching."
David Bursey in Lexpert on Provincial Electricity Regulations
In The News / August 31, 2018
David Bursey comments in Lexpert’s Special Edition—Canada’s Leading Energy Lawyers on provincial electricity system policies and regulations in Canada. David says the provinces each have “a whole series of different social, economic and political experiments” that affect the current state and development of their electrical infrastructure. “We need predictability, certainty and a reasonable expectation of reaching decisions. It is really important for investment.” Without certainty and a more harmonious regulatory regime throughout Canada that makes it easier to get approvals for new facilities—from electrical power generation to transmission—“then you are doomed to the status quo.”
Bennett Jones on Canadian Minerals and Metals Plan
In The News / August 27, 2018
David Bursey, Simon Foxcroft, Sharon Singh and Charlotte Teal write in Canadian Mining Journal on the key aspects of the Canadian Minerals and Metals Plan (CMMP). Expected to launch in 2019, the CMMP aims to enhance Canada’s competitiveness in the global mining industry and increase opportunities domestically and internationally.
Ambitious Impact Assessment Act to Reshape Project Review Regime
Articles / June 14, 2018
David Bursey, Sharon Singh, Brandon Mewhort and Stephanie Ridge look at the key aspects of the proposed Impact Assessment Act (part of Bill C-69) in Canadian Mining Journal. They write on why the stakes are high—project assessment is at the intersection of many federal policy objectives that shape our natural resource economy and global reputation.
New B.C. Requirements for Lobbyists Come into Effect May 1
Blog / April 24, 2018
On May 1, 2018, amendments to the Lobbyists Registration Act will come into force introducing new requirements and restrictions for in-house and consultant lobbyists (the "Amendments"). The Amendments [...]
Lax Kw’alaams Legal Challenge to the Federal Oil Tanker Moratorium on Canada’s West Coast
Blog / April 04, 2018
On March 22, 2018, the Lax Kw’alaams Indian Band and the Nine Tribes of the Lax Kw’alaams (Lax Kw’alaams) filed a legal challenge against Canada and British Columbia based on Canada’s [...]
The Creation of the Canadian Energy Regulator
Updates / March 01, 2018
This article supplements our multi-part series on changes to Canada’s regulatory regime governing project development and operation in Canada. This post summarizes the proposal to establish the Canadian Energy Regulator (Regulator) as introduced by Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts (Bill C-69). Bill C-69 proposes the repeal of the existing National Energy Board Act (NEB Act) and the enactment of the Canadian Energy Regulator Act (CERA).
A New Federal Framework on the Recognition and Implementation of Indigenous Rights
Blog / February 23, 2018
On February 14, 2018, the federal government announced a new framework, including new legislation, to recognize and implement Indigenous rights (the “Framework”) in support of its commitment [...]
Sea Change: The Canadian Navigable Waters Act
Updates / February 22, 2018
This article is Part III of a series that discusses the federal government’s proposed changes to Canada’s environmental regulatory regime governing project development and operation in Canada. This post summarizes the changes to the Navigation Protection Act (NPA) as introduced by Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts.
Reshaping Canada’s Project Assessment Regime—Bill 69’s Ambitious Blueprint
Updates / February 20, 2018
This article is Part II of a series that discusses the federal government’s proposed changes to Canada’s environmental regulatory regime governing project development and operation in Canada. In this article, we review the changes to Canada's project assessment regime proposed under Bill 69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts.
BC Seeks Feedback on Second Phase of the Spill Response Regime
Articles / February 13, 2018
David Bursey, Radha Curpen and Sharon Singh are the co-authors of BC Seeks Feedback on Second Phase of the Spill Response Regime for HazMat.
British Columbia Supreme Court Orders First Nation to Disclose Impact Benefit Agreements
Updates / February 09, 2018
The recent decision by the Supreme Court of British Columbia (BCSC) in Yahey v British Columbia (2018 BCSC 123, 25 January 2018) offers interesting insight into the circumstances in which benefit sharing agreements and accommodation payments might be disclosed. The issue of transparency around payments to indigenous groups by project developers is drawing increasing attention in litigation like the Yahey case and in regulatory initiatives like the federal Extractive Sector Transparency Measures Act.
