


Oil & Gas
OIL & GAS
Making the right business decisions at the right time is essential to staying competitive and profitable in a rapidly changing oil and gas industry. At McMillan, we leverage local expertise and international relationships to help clients succeed in today’s intricate economic and regulatory climate. Of Canada’s top energy law firms, our leading team of professionals offer longstanding experience and knowledge of where the industry has been and where it’s going.
With extensive transactional and regulatory energy experience, McMillan’s oil and gas lawyers advise clients across the entire industry at every stage of the petroleum lifecycle. We serve as trusted legal counsel to oil and gas leaders and innovators, including explorers and producers, oil sands, transportation, refineries, petrochemical plants and facilities, LNG plants and facilities, retailers, engineering and oilfield services.
Consolidation and expansion are recurring themes in the oil and gas sector. McMillan’s oil and gas lawyers have significant experience with complex mergers, acquisitions, divestitures and other commercial contracts and agreements. Whether you are an acquirer, a target, a board of directors, a financial advisor or an investor, we work closely with you to create effective strategies, manage deals, reduce legal risk, and negotiate terms unique to you and your business objectives.
Our oil and gas lawyers work closely with other professionals of the firm, drawing on their depth of knowledge in employment and labour, corporate finance, joint ventures, tax, litigation, environmental and regulatory law. Committed to developing a deep understanding of your business and its challenges, we provide unique legal solutions that navigate change, mitigate risk and maximize business potential.
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Insights (98 Posts)
Secured Lending in Canada: A Guide for U.S. Lenders
A guide to secured lending in Canada; summarizes regulatory matters, tax, security, insolvency and restructuring issues in Canada.
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Jun 1, 2023
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Don’t Wing It – Implications for Project Proponents under Canada’s Species at Risk Act
This bulletin discusses the application of the Species at Risk Act, a federal environmental statute whose potential impact on private parties is overlooked.
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May 31, 2023
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Environmental Priorities in Insolvency Proceedings and the Impact on Lenders: Alberta Court Broadens Redwater Principles
Alberta case Qualex v 12-10 Capital develops line of cases at the intersection of environmental protection and bankruptcy and insolvency law in Canada.
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May 24, 2023
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CSA Seeks Comments on Two New Approaches to Diversity Disclosure
The Canadian Securities Administrators is seeking comments on the proposed amendments to the corporate governance disclosure rules and policies (Form 58-101F1)
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May 10, 2023
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Caught in the Sanctions Crossfire: Canada’s Proposed New Control Test Has Broad Repercussions on Businesses with Any Nexus to Russia
Proposed "deemed ownership" test under Canadian sanctions laws and convergence of AML and sanctions regulation in Canada.
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Apr 26, 2023
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On the Plus Side: An Overview of SEDAR+ and How to Get Ready by May 1, 2023
An overview of the new integrated records filing system, SEDAR+, launching June 13, 2023.
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Apr 21, 2023
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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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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
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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
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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
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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
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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
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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
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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
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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
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A Foreign Affair at Home Not Abroad – Canada to Consult on the Merits of a Foreign Agent Registry
Canada announces that consultations on a possible "foreign agent registry" will begin soon. What is that and how is it different from a lobbying law?
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Jan 9, 2023
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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
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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
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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
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Can they really do that? Understanding the limits of governmental permitting and compliance powers
While every company strives to achieve constructive relations with regulators, sometimes this is not enough. In such cases, understanding the rules that apply to regulators and the limits of their powers can be essential to levelling the playing field.
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Wednesday, November 9, 2022
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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
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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
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June 28, 2024 – CDOR will be no more
CDOR to cease being published after June 28, 2024; Term CORRA to be potentially created; market participants need to prepare for end of CDOR now.
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Jun 21, 2022
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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
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Jurisdictional Battle Over The Environment Continues – Canada’s Impact Assessment Legislation Found Unconstitutional
On May 10, 2022, the Alberta Court of Appeal ruled that the federal Impact Assessment Act and related Physical Activities Regulations are unconstitutional.
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May 25, 2022
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Drilling Down on Crypto: AER Cryptocurrency Mining Bulletin and Information Request
Alberta's Energy Regulator taking steps to better understand cryptocurrency mining operations occurring alongside AER-regulated operations.
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May 4, 2022
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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
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Canada Issues Policy Statement on Investments Linked to Russia under the Investment Canada Act
Investments by Russian investors will be subject to enhanced scrutiny and prolonged timelines.
