Canada Announces 30-Day Consultation on Measures to Address China's Trade Practices Related to Electric Vehicles
July 02, 2024On July 2, 2024, Canada will initiate a 30-day consultation period on potential policy responses to China’s rapid rise as the world’s largest manufacturer of electric vehicles (EVs). Canada alleges that unfair trade practices in the Chinese EV industry directly and indirectly threaten electric vehicles in Canada.
Submitting an Incident Response Report to a Regulator? Consider Privilege Waived
May 21, 2024A recent decision out of the Alberta Court of Appeal found that as soon as a company handed over their investigative reports to regulators in connection with a pipeline incident, privilege over the reports was lost.
Impact Assessment Act Amendments Announced: Many Questions Still Left Unresolved
May 06, 2024On April 30, 2024, the Government of Canada announced widely-anticipated amendments to the Impact Assessment Act (IAA or Act) as part of a 663 page omnibus budget bill. Canada announced the 2024 budget with the tagline "Fairness for Every Generation," claiming that the amendments to the IAA are both "constitutionally sound" and allow for a more efficient assessment process.
Canadian Hydrogen Convention 2024—Key Themes and Takeaways
April 29, 2024Approximately 8,000 delegates (including energy executives, government officials and Indigenous leaders from Canada and around the world) attended the third annual Canadian Hydrogen Convention (CHC) which ran April 23 to 25 in Edmonton, Alberta. The CHC focused on how hydrogen will play a leading role and be a key enabler in Canada reaching its 2050 net-zero goals.
Budget 2024 Provides Additional Details for the Clean Electricity ITC and Adds Another ITC for Electric Vehicles
April 19, 2024In Budget 2024, the Government of Canada continued their drive to implement government incentives aimed at decarbonizing the economy through providing further clarification and design details for the Clean Electricity investment tax credit, and through providing an additional tax credit for electric vehicle manufacturers in the form of the EV Supply Chain ITC.
BC Hydro 2024 Call to Power—Overview of Request for Proposal Documents
April 10, 2024On June 15, 2023, the Government of British Columbia announced BC Hydro was proceeding with a call for new sources of 100 percent clean, renewable emission-free electricity from large-scale projects, notably including wind and solar. As part of phase two of BC Hydro's engagement process, on January 8, 2024, BC Hydro issued a draft Request for Proposals (RFP). Organizations within the independent power industry, First Nations and stakeholders were invited to provide feedback on the draft RFP, and the resulting draft specimen Electricity Purchase Agreement.
Government of Alberta Unveils Further Details Regarding the Alberta Carbon Capture Incentive Program
April 09, 2024On April 3, 2024, the Alberta Government released additional details on the Alberta Carbon Capture Incentive Program (ACCIP), which will support and accelerate the development of new carbon capture, utilization and storage infrastructure in Alberta. It is now open for industry and carbon sequestration hub operators to apply for ACCIP pre-approval, and the ACCIP rollout now includes more detail around the ACCIP's key features, eligibility criteria, eligible costs and the application process.
More Changes to Alberta’s Electricity System Announced, but Uncertainty Remains
March 21, 2024At the Independent Power Producers Society of Alberta Annual Conference this March, the Minister of Affordability and Utilities announced interim measures to address recent electricity market concerns, while also signaling future market reforms will take place to address grid volatility and affordability. The announcement of two new regulations, and the subsequent release of several key reports from the Alberta Electric System Operator, the Market Surveillance Administrator and the Alberta Utilities Commission provide some insight into what the market can expect for the rest of the year and onward.
Alberta’s Long-Awaited Electricity Statutes (Modernizing Alberta's Electricity Grid) Amendment Act is Proclaimed
March 11, 2024Nearly two years after receiving Royal Assent, the Government of Alberta proclaimed the Electricity Statutes (Modernizing Alberta’s Electricity Grid) Amendment Act (the Act) on March 6, 2024. The Act, formerly Bill 22, received Royal Assent May 31, 2022, but proclamation was delayed until the related regulations were developed and came into force. The Act amends key legislation including the Alberta Utilities Commission Act, the Electric Utilities Act and the Hydro and Electric Energy Act. Important supporting regulatory amendments include the updated Hydro and Electric Energy Regulation and the Transmission Amendment Regulation.
Young Women in Energy Summit: Diversification of the Energy Sector
March 11, 2024The 2024 Young Women in Energy Summit took place in stunning Kananaskis at the beginning of March, where women from across Canada gathered to discuss the diversification, decarbonization and digitization of the transforming energy sector. Throughout the conference, one of the key themes was diversity, equity and inclusion with a specific focus on how companies can shift to actively creating a more equitable, diverse and inclusive workforce in the evolving Canadian energy sector.
