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

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The Federal Court of Appeal Grants Leave to Six Judicial Review Applications That Seek to Quash the Reapproval of the Trans Mountain Expansion Project By David Stevens and Codie Mitchell Sep 11, 2019 The Trans Mountain pipeline expansion project is once again in the hands of the Federal Court of Appeal after the September 4, 2019 decision in Raincoast Conservation Foundation v. Canada (Attorney General).

Posted in: Canada (Federal) | Energy Policy

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Government of Canada Establishes the Canadian Centre for Energy Information By David Stevens Aug 28, 2019 As promised in the 2019 Budget, the federal government is moving forward with the “Canadian Centre for Energy Information.” The Centre is a partnership between Natural Resources Canada and Statistics Canada.
Climate Change Litigation: Actions Against Corporations By Zoë Thoms and Christian Nianiaris Aug 27, 2019 Both public and private actors have brought litigation against corporations involved in the fossil fuel industry seeking redress for costs arising from climate change impacts.

Posted in: Energy Policy | Ratemaking | Practice & Procedure | Ontario

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OEB to Hear Review Motion Regarding Electricity Distributor’s Proposal for New Office By Fred D. Cass Aug 26, 2019 In August 2019, the Ontario Energy Board issued procedural orders with respect to the hearing of a motion for review of its earlier decision on an application made by Energy+ Inc. for approval of an Advanced Capital Module project.
OEB Launches Review of Electricity Distributors’ DER Connection Policies By David Stevens Aug 21, 2019 On August 13, 2019, the Ontario Energy Board issued a letter launching a review of the requirements for licensed electricity distributors to connect distributed energy resources (DER Connections Review). The DER Connections Review is a companion initiative to the OEB’s ongoing Responding to DERS ...

Posted in: British Columbia | Energy Policy | Climate Change / Renewables

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BCUC Completes EV Charging Inquiry With Recommendations About Regulated Utilities’ Role By David Stevens Aug 15, 2019 In June 2019, the British Columbia Utilities Commission (BCUC) issued the Phase 2 Report from its Inquiry into the Regulation of Electric Vehicle (EV) Charging Service. This Report looked at the role that might be played by regulated utilities in providing EV charging services and concluded ...

Posted in: Powerful Women

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Powerful Women: Paula Conboy By Zoë Thoms Aug 13, 2019 We are pleased to profile Paula Conboy, Chair of the Australian Energy Regulator, in our ongoing Powerful Women series. In this interview, Paula shares her insight on the challenges facing the energy sector and offers five pieces of advice to women starting their careers in the industry.

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

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B.C. Pipeline Not Subject to Federal Jurisdiction Says NEB By David Stevens and Emily Chittick Aug 08, 2019 The National Energy Board (NEB) has determined that the Coastal GasLink Pipeline Project (CGLP) does not fall within its jurisdiction. The CGLP is a proposed 670 km natural gas pipeline entirely within the province of British Columbia that would supply the LNG Canada project. The CGLP was authori...
2019: Energy Storage Developments in the Last Twelve Months By David Stevens and Emily Chittick Aug 02, 2019 Over the past few years, we have provided annual updates on the topic of energy storage in North America and elsewhere. In this article, we will explore storage developments in Canada, the United States and beyond since our post last summer.

Posted in: Facilities | Energy Storage | Ratemaking | Ontario | Energy Policy

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OEB Taking a “Refreshed Approach” to Its DER and Utility Remuneration Consultation By David Stevens Jul 24, 2019 On July 17, 2019, the Ontario Energy Board (OEB) issued a letter explaining its “refreshed” approach to stakeholder engagement for its previously-announced consultation processes on Utility Remuneration and Responding to Distributed Energy Resources (DERs). Among other things, the OEB’s updated a...

Posted in: Ontario | Practice & Procedure | Consumer Protection | Ratemaking

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Ontario Government Planning Expanded Rebate to Electricity Customers By David Stevens Jul 18, 2019 On July 9, the Ontario government posted a Proposal of planned changes to regulations under the Ontario Rebate for Electricity Consumers Act, 2016 that are intended to allow for and direct expanded on-bill rebates or credits for Ontario electricity consumers.

Posted in: Environmental Issues | Energy Policy | Climate Change / Renewables

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Climate Change Litigation: Urgenda Update By Zoë Thoms and Christian Nianiaris Jul 05, 2019 In Urgenda Foundation v. The State of the Netherlands (2015), the State of Netherlands was found by the court to have an affirmative duty toward its citizens to take action against climate change. Since the initial decision, plaintiffs in other jurisdictions have used it as a framework to bring c...

Posted in: Climate Change / Renewables | Ontario | Energy Policy

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Ontario Court of Appeal Rules That Federal Carbon Pricing Act Is Constitutional By Zoë Thoms and Emily Chittick Jul 04, 2019 The Ontario Court of Appeal has ruled that federal carbon pricing is constitutional. In a 4-1 decision, the court rejected Ontario’s claim that the federal carbon levy is outside the federal government’s jurisdiction. This decision comes just a month after the Saskatchewan Court of Appeal release...

