Tag Archives: energy law

ILN Today Post


In a decision given by Vice-Chair Paul Muldoon on November 22nd, 2013, the Environmental Review Tribunal (“ERT” or the “Tribunal”) granted the Appellants a limited, but potentially still very important right to challenge s. 142.1 of the Environmental Protection Act (“EPA”) as violating their right not to be deprived of security of the person under section 7 of the Charter of Rights and Freedoms except in accordance with the principles of fundamental justice. (See Dixon v Director of Ministry of the Environment, case nos. 13-084 to 13-089, herein referred to as “Dixon”) Section 142.1 allows residents of Ontario to require a hearing before the ERT only on the grounds that engaging in a renewable energy project in accordance with a renewable energy approval (“REA” will cause:  More…

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ILN Today Post

New ASX Reporting Requirements for Mining and Oil and Gas Entities

New ASX reporting requirements for mining entities and oil and gas entities contained in Chapter 5 of the ASX Listing Rules came into effect on 1 December 2013. The changes mandate a greater level of disclosure, and impose requirements to ensure better quality disclosure.

Mining entities

From 1 December 2013, mining entities are required to comply with the new Chapter 5 and the 2012 edition of the JORC Code*  (with the exception of the requirement for a pre-feasibility study or feasibility study to be completed in order to declare an ore reserve, which will come into effect on 1 December 2014). The new disclosure rules apply in respect of an entity publicly reporting in relation to a material mining project either exploration results, resource estimates or reserve estimates for the first time, or any new exploration results or material changes from previous resource and reserves estimates in respect of a material mining project. More…

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BC Hydro’s Integrated Resource Plan Released

Today, at long last, BC Hydro released its intergrated resource plan.

BC Hydro advises on its website that it has been accepted by Government.

Click here for a link to the full IRP.

Notable is the inclusion of a Clean Energy Strategy [pdf] which outline’s BC Hydro’s strategy to support the province’s clean energy sector and promote clean energy opportunities for First Nations communities.

More analysis to come….

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The Case For Electrifying BC’s Natural Gas Fields

It is no secret that beneath the surface of the northeast section of the province of British Columbia lies very large natural gas reserves. Last week, the Provincial Government announced that it believes the province has an astounding 3.93 quadrillion cubic feet of natural gas potential, of which 449 trillion cubic feet are estimated in the Montney gas field alone, roughly a 150 year supply (presumably based on current Canadian use).

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Wind Energy Development in British Columbia Lags Rest of Canada

The Canadian Wind Energy Association (CanWEA) released a map showing 7,051 MW of installed wind energy capacity across Canada. According to CanWEA, the top three wind generating provinces are: Ontario (2,366 MW), Quebec (1,866 MW) and Alberta (1,117 MW).

British Columbia lags the rest of Canada with only 3 operating wind projects (Bear Mountain, Dokie Ridge, and Quality) comprising a paltry 390 MW.  More are on the way however. Cape Scott (100 MW) is expected to come online soon and Tumbler Ridge and Meikle were awarded EPA’s with BC Hydro under the 2008 clean power call.

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Energy Law newsletter, November 2013

Dear reader,

We have compiled for you an overview of recent changes in energy law. We hope the summary will save your time catching relevant legal news for your business.

If you have any questions, comments or would like additional advise regarding topics below, get in touch with our experts using the contacts below. More…

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ILN Today Post


On October 24, 2013 the federal government finalized its amendments to the Regulations Designating Physical Activities under the Canadian Environmental Assessment Act (the Act). Designated projects that are regulated by the Canadian Nuclear Safety Commission (CNSC) or by the National Energy Board (NEB) and projects that the federal Environment
Minister has designated must undergo an environmental assessment (EA). The Minister’s designation power may be exercised when projects have unique characteristics because of their location or, as a result of public concern. The Canadian Environmental Assessment Agency (the Agency) is another responsible authority for designated projects and unlike the
CNSC and the NEB, projects designated by Regulation to the Agency don’t automatically trigger an EA, but require the Agency to further determine whether an EA is required. In conducting its screen, one consideration under section 10 of the Act is the possibility that carrying out the designated project may cause adverse environmental effects. More…

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Updated BC IPP Supply Map

Earlier this week, BC Hydro released an update in respect of the independent power producers(IPPs) currently supplying electricity to BC Hydro and those projects with EPAs but still under development.

Keep in mind that the projects BC Hydro lists as IPPs include: Rio Tinto Alcan’s hydro project, various forestry company biomass projects and the Waneta Expansion (not your garden variety IPPs, but certainly, “independent” of BC Hydro).

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Renewable Energy To Meet BC Premier’s Objectives

The prospect of new mines, natural gas drilling and the export of liquefied natural gas (LNG) has the Province of British Columbia on the brink of a period of unprecedented growth in the energy and natural resources sector.

In May, the BC Liberal Party under the leadership of Premier Christy Clark was elected on a platform of jobs and the economy. But what might have been missed in all of the hoopla is the Premier’s subtle yet impressive desire to achieve her objectives with the help of the Province’s clean and renewable energy sector, as evidenced by her letters to her cabinet ministers.

Shortly after the Premier appointed the new cabinet in June, she sent out distinct mandate letters to each of her ministers which set out her priorities for government and listed specific initiatives for each Ministry.

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ILN Today Post


Albert Engel, B.SC. (Hons), LLB, M.E.S.

On October 17, 2013, the Supreme Court of Canada (“SCC”) released its decision in Castonguay Blasting Ltd. v. Ontario (Environment), 2013 SCC 52 (“Castonguay”), and confirmed the status of Ontario’s Environmental Protection Act, R.S.O. 1990, c.E.19 (“EPA”) as remedial legislation that is entitled to a generous interpretation whose intended reach is wide and deep. In Castonguay, the SCC was asked to decide whether fly-rock that was propelled 90 metres into the air, some of which crashed through the roof of a home and some of which broke a car windshield and damaged a hood, was required to be reported to the Ministry of the Environment (“MOE”) as a discharge of a contaminant. More… 

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