Industry Newsfeed

Indigenous Peoples’ Ownership of Energy Projects

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Courtesy of Stikeman Elliott. View original post here. Federal and provincial governments are required to consult with and accommodate Indigenous peoples whose rights may be affected by proposed energy projects. These requirements have led to the now standard practice of developers entering into benefit agreements with Indigenous communities for the supply of some of the… [Read More…] about Indigenous Peoples’ Ownership of Energy Projects

New NERC Directive Emphasizes Cyber Planning and Reporting for Electrical Energy Sector

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Courtesy of Blakes. View original article here. The North American Electric Reliability Corp. (NERC) recently adopted the Cyber Security – Incident Reporting and Response Planning CIP-008-6 directive (Directive), which creates new cybersecurity incident reporting obligations for bulk electric systems (BES) categorized as high or medium impact in North America. The Directive also emphasizes the importance of cyber… [Read More…] about New NERC Directive Emphasizes Cyber Planning and Reporting for Electrical Energy Sector

From Environmental Assessments to Impact Assessments: New Federal Impact Assessment Act Coming Into Force Soon

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Courtesy of McCarthy Tetrault. View original article here. On August 28, 2019, the Impact Assessment Act (the “IAA”) will come into force and replace the Canadian Environmental Assessment Act, 2012 (“CEAA 2012”). We have previously written about the IAA and the changes that it will bring to the environmental assessment (now impact assessment) process in Canada. The projects and activities that will be… [Read More…] about From Environmental Assessments to Impact Assessments: New Federal Impact Assessment Act Coming Into Force Soon

Where is Canada on Climate Change Disclosure? More Guidance; But Old Rules

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Courtesy of Osler. View original article here. Demands for better reporting on climate change risks and opportunities by investors and the public have been increasing, prompting the Canadian Securities Administrators in March 2017 to launch a climate change disclosure review. One result of that review was the issuance on August 1, 2019 of CSA Staff Notice… [Read More…] about Where is Canada on Climate Change Disclosure? More Guidance; But Old Rules

Federal Overhaul of Environmental Laws to Take Effect August 28, 2019

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Courtesy of Blakes. View original article here. The federal government’s long-awaited overhaul of key environmental laws (Bill C-69, which implements the new Impact Assessment Act, the Canadian Energy Regulator Act and the Canadian Navigable Waters Act and related regulations) will take effect on August 28, 2019. The Impact Assessment Act will replace the Canadian Environmental Assessment Act, 2012, (CEAA 2012) overhauling the federal environmental… [Read More…] about Federal Overhaul of Environmental Laws to Take Effect August 28, 2019

National Energy Board refuses to assert jurisdiction over the Coastal GasLink Pipeline Project

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Courtesy of Osler. View original article here. The National Energy Board (NEB) has refused to assert jurisdiction over the Coastal GasLink Pipeline Project (the CGL Pipeline), providing important clarity for the largest energy project in Canadian history and upholding the rule of law in Canada. Background The CGL Pipeline is an approximately 670 kilometre, 48-inch… [Read More…] about National Energy Board refuses to assert jurisdiction over the Coastal GasLink Pipeline Project

Meeting the Minimum (National) Standards: Ontario Court of Appeal Upholds Constitutionality of Federal Carbon Pricing Backstop

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Courtesy of McCarthy Tetrault. View original article here. Meeting the Minimum (National) Standards: Ontario Court of Appeal Upholds Constitutionality of Federal Carbon Pricing Backstop The majority of the Ontario Court of Appeal ruled on June 28, 2019 that the federal Greenhouse Gas Pollution Pricing Act (the Act or GGPPA) is constitutional. In particular, the Court of Appeal… [Read More…] about Meeting the Minimum (National) Standards: Ontario Court of Appeal Upholds Constitutionality of Federal Carbon Pricing Backstop

Ontario Court of Appeal Upholds Constitutionality of Federal Carbon Pricing Regime

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Courtesy of Osler. View original article here. Introduction On June 28, 2019, the Ontario Court of Appeal rendered its advisory opinion regarding the constitutional validity of the Greenhouse Gas Pollution Pricing Act (the GGPPA) — colloquially known as the federal “carbon tax.” In a 4-1 decision, the majority held that the GGPPA is constitutional. The Ontario government has said… [Read More…] about Ontario Court of Appeal Upholds Constitutionality of Federal Carbon Pricing Regime

Impact Assessment Act

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Courtesy of McCarthy Tetrault. View original article here. On June 21, 2019, Bill C-69, which includes the Impact Assessment Act (“IAA”), new federal legislation governing environmental assessments at the federal level, received Royal Assent. The IAA is not yet in force. In February 2018, we wrote an overview of the IAA and the way that it differed from the… [Read More…] about Impact Assessment Act

Timelines, Completion Risk and Federal Project Reviews

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Courtesy of Stikeman Elliott. View original article here. How significant are the delays in obtaining federal approvals for proposed energy projects in Canada? And what are the completion risks that result from these delays? Traditionally the declaratory policy of the Canadian federal government, key provinces and peer jurisdictions has been to complete project reviews in 24… [Read More…] about Timelines, Completion Risk and Federal Project Reviews