Industry Newsfeed

A Steady Judicial Tune Resonates Uncertainty: Federal Court of Appeal Orders Canada to Re-Consult on Trans Mountain Pipeline Expansion Project Approvals

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Courtesy of Stikeman Elliott. View original article here. Canada once again faces uncertainty in relation to the Trans Mountain pipeline expansion project (TMX), which itself is a harbinger of the continued unpredictability surrounding the state of Canada’s regulatory landscape for major energy infrastructure projects as a whole. This latest installment in uncertainty arises due to the recent… [Read More…] about A Steady Judicial Tune Resonates Uncertainty: Federal Court of Appeal Orders Canada to Re-Consult on Trans Mountain Pipeline Expansion Project Approvals

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

Ontario Government Winds Down Cap & Trade Program and Overhauls Approach to Climate Change

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Courtesy of McCarthy Tetrault. View original article here. On July 25, 2018, the newly formed Ontario Government introduced Bill 4, the Cap and Trade Cancellation Act, 2018 (the “new Act”), which repeals the Climate Change Mitigation and Low-carbon Economy Act, 2016 (the “old Act”) and provides for the wind-down of the province’s cap and trade program[1]. The new Act also… [Read More…] about Ontario Government Winds Down Cap & Trade Program and Overhauls Approach to Climate Change

To Remediate or Not to Remediate: Alberta Introduces Amendments to Provincial Remediation Certificate Program

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Courtesy of McCarthy Tetrault. View original article here. Following stakeholder review and consultation, the Government of Alberta passed the Remediation Certificate Amendment Regulation by Order in Council on June 1, 2018. The Regulation, which will come into force on January 1, 2019, updates the current Remediation Certificate Regulation and re-names it the Remediation Regulation (the Regulation). Section 117 of the Environmental Protection… [Read More…] about To Remediate or Not to Remediate: Alberta Introduces Amendments to Provincial Remediation Certificate Program

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

Falling Markets and Canadian Exits Illustrate Transaction Activity in the Oil and Gas Sector

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Courtesy of Stikeman Elliott. View original article here. The following is an adapted summary of data provided in Stikeman Elliott LLP’s Canadian Oil & Gas 2017 Annual Review. Overview 2017 was another turbulent year in the oil and gas sector. The regulatory and economic climates for oil and gas continued to shift quickly throughout the… [Read More…] about Falling Markets and Canadian Exits Illustrate Transaction Activity in the Oil and Gas Sector

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