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Bill 2 and its implications for the jurisdiction of the Environmental Appeal Board

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Proposal commented on: Bill 2, the Responsible Energy Development Act

This post examines the implications of Bill 2 for the jurisdiction of the Environmental Appeal Board (EAB).  The legislation will establish the new Alberta Energy Regulator (the Regulator) and will abolish appeals to the EAB with respect to decisions in relation to energy resource activities.  Instead, the Bill proposes a scheme of reviews by the Regulator of its own decisions.

Bill 2 Responsible Energy Development Act: Setting the stage for the next 50 years of effective and efficient energy resource regulation and development in Alberta

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Bill commented on: Bill 2, Responsible Energy Development Act, The Legislative Assembly of Alberta, First Session, 28th Legislature

In the afternoon of Wednesday October 24, 2012 the Alberta government introduced Bill 2 – the proposed Responsible Energy Development Act (Alberta) – and the bill passed first reading.  In the words of the Minister of Finance, speaking in place of the Minister of Energy:

Announcement: Bill 2, the Responsible Energy Development Act

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ABlawg is pleased to announce a series of posts on Bill 2, the Responsible Energy Development Act. This important Bill proposes to create a “single window” for reviewing and approving energy projects in Alberta.

The first in the series is a post by Shaun Fluker on the independence of the Alberta Energy Regulator.  This post will be followed by followed by posts dealing with a number of topics that we expect will include:  the implications of the Bill for the jurisdiction of the Environmental Appeal Board; an overview of the Bill; the standing rules under the Bill; the proposed arrangements for the enforcement of private surface arrangements; the Regulator as a corporation; the Regulator and the duty to consult; the power of the Minister to issue directions to the Regulator; a comparative take on the single window experience looking at developments in Australia; and water management under the Bill.

ABlawg has already posted two blogs on the background to this Bill, one by Nigel Bankes, “A single window for the permitting of energy projects in Alberta: who will look out for the chickens?”and the other by Nickie Vlavianos, “The Proposed Single Energy Regulator: Where Are We Now and Where Do We Go from Here?

Manitoba Decision on the Assignment of a Royalty Interest

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Case Commented on: Campion et al v Radomski et al, 2012 MBQB 267

In this case the beneficiaries of the Milliken estate (the beneficiaries) sought to ignore an assignment of a royalty interest that Milliken had executed during his life in favour of the Manning interests.  The parties entitled to the Manning royalty interest sued to enforce that assignment and in this case the court dismissed an application by the beneficiaries (the defendants) for summary judgement.

Natural Gas Storage Rights in Ontario: Questions of Jurisdiction and Interpretation

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Cases Commented On: Tribute Resources v 2195002 Ontario Inc, 2012 ONSC 25 (on the jurisdictional issue) and 2195002 Ontario Inc v Tribute Resources Inc, 2012 ONSC 5412 (on the interpretation issues)

These two decisions represent one example of the efforts of Ontario landowners who claim ownership of natural gas storage rights by virtue of owning the rights to petroleum and natural gas to assert those rights against working interest owners who claim to have acquired storage rights by various old instruments including petroleum and natural gas leases, unitization arrangements, and, in some cases, specific gas storage leases.  The cases are part of a broader litigation strategy in which storage owners are trying to negotiate more favourable economic terms that afford them the right to participate in the value that the storage represents to Ontario utilities and generators.

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