Pathways to Prosperity: Exploring Indigenous Participation in Major Energy Projects
March 05, 2024On 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. Moderated by Martin Ignasiak KC, Head of Bennett Jones' Energy Regulatory team, the panel touched on trends, best practices and common challenges in energy-related transactions involving Indigenous stakeholders. Panel guests included: the Honourable Jason Kenney, former Premier of Alberta; Chana Martineau, CEO of Alberta Indigenous Opportunities Corporation; Billy Morin, Managing Director of Axxcelus Capital Advisory; and Tom Schwartz, SVP of Liquids Pipelines Strategic Projects for Enbridge.
Alberta Government Provides Updated Policy Guidance for Renewable Development
March 04, 2024Alberta’s pause on issuing approvals for renewable energy projects (Pause) ended on February 29, 2024. Immediately prior, the Alberta government issued a news release with updated policy guidance on developing renewable power projects in Alberta. This policy guidance addresses issues related to the use of agricultural lands, reclamation security, viewscape impacts, Crown lands and municipal engagement that were considered during the Pause.
BC Output-Based Pricing System for Carbon Emissions
March 04, 2024On April 1, 2024, the new Output-Based Pricing System (OBPS) will come into force under the Budget Measures Implementation Act, 2023. The OBPS is a new British Columbia (BC) emissions pricing system (although not new in the rest of Canada). Effective April 1, 2024, most industrial operators in BC will transition from the CleanBC Industrial Incentive Program to the OBPS.
Federal Government Proposes Potential Changes to Draft Clean Energy Regulations
February 27, 2024On February 16, 2024, the Canadian government released an update on the Draft Clean Energy Regulations (Draft CER) and provided some proposed changes in response to the significant feedback affected parties provided on the Draft CER. For background on the Draft CER, see our previous blog post, Federal Government Asserts Jurisdiction over Electricity in New Draft Regulations.
Bennett Jones Acts for Varme Energy on First of its Kind Waste-to-Energy Agreement with the City of Edmonton
February 14, 2024Bennett Jones has assisted Varme Energy Inc. in successfully negotiating a first of its kind waste-to-energy agreement with the City of Edmonton. The agreement sees the City diverting approximately 150,000 tonnes of residential garbage per year to a privately funded and operated waste-to-energy facility located 40 kilometers northeast of Edmonton. Once operational, the facility will be Canada’s first industrial-scale, waste-to-energy facility with carbon capture.
Hydro-Québec Selects 8 Wind Farms Projects Following its 2023 Call for Tenders
February 01, 2024According to its Electricity Supply Plan 2023-2032 submitted to the Régie de l'énergie at the end of 2022, Hydro-Québec expects growth in electricity demand to continue in Quebec in the next decade by an additional 25 terawatt-hours.
BC Hydro 2024 Call to Power—Overview of Draft Documents
January 31, 2024On June 15, 2023, the Government of British Columbia announced that BC Hydro would be moving forward with a call for new sources (the Call to Power) of 100 percent clean, renewable emission-free electricity from large-scale projects, notably including wind and solar. As part of phase two of BC Hydro's engagement process, on January 8, 2024, BC Hydro issued a draft Request for Proposals and draft specimen Electricity Purchase Agreement. The Call to Power is part of BC Hydro's response to the province's growing electricity demand.
Government of Canada Releases Proposed Legislation for Clean Hydrogen ITC and Clean Manufacturing ITC
January 17, 2024On Tuesday, December 20, 2023, the Federal Government released proposed legislation for the implementation of the clean hydrogen investment tax credit (the Clean Hydrogen ITC) and the clean manufacturing investment tax credit (Clean Manufacturing ITC).
Unprecedented Opportunities Ahead for Renewable Developers Across Canada
January 10, 2024Electricity grid operators across the country continue to announce expanded procurements for non-emitting electricity to ensure supply adequacy in a transforming energy landscape. These announcements continue procurement trends from recent years as provinces turn to private developers to meet growing demands for electricity supply and storage while aiming to achieve aggressive carbon emissions reductions targets.
Climate Change Initiatives: Selected Recent Changes and the Application of Existing Tax Principles to Clean Energy—Part 1
January 04, 2024Greg Johnson, Wesley Novotny and Brendan Sigalet write for the Resource Sector Taxation journal on Federal tax policies aimed at reducing greenhouse gas emissions by incentivizing clean energy technologies. The article reviews various proposed initiatives and existing incentives, emphasizing their integration with existing legislation and the importance of providing certainty to businesses making investment decisions.
Ready to Rebound: Canada's 2024 M&A Landscape
December 20, 2023While Canadian M&A activity continued to lag in 2023 as compared to 2021 and early 2022 in terms of transaction value and volume, as reflected in a significant downturn in exits in Q3, there remain a number of reasons for optimism for Canadian M&A as we move into 2024. Mid-market Canadian M&A remained relatively active in 2023 amid the confluence of geopolitical tensions, rising inflation, higher interest rates, tighter credit markets and significantly reduced access to capital, with the power and utilities and oil & gas sectors leading the way on deal value, boosted by megadeals announced in Q3 and Q4. The unpredictability in the Canadian M&A market is expected to extend into the new year but recent developments indicate that our M&A landscape north of the border may begin to rebound in 2024.