Federal Review of Environmental and Regulatory Processes Underway
Updates / February 09, 2018
On February 6, 2018, the Federal Government introduced amendments to the Fisheries Act aimed at enhancing protection to fish and fish habitat. The proposed amendments form part of a system-wide review of Canada's environmental and regulatory processes, which will also include amendments to the Navigation Protection Act, and the introduction of the Impacts Assessment Act and the Canadian Energy Regulator Act. Combined, these legislative amendments will have important implications for industry and project developers. This article is Part I of a series that will deal with the regulatory changes proposed under Canada's environmental and regulatory processes review.
BC Seeks Feedback and Engagement on Second Phase of the Spill Response Regime
Blog / February 05, 2018
The British Columbia government is moving forward with the second phase of spill regulations, announcing further stakeholder engagement on important elements, such as spill response in sensitive areas [...]
David Bursey on New B.C. Spill Regulations
In The News / December 22, 2017
David Bursey comments in The Lawyer’s Daily on British Columbia’s new spill regulations to protect the environment that recently went into force. David says the changes “put British Columbia at the forefront of spill preparedness and response” and help fulfill a commitment by the province to develop a world-class land based spill response regime.
B.C. Bans Corporate and Union Donations in Provincial and Municipal Election Campaigns
Blog / December 21, 2017
On November 30, 2017, amendments to the Election Act (EA), and the Local Elections Campaign Financing Act (LECFA), came into force, which prohibit unions and corporations from contributing to provincial [...]
Navigating the Way Forward at GVBOT Energy Forum
Blog / December 20, 2017
Across British Columbia and around the world, a new relationship is developing between the low-carbon economy, carbon-based fuel, and communities. Governments in British Columbia and Canada have responded [...]
Canada Supports UNDRIP Implementation Bill
Blog / December 06, 2017
On November 20, 2017, the federal government announced that it will support Private Member’s Bill C-262, the United Nations Declaration on the Rights of Indigenous Peoples Act (Bill C-232, An Act [...]
Ktunaxa Nation v. British Columbia: The Duty to Consult and Protecting Religious Freedom Rights
Blog / November 06, 2017
On November 2, 2017, the Supreme Court of Canada released its decision in Ktunaxa Nation v. British Columbia (Forests, Lands and Natural Resource Operations), 2017 SCC 54. This case dealt with a novel [...]
British Columbia Takes Action to Reform Municipal Campaign Finance
Blog / November 02, 2017
Further to our article of October 10, 2017, we note that on October 30, 2017, the government of British Columbia introduced amendments to the Local Elections Campaign Financing Act that will change municipal [...]
David Bursey on Pipeline Projects in Lexpert
In The News / October 30, 2017
David Bursey comments in Lexpert on the importance of pipelines to the oil and gas industry in Canada and the social concerns around them. David points out that: Pipelines are much safer than many opponents believe—especially compared to trains or tanker trucks Developers need to think of First Nations as another level of government—this should be a first-priority item when planning a project Understanding how to navigate the regulatory process is extremely important—there’s no substitute for world-class research
Union of B.C. Municipalities Push for Campaign Finance and Lobbying Reform
Blog / October 10, 2017
The Union of British Columbia Municipalities (UBCM) held their annual convention between September 25 and September 28, 2017, discussing several policies and reforms, including election and lobbying reform [...]
British Columbia Overhauling Political Campaign Financing
Blog / September 21, 2017
On September 18, 2017, the NDP Government introduced Bill 3-2017 Election Amendment Act, 2017, aiming to reform British Columbia's maligned image as the Wild West of political donations. Unlike other [...]
