Nexen’s Fracking Water License has Run Dry - First Nation Prevails in BC...
First Nation Prevails in BC Environmental Appeal Board Decision By Mike Theroux, Brad Gilmour and Laura Gill In a decision released on September 3, 2015, the British Columbia Environmental Appeal Board...
View ArticleAlberta Renewable Electricity Program Begins with AESO Consultation
On March 3, 2016, the Alberta Electric System Operator (AESO) requested input from the developer and investor community on the proposed Alberta Renewable Electricity Program....By: Brad Gilmour
View ArticlePolluter Still Pays: BC Court of Appeal Upholds Award of Damages Against...
The British Columbia Court of Appeal upheld a lower court decision ordering ICI Canada Inc. (now PPG Architectural Coatings Canada Ltd) to pay $4.75 million in remediation costs following a trial which...
View ArticleAESO’s Recommendations on Renewable Electricity Program
On May 31st, the Alberta Electric System Operator (AESO) made its recommendations to the Government of Alberta, based on the survey results it received on the Renewable Electricity Program (REP). The...
View ArticleBulletin 2016-16: Alberta Energy Regulator Releases New Requirements in Wake...
Industry and the public may face significantly higher costs as a result of the much anticipated decision of the Alberta Court of Queen’s Bench in Redwater Energy Corporation (Re), 2016 ABQB 278, issued...
View ArticleYour Right to a Speedy Trial? It May Now Be a Right to a Trial in 18 Months...
It’s tough for any of us to think of a high profile criminal or regulatory case that could be described as “speedy”. The whole country followed the murder trial of Mark Smich and Delen Millard, who...
View ArticleFederal Court of Appeal: Government Failed to Adequately Consult with First...
On June 23, 2016, the Federal Court of Appeal delivered the Northern Gateway Project another procedural setback in its decision on Gitxaala Nation v Canada (2016 FCA 187). In a 2-to-1 split decision,...
View ArticleRegulatory Competitiveness of Petrochemical Projects in Alberta
On June 6, 2017, Brad Gilmour, Head of the Regulatory Department of Bennett Jones, spoke at the Petrochemical Conference organized by the Canadian Energy Resources Institute. As part of the Executive...
View ArticleCanadian Government's Proposal to Reform Canada's Environmental Assessment...
On June 29, 2017, the federal government released a discussion paper entitled "Environmental and Regulatory Reviews" ("Discussion Paper"), which proposes broad changes to the federal environmental...
View ArticleInternal Investigations and Privilege: The Alberta Court of Appeal Weighs In
The documents and records of an internal investigation into a workplace accident may be privileged notwithstanding a statutory obligation to carry out an investigation and prepare a report, the Alberta...
View ArticleReshaping Canada’s Project Assessment Regime—Bill 69’s Ambitious Blueprint
This article is Part II of a series that discusses the federal government’s proposed changes to Canada’s environmental regulatory regime governing project development and operation in Canada....By:...
View ArticleB.C. “Revitalized” Environmental Assessment Regime—The Path Ahead
In November 2018, British Columbia passed legislation designed to “revitalize” its Environmental Assessment Act as well as "to ensure the legal rights of First Nations are respected, and the public's...
View ArticleThe Supreme Court of Canada Rules in Orphan Well Case
The Supreme Court of Canada ("SCC") today released its long-awaited decision in Orphan Well Association et al v Grant Thornton Limited et al, 2019 SCC 5. The SCC allowed the appeal and held that...
View ArticleEnvironmental and Regulatory Compliance Issues for the Natural Resources...
Across Canada, companies and regulators are taking unprecedented steps to respond to the COVID-19 pandemic. Efforts to protect the health and safety of the workforce while adapting to the evolving...
View ArticleEnvironmental/Regulatory Reporting Relief: Alberta Temporarily Suspends...
As we noted in our previous blog reviewing, Environmental and Regulatory Compliance Issues for the Natural Resources Sectors during COVID-19, companies in the natural resource and energy industry face...
View ArticleSaskatchewan Program to Incentivize Pipeline Development
In 2019, the Saskatchewan Ministry of Energy and Resources implemented the Petroleum Innovation Incentive Program (PIIP) and the Oil and Gas Processing Investment Incentive Program (OGPIIP) aimed at...
