ABLawg - - Page 310

Cleaning Up Coal II

On October 4, 2012

In Climate Change, Environmental, Natural Resources

By: Astrid Kalkbrenner

Regulations Commented On: Federal Regulations “Reduction of Carbon Dioxide Emissions from Coal-fired Generation of Electricity Regulations” as of 30 August 2012, (Canada Gazette Part II, Vol. 146, No 19, SOR/2012-167)

On 27 August 2011 the federal government published proposed regulations on the “Reduction of Carbon Dioxide Emissions from Coal-Fired Generation of Electricity” (the “Draft Regulations”) (see my previous ABlawg post Cleaning up Coal). The Draft Regulations were open for comments for a 60-day public consultation period. Environment Canada received over 5000 submissions during the consultation period, including submissions from 4 provincial governments, 16 electricity industry corporations and system operators, 17 other industry corporations and associations, 6 Non-governmental Organizations (NGOs) and from the general public. The Regulatory Impact Assessment Statement (RIAS) for the Regulations acknowledges that the comments and extensive discussions with industry and provinces led to refinements of the Draft Regulations which in its final version provides greater flexibility to industry, while respecting the draft regulatory framework and maintaining the contribution of the Regulations to meeting Canada’s Copenhagen target (for the RIAS see Canada Gazette Part II, Vol. 146, No 19, SOR/2012-167, 2002 at 2003). On 30 August 2012, the final Regulations were published as a regulation of the Canadian Environmental Protection Act, 1999 (CEPA), SC 1999, c 33.

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.

Peter Lougheed and the Constitution, Notwithstanding

By Jennifer Koshan

On September 24, 2012

In Constitutional, Human Rights

PDF version: Peter Lougheed and the Constitution, Notwithstanding

Commenting on: The legacy of section 33 of the Charter

I am not a conservative, as anyone who knows me or reads Rate My Professor is already aware. But notwithstanding my political stripes, I was a fan of Peter Lougheed. My kids were charmed when they heard him read Christmas stories at the Lougheed House many years ago, and my daughter and I once met him at an opera at the Banff Centre – again, we were charmed. More pertinent to the law, he was the premier who repealed Alberta’s sexual sterilization legislation (the Sexual Sterilization Repeal Act, 1972, SA 1972, c 87) and brought in our first human rights act (the Individual’s Rights Protection Act, SA 1972, c 2), showing a strong commitment to the protection of individual rights. But it is one of his contributions to constitutional law that I will comment on in this post.

Court of Appeal confirms QB decision that coalbed methane forms part of the natural gas title and not the coal title

By Nigel Bankes

On September 21, 2012

In Energy, Natural Resources, Property

PDF version: Court of Appeal confirms QB decision that coalbed methane forms part of the natural gas title and not the coal title

Case Considered: Encana Corporation v Devon Canada Corporation, 2012 ABCA 271, aff’g 2011 ABQB 431.

The Court of Appeal in a unanimous memorandum of judgment (Justices McFadyen, O’Brien and O’Ferrall) has affirmed Justice Kent’s decision at trial in a case dealing with section 10.1 of the Mines and Minerals Act, RSA 2000, c M-17 (as am by SA 2010, c 20) (MMA). That section declared that coalbed methane (CBM) is and always has been natural gas. Justice Kent applied the new section 10.1 to grant summary judgement in competing actions brought by the coal owners and the natural gas lessees seeking declaratory relief as to the ownership of CBM in certain lands. The actions in question had all been commenced before the amendment was introduced and passed. The Court held that section 10.1 was a complete answer to the competing claims and concluded that the natural gas lessees were entitled to a declaration that the coalbed methane had been granted to them under the terms of their natural gas leases. I blogged on the trial judgment here.