Project Law Blog

Category Archives: Project Development

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ESTMA Update: Reporting Requirements Apply to Payments to Aboriginal Governments Effective June 1, 2017

Posted in Aboriginal, Consultation, Mining, Oil & Gas Law, Project Development, Project Permitting, Regulatory, Regulatory Compliance
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In previous posts, from April, 20 2015 and June 2, 2015, we reported on the federal Extractive Sectors Transparency Measures Act (“ESTMA”) and the requirements it imposes on companies to report certain types of payments made to governments. ESTMA requires reporting companies to report payments made to specified “payees” — governments in Canada and foreign states (along with certain… Continue Reading

Federal Environmental Assessment – What’s Next – A Tiered Approach

Posted in Aboriginal, Consultation, Environmental, Mining, Oil & Gas Law, Project Development, Project Permitting, Public Utility, Regulatory, Regulatory Compliance
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This is the most recent blog in a series of posts which discuss the proposed recommendations set out by the Expert Panel in its report entitled Building Common Ground – A New Vision for Impact Assessment in Canada, The Final Report of the Expert Panel for the Review of the Environmental Assessment Processes (the “Report”),… Continue Reading

Federal Environmental Assessment – What’s Next – Stages of Project Impact Assessment

Posted in Aboriginal, Consultation, Environmental, Mining, Oil & Gas Law, Project Development, Project Permitting, Public Utility, Regulatory, Regulatory Compliance
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This is the most recent in a series of posts which discuss the proposed recommendations set out by the Expert Panel in its report entitled Building Common Ground – A New Vision for Impact Assessment in Canada, The Final Report of the Expert Panel for the Review of Environmental Assessment Processes (the “Report”). This entry… Continue Reading

Federal Environmental Assessment – What’s Next – A Single Impact Assessment Authority

Posted in Aboriginal, Consultation, Environmental, Mining, Oil & Gas Law, Project Development, Project Permitting, Public Utility, Regulatory, Regulatory Compliance
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Over the past week, the Project Law Blog has been discussing the recommendations set out by the Expert Panel in its report entitled Building Common Ground – A New Vision for Impact Assessment in Canada, The Final Report of the Expert Panel for the Review of Environmental Assessment Processes (the “Report”). We have provided an… Continue Reading

Federal Environmental Assessment – What’s Next? – Proposed New Triggers

Posted in Aboriginal, Consultation, Environmental, Mining, Oil & Gas Law, Project Development, Project Permitting, Public Utility, Regulatory, Regulatory Compliance
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Last week we summarized the recommendations set out by the Expert Panel established by the Minister of Environment and Climate Change in its report entitled Building Common Ground – A New Vision for Impact Assessment in Canada, The Final Report of the Expert Panel for the Review of Environmental Assessment Processes (the “Report”). One of… Continue Reading

Indigenous Considerations in the Expert Panel Report on Federal Environmental Assessment Processes

Posted in Aboriginal, Consultation, Environmental, Mining, Oil & Gas Law, Project Development, Project Permitting, Public Law, Regulatory, Regulatory Compliance
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Our April 7 post on the report of the Expert Panel reviewing federal environmental assessment processes noted that the report contains recommendations for greater inclusion of Indigenous peoples in federal environmental assessment processes. This post looks in more detail at the report’s key recommendations and commentary on that subject. Overall, the Expert Panel report envisions a… Continue Reading

Federal Environmental Assessment – What’s Next? – Expert Panel Releases Report

Posted in Aboriginal, Consultation, Environmental, Mining, Oil & Gas Law, Project Development, Project Permitting, Public Utility, Regulatory, Regulatory Compliance
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On April 5, 2017, an Expert Panel established by the Minister of Environment and Climate Change (the “Panel”) released its report, Building Common Ground – A New Vision for Impact Assessment in Canada, The Final Report of the Expert Panel for the Review of Environmental Assessment Processes (the “Report”). Our post of June 26, 2016 discussed… Continue Reading

Lawson Lundell Contributes to Practical Law UK: A Q&A guide to electricity regulation in Canada

Posted in Project Development
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Jeff Christian and Lana Shipley, Partners at Lawson Lundell LLP, have written a Q&A guide to electricity regulation in Canada. The Q&A gives a high level overview of the domestic electricity market, including domestic electricity companies, electricity generation and renewable energy, transmission, distribution, supply and tax issues. It covers the regulatory structure; foreign ownership; import… Continue Reading

