Category: Energy – Regulatory

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AER Seeks to Hold Directors, Officers Personally Liable for Obligations of Insolvent Corporate Licensees

May 9, 2016

The Alberta Energy Regulator (AER) recently released Bulletin 2016-10 (Bulletin), as a reminder to directors and officers of corporate holders of AER oil and gas well licences (Licensees) that they may be personally responsible for the statutory obligations of the Licensee when it enters insolvency proceedings or otherwise ceases operations. The AER’s traditional position has been that the failure of…

OEB Considering Changes to Commercial and Industrial Customers’ Rate Design

April 25, 2016

The Ontario Energy Board (OEB) has published a staff discussion paper, Rate Design for Commercial and Industrial Electricity Customers: Aligning the Interests of Customers and Distributors (Staff Discussion Paper), in which it considers a new rate design that will affect all commercial and industrial customers who receive electricity from a distribution company. Although commercial and industrial customers only account for…

Alberta Budget 2016: Climate Leadership Plan Implementation

April 21, 2016

Alberta’s Climate Leadership Plan (Plan) was released on November 22, 2015. The Plan represented a dramatic and fundamental shift in Alberta’s approach to climate change and greenhouse gas (GHG) issues, including to achieve the government’s stated objective of gaining support and “social licence” for the pipeline takeaway capacity needed to support Alberta’s oil and gas production and export industries. With…

Quebec’s Energy Policy: Ambitious Energy Goals for 2030

April 11, 2016

After extensive public consultations, the Government of Quebec announced Quebec’s energy policy for 2016–2030 (Policy) on April 7, 2016. By focusing on energy efficiency, innovation and renewable energy, the Policy aims to transition towards a low-carbon economy that will help fight climate change. Environmental organizations, businesses and First Nations thus far seem to be in favour of the Policy. The…

Legal Trends 2016: Private Equity

March 31, 2016

ONE | OILPATCH PORTFOLIO MANAGEMENT AND OPPORTUNITIES Between June 2014 and December 2015, the price of a barrel of oil was cut roughly in half, resulting in a significant downturn in the earnings of companies with businesses connected to the oil industry. Private equity (PE) firms with portfolio companies that have operations in or exposure to Alberta and Canada’s energy…

Species at Risk Putting Wind Projects at Risk

March 11, 2016

Ontario’s Environmental Review Tribunal (ERT) has allowed another wind project Renewable Energy Approval (REA) appeal on the basis of environmental concerns. In doing so, it has made findings on the statutory test of “serious and irreversible harm to animal life or the natural environment” with respect to species at risk that could have significant impacts on future renewable energy projects….

Legal Trends 2016: Oil & Gas

March 9, 2016

ONE | LOW COMMODITY PRICES As depressed oil prices continue to dominate the headlines and natural-gas prices hover near record lows, sustained low commodity prices have had a cascading effect on the industry, compelling companies to fundamentally alter their business strategies. Cash-flow management is among the areas most impacted. Without a steady income stream, companies are left with few options….

Ontario Announces Climate Change Mitigation and Low Carbon Economy Act and the Cap-and-Trade Program Regulations

February 26, 2016

The Ontario government (Government) has taken significant steps in its fight against climate change by introducing two significant pieces of climate change legislation: The Climate Change Mitigation and Low Carbon Economy Act (Act) on February 24, 2016 The Cap and Trade Program Regulations (Regulations) on February 25, 2016 BACKGROUND On April 15, 2015, the Government signed an agreement with Quebec…

Viewpoint: The Great Debate, Part I: Canadian Government Announces Review of Federal Environmental Assessment Process

January 29, 2016

In 2012, I wrote an article about the Conservative government’s enactment of CEAA 2012 called “Fixing the Energy Approval Process in Canada.” For people who aren’t involved in environmental assessment (EA) processes, CEAA 2012 is short for the Canadian Environmental Assessment Act, 2012. CEAA 2012 was one of the pieces of federal legislation that became a lightning rod for complaints…

B.C. Has Authority to Impose Conditions on Northern Gateway Pipeline

January 19, 2016

In its recent decision in Coastal First Nations v. British Columbia (Environment), the B.C. Supreme Court (Court) held that the provincial government retains authority to impose conditions on the proposed Northern Gateway Project (Project). As a result, the federal-provincial agreement to proceed with a single environmental assessment of the Project does not mean that federal approval, and the 209 conditions…

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