Five Mining Policy Areas to Watch under BC's New Government
Articles / September 05, 2017
David Bursey and Sharon Singh write in the law column in Canadian Mining Journal on five policy areas to watch under British Columbia’s new provincial government. The five areas are worth watching are: Greater involvement by aboriginal communities in decision-making New project approvals processes Strengthening the regulatory regime Review of the fiscal measures and the tax burden Building physical and social infrastructure
David Bursey and Sharon Singh in Canadian Mining Journal
In The News / September 05, 2017
David Bursey and Sharon Singh write in the law column in Canadian Mining Journal on five policy areas to watch under British Columbia’s new provincial government. The five areas are worth watching are: Greater involvement by aboriginal communities in decision-making New project approvals processes Strengthening the regulatory regime Review of the fiscal measures and the tax burden Building physical and social infrastructure
Lobbying in British Columbia—Change is Coming
Blog / August 02, 2017
With the New Democratic Party (NDP) forming British Columbia's next government, lobbying regulation in British Columbia is about to change. The 2017 Confidence and Supply Agreement between the B.C. Green [...]
The National Energy Board's Role in Crown Consultation
Blog / July 27, 2017
On July 26, 2017, the Supreme Court released two seminal decisions that clarify the role of administrative tribunals, such as the National Energy Board ("NEB"), in fulfilling the Crown’s duty to consult [...]
Vancouver City Council Contemplates Strategies to Reduce Single-Use Waste
Blog / July 10, 2017
On June 27, 2017, City of Vancouver Staff updated City Council on new strategies to reduce single-use items like disposable cups, plastic and paper shopping bags, foam food packaging and take-out containers. [...]
Canadian Government's Proposal to Reform Canada's Environmental Assessment and Regulatory Regime
Blog / July 04, 2017
On June 29, 2017, the federal government released a discussion paper entitled "Environmental and Regulatory Reviews" ("Discussion Paper"), which proposes broad changes to the federal environmental assessment [...]
Proposed Oil Tanker Moratorium Act - A Brief Look at the History of the Moratorium
Articles / June 19, 2017
On 12 May 2017, the Government of Canada introduced Bill C-48, the proposed Oil Tanker Moratorium Act, in Parliament. This initiative follows up on the launch of the national Oceans Protection Plan in November 2016 and fulfils the Prime Minister’s commitment to formalize a crude oil tanker moratorium on British Columbia’s north coast. The broader plan aims to “improve marine safety and responsible shipping; protect Canada’s marine environment; and create new partnerships with Indigenous and coastal communities”. Published in Energy Regulation Quarterly, Vol. 5, Issue 2.
Proposed Oil Tanker Moratorium Act—Defining Canada's Pacific Gateway
Updates / May 23, 2017
On 12 May 2017, the Government of Canada introduced Bill C-48, the proposed Oil Tanker Moratorium Act, in Parliament. This initiative follows up on the launch of the national Oceans Protection Plan in November 2016, and fulfils the Prime Minister’s commitment to formalize a crude oil tanker moratorium on British Columbia’s north coast. The broader plan aims to "improve marine safety and responsible shipping; protect Canada’s marine environment; and create new partnerships with Indigenous and coastal communities".
Transparency Initiatives in the Extractive Sector: ESTMA Reporting Deadline Approaching in Canada and Setbacks in the United States
Blog / May 18, 2017
The May 30, 2017, reporting deadline under the Extractive Sector Transparency Measures Act (ESTMA) is fast approaching. This annual reporting deadline under ESTMA applies to entities that: are listed [...]
David Bursey on MOU Between Métis Nation of Ontario and Ottawa
In The News / March 03, 2017
David Bursey comments in The Lawyers Weekly on the Métis Nation of Ontario signing a Memorandum of Understanding (MOU) to advance reconciliation with the federal government that could lead to a historic land settlement. Métis Nation of Ontario, Ottawa sign memo of understanding
David Bursey in The Lawyers Weekly on Specific Claims Tribunal Award
In The News / January 27, 2017
David Bursey comments in The Lawyers Weekly on the Specific Claims Tribunal Canada awarding a Saskatchewan First Nations band $4.5 million as compensation for retaliatory action taken in the late 19th century by the federal government under Prime Minister John A. MacDonald. First Nation award called ‘precedent setting’
Mineral Exploration Roundup 2017 Conference
Speaking Engagements / January 23, 2017
David was a member of the Legal Panel on Aboriginal Rights discussing contemporary and emerging aboriginal law issues in Canada related to mineral exploration and development hosted by the Association for Mineral Exploration of British Columbia.
