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New Policies May Drive Increased Use of In-Situ Remediation Technology

The Alberta Energy Regulator introduced the proposed Manual XXX: Contamination Management on July 7, 2021. This manual is intended to assist companies in understanding the requirements and expectations under the Remediation...more

Saskatchewan Approach to Oil and Gas Liability Management

In our March 2021 blog on the difference between Alberta and Saskatchewan's approach to Oil and Gas liability management, we commented on the differing approaches to liability management introduced in each province following...more

The AER's Holistic Approach to Liability Management

Recent information provided by the Alberta Energy Regulator (AER) in its Licensee Capability Assessment: What We Heard document and draft Licensee Life-Cycle Management Directive (Draft LLCM Directive) provides guidance for...more

The Alberta Court of Appeal Provides Guidance on the Test for Certification in Overturning Goodyear

On May 17, 2021, the Alberta Court of Appeal released its decision in Spring v Goodyear Canada Inc., 2021 ABCA 182. This case is the latest Alberta consideration of the test for certification of a class action. At issue was...more

Leave to the Supreme Court Denied: Latest on Pre-Certification Stays in Multijurisdictional Class Actions

We previously discussed the Alberta Court of Appeal's decision in Ravvin v Canada Bread Company, Limited, 2020 ABCA 424, which arose out of an alleged packaged bread price-fixing conspiracy. Plaintiffs started class...more

Alberta Plans to Introduce a Competitive Process for Carbon Sequestration Tenure

On May 12, 2021, the Government of Alberta issued a statement to announce that it will now be granting carbon sequestration rights through a competitive process. Carbon capture utilization and storage (CCUS) is a method where...more

Saskatchewan to Introduce a Road Use Charge for Passenger Electric Vehicles

On May 7, 2021, Bill 34, The Fuel Tax Amendment Act, 2021 passed the third reading in the Legislative Assembly of Saskatchewan. Bill 34 amends Saskatchewan's The Fuel Tax Act, 2020 and The Financial Administration Act, 1993...more

New Alberta Energy Regulator Reporting Requirements: Implications for Transactions and Borrowing

On April 7, 2021, the Alberta Energy Regulator (AER) released a revised Directive 067: Eligibility Requirements for Acquiring and Holding Energy Licenses and Approvals, which is designed to enhance its ability to ensure that...more

Yukon Zinc: Reining in the Ability to Disclaim Contracts and Priority for Environmental Liabilities

We previously discussed the ​​​​​​​Court's decision in Yukon (Government of) v Yukon Zinc Corporation, 2020 YKSC 16, which opened the door to partial termination of agreements in a receivership, an action generally considered...more

New Oil and Gas Liability Management Frameworks: Alberta vs Saskatchewan

Following the Redwater decision (Orphan Well Association v Grant Thornton Ltd., 2019 SCC 5), and the steadily increasing number of orphaned oil and gas sites, governments have been evaluating opportunities to modify their...more

Evidence of Harm Required To Advance Class Action Following Data Breach

The Court of Queen's Bench of Alberta, in Setoguchi v Uber B.V., 2021 ABQB 18, recently dismissed an application for certification of a proposed class action resulting from a data breach because there was no evidence of harm...more

Site Rehabilitation Program Periods 5 and 6 Further Expand Program Scope

On February 1, 2021, the Government of Alberta launched Period 5 and Period 6 of the Site Rehabilitation Program (SRP), including additional information within the updated Site Rehabilitation Guidelines....more

Reinstatement of the 1976 Coal Policy

On June 1, 2020, the Government of Alberta rescinded A Coal Development Policy for Alberta, which was also commonly known as the "1976 Coal Policy". The authors published Alberta to Rescind Coal Development Policy, on the...more

A Clarified Approach to Pure Economic Loss Claims

In November 2020, the Supreme Court of Canada released its decision in 1688782 Ontario Inc. v Maple Leaf Foods Inc. This is an important decision clarifying the analytical approach to the duty of care analysis in negligence...more

Looking Forward: Class Actions in 2021

Instability and uncertainty were the two constants in 2020. The COVID-19 pandemic uprooted social norms and challenged businesses. The long range impact of that instability and uncertainty remains to be seen. For different...more

Advancing Alberta's New Liability Management Framework

Amendments to the Oil and Gas Conservation Rules and Pipeline Rules to advance the Government of Alberta's new Liability Management Framework and address Alberta's inventory of abandoned wells, facilities and pipelines came...more

Canada's Hydrogen Strategy

The New Energy Economy Series - Following its recent announcement of A Healthy Environment and a Healthy Economy, an accelerated climate plan for Canada, the Government of Canada released the Hydrogen Strategy for Canada:...more

Pre-Certification Stays in Multijurisdictional Class Actions: Ravvin v Canada Bread Company, Limited

In the wake of COVID-19, which has strained already limited judicial resources, the Alberta Court of Appeal has issued a decision addressing the need for judicial economy and the avoidance of duplicative and overlapping...more

Alberta's Industrial Heartland as Canada's Potential First Hydrogen Node

Increasing Interest in Hydrogen in Canada and Alberta - Hydrogen has gained the attention of Canadian policy makers and industry players. Notably, the Canadian government announced in June 2020 an upcoming national...more

Supreme Court of Canada Clarifies Approach to Pure Economic Loss Claims

The Supreme Court of Canada has clarified the scope of manufacturers’ potential liability under the law of negligence to the retailers of their products for “pure economic losses”—lost profits, lost sales, and reputational...more

Hydrogen 101: Basics of Hydrogen Supply Chains

In June, the Canadian government announced that it would be unveiling a national hydrogen strategy, which is now expected to be released this fall. Alberta's Industrial Heartland Hydrogen Task Force, a group of business,...more

Wellsite Repurposing Projects: Part 2—Challenges, Uncertainties and Looking Ahead

This is the second in a two-part series on wellsite repurposing projects in the Canadian oilpatch. Part one looked at the background and advantages of repurposing projects....more

B.C. Announces Second Increment of Dormant Sites Reclamation Program Funding

On September 18, 2020, the British Columbia government announced that the first half of a $100-million fund earmarked for cleaning up dormant wells has been disbursed. The Dormant Sites Reclamation Program is dedicated to...more

Wellsite Repurposing Projects: Part 1—Benefits and Advantages

This is the first in a two-part series on wellsite repurposing projects in the Canadian oilpatch. Part one provides background and context to the emergence of repurposing projects. Part two will look at challenges,...more

Alberta's Site Rehabilitation Program Enters Period 4

On August 7, 2020, the Government of Alberta launched Period 4 of the Site Rehabilitation Program (SRP) and released further details about the SRP, including information about the submission process for abandonment work and...more

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