Wind generator turbine on summer landscape
Wind generator turbine on summer landscape
Wind generator turbine on summer landscape

ENERGY

Governments around the world constantly look for energy security to power their economies, while also seeking price stability. The highly competitive energy industry has become even more complex as public and private enterprises are subject to a myriad of regulations that differ greatly from one country to the next. Achieving commercial goals in this industry requires informed and experienced legal counsel.

Canada is a key player in the world’s energy markets with some of the world’s largest oil reserves and innovation in nuclear, renewable power, and alternative sources such as wind, solar and biofuels. McMillan’s Energy Industry Group has deep experience across the entire energy sector, both in Canada and internationally. We provide strategic assistance and tactical legal solutions to clients across the entire energy value chain, including senior, intermediate and junior oil and gas companies, utilities, renewable power generators, alternative energy developers, and financial institutions. With an understanding of transactions and regulations we provide advice to governments at the federal and provincial levels, and work with major energy consumers to structure deals that meet their commercial goals.

McMillan Energy Group has advised clients operating across the entire energy spectrum including nuclear, biomass, wind, solar, natural gas, hydroelectric, storage, district energy, geo-exchange and demand management. Our professionals have served as counsel to both the Canadian Solar Industries Association and the Ontario Energy Association, as Chair of Ontario’s Market Surveillance Panel, as a Member of the National Energy Board, and as a Director of Canada’s largest municipal utility. We also helped the Independent Electricity System Operator (formerly, the Ontario Power Authority) develop the Renewable Energy Standard Offer Program, which was the basis for Ontario’s Feed-In Tariff Program.

ELECTRICITY AND UTILITIES

McMillan’s Energy Industry Group is made up of professionals with experience in the regulated and unregulated sides of the power business. With our deep understanding of energy law, we have helped design electricity markets and have acted for a variety of generation and cogeneration clients across Canada and North America. Companies involved in the electricity and utilities industry require legal counsel that brings an in-depth understanding of the complex regulatory environment that underpins the sector.

Among the ways McMillan’s lawyers is clients is by advising on mergers, acquisitions and divestitures; assisting with establishing and licensing development projects; providing regulatory advice and representation before regulators and other governmental bodies; advising buyers and sellers of carbon credits; advising on financing, assignment and operational matters; assisting new entrants with establishing operations in Canada; advising on tax matters; and negotiating agreements with equipment suppliers, subcontractors and other third parties.

NATURAL RESOURCES

Canada is known around the world for its abundance of natural resources including forests, oil and gas, minerals, metals, and water. Lawyers who understand its sectors inside and out, from both a Canadian and global perspective are best to advise clients on transactions and the constantly changing regulations. McMillan’s Energy Industry Group routinely works with governments, financial institutions, investment and pension funds, indigenous groups, environmental agencies, and non-governmental organizations (NGO), and so we understand their points of view and how they relate to Canadian and global businesses operating in this industry.

At McMillan, our lawyers help our clients by advising on negotiations with NGOs, foreign investment, government relations and socio-economic issues; providing mineral policy and strategy advice to governments and industry participants globally; assisting with navigating Canadian environmental laws to help protect their reputations and business operations; representing indigenous groups and counselling on commercial deals involving indigenous groups; negotiating timber rights and other contracts; cooperating closely with our firm’s banking, corporate, government relations, litigation, and tax practices to offer comprehensive business strategies; and advising on interactions with engineers, geologists, prospectors, foreign governments, regulators, stock exchanges, and professional advisors.

RENEWABLES

McMillan’s Energy Industry Group has a focus on renewable energy projects and is at the forefront of developments in the hydro, biomass, wind and solar sectors, helping bring projects from idea to reality across North America. We have extensive experience renewing leasing, drafting engineering and procurement and construction contracts, and financings for dozens of megawatts of solar and wind projects. Our team has served as counsel to both the Canadian Solar Industries Association and the Ontario Energy Association, and were counsel to the Ontario Power Authority on the development of the Renewable Energy Standard Offer Program (RESOP). RESOP served as the basis for Ontario’s Feed-In Tariff (FIT) program

Among the ways McMillan lawyers serve our clients is by assisting with participation in Ontario’s FIT program, as well as RFPs and calls for tender in other provinces; advising on the Renewable Energy Approval and other environmental approval processes; dealing with distributors and transmitters on grid connection; negotiating equity and debt financings; and performing due diligence and bankability studies.

