Category: Energy – Regulatory

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…

Long May You Run: Ontario Court of Appeal Clarifies the Treatment of Mineral Royalties in Insolvency Proceedings

July 3, 2019

On June 19, 2019, the Ontario Court of Appeal (Appeal Court) released its long-anticipated decision in the second phase of the appeal in Third Eye Capital Corporation v. Ressources Dianor Inc./Dianor Resources Inc., following an earlier decision of March 15, 2018, granted in respect of the first phase of the appeal. The two decisions, taken together, provide helpful guidance on…

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…

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…

Federal Carbon Pricing System Coming Into Force January 2019: How Will it Impact Your Business?

December 17, 2018

Under the Greenhouse Gas Pollution Pricing Act (Act), the federal government is empowered to administer and enforce a two-pronged carbon pricing system in provinces and territories that either fail to meet the federal benchmark specified in the Act or choose to adopt it voluntarily (Listed Provinces). For a discussion regarding the political and legal challenges surrounding the Act and its…

Ontario, B.C. Release New Greenhouse Gas Reduction Plans

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…

Alberta Revises Internal Procedures for Addressing First Nations and Métis Settlement Consultation

November 12, 2018

On October 31, 2018, the Alberta Aboriginal Consultation Office (ACO) and the Alberta Energy Regulator (AER) released revised Joint Operating Procedures for First Nations and Métis Settlement Consultation on Energy Resource Activities (Procedures). These Procedures address coordination of activities between the ACO and AER concerning consultation with First Nations and on Métis Settlements. For more information on the Procedures please…

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…

New Ontario Government to Restore Municipal Rights to Oppose Renewable Energy Projects

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…

Court Confirms Power of Alberta Aboriginal Consultation Office to Decide Who Gets Consulted

April 23, 2018

The Alberta Court of Queen’s Bench (Court) provided much-needed clarity about the role of the Alberta Aboriginal Consultation Office (ACO) and the duty to consult in Alberta in its decision in Athabasca Chipewyan First Nation v. Alberta (ACFN Decision). The ACFN Decision is one of a series of recent judicial review decisions that stem from questions about the role of…