Replacement of Insolvent Operators: Bank of Montreal v. Bumper Development Corporation

Posted in Mining, Oil & Gas Law, Project Development, Public Utility, Regulatory, Regulatory Compliance
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When will the replacement of operator provisions in the 2007 CAPL Operating Procedure (“Paragraph 2.02”) be enforced against a party in receivership in the context of a court approved sale of the underlying oil and gas properties? This question was recently considered by Justice Macleod in Bank of Montreal v. Bumper Development Corporation Ltd., 2016… Continue Reading

AER issues Bulletin 2016-21 to Clarify AER Bulletin 2016-16 – In Wake of Redwater (Take 2)

Posted in Mining, Oil & Gas Law, Project Development, Project Permitting, Public Utility, Regulatory, Regulatory Compliance
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The AER has issued Bulletin 2016-21  to respond to the industry’s outcry to Bulletin 2016-16 which imposed a 2.0 LMR minimum threshold for eligibility to take transfers of AER-licensed assets.  Bulletin 2016-16 was in response to the Alberta Court of Queen’s Bench decision in Redwater Energy Corporation (Re), 2016 ABQB 278, which we previously commented… Continue Reading

Doing Indirectly What You Cannot Do Directly: ROFR’s and the Duty of Good Faith

Posted in Mining, Oil & Gas Law, Project Development, Project Permitting, Public Utility, Regulatory, Regulatory Compliance
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Can you ever do indirectly that which you cannot do directly? The answer appears to be yes, in certain circumstances according to the Saskatchewan Court of Queen’s Bench decision in Northrock Resources v ExxonMobil Canada Energy, 2016 SKQB 188.  This case considers this issue in the context of rights of first refusal (“ROFR”) when dealing… Continue Reading

Federal Government Announces Review of Key Environmental and Regulatory Legislation and Processes

Posted in Aboriginal, Consultation, Environmental, Mining, Oil & Gas Law, Project Development, Project Permitting, Public Utility, Regulatory, Regulatory Compliance
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On June 20, 2016 the Government of Canada announced its review of several environmental and regulatory processes. The review will focus on three areas: the federal Environmental Assessment process, which was revised in 2012 by the Conservative government, modernization of the National Energy Board, and the federal Fisheries Act and Navigation Protection Act, both of… Continue Reading

Death by a Thousand Cuts – AER Issues Bulletin 2016-16 – In Wake of Redwater

Posted in Mining, Oil & Gas Law, Project Development, Project Permitting, Public Utility, Regulatory, Regulatory Compliance
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In response to the Alberta Court of Queen’s Bench decision in Redwater Energy Corporation (Re), 2016 ABQB 278, the Alberta Energy Regulator (“AER”) has issued Bulletin 2016-16 (the “Bulletin”) to minimize the risk to Albertans. In Redwater the Court held that a trustee in bankruptcy has the right to disclaim unproductive oil and gas assets,… Continue Reading

“Supreme Court of Canada to hear appeal on Yukon Peel watershed decision”

Posted in Aboriginal, Constitutional Law, Consultation, Mining, Oil & Gas Law, Project Development, Project Permitting, Regulatory
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Update: On June 9, 2016, the Supreme Court of Canada agreed to hear an appeal from Yukon Court of Appeal’s Peel watershed decision.  Click here to read our earlier blog post on the Court of Appeal’s decision handed down November 4, 2015.

Alberta Energy Regulator Issues Announcement Regarding Licensee Obligations in the Event of Insolvencies

Posted in Mining, Oil & Gas Law, Project Development, Project Permitting, Public Utility, Regulatory, Regulatory Compliance
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On April 8, 2016, the Alberta Energy Regulator (“AER”) sent a sombre reminder to licensees and their directors and officers, of their corporate responsibilities when ceasing operations because of insolvency or for any other reason. Bulletin 2016-10 reinforced the need for compliance with all AER requirements when ceasing operations. Among several other obligations, such as ensuring… Continue Reading

New Consultation Policy and Guidelines for Métis Settlements in Alberta

Posted in Aboriginal, Constitutional Law, Consultation, Project Development, Project Permitting, Regulatory, Regulatory Compliance
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On April 4, 2016, the Government of Alberta (“GoA”) implemented its first formal consultation process between the government, project proponents, and Métis Settlements with the release of The Government of Alberta’s Guidelines on Consultation with Métis Settlements on Land and Natural Resource Management, 2016 (“Guidelines”) and The Government of Alberta’s Policy on Consultation with Métis… Continue Reading