Canada Endorses Nuclear Industry's Powerful Statement On Net Zero
December 12, 2023It has been a defining month for nuclear power's role in a net zero world. On the second day of the 28th United Nations Climate Change Conference in the United Arab Emirates, the International Atomic Energy Agency (IAEA) announced its landmark Statement on Nuclear Power. This was the first time such an IAEA statement was issued.
Federal Government Targets Oil and Gas Emissions in Methane Regulation Amendments and Emissions Cap
December 12, 2023As leaders around the world gathered at the 28th meeting of Conference of the Parties to the United Nations Framework Convention on Climate Change, the Federal Government released details for a number of policy initiatives targeting greenhouse gas emissions in the oil and gas sector, including proposed amendments to federal methane regulations and a federal framework for an oil and gas emissions cap.
Canada's Clean Tech Push & Alberta's Carbon Incentive
December 04, 2023On Tuesday, November 28, the Federal Government released a Notice of Ways and Means Motion for the implementation of certain provisions of the November 2023 Fall Economic Statement and March 2023 Budget. On the same day, the Alberta Government introduced a new Alberta Carbon Capture Incentive Program. Such announcements were made ahead of the annual COP28 climate conference being held in Dubai, United Arab Emirates.
B.C.'s International Opportunity in Clean Technology
November 24, 2023The Greater Vancouver Board of Trade’s annual Energy Forum, presented by Bennett Jones, put a spotlight on British Columbia and western Canada's position in the worldwide clean technology and energy market. I moderated a panel on the potential for export leadership—at a time when the demand for reliable, sustainable sources of responsibly produced, low-carbon intensive energy is resounding across the globe.
Change on the Horizon for Alberta's Electricity Regulatory Regime in 2024
November 23, 2023In 2004, Alberta's Transmission Regulation established the framework for the planning and development of Alberta’s electricity transmission infrastructure. Its intent was to attract new generation, increase competition, and serve expected increases in load. The regulation has remained largely unchanged since 2004. Meanwhile, the electricity system has experienced significant changes—in part due to the dramatic increase in the amount of intermittent renewable power generation facilities connecting to the grid.
Energy Forum 2023 Presented by Bennett Jones
November 16, 2023As a frontrunner in the energy industry for the last century, Bennett Jones was proud to be the title sponsor of the GVBOT's 2023 Energy Forum. The conference provided the setting for highlighting Western Canada's significant role in the future of global clean technology and the energy sector.
Land Leases for Renewable Energy Projects in Alberta
November 02, 2023In 2016, the Province of Alberta passed the Renewable Electricity Act, cementing its commitment to increasing the amount of green energy produced in Alberta, with a goal of 30 percent of Alberta's electricity coming from renewable sources by 2030. Since that time, the number and size of renewables projects in Alberta, particularly utility-scale wind and solar projects, have grown rapidly. In 2022, Alberta accounted for over three-quarters of all new wind and solar capacity growth in Canada, and the Alberta Electric System Operator has projected that renewables will account for 30 percent of the Province’s generation by 2026.
The Supreme Court of Canada's Opinion on the Impact Assessment Act
November 01, 2023The Supreme Court of Canada released its opinion regarding the constitutionality of the Impact Assessment Act (the IAA) and the Physical Activities Regulations on Friday, October 13. In a five to two majority opinion written by the Chief Justice, the Supreme Court of Canada found that the IAA was largely unconstitutional. Lawyers at Bennett Jones LLP who argued the case for Alberta at the Alberta Court of Appeal and the Supreme Court of Canada discussed this significant opinion and its implications for major project development in Canada as well as generally the regulation of matters related to the environment including what impact the opinion may have on new and proposed federal regulation of greenhouse gas emissions.
Going Nuclear: Updates on Alberta's Continued Pursuit of Small Modular Reactors
October 31, 2023The concept of deploying nuclear reactors as a carbon-free source of energy is gaining momentum in Alberta and elsewhere in Canada. This article explores recent promising developments in this space and discusses some of the challenges that lay ahead for those seeking to develop small modular reactors in Canada.
How EVs Are Moving Energy Forward in Ontario
October 31, 2023Marshall Eidinger discusses EV adoption and opportunities in the Moving Energy Forward podcast series, hosted by the Oakville Chamber of Commerce.