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Mar 9, 2022
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Canada Strengthens Its Economic Sanctions and Export Controls Against Russia and Supports Russia’s Removal from SWIFT
On February 24, 2022, Canada imposed additional sanctions in response to military actions taken by Russia against Ukraine. The Regulations Amending the Special Economic Measures (Ukraine) Regulations[1] and the Regulations Amending the Special Economic Measures (Russia) Regulations[2] came into force immediately on their day of publication.
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Feb 25, 2022
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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
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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
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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
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CSA Propose Standardized and Reinforced Climate-Related Disclosure — Primer on Proposed National Instrument NI 51-107 Disclosure of Climate-related Matters
McMillan Bulletin Proposed National Instrument 51-107 Disclosure of Climate-related Matters Canadian Securities Administrators Climate Change Disclosure
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Oct 25, 2021
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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
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Beware of Petroleum and Potassium from Belarus! Canada Imposes New Sectoral Sanctions
On August 9, 2021, Canada announced sectoral sanctions under the Special Economic Measures Act (“SEMA”) against Belarus.
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Aug 15, 2021
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SOFR Fundamentals: What We Know SO-FAR
SOFR is the preferred USD alternative RFR to LIBOR. We discuss what SOFR is, the types of SOFR, conventions for SOFR, and using SOFR in loan agreements.
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Jul 21, 2021
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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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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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Making Sense of Non-GAAP Financial Measures
Capital market developments from the CSA regarding non-GAAP financial information.
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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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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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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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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
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Canadian Government Expands National Security Guidance
On March 24, 2021, Canada’s Minister of Innovation, Science and Industry announced that the government updated its National Security Guidelines.
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Mar 25, 2021
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LIBOR Newsflash: FCA Announces Dates for Official Cessation and Loss of Representativeness of LIBOR
FCA announces dates for the official cessation and loss of representativeness of LIBOR. Implications for Lenders.
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Mar 10, 2021
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LIBOR Newsflash: Announcement on Official Cessation of LIBOR is Expected Soon
IBA and FCA expected to make announcement about the official cessation of LIBOR. Timelines for ceasing new issuances of LIBOR loans.
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Feb 18, 2021
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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
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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
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‘But to What Effect?’ The Supreme Court of Canada Clarifies the Anti-deprivation Rule in Chandos
The authors discussion of the Supreme Court of Canada's decision in Chandos Construction affirming the anti-deprivation rule and consider its implications
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Nov 16, 2020
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Canada’s New Cybersecurity Certification Goes Live
The federal government has launched a voluntary CyberSecure program to help small and medium-sized organizations protect against cybersecurity threats
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Oct 13, 2020
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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
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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
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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
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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
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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
cases should be reported as occupational illnesses.
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Aug 5, 2020
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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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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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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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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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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
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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
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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
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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
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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
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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
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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
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Unbearable Lite-ness: Lenders’ Remedies in the Age of Missing Covenants
The author discusses the recent trend toward borrower-friendly loan documents and the remedies available to lenders in Canada.
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Mar 23, 2020
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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
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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
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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
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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
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Alberta Court of Appeal Dismisses Property Tax Appeal: Municipalities are Not Secured Creditors for Taxes Assessed on Pipelines, Wells and Other Linear Property
The Alberta Court of Appeal has dismissed an appeal brought by three municipalities (the "Municipalities") seeking status as secured creditors entitled to special priority for payment of linear property taxes.
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Mar 14, 2019
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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Compromise with the Alberta Energy Regulator: Navigating a Receivership in Alberta’s Oil Patch
Compromise with the Alberta Energy Regulator: Navigating a Receivership in Alberta's Oil Patch
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Jan 28, 2016
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The Province of Alberta’s Climate Change Plan (sub nom. Western Canadian Oil Producers Dancing on the Head of a Pin)
The Province of Alberta's Climate Change Plan (sub nom. Western Canadian Oil Producers Dancing on the Head of a Pin)
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Nov 27, 2015
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What do the Recent Site C Decisions Mean for Major Projects in British Columbia?
What do the Recent Site C Decisions Mean for Major Projects in British Columbia?
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Sep 30, 2015
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Federal Government Issues Guidance under the Extractive Sector Transparency Measures Act
Federal Government Issues Guidance under the Extractive Sector Transparency Measures Act
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Sep 18, 2015
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