Category: Oil & Gas

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The Ins and Outs of Canada’s New Trade Agreement and NAFTA Replacement, the USMCA

October 3, 2018

On September 30, 2018, Canada and the United States resolved outstanding trade issues and announced that they, together with Mexico, agreed to a trilateral United States-Mexico-Canada Agreement (USMCA). Once ratified, the USMCA will replace the existing trilateral North American Free Trade Agreement (NAFTA), which has been in place between the three countries since 1994. BACKGROUND The USMCA represents an agreement…

The Future of Canadian Corporate Criminal Enforcement: Deferred Prosecution Agreements Now Available in Canada

September 21, 2018

Recent amendments to the Criminal Code signify an important development in Canada’s white-collar enforcement landscape. The new amendments, which came into effect on September 19, 2018, establish a Canadian deferred prosecution regime. Prosecutors will now have the option of entering into “remediation agreements” (RAs) with companies accused of offences. RAs are the Canadian equivalent of American and U.K. deferred prosecution…

B.C. Restricts Oil and Gas Developments in Blueberry River First Nation Territory

July 27, 2018

The British Columbia Oil and Gas Commission (OGC) recently announced new interim measures for oil and gas developments in Blueberry River First Nation (BRFN) traditional territory. The interim measures address concerns raised by BRFN with respect to new oil and gas development activities by prohibiting or restricting new surface disturbance in defined critical areas of BRFN territory, while managing development…

Drilling Down: Alberta Court Finds Production Volume Royalty Can Be an Interest in Land

July 4, 2018

On June 22, 2018, in Re Manitok Energy Inc., Justice K. Horner of the Alberta Court of Queen’s Bench (Court) confirmed that the creation, grant and sale of a production volume royalty can constitute an interest in land where the parties have an express intention to create such an interest. This decision adopts the reasoning of the Ontario Court of…

Blockchain and Smart Contracts in the Energy Sector

June 21, 2018

Technology is quickly reshaping the oil and gas industry. One such disruptive technology is blockchain. This is an introduction to industrial blockchain as well as a review of its relevance to oil and gas projects and the application of smart contracts within the blockchain and existing doctrines of contract law. During this session you will gain a better understanding of…

Infringement by Common Design: New Liability Under Canadian Patent Law?

March 27, 2018

Unlike in some other jurisdictions, Canada’s patent legislation (the Patent Act) does not explicitly specify all of the circumstances under which a patent may be held to be infringed. It has therefore fallen to Canadian courts to establish the principles governing the issue of infringement. Infringement by common design has not been, to date, recognized in Canada. However, two recent…

2018 Federal Budget: Selected Tax Measures

February 28, 2018

On February 27, 2018, the Minister of Finance introduced Canada’s 2018 Federal Budget (2018 Budget). The 2018 Budget includes measures affecting the taxation of passive income earned by private corporations, as was expected, although the changes are not as wide-spread as had been previously suggested. In addition, the 2018 Budget includes a mix of targeted anti-avoidance rules, legislative responses to…

Canadian Mergers and Acquisitions: FAQs and 2018 Trends

February 16, 2018

Our Canadian Mergers and Acquisitions: FAQs and 2018 Trends answers frequentlyasked questions regarding the regulation of public M&A in Canada and provides anoutlook for what 2018 may hold based on significant developments we observedfrom the Canadian deal environment in 2017.

Reversal of Gas Cost Allowances Due to Insolvency on the Rise

January 22, 2018

Alberta Energy has increasingly been targeting insolvent lessees and the historical gas cost allowances claimed by those insolvent companies. Alberta Energy deducts allowances for capital and operating costs and custom processing fees incurred and paid in Alberta for compressing, gathering and processing its royalty share of gas and gas products through the Crown share of allowable costs. Accordingly, there are…

AER Revises Eligibility Requirements for Acquiring and Holding Energy Licences and Approvals

December 7, 2017

On December 6, 2017, the Alberta Energy Regulator (AER) released a new edition of Directive 067 (New Directive), dealing with the eligibility requirements for acquiring and holding energy licences and approvals in Alberta. This was announced to the public though AER Bulletin 2017-21. The New Directive increases the scrutiny the AER will apply to ensure that licences and approvals are…

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