Category: Environmental

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Quebec Adopts Bill 102, Overhauls Its Environmental Approval Regime

May 24, 2017

On March 23, 2017, the Quebec national assembly adopted Bill 102 to amend the Environment Quality Act (EQA). The Bill will result in significant changes to Quebec’s environmental approval regime. Bill 102 was tabled on June 7, 2016, following the publication of a green paper by Quebec’s Minister of Sustainable Development, Environment and the Fight against Climate Change, David Heurtel,…

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…

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…

B.C. Court of Appeal Denies Class Certification of Environmental Nuisance Claim

February 21, 2017

On February 15, 2017, the B.C. Court of Appeal issued its decision in Baker v. Rendle (Baker) denying class action certification in a case about nuisance claims against industrial operations. Baker lends further weight to the view that private claims by landowners for environmental nuisance are ill suited for resolution by class action. BACKGROUND The defendants obtained a composting facility…

China’s Proposed National Carbon Market and Opportunities for Cooperation with Canada

December 19, 2016

In 2017, China plans to establish a national carbon market (Chinese Carbon Market), which, once in place, will be the largest carbon cap-and-trade scheme in the world, essentially involving all of China’s local provincial governments with oversight and guidance from the Central Government of China. This article provides an outline on how the Chinese Carbon Market is expected to be…

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…

Alberta’s “30 by 30” Renewable Energy Target: Will Wind Energy Projects Now Be Permitted on Public Lands?

September 19, 2016

On September 14, 2016, the Alberta government provided an update regarding its Renewable Electricity Program. In particular, the government confirmed a firm target of 30 per cent electricity from renewable sources by 2030 (30 by 30) and announced that it will support the development of 5,000 megawatts (MWs) of additional renewable energy capacity to help achieve this target. Further details…

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