Oil & Gas

Oil and Gas in Canada: A Comprehensive Review of the Current State of the Sector

Courtesy of Stikeman Elliott. View original article here. Oil and Gas Activity in Canada, Stikeman Elliott’s comprehensive guide to the oil and gas industry in Canada, is now available. Investors and others who are interested in the Canadian energy market will want to obtain a copy of this publication, which has been fully updated by our… [Read More…] about Oil and Gas in Canada: A Comprehensive Review of the Current State of the Sector

Completion Risk, Legal Uncertainty and Federal Energy Projects

Courtesy of Stikeman Elliott. View original article here. Recent studies have shown a high level of completion risk for energy projects subject to federal jurisdiction. By some measures, up to 40% of all projects seeking federal approvals are withdrawn or terminated by sponsors or rejected by regulators. For the largest and most controversial energy projects,… [Read More…] about Completion Risk, Legal Uncertainty and Federal Energy Projects

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

Courtesy of Blakes. View original article here. 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… [Read More…] about Environmental Litigation on the Rise in Corporate Canada and Around the World

Indigenous Peoples’ Ownership of Energy Projects

Courtesy of Stikeman Elliott. View original post here. Federal and provincial governments are required to consult with and accommodate Indigenous peoples whose rights may be affected by proposed energy projects. These requirements have led to the now standard practice of developers entering into benefit agreements with Indigenous communities for the supply of some of the… [Read More…] about Indigenous Peoples’ Ownership of Energy Projects

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

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

Timelines, Completion Risk and Federal Project Reviews

Courtesy of Stikeman Elliott. View original article here. How significant are the delays in obtaining federal approvals for proposed energy projects in Canada? And what are the completion risks that result from these delays? Traditionally the declaratory policy of the Canadian federal government, key provinces and peer jurisdictions has been to complete project reviews in 24… [Read More…] about Timelines, Completion Risk and Federal Project Reviews

BC’s Anti-Pipeline Law is Unconstitutional

Courtesy of McCarthy. View original article here. Reference re Environmental Management Act (British Columbia), 2019 BCCA 181 On Friday May 24th, the BC Court of Appeal held that BC’s proposed legislation blocking the Trans Mountain pipeline is unconstitutional. In a clear decision curtailing the provinces’ ability to interfere with federal undertakings, the Court reaffirmed that pipelines… [Read More…] about BC’s Anti-Pipeline Law is Unconstitutional

Court of Appeal Unanimously Rules Against B.C. Blocking Trans Mountain Pipeline

Courtesy of Blakes. View original article here. On May 24, 2019, the British Columbia Court of Appeal decided unanimously that B.C.’s proposed amendments to the Environmental Management Act (Proposed Law) regarding the Trans Mountain expansion project (TMX Project) were unconstitutional. The court’s decision will have important implications for all provincial regulation of any works and undertakings, such… [Read More…] about Court of Appeal Unanimously Rules Against B.C. Blocking Trans Mountain Pipeline

How to Draft Exclusive vs. Non-Exclusive Jurisdiction Clauses

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

Alberta Court Overturns Ministerial Decision on Oil Sands Cost Recovery

Courtesy of Blakes. View original article here. On judicial review, the Alberta Court of Queen’s Bench overturned a ministerial decision of the Alberta Department of Energy (ADOE) regarding costs incurred by an oil sands project owner in Fort Hills Energy Corporation v. Alberta (Minister of Energy). The case was decided on a standard of reasonableness and is… [Read More…] about Alberta Court Overturns Ministerial Decision on Oil Sands Cost Recovery