ALTERNATIVES

As the world continues to move towards safe and reliable sources of energy, the production of oil and gas alternatives increases. Canada is at the forefront of many of these developments, fostering programs that encourage the development and commercialization of alternative fuel sources such as solar, wind, geothermal and biofuels.

Our lawyers at McMillan understand the depth of business and energy innovation. In the wind and solar sectors, we have developed template forms of wind lease options and easements, as well a standard form solar rooftop lease that can be used by developers in their rooftop leasing programs. We have also acted for landowners and landlords in preserving their rights under similar leases and easements. Our extensive renewable leasing experience is matched by our experience drafting engineering, procurement and construction contracts for dozens of solar projects.

McMillan’s Energy Industry Group helps clients lead by counselling industry associations and governmental bodies as they advocate for, and create regulations governing, the alternative energy sector; assisting with feed-in tariff programs; advising on environmental approval processes; negotiating financing for investors, developers, borrowers and lenders; performing due diligence and bankability studies on prospective projects; and advising on the purchase and sale of green power and renewable energy credits.

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Insights (119 Posts)

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New Mandatory Reporting Requirement for Businesses: Canada’s Modern Anti-Slavery Bill Becomes Law

Canada imposes new reporting obligations on forced labour, and what it means for Canadian businesses.

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May 3, 2023
Featured Insight

Budget Foreshadows Significant Changes to Federal Transportation Regulation

On March 28th, the Government of Canada tabled its 2023 Budget, which foreshadows significant proposed changes to the federal transportation regulatory regime.

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Apr 12, 2023
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Budget 2023: Clean Energy Incentives and Resource Sector Measures

Budget 2023, announced by the Federal Government on March 28, 2023, contains several measures aimed at facilitating Canada’s transition to a net-zero economy

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Mar 31, 2023
Featured Insight

Budget 2023: An Expanded General Anti-Avoidance Rule is on the Horizon

The Income Tax Act (Canada) contains a General Anti-Avoidance Rule that disallows tax benefits arising from certain tax-motivated transactions

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Mar 31, 2023
Featured Insight

Budget 2023: Alternative Minimum Tax

Budget 2023 proposes the first major changes to the Alternative Minimum Tax (the “AMT”) since its introduction in 1986

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Mar 31, 2023
Featured Insight

Budget 2023: Proposed GST/HST Amendments Affect the Scope of Financial Services

Budget 2023 proposes to amend the Excise Tax Act (the “ETA”) to expressly subject supplies of “payment card network” services to Goods and Services Tax/Harmonized Sales Tax (“GST/HST”).

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Mar 31, 2023
Featured Insight

Budget 2023: Employee Ownership Trust Measures Unveiled

Consistent with the Federal Government’s (the “Government”) prior statements in Budget 2022, Budget 2023 proposes amendments to the Income Tax Act (Canada)

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Mar 31, 2023
Featured Insight

Canada’s Budget 2023: Compromise and Competition – Climate, Carbon and CCfDs

An update on Canada’s Budget 2023 and the future of carbon contracts for differences (CCfDs) in Canada.

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Mar 29, 2023
Featured Insight

Québec Industrial Establishments Face Substantial Increase To Environmental Discharge Fees

This bulletin provides an overview of certain regulatory amendments that would increase fees for Québec industrial establishments.

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Mar 15, 2023
Featured Insight

The Energy Statutes Amendment Act – Expansion of Liability for Officers and Directors in Energy Sector

British Columbia’s Energy Statutes Amendment Act expands the potential liabilities for oil and gas activities to directors and officers.

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Mar 10, 2023
Featured Insight

More Bang for Your Buck: OSC’s updated fee structure to take effect April 3, 2023

Amendments to OSC Rule 13-502 Fees, OSC Rule 13-503 (Commodity Futures Act) Fees and their related companion policies coming into force April 3, 2023.

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Mar 8, 2023
Featured Insight

As NAFTA Legacy Claims Window Closes, Canadian Businesses with Investments in Mexico Maintain Important Protections under CPTPP

Time is running out for investors to launch NAFTA legacy claims, however Canadian claimants maintain important protections against Mexico under the CPTPP.

