Category: Oil & Gas

Federal Overhaul of Environmental Laws to Take Effect August 28, 2019: New Impact Assessment Triggers and Other Details Released

August 12, 2019

The federal government’s long-awaited overhaul of key environmental laws (Bill C-69, which implements the new Impact Assessment Act, the Canadian Energy Regulator Act and the Canadian Navigable Waters Act and related regulations) will take effect on August 28, 2019. The Impact Assessment Act will replace the Canadian Environmental Assessment Act, 2012, (CEAA 2012) overhauling the federal environmental assessment (now impact…

Federal Government Passes Controversial Environmental Legislation and Tanker Ban

June 27, 2019

The Government of Canada has enacted two new pieces of environmental legislation, significantly altering the process for federal project approvals in Canada. It has also passed extensive amendments to the rules regarding navigable waters and fish habitat protections that had been previously changed through omnibus legislation in 2012. On June 20, 2019, the Senate passed three bills: Bill C-69, the…

Court of Appeal Unanimously Rules Against B.C. Blocking Trans Mountain Pipeline

May 28, 2019

On May 24, 2019, the British Columbia Court of Appeal decided unanimously that B.C.’s proposed amendments to the Environmental Management Act (Proposed Law) regarding the Trans Mountain expansion project (TMX Project) were unconstitutional. The court’s decision will have important implications for all provincial regulation of any works and undertakings, such as pipelines or railways, that cross provincial boundaries.    BACKGROUND…

Alberta Court Overturns Ministerial Decision on Oil Sands Cost Recovery

March 19, 2019

On judicial review, the Alberta Court of Queen’s Bench overturned a ministerial decision of the Alberta Department of Energy (ADOE) regarding costs incurred by an oil sands project owner in Fort Hills Energy Corporation v. Alberta (Minister of Energy). The case was decided on a standard of reasonableness and is the first to interpret and articulate the underlying policy of…

Canadian Mergers and Acquisitions: FAQs and 2019 Trends

February 6, 2019

The Blakes Canadian Mergers and Acquisitions: FAQs and 2019 Trends answers frequently asked questions regarding the regulation of public M&A in Canada and provides an outlook for what 2019 may hold based on significant developments we observed in the Canadian deal environment.

Supreme Court of Canada Overturns Alberta Court of Appeal in Redwater Decision

January 31, 2019

On January 31, 2019, the Supreme Court of Canada (SCC) released its decision in Orphan Well Association, et. al. v. Grant Thornton Limited, et. al. – a case commonly known as Redwater. The majority overturned the Alberta Court of Appeal’s decision and found that certain sections of the Oil and Gas Conservation Act (OCGA) and Pipeline Act (PA) do not conflict with the scheme of…

Saskatchewan PST Exemption Reinstated for Equipment Used in the Oil and Gas Industry

January 28, 2019

The Saskatchewan Ministry of Finance has reinstated a previously repealed provincial sales tax (PST) exemption on permanently mounted equipment (PME) used in the oil and gas industry. As a retroactive change, PST that had been paid on now-exempt equipment can be claimed back as refunds (as tax paid in error).   BACKGROUND Historically, Order in Council 1436/67 (dated August 16,…

Drones: A New Way Forward

January 9, 2019

Drones, also known as unmanned aerial vehicles (UAVs), dominated the media for all the wrong reasons at the end of 2018. The recent drone-related closures of Gatwick and Heathrow airports have refocused the public’s attention on drone regulation. The Canadian UAV industry has been anxiously awaiting the modernization of the regulation of UAV operations within visual line-of-sight (VLOS). While draft…

Selected Tax Measures from the 2018 Fall Economic Statement: Changes for Capital Assets, Canadian Journalism

November 22, 2018

On November 21, 2018, Canada’s Finance Minister Bill Morneau presented the federal government’s Fall Economic Statement (Statement), which includes significant tax changes that take effect immediately. This bulletin highlights two tax measures included in the Statement: changes to Canadian tax depreciation rates for new investments in capital assets, and measures designed to support Canadian journalism. ACCELERATED TAX DEPRECIATION FOR NEW…

Canada Details Federal Carbon Pricing System in Face of Increasing Opposition

October 26, 2018

On October 23, 2018, the Government of Canada announced additional details regarding the federal carbon pricing system and published draft regulations amending the Greenhouse Gas Pollution Pricing Act (Act). A federal fuel charge of C$20 per tonne of carbon emissions will come into effect in Manitoba, New Brunswick, Ontario and Saskatchewan in April 2019 and in Yukon and Nunavut in…