Regulatory

The Wind Blows Another Way for Renewable Energy in Ontario

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

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

Saskatchewan Court of Appeal Upholds Constitutionality of Federal Carbon Pricing Regime

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

Carbon Pricing Matters: Federal Fuel Charge Now in Effect in Four Backstop Provinces

Courtesy of McCarthy Tetrault. View original article here. The federal fuel charge came in force on April 1, 2019. This charge on fossil fuels now applies to fuels that are consumed in Saskatchewan, Manitoba, Ontario and New Brunswick, the four provinces that do not have a provincial system in place which meets federal carbon pricing… [Read More…] about Carbon Pricing Matters: Federal Fuel Charge Now in Effect in Four Backstop Provinces

Federal Government Proposes Refinements to its Carbon Pricing Backstop System

Courtesy of McCarthy Tetrault. View original article here. In October 2018, the federal government announced certain details on the scope and application of its carbon pricing backstop system. Under the Greenhouse Gas Pollution Pricing Act (GGPPA), the federal carbon pricing backstop system consists of two components: a charge on 21 types of fuel and combustible waste that… [Read More…] about Federal Government Proposes Refinements to its Carbon Pricing Backstop System

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

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?

Moving Along: Updates to Ontario’s Environment Plan

Courtesy of McCarthy Tetrault. View original article here. As reported in a previous blog post, in late 2018 the Ontario government released the Environment Plan: Preserving and Protecting our Environment for Future Generations. This Plan outlined the government’s intended actions and policies for addressing many environment-related issues in Ontario, including the pollution of air, land, and water, the… [Read More…] about Moving Along: Updates to Ontario’s Environment Plan