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Mar 1, 2023
Featured Insight

Broadening the Environmental Enforcement Toolkit: Ontario Expands Administrative Monetary Penalty Regime for Environmental Violations

Ontario is broadening its existing administrative monetary penalties (AMPs) regime for environmental violations.

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Feb 28, 2023
Featured Insight

Clear as Mud: The Legal Implications of Land Use Planning in Yukon

A January 31, 2023 decision of the Yukon Supreme Court has raised serious questions about how permitting decisions will be affected.

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Feb 13, 2023
Featured Insight

Canada Enacts New Reporting Requirements under the Greenhouse Gas Reporting Program

This bulletin highlights key new reporting requirements under the federal Greenhouse Gas Reporting Program.

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Feb 8, 2023
Featured Insight

Just the Facts Please! A Discussion of Limitation Periods for Environmental Claims

This Bulletin considers how limitation periods apply to environmental claims in Ontario and how to reduce the risk of missing one.

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Feb 2, 2023
Featured Insight

The Energy Statutes Amendment Act – British Columbia Welcomes the Hydrogen Industry

British Columbia’s Energy Statutes Amendment Act makes sweeping changes to the regulation of energy in British Columbia.

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Feb 1, 2023
Featured Insight

Cleaning Up Canada’s Auto-Emissions – Canada Announces New Manufacturer Sales Targets to Reach the 2035 Transition to 100% Zero-Emission Vehicles

Canada proposes new auto manufacturing targets for zero-emission vehicles beginning for 2026 year models.

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Jan 17, 2023
Featured Insight

Modernization of the Investment Canada Act is Underway

The Canadian federal government introduced Bill C-34, An Act to Amend the Investment Canada Act, to modernize Canada’s national security regime.

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Dec 12, 2022
Featured Insight

Reporting Issuers Need to be Factual and Balanced, Striving for Accurate and Comprehensive ESG reporting

The CSA cautions issuers against overly promotional "greenwashing" language in continuous disclosure in its biennial report - Staff Notice 51-364.

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Nov 30, 2022
Featured Insight

Surveying the Canadian Hydrogen Landscape: Recent Developments & Looking Forward

An update on recent Canadian developments in the Hydrogen industry

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Nov 30, 2022
Featured Insight

Foreign Investment in Canada: Minerals are Critical and Annual Report Released

The government’s approach to reviewing foreign investment is evolving, with an increased focus on national security concerns.

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Nov 7, 2022
Featured Insight

Proposed National Flood Insurance Models for Canada: A Summary of the Recent Report from the Task Force on Flood Insurance and Relocation

A summary of the Government of Canada's recent report regarding the development of a national flood insurance program.

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Sep 13, 2022
Featured Insight

Are First Nation Shared Decision-Making and Collaboration Agreements Being Used Illegally?

What do non-treaty agreements mean for people or companies that may be affected by them.

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Aug 9, 2022
Featured Insight

Developers Beware: Changes to O. Reg. 242/08 Under the Endangered Species Act and What They Mean for Projects Already Underway

Companies may be affected by updated requirements under the Endangered Species Act, including prohibitions on harming new species at risk and related exemptions.

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Jul 5, 2022
Featured Insight

Federal Government Proposes New Act to Reinforce Critical Cyber Security in Canada

Bill C-26, An Act respecting cyber security, would do two things: amend the Telecommunications Act and enact the Critical Cyber Systems Protection Act.

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Jul 5, 2022
Featured Insight

Upcoming Changes to the B.C. Oil and Gas Royalty Framework

Oil and natural gas producers that access and develop publicly owned resources in BC must pay either a royalty or a freehold production tax to the Province.

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Jun 8, 2022
Featured Insight

Canada Further Expands its Sanctions Regime Against Russia

An update on Canada’s sanctions measures in response to military actions taken by Russia against Ukraine.

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Mar 29, 2022
Featured Insight

The Potential Impact of the Ukraine Conflict on Contracts Between Canadian and Russian Companies

Legal tools Canadian companies should seek advice on if they are no longer able perform contractual agreements because of the war in Ukraine

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Mar 8, 2022
Featured Insight

ESG in Canada: What We Learned in 2021 and Looking Ahead to 2022

In this rapidly evolving business environment, this report from McMillan’s ESG Initiative offers companies and business leaders in Canada an essential overview of ESG developments in regulations, laws and norms that have occurred over the last year.

