Category: Energy Page 35 of 56

Public Interest Standing for NGOs to Test Whether CNLOPB can Effect an End-Run Around Maximum Term Provisions

Case Commented On: David Suzuki Foundation v Canada-Newfoundland Offshore Petroleum Board, 2018 NLSC 146

Corridor Resources Inc. (Corridor) received a nine year exploration licence (EL 1105) from the Canada-Newfoundland Offshore Petroleum Board (CNLOPB or Board) on January 15, 2008 under the terms of the federal and provincial legislation implementing the terms of the Atlantic Accord: Canada-Newfoundland and Labrador Atlantic Accord Implementation Act, S.C.1987, Ch. 3 (Federal Act), and Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act, R.S.N.L. 1990, c. C-2 (Newfoundland Act). As is customary, the EL was divided into two periods: Period I, five years and Period II, 4 years. In order to validate the licence for Period 2 Corridor had to commence the drilling of a well within the Period I and diligently drill through to completion. Corridor’s proposal to drill proved controversial and triggered a time-consuming environmental assessment procedure. In response to this Corridor applied for and was granted an extension to Period I but in the end it was not able to drill a well as required by the EL.

Alberta and British Columbia: How the constitution makes you best pals – Constitutional Perspectives

By Admin

On July 16, 2018

In Energy

Presenter: Fenner Stewart (Professor, University of Calgary)

PDF Version: Alberta and British Columbia: How the constitution makes you best pals – Constitutional Perspectives

Summarized By: Alexander Crisp, JD Candidate 2020, University of Calgary

Editor’s Note: This is the fifth 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.

On May 28, Professor Stewart from the University of Calgary shared his views on Kinder Morgan’s Trans Mountain Expansion (TMX), and some of the constitutional tools that the British Columbia (BC), Alberta and federal governments have at their disposal to use on the project.

Relevant Considerations in Approving Assignments Under the CCAA

By Nigel Bankes

On July 10, 2018

In Bankruptcy and Insolvency, Energy

By: Nigel Bankes

PDF Version: Relevant considerations in approving assignments under the CCAA

Case Commented On: Dundee Oil and Gas Limited (Re), 2018 ONSC 3678

As part of approving a plan of compromise or arrangement under the Companies’ Creditors Arrangement Act, RSC 1985, c. C-36, s.11.3 (CCAA), the Court on an “application by a debtor company and on notice to every party to an agreement and the monitor, … may make an order assigning the rights and obligations of the company under the agreement to any person who is specified by the court and agrees to the assignment.” Section 11.3(3) provides the following guidance to the Court in exercising this power:

(3) In deciding whether to make the order, the court is to consider, among other things,

(a) whether the monitor approved the proposed assignment;

(b) whether the person to whom the rights and obligations are to be assigned would be able to perform the obligations; and

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?

By Admin

On July 5, 2018

In Energy

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

On June 28, 2018

In Energy, Oil & Gas

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.