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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.

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.
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 ...
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.

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

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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.
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.

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)

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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.

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...
Saskatchewan Challenges Ottawa’s Proposed Carbon Tax By David Stevens Apr 26, 2018 On April 25, 2018, the Saskatchewan government announced that it has commenced a “reference case” to the Saskatchewan Court of Appeal, asking for a determination about whether the federal carbon levy will be "unconstitutional, in whole or in part." This is part of the effort of the Saskatchewan g...

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

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Legislation Introduced to Replace the NEB and Project Review Process By David Stevens Feb 14, 2018 On February 8, 2018, the federal government released Bill C-69 titled “An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts.” The new legislation is the culmination of the promise...

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: Facilities | Canada (Federal) | Ratemaking

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NEB Denies Request for a Proposed Long-Term Load Retention Service By David Stevens Jan 31, 2018 On January 22, 2018, the National Energy Board released a letter decision denying an application by Maritimes & Northeast Pipeline for approval of a load retention service and reduced toll to Irving Oil Ltd.

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

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Federal Government Releases Draft Carbon Pricing Proposal By David Stevens and Rebecca Hines Jan 23, 2018 On January 15, 2018, the federal government released the Greenhouse Gas Pollution Pricing Act, a draft legislative proposal regarding nationwide carbon pricing, as well as a regulatory framework regarding the output-based carbon pricing system that is proposed under the Act. The release of the Ac...

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

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NEB Predicts Canadian Fossil Fuel Use Will Peak in 2019 By Sean Green and David Stevens Nov 02, 2017 The National Energy Board (NEB) now predicts Canadian’s use of fossil fuels will peak around 2019. In a shift from previous years, the NEB’s report released in October 2017, titled Canada’s Energy Future 2017: Energy Supply and Demand Projections to 2040, credits advances in technology and climat...

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

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NEB Publishes Interactive Pipeline Incidents Tool By David Stevens Oct 26, 2017 Recently, the National Energy Board (NEB) published an interactive online tool that helps users access and review a wide range of information about pipeline incidents at NEB-regulated pipelines and facilities. This tool allows interested parties to find, compare, sort and review data about “repor...

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

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TransCanada Abandons Energy East Project By David Stevens Oct 05, 2017 On October 5, 2017, TransCanada Corporation announced that it will not proceed with the Energy East and Eastern Mainline projects. As a result, TransCanada will withdraw its applications to the National Energy Board for these projects.

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

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Court Orders Government to Reconsider its Approval of an Assignment of an Easement Related to the Trans Mountain Pipeline By David Stevens and Dillon Collett Oct 05, 2017 In a decision related to the Trans Mountain pipeline, the Federal Court of Appeal has decided against Kinder Morgan and the Federal Government. In Coldwater Indian Band v. Canada (Aboriginal Affairs and Northern Development), issued on September 26, 2017, the FCA held that the Minister of Indigen...
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