B.C. Accelerating Zero Emission Vehicle Sales Mandate
October 27, 2023Passed on May 30, 2019, the British Columbia Zero-Emission Vehicles Act requires automakers, and indirectly their dealers, to sell or lease an escalating percentage of new zero emission vehicles (ZEVs) vs. new internal combustion engine vehicles in the province, and to reach certain milestones: 10 percent ZEVs by 2025, 30 percent by 2030, and 100 percent by 2040. Bill 39-2023, the Zero-Emission Vehicles Amendment Act, 2023, has been introduced in the British Columbia Legislative Assembly. If passed, it will increase the milestones to: 26 percent ZEVs by 2026, 90 percent by 2030, and 100 percent by 2035.
Supreme Court of Canada Rules Impact Assessment Act Unconstitutional
October 13, 2023The Supreme Court of Canada (SCC) has issued an opinion that the Impact Assessment Act (IAA) and its Physical Activities Regulations are largely unconstitutional.
Key Regulatory Considerations for RNG Projects in Alberta
October 11, 2023A key component to the success of any RNG project is ensuring there is a regulatory plan established at the outset.
Canada's M&A Landscape Q3 2023: Special Edition on Energy
October 10, 2023The global energy industry took centre stage in Canada as the 24th World Petroleum Congress (WPC) was held in Calgary from September, 2023, addressing the theme of Energy Transition: The Path to Net Zero. In this special edition of Bennett Jones' quarterly M&A update, we look at deal activity in Canada's energy sector and what the key takeaways from WPC might tell us about what's to come. We also step outside of the energy world to assess new business opportunities in Alberta being created by the province's new Captive Insurance Companies Act.
Increasing Demand: Commercialization of Carbon Capture, Utilization and Storage (CCUS)
October 05, 2023As demand for Carbon Capture Utilization Storage (CCUS) technology increases, energy producers across Canada can capitalize on emerging opportunities. Bennett Jones had the privilege of being named the Official Legal Sponsor of the 24th World Petroleum Congress: a platform we leveraged to showcase our 101 years of expertise across the spectrum of the energy industry. Bennett Jones was also the Calgary Chamber Feature Member in the lead-up to the event including an insightful interview with Managing Partner Pat Maguire.
WPC 2023 Day Four: Fueling Innovation in Biofuels, RNG and SAF
September 21, 2023On the fourth and final day of the 2023 World Petroleum Congress in Calgary, Bennett Jones' Shawn Munro and Luke Morrison spoke with conference attendees about biofuels and renewable natural gas from both regulatory and commercial perspectives. They also discussed how sustainable aviation fuel is critical for the decarbonization of the aviation industry.
WPC 2023 Day Three: AI in the Energy Industry—Making Sense of the Noise
September 20, 2023There is a lot of noise around using artificial intelligence (AI) in the energy industry. Bennett Jones' Sébastien Gittens helped make sense of it on Day Three of the World Petroleum Congress in Calgary. He spoke with conference attendees about how AI is being used right now and what energy companies should consider when onboarding it.
WPC 2023 Day Two: What Matters Most in Hydrogen Production and CCUS
September 19, 2023On Day Two of the World Petroleum Congress in Calgary, Kevin Myson and Jessica Kennedy spoke about what matters the most in hydrogen production in Canada and why carbon capture, storage and utilization plays such an important part.
WPC 2023 Day One: Canada as a Global Energy Supplier
September 18, 2023Day One of the 24th World Petroleum Congress kicked off in Calgary today as 5,000 delegates from more than 100 countries have come together to help define realistic, workable paths to a net zero future. Bennett Jones is the Official Legal Sponsor of WPC 2023 and the firm is hosting Meet the Expert and Knowledge Connect sessions with our energy partners throughout the week. Today, Pat Maguire and Martin Ignasiak spoke about the role of Canada as a global energy supplier, how to make Canada more competitive and why more and more people are realizing that the energy question is not a simple one.
24th World Petroleum Congress
September 17, 2023As a frontrunner in the energy industry for the last century, Bennett Jones is proud to be the Official Legal Sponsor of the 24th World Petroleum Congress. The conference provides a unique opportunity to work together to develop realistic and workable paths to a net-zero future.
Boom in Hydrogen Technology: Patents Fueling Later-Stage Investments, Recent Report Finds
September 06, 2023A recent report—jointly published by the International Energy Agency and the European Patent Office—earlier this year, highlights the growing number of patent filings in the hydrogen sector.
The World's Long-Term Energy Plans Must Include Canada: Q&A with Jason Kenney
September 06, 2023The Honourable Jason Kenney served as the 18th Premier of Alberta, where he led the development and diversification of the province's energy sector, built partnerships with Indigenous communities and created new opportunities for businesses to grow and attract investment. As the start of the World Petroleum Congress 2023 nears in Calgary, Jason shares his insights on the Canadian oil & gas industry and this year's theme of the energy transition and the path to net zero.
Federal Government Asserts Jurisdiction over Electricity in New Draft Regulations
August 24, 2023The Canadian government released its long-anticipated draft Clean Electricity Regulations on August 10, 2023, setting out its approach to mandating a net-zero emissions power grid by 2035. In this note, we offer our insight on this federal regulatory initiative that will have implications on the electricity industry across Canada and is certain to be controversial in some regions of Canada, setting the stage for jurisdictional challenges and regulatory uncertainty, all of which must be addressed in order to establish a strong basis on which to invest.
