September 10, 2019
Climate change litigation continues to evolve in many jurisdictions and Canada has seen its fair share of proceedings seeking to hold governments and the oil and gas, energy and power industries responsible for carbon dioxide emissions. CLIMATE CHANGE LITIGATION AT HOME AND ABROAD Europe The genesis of much climate change litigation was a 2015 decision of the Hague District Court…
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…
Posted in: Energy - Regulatory, Environmental, Mining, Oil & Gas, Power, Renewable Energy
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…
Posted in: Energy - Regulatory, Environmental, Mining, Oil & Gas, Power, Renewable Energy
December 10, 2018
The governments of Ontario and British Columbia recently released new environmental plans that will guide the development of environmental legislation and policies in each province for the foreseeable future. Ontario released the Preserving and Protecting our Environment for Future Generations: A Made-in-Ontario Environment Plan (Proposal) and B.C. released its CleanBC plan. These plans will lead to economic opportunities for certain…
Posted in: Energy - Regulatory, Environmental, Power
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…
Posted in: Corporate & Commercial, Energy - Regulatory, Environmental, Oil & Gas, Power, Tax
September 24, 2018
Three months after taking power, Ontario’s new government introduced legislation to restore the rights of local municipalities to control the development of new renewable energy projects (such as wind and solar generation) within their jurisdiction. When passed, the Green Energy Repeal Act, 2018 (Bill 34) will repeal the Green Energy Act, 2009 (Act) in its entirety and amend several other…
Posted in: Energy - Regulatory, Environmental, Power, Renewable Energy
March 13, 2018
The Attorney General of Alberta (AG) and ENMAX have recently settled the legal proceedings brought in 2016 (AG Action) by the provincial government against several former buyers of power purchase arrangements (PPAs). The AG previously settled with various PPA buyers in November and December 2016. By a consent judgment filed March 9, 2018, the AG Action was dismissed against all…
Posted in: Corporate & Commercial, Litigation & Dispute Resolution, Power
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…
December 12, 2017
Following ENMAX Energy Corporation’s (ENMAX) successful application to obtain a mandatory injunction against the Balancing Pool of Alberta (as reported in our November 2017 Blakes Bulletin: Alberta Court of Queen’s Bench Grants Mandatory Injunction Against Balancing Pool), the Balancing Pool has performed its assessment and verified and accepted ENMAX’s notice terminating the Keephills power purchase agreement (PPA) (Keephills Termination Notice),…
Posted in: Litigation & Dispute Resolution, Power
November 23, 2017
On November 22, 2017, the Court of Queen’s Bench of Alberta (Court) issued a mandatory injunction in favour of ENMAX Energy Corporation (ENMAX) compelling the Balancing Pool of Alberta to, forthwith and in good faith, complete and communicate the result of its assessment and verification of ENMAX’s termination notice of the Keephills Power Purchase Arrangement issued on May 5, 2016….
Posted in: Corporate & Commercial, Litigation & Dispute Resolution, Power
