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Posted in: Facilities | Practice & Procedure | Canada (Federal)

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Supreme Court of Canada Rules That NEB Can Fulfill the Duty to Consult By Stephanie D’Amico and David Stevens Aug 09, 2017 Introduction On July 26, 2017, the Supreme Court of Canada (SCC) released companion decisions that address the extent and manner in which regulatory agencies can participate in the Crown’s duty to consult Aboriginal groups. Clyde River (Hamlet) v. Petroleum Geo‑Services Inc. and Chippewas o...
Energy Storage Developments in Canada, the U.S. and Beyond in the Last Twelve Months By David Stevens and Jasmine Chung Jul 27, 2017 The topic of energy storage has been front and centre in the energy world in the past twelve months. As discussed previously (here and here), energy storage has been referred to by many commentators as a "game changer" because it will greatly improve the efficient use of electricity resources (ge...

Posted in: British Columbia | Canada (Federal) | Facilities

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Federal Court of Appeal Finds That BC Pipeline May Be Subject to NEB Jurisdiction By David Stevens Jul 25, 2017 On July 19, 2017, the Federal Court of Appeal released its Decision in a case related to the National Energy Board’s (NEB) jurisdiction over the proposed Prince Rupert Gas Transmission Project (PRGTP). The Court reversed an earlier NEB Decision holding that the NEB had no jurisdiction over the P...
Federal Government Issues Discussion Paper About Modernizing Energy Project Review Processes By David Stevens Jul 07, 2017 On June 29, 2017, the Federal Government released a Discussion Paper on Environmental and Regulatory Reviews. As set out in its “Purpose” statement, the Discussion Paper “outlines the changes that the Government is considering for Canada’s environmental assessment and regulatory processes that wi...

Posted in: Climate Change / Renewables | Energy Policy | Canada (Federal)

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NEB Reports Discuss GHG Emissions By Economic Sector, Including Residential Electricity Consumption By David Stevens Jun 23, 2017 In two recent “Market Snapshot” reports, the National Energy Board (NEB) provided information about the main sources of greenhouse gas (GHG) emissions in Canada during 2015. These reports offer some insight into the main areas where GHG emissions reductions might be targeted in coming...

Posted in: Climate Change / Renewables | Energy Policy | Facilities | Canada (Federal)

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Federal Government Releases Draft Rules to Reduce Methane Emission in Oil and Gas Sector By David Stevens Jun 02, 2017 On May 25, 2017, the federal government released a draft of the Regulations Respecting Reduction in the Release of Methane and Certain Volatile Organic Compounds (Upstream Oil and Gas Sector). The proposed regulations aim to reduce intentional and unintentional methane emissions by imposing restr...

Posted in: Climate Change / Renewables | Energy Policy | Canada (Federal)

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National Carbon Pricing Slated for 2018 Implementation By David Stevens and Jasmine Chung Jun 01, 2017 On May 18, 2017, the federal government released a technical report regarding the much-anticipated national carbon pricing framework. As previously discussed, provinces will have until the end of 2017 to set their own pricing. Starting January 1, 2018, however, federally-imposed pricing will take...

Posted in: Practice & Procedure | Facilities | Energy Policy | Canada (Federal)

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Expert Panel Releases Report on Modernization of the NEB By David Stevens May 18, 2017 On May 15, 2017, the Expert Panel on the Modernization of the National Energy Board (NEB) released their report, titled “Forward, Together: Enabling Canada’s Clean, Safe and Secure Energy Future” (the Report). A key recommendation in the Report is the need for a clearly-defined ...
NEB Publishes Energy East Project Draft Lists of Issues For Comment By David Stevens May 16, 2017 On May 10, 2017, the National Energy Board (NEB) issued a letter on the draft Lists of Issues related to the Energy East and Eastern Mainline pipeline projects, as well as draft Factors and Scope of the Factors to be considered in the NEB’s environmental assessment of each project. As we ha...
Legislation Introduced to Implement Ontario’s “Fair Hydro Plan” By David Stevens May 15, 2017 On May 11, 2017, the Ontario Government introduced Bill 132, which is intended to implement the government’s promised Fair Hydro Plan (discussed in earlier posts, here and here). The main part of Bill 132 is the Ontario Fair Hydro Plan Act, 2017, which is included as Schedule I and is refer...

Posted in: Practice & Procedure | Canada (Federal) | Facilities

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NEB Makes Key Pipeline Safety Standard Available For Free By David Stevens Apr 17, 2017 On April 6, 2017, the National Energy Board (NEB) announced that it is launching a one-year pilot project to make a key pipeline safety standard available to the public free of charge. Up to this point, the Oil and Pipeline Safety Systems Standard from the Canadian Standards Association (CSA Z662...

Posted in: Energy Policy | Practice & Procedure | Canada (Federal) | Facilities

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Federal Expert Panel Releases Report on Environmental Assessment Processes By David Stevens Apr 11, 2017 On April 5, 2017, the Expert Panel appointed by Canada's Minister of Environment and Climate Change released their report on the review of federal environmental assessment processes. The report, titled Building Common Ground: A New Vision for Impact Assessment in Canada, describes the consultatio...