David Bursey and Sharon Singh in Canadian Mining Journal
In The News / December 19, 2016
David Bursey and Sharon Singh write December's Law column in Canadian Mining Journal on managing environmental risk in British Columbia. David and Sharon look at how the province is changing how it monitors and enforces the regulatory compliance of projects in its resource sector. The changes follow the May 2016 release of the auditor general of B.C.'s audit report on the Ministry of Energy and Mines’ and the Ministry of Environment’s compliance and enforcement activities in the mining sector. Managing Environmental Risk British Columbia
David Bursey and Sharon Singh in Canadian Mining Journal
Speaking Engagements / December 19, 2016
David Bursey and Sharon Singh write December's Law column in Canadian Mining Journal on managing environmental risk in British Columbia. David and Sharon look at how the province is changing how it monitors and enforces the regulatory compliance of projects in its resource sector. The changes follow the May 2016 release of the auditor general of B.C.'s audit report on the Ministry of Energy and Mines’ and the Ministry of Environment’s compliance and enforcement activities in the mining sector. Managing Environmental Risk British Columbia
Managing Environmental Risk in British Columbia
Articles / December 01, 2016
British Columbia is changing how it monitors and enforces the regulatory compliance of projects in its resource sector. The changes follow the May 2016 release of the auditor general of British Columbia’s (AG) audit report on the Ministry of Energy and Mines’ (MEM) and the Ministry of Environment’s (MOE) compliance and enforcement activities in the mining sector. Published in Canadian Mining Journal.
David Bursey on Cover of Lexpert Special Edition on Mining
In The News / September 26, 2016
David Bursey appears on the cover of Lexpert's special edition on mining, which profiles the leading Canadian lawyers in global mining. David also comments in one of the featured stories on social licence to operate and its impact on the mining sector. “One of the challenges of social licence, since it is by definition outside of the legal framework, is there is no mechanism to know when you have achieved social licence to operate . . . when you talk about social licence you are moving away from that process. If opponents have a loud voice and don’t like the results you have achieved through an environmental assessment and then they can frustrate a project, then you are frustrating your ability to move in a rational and democratic way.”
21 Bennett Jones Infrastructure Lawyers Canadian Leaders
In The News / August 26, 2016
21 Bennett Jones lawyers have been ranked in Lexpert's special edition on Canada's Leading Infrastructure Lawyers. Bennett Jones has broad and deep experience sectorally and geographically in Canadian public infrastructure projects and has acted on over 40 major infrastructure projects across Canada and internationally in the past 10 years.
Federal Court of Appeal: Government Failed to Adequately Consult with First Nations on Northern Gateway
Updates / July 25, 2016
On June 23, 2016, the Federal Court of Appeal delivered the Northern Gateway Project another procedural setback in its decision on Gitxaala Nation v Canada (2016 FCA 187). In a 2-to-1 split decision, the court overturned the federal Cabinet's June 2014 approval of Enbridge’s Northern Gateway Pipeline. The majority of the court thought the government’s aboriginal consultation framework was inadequate - "fell well short of the mark". The dissenting judge disagreed.
David Bursey in Lexpert on Reconciliation Time
In The News / June 22, 2016
David Bursey comments in a Lexpert feature story on how Aboriginal groups now have the leverage to resolve land claims and other issues—and why direct, good-faith negotiations can help avoid lengthy regulatory and court battles.
Bennett Jones on Daniels v Canada in Mineral Law Newsletter
In The News / June 07, 2016
David Bursey, Shawn Munro, Mike Theroux, Laura Gill and Jennifer Asquin write on the Supreme Court of Canada’s decision in Daniels v. Canada in the Rocky Mountain Mineral Law Foundation's Mineral Law Newsletter. The unanimous Daniels judgment declared that non-status Indians and Métis are Indians for the purpose of section 91(24) of the Constitution Act, 1867, and should be provided with the same level of access to federal programs and benefits available to status Indians.
Non-status Indians and Métis are "Indians" under the Canadian Constitution and Subject to Federal Jurisdiction
Articles / June 06, 2016
David Bursey, "Non-status Indians and Métis are "Indians" under the Canadian Constitution and Subject to Federal Jurisdiction", Rocky Mountain Mineral Law Foundation, Mineral Law Newsletter, Vol. 33, No. 2 (2016).