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Mar 4, 2022
Featured Insight

Mandatory COVID-19 Vaccination Policy Upheld

An Ontario arbitrator upheld an employer's vaccine mandate for both a site where a 3rd party obligation existed and a related site with no such obligation.

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Jan 12, 2022
Featured Insight

Ontario Arbitrators Continue to Uphold Terminations of Employees who Breach COVID-19 Safety Protocols

A recent decision by an Ontario arbitrator further affirmed the notion that dishonesty during COVID screening protocols by an employee can lead to termination.

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Jan 12, 2022
Featured Insight

Mandatory Vaccination Policy: “Reasonable, Enforceable”

A labour arbitrator upheld an employer’s mandatory vaccination policy, finding the policy to be reasonable and enforceable.

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Nov 11, 2021
Featured Insight

Privacy Commissioner Releases More Guidance for Video Teleconferencing Companies

Video teleconferencing companies face unique cybersecurity and data privacy risks. The OPC has new guidance on how these companies can best address them.

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Nov 3, 2021
Featured Insight

Major Canadian Banks Join Net-Zero Banking Alliance (NZBA) — Unpacking the Initiative and Net-Zero Commitments

On the eve of the 2021 United Nations Climate Change Conference, six of Canada’s largest banks announced they had signed on to the Net-Zero Banking Alliance.

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Oct 21, 2021
Featured Insight

Antitrust Reform: Canada Too!

James Musgrove and Sarah Stirling-Moffet talk Competition law reform in Canada after the Commissioner’s CBA speech - more money, more power!

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Oct 21, 2021
Featured Insight

Evidence of ESG in the Construction and Development Industry

An overview of ESG initiatives in Construction & Development; key information for those looking to implement their own ESG strategies

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Aug 18, 2021
Featured Insight

“Say on Climate” — Key Considerations in Implementing Shareholder Votes on Climate

Shareholder engagement on climate-related matters continues to grow across the globe, including Canada, these issues are a key focus area for public companies

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Jul 16, 2021
Featured Insight

Greening Canadian Borders – Canada Considers Border Carbon Adjustments for Carbon-Intensive Imports

Border Carbon Adjustments are being explored by various countries including Canada in its 2021 Budget to support climate change initiatives.

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Jul 6, 2021
Featured Insight

Is Private Sector Privacy Legislation Looming in Ontario?

Ontario government seeks input on privacy policy proposals, signaling that Ontario private sector privacy legislation may be on the horizon

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Jul 5, 2021
Featured Insight

Amendments to the OHSA Consolidate Reporting Requirements for Workplace Accidents Effective July 1, 2021

The Ontario government introduced amendments to Regulations under the Occupational Health and Safety Act to consolidate accident reporting requirements.

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Jun 30, 2021
Featured Insight

An International Overview of Existing Climate-Related Insurance Initiatives: Finding the Right Path for Canada

Part of our ESG initiative, this article summarizes existing climate-related insurance initiatives and suggests programs that may be most successful in Canada.

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Jun 30, 2021
Featured Insight

ICMA Green Bond Principles Undergo Minor Facelift

Legal news bulletin discussing recent changes to ICMA Green Bond Principles.

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Jun 17, 2021
Featured Insight

Climate, Credit & Canada – Growth of Green Bonds, Sustainability-Linked Credit and Net-Zero Banking

Climate, Credit & Canada - Growth of Green Bonds, Sustainability-Linked Credit and Net-Zero Banking

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Jun 7, 2021
Featured Insight

Taking Stock of Governance — Understanding Emerging ESG, Regulatory, and Market Trends

Taking Stock of Governance — Understanding Emerging ESG, Regulatory, and Market Trends

Read More
May 26, 2021
Featured Insight

Charging Ahead: Alberta and Saskatchewan Joining Forces with Ontario and New Brunswick on Small Modular Reactors

Update on developments in nuclear energy and small modular nuclear reactors in Canada, including the memorandum of understanding that was recently signed.

