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Internal Investigations and Privilege: The Alberta Court of Appeal Weighs In

The documents and records of an internal investigation into a workplace accident may be privileged notwithstanding a statutory obligation to carry out an investigation and prepare a report, the Alberta Court of Appeal...more

Canadian Government's Proposal to Reform Canada's Environmental Assessment and Regulatory Regime

On June 29, 2017, the federal government released a discussion paper entitled "Environmental and Regulatory Reviews" ("Discussion Paper"), which proposes broad changes to the federal environmental assessment and regulatory...more

Regulatory Competitiveness of Petrochemical Projects in Alberta

On June 6, 2017, Brad Gilmour, Head of the Regulatory Department of Bennett Jones, spoke at the Petrochemical Conference organized by the Canadian Energy Resources Institute. As part of the Executive Panel focusing on the...more

Federal Court of Appeal: Government Failed to Adequately Consult with First Nations on Northern Gateway

On June 23, 2016, the Federal Court of Appeal delivered the Northern Gateway Project another procedural setback in its decision on Gitxaala Nation v Canada (2016 FCA 187). In a 2-to-1 split decision, the court overturned the...more

Your Right to a Speedy Trial? It May Now Be a Right to a Trial in 18 Months or Less

It’s tough for any of us to think of a high profile criminal or regulatory case that could be described as “speedy”. The whole country followed the murder trial of Mark Smich and Delen Millard, who were recently convicted of...more

Bulletin 2016-16: Alberta Energy Regulator Releases New Requirements in Wake of Redwater Decision

Industry and the public may face significantly higher costs as a result of the much anticipated decision of the Alberta Court of Queen’s Bench in Redwater Energy Corporation (Re), 2016 ABQB 278, issued on May 19, 2016. The...more

AESO’s Recommendations on Renewable Electricity Program

On May 31st, the Alberta Electric System Operator (AESO) made its recommendations to the Government of Alberta, based on the survey results it received on the Renewable Electricity Program (REP). The REP, a subset of the...more

6/3/2016  /  Canada , Renewable Energy

Polluter Still Pays: BC Court of Appeal Upholds Award of Damages Against Historical Polluter

The British Columbia Court of Appeal upheld a lower court decision ordering ICI Canada Inc. (now PPG Architectural Coatings Canada Ltd) to pay $4.75 million in remediation costs following a trial which enforced the “polluter...more

Alberta Renewable Electricity Program Begins with AESO Consultation

On March 3, 2016, the Alberta Electric System Operator (AESO) requested input from the developer and investor community on the proposed Alberta Renewable Electricity Program....more

Nexen’s Fracking Water License has Run Dry - First Nation Prevails in BC Environmental Appeal Board Decision

First Nation Prevails in BC Environmental Appeal Board Decision By Mike Theroux, Brad Gilmour and Laura Gill In a decision released on September 3, 2015, the British Columbia Environmental Appeal Board granted the appeal of...more

Amendments to the Regulations Designating Physical Activities

On April 12, 2013, the Canadian Environmental Assessment Agency released its Draft Regulations Amending the Regulations Designating Physical Activities (the Amended Regulations). According to the Regulatory Impact Analysis...more

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