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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 ...
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: British Columbia | Ratemaking | Energy Policy

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British Columbia Utilities Commission Proceeds With Inquiry Into Regulation of Indigenous Utilities By David Stevens May 02, 2019 In response to direction from the British Columbia government (set out in an Order in Council), the British Columbia Utilities Commission has established an Inquiry Respecting the Regulation of Indigenous Utilities.
Top Energy Insider Posts of 2018 By Zoë Thoms Jan 21, 2019 2018 saw many interesting developments in the energy sector, both in Ontario and across Canada. The topic that got the most reads on Energy Insider in 2018 was the changes implemented by Ontario’s new provincial government. Other widely-read topics included developments at the Ontario Energy Boar...
BCUC Report Finds No Need For Regulation of Public EV Charging Stations By David Stevens Dec 12, 2018 On November 26, 2018, the British Columbia Utilities Commission issued its Phase I Report from its Inquiry into the Regulation of Electric Vehicle Charging Service. In this Report, the BCUC found that the public EV charging market does not exhibit monopoly characteristics and economic regulation ...
Ontario Government Files Arguments in Federal Carbon Pricing Challenge By Zoë Thoms Dec 07, 2018 The Ontario government recently filed a factum setting out its argument against the federal government’s carbon pricing legislation as unconstitutional. The factum expands on the arguments outlined in the statement of particulars previously filed by the Attorney General of Ontario.

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

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NEB Agrees to Consider Whether Pipeline Serving LNG Canada Project Requires NEB Approval By David Stevens Nov 12, 2018 In late October 2018, the National Energy Board issued a letter indicating that the NEB will consider a jurisdictional challenge over whether the NEB must approve the Coastal GasLink Pipeline that would serve the recently-confirmed LNG Canada project.

Posted in: Practice & Procedure | Energy Policy | British Columbia

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B.C. Government to Undertake a Two-Phase Review of BC Hydro’s Costs, Competitiveness and Future By David Stevens and Peter Dalglish Jun 14, 2018 The government of British Columbia announced on June 11, 2018, that advisory groups consisting of government, BC Hydro and “experts” would begin a two-phase review of BC Hydro in an effort to cut costs and reduce rates for consumers, in addition to making the corporation more efficient and compet...

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

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Petronas Invests in British Columbia LNG Project By Zoë Thoms and Peter Dalglish Jun 08, 2018 Less than a year after cancelling the $36-billion Pacific Northwest LNG megaproject in British Columbia, Petronas announced on May 31, 2018, that one of its wholly-owned entities will assume a 25 per cent stake of the LNG Canada project located in Kitimat, B.C.

Posted in: Canada (Federal) | British Columbia

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Supreme Court of British Columbia Dismisses Challenges to Trans Mountain Pipeline Environmental Assessment By Zoë Thoms and Stan Fedun Jun 05, 2018 On May 24, 2018, the Supreme Court of British Columbia dismissed challenges to the Trans Mountain Pipeline Expansion Project by the City of Vancouver and the Squamish Nation.​ Both parties petitioned the Court to set aside the Environmental Assessment Certificate issued by British Columbia’s Mini...

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

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Government of Canada Purchases Trans Mountain Pipeline Expansion Project for $4.5 Billion By Zoë Thoms and Stan Fedun May 31, 2018 On May 29, 2018, the Government of Canada announced a $4.5 billion deal with Kinder Morgan to purchase the Trans Mountain pipeline and related terminal assets “in order to secure the timely completion” of the project.

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

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TransCanada Receives Approval for North Montney Mainline Project Modifications By Zoë Thoms and Stan Fedun May 30, 2018 On May 23, 2018, TransCanada Corporation, through its affiliate Nova Gas Transmission Limited (NGTL), received approval from the National Energy Board (NEB) to modify its North Montney Mainline (NMML) project certificate and other related modifications.

Posted in: Facilities | Energy Policy | Canada (Federal) | British Columbia | Alberta

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Alberta Passes Bill 12 Allowing Province to Restrict Exports of Oil and Gas to B.C. By Zoë Thoms May 18, 2018 The Alberta government passed Bill 12 – Preserving Canada’s Economic Prosperity Act on May 16, 2018, giving the province the ability to limit the export of oil and gas from the province. Bill 12 is aimed squarely at the Government of British Columbia’s opposition to the Trans Mountain pipeline pr...