David Bursey on Social Licence in The Canadian Press
In The News / May 20, 2016
David Bursey comments in The Canadian Press on what the term social licence means—and what it doesn't—when it comes to resource projects and development in Canada.
All Aboriginal Peoples: SCC Rules Non-Status Indians and Métis are Indians under the Constitution
Blog / April 15, 2016
Yesterday, the Supreme Court of Canada issued a unanimous decision in Daniels v Canada (Indian Affairs and Northern Development), 2016 SCC 12 declaring that non-status Indians and Métis are Indians under [...]
The Nenqay Deni Accord: The People's Accord - Framework to Break New Ground by Reconciling the Past
Blog / March 16, 2016
The next step in the Tsilhqot'in Nation's journey to self-government was taken on February 11, 2016, when the Tsilhqot'in Nation and the Province of British Columbia signed the Nenqay Deni Accord: The [...]
Northern Gateway: British Columbia must Issue its Own Approval and Consult with First Nations
Blog / February 22, 2016
In Coastal First Nations v British Columbia (Environment), 2016 BCSC 34, the Court decided British Columbia must issue its own environmental decision and consult First Nations on the Northern Gateway [...]
Northern Gateway: BC Supreme Court Rules that British Columbia Must Issue its Own EA Decision and Consult First Nations
Updates / February 09, 2016
In Coastal First Nations v British Columbia (Environment), 2016 BCSC 34, the court decided British Columbia must issue its own environmental decision and consult First Nations on the Northern Gateway Project (NGP), instead of deferring to the federal review and consultation. This decision has profound implications for reconciling provincial and federal jurisdiction over the environmental review of interprovincial projects, and the related Crown duty to consult affected First Nations. While the decision casts more uncertainty over the NGP, it also affects any resource development project that involves a harmonized federal/provincial review.
David Bursey on New Ground in Aboriginal Law
In The News / January 04, 2016
David Bursey comments in InHouse magazine on the implications of Supreme Court of Canada decisions that allow First Nations to pursue claims of adverse impacts to Aboriginal title against private parties prior to actually proving title. This could have a significant impact on private companies.
David Bursey on Recent Duty to Consult Case
In The News / January 04, 2016
David Bursey comments on a recent Ontario Divisional Court decision on the awarding of costs for private interests and the Crown when duty to consult cases end in settlement with First Nations groups.
Rethinking Social Licence to Operate - A Concept in Search of Definition and Boundaries
Articles / June 01, 2015
The term "social licence to operate" (SLO) arises frequently in discussions about resource development projects. This article examines the evolution of SLO in the approval of resource development projects and its recent rise in popular use. It then considers how the concept relates to political governance and law. Finally, it assesses the implications of how SLO is being applied – for good and for bad, but most often without a proper context. Published in Volume 7, Issue 2 of Environment and Energy Bulletin by the Business Council of British Columbia.
Bennett Jones Receives Top Honours in Four Practice Areas by Chambers Global Rankings
Announcements / March 18, 2015
The 2015 Chambers Global Rankings have been published and once again Bennett Jones LLP remains one of the top ranked law firms in the country, with 18 rankings out of 28 categories and 60 individually ranked lawyers.
Aboriginal Law, Environmental Law & Resource Development
Speaking Engagements / December 03, 2014
David Bursey co-presents, "Challenges: Core Issues/New Opportunities" at the Aboriginal Law, Environmental Law & Resource Development Conference, SFU Harbour Centre, Vancouver, BC.
