ABLawg

Document commented on: “Negotiations to Modernize the Columbia River Treaty, Agreement-in-Principle Content, Public Document”, dated August 30, 2024, release announced September 5, 2024.

PDF Version: New “Public Document” on the Agreement in Principle to Modernize the Columbia River Treaty

In the first part of July, the governments of Canada and the United States announced that they had reached an agreement in principle (AiP) on the modernization of the Columbia River Treaty (CRT). At about the same time, the province of British Columbia released a backgrounder summarizing the AiP. I provided an ABlawg commentary on that backgrounder here and I have previously posted on modernization of the CRT here and here.

Supreme Court of Canada Rules that Securities Commissions’ Administrative Penalties Do Not Survive Bankruptcy Discharge

By Jassmine Girgis

On September 9, 2024

In Administrative Law, Bankruptcy and Insolvency

By: Jassmine Girgis

Case commented on: Poonian v British Columbia (Securities Commission), 2024 SCC 28 (CanLII)

PDF Version: Supreme Court of Canada Rules that Securities Commissions’ Administrative Penalties Do Not Survive Bankruptcy Discharge

With the release of Poonian v British Columbia (Securities Commission), 2024 SCC 28 (CanLII), the Supreme Court of Canada has settled the question about the status of provincial securities commissions’ unpaid administrative penalties and discharge orders upon a bankrupt’s discharge. The Court determined that administrative penalties do not fall under the statutory exceptions in sections 178(1)(a) or (e) of the Bankruptcy and Insolvency Act, RSC 1985, c B-3 (BIA) meaning these penalties are discharged upon a bankrupt’s discharge. Disgorgement orders, however, are captured by the s 178(1)(e) exception, and will not be discharged.

How Qualex Restricted the Scope of Redwater

By Jassmine Girgis

On September 6, 2024

In Bankruptcy and Insolvency

By: Jassmine Girgis

Case commented on: Qualex-Landmark Towers Inc v 12-10 Capital Corp, 2024 ABCA 115

PDF Version: How Qualex Restricted the Scope of Redwater

In Qualex-Landmark Towers Inc v 12-10 Capital Corp, 2024 ABCA 115 (CanLII) (Qualex CA), the Alberta Court of Appeal issued a strong decision overturning the lower court and establishing two important points: first, the test from Newfoundland and Labrador v AbitibiBowater Inc, 2012 SCC 67 (CanLII) (the Abitibi test), which the Supreme Court of Canada applied in Orphan Well Association v Grant Thornton Ltd, 2019 SCC 5 (CanLII) (Redwater), does not apply outside of insolvency proceedings, and second, only a regulator can enforce public duties.

Administrative Penalties at the Alberta Energy Regulator: Regulatory Penalties for the Kearl Oilsands Leak

By Drew Yewchuk

On September 4, 2024

In Administrative Law, Energy, Oil & Gas

By: Drew Yewchuk

Decisions Commented On: AER Notice of Administrative Penalty 202408-009, AER Administrative Sanction 202408-010, and AER News Release 2024-08-22

PDF Version: Administrative Penalties at the Alberta Energy Regulator: Regulatory Penalties for the Kearl Oilsands Leak

On August 22, 2024, the Alberta Energy Regulator (AER) issued notice of administrative penalty 202408-009 (penalty decision) and administrative sanction 202408-010 (administrative sanction) (together, the ‘enforcement decisions’) imposing terms and conditions to Imperial Oil Resources Limited (Imperial Oil). The AER also issued a news release about these two enforcement actions. This post assesses the AER’s enforcement decisions and the justifications provided for them.

Legal Hunting of an Endangered Species: A Grizzly Tale in Alberta

By Shaun Fluker

On September 3, 2024

In Animal Law, Protection of Species

By: Shaun Fluker

Legislation commented on: Wildlife (Grizzly Bear – Ministerial) Amendment Regulation, Alta Reg 115/2024

PDF Version: Legal Hunting of an Endangered Species: A Grizzly Tale in Alberta

On July 9 the Alberta government issued a news release announcing that the Minister of Forestry and Parks has reinstated a grizzly bear hunt in Alberta. In this post, I describe the legislative amendment made to enable the hunt and explain how effective endangered species legislation (non-existent in Alberta) would make it much more difficult for the Minister to do this. Alberta’s endangered species law and policy has always been a sad joke in terms of facilitating protection or recovery of species, but the UCP government has now managed to make this a sad and twisted joke. Alberta has joined a select group of countries in the world that authorize hunting of a majestic fauna species that they also designate as threatened with extinction (membership in this group includes many African nations who cater to trophy hunters – see Elephants, lions and leopards: 13 countries where rich people hunt endangered animals.