Posted in: Energy Policy | Canada (Federal) | Facilities | Climate Change / Renewables

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Federal Budget Offers Opportunities for Cleantech Firms and Geothermal Energy By David Stevens Mar 24, 2017 On March 22, 2017, Minister Bill Morneau presented the 2017 Federal Budget to Parliament (Budget 2017). As discussed in the Aird & Berlis LLP Tax News Flash, Budget 2017 addresses a wide range of items and proposes to build on the Government's previous actions and to introduce targeted invest...

Posted in: Practice & Procedure | Canada (Federal) | Facilities

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TransCanada Wants to Build New Pipeline Before PNW LNG Facility Proceeds By David Stevens Mar 23, 2017 On March 20, 2017, TransCanada Corporation (through its affiliate NOVA Gas Transmission Ltd.) filed an application with the National Energy Board (NEB) asking to amend conditions of approval for the North Montney Mainline natural gas pipeline project (the NMML). The NEB had approved the NMML proj...

Posted in: Canada (Federal) | Consumer Protection | Climate Change / Renewables

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NRCan Developing Stringent Energy Efficiency Standards For Appliances and Equipment By David Stevens Mar 08, 2017 On March 4, 2017, Natural Resources Canada (NRCan) issued a Notice to initiate the development of new or more stringent energy efficiency standards for 17 product categories of appliances and equipment. This is the first step in a consultation process that will result in updates to the Energy Eff...

Posted in: Practice & Procedure | Canada (Federal) | Facilities

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NEB to Restart Energy East Hearing Process By David Stevens Jan 30, 2017 On January 27, 2017, the National Energy Board (NEB) announced that the new Hearing Panel appointed to review TransCanada's Energy East and Eastern Mainline projects has voided all decisions from the previous panel. This means that the hearing process will have to be restarted, with all prior dec...

Posted in: Energy Policy | Canada (Federal)

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Details About NEB Modernization Expert Panel Consultations Released By David Stevens Jan 18, 2017 On January 16, 2017, Natural Resources Minister Carr announced details about the upcoming cross-Canada consultations to be undertaken by the Expert Panel tasked with providing recommendations on modernizing the National Energy Board (NEB). This is the next step to implement the Terms of Reference...

Posted in: Canada (Federal)

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Supreme Court of Canada Rejects Claim Against Alberta Energy Regulator By Fred D. Cass Jan 16, 2017 In a decision released on January 13, 2017, the Supreme Court of Canada dismissed an appeal from an order striking out a claim made against the Alberta Energy Regulator. This was a split decision of the Supreme Court, in that Cromwell J. delivered reasons for dismissing the appeal on behalf of hi...

Posted in: Practice & Procedure | Canada (Federal) | Facilities

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NEB Moves Closer to Resuming its Review of the Energy East Proposal By David Stevens Jan 12, 2017 On January 10, 2017, the National Energy Board (NEB) announced the appointment of the three new panel members who will consider TransCanada's Energy East pipeline project. The hearing panel will be composed of presiding member Don Ferguson, along with Carole Malo and Marc Paquin.The NEB's announc...

Posted in: Energy Policy | Canada (Federal) | Facilities | Climate Change / Renewables

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Federal Government Announces Plan to Phase Out Coal by 2030 Nov 22, 2016 On November 21, 2016, the Government of Canada announced that it plans to phase out coal-powered electricity and accelerate the move to new sources of clean energy by 2030 (the Announcement). The goal of the Announcement is to have Canada producing 90 percent of its electricity from all clean sou...

Posted in: Energy Policy | Canada (Federal) | Facilities

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Minister Carr Appoints the NEB Modernization Expert Panel By David Stevens Nov 10, 2016 On November 8, 2016, Natural Resources Minister Carr announced the members of the Expert Panel that will provide recommendations on modernizing the National Energy Board (NEB). The members of the NEB Modernization Expert Panel are David Besner, Wendy Grant-John, Brenda Kenny, Hélène Lauzon (co-ch...

Posted in: Practice & Procedure | Canada (Federal) | Facilities

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Ottawa Issues New Regulation Setting Pipeline Companies' Financial Obligations By David Stevens Oct 24, 2016 Recently, the Federal Government published its proposed Pipeline Financial Requirements Regulation. This new Regulation would implement some aspects of the new Federal Pipeline Safety Act that came into force in June 2016.As we discussed earlier, the Pipeline Safety Act imposes greater obligation...

Posted in: Canada (Federal) | Facilities | Climate Change / Renewables

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National Energy Board Releases Report on Canada's Renewable Power Landscape Oct 18, 2016 On October 14, 2016, the National Energy Board (NEB) released a report on Canada's Renewable Energy Landscape (the Report). The Report is one of a series of publications on energy supply, demand and infrastructure that the NEB publishes regularly as part of its ongoing market monitoring.One of th...

Posted in: Practice & Procedure | Canada (Federal) | Facilities

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NEB Provides Details About "Novel" Energy East Hearing Process By David Stevens Aug 03, 2016 On July 20, 2016, the National Energy Board (NEB, or the Board) issued its Hearing Order for TransCanada's Energy East Pipeline Project. As we have previously described, the planned hearing process includes some new elements, including public meetings in many affected locations, participation by ...
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