The proposed Trans Mountain Expansion Project (the Project) involves a $7.4-billion expansion of the Kinder Morgan pipeline stretching from Edmonton to Burnaby, as well as the construction of new works such as pump stations and tanks and the expansion of an existing marine terminal. In December 2016, the Project received federal government approval, after the National Energy Board (NEB) recommended in May 2016 that the Project should proceed, subject to the satisfaction of 157 conditions. Under the Constitution Act of 1867, the regulation of international and inter-provincial transportation (which includes pipelines) falls within the exclusive jurisdiction of the … Continue Reading
The following article published in our firm’s newsletter could be of interest to many readers active in the energy industry across Canada. It discusses the applicable rules for lobbyist registration in Ontario, Ontario municipalities, Québec, British Columbia, Alberta and at the federal level.… Continue Reading
The National Power Group at McCarthy Tétrault LLP is pleased to introduce Canadian Power: Key Developments in 2015 /Trends to Watch for in 2016. This publication provides an unprecedented overview of the most significant developments in the Canadian power industry and highlights key trends to watch for. In addition to providing a detailed review of developments in each region, we look at developments in key areas of national scope, including project finance, environmental, regulatory and aboriginal law matters.
A full pdf version of Canadian Power: Key Developments in 2015 / Trends to Watch for in 2016 can be accessed … Continue Reading
On January 27, 2016, the Federal Government announced five principles that will guide its discretionary decision making powers on major natural resource projects. These principles are intended as an interim measure while the Government undertakes a broader review of the environmental assessment process. As stated in the December 2015 Speech from the Throne, the Government plans to introduce new environmental assessment processes as part of its efforts to restore public trust.… Continue Reading
The Supreme Court of Canada (the “SCC”) recently upheld the constitutional validity of administrative monetary penalties (“AMPs”) imposed under the Income Tax Act (the “ITA”) by concluding that they are of an administrative nature rather than of a criminal nature. This SCC decision might have consequences in other areas of law, in particular in environmental law, where the imposition of AMPs is now common practice.
On June 20, 2015, the federal Department of Transportation published the proposed Port of Prince Rupert Liquefied Natural Gas Facilities Regulations (Regulations) with respect to proposed liquefied natural gas (LNG) facilities to be built at Prince Rupert, British Columbia. The Regulations are issued under federal authority by virtue of the Canada Marine Act, which regulates Canadian ports. At present, there are four proposals for LNG facilities to be located at Prince Rupert, two are to be located wholly on federal port lands and two are to be located largely on provincial lands, with small portions on federal port lands.… Continue Reading
On February 26, 2015, following its third reading in the Senate, without amendment, Bill C-22, An Act respecting Canada’s offshore oil and gas operations, enacting the Nuclear Liability and Compensation Act, repealing the Nuclear Liability Act and making consequential amendments to other Acts (short title, Energy Safety and Security Act), was given Royal Assent and became an Act of Parliament. Bill C-22, as assented, is available here.… Continue Reading
The federal government announced on February 19, 2015 that accelerated capital cost allowance (CCA) treatment would apply to certain property used in liquefaction facilities for the domestic and export liquefied natural gas (LNG) markets and for LNG storage. The new measure signals the federal government’s support for Canada’s emerging LNG industry, and follows a concerted lobbying effort by LNG project proponents and industry associations.… Continue Reading
Bill C-22, An Act respecting Canada’s offshore oil and gas operations, enacting the Nuclear Liability and Compensation Act, repealing the Nuclear Liability Act and making consequential amendments to other Acts (the “Bill”) was first introduced in the House of Commons on January 30 2014 and was referred to the Standing Senate Committee on Energy, the Environment and Natural Resources for study on December 4, 2014.
On May 14, 2014, the federal Minister of Natural Resources, Minister of Transport, and Minister for the Federal Economic Development Initiative for Northern Ontario announced new measures designed to strengthen Canada’s pipeline safety system. These new measures reinforce the polluter pays principle and give the National Energy Board (“NEB”) greater regulatory control over Canada’s pipeline system, and include the following:… Continue Reading