Category: Energy – Regulatory

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Alberta’s Power Reform: Implications for Electricity Providers and Consumers

May 1, 2017

A fundamental shift in the structure of Alberta’s electricity market is underway. The provincial government has promised to phase out the current energy-only market and replace it with a capacity market system, to be fully implemented by 2021. The transition was recommended by the Alberta Electric System Operator in its report, Alberta’s Wholesale Electricity Market Transition Recommendation. The change will…

Expert Panel’s Recommendations to Increase the Number, Cost and Timing of Federal Environmental Assessments

April 13, 2017

On April 5, 2017, the federal environmental assessment (EA) expert panel released its report, Building Common Ground: A New Vision for Impact Assessment in Canada. The report recommends broadening the scope of assessments to include environmental, economic, social, cultural and health impacts. Only projects that contribute a net positive benefit to present and future generations would be approved. The report’s recommendations…

Ontario’s First Cap-and-Trade Auction Sells 100 Per Cent of 2017 Allowances

April 5, 2017

The Ontario Ministry of the Environment and Climate Change (MOECC) held the first auction of greenhouse gas (GHG) allowances on March 22, 2017 and published the auction’s results on April 3, 2017. All 2017 allowances were sold at the auction at a settlement price of C$18.08 per tonne of GHG. For further details of the new cap-and-trade legislative measures, please…

Chief Justice Confirms Cross-Examination Principles in Alberta

March 28, 2017

On March 21, 2017, the Court of Queen’s Bench of Alberta ruled against the Alberta government in Alberta (Attorney General) v. ENMAX PPA Management Inc. et al., a controversial legal action brought in 2016 by the provincial government against several former buyers of power purchase arrangements (PPAs). In doing so, the court provided additional guidance to litigants regarding cross-examination principles…

Alberta to Restrict Compliance Options for Large Industrial Emitters: Smart Policy or Government Windfall?

March 21, 2017

On March 3, 2017, Alberta Environment and Parks (AEP) released a policy decision (Decision) affecting industrial facilities (Facilities) that emit more than 100,000 tonnes of greenhouse gas (GHG) per year. The Decision follows the Alberta government’s Climate Leadership Plan (Plan), which was released in November 2015 (see our November 2015 Blakes Bulletin: Just Like Any Good Recipe, Alberta’s Climate Leadership…

Pipeline Opponents Face Significant Obstacles in Securing Injunctive Relief

December 14, 2016

With the federal government recently approving major pipeline projects, it is expected that environmental and other special interest or lobbying groups will commence actions in an attempt to prevent or delay those projects from proceeding, which may include applying for injunctive relief. Those opponents face significant obstacles in obtaining such relief. While the test for an injunction is well settled…

Update on Electricity Rate Relief Program for Ontario Businesses

December 5, 2016

The expansion of Ontario’s Industrial Conservation Initiative (ICI) to provide electricity rate relief to more businesses comes into effect on January 1, 2017. Businesses who want to participate in the expanded ICI program must provide written notice to their electricity provider in order to qualify. In our September 2016 Blakes Bulletin: New Opportunities for Ontario Businesses to Benefit from Electricity…

Ontario Announces Proposal for Cap-and-Trade Offset Credits Protocols

November 21, 2016

On November 15, 2016, Ontario’s Ministry of Environment and Climate Change (MOECC) posted its Offset Credit Regulatory Proposal on the Environmental Registry, where it will be available for comment until December 30, 2016. Offset Credits will increase the compliance options for facilities covered by the cap-and-trade program and they will extend the environmental benefits of greenhouse gas (GHG) mitigation. For…

Details of Alberta’s Renewable Electricity Program: Program to Add 5,000 Megawatts of Capacity by 2030

November 8, 2016

On November 3, 2016, the Alberta government announced its endorsement of the Alberta Electric System Operator’s (AESO) recommendations for the Renewable Electricity Program (REP). The purpose of the REP is to encourage the development of 5,000 megawatts (MW) of renewable electricity generation capacity in Alberta between now and 2030. If accomplished, Alberta’s renewable electricity generation capacity will increase from 11…

A New Arrangement? Alberta Court Requires Shareholder Vote for Acquiring Company in a Plan of Arrangement

October 11, 2016

In a recent Court of Queen’s Bench of Alberta case,  Alberta Oilsands Inc. (Re) (Alberta Oilsands), Justice A. D. Macleod made a surprising decision in the context of a plan of arrangement under the Business Corporations Act of Alberta (ABCA). Justice Macleod held in Alberta Oilsands that shareholders of an acquiring company in a plan of arrangement, at least on…

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