Posted in: Practice & Procedure | Climate Change / Renewables | Facilities | Ontario

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Amendments to Ontario’s Renewable Energy Facility Regulations By Emily Chittick and David Stevens Jun 21, 2019 On May 31, 2019, the Ontario government published two new regulations relating to renewable energy facilities. The first – O. Reg. 121/19: Transitional Matters – Renewable Energy Generation Facilities – made under the Planning Act, provides clarity on the authority of municipal planning authoriti...

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

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Canada’s Carbon Pricing Strategy Falls Short of Paris Agreement Target By David Stevens and Stan Fedun Jun 18, 2019 A recent report published by the Office of the Parliamentary Budget Officer, Closing the Gap: Carbon pricing for the Paris target, estimates that Canada will need to impose a total carbon tax of $102 per tonne if it wishes to meet its Paris Agreement emissions target by 2030. Under the Paris Agre...
Alberta Passes Legislation to Repeal Provincial Carbon Tax By Stan Fedun and David Stevens Jun 17, 2019 Shortly after Alberta’s United Conservative Party won a majority mandate, Premier Jason Kenney announced the first order of business for his government would be to “repeal the carbon tax, implement the Job Creation Tax Cut, cut red tape and open Alberta for business.”

Posted in: Facilities | Utility 2.0 | Ontario | Energy Policy

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The Power Forward Challenge – Natural Resources Canada and the UK Department for Business Energy & Industrial Strategy Reward Innovation By Ron W. Clark and Christian Nianiaris Jun 11, 2019 Natural Resources Canada’s and the UK Department for Business Energy & Industrial Strategy’s Power Forward Challenge is meant to galvanize the path toward a more sustainable future by exploring innovative smart grid technologies. Canadian and U.K. companies are competing to transform our means of...

Posted in: Canada (Federal) | British Columbia | Practice & Procedure

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Breach of Court Order Leads to Jail Time By Cynthia R. C. Sefton Jun 10, 2019 The British Columbia Court of Appeal has dismissed an appeal from an order of the province’s Supreme Court, in which that court sentenced a number of individuals to 14 days imprisonment each. The individuals who appealed pleaded guilty to violating an injunction order which restrained protestors ...

Posted in: Environmental Issues | Climate Change / Renewables | Energy Policy

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Update on Climate Change Litigation By Zoë Thoms and Christian Nianiaris Jun 07, 2019 The decision in Urgenda Foundation v. The State of the Netherlands (2015) set the framework for climate change litigation across the globe. Since our last post about climate change litigation directly following the Urgenda decision, substantial developments have occurred and there have been a lar...

Posted in: Practice & Procedure | Facilities | Ontario

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Warrantless Inspections Under the EPA and Potential Implications For Energy Companies By Dennis M. O'Leary and Christian Nianiaris May 30, 2019 A recent Ontario Court of Appeal decision confirms that only a low threshold must be met for Ontario Ministry of the Environment and Climate Change provincial officers to conduct warrantless inspections of private property.
B.C. Does Not Have Jurisdiction to Regulate the Shipment of Bitumen Through the Province By David Stevens and Stan Fedun May 27, 2019 In a unanimous decision, the British Columbia Court of Appeal held British Columbia does not have jurisdiction to regulate the shipment of “heavy oil” through the province.

Posted in: Climate Change / Renewables | Saskatchewan | Ontario | Practice & Procedure

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Saskatchewan Court of Appeal Affirms Federal Carbon Pricing Act is Constitutional By Zoë Thoms and Emily Chittick May 24, 2019 Saskatchewan’s highest court has ruled that the federal carbon pricing legislation is constitutional. On May 3, 2019, the Saskatchewan Court of Appeal released its decision on the reference with a split 3-2 outcome stating that climate change is a vital national issue and the federal government h...

Posted in: Practice & Procedure | Ontario | Energy Policy

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Ontario Passes Legislation to “Reform” the OEB and Repeats Promise to Reduce Electricity Costs By David Stevens May 13, 2019 On May 9, the Ontario government passed Bill 87, which amends the OEB Act, the Electricity Act and the Fair Hydro Plan Act. Key items included in the new legislation are reforms to the structure of the Ontario Energy Board and changes to the “Fair Hydro Plan.”

Posted in: Climate Change / Renewables | Practice & Procedure

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CAMPUT 2019: The Elephant in the Room – the Uncertain Future of Carbon Pricing in Canada By Zoë Thoms May 10, 2019 Carbon emissions and the role of fossil fuel in Canada’s energy future was not the official theme of the 2019 CAMPUT Conference, but these issues came up in a number of panels over the three-day conference. An interesting session on May 7, 2019 looked at carbon pricing, “The elephant in the room ...
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