Osler

Regulation for Offshore Drilling Creates Welcome Efficiencies Under the Impact Assessment Act

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Courtesy of Osler. View original article here. On June 3, 2020, Canada’s Minister of Environment and Climate Change (the Minister) issued the Regulation Respecting Excluded Physical Activities (Newfoundland and Labrador Offshore Exploratory Wells) (the Regulation) pursuant to the Impact Assessment Act [PDF] (the IAA). The Regulation exempts proposed exploratory drilling operations occurring offshore Newfoundland and Labrador from the requirement… [Read More…] about Regulation for Offshore Drilling Creates Welcome Efficiencies Under the Impact Assessment Act

Alberta Court Gives Cabinet 10 Days to Decide on Oil Sands Project

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Courtesy of Osler. View original article here. In reasons for decision issued on February 18, 2020, the Alberta Court of Queen’s Bench confirmed in Prosper Petroleum Ltd v Her Majesty the Queen in Right of Alberta [PDF] (Prosper) that the Alberta Cabinet cannot unreasonably and unjustifiably delay its decision on whether to approve an oil sands project.… [Read More…] about Alberta Court Gives Cabinet 10 Days to Decide on Oil Sands Project

ASC Clarifies Expectations Relating to Production Disclosure by Oil and Gas Issuers

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Courtesy of Osler. View original article here. In its annual Oil and Gas Review [PDF] published on December 23, 2019, the Alberta Securities Commission (ASC) highlighted concerns related to production disclosure by reporting issuers engaged in oil and gas activities. As our clients head into annual disclosure season, we have summarized certain key guidance points relevant to… [Read More…] about ASC Clarifies Expectations Relating to Production Disclosure by Oil and Gas Issuers

Alberta Revamps Carbon Pricing Regime for Large Emitters

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Courtesy of Osler. View original article here. In this Update On October 29, 2019, the Alberta government proposed new legislation for a revamped Alberta carbon pricing scheme, called the Technology Innovation and Emissions Reduction (TIER) system. Once passed, the new legislation is slated to come into force on January 1, 2020. The TIER system will… [Read More…] about Alberta Revamps Carbon Pricing Regime for Large Emitters

Where is Canada on Climate Change Disclosure? More Guidance; But Old Rules

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Courtesy of Osler. View original article here. Demands for better reporting on climate change risks and opportunities by investors and the public have been increasing, prompting the Canadian Securities Administrators in March 2017 to launch a climate change disclosure review. One result of that review was the issuance on August 1, 2019 of CSA Staff Notice… [Read More…] about Where is Canada on Climate Change Disclosure? More Guidance; But Old Rules

National Energy Board refuses to assert jurisdiction over the Coastal GasLink Pipeline Project

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Courtesy of Osler. View original article here. The National Energy Board (NEB) has refused to assert jurisdiction over the Coastal GasLink Pipeline Project (the CGL Pipeline), providing important clarity for the largest energy project in Canadian history and upholding the rule of law in Canada. Background The CGL Pipeline is an approximately 670 kilometre, 48-inch… [Read More…] about National Energy Board refuses to assert jurisdiction over the Coastal GasLink Pipeline Project

Ontario Court of Appeal Upholds Constitutionality of Federal Carbon Pricing Regime

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Courtesy of Osler. View original article here. Introduction On June 28, 2019, the Ontario Court of Appeal rendered its advisory opinion regarding the constitutional validity of the Greenhouse Gas Pollution Pricing Act (the GGPPA) — colloquially known as the federal “carbon tax.” In a 4-1 decision, the majority held that the GGPPA is constitutional. The Ontario government has said… [Read More…] about Ontario Court of Appeal Upholds Constitutionality of Federal Carbon Pricing Regime

The Wind Blows Another Way for Renewable Energy in Ontario

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Courtesy of Osler. View original article here. On May 31, 2019, the Government of Ontario published two regulations under the Planning Act and Environmental Protection Act (EPA) — O. Reg. 121/19: Transitional Matters – Renewable Energy Generation Facilities and O. Reg. 122/19: Renewable Energy Approvals Under Part V.0.1 of the Act (together, the Regulations) — which provide clarity on the authority of municipal… [Read More…] about The Wind Blows Another Way for Renewable Energy in Ontario

How to Draft Exclusive vs. Non-Exclusive Jurisdiction Clauses

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Courtesy of Osler. View original article here. A recent decision from the Court of Appeal for Ontario reminds us that parties using their contracts to select a jurisdiction for hearing disputes must consider jurisdiction clauses carefully. Exclusive jurisdiction clauses pick one jurisdiction, and only one jurisdiction, whose courts will decide any disputes under the contract.… [Read More…] about How to Draft Exclusive vs. Non-Exclusive Jurisdiction Clauses

Saskatchewan Court of Appeal Upholds Constitutionality of Federal Carbon Pricing Regime

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Courtesy of Osler. View original article here. Introduction Even prior to its enactment, the Greenhouse Gas Pollution Pricing Act (the GGPPA) – colloquially known as the federal carbon tax – has garnered considerable attention across Canada’s political and legal landscape. It has inspired a range of responses across the country, prompting provincial references and becoming an election issue in multiple… [Read More…] about Saskatchewan Court of Appeal Upholds Constitutionality of Federal Carbon Pricing Regime