Federal Government Releases Legislative Proposals for Clean Technology Investment Tax Credit
August 17, 2023On August 4, 2023, the Federal Government released proposed legislation for the Clean Technology Investment Tax Credit (Clean Tech ITC), as proposed by the 2022 Fall Economic Statement (the 2022 FES) and as modified by Budget 2023. The proposed legislation largely conforms to what was previously announced, as we previously discussed following the original announcement of the Clean Tech ITC in the 2022 FES.
Alberta's Pause on Renewable Projects: What We Know So Far
August 04, 2023In an unprecedented move, the Alberta Minister of Affordability and Utilities issued a surprise announcement on August 3, 2023, that the Alberta Utilities Commission was directed to pause approvals in respect of new renewable electricity generation projects until at least February 29, 2024, to facilitate a review of the policies and procedures for the development of renewable electricity generation.
LNG 2023
July 10, 2023We are excited to be attending the LNG 2023 conference where global players in the LNG industry will come together to discuss and showcase the latest industry developments and opportunities in LNG.
A Roadmap to Building a SAF Supply Chain in Canada
June 22, 2023The Canadian Council for Sustainable Aviation Fuels (C-SAF) recently launched a Roadmap for the country's aviation sector to remain competitive as it transitions to a net-zero future by 2050. C-SAF also published yesterday an open letter signed by the chief executives of almost 20 key players in Canada's aviation and aerospace industry calling on the federal and provincial governments in Canada to urgently assist in the development of the domestic supply of SAF.
New Helium Developments in Alberta and Saskatchewan
June 21, 2023Demand for helium has grown rapidly in recent years, which has spurred increased exploration and development activities in Canada. Helium is listed on the Government of Canada's critical minerals list, which identifies 31 minerals and metals considered "essential for the sustainable economic success of Canada and its trading partners."
Key Takeaways from the 2023 Canadian Hydrogen Convention: Part 1
May 16, 2023The 2023 Canadian Hydrogen Convention (CHC) recently took place in Edmonton, Alberta, bringing together over 8,000 industry leaders, stakeholders, and government officials from across Canada and around the world. CHC 2023 sent a loud and clear message that Canada is ready for large-scale, low-carbon hydrogen production and that the entire hydrogen value chain is ripe for investment.
The Current State of Canada's ZEV Market
March 20, 2023Federal and provincial policies are creating a new landscape for zero-emissions vehicles (ZEV) manufacturers, importers and suppliers, charging companies and investors to Canada. Opportunities and considerations include: a proposed national sales mandate for ZEVs; purchase incentives that vary by province; new frameworks for ZEV charging infrastructure; and a new compliance credit system.
Electric Contracts for Electric Vehicles: The Key Considerations
February 01, 2023Approximately 24 percent of Canada's greenhouse gas emissions come from the transportation sector. Legislation and regulations are being used to address these emissions by bringing in mandatory requirements. In addition to legislative and regulatory requirements, battery electric and other zero emission vehicles (ZEVs) are increasingly becoming a part of climate change strategy through initiatives offered to public and private sector entities to convert their carbon fuel fleets to ZEV fleets.
Energy Security and the Role of ESG
January 19, 2023Keely Cameron and Nathan Green write in CBA National on the opportunity for Canada to use ESG reporting to differentiate Canadian resources and provide greater global energy security through comprehensive, verifiable and measurable reporting. They describe why it is clear from the supply constraints imposed on the world that there is, and will continue to be, an important role for Canadian oil and gas in the years to come.
COP27 Hydrogen Wrap-Up: A Focus on Africa and Europe
November 25, 2022Momentum in the global hydrogen market continued to pick up at the recently completed COP27 climate summit in Egypt. Deals and partnerships were announced throughout the conference by governments and private companies—particularly between Europe and Africa.
A Leap Toward Net-Zero Power In Saskatchewan: SaskPower Approves 700 MW of New Renewables Procurement
November 24, 2022SaskPower, the Crown corporation responsible for the generation, transmission and distribution of electricity in Saskatchewan, announced on November 7, 2022, that it will add up to 700 megawatts of renewable generation by 2027 with a wind/solar mix of 400 MW of new wind generation capacity and 300 MW of new solar generation capacity in south-central Saskatchewan.
Practical Ways to Embed ESG Into a Business Strategy
November 16, 2022Radha Curpen writes for the Greater Vancouver Board of Trade on some of the ways companies are embedding ESG principles into their core business strategy.
