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n Pursuit of Sustainable Communities: Survey finds that Indigenous Participation is Driving Clean Energy Growth in Canada

A pioneering survey has found that Indigenous participation in Canada’s clean energy economy has grown rapidly over the past 20 years, in all regions of the country. Lumos Clean Energy Advisors (Lumos), an advisor to First Nations, Métis and Inuit communities, undertook a review of national research and drew on the company’s database of clean … Continue Reading

Taking on the Political Hot Potato of Pipelines: BC’s Attorney General Granted Intervenor Status in Federal Court of Appeal Proceeding Challenging Trans Mountain Pipeline Approvals

The proposed Trans Mountain Expansion Project (the Project) involves a $7.4-billion expansion of the Kinder Morgan pipeline stretching from Edmonton to Burnaby, as well as the construction of new works such as pump stations and tanks and the expansion of an existing marine terminal. In December 2016, the Project received federal government approval, after the … Continue Reading

Cap & Trade 2.0: California Fine Tunes and Extends Cap & Trade Program to 2030

On July 17, 2017, the California legislature passed legislation to extend the state’s cap-and-trade program to 2030 (the program was originally set to expire in 2020). Bill AB 398 received broad bi-partisan support and was passed with a two-thirds majority vote, which is the threshold required to pass tax laws in California. With a super-majority … Continue Reading

Clarifying the Role of Regulatory Tribunals in Consultation – Canada’s Highest Court Releases Two Key Aboriginal Consultation Decisions

On July 26, 2017, the Supreme Court of Canada (SCC) released its decisions in Hamlet of Clyde River, et al. v. Petroleum Geo-Services Inc. (PGS), et al. and Chippewas of the Thames First Nation v. Enbridge Pipelines Inc., et al. These appeals, which were heard on November 30, 2016 and previously discussed here, relate to … Continue Reading

Fueling a Lower Carbon Future: Environment and Climate Change Canada Releases Discussion Paper for a Clean Fuel Standard

In November 2016, Environment and Climate Change Canada (ECCC) announced that it would be kicking off a process to develop a clean fuel standard (CFS) in support of Canada’s commitment to meet its greenhouse gas (GHG) emissions reduction target of 30% below 2005 levels by 2030. The CFS, which is included as part of the … Continue Reading

Ontario’s Cap-and-Trade System: In Effect and Moving Forward

On January 1, 2017, Ontario’s cap-and-trade system came into effect. As we have outlined in previous blog posts, January 1, 2017 is the start of the first four-year compliance period for the cap-and-trade program, which compliance period will end on December 31, 2020. Thereafter, the cap-and-trade program compliance periods will be three-years long, aligning with … Continue Reading

The Federal Government Takes a Stand on Carbon Emissions in Coal- and Natural-Gas Fired Generation

On December 17, 2016, the federal Ministry of Environment and Climate Change Canada (ECCC) announced its intention to address carbon dioxide (CO2) emissions in electricity generation to meet its greenhouse gas reduction commitments made as part of the United Nations Framework Convention on Climate Change (Paris Agreement). The Notice of intent published in the Canada … Continue Reading

Paving the Route to 2050: Canada Releases Mid-Century Strategy for a Clean Growth Economy

The Paris Climate Change Agreement came into force on November 4, 2016 and as global efforts get underway to implement the agreement, the Canadian federal government continues to craft its strategy to shift Canada to a low-emissions economy. At the recent United Nations climate change conference (COP 22) in Marrakech, Morocco that was held from … Continue Reading

Target 2050: BC Releases Updated Climate Change Action Plan

The BC government released its long awaited Climate Leadership Plan (the Plan) on August 19, 2016. The Plan, which updates the province’s 2008 Climate Action Plan, contains 21 new actions to reduce emissions across the following sectors: (i) natural gas, (ii) transportation, (iii) forestry and agriculture, (iv) communities and built environment, and (v) public sector. … Continue Reading

