Regulatory

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

Meeting the Minimum (National) Standards: Ontario Court of Appeal Upholds Constitutionality of Federal Carbon Pricing Backstop

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Courtesy of McCarthy Tetrault. View original article here. Meeting the Minimum (National) Standards: Ontario Court of Appeal Upholds Constitutionality of Federal Carbon Pricing Backstop The majority of the Ontario Court of Appeal ruled on June 28, 2019 that the federal Greenhouse Gas Pollution Pricing Act (the Act or GGPPA) is constitutional. In particular, the Court of Appeal… [Read More…] about Meeting the Minimum (National) Standards: Ontario Court of Appeal Upholds Constitutionality of Federal Carbon Pricing Backstop

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

Impact Assessment Act

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Courtesy of McCarthy Tetrault. View original article here. On June 21, 2019, Bill C-69, which includes the Impact Assessment Act (“IAA”), new federal legislation governing environmental assessments at the federal level, received Royal Assent. The IAA is not yet in force. In February 2018, we wrote an overview of the IAA and the way that it differed from the… [Read More…] about Impact Assessment Act

Timelines, Completion Risk and Federal Project Reviews

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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

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

BC’s Anti-Pipeline Law is Unconstitutional

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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

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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

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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