Canadian Investment Tax Credits for Clean Technologies and Clean Hydrogen Announced in 2022 Fall Economic Statement
November 15, 2022One of the defining aspects of the Government of Canada's 2022 Fall Economic Statement that was announced on November 3, 2022, is its response to the Inflation Reduction Act in the United States. The IRA, signed into law by President Joe Biden on August 16, 2022, offers enormous financial incentives to the clean energy industry in the transition to a net-zero economy.
Canada Infrastructure Bank Commits $970 Million to Canada's First SMR
October 31, 2022On October 25, 2022, the Canada Infrastructure Bank (CIB) announced it is investing $970 million towards Canada’s first small modular reactor (SMR). The agreement with Ontario Power Generation (OPG) supports the development and construction of a 300-megawatt SMR next to OPG’s existing 3,500-megawatt Darlington Nuclear Generating Station.
Alberta's Role in the Pathway to Net-Zero
October 04, 2022The Energy Disruptors: Unite 2022 conference took place in Calgary recently, bringing together trailblazing "disruptors", ranging from industry leaders to institutional investors to award winning journalists and bestselling authors. With a goal of shifting perspectives to see global energy challenges as opportunities, EDU offers a conduit for global energy, mobility and climate solutions by "leaning in" on difficult conversations and boldly exploring complex topics.
Canadian Municipalities Increasingly Support Climate Change Litigation Against Oil and Gas Companies
August 10, 2022Canadian municipalities are passing motions to explore options for recovering climate change-related costs from oil and gas companies.
Developing the Solar Project: EPC Contracts in the Alberta Solar Sector
August 08, 2022Jason Roth, Geoffrey Stenger and Victoria Tulk write in Alberta Solar Review on key considerations for solar project developers when entering into an engineering, procurement and construction (EPC) contract.
Regulatory Considerations for Renewable Natural Gas Projects in Alberta
July 21, 2022As Alberta continues to diversify its economy, the province has seen significant growth and investment in recent years in the development of renewable projects. Renewable natural gas is one such area gaining increased attention in Alberta. In this blog, we provide an overview of the initial-stage regulatory considerations for RNG projects in Alberta.
Federal Government Publishes Final Regulations Aimed at Reducing GHG Emissions
July 13, 2022The federal Canadian Greenhouse Gas Offset Credit System Regulations (OCSR) and the Clean Fuel Regulations (CFR), under the Greenhouse Gas Pollution Pricing Act and Canadian Environmental Protection Act, 1999, respectively, have recently come into force. Both the OCSR and the CFR represent important legislative components which underpin Canada's greenhouse gas (GHG) emission reduction aspirations, as set forth in Canada's 2030 Emissions Reduction Plan.
Achieving Net Zero by 2050: The MMV Plan as a Fundamental Component to Carbon Sequestration Operations
June 23, 2022The Government of Canada adopted the Canadian Net-Zero Emissions Accountability Act in 2021 that sets an ambitious emissions reduction target of 40 to 45 percent below 2005 levels and net-zero by 2050, followed by the introduction of the 2030 Emissions Reduction Plan on March 29, 2022 for achieving those legislative requirements. In that regard, the net-zero transition exposes all sectors of the economy to disruption, and along with the upstream oil and gas sector, are facing increased scrutiny of their commercial operations, including environmental, social and governance objectives.
UN Secretary-General Calls for IP Sharing to Jump-Start Renewable Energy Transition
May 20, 2022Michael Whitt comments in the Globe and Mail on UN Secretary-General Antonio Guterres' call for global sharing of intellectual property to jump-start the renewable energy transition. Guterres made his remarks at the release of the World Meteorological Organization's State of the Global Climate 2021 Report.
Alberta Court of Appeal Releases Reference Opinion on Constitutionality of the Federal Impact Assessment Act
May 11, 2022The Province of Alberta referred two constitutional questions to the Alberta Court of Appeal: a) whether the federal Impact Assessment Act (IAA), part of Bill C-69, is unconstitutional in whole; and b) whether certain regulations made under the IAA are unconstitutional in whole or in part. The case was argued before the Alberta Court of Appeal in February of 2021.The Court released its opinion on May 10.
Small Modular Reactors Gain New Traction
April 25, 2022David Macaulay, Luke Morrison, Sharon Singh and Dayo Ogunyemi write in the Daily Oil Bulletin and JWN Energy on small modular reactors (SMR) gaining traction due to their size, design and the potential to help reduce greenhouse gas emissions.
Canadian Budget Proposes New Investment Tax Credit For Carbon Capture, Utilization and Storage
April 12, 2022The 2022 Canadian Federal Budget, released on April 7, 2022, sets the fundamental groundwork of the Government of Canada's goals for national economic development. Following Canada's announcement of its 2030 Emissions Reduction Plan on March 29, 2022, for achieving a net-zero economy by 2050, the Budget establishes a refundable investment tax credit for Carbon Capture, Utilization and Storage (CCUS) beginning in 2022. The Budget did not provide specific proposed legislation for the CCUS Tax Credit. As a result, there could be differences between the form of future proposed legislation and the Budget and such differences could be material.