View ArticleAlberta Energy Announces Additional Suspensions to Regulatory Reporting...
On April 7, 2020, Alberta Energy announced the temporary suspension of certain reporting requirements pursuant to Ministerial Order 219/2020 signed April 6, 2020. This follows similar reporting relief...
View ArticleAlberta Amends its Approach to Liability Management
Since the release of the Supreme Court of Canada's decision in Orphan Well Association et al v. Grant Thornton Limited et al (Redwater), the energy industry has been awaiting legislative direction on...
View ArticleAlberta Announces Site Rehabilitation Program to Fund Abandonment and...
On April 24, 2020, the Government of Alberta announced the creation of the Site Rehabilitation Program (the Program) to be launched May 1, 2020. The Program is the vehicle by which Alberta will...
View ArticleNo Relief From AER Directive 067 Reporting Requirements Amid COVID-19 Pandemic
Amidst a global collapse in oil prices, sectors of Alberta's industry have been hit hard during the COVID-19 pandemic. Companies in the natural resource and energy industries are facing unique...
View ArticleUPDATE: Alberta's Site Rehabilitation Program in Action
On May 1, 2020, the Government of Alberta announced new information regarding how the Alberta Site Rehabilitation Program will be administered. Since then details of the program have continued to...
View ArticleBritish Columbia Announces Funding to Clean Up Orphan and Inactive Wells
On May 13, 2020, British Columbia announced how it will administer the $120 million in federal funds earmarked to clean up orphaned and inactive oil and gas wells under COVID-19 Economic Response Plan...
View ArticleAlberta to Rescind Coal Development Policy
Effective June 1, 2020, the Government of Alberta is rescinding A Coal Development Policy for Alberta, also known as the 1976 Coal Policy. The effect of this rescission will be to remove the land use...
View ArticleSaskatchewan Announces Accelerated Site Closure Program
On May 22, 2020, the Saskatchewan Ministry of Energy and Resources announced the creation of its Accelerated Site Closure Program (ASCP). In line with the Alberta Site Rehabilitation Program and...
View ArticleAlberta's Site Rehabilitation Program Enters Period 2
NOTE: Further information on the Alberta Site Rehabilitation Program can be found on our blogs addressing the announcement of the Program and an update on Program operations following the first few...
View ArticleManaging Oil & Gas Environmental Risks in Insolvency Scenarios: Background...
From the lingering shockwaves of the Redwater decision, to more recent developments involving COVID-19 and reduced global oil demand in the face of continuing egress and access-to-market constraints,...
View ArticleSuspended Environmental and Regulatory Reporting to Resume on July 15, 2020
The Government of Alberta announced on June 22, 2020, that the environmental and regulatory reporting requirements that were suspended in response to the COVID-19 public health emergency will resume...
View ArticleSaskatchewan's Accelerated Site Closure Program Announces New Details
On June 26, 2020, the Saskatchewan Ministry of Energy and Resources (the Ministry) released new details regarding its Accelerated Site Closure Program (ASCP). As noted in our earlier blog on the...
View ArticleAlberta’s Site Rehabilitation Program Launches Period 3
On July 17, 2020, the Government of Alberta opened applications for Period 3 of the Site Rehabilitation Program. As described in our previous blog post, subsequent update and discussion of Period 2 of...
View ArticleFederal Government Releases Strategic Assessment of Climate Change
On July 16, 2020, Environment and Climate Change Canada (ECCC) released its Strategic Assessment of Climate Change (SACC). The SACC provides detailed new guidance to project proponents required to...
View ArticleAlberta Announces New Liability Management Framework
On July 30, 2020, the Government of Alberta announced that it will introduce a new oil and gas Liability Management Framework over the coming months. The framework is intended to accelerate the...
View ArticleAlberta's Site Rehabilitation Program Enters Period 4
On August 7, 2020, the Government of Alberta launched Period 4 of the Site Rehabilitation Program (SRP) and released further details about the SRP, including information about the submission process...
View ArticleB.C. Announces Second Increment of Dormant Sites Reclamation Program Funding
On September 18, 2020, the British Columbia government announced that the first half of a $100-million fund earmarked for cleaning up dormant wells has been disbursed. The Dormant Sites Reclamation...
