Author Archives: Kristen van de Biezenbos

About Kristen van de Biezenbos

J.D. (Tulane University Law School), M.F.A. (University of New Orleans), B.A. (University of Tennessee). Associate Professor. Please click here for more information.

Alberta Court of Appeal Rules on Role of Honour of the Crown and Reconciliation in AUC Rate Applications

By: Kristen van de Biezenbos

PDF Version: Alberta Court of Appeal Rules on Role of Honour of the Crown and Reconciliation in AUC Rate Applications

Case Commented On: AltaLink Management Ltd v Alberta (Utilities Commission), 2021 ABCA 342 (CanLII)

The overarching mandate of the Alberta Utilities Commission (AUC or the Commission) is to ensure just and reasonable electricity rates for consumers, and much of the work they do is geared towards deciding whether the costs that businesses involved in the electricity sector have incurred or are set to incur can be passed down to ratepayers. AltaLink Management Ltd v Alberta (Utilities Commission), 2021 ABCA 342 (CanLII), a recent decision from the Alberta Court of Appeal (ABCA) adds a new dimension to what is usually a strictly fact-based economic calculation when the applicant is an Indigenous-owned company or partnership. The Court charts new territory by making it clear that the AUC’s decisions in such cases must uphold the honour of the Crown and be made in a manner consistent with the principle of Reconciliation. Continue reading →

Your Concerns Have Been Noted: Citizen Participation in Pipeline Regulatory Processes Under the Proposed Impact Assessment Act

By: Kristen van de Biezenbos

PDF Version: Your Concerns Have Been Noted: Citizen Participation in Pipeline Regulatory Processes Under the Proposed Impact Assessment Act

Bill Commented On: Bill C-69, 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

This post continues the Natural Resources, Energy, and Environmental Law group’s series on the proposed legislative changes in Bill C-69 by examining the provisions pertaining to citizen participation in the pipeline review processes outlined in the Impact Assessment Act (IAA) and comparing them to the existing provisions in the Canadian Environmental Assessment Act, 2012, SC 2012, c 19, s 52, (CEAA, 2012). This post also considers whether the proposed provisions put forth in the IAA effectively address some of the concerns raised about the lack of meaningful citizen participation in pipeline review processes under the existing regime. Continue reading →