Oil & Gas – Page 42

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

By Nigel Bankes

On October 26, 2012

In Oil & Gas

PDF version: Manitoba decision on the assignment of a royalty interest

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

By Nigel Bankes

On October 25, 2012

In Energy, Oil & Gas

PDF version: Natural gas storage rights in Ontario: questions of jurisdiction and interpretation

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.

Giving away the Arctic farm to piddly little companies – Federal (mis)management of northern oil and gas rights.

By Nigel Bankes

On October 1, 2012

In Environmental, Oil & Gas

PDF version: Giving away the Arctic farm to piddly little companies – Federal (mis)management of northern oil and gas rights.

Decision commented on: The decision of the Minister of Indian Affairs and Northern Development (aka Minister for Aboriginal Affairs and Northern Development, Canada) to award new oil and gas rights pursuant to the 2011-2012 Beaufort Sea & Mackenzie Delta Call for Bids.

On September 12, 2012, the government of Canada announced that it would be granting exploration licences (ELs) to the small and low profile Franklin Petroleum Limited of the UK for six blocks of oil and gas rights in the Beaufort Sea. The ELs will cover over 900,000 hectares of land.

Peter Lougheed’s Section 92A

By Alastair Lucas, Q.C.

On September 27, 2012

In Constitutional, Oil & Gas

PDF version: Peter Lougheed’s Section 92A

Commenting on: the legacy of section 92A of the Constitution Act, 1982

“Exclusive” power of provincial legislatures to make laws for “exploration”; “development, conservation and management” of provincial non-renewable resources and forestry resources. Provinces can also regulate, (without price or supply discrimination) the export of these natural resources. This is the essence of section 92A of the Constitution Act 1982, a provision for which Peter Lougheed fought hard in the negotiations that led to patriation of the Canadian Constitution in 1982.