Oil & Gas

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

2018 Top Ten: Regulatory Decisions of Import to the Canadian Energy Industry

Courtesy of Borden Ladner Gervais. View original article here. At the beginning of 2018, our review of the 2017 Canadian regulatory events described them as dramatic, but the 2018 saga turned out to be nothing short of a blockbuster. Pressure built up to a bubble point at the federal and provincial levels of governments, and at the National… [Read More…] about 2018 Top Ten: Regulatory Decisions of Import to the Canadian Energy Industry

Climate Change Litigation Arrives in Canada

Courtesy of Osler. View original article here. In this Update Two recent developments demonstrate that climate change litigation has arrived in Canada: the ENVironnement JEUnesse lawsuit in Québec and the City of Victoria’s endorsement of a class action lawsuit against oil and gas producers for climate-related harms. Oil and gas producers may soon be faced… [Read More…] about Climate Change Litigation Arrives in Canada

12 Minutes with Brad Wall on Energy & Agriculture

Courtesy of Osler. View original article here. Osler Special Advisor Brad Wall says he is “optimistic” about the future prospects of Canada’s energy sector and that we should be “very excited about Canadian agriculture.” In a video interview, Brad, the former Premier of Saskatchewan, discussed a wide range of topics including Canada’s energy and agricultural sectors; navigating… [Read More…] about 12 Minutes with Brad Wall on Energy & Agriculture

2018 Top Ten: Legislative and Policy Changes in the Canadian Energy Industry

Courtesy of Borden Ladner Gervais. View original article here. 2018 saw continuing shifts and uncertainty in legislative and policy developments for the oil and gas industry.  On last year’s Top 10 list, found here, we identified several proposed changes to energy regulation across Canada.  2018 further provided us with numerous policy changes, with implications uncertain and… [Read More…] about 2018 Top Ten: Legislative and Policy Changes in the Canadian Energy Industry