Project Law Blog

Category Archives: Public Utility

Subscribe to Public Utility RSS Feed

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
Comment

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
Comment

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
Comment

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
Comment

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

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
Comment

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

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

Posted in Mining, Oil & Gas Law, Project Development, Public Utility, Regulatory, Regulatory Compliance
Comment

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
Comment

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
Comment

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
Comment

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
Comment

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

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
Comment

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

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
Comment

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

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
Comment

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

Supreme Court Determines Regulator Discretion is Wide and the Prudency Test is Ongoing

Posted in Administrative Law, Public Utility, Regulatory, Regulatory Compliance
Comment

The past week has seen three significant decisions relating to the manner in which the rates of public utilities are to be determined in Canada. Although one can argue about whether the decisions clarify and confirm existing law or create new law, no one can reasonably dispute that utilities face new challenges to establish rates… Continue Reading

Supreme Court of Canada Grants Tsilhqot’in Nation a Declaration of Aboriginal Title

Posted in Aboriginal, Administrative Law, Constitutional Law, Consultation, Environmental, Mining, Oil & Gas Law, Project Development, Project Permitting, Public Law, Public Utility, Regulatory, Regulatory Compliance
Comment

Introduction On June 26, 2014, the Supreme Court of Canada (“SCC”) released its much anticipated decision on Aboriginal title in the Tsilhqot’in case and surprised many by granting the Tsilhqot’in Nation a declaration of Aboriginal title to approximately 200,000 hectares (2,000 km2) of land. The Tsilhqot’in case is the first case decided by the SCC… Continue Reading

British Columbia Gives Utility Regulator New Fangs

Posted in Administrative Law, Public Utility, Regulatory
Comment

British Columbia has become the latest North American jurisdiction to give utility regulators – in this case the BC Utilities Commission –  the power to impose “administrative penalties”.  Administrative penalties are like fines, but are imposed directly by the regulator outside the court process.  The fines can range from $25,000 to $1,000,000 per day, depending… Continue Reading

Alberta to Repeal Exemption for Critical Transmission Infrastructure

Posted in Public Utility, Uncategorized
Comment

Since 2009, the Alberta government has reserved for itself the right to exempt electricity transmission projects from review by the Alberta Utilities Commission.   Exempted projects have been referred to as Bill 50 Projects, Bill 50 being the name of the law when it was first proposed.  Billions of dollars worth of Bill 50 Projects have… Continue Reading