View ArticleHydrogen 101: Basics of Hydrogen Supply Chains
In June, the Canadian government announced that it would be unveiling a national hydrogen strategy, which is now expected to be released this fall. Alberta's Industrial Heartland Hydrogen Task Force, a...
View ArticleFederal Government Releases Revisions to Strategic Assessment of Climate Change
On July 16, 2020, Environment and Climate Change Canada (ECCC) released its Strategic Assessment of Climate Change (SACC). The SACC provides detailed guidance to those project proponents required to...
View ArticleCanada Announces Intention to Add Plastic Manufactured Items to List of Toxic...
On October 7, 2020, the Canadian government released the next steps in its plan to move Canada to zero plastic waste by 2030....By:
View ArticleCorporations are not Entitled to the Constitutional Right Against Cruel and...
On November 5, 2020, the Supreme Court of Canada released its decision in Quebec (Attorney General) v 9147-0732 Québec Inc, 2020 SCC 32, in which the court decided that the constitutional protection...
View ArticleAlberta's Industrial Heartland as Canada's Potential First Hydrogen Node
Increasing Interest in Hydrogen in Canada and Alberta - Hydrogen has gained the attention of Canadian policy makers and industry players. Notably, the Canadian government announced in June 2020 an...
View ArticleFederal Government Fulfills Promise to Introduce UNDRIP Legislation
On December 3, 2020, Minister David Lametti, the federal Minister of Justice, introduced Bill C-15, An Act respecting the United Nations Declaration on the Rights of Indigenous Peoples. The Bill...
View ArticleCanada's Hydrogen Strategy
The New Energy Economy Series - Following its recent announcement of A Healthy Environment and a Healthy Economy, an accelerated climate plan for Canada, the Government of Canada released the Hydrogen...
View ArticleAdvancing Alberta's New Liability Management Framework
Amendments to the Oil and Gas Conservation Rules and Pipeline Rules to advance the Government of Alberta's new Liability Management Framework and address Alberta's inventory of abandoned wells,...
View ArticleSite Rehabilitation Program Periods 5 and 6 Further Expand Program Scope
On February 1, 2021, the Government of Alberta launched Period 5 and Period 6 of the Site Rehabilitation Program (SRP), including additional information within the updated Site Rehabilitation...
View ArticleDefining and Driving ESG Within Your Organization
The term Environmental, Social and Governance, or ESG, refers to a broad set of issues or criteria relating to corporate behaviour and performance that generally fall outside of the traditional...
View Article2030 Emissions Reduction Plan
On March 29, 2022, the Government of Canada released the first of a series of emissions reduction plans, entitled "2030 Emissions Reduction Plan – Canada's Next Steps for Clean Air and a Strong...
View ArticleCanadian Budget Proposes New Investment Tax Credit For Carbon Capture,...
The 2022 Canadian Federal Budget, released on April 7, 2022, sets the fundamental groundwork of the Government of Canada's goals for national economic development. Following Canada's announcement of...
View ArticleAlberta Court of Appeal Releases Reference Opinion on Constitutionality of...
The Province of Alberta referred two constitutional questions to the Alberta Court of Appeal - - whether the federal Impact Assessment Act (IAA), part of Bill C-69, is unconstitutional in whole; and -...
View ArticleAchieving Net Zero by 2050: The MMV Plan as a Fundamental Component to Carbon...
The Government of Canada adopted the Canadian Net-Zero Emissions Accountability Act in 2021 that sets an aggressive emissions reduction target of 40 to 45 percent below 2005 levels and net-zero by...
View ArticleSupreme Court of Canada Rules Impact Assessment Act Unconstitutional
The Supreme Court of Canada (SCC) has issued an opinion that the Impact Assessment Act (IAA) and its Physical Activities Regulations are largely unconstitutional....By:
View ArticleThe Federal Court Rules that the Order Labelling Plastics as a Toxic...
The Federal Court of Canada (Court) released its decision on November 16, 2023, in Responsible Plastics Use Coalition v Canada, which held that the Federal Government's labelling of all Plastic...
View ArticleFederal Government Targets Oil and Gas Emissions in Methane Regulation...
As leaders around the world gathered at the 28th meeting of Conference of the Parties to the United Nations Framework Convention on Climate Change (COP28), the Federal Government released details for a...
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