Pipelines

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

Trans Mountain Decision: Application of Existing Principles or Evolving Standard?

Courtesy of McCarthy Tetrault. View original article here. In 2004, the Supreme Court of Canada recognized that there is a duty to consult Indigenous groups whenever the Crown is contemplating conduct that could adversely impact asserted or established Aboriginal or treaty rights. Since this time, there have been hundreds of court cases in which Indigenous… [Read More…] about Trans Mountain Decision: Application of Existing Principles or Evolving Standard?

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

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

​Alberta Cuts Oil Production to Raise its Discounted Crude Oil Prices

Courtesy of Borden Ladner Gervais. View original article here. The Government of Alberta (GOA) announced its mandatory curtailment of crude oil production plan on Sunday, December 2, 2018.1  The plan is a short-term measure to raise the price of Alberta’s crude oil, currently selling at a discount at $10 per barrel, in order to compete… [Read More…] about ​Alberta Cuts Oil Production to Raise its Discounted Crude Oil Prices

No Duty to Consult Indigenous Groups on Legislation – Mikisew Cree First Nation v. Canada

Courtesy of McCarthy Tetrault. View original article here. The Supreme Court of Canada (SCC, or the Court) has ruled that there is no duty to consult Indigenous groups at any stage of the law-making process.[i]  This is an important ruling as the recognition of a justiciable duty to consult in the legislative process would have… [Read More…] about No Duty to Consult Indigenous Groups on Legislation – Mikisew Cree First Nation v. Canada

A Steady Judicial Tune Resonates Uncertainty: Federal Court of Appeal Orders Canada to Re-Consult on Trans Mountain Pipeline Expansion Project Approvals

Courtesy of Stikeman Elliott. View original article here. Canada once again faces uncertainty in relation to the Trans Mountain pipeline expansion project (TMX), which itself is a harbinger of the continued unpredictability surrounding the state of Canada’s regulatory landscape for major energy infrastructure projects as a whole. This latest installment in uncertainty arises due to the recent… [Read More…] about A Steady Judicial Tune Resonates Uncertainty: Federal Court of Appeal Orders Canada to Re-Consult on Trans Mountain Pipeline Expansion Project Approvals

Federal Energy Project Reviews: Timelines in Practice

Courtesy of Stikeman Elliott. View original article here In recent years the timelines to complete Canadian regulatory reviews of proposed major projects – and particularly environmental assessments which are the key part of the project review process – have become a major political issue. Over the last decade or so, project proponents have consistently raised… [Read More…] about Federal Energy Project Reviews: Timelines in Practice

Canadian Oil – No Easy Way Out

Courtesy of Stikeman Elliott. View original  article here. In its Report on Canada’s Energy Future 2017 (“2017 Report”), the National Energy Board makes energy supply and demand projections for the roughly quarter century period running from 2016 to 2040. While the key findings in the 2017 Report are noteworthy on their own, they also highlight the long-term… [Read More…] about Canadian Oil – No Easy Way Out