Canada's Clean Electricity Standard Consultation Underway
April 04, 2022The Government of Canada (through Environment and Climate Change Canada) launched a consultation through the publication of a discussion paper, "A Clean Electricity Standard in support of a net-zero electricity sector: discussion paper," to solicit comments on a clean electricity standard under the Canadian Environmental Protection Act, 1999. The consultation is in support of the stated goals of the federal government to transition to a net-zero electricity supply by 2035 and to achieve economy-wide net-zero emissions by 2050.
2030 Emissions Reduction Plan
April 01, 2022On March 29, 2022, the Government of Canada released the first of a series of emissions reduction plans, entitled "2030 Emissions Reduction Plan – Canada's Next Steps for Clean Air and a Strong Economy" under the Canadian Net-Zero Emissions Accountability Act. The Act, which establishes in law Canada's 2030 emissions reduction target of 40 to 45 percent below 2005 levels and net-zero by 2050, requires Canada to set emissions reduction targets at five-year intervals and to publish credible plans to meet such targets. Accordingly, the ERP lays out a high level sector-by-sector approach for Canada to reach its climate targets.
Indigenous Reconciliation and the Climate: A Review of Two of Canada's Priorities in 2022
March 30, 2022On December 16, 2021, the Prime Minister released the much-anticipated mandate letters outlining executive priorities and providing direction to cabinet ministers for the upcoming term. While customized for each of the 38 cabinet ministers, the letters contain some common priorities. These letters touched on many issues, including economic recovery and creating a more diverse and inclusive Canada. Two priorities emerged that are likely consistent with the strategic direction of companies in natural resources and other emissions-intensive industries: (i) accelerating efforts to address climate change and (ii) advancing Indigenous reconciliation.
Small Modular Reactors: A Key Component to a Low Carbon Future?
March 29, 2022Energy innovation and transformation is front and centre at all levels of government and industry as society collectively tackles climate issues. Interest in the development and deployment of Small Modular Reactors (SMRs) continues to gain traction due to their size, design and the potential to help reduce greenhouse gas emissions. SMRs are nuclear fission reactors that can produce significant amounts of low-carbon electricity despite being considerably smaller in scope and footprint than conventional nuclear reactors.
Canada Launches New Fund From Carbon Pollution Pricing
March 14, 2022On February 14, 2022, the federal government announced the launch of the Output-Based Pricing System Proceeds Fund (the OBPS Proceeds Fund), which will aggregate the proceeds received by virtue of the federal Output-Based Pricing System (the OBPS). The OBPS Proceeds Fund aims to support industrial initiatives that reduce greenhouse gas (GHG) emissions and deploy clean technology and green energy by re-investing the proceeds of the federal OBPS back into the jurisdictions from which they originate, into projects that reduce carbon pollution.
Geothermal Resource Development: Alberta Energy Issues Guidance for Obtaining Geothermal Resource Leases
February 16, 2022On January 25, 2022, Alberta Energy issued Mineral Rights Information Bulletin 2022-02 (Bulletin) setting out guidance for acquiring deep geothermal resource leases for stand-alone geothermal operations in Alberta. The Bulletin advises that Alberta Energy will consider geothermal leases on a first-in, first-out basis. Accordingly, proponents that are considering applying for geothermal leases where there may be more than one application for the same location or where applications may request overlapping rights, should consider the timing of their application to Alberta Energy in light of Alberta Energy's guidance for its consideration of geothermal lease applications.
Alberta Releases Roadmap to a Hydrogen Economy
November 15, 2021On November 5, 2021, the Government of Alberta released its Hydrogen Roadmap (the H2 Roadmap), which presents the government's policy framework for encouraging a domestic market for clean hydrogen and capitalizing on an anticipated multi-billion dollar global hydrogen economy. As discussed in our prior posts on the New Energy Economy, Alberta's move follows similar strategies released earlier by the governments of British Columbia and Canada, as well as strategies released in Germany and the EU, Japan and South Korea and Australia.
Regulatory Changes to Saskatchewan Pipeline Development and Energy Industry Incentive Programs
October 25, 2021The Government of Saskatchewan has recently implemented a number of regulatory changes to assist energy projects. These changes further expand and refine the Ministry of Energy and Resources 2019 Petroleum Innovation Incentive Program (PIIP or SPII) and the 2020 Oil Infrastructure Investment Program (OIIP). Additionally, the programs now go beyond oil and gas to include carbon dioxide projects and helium projects.
Bennett Jones Represents ATCO on Acquisition of 39MW Empress Solar Project
September 20, 2021Bennett Jones acted for ATCO Ltd. in its acquisition of the Empress Solar Project, a 39 MW photovoltaic solar facility under development in Alberta. This marks another step in ATCO's commitment to contribute to the decarbonization of the electricity grid while enabling customers to reduce the carbon intensity of their energy.