Government of Canada Proposes Methodology for Estimating Upstream GHG Emissions in Major Project Review

Posted in Aboriginal, Consultation, Environmental, Mining, Oil & Gas Law, Project Development, Project Permitting, Regulatory, Regulatory Compliance
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Late last week, the Government of Canada released a proposed methodology for estimating upstream GHG emissions from proposed oil and gas projects undergoing federal environmental assessment. This comes on the heels of the Government’s announcement in late January of its new guiding principles for project review, one of which included assessment of “direct and upstream… Continue Reading

Alberta Energy Regulator Institutes Changes to Compliance and Enforcement Program

Posted in Mining, Oil & Gas Law, Project Development, Project Permitting, Public Utility, Regulatory, Regulatory Compliance
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On February 12, 2016, the Alberta Energy Regulator (“AER”) overhauled its compliance and enforcement program with the release of the Integrated Compliance Assurance Framework (“ICAF”) and Manual 013: Compliance and Enforcement Program (“Manual 013”).The ICAF and Manual 013 supersede and replace Directive 019:Compliance Assurance (“Directive 019”). The AER indicated that the purpose for rescinding Directive… Continue Reading

BC Supreme Court Revisits Issue of Federal Paramountcy

Posted in Aboriginal, Consultation, Environmental, Mining, Oil & Gas Law, Project Development, Project Permitting, Regulatory, Regulatory Compliance
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On January 14, the Supreme Court of British Columbia found that the Province had improperly abdicated its decision making authority with respect to the Enbridge Northern Gateway Project by entering into an Equivalency Agreement with the federal government. Furthermore, the Court found that the Province had breached its duty to consult with First Nations by… Continue Reading

Federal Government Releases Guiding Principles for Project Review

Posted in Aboriginal, Consultation, Environmental, Mining, Oil & Gas Law, Project Development, Project Permitting, Regulatory, Regulatory Compliance
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In a set of press releases issued today (here and here), the Government of Canada announced 5 principles that it says will guide its discretionary decision-making for projects being reviewed in environmental assessment, along with a set of interim measures it says will be implemented in two existing pipeline reviews. While today’s announcements will likely have… Continue Reading

Losing the Battle but Winning the War?

Posted in Aboriginal, Constitutional Law, Mining, Oil & Gas Law, Project Development, Project Permitting, Regulatory
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On November 4, 2015, the Yukon Court of Appeal released its decision in the Peel River case that we first reported on here.  The decision focussed on whether the Yukon Government properly followed the land use planning process set out in three modern land claims agreements in the development of a land use plan for… Continue Reading

AER Releases Draft Requirements for Oil Sands Tailings Management

Posted in Oil & Gas Law, Project Development, Project Permitting, Regulatory, Regulatory Compliance
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On September 17, 2015, the Alberta Energy Regulator (the “AER”) released its draft Directive Fluid Tailings Management for Oil Sands Mining Projects (the “Draft Directive”). The Draft Directive establishes new requirements that operators must meet to manage tailings during and after mine operations, including application filing requirements, the review and approval processes and performance reporting for… Continue Reading

Bulletin 2015-28: The AER Will Be Publishing Participation and Procedural Decisions

Posted in Aboriginal, Administrative Law, Consultation, Environmental, Mining, Oil & Gas Law, Project Development, Project Permitting, Public Utility, Regulatory, Regulatory Compliance
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On September 23, 2015, the Alberta Energy Regulator released Bulletin 2015-28: “Posting of Participation and Procedural Decisions” a significant change in the AER’s practice with respect to the publishing of its decisions. Until now, relatively few AER decisions were directly available on the AER’s website. To date, only five AER decisions from 2015 have been… Continue Reading

“Free, Prior and Informed Consent” to become part of Alberta law?

Posted in Aboriginal, Administrative Law, Constitutional Law, Consultation, Environmental, Mining, Oil & Gas Law, Project Development, Project Permitting, Regulatory, Regulatory Compliance
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On July 7, 2015, Alberta’s Premier Rachel Notley directed her Cabinet Ministers to review their Ministries’ policies, programs and legislation that may require changes based on the principles of the United Nations Declaration on the Rights of Indigenous Peoples (UN Declaration). Premier Notley tasked her Ministers to “engage directly with Indigenous people to find a… Continue Reading