Category: Energy – Regulatory

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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…

Implementing the Environment Quality Act – Quebec Government Publishes 24 Draft Regulations

March 5, 2018

CONTEXT On February 14, 2018, the Government of Quebec published 24 draft regulations that seek to implement amendments to the Environment Quality Act (EQA), as part of the modernization of its environmental approval scheme. The new draft regulations follow the publication of the draft Regulation respecting the environmental impact assessment and review of certain projects on December 13, 2017. These…

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…

Quebec Amends its Energy Efficiency Regulations and Moves Towards Implementation of 2030 Energy Policy

August 16, 2017

On August 15, 2017, the Regulation respecting the energy efficiency of electrical or hydrocarbon-fuelled appliances (Quebec Regulations) was amended in order to eliminate and reduce disparities with the energy efficiency regulatory requirements applicable to appliances at the federal level (Federal Regime). The amendment to the Quebec Regulations notably extends the scope of appliances that it covers, in addition to increasing…

SCC Confirms the Role of Regulatory Tribunals in Aboriginal Consultation

July 27, 2017

On July 26, 2017, the Supreme Court of Canada (SCC) released two decisions on the role of the National Energy Board (NEB) and other regulatory tribunals in aboriginal consultation: Clyde River (Hamlet) v. Petroleum Geo‑Services Inc. (Clyde River) and Chippewas of the Thames First Nation v. Enbridge Pipelines Inc. (Chippewas). The decisions are significant in clarifying the law in relation…

Emission Limit Implementation Recommendations from Alberta’s Oil Sands Advisory Group

June 30, 2017

On June 16, 2017, the Alberta Oil Sands Advisory Group (OSAG) released its report, Recommendations on Implementation of the Oil Sands Emissions Limit Established by the Alberta Climate Leadership Plan, which sets out recommendations for implementing and remaining within the 100 megatonne (MT) per year greenhouse gas (GHG) emissions limit for the oil sands sector (Emissions Limit) articulated in Alberta’s…

Canada’s New Energy Efficiency Regulations Come Into Force

June 28, 2017

On June 28, 2017, the federal Energy Efficiency Regulations, 2016 (New Regulations) came into force, repealing and replacing the original Energy Efficiency Regulations (Regulations). The New Regulations increase the energy efficiency standards for certain consumer and commercial products and take a step towards harmonizing Canada’s energy efficiency standards with those of the United States. OVERVIEW OF ENERGY EFFICIENCY REGULATIONS IN…

Alberta Caps Power Prices with Bill 16

June 12, 2017

On June 7, 2017, Bill 16, titled “An Act to Cap Regulated Electricity Rates” (Bill 16), received royal assent and is now law. Bill 16 will impose a maximum rate of 6.8 cents per kilowatt hour (kWh) for electricity consumers on the regulated rate option or RRO (a government-regulated rate that fluctuates monthly). The price cap comes on the back…

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