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May 26, 2021
Featured Insight

Taking Stock of Governance — Understanding Emerging ESG, Regulatory, and Market Trends (adapted to the Province of Québec)

Taking Stock of Governance — Understanding Emerging ESG, Regulatory, and Market Trends (adapted to the Province of Québec)

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May 26, 2021
Featured Insight

Primer on Canadian Federal and Provincial Cleantech Funding Programs

Across Canada, entrepreneurs are striving to develop technologies to reduce greenhouse gas emissions, improve environmental sustainability, and provide other climate-related solutions to the domestic and international markets.

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May 25, 2021
Featured Insight

Canadian Privacy Commissioners Issue Joint Guidance on Vaccine Passports

Commissioners warn that privacy considerations must be “front and centre” as organizations develop and implement vaccine passports in the coming months

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May 25, 2021
Featured Insight

Ontario’s New Excess Soil Regulations – Construction Contract Implications

Ontario’s new On-Site and Excess Soil Management Regulation, O. Reg 406/19 may impact existing and future construction contracts

Read More
May 5, 2021
Featured Insight

End of the Bellatrix GasEDI Saga Marks Beginning of Market Fallout

The Alberta Court of Appeal's dismissal of Bellatrix's appeal leaves substantial uncertainty for natural gas market and all derivatives counterparties.

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May 5, 2021
Featured Insight

Significant Changes to Canada’s Federal Environmental Protection Regime Proposed

The government of Canada is proposing significant changes to the Canadian Environmental Protection Act, 1999 through the introduction of Bill C-28.

Read More
Apr 28, 2021
Featured Insight

Road to Zero: Parliamentary Standing Committee Calls for Canada to Implement ZEV Standard

A report released by a Committee of Canada’s Parliament includes 13 recommendations to encourage the production and purchase of ZEVs in Canada.

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Apr 27, 2021
Featured Insight

Canada’s Federal Greenhouse Gas Offset Credit System Creates Green Incentives for Regulated Facilities

Publication of Greenhouse Gas Offset Credit System Regulations under section 195 of the Greenhouse Gas Pollution Pricing Act.

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Apr 7, 2021
Featured Insight

Supreme Court of Canada Upholds Federal Carbon Pricing Regime

In a decision released March 25, 2021, the Supreme Court of Canada ruled that the Greenhouse Gas Pollution Pricing Act is constitutional.

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Mar 29, 2021
Featured Insight

Fueling the Future: Canada’s Plan to Reduce Greenhouse Gas Emissions under the Clean Fuel Regulations

The federal government's proposed Clean Fuel Regulations will require the gradual reduction in the carbon intensity of fossil fuels supplied in Canada.

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Mar 26, 2021
Featured Insight

There Must be Something in the Water. Let’s Talk Hydrogen.

Please join us for an engaging panel discussion with experts and thought leaders from the political, academia, legal and business sectors to discuss the national hydrogen strategy.

Details
February 9, 2021 - 1:00 pm to 2:30 pm EST
Featured Insight

Mandatory Vaccination Policies for Employees: Enforceable or a Shot in the Dark?

There are vaccines, and there will be (at some point) enough for everyone in Canada to receive it. But what happens if your employees refuse to be vaccinated?

Read More
Dec 23, 2020
Featured Insight

Oil and Gas Sector Consolidation Invites Competition Bureau Reviews

With the recent surge in M&A activity in the oil and gas sector, the Competition Bureau may call on industry participants to investigate some of these deals.

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Nov 17, 2020
Featured Insight

Plan for the Ban: Canada Announces Plan to Tackle Single-Use Plastics

Canada federal government announces plan for ban of single-use plastics and management of plastic waste through recycling and end-of life responsibility.

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Oct 9, 2020
Featured Insight

Mandatory Indoor Face Coverings: What Ontario Employers Need to Know

Mandatory Indoor Face Coverings: What Ontario Employers Need to Know

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Oct 6, 2020
Featured Insight

Ontario Employers be Aware: New Mandatory Screening Requirements for Ontario Workplaces

Employers should take immediate steps to implement the new mandatory COVID-19 screening requirements for Ontario workplaces.

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Sep 30, 2020
Featured Insight

British Columbia Modernizes Its Arbitration Act

The New Arbitration Act came into force on September 1, 2020 and this article explains its significant changes to the former Act, closing gaps and deficiencies.

