Regulatory

As Foreign Investment Leaves, Canadian Ownership Grows

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Courtesy of Stikeman Elliott. View original article here. For the past 70 years, there has been substantial foreign investment in Canadian upstream oil and gas. In part, this is because only 20 per cent of the world’s oil reserves are open to private development and half of those reserves are in Canada. But foreign investment… [Read More…] about As Foreign Investment Leaves, Canadian Ownership Grows

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

Judicial Blueprint for Aboriginal Consultation

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Courtesy of Stikeman Elliott. View original article here. Although many major projects have failed to progress due to unsuccessful Aboriginal consultation efforts, recent court cases on the Site C dam in BC have at last provided clear guidance for carrying out a successful Aboriginal consultation process. Among the (many) struggles endured by project developers in… [Read More…] about Judicial Blueprint for Aboriginal Consultation

The Supreme Court Decides the Clyde River and Chippewas of the Thames cases

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Courtesy of Bennett Jones. View original article here. 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 with Indigenous groups. These cases reconcile overlapping aspects of administrative, aboriginal and constitutional law that… [Read More…] about The Supreme Court Decides the Clyde River and Chippewas of the Thames cases

Saskatchewan Court of Appeal Clarifies Priority Rules for Builders’ Liens Arising in Connection with the Recovery of Minerals

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Courtesy of Bennett Jones. View original article here. The Saskatchewan Court of Appeal recently released a landmark decision National Bank of Canada v KNC Holdings Ltd, 2017 SKCA 57 (National Bank) which will significantly affect the priority ranking of certain Saskatchewan builders’ lien claims in insolvency proceedings. In a unanimous decision, the Court overruled a long… [Read More…] about Saskatchewan Court of Appeal Clarifies Priority Rules for Builders’ Liens Arising in Connection with the Recovery of Minerals

Canadian Government’s Proposal to Reform Canada’s Environmental Assessment and Regulatory Regime

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Courtesy of Bennett Jones. View original article here. 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 and regulatory regime, including “a comprehensive suite of changes” to the Canadian Environmental Assessment Act, 2012 (“CEAA 2012”), National Energy Board Act, Fisheries Act and Navigation Protection Act that… [Read More…] about Canadian Government’s Proposal to Reform Canada’s Environmental Assessment and Regulatory Regime

The Year That Was: Five Things About the AER’s 2016/17 Annual Report

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Courtesy of Alberta Energy Regulator. View original post here. Through stories, videos, graphics, and balance sheets, the AER’s 2016/17 annual report  gives Albertans a clear line of sight into its work over the last year and how it did in meeting the targets set out in its strategic plan. Here are five things to watch for… [Read More…] about The Year That Was: Five Things About the AER’s 2016/17 Annual Report

Regulatory Competitiveness of Petrochemical Projects in Alberta

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Courtesy of Bennett Jones. View original article here. On June 6, 2017, Brad Gilmour, Head of the Regulatory Department of Bennett Jones, spoke at the Petrochemical Conference organized by the Canadian Energy Resources Institute. As part of the Executive Panel focusing on the perceptions of industry, Mr. Gilmour discussed the overall regulatory competitiveness of Alberta’s petrochemical projects.… [Read More…] about Regulatory Competitiveness of Petrochemical Projects in Alberta

Amendments To Ontario’s Net Metering Regulations

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Courtesy of Stikeman Elliott. View original article here. On July 1, 2017, amendments to Ontario’s net metering regulations (O. Reg 541/05) come into effect.  As a result of these amendments, it is no longer necessary that equipment be 500 kilowatts or less in rated capacity to be eligible for net metering.  Instead, a renewable energy… [Read More…] about Amendments To Ontario’s Net Metering Regulations

Market Watchdog Provides “No Guidance” on Controversial Offer Behaviour Amid Power Market Changes

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Courtesy of Osler. View original article here. For electricity market participants, the practice of intentionally pricing power generation out of the market to drive price spikes is one of particular interest. This practice – commonly referred to as “economic withholding” – is regarded as illegal in some jurisdictions, but has been accepted as permissible behaviour… [Read More…] about Market Watchdog Provides “No Guidance” on Controversial Offer Behaviour Amid Power Market Changes