Regulatory

Rounding Out the Climate Plan: Manitoba Supplements Carbon Levy with Proposed Output-based Carbon Pricing System for Large Emitters

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Courtesy of McCarthy Tetrault. View original article here. Manitoba recently released its Draft Regulatory Framework for a Made-in-Manitoba Output-based Pricing System (the Draft OBPS Framework), which meets the commitment made by the Manitoba government in its 2017 Made-in-Manitoba Climate and Green Plan to develop an output-based pricing system (OBPS) for large industrial emitters. The Draft OBPS Framework follows the… [Read More…] about Rounding Out the Climate Plan: Manitoba Supplements Carbon Levy with Proposed Output-based Carbon Pricing System for Large Emitters

Federal Energy Project Reviews: Timelines in Practice

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Courtesy of Stikeman Elliott. View original article here In recent years the timelines to complete Canadian regulatory reviews of proposed major projects – and particularly environmental assessments which are the key part of the project review process – have become a major political issue. Over the last decade or so, project proponents have consistently raised… [Read More…] about Federal Energy Project Reviews: Timelines in Practice

Taking a Closer Look at the Implications of Ontario’s Announcement to Cancel its Cap-and-Trade Program

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Courtesy of McCarthy Tetrault. View original article here. As promised during the election campaign, Ontario Premier-Designate Doug Ford announced that Ontario’s incoming government would dismantle the greenhouse gas (GHG) emission trading system, which has been in force in Ontario since January 1, 2017. In a press release issued on June 15, 2018, Mr. Ford indicated that his… [Read More…] about Taking a Closer Look at the Implications of Ontario’s Announcement to Cancel its Cap-and-Trade Program

Gross Overriding Royalty as Interest in Land – the Clear Language Conundrum Continues

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Courtesy of Borden Ladner Gervais. View original article here. In 2002 the Supreme Court of Canada, in Bank of Montreal v Dynex Petroleum Ltd, 2002 SCC 7 (Dynex) affirmed that gross overriding royalty interests (GOR) could constitute interest in land provided the parties so intended and that intention was sufficiently evidenced in an agreement. The case-by-case application of Dynex appears to… [Read More…] about Gross Overriding Royalty as Interest in Land – the Clear Language Conundrum Continues

Operators Take Note: Stricter Liability Management Regime is Proposed in British Columbia

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Courtesy of Stikeman Elliott. View original article here. A stricter oil and gas liability management regime may soon be in effect in British Columbia. The BC government recently introduced Bill 15 (the “Bill”) in response to the growing number of oil and gas sites in BC with insolvent operators (“Orphan Sites”). The abandonment and restoration… [Read More…] about Operators Take Note: Stricter Liability Management Regime is Proposed in British Columbia

Target 2030 and Beyond: BC Government Unveils Legislation to Update Greenhouse Gas Reduction Targets

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Courtesy of McCarthy Tetrault. View original article here. On May 7, 2018, the BC government unveiled Bill 34, the Greenhouse Gas Reduction Targets Amendment Act, 2018, which updates the province’s greenhouse gas (GHG) emissions reduction targets. The bill repeals the Greenhouse Gas Reduction Targets Act (GGRTA), passed by the former Liberal government in 2007, and replaces it with… [Read More…] about Target 2030 and Beyond: BC Government Unveils Legislation to Update Greenhouse Gas Reduction Targets

Carbon and Greenhouse Gas Legislation Across Canada

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Courtesy of Osler. View original article here. Canada is establishing a unique, two-tiered approach to climate change regulation. At the federal level, there is a proposed national carbon pricing policy which sets a minimum price on greenhouse gas emissions throughout Canada. This is supplemented by several provincial initiatives, which have established various mechanisms to tax,… [Read More…] about Carbon and Greenhouse Gas Legislation Across Canada

Alberta Electric System Operator launches Rounds 2 and 3 of Renewable Electricity Program

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Courtesty of Osler. View original article here. On March 29, 2018, the Alberta Electric System Operator (AESO) launched Rounds 2 and 3 of its Renewable Electricity Program (REP). The REP is intended to incentivize the development of renewable energy projects in Alberta through a series of competitive processes aimed at adding 5,000 megawatts (MW) of… [Read More…] about Alberta Electric System Operator launches Rounds 2 and 3 of Renewable Electricity Program

Market Manipulation in Ontario’s Electricity Sector: Regulatory Responses

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Courtesy of Stikeman Elliott. View original article here. Stikeman Elliott recently contributed a chapter on “Compliance and Enforcement in the Ontario Electricity Sector” to The Guide to Energy Market Manipulation, a publication of the Global Competition Review. The chapter assesses how compliance and enforcement regimes and practices – including those aimed at addressing market manipulation in Ontario’s wholesale… [Read More…] about Market Manipulation in Ontario’s Electricity Sector: Regulatory Responses

Royalties are an Interest in Land (But can they be vested out? Stay tuned.)

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Courtesy of Stikeman Elliott. View original article here. In a recent decision, the Ontario Court of Appeal determined that gross overriding royalties on certain Ontario mining claims constituted interests in land, finding that a right to enter and explore land is not a necessary incident of an interest in land. However, the court left for… [Read More…] about Royalties are an Interest in Land (But can they be vested out? Stay tuned.)