BC LNG Tax Regime: Rate Concessions and New Tax Credit but Uncertainty Remains
Updates / October 24, 2014
On October 21, 2014, the British Columbia government introduced Bill 6, the Liquefied Natural Gas Income Tax Act (LNGITA). Bill 6 is the legislative framework for the tax regime announced in the 2014 British Columbia budget. The LNGITA has important implications for the development of LNG facilities in British Columbia and its owners, operators and customers. The regime proposes a two-tier tax on income derived from liquefaction activities at liquefied natural gas (LNG) facilities in British Columbia starting in 2017. The regime applies a 1.5-percent tax on net income (as defined for LNG tax purposes) prior to the recovery of operating losses and capital investments and a 3.5-percent tax on net income (increasing to five percent in 2037) after recovery of those costs, with a credit for taxes paid in the first bracket. These rates represent a decrease from the seven-percent tax rate proposed in the 2014 British Columbia budget, which together with a new corporate income tax credit for qualifying taxpayers, appear to be a concession by the government that the originally proposed tax was too costly given the investment risks for project developers. Nonetheless, considerable uncertainty in the application of the tax remains, especially in the calculation of net income based on deemed purchase and sale rules using transfer pricing principles and careful consideration of these will be required.
BC Supreme Court Stresses "Polluter Pays" in Awarding Damages for Remediation of Contaminated Site
Blog / October 03, 2014
The BC Supreme Court recently clarified several principles under the Environmental Management Act relating to liability for remediation costs for contaminated sites. In JI Properties Inc. v PPG Architectural [...]
Bennett Jones Welcomes David Bursey as Partner in Vancouver Office
Announcements / September 26, 2014
(Vancouver, BC) Bennett Jones LLP is pleased to announce that David Bursey has joined the firm as a partner to the Energy practice in our Vancouver office. Mr. Bursey is widely acknowledged as one of Canada's leading regulatory, energy and natural resource lawyers, and is recognized nationally and internationally in Chambers Global, the Canadian Legal Lexpert Directory, Best Lawyers in Canada and Martindale-Hubbell.
The Significance and Implications of the Tsilhqot'in Decision
Speaking Engagements / September 26, 2014
David Bursey presents, "The Significance and Implications of the Tsilhqot'in Decision," at Simon Fraser University on behalf of the Affinity Institute.
The Columbia River Treaty: Proposed Changes and the Resulting Legal, Regulatory and Practical Issues
Speaking Engagements / September 22, 2014
David Bursey co-chairs this conference examining the future of the Columbia River Treaty on behalf of Law Seminars International. The Columbia River Treaty, which has governed hydroelectric development, water storage, and flood control in the Columbia River Basin for the past half-century, is widely regarded as one of the most successful resource-use treaties in history. But 2014 marks a turning point because either the United States or Canada may now request termination of the Treaty. Already, recommendations concerning whether to terminate, modify, or amend the treaty have been developed in both British Columbia and the Pacific Northwest. Whether and how these recommendations are carried out will affect the economy and environment of everyone in the region for decades to come. In particular, treaty negotiations will have long-lasting consequences for hydroelectric power producers and electric consumers, irrigators, communities up and down the river valley that are affected by flood control, fisheries, the environment, river navigation, Native Americans and First Nations, and water-borne recreation. LSI's Columbia River Treaty Conference will bring experts from both sides of the border to discuss the history of the treaty, perspectives from both sides of the border, the recommendations from both the U.S. Pacific Northwest and British Columbia, how these recommendations may affect future treaty negotiations, and the consequences for affected interest groups ranging from flood-prone communities to fisheries to electricity consumers.
David Bursey Quoted in Lexpert Magazine on Burnaby Threat to Withhold Emergency Services in Event of Oil Spill
In The News / July 04, 2014
David Bursey is quoted in the story "Pipeline Anger Mounts" found in the July/August 2014 edition of Lexpert.
Policy Challenges Affecting LNG Investment in BC
Articles / July 02, 2014
More than a dozen liquefied natural gas (LNG) projects are currently proposed for the British Columbia coast, competing for long-term supply contracts in Asia Pacific markets, but only a few are expected to be built. The race to reach final investment decisions to capture the opportunity depends on aligning regulatory authorizations, customers, labour, infrastructure and financing in time to justify a multibillion-dollar bet. Written by David Bursey and Matthew Keen and published in the Mining and Energy section of Business in Vancouver.
David Bursey Quoted on Tsilhqot'in v British Columbia Decision
In The News / July 02, 2014
David Bursey is quoted in the Vancouver Sun, National Post and Times Coloniston the recent Tsilhqot'in v British Columbia decision.
