Industry Newsfeed

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

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

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

Canadian LNG: Kicking the Can Down the Road

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Courtesy of Stikeman Elliott. View original article here.  The dream of creating a globally significant Canadian LNG industry, initially based on the West Coast of BC, effectively died in July 2017, at least for the immediate future. But like the global LNG business itself, we may be better served by judging Canada’s LNG prospects over… [Read More…] about Canadian LNG: Kicking the Can Down the Road

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

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