Read More
Sep 29, 2020
Featured Insight

Federal Government Accepts Ontario’s Emissions Performance Standards (EPS) Program for Regulation of Greenhouse Gas Emissions – Transition Dates to Come

Ontario Minister of Environment, Parks and Conservation announced that its Emissions Performance Standards (EPS) program has been accepted by federal government

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Sep 21, 2020
Featured Insight

Cross-Country Check-In: COVID-19 and the Environment

Canada's governmental and regulatory bodies have taken steps to temporarily alter legal requirements in light of COVID-19 to lessen the burden on businesses.

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Sep 10, 2020
Featured Insight

Alberta’s Recovery Plan and its Bedrock: The Energy Sector

Government of Alberta announces plan to spur economic recovery of the energy sector.

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Aug 5, 2020
Featured Insight

Ontario Amends Employment Standards Legislation in Response to COVID-19

Ontario passes new protected leave of absence for employees impacted by COVID-19, and suggests COVID-19
cases should be reported as occupational illnesses.

Read More
Aug 5, 2020
Featured Insight

Alberta’s New Liability Management Framework: A Teaser of What’s Coming

Government of Alberta announces changes to the regulatory regime that governs oil and gas liabilities.

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Aug 4, 2020
Featured Insight

Bill 31 – Environmental Protection Statutes Amendment Act Passed and In Force – Cutting Red Tape and Returning Discretion to Alberta Environment and Parks

Overview of Alberta's Bill 31- Passed on July 23, 2020: amending statutory definitions of minerals and clarify treatment of silica sand.

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Aug 4, 2020
Featured Insight

Government Proposes Relief for Issuers of Flow-Through Shares

This article discusses the government's proposal to extend the time for junior mining companies to spend amounts raised on issuance of flow-through shares.

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Jul 28, 2020
Featured Insight

Ontario Small Businesses Get a New Ride on the Digital Main Street

Review of the Ontario Digital Main Street initiative and new funding introduced by the government to assist businesses pivoting to an ecommerce business model.

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Jun 24, 2020
Featured Insight

Material Adverse Effect Clauses in a COVID-19 World

Review and analysis of recent developments where parties try to rely on MAE clauses as a mechanism to avoid closing a transaction.

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Jun 23, 2020
Featured Insight

Making B.C. an Emerging Economy Leader

Review of the BC Emerging Economy Task Force Report and how BC companies can position themselves to take advantage of the emerging economy of the future.

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Jun 23, 2020
Featured Insight

Construction through COVID-19 in Canada: A Guideline for what each Province and Territory is Doing

How each Province is managing the impact of COVID-19 by restricting construction activities, suspending litigation time periods and recommending H&S practices

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Jun 11, 2020
Featured Insight

Making Innovation Work for British Columbia

Analysis and guidance on how BC companies can benefit from the BC Innovation Commissioner's recommendations and help make BC a technology powerhouse.

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Jun 3, 2020
Featured Insight

Ontario Provides Employers with Temporary Relief from COVID-Related Termination Risks

Ontario introduces creative measures (O. Reg. 228/20) to the Covid-related temporary lay off dilemma.

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Jun 1, 2020
Featured Insight

Privacy Penalties – Canadian Competition Bureau Wades Into Privacy Enforcement

Organizations operating in Canada are advised to immediately review their privacy-related policies and marketing to avoid false or misleading representations

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May 26, 2020
Featured Insight

Federal Aid Package for Energy Sector and Alberta’s Plan to Spend It

The Federal Government released details of the long-awaited aid package to help the oil and gas industry. This article will overview those relief measures.

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Apr 29, 2020
Featured Insight

Alberta Government Passes Bill 12, Liabilities Management Statutes Amendment Act, 2020 – What You Need to Know

What you need to know about the Alberta Government's Bill 12 in relation to Liabilities Management Statutes Amendment Act, 2020.

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Apr 21, 2020
Featured Insight

Project Management Amid COVID-19 – The Triage

Best practices for construction project management during the COVID-19 pandemic, and other force majeure circumstances.

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Apr 8, 2020
Featured Insight

The Impact of COVID-19 on the Construction Industry: A Reference Guide to the Changed Landscape

Contractual clauses, Permits & Inspections, Health & Safety, Labour, Litigation, Arbitration & Court Procedures,
Limitation Periods, Liens & Holdbacks

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Apr 3, 2020
Featured Insight

COVID-19: Alberta Government Announces List of Essential Services

Alberta's Government has published lists of essential services and non-essential places of business not permitted to
offer or provide services to the public.

