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About Articles The following articles are published by the Natural Resources and Energy Section of the Ontario Bar Association. Members are encouraged to submit articles. About Articles

Editor: Meredith James

Today
Today

ECOJUSTICE DENIED LEAVE TO INTERVENE AS "FRIEND OF COURT"

  • March 29, 2018
  • Jack D. Coop

This article considers the Ontario Court of Appeal's recent decision in Huang v. Fraser Hillary's Limited, 2018 ONCA 277, in which the court denied Ecojustice leave to intervene in an appeal.

Civil Litigation, Constitutional, Civil Liberties and Human Rights Law, Environmental Law and 1 more..., Natural Resources and Energy Law

New Opportunities for Behind-the-Fence Generation Created by Ontario’s Fair Hydro Plan

  • February 22, 2018
  • Elliot Smith, Jacob Sadikman and Richard King

Earlier this year, the Government of Ontario released its “Fair Hydro Plan”. While the main focus of the Fair Hydro Plan is the Government’s initiative to reduce electricity prices for residential and other small consumers by 25%, the Plan also expands opportunities for the development of behind-the-fence generation.

Natural Resources and Energy Law

OBCA Corporations – New Record-Keeping Requirements for Real Estate But is a Mining Claim an Interest in Land?

  • February 22, 2018
  • Lucie Kroumova,

The new Section 140.1 of the Business Corporations Act (Ontario) (the “OBCA”) quietly came into force on December 10, 2016. It requires OBCA governed corporations to maintain an updated register of their “ownership interests in land in Ontario”. Interestingly, the phrase “ownership interest in land” is not defined; thus this requirement may extend to both legal and beneficial ownership in real property.

Natural Resources and Energy Law

Ontario Net Metering Regulation: Ministry Posts Updated Regulatory Proposal

  • February 06, 2017
  • James C. Sidlofsky, John A.D. Vellone and Jessica-Ann Buchta

The Ontario Ministry of Energy recently updated its regulatory proposal to revise the Net Metering Regulation. This new proposal included all of the proposed amendments which formed part of the original proposal except for establishing a billing method for single-entity virtual net metering which would allow load customers to benefit from net metering by building a renewable energy generation facility offsite. The Ministry found this element required additional feedback and consideration.

Natural Resources and Energy Law

Non-Compliance with Carbon Market Rules Can in Result in Substantial Penalties

  • February 06, 2017
  • Meredith James and Josh Shneer

Ontario’s cap and trade program launched in January 2017 and includes a number of rules regarding participation in the carbon market including prohibitions against insider trading, tipping, bid coordination, unlawful disclosures, fraud and market manipulation. Market participants should ensure they are familiar with all rules governing their conduct in the carbon market. Contravention of the market rules is an offence that could result in substantial minimum fines.

Natural Resources and Energy Law

Expansion of the EASR a Pillar of the MOECC’s Regulatory Efficiency Drive

  • December 22, 2016
  • Randall Blom

Pending reforms to the Ontario air emissions regulatory regime promise to be of interest to energy project developers and, and no doubt to their lawyers as well. Specifically, some projects which now must obtain an ECA Air permit will be able to register the project on the soon to be expanded Environmental Activity and Sector Registry.

Natural Resources and Energy Law

Energy Supply Agreements in an Evolving Climate Change Regulatory Regime

  • December 05, 2016
  • Meredith James and Marvin Coleby

It is clear that carbon pricing will be one of the primary tools that Canadian governments will use to incentivize emissions reductions and generate revenue to pay for mitigation and adaptation. A number of key energy supply agreement provisions that should be reviewed in order to assess: who will bear the cost of compliance with carbon pricing regimes? Who will benefit from revenue generated by the sale of off-sets? Could increasing carbon prices result in the termination of the agreement?

Natural Resources and Energy Law

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