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Energy Sector First Nations

Bennett Jones LLP

First Nations Power Authority and SaskPower 100 MW Solar Project—Timelines and Mandatory Criteria for Proponents

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On August 1, 2024, the First Nations Power Authority (FNPA) issued a Request for Supplier Qualifications (RFSQ) for the right to develop a 100 MW Solar Project to be located in South Central Saskatchewan (Project)....more

Bennett Jones LLP

Pathways to Prosperity: Exploring Indigenous Participation in Major Energy Projects

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On February 15, 2024, Bennett Jones' Calgary office welcomed nearly 80 project stakeholders and industry leaders—with hundreds more tuning in online—to talk about Synergy in Energy: Building Effective Indigenous Partnerships....more

Blake, Cassels & Graydon LLP

Court Confirms Power of Alberta Aboriginal Consultation Office to Decide Who Gets Consulted

The Alberta Court of Queen’s Bench (Court) provided much-needed clarity about the role of the Alberta Aboriginal Consultation Office (ACO) and the duty to consult in Alberta in its decision in Athabasca Chipewyan First Nation...more

Bennett Jones LLP

The National Energy Board's Role in Crown Consultation

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On July 26, 2017, the Supreme Court released two seminal decisions that clarify the role of administrative tribunals, such as the National Energy Board ("NEB"), in fulfilling the Crown’s duty to consult with Indigenous...more

Bennett Jones LLP

First Nations Must Show Specific Impact on Rights to be Entitled to Pursue a Regulatory Appeal

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The Alberta Court of Appeal, in O’Chiese First Nation v Alberta Energy Regulator, dismissed two applications by the O’Chiese First Nation seeking permission to appeal decisions by the Alberta Energy Regulator (AER) approving...more

Blake, Cassels & Graydon LLP

Saskatchewan Court of Appeal: No Surface Activity Means No Duty to Consult First Nations

In its recent decision in Buffalo River Dene Nation v. Saskatchewan (Energy and Resources), the Court of Appeal for Saskatchewan held that the government was not required to consult the Buffalo River Dene Nation (BRDN) before...more

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