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Category: Energy Page 35 of 55

Energy Regulatory Forum: A Discussion on Bill C-69 Part 1: Canada Energy Regulator: A rose by any other name – what does it do; how does it work?

Presenters: Dennis Langen, Partner, Stikeman Elliott LLP; Sheila Leggett, President, Tower Peak Consultants Ltd.

Summarized By: David Hillier, BSc EnvS, University of Calgary JD Candidate 2020

PDF Version: Energy Regulatory Forum: A Discussion on Bill C-69 Part 1: Canada Energy Regulator: A rose by any other name – what does it do; how does it work?

Editor’s Note: This is the fourth in a series of blog posts that provides summaries of presentations from the ninth annual Energy Regulatory Forum, held in Calgary on May 28, 2018, as summarized by student attendees.

The first presentation at the 2018 Energy Regulatory Forum compared and contrasted Bill C-69 and the incoming Canadian Energy Regulator (CER) regime with the current National Energy Board (NEB) regulatory regime it is intended to replace (for an earlier ABlawg on this topic, see here). What important differences should those in the energy industry be aware of? What are the potential issues with the new regime? Dennis Langen and Shelia Leggett provided a brief tour through the proposed legislation, highlighted some of its key features, and discussed the significance of these regulatory changes.

Alberta Court follows Third Eye Capital v Dianor in a Royalty Characterization Case

By: Nigel Bankes

PDF Version: Alberta Court follows Third Eye Capital v Dianor in a Royalty Characterization Case

Case Commented On: Manitok Energy Inc (Re), 2018 ABQB 488 (CanLII)

In a welcome development Justice Karen Horner has followed the Ontario Court of Appeal’s recent decision in Third Eye Capital Corporation v Resources Dianor Inc.2018 ONCA 253 (CanLII) (the subject of a post here) and concluded that the royalty agreements at issue in this case were intended to create an interest in land and did in law create such an interest notwithstanding that the royalty was described as in interest in oil volumes once produced rather than as in interest in the minerals themselves.

Energy Regulatory Forum: Agency Counsel Update

Presenters: Meighan G. LaCasse, Counsel, Alberta Energy Regulator; Katherine Murphy, Associate General Counsel, National Energy Board; JP Mousseau, Counsel, Alberta Utilities Commission

Summarized by: Aaron Johnson, Law Student, University of Alberta

PDF Version: Energy Regulatory Forum: Agency Counsel Update

Editor’s Note: This is the third in a series of blog posts that provides summaries of presentations from the ninth annual Energy Regulatory Forum, held in Calgary on May 28, 2018, as summarized by student attendees.

Hamlet of Clyde River and Chippewas of the Thames First Nation – Impact on Alberta’s Administrative Tribunals: Alberta Energy Regulator, Alberta Utilities Commission, Natural Resources Conservation Board, National Energy Board

Presenters: Martin Ignasiak, Partner, Osler Hoskin & Harcourt LLP; Sandy Carpenter, Partner, Blake, Cassels & Graydon LLP

PDF Version: Hamlet of Clyde River and Chippewas of the Thames First Nation – Impact on Alberta’s Administrative Tribunals: Alberta Energy Regulator, Alberta Utilities Commission, Natural Resources Conservation Board, National Energy Board

Summarized by: Moira Lavoie (JD Candidate, University of Alberta)

Editor’s Note: This is the second in a series of blog posts that provides summaries of presentations from the ninth annual Energy Regulatory Forum, held in Calgary on May 28, 2018, as summarized by student attendees.

In July 2017, the Supreme Court of Canada released a set of decisions dealing with the duty to consult where an administrative agency serves as the final decision maker: Clyde River (Hamlet) v. Petroleum Geoservices Inc. 2017 SCC 40 (CanLII) and Chippewas of the Thames First Nation v Enbridge Pipelines Inc. 2017 SCC 41 (CanLII). Sandy Carpenter, counsel for the proponent in Clyde River, and Martin Ignasiak, counsel for Suncor in Chippewas, provided an overview of the two decisions and their implications for administrative agencies moving forward. In both cases the National Energy Board (NEB) was the final decision-maker on the proposed projects. The Crown was not involved in making the decision nor as a project proponent in either case.

Electricity Aspects of the Low Carbon Policy, Including Capacity Market Developments

Editor’s Note:

On May 28, 2018, regulatory law practitioners, representatives from regulatory bodies, and academics met in Calgary for the ninth annual Energy Regulatory Forum to discuss the state of regulatory law in Canada. These discussions focused on updates on recent judicial decisions, forecasting future solutions to Canadian regulatory law, and closed with updates from major energy agencies.

This will be the first of a series of blog posts, which will provide summaries of presentations from the forum, as summarized by student attendees.

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Electricity Aspects of the Low Carbon Policy, Including Capacity Market Developments

PDF Version: Electricity Aspects of the Low Carbon Policy, Including Capacity Market Developments

Presenter: Miranda Keating Erickson (Vice-President, Markets, Alberta Electric System Operator)

Summarized by: Logan Lazurko (JD Candidate 2020, University of Calgary)

On May 28, 2018, Miranda Keating Erickson, Alberta Electric System Operator (AESO) , presented at the annual Alberta Regulators Forum. Ms. Erickson spoke on AESO’s core responsibilities, Alberta’s evolving electricity industry, the renewable energy program, and the capacity market transition.

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