McCarthy Tetrault

Federal Government Releases Regulatory Framework for Clean Fuel Standard

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Courtesy of McCarthy Tetrault. View original article here. In November 2016, the federal government announced that it would commence development of a performance-based clean fuel standard (CFS) that would incent the use of a broad range of low carbon fuels, energy sources and technologies. The objective of the CFS is to achieve 30 megatonnes (Mt)… [Read More…] about Federal Government Releases Regulatory Framework for Clean Fuel Standard

No Easy Way Out: BC Utilities Commission Issues Final Report Following Site C Inquiry Process

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Courtesy of McCarthy Tetrault. View original article here. During BC’s provincial election campaign in May 2017, the NDP promised to send the Site C project for review by the BC Utilities Commission (BCUC) if it was elected. Site C, a multi-billion dollar project to construct a third dam and generating station on the Peace River… [Read More…] about No Easy Way Out: BC Utilities Commission Issues Final Report Following Site C Inquiry Process

The Role of Regulatory Tribunals in Aboriginal Consultation

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Courtesy of McCarthy Tetrault. View original article here. On July 26, 2017, the Supreme Court of Canada (SCC) released its decisions in Hamlet of Clyde River, et al. v. Petroleum Geo-Services Inc. (PGS), et al.[1] (Clyde River) and Chippewas of the Thames First Nation v. Enbridge Pipelines Inc., et al.[2] (Chippewas) (together, the Decisions). The Decisions concern the role of… [Read More…] about The Role of Regulatory Tribunals in Aboriginal Consultation

Survey Finds that Indigenous Participation is Driving Clean Energy Growth in Canada

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Courtesy of McCarthy Tetrault. View original article here. A pioneering survey has found that Indigenous participation in Canada’s clean energy economy has grown rapidly over the past 20 years, in all regions of the country. Lumos Clean Energy Advisors (Lumos), an advisor to First Nations, Métis and Inuit communities, undertook a review of national research… [Read More…] about Survey Finds that Indigenous Participation is Driving Clean Energy Growth in Canada

Changing Tack: BC NDP Accelerates Increase in Carbon Tax and Moves Away from Revenue Neutrality

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Courtesy of McCarthy Tetrault. View original article here. BC’s recently sworn-in New Democratic Party (NDP) government presented its first provincial budget on September 11, 2017. Among the policy measures announced were changes to the BC carbon tax. In particular, the Budget 2017 Update (2017/18 – 2019/20) provides for the following: As of April 1, 2018, the carbon… [Read More…] about Changing Tack: BC NDP Accelerates Increase in Carbon Tax and Moves Away from Revenue Neutrality

Taking on the Political Hot Potato of Pipelines: BC’s Attorney General Granted Intervenor Status in Federal Court of Appeal Proceeding Challenging Trans Mountain Pipeline Approvals

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Courtesy of McCarthy Tetrault. View original article here. The proposed Trans Mountain Expansion Project (the Project) involves a $7.4-billion expansion of the Kinder Morgan pipeline stretching from Edmonton to Burnaby, as well as the construction of new works such as pump stations and tanks and the expansion of an existing marine terminal. In December 2016,… [Read More…] about Taking on the Political Hot Potato of Pipelines: BC’s Attorney General Granted Intervenor Status in Federal Court of Appeal Proceeding Challenging Trans Mountain Pipeline Approvals

Failure to Disclose: In Finding Negligent Misrepresentation, BC Supreme Court Holds that Potential Contamination on a Property Gives Rise to Stigma

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Courtesy of McCarthy Tetrault. View original article here. In a recent decision of the BC Supreme Court (the Court), the purchasers of a residential property in Victoria were awarded damages when the Court found that the seller made negligent misrepresentations in the property disclosure statement (PDS) regarding the possible migration of contaminants onto the property.… [Read More…] about Failure to Disclose: In Finding Negligent Misrepresentation, BC Supreme Court Holds that Potential Contamination on a Property Gives Rise to Stigma

From Commitment to Action: New Proposed Regulations to Reduce Emissions in Canada’s Oil and Gas Industry

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Courtesy of McCarthy Tetrault. View original article here. On May 27, 2017, the federal government published the proposed Regulations Respecting Reduction in the Release of Methane and Certain Volatile Organic Compounds (Upstream Oil and Gas Sector)(the Proposed Regulations) in the Canada Gazette Part I. The Proposed Regulations are designed to meet the federal government’s domestic (under… [Read More…] about From Commitment to Action: New Proposed Regulations to Reduce Emissions in Canada’s Oil and Gas Industry

To Regulate or Not to Regulate?

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Courtesy of McCarthy Tetrault. View original article here. BC Environmental Appeal Board Confirms that Provincial and Municipal Laws Designed to Regulate Air Emissions Do Not Impede on Federal Jurisdiction A decision released by the British Columbia Environmental Appeal Board (EAB) on May 12, 2017 has clarified the relationship between federal lands and provincial environmental legislation… [Read More…] about To Regulate or Not to Regulate?

Ontario Cap-and-Trade Update: Auction, Decision and Proposal

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Courtesy of McCarthy Tetrault. View original article here. Quarterly Auction Kick-Off On March 22nd, 2017, the Ontario Government held the first quarterly auction for emission allowances under the Cap-and-Trade Program. As we previously reported, the Ontario Government indicated that it expects to raise $1.9B yearly from the sale of emission allowances. The first auction generated $472,031,155 in proceeds… [Read More…] about Ontario Cap-and-Trade Update: Auction, Decision and Proposal