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

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Supreme Court of Canada Rules Federal Carbon Pricing is Constitutional By Emily Chittick Mar 25, 2021 On March 25, the Supreme Court of Canada handed down its decision on the constitutionality of the... On March 25, the Supreme Court of Canada handed down its decision on the constitutionality of the federal government’s carbon pricing regime. In a 6-3 decision, the court ruled that the federal government has the right to impose minimum carbon-pricing standards on the provinces.

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A Look Back at Our Top Energy Stories From 2020 By David Stevens Jan 21, 2021 In the energy sector, the Ontario government announced a number of initiatives in 2020 to help th... In the energy sector, the Ontario government announced a number of initiatives in 2020 to help those who were struggling to pay their energy bills as a result of COVID-19. However, a few other issues made headlines as well and in this article, we look back at a few of the top stories we covered o...

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Ontario’s Carbon Emissions Standards to Replace the Federal Regime for Large Emitters in the Province By David Stevens and Sara Abhari Sep 25, 2020 On September 21, 2020, the Ontario Minister of the Environment, Conservation and Parks announced ... On September 21, 2020, the Ontario Minister of the Environment, Conservation and Parks announced that the federal government has accepted Ontario’s Emissions Performance Standards as an alternative to the federal carbon pricing regime.

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2020: Energy Storage Developments in the Last Twelve Months By David Stevens, Angela Oh and Benjamin Mayer-Goodman Aug 28, 2020 Each year, we highlight the growing prominence of the energy storage market. This article is our ... Each year, we highlight the growing prominence of the energy storage market. This article is our annual update on the topic of energy storage in Canada, the United States and beyond since our post last summer.

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Supreme Court Dismisses Appeal Against Approval of Trans Mountain Pipeline Expansion Project By David Stevens and Benjamin Mayer-Goodman Jul 03, 2020 On July 2, 2020, the Supreme Court of Canada dismissed an application for leave to appeal from a ... On July 2, 2020, the Supreme Court of Canada dismissed an application for leave to appeal from a group of First Nations in British Columbia who sought to challenge the federal Cabinet’s second approval of the Trans Mountain Pipeline Expansion Project.

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Alberta Court of Appeal Rules That Federal Carbon Levy is Unconstitutional By David Stevens Feb 26, 2020 On February 24, 2020, the Alberta Court of Appeal (Alberta CA) issued its decision in Reference re Greenhouse Gas Pollution Pricing Act, 2020, finding (by a 4:1 majority) that “the regulation of GHG emissions or any variation on this theme does not qualify for inclusion as a f...

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Federal Court of Appeal Dismisses Challenges to Cabinet Approval of Trans Mountain Expansion Project By David Stevens Feb 10, 2020 On February 4, the Federal Court of Appeal (FCA) released its decision in Coldwater First Nation v. Canada (Attorney General), dismissing judicial review applications challenging the federal Cabinet’s approval of the Trans Mountain Pipeline Expansion Project.

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Canada (Minister Of Citizenship And Immigration) v. Vavilov: Supreme Court of Canada Revisits the Standard of Review By Matthew Helfand Jan 07, 2020 In Canada (Minister Of Citizenship And Immigration) v. Vavilov, the Supreme Court of Canada charts a new course forward for determining the standard of review that applies when a court reviews the merits of an administrative decision.

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Federal Court Suspends Operation of Alberta’s “Turn Off The Taps” Legislation By David Stevens Oct 04, 2019 A recent Federal Court decision has granted the British Columbia Attorney General an interlocutory injunction suspending the operation of Alberta’s Preserving Canada’s Economic Prosperity Act. The decision prevents Alberta from making orders under section 2(2) of Bill 12 until th...

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Climate Change Litigation: ENvironnement JEUnesse v. Canada Update Sep 26, 2019 As we discussed in a prior article, climate change litigation has come to Canada. In November 2018, an environmental group called ENvironment JEUnesse (ENJEU or Jeunesse) applied to the court to authorize a class action against the Canadian government on behalf of Quebecers aged 35 and unde...

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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.

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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 ...

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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 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 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 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 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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