David Bursey Discusses Building Relationships Between Business and First Nations in the Financial Post
In The News / June 16, 2014
In the Financial Post article, "The Elephant in the Room: First Nations Issues," David Bursey discusses building First Nation relationships prior to project applications.
Northern Regions Mining Summit 2014
Speaking Engagements / May 28, 2014
David Bursey presents at the Northern Regions Mining Summit in Vancouver, BC.
David Bursey Interviewed on Burnaby's Right to Deny Emergency Services in Canadian Lawyer
In The News / May 15, 2014
In the online edition of Canadian Lawyer, David Bursey is quoted in the article, " Burnaby's Right to Deny Emergency Services in Oil Spill ‘Doubtful'."
David Bursey Discusses LNG Project Challenges in Lexpert
In The News / May 06, 2014
In the Lexpert article, "Western Firms Jockey for LNG," David Bursey talks about the challenges LNG projects will face in British Columbia.
The Precautionary Approach in Canadian Environmental Law — Building Social License
Articles / January 01, 2014
Government decision-makers often struggle with how to make decisions in the face of scientific uncertainty, especially in the context of environmental assessments of large-scale resource projects. Public expectations are high when the protection of the environment is in question, and the perception of risk is usually fuelled by prevailing social culture and other values, more than the objective science.1 The social acceptance of decisions will ultimately be based on how well government agencies reconcile the public perceptions of risk with the available science. Published in the 2014 Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada by Thomson Reuters Canada Limited.
Aboriginal Rights in Canada: Doing Business with the Third Order of Government
Articles / January 01, 2012
The enactment of section 35 of the Constitution Act, 1982 had far-reaching structural significance. It confirmed the status of Aboriginal peoples as partners in the complex federal arrangements that make up Canada. It provided the basis for recognizing Aboriginal governments as one of three distinct orders of government in Canada: Aboriginal, provincial and federal. The governments making up these three orders share the sovereign powers of Canada as a whole, powers that represent a pooling of existing sovereignties.
Canadian Environmental Law
Articles / January 01, 2012
David Bursey, Shelley O'Callaghan, Max Collett, and Matt Keen, "Canadian Environmental Law", Practical Law Multi-jurisdictional Guide 2011/12.
Managing Water, Fish and Power – Trends in Environmental Regulation of Hydropower Projects
Speaking Engagements / October 03, 2009
David Bursey presents with co-authors Jana McLean and Robin Longe, "Managing Water, Fish and Power – Trends in Environmental Regulation of Hydropower Projects" at the Canadian Dam Association 2009 Annual Conference in Whistler, British Columbia.
Canadian Technical Report of Fisheries and Aquatic Sciences 2614
Articles / June 01, 2004
David Bursey authored, "Fisheries Act Decision-making under Conditions of Scientific Uncertainty– acceptable levels of risk and uncertainty for hydro-electric projects" as part of Canadian Electricity Association and Department of Fisheries and Oceans Canada – Science Workshop Proceedings: Setting Research Priorities on Hydroelectricity and Fish or Fish Habitat.
Fisheries Act Decision-Making Under Conditions of Scientific Uncertainty – Acceptable Levels of Risk and Uncertainty for Hydro-Projects
Speaking Engagements / June 01, 2004
David Bursey presents, "Fisheries Act Decision-Making Under Conditions of Scientific Uncertainty – Acceptable Levels of Risk and Uncertainty for Hydro-projects" at the Canadian Electricity Association/Fisheries and Oceans Canada Science Workshop Proceedings; Setting Research Priorities on Hydroelectricity and Fish or Fish Habitat, St. John's, Newfoundland. Published in the Canadian Technical Report of Fisheries and Aquatic Sciences 2614, (2005).
Compensation and Native Title Rights in Australia and Aboriginal Rights in Canada: An Overview
Articles / December 01, 2001
David Bursey, Robyn Glindemann and Billy Garton, "Compensation and Native Title Rights in Australia and Aboriginal Rights in Canada: An Overview", The Australian Mining and Petroleum Law Journal, Vol. 20, Number 3, December 2001.