Natural Resources – Page 10

Leave to Appeal Granted in NRCB Case Concerning Participatory Rights and the Interpretation of ‘Directly Affected’ Persons Entitled to a Hearing

On April 17, 2014

In Environmental, Intervenors and Standing, Natural Resources

By: Shaun Fluker

PDF Version: Leave to Appeal Granted in NRCB Case Concerning Participatory Rights and the Interpretation of ‘Directly Affected’ Persons Entitled to a Hearing

Decision commented on: JH Drilling Inc. v Alberta (Natural Resources Conservation Board), 2014 ABCA 134

The Alberta Court of Appeal has granted leave to JH Drilling to appeal a ‘standing’ decision by the Natural Resources Conservation Board (NRCB). While not a decision on the merits of the issue, this leave decision is significant because the question for appeal will concern the NRCB’s interpretation of ‘directly affected’ in its governing legislation to determine participatory rights before the Board. Moreover, the interest asserted by JH Drilling to be directly affected here is one of a commercial nature – JH Drilling is not a landowner or resident in the immediate vicinity of the proposed project in this case. To my knowledge, this merit hearing will be the first time the Court of Appeal considers participatory rights before the NRCB.

Who Gets the Final Say on a Mineral Royalty Calculation? And Some Grumbling on Standard of Review Analysis

By Shaun Fluker

On August 28, 2013

In Administrative Law, Natural Resources

PDF Version: Who Gets the Final Say on a Mineral Royalty Calculation? And Some Grumbling on Standard of Review Analysis

Case considered: Saskatchewan (Ministry of Energy and Resources) v Areva Resources Canada Inc., 2013 SKCA 79

This comment looks at a recent decision of the Saskatchewan Court of Appeal concerning the judicial review of a mineral royalty decision made by Saskatchewan’s Minister of Energy and Resources. In Saskatchewan (Ministry of Energy and Resources) v Areva Resources Canada Inc., 2013 SKCA 79, the Saskatchewan Court of Appeal upholds a royalty calculation made by the Minister pursuant to the Crown Minerals Act, SS 1984-85-86, c C-50.2 and underlying regulations. I think this case is of interest to ABlawg readers because it involves the judicial review of a mineral royalty decision and it also concerns appellate-level consideration of the standard of review applicable to a ministerial decision – a topic of recent interest in the judiciary and which Professor Olszynski explores in his recent ABlawg post “Of Killer Whales, Sage-grouse, and the Battle Against (Madisonian) Tyranny”.

Burnaby Refinery not a Priority Destination under Pipeline Tariff

By Jennifer Hocking

On July 26, 2013

In Energy, Natural Resources, Oil & Gas

PDF version: Burnaby Refinery not a Priority Destination under Pipeline Tariff

Case commented on: Chevron Canada Limited Priority Destination Designation Application (15 July 2013) MH-002-2012 (NEB).

Most shippers on the Trans Mountain Pipeline will no doubt be pleased with the recent decision of the National Energy Board (NEB) denying a Priority Destination Designation for Chevron’s Burnaby Refinery. Chevron applied for an order designating Chevron’s Burnaby Refinery as a Priority Destination pursuant to section 1.58 of the Tariff of Trans Mountain Pipeline ULC. The Burnaby Refinery serves a key function as it refines Alberta crude oil into gasoline for the Lower Mainland of BC.

Hop(p)s and Water: A Nice Little Water Rights Decision Out of British Columbia

By Nigel Bankes

On May 31, 2013

In Administrative Law, Natural Resources

PDF version: Hop(p)s and Water: A Nice Little Water Rights Decision Out of British Columbia

Decision commented on: Carolyn Hopp v Assistant Regional Manager Water, 2012-WAT-033(a) (EAB).

The Environmental Appeal Board (EAB) of British Columbia is starting to build up a body of jurisprudence on water rights and especially water licensing decisions in the context of fully allocated or fully recorded streams.

The death of free entry mining regimes in Canada?

By Nigel Bankes

On January 15, 2013

In Aboriginal, Natural Resources

PDF version: The death of free entry mining regimes in Canada?

Decision commented on: Ross River Dena Council v Government of Yukon, 2012 YKCA 14.

I (along with co-author Cheryl Sharvit) and others have long tried to make the case that free entry mining regimes are not only bad public policy but also unconstitutional on the grounds that the common premises of free entry regimes are inconsistent with the Crown’s duty to consult indigenous peoples whose rights and interests may be affected by the government’s decisions to allow others to acquire rights in traditional territory. See Bankes and Sharvit, Aboriginal Title and Free Entry Mining Regimes in Northern Canada, (1998) here and Bankes, “The Case for the Abolition of Free Entry Mining Regimes” (2004), 24(2) J. Land, Resources, & Envtl. Law 317-322.

Category: Natural Resources Page 10 of 22

Leave to Appeal Granted in NRCB Case Concerning Participatory Rights and the Interpretation of ‘Directly Affected’ Persons Entitled to a Hearing

Who Gets the Final Say on a Mineral Royalty Calculation? And Some Grumbling on Standard of Review Analysis

Burnaby Refinery not a Priority Destination under Pipeline Tariff

Hop(p)s and Water: A Nice Little Water Rights Decision Out of British Columbia

The death of free entry mining regimes in Canada?