Inextricably Linked: Climate Policy and the Oil and Gas Sector’s Closure Liabilities

Posted on February 21, 2024 by Martin Olszynski

By: Martin Olszynski

Matter Commented On: Study on Emerging Issues Related to the Senate Standing Committee on Energy, Environment and Natural Resources’ Mandate: Climate Change – Canadian Oil & Gas Industry

PDF Version: Inextricably Linked: Climate Policy and the Oil and Gas Sector’s Closure Liabilities

On February 15, 2024, I appeared before the Senate Standing Committee on Energy, Environment and Natural Resources’ (ENEV) in the context of its study into emerging issues related to its mandate. As has been my practice in the past (see here and here), what follows are my prepared remarks, modified only for formatting purposes and to include hyperlinks to supporting resources where relevant. A recording of the hearing is available here; a hearing transcript should also be available upon translation. Continue reading →

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Legislative Reconciliation and Indigenous Rights of Self-Government: Reference re An Act respecting First Nations, Inuit and Métis children, youth and families

Posted on February 20, 2024 by Robert Hamilton

By: Robert Hamilton

Case Commented on: Reference re An Act respecting First Nations, Inuit and Métis children, youth and families, 2024 SCC 5 (CanLII) (“SCC Reference”).

PDF Version: Legislative Reconciliation and Indigenous Rights of Self-Government: Reference re An Act respecting First Nations, Inuit and Métis children, youth and families

The Supreme Court recently delivered its judgement on the constitutionality of the Act respecting First Nations, Inuit and Métis children, youth and families, SC 2019, c 24 (“the Act”). This post summarizes this long-awaited decision. Colleagues and I will provide more detailed analysis of the Court’s rationale and the implications of the decision in subsequent posts. Continue reading →

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Misunderstanding Cooperative Federalism: Environment and Climate Change Canada Unreasonably Failed to Protect Migratory Bird Habitat

Posted on February 19, 2024 by Drew Yewchuk

By: Drew Yewchuk

Case Commented on: Western Canada Wilderness Committee v Canada (Environment and Climate Change), 2024 FC 167 (CanLII)

PDF Version: Misunderstanding Cooperative Federalism: Environment and Climate Change Canada Unreasonably Failed to Protect Migratory Bird Habitat

Western Canada Wilderness Committee v Canada (Environment and Climate Change),  2024 FC 167 (CanLII)  is a recent decision of the Federal Court rejecting the federal Minister of Environment and Climate Change’s restrictive interpretation of migratory bird habitat under the Species at Risk Act, SC 2002, c 29 (SARA). The decision also offers some interesting notes about co-operative federalism in the environmental context. Continue reading →

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An Open Letter to Premier Danielle Smith Re: “Preserving choice for children and youth” Announcement

Posted on February 15, 2024 by Admin

Matter Commented On: Government of Alberta, News Release, “Preserving choice for children and youth” (1 February 2024)

PDF Version: An Open Letter to Premier Danielle Smith Re: “Preserving choice for children and youth” Announcement

Editor’s Note:

This post is a reproduction of a letter sent by faculty members, legal researchers, and staff at the University of Alberta and University of Calgary Faculties of Law to the Premier of Alberta regarding the government’s announcement of restrictions targeting transgender youth.

Premier Danielle Smith
Office of the Premier
307 Legislature Building
10800 – 97 Avenue
Edmonton, Alberta
T5K 2B6

By email: premier@gov.ab.ca

12 February 2024

Dear Premier Smith:

Re: “Preserving choice for children and youth” announcement

We are faculty members, legal researchers, and staff at the University of Alberta and University of Calgary Faculties of Law. We have come together to express our deep concerns with the government’s announcement of restrictions targeting transgender youth. These restrictions will harm Two-Spirit, trans, and gender diverse children and youth by undermining their education, restricting their access to healthcare, and narrowing their sport and recreation opportunities. We believe these restrictions violate their rights, as enshrined in the Canadian Charter of Rights and Freedoms (the “Charter”). Continue reading →

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Utility Law Meets Net Zero

Posted on February 9, 2024 by Nigel Bankes

By: Nigel Bankes

Decisions Commented on: Ontario Energy Board, “Decision and Order, EB-2022-0200, Enbridge Gas Inc, Application for 2024 Rates – Phase 1”, December 21, 2023 [Enbridge Decision]; British Columbia Utilities Commission, “FortisBC Energy Inc. Application for Certificate of Public Convenience and Necessity for the Okanagan Capacity Upgrade Project”, Decision and Order G-361-23, December 22, 2023 [Fortis Decision].

PDF Version: Utility Law Meets Net Zero

Utility connections for gas, electricity, and water tend to be long-lived, capital-intensive projects that typically depreciate over the expected life of the asset. At the same time, depreciation rates should also reflect the risk that an asset may be abandoned or cease to be “used and useful” before the end of its physical life. To give an easy (non-climate) example, suppose that a mine seeks an electrical utility connection.  The dedicated distribution line that the mine requires might be expected to have a useful life of 40 years, but the mine itself only has proven reserves for a twenty-year life. If the local utility provides service, it will seek approval to depreciate that line over a maximum of a 20-year period. If it were to use a 40-year period and the mine shut down as expected when the ore body was exhausted after 20 years, the utility would have a stranded asset; that is to say it would have an asset that had lost its utility before the end of its physical life and for which the utility could not obtain a return of the undepreciated cost of the asset (50%). Continue reading →

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