Courtesy of McCarthy Tetrault. View original article here. In 2004, the Supreme Court of Canada recognized that there is a duty to consult Indigenous groups whenever the Crown is contemplating conduct that could adversely impact asserted or established Aboriginal or treaty rights. Since this time, there have been hundreds of court cases in which Indigenous… [Read More…] about Trans Mountain Decision: Application of Existing Principles or Evolving Standard?
Industry Newsfeed
Moving Along: Updates to Ontario’s Environment Plan
Courtesy of McCarthy Tetrault. View original article here. As reported in a previous blog post, in late 2018 the Ontario government released the Environment Plan: Preserving and Protecting our Environment for Future Generations. This Plan outlined the government’s intended actions and policies for addressing many environment-related issues in Ontario, including the pollution of air, land, and water, the… [Read More…] about Moving Along: Updates to Ontario’s Environment Plan
2018 Top Ten: Regulatory Decisions of Import to the Canadian Energy Industry
Courtesy of Borden Ladner Gervais. View original article here. At the beginning of 2018, our review of the 2017 Canadian regulatory events described them as dramatic, but the 2018 saga turned out to be nothing short of a blockbuster. Pressure built up to a bubble point at the federal and provincial levels of governments, and at the National… [Read More…] about 2018 Top Ten: Regulatory Decisions of Import to the Canadian Energy Industry
Climate Change Litigation Arrives in Canada
Courtesy of Osler. View original article here. In this Update Two recent developments demonstrate that climate change litigation has arrived in Canada: the ENVironnement JEUnesse lawsuit in Québec and the City of Victoria’s endorsement of a class action lawsuit against oil and gas producers for climate-related harms. Oil and gas producers may soon be faced… [Read More…] about Climate Change Litigation Arrives in Canada
12 Minutes with Brad Wall on Energy & Agriculture
Courtesy of Osler. View original article here. Osler Special Advisor Brad Wall says he is “optimistic” about the future prospects of Canada’s energy sector and that we should be “very excited about Canadian agriculture.” In a video interview, Brad, the former Premier of Saskatchewan, discussed a wide range of topics including Canada’s energy and agricultural sectors; navigating… [Read More…] about 12 Minutes with Brad Wall on Energy & Agriculture
In the Crosshairs: Federal Government Finds Itself at the Centre of Rights-based Climate Litigation
Courtesy of McCarthy Tetrault. View original article here. In 2015, the case of Urgenda Foundation v. The State of the Netherlands(Urgenda) broke new ground as the first successful climate change action founded in tort law and the first time a court has determined the absolute minimum emissions reduction target for a developed state. Following the Urgenda decision, a… [Read More…] about In the Crosshairs: Federal Government Finds Itself at the Centre of Rights-based Climate Litigation
2018 Top Ten: Legislative and Policy Changes in the Canadian Energy Industry
Courtesy of Borden Ladner Gervais. View original article here. 2018 saw continuing shifts and uncertainty in legislative and policy developments for the oil and gas industry. On last year’s Top 10 list, found here, we identified several proposed changes to energy regulation across Canada. 2018 further provided us with numerous policy changes, with implications uncertain and… [Read More…] about 2018 Top Ten: Legislative and Policy Changes in the Canadian Energy Industry
The (Carbon) Price is Right
Courtesy of McCarthy Tetrault. View original article here. As the rhetoric on carbon pricing between the federal government and certain provinces ramps up, the Canadian Chamber of Commerce (the Chamber) released a report in December 2018 underscoring the importance of meaningful climate change action guided by public policy committed to reducing greenhouse gas (GHG) emissions… [Read More…] about The (Carbon) Price is Right
A Closer Look: BC Government Releases Draft Legislation for Revitalized Provincial Environmental Assessment Process
Courtesy of McCarthy Tetrault. View original article here. In March 2018, the BC government launched the process for revitalizing the province’s environmental assessment (EA) process. More background information is available in our earlier blog. Following the release of the Discussion Paper in June 2018 and public consultations over the summer, the BC government introduced Bill 51 – 2018 Environmental Assessment… [Read More…] about A Closer Look: BC Government Releases Draft Legislation for Revitalized Provincial Environmental Assessment Process
Alberta’s Renewable Electricity Program Continues to Attract Competitive Interest – Alberta Announces Results of Rounds 2 and 3
Courtesy of Osler. View original article here. On December 17, 2018, the Government of Alberta announced the results of Rounds 2 and 3 of the Alberta Renewable Electricity Program (REP) competition. The REP is intended to encourage the development of 5,000 megawatts (MW) of renewable electricity generation capacity to support Alberta’s goal of producing 30%… [Read More…] about Alberta’s Renewable Electricity Program Continues to Attract Competitive Interest – Alberta Announces Results of Rounds 2 and 3