Tsawwassen Indian Band v. Canada ( Minister of Finance )
T-223-96
Richard J.
19/3/98
44 pp.
Application for judicial review brought by Tsawwassen First Nation for purpose of obtaining various orders-Proceedings arising out of construction of Deltaport Container Terminal at Roberts Bank Port located in Municipality of Delta, British Columbia and opened in 1970-Roberts Bank port facilities administered, managed by Vancouver Port Corporation (VPC)-Board of Directors of VPC giving final approval to Deltaport Container Terminal on November 17, 1992-Canadian Environmental Assessment Act (CEAA) coming into force in January 1995-Project completed, Terminal fully operational by June 1997-Tsawwassen First Nation concerned about adequacy of environmental assessments conducted in respect of developments at Roberts Bank-Claimed that additional development of port will result in further adverse effect on reserve and that environmental, social, economic effects of project of Tsawwassen First Nation not properly assessed-Deltaport Container Terminal not "project" within meaning of CEAA-Provisions of CEAA not applicable-S. 8(1) only provision of Act alluding to possibility of environmental assessment being triggered by Crown corporation, as proponent of project-Unless environmental assessment triggered under s. 8(1), CEAA does not apply, VPC not required to conduct environmental assessment-No regulations adopted under Act, s. 59(j) for purpose of requiring Crown corporations to conduct environmental assessments in relation to project-Minister of Finance not required to conduct environmental assessment under CEAA prior to approving loans from Export Development Corporation to VPC-VPC not required, in circumstances, to conduct "environmental assessment" as defined in CEAA-Not "federal authority" within meaning of CEAA-Application dismissed-Canadian Environmental Assessment Act, S.C. 1992, c. 37, ss. 8(1), 59(j).