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Mar 29, 2020
Featured Insight

Coronavirus: Harbinger of a New (Old) Approach to Restructuring in Canada?

Restructuring options and challenges in the time of COVID-19.

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Mar 20, 2020
Featured Insight

Supreme Court of Canada Opens the Door to Novel International Human Rights Claims: The Uncertain Implications for Canadian Resource Companies

In its 5-4 decision in Nevsun Resources Ltd., the Supreme Court of Canada has given Canadian courts the green light to develop new forms of civil liability.

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Mar 2, 2020
Featured Insight

Lost in Transition: Working Through the Silence Surrounding Leasehold Interests in the Construction Act’s Transition Provisions

Lost in Transition - Working through the Silence Surrounding Leasehold Interests in the Construction Act's Transition Provisions

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Feb 27, 2020
Featured Insight

Challenges and Opportunities for Canadian Investors in Brazilian Insolvency Proceedings: Lessons from the IBA’s 2019 Global Restructuring Conference

The authors discuss unique aspects of Brazil's insolvency regime relevant for Canadian investors, including the role of equity, DIP loans, and jurisdiction.

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Jan 21, 2020
Featured Insight

Contact Information Posted on Websites Not Necessarily Up for Grabs

Investigation findings of the Office of the Privacy Commissioner highlight issues surrounding the use of personal contact information posted on websites

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Dec 19, 2019
Featured Insight

Electricity Rebates for Multi-Unit Complexes in Ontario

Legal bulletin outlining changes to Ontario provincial government rebates for electricity consumers, including changes for multi-unit complexes.

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Nov 6, 2019
Featured Insight

Supreme Court of Canada Denies Leave to Appeal in “Virginia Hills” Linear Property Tax Case: Northern Sunrise County, et al. v. Bank of Nova Scotia, et al., 2019 SCC 38587

The Supreme Court has confirmed that the Alberta Municipal Government Act does not grant a municipality a special lien for unpaid linear property taxes.

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Sep 4, 2019
Featured Insight

Expropriation of Contaminated Land: a Tug-of-War of Competing Interests in the “Fair Market” Valuation

A standard determination of the market value of expropriated property can be a contentious, drawn out process where the property is environmentally contaminated

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Aug 21, 2019
Featured Insight

Don’t Count Your Efficiencies Before They Hatch: Exploring The Factors That Impact A Railway’s Operating Ratio

Canadian Pacific Railway (“CP”) has significantly reduced its operating ratio in the past few years.

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Jul 22, 2019
Featured Insight

Proposed Digital Charter Could Bring Sweeping Changes to Canadian Privacy Laws

On May 21, 2019, the Canadian federal government released a proposed Digital Charter

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May 23, 2019
Featured Insight

Amendments to the Canada Shipping Act, 2001 and Marine Liability Act

On December 13, 2018, Bill C-86, A second Act to implement certain provisions of the budget tabled in Parliament on February 27, 2018 and other measures, otherwise known as the Budget Implementation Act was given royal assent.

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Feb 13, 2019
Featured Insight

Federal Government Wants Provinces Riding Shotgun for ZEV Sales Targets

Federal Min of Transport requests support for federal plan for non-combustion-powered or "zero-emission" vehicles make up 10% of Canadian vehicle sales by 2025

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Feb 6, 2019
Featured Insight

Supreme Court of Canada Allows Redwater Appeal: Regulator entitled to super-priority for abandonment and reclamation costs

Supreme Court of Canada Allows Redwater Appeal: Regulator entitled to super-priority for abandonment and reclamation costs

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Jan 31, 2019
Featured Insight

Trick or…Breach? PIPEDA’s Breach Reporting Requirements Come Into Force on November 1, 2018

This bulletin provides an overview of the new breach reporting requirements.

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Nov 1, 2018
Featured Insight

The Alberta Securities Commission Expands Prospectus Exemptions for Distributions Outside Alberta

The ASC has updated ASC Rule 72-501 Distributions to Purchasers Outside Alberta and its companion policy to facilitate cross-border investment.

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Aug 22, 2018
Featured Insight

What the new Doug Ford Government means for the Energy Sector – A detailed analysis

With a new provincial government now in control of Ontario's policy landscape, we are pleased to provide insight into what lies ahead for the Energy sector.

