Category: Energy – Regulatory

Environmental Litigation on the Rise in Corporate Canada and Around the World

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…

Infrastructure Update: New NERC Directive Emphasizes Cyber Planning and Reporting for Electrical Energy Sector

August 26, 2019

The North American Electric Reliability Corp. (NERC) recently adopted the Cyber Security – Incident Reporting and Response Planning CIP-008-6 directive (Directive), which creates new cybersecurity incident reporting obligations for bulk electric systems (BES) categorized as high or medium impact in North America. The Directive also emphasizes the importance of cyber planning and preparedness and is set to be implemented in…

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…