Wind generator turbine on summer landscape
Wind generator turbine on summer landscape
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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, aboriginal 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 aboriginal groups and counselling on commercial deals involving aboriginal 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 (82 Posts)

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

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

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May 26, 2021
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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
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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
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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
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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
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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

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May 5, 2021
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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
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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.

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Apr 28, 2021
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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
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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
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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
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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?

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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
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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.

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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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,
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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.

Read More
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.

Read More
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

Read More
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.

Read More
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

Read More
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.

Read More
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

Read More
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

Read More
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.

Read More
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.

Read More
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.

Read More
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.

Read More
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.

Read More
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

Read More
Dec 19, 2017
Featured Insight

Key Corporate Governance and Disclosure Developments in 2017

Key Corporate Governance and Disclosure Developments in 2017

Read More
Dec 4, 2017
Featured Insight

Redwater Energy – Take 3

Redwater Energy - Take 3

Read More
Nov 9, 2017
Featured Insight

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

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

Read More
Jun 22, 2017
Featured Insight

Softwood Lumber: Hard Facts

Softwood Lumber: Hard Facts

Read More
Jun 16, 2017
Featured Insight

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

Regulators Rethink "Best Interest" Standard for Registrants

Read More
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

Read More
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

Read More
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

Read More
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

Read More
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

Read More
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

Read More
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)

Read More
May 24, 2016
Featured Insight

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

Solar Energy Incentives in Alberta: Its Just the Beginning

Read More
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

Read More
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

Read More
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

Read More
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