Duncan McPherson on B.C.'s Hydrogen Strategy
July 29, 2021Duncan McPherson comments in Hydrogen Economist on British Columbia’s comprehensive hydrogen strategy. He explains that, "many regulatory changes are needed to lay the foundation for a successful hydrogen industry in the province. The two most important changes are regulations to allow carbon capture and storage to open the door for blue hydrogen production in the province, and regulations to provide water rights to green hydrogen projects since electrolysers need a lot of water.”
British Columbia Announces Hydrogen Strategy
July 15, 2021On July 6, 2021, the Government of British Columbia released its Hydrogen Strategy outlining 63 actions to be undertaken over the short-term (2020-25), medium-term (2025-30) and long-term (2030-50) to make B.C. a leader in local hydrogen adoption and global hydrogen business.
Alberta Plans to Introduce a Competitive Process for Carbon Sequestration Tenure
May 14, 2021On 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 a large volume of carbon dioxide is captured, transported, and injected into the ground to be permanently stored.
Bennett Jones Acting for ATCO on Potential Clean Hydrogen Project with Suncor
May 14, 2021Bennett Jones is acting for ATCO Ltd. in a potential world-scale hydrogen project in Alberta. ATCO is collaborating with Suncor Energy Inc. on early stage design and engineering for a potential clean hydrogen project near Fort Saskatchewan.
Saskatchewan to Introduce a Road Use Charge for Passenger Electric Vehicles
May 12, 2021On 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 to introduce a new road use charge for electric vehicles (EVs). While similar charges have been introduced in certain U.S. states, this is the first tax of its kind in Canada and is intended to offset the impacts on the provincial fuel tax associated with EVs.
The New Energy Economy: Alberta's Hydrogen Potential
May 04, 2021In the first in a series of podcasts exploring the new energy economy, emerging trends and technologies transforming the energy industry, Vivek Warrier hosts a discussion with three special guests: the honorable Doug Schweitzer, Alberta Provincial Minister of Jobs, Economy, and Innovation, Bob Myles, Executive Vice President, Corporate Development of the ATCO Group, and Kenryo Mizutani, Senior Researcher in the Vancouver office of the Japan Oil and Gas and Metals National Corporation (JOGMEC).
The Power of Now in Canada's Energy Industry
December 22, 2020It is an exciting time in the Canadian energy industry, but also a pivotal one. We need to maximize the value of our current energy resources, and continue to develop new lower-carbon sources that customers want to buy, to help drive growth and to make our economy more resilient and diversified.
Canada's Hydrogen Strategy
December 17, 2020Following 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: Seizing the Opportunities for Hydrogen on December 16, 2020. The Strategy seeks to galvanize Canadian production, use, and export of clean hydrogen as an important element in reducing carbon emissions to net zero by 2050, while maintaining Canada's role as a leading global energy player.
Understanding Canada's Economic Future
December 15, 2020David Dodge is featured in A Strategic Reboot for Canada to Get Going of Veritas Investment Research Fact-Finding Video Conferences.
The Greater Vancouver Board of Trade Energy Forum
December 01, 2020Bennett Jones was proud to present The Greater Vancouver Board of Trade's Energy Forum. Global trends such as technological acceleration, geopolitical shifts, deglobalization and financial distress are presenting new challenges and opportunities that are changing our energy landscape.
Alberta's Industrial Heartland as Canada's Potential First Hydrogen Node
November 23, 2020Alberta's Industrial Heartland is well-positioned to play a foundational role in developing Canada's hydrogen economy.
Alberta's APIP Aiming the Province to Petrochemical Facility Leadership
November 04, 2020With the newly announced Alberta Petrochemicals Incentive Program (APIP), the Alberta government intends to attract $30 billion in new investments by 2030.
Alberta Introduces New Legislation to Lay the Groundwork for Geothermal Resource Development
October 28, 2020Following the release of Alberta's Recovery Plan, which included plans to diversify Alberta's economy and develop a new energy strategy, the Alberta government has made a series of announcements on plans to develop strategies and regulations to assist in the diversification of the province's energy industry. After its announcement on October 7, 2020, to develop a geothermal strategy, the Honourable Sonya Savage, the Minister of Energy, introduced Bill 36, Geothermal Resource Development Act, on October 20. When enacted, Alberta will be the second province in Canada after British Columbia to have geothermal-specific legislation.
Alberta's Natural Gas Vision and Strategy
October 21, 2020The Government of Alberta is laying out its plans to diversify and grow the province’s energy industry. The goal is to position the sector for responsible energy development in a post-pandemic world. Major announcements have been made and there are more to come in the fall of 2020 and early 2021. This is the first in Bennett Jones' New Energy Economy Series on the future of Canada's energy industry. We will look at key developments at the provincial and federal levels and what they mean for businesses and investors.
Bennett Jones