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Jul 4, 2018
Featured Insight

Out with the old and in with the new: transitioning from Ontario’s old Construction Lien Act to the new Construction Act

An update to our December 2017 article, where some of the most significant substantive changes to the Construction Lien Act (the "CLA") are considered.

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Feb 14, 2018
Featured Insight

Observations from the Eco Oro Proxy Contest

Today marks the first anniversary of the start of what was likely the most acrimonious proxy fight in Canada in 2017.

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Feb 10, 2018
Featured Insight

Winter is coming – and so is Ontario’s New Construction Act

Winter is coming – and so is Ontario's new Construction Act

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Dec 19, 2017
Featured Insight

Key Corporate Governance and Disclosure Developments in 2017

Key Corporate Governance and Disclosure Developments in 2017

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Dec 4, 2017
Featured Insight

Redwater Energy – Take 3

Redwater Energy - Take 3

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Nov 9, 2017
Featured Insight

Investment Canada Act Threshold Increases to $1 Billion (Cdn)

Investment Canada Act Threshold Increases to $1 Billion (Cdn)

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Jun 22, 2017
Featured Insight

Softwood Lumber: Hard Facts

Softwood Lumber: Hard Facts

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Jun 16, 2017
Featured Insight

Bill C-49: Is the Line Haul Interswitching Remedy Really New?

Regulators Rethink "Best Interest" Standard for Registrants

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May 30, 2017
Featured Insight

Bill C-49: Government of Canada Proposes to Amend the Canada Transportation Act

Bill C-49: Government of Canada Proposes to Amend the Canada Transportation Act

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May 16, 2017
Featured Insight

Appeal Dismissed: Decision of the Alberta Court of Appeal in Re Redwater Confirms Paramountcy of BIA

Appeal Dismissed: Decision of the Alberta Court of Appeal in Re Redwater Confirms Paramountcy of BIA

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Apr 25, 2017
Featured Insight

Duty to Consult does not Apply to all Aboriginal Concerns

Duty to Consult does not Apply to all Aboriginal Concerns

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Apr 17, 2017
Featured Insight

Government of Canada Provides Valuable Guidance on National Security Review of Foreign Investment in Canada

Government of Canada Provides Valuable Guidance on National Security Review of Foreign Investment in Canada

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Jan 3, 2017
Featured Insight

Arbitration Clauses and Shareholder Disputes: Clarity from the Ontario Court of Appeal

Arbitration Clauses and Shareholder Disputes: Clarity from the Ontario Court of Appeal

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Oct 24, 2016
Featured Insight

Redwater Appeal Creates Continued Uncertainty for Insolvent Oil and Gas Companies in Alberta

Redwater Appeal Creates Continued Uncertainty for Insolvent Oil and Gas Companies in Alberta

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Jun 4, 2016
Featured Insight

New Rules for Asset Sales by Insolvent Producers (at least for now)

New Rules for Asset Sales by Insolvent Producers (at least for now)

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May 24, 2016
Featured Insight

Solar Energy Incentives in Alberta: It’s Just the Beginning

Solar Energy Incentives in Alberta: Its Just the Beginning

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Feb 24, 2016
Featured Insight

2015 in Review: Significant Increase in Leveraged Investments by the Aboriginal Loan Guarantee Program

2015 in Review: Significant Increase in Leveraged Investments by the Aboriginal Loan Guarantee Program

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Dec 17, 2015
Featured Insight

Ontario Announces Major Plans for the Ontario Electricity Market and Creates Infrastructure Opportunities

Ontario Announces Major Plans for the Ontario Electricity Market and Creates Infrastructure Opportunities

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Apr 21, 2015
Featured Insight

One Step Forward and Two Steps Back: Province Found to Have Breached Aboriginal Consultation Obligations for Second Time

One Step Forward and Two Steps Back: Province Found to Have Breached Aboriginal Consultation Obligations for Second Time

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Mar 7, 2015
Featured Insight

Recent BC Decisions Quashes Rezoning and Land Swap

Recent BC Decisions Quashes Rezoning and Land Swap

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Feb 5, 2015
Featured Insight

Alderville Solar Project Reaches Financial Close

Alderville Solar Project Reaches Financial Close

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May 13, 2013