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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...

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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.

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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...

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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.”

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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 ...

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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.

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Measurement Canada to Regulate Thermal Energy Meters By David Stevens Apr 17, 2019 Until recently, there have not been any specific requirements for thermal energy meters within the Weights and Measures Act. However, as of July 1, all newly-installed thermal energy meters will have to be approved by Measurement Canada.

Posted in: Canada (Federal) | Energy Policy

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Federal Government Recruiting For New Canadian Energy Regulator Positions By Zoë Thoms Mar 22, 2019 The government is proposing to replace the NEB with the Canadian Energy Regulator in order to “help restore investor confidence, re-build public trust and advance Indigenous reconciliation – all while ensuring good projects go ahead and our energy resources get to markets responsibly.”

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Ontario Announces “Made-in-Ontario” Emissions Standards By Zoë Thoms Feb 22, 2019 The Ontario government announced new emission reduction standards as part of its plan to address climate change without imposing a carbon tax. The province developed the Emissions Performance Standards as an alternative to the federal Output-Based Pricing System.

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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...

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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.

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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.

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Federal Government Announces Carbon Tax Systems For Ontario, New Brunswick, Manitoba and Saskatchewan By Zoë Thoms and Jonathan Yantzi Nov 09, 2018 On October 23, 2018, the federal government announced details regarding the federal carbon tax systems that it will implement in Ontario, New Brunswick, Manitoba and Saskatchewan (the “federal backstop jurisdictions”) in 2019. The federal backstop jurisdictions did not design their own pollution ...

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Ontario to Challenge Federal Carbon Pricing Statute as Unconstitutional By Zoë Thoms and Jonathan Yantzi Sep 28, 2018 The Government of Ontario recently filed a reference with the Court of Appeal challenging the federal government’s carbon tax legislation as unconstitutional. On July 25, 2018, the newly-elected Ontario government introduced legislation to cancel the Ontario Cap and Trade Program.

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Federal Court of Appeal Quashes Cabinet Approval of Trans Mountain Pipeline Expansion By David Stevens and Matthew Helfand Sep 05, 2018 On August 30, 2018, the Federal Court of Appeal released its decision in the matter of Tsleil-Waututh Nation et al. v. Attorney General of Canada et al. In this decision, the court has quashed Cabinet’s approval of the Trans Mountain pipeline expansion project.

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Ottawa Eases Carbon Tax Threshold While Ontario Government Launches Court Challenge Against Tax By Zoë Thoms and Peter Dalglish Aug 10, 2018 On July 27, 2018, the federal government announced that large industrial companies will face a less-stringent threshold on emissions penalties when Ottawa’s carbon tax rolls out on January 1, 2019.

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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.

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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)

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Supreme Court to Revisit Standard of Review in Appeals of Administrative Decisions By Zoë Thoms May 10, 2018 In a recent decision granting leave to appeal, the Supreme Court of Canada signalled its intention to once again consider the nature and scope of judicial review of administrative action, specifically the question of standard of review.

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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...

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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...

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