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

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Federal Government to Intervene in B.C.’s TransMountain Reference Case By David Stevens May 04, 2018 On May 3, 2018, the federal Minister of Justice Jody Wilson-Raybould announced that the federal government will intervene in the British Columbia government’s reference question to the B.C. Court of Appeal. The Justice Minister indicated that “[w]e are confident in Parliament’s jurisdiction and w...

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

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B.C. Government Asks Court of Appeal to Affirm Right to Limit Bitumen Shipments Through the Province By Zoë Thoms Apr 27, 2018 The Government of British Columbia submitted a reference question to the B.C. Court of Appeal regarding the recently-announced regulations that will stop pipeline companies from increasing bitumen shipments through the province. The government is looking for the court to affirm its jurisdiction t...

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

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Uncertainty Leads to Suspension of Trans Mountain Pipeline Expansion By David Stevens Apr 10, 2018 On April 8, 2018, Kinder Morgan Canada Limited announced that it is “suspending all non-essential activities and related spending on the Trans Mountain Expansion Project.” Kinder Morgan noted that while it has the support of the federal, Alberta and Saskatchewan governments for the project, it fa...

Posted in: Ratemaking | Climate Change / Renewables | British Columbia

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British Columbia Utilities Commission Launches Inquiry to Review Regulation of Electric Vehicle Charging By Zoë Thoms Mar 13, 2018 The British Columbia Utilities Commission (BCUC) recently established an inquiry to review the regulation of electric vehicle (EV) charging services in the province.  The inquiry evolved out of an application by FortisBC Inc. for approval of a $9.00 per half hour EV charging rate for servic...

Posted in: Ratemaking | British Columbia | Energy Policy

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BCUC Rejects BC Hydro Request for a Rate Freeze By David Stevens Mar 08, 2018 On March 1, 2018, the British Columbia Utilities Commission (BCUC) issued its Decision and Order for BC Hydro’s revenue requirement and rates for fiscal years 2017 to 2019. In the decision, the BCUC approved rate increases of 4% effective April 1, 2016, 3.5% effective April 1, 2017, and 3% effect...

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

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British Columbia Announces New Regulations That May Stop Trans Mountain Pipeline Expansion By David Stevens Feb 02, 2018 On January 30, 2018, the British Columbia Minister of Environment and Climate Change Strategy announced that the province would introduce new regulations that will stop pipeline companies from increasing bitumen shipments. The justification for the new regulations is to given the province time to...

Posted in: British Columbia | Facilities | Energy Policy

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B.C. Decides to Move Ahead with Site C Dam By David Stevens and Nicholas Smith Dec 13, 2017 The Government of British Columbia has decided to proceed with construction of the Site C Dam following its review of the BC Utilities Commission (BCUC) Final Report. In an announcement made on December 11, 2017, Premier John Horgan expressed the difficulty faced by the NDP government in coming t...

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

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British Columbia Utilities Commission Issues Final Report About Site C Project By David Stevens and Nicholas Smith Nov 09, 2017 On November 1, 2017, the British Columbia Utilities Commission (BCUC) issued its Final Report on BC Hydro’s “Site C” hydroelectric project. This Final Report represents the culmination of a nearly three-month long investigatory and consultative process to re-examine the viability and appropriaten...
BCUC’s Preliminary Report About Site C Reaches Few Conclusions By David Stevens Sep 22, 2017 On September 20, 2017, the British Columbia Utilities Commission (BCUC) issued its Preliminary Report about BC Hydro’s “Site C” hydroelectric project. This is the final step in the “fact gathering” phase of the Government-ordered “Site C Inquiry Process.”...

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...

Posted in: British Columbia | Upcoming Events

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Attending CAMPUT? We Will See You There! May 01, 2017 David Stevens, Scott Stoll and Zoë Thoms will be attending the 2017 CAMPUT Annual Conference in Vancouver, BC from May 7 – 10. The CAMPUT Annual Conference has the reputation of being Canada’s most important conference dealing with energy and utility regulation. Our law...
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