Articles 2024

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When is a Field a "Pit" Under the Aggregate Resources Act?

  • December 05, 2016
  • Kirsten Mikadze

The recent Ontario Court of Justice appeal decision in R v AJL Janssen Landscaping Ltd, 2016 ONCJ 496, has offered some guidance as to when a field may be a “pit” under section 1(1) of the Aggregate Resources Act. Following the decision, a field that is being rehabilitated to accommodate farming uses is generally a “pit” and subject to the ARA’s permitting scheme. But when the primary purpose of that work is to build a structure, it may be exempt.

Natural Resources and Energy Law

BC First Nation Commences Treaty 8 Infringement Action Against Province

  • May 19, 2015
  • Stephanie Axmann and Selina Lee-Andersen

Blueberry River First Nations (BRFN) has commenced a novel treaty rights infringement claim (Claim) against the Province of British Columbia (Province). The Claim, filed March 3, 2015, alleges that the Province has breached its Treaty 8 obligations due to the cumulative impacts of provincially authorized industrial development in BRFN’s traditional territory. This article provides an overview and analysis of the key aspects of the Claim.

Natural Resources and Energy Law

Divisional Court Tells Municipality of West Grey to Change By-laws and Grant Permits Required for Wind Farm

  • November 18, 2014
  • John Goudy

This is a case summary and analysis of East Durham Wind, Inc. v. The Municipality of West Grey. The case raises interesting questions related to how and when a municipal by-law or policy may frustrate the purpose of a provincial legislative instrument and relates to the ongoing renewable energy revolution in Ontario that was ushered in by the Green Energy Act, S.O. 2009, c. 12.

Natural Resources and Energy Law

The Canada-China FIPA: Energizing Canadian Oil & Gas Investment in China

  • October 15, 2014
  • Susan Hutton and Erin Dand

In September 2014, Ottawa announced the ratification of the Canada-China Foreign Investment Promotion and Protection Agreement (the Canada- China FIPA). The Canada-China FIPA, which came into force on October 1, 2014, is the newest addition to Canada’s growing list of foreign investment protection agreements.

Natural Resources and Energy Law

Program Report: Radioactive Issues in Nuclear Energy in Ontario

  • June 16, 2014
  • Firas Ayoub

The current state and possible future direction of nuclear development in Ontario is an important topic for lawyers with a focus on the energy sector, as well as those in government and industry. The OBA section program “Radioactive Issues in Nuclear Energy in Ontario” provided a comprehensive overview of emerging issues and trends in nuclear development, including a background on nuclear waste management in the province and a discussion of thorium, an alternative nuclear fuel.

Natural Resources and Energy Law

Program Report: Transparency of Payments to Foreign Governments in Extractive Industries

  • March 20, 2014
  • Kenning Marchant

Disclosure of royalties and other payments to foreign governments is a front-line issue for Canadian mining and oil and gas companies. A section program, ‘Transparency of Payments to Foreign Governments in Extractive Industries: A Review of the Changing Landscape’ gave participants a tour d’horizon of this legal risk area.

Natural Resources and Energy Law

Resource Revenue Transparency Working Group releases transparency recommendations

  • February 13, 2014
  • Samuel H. Carsley

Canadian mining associations and civil society organizations released recommendations for the development of a payment transparency standard for all publicly-traded mining companies in Canada on January 16, 2014.The group's recommendations provide the federal and provincial governments and securities commissions with a blueprint for a payment reporting framework. This framework will serve the needs of the data’s end-users, such as citizens, governments, investors and reporting companies.

Natural Resources and Energy Law
Fault’s Got Nothing To Do With It! Northstar Settlement Underscores Troubling Times for Directors

Fault’s Got Nothing To Do With It! Northstar Settlement Underscores Troubling Times for Directors

  • February 12, 2014
  • Donna S. K. Shier

Northstar Aerospace (Canada) Inc.’s former directors and officers denied liability for contamination at the site of the defunct company yet remained on the hook for millions in clean-up costs. The settlement shows the serious risks that directors and officers are exposed to from environmental enforcement. In particular the settlement shows that the former D&Os of a bankrupt company can be held personally responsible for clean-up orders long after their company’s assets have disappeared.

Natural Resources and Energy Law