Amendments under the Pipeline Safety Act Come into Force

On June 19, 2016, the amendments under the Pipeline Safety Act (the “Act”), which amend the damage prevention provisions in the National Energy Board Act and the Canadian Oil and Gas Operations Act, came into force. These amendments set out the specific obligations of individuals and pipeline companies with respect to preventing pipeline damage. Under … Continue Reading

And So it Begins – Federal Government Launches Review of Environmental and Regulatory Processes

On June 20, 2016, the Federal Government launched a comprehensive review of four key environmental and regulatory processes, namely: The federal environmental assessment processes under the Canadian Environmental Assessment Act, 2012 (CEAA 2012); The National Energy Board (NEB); The Fisheries Act; and The Navigation Protection Act.… Continue Reading

When the Levy Breaks: Alberta Government Tables the Climate Leadership Implementation Act

On May 24, 2016, Alberta’s provincial government tabled Bill 20 for first reading in the legislature. Otherwise known as the Climate Leadership Implementation Act (Climate Act), Bill 20 furthers the implementation of the provincial government’s Climate Leadership Plan released in November 2015. As discussed in a previous post, the Climate Leadership Plan identified carbon pricing … Continue Reading

Words into Action: Ontario Gets Ready for Implementation as it Releases Final Regulations for Cap-and-Trade Program and Greenhouse Gas Reporting

As we reported earlier, the Ontario government passed the final version of the Climate Change Mitigation and Low-carbon Economy Act, 2016 (the Act) on May 18, 2016. The Act received Royal Assent later that same day and is now in force. On May 19th, the government posted the final version of The Cap and Trade … Continue Reading

The Crown’s duty to consult and accommodate – 3 upcoming cases at the SCC to watch

Earlier this month, the Supreme Court of Canada (SCC) granted leave to appeal in three cases that concern important aspects of the Crown’s duty to consult and accommodate Aboriginal peoples. A summary of each decision under appeal is provided below. Follow our ERA blog for further updates as we track these cases at the SCC.… Continue Reading

It’s Official – AESO Requests Stakeholder Feedback on Implementation Plan for Alberta’s Renewable Electricity Program

On March 3, 2016, the Government of Alberta tasked the Alberta Electric System Operator (AESO) with the development and implementation of a Renewable Electricity Program, as part of the new provincial government’s larger plans to implement its Climate Leadership Plan.  The AESO has invited stakeholder input on the Renewable Electricity Program, the deadline for which … Continue Reading

The ERT Allows Another Renewable Energy Approval Appeal

The Ontario Environmental Review Tribunal has released a decision allowing an appeal of the Renewable Energy Approval issued for the White Pines Wind Project in Prince Edward County on the basis that the project will cause serious and irreversible harm to Little Brown Bats and to the Blanding’s Turtle.  Please visit our Canadian Energy Blog … Continue Reading

Canada, Mexico and the US sign MOU on Climate Change and Energy Collaboration and Launch Portal for North American Energy Information

Taking a step towards the establishment of a continental energy strategy, energy ministers from Canada, Mexico and the United States signed a Memorandum of Understanding (MOU) on Climate Change and Energy Collaboration on February 12, 2016 during the North American Energy Ministers Meeting in Winnipeg. In addition, they launched a web platform where North American … Continue Reading

Seeking Transparency: Ontario introduces Climate Change Mitigation and Low Carbon Economy Act

In a bid to provide greater visibility to the public around the use of proceeds from Ontario’s planned cap-and-trade program, the provincial government introduced legislation on February 24, 2016 to ensure that such proceeds are transparently reinvested into green projects and actions that will reduce greenhouse gas (GHG) emissions. Under the proposed Climate Change Mitigation … Continue Reading

Full Steam Ahead: Ontario Releases Draft Cap and Trade Regulations and Revised Guideline for GHG Reporting

The Ontario government has released its first regulation – The Cap and Trade Program Regulation (the Draft Regulation) – under the proposed Climate Change Mitigation and Low-Carbon Economy Act, 2016 (the Act, which is discussed in further detail here). The Draft Regulation sets into motion Ontario’s plan to reduce its greenhouse gas (GHG) emissions 15% … Continue Reading
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