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: Rohit Jha


Trending growth in ZEVs and EVs

  • April 28, 2021
  • Allison Foord and Kristyn Annis, BLG

Government incentives and legislation are affecting the market and promoting zero-emission vehicles (ZEVs) including electric vehicles (EVs). Allison Foord and Kristyn Annis offer an update on emerging programs, plans and developments.

Natural Resources and Energy Law, Student Forum

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

  • April 05, 2021
  • Holly Sherlock, Talia Gordner, Julia Loney and Ralph Cuervo-Lorens

On March 3, 2021, the public consultation period for the federal government’s proposed Clean Fuel Regulations ended. The Regulations are intended to contribute to Canada’s reduction of greenhouse gas emissions. This article provides an overview of the proposed Regulations and a survey of their potential impact.

Environmental Law, Natural Resources and Energy Law, Student Forum

Wong v. Pretium Resources Inc.: Finally, the First Decision on the Merits of a Securities Class Action Alleging Secondary Market Misrepresentation

  • March 04, 2021
  • Michael Rosenberg, Caroline H. Humphrey, Aya Schechner, McCarthy Tétrault LLP

The OSC has finally decided the merits of a class action under the secondary market liability provisions of the Ontario Securities Act. Belobaba, J. began by noting that “leave to proceed will be granted if there is enough evidence to clear the ‘reasonable possibility’ hurdle,” but “when the matter is litigated in full and the plaintiff’s hurdle is the more demanding ‘balance of probabilities’, the defendants may prevail and the securities class action will be dismissed."

Class Actions, Natural Resources and Energy Law, Student Forum

Department of Finance Proposals to Extend Timelines to Spend Flow-Through Funds

  • December 15, 2020
  • Lisa Davis, LL.B, ICD.D, CEO PearTree Securities

It’s now been five months since the federal government announced a proposal to extend the timelines for spending the capital raised via flow-through shares by 12 months. Companies that issued flow-through shares in 2019 relying on the look-back rule are coming up to the deadline (Dec. 31, 2020) by which they are required to have spent all of the funds raised.

Natural Resources and Energy Law, Student Forum

There are Strange Things Done in the Midnight Sun [to] the Men who Moil for Gold*

  • December 03, 2019
  • Chuck Higgins

Joe Leadbetter is a prospector. With many others, he forms the backbone of Canada’s mining industry.  In Canada – we have what is called a “free entry system”. Prospectors like Joe can enter onto Crown Land and look for minerals. If they find something interesting, they can stake a claim.

Natural Resources and Energy Law, Student Forum

Lack of Progress on Fossil Fuel Subsidies Reform Undermines Historical Progress Made by Recent Fisheries Act Amendments in Canada

  • July 04, 2019
  • Carissa Wong

Canada’s subsidies of fossil fuels (particularly diesel) support over-fishing by industrial fleets, and undermine the progress of recent amendments to the Fisheries Act to rebuild devastated marine fish and shark populations. More attention and concrete action through World Trade Organization law reform is needed to transition Canada out of fuel subsidies and ultimately enhance fish and shark stocks.

Environmental Law, Natural Resources and Energy Law, Student Forum

The Canada Business Corporations Act - Practice Advisory

  • May 31, 2019
  • H.J. Blake, QC LLM, and Lee Abraham, JD, Beard Winter LLP,

Bill C-86, the Budget Implementation Act, 2018, No. 2, SC 2018, c 27, received Royal Assent on December 13, 2018, and provides for certain amendments to the Canada Business Corporations Act (“CBCA”), which will come into force on June 13, 2019.

Natural Resources and Energy Law, Student Forum

Corporations Beware – Where Is Your Updated Land “Ownership” Register?

  • March 30, 2019
  • H.J. (Jim) Blake, Q.C., Beard Winter LLP,

The Business Corporations Act of Ontario (“OBCA”) currently requires corporations to prepare and maintain corporate books and records. However, corporations incorporated or continued under the OBCA need to be aware of new onerous amendments to the OBCA which quietly came into force on December 10, 2016.

Natural Resources and Energy Law, Student Forum

Ontario’s Proposal to Address Greenhouse Gas Emissions: Industrial Emission Performance Standards

  • March 30, 2019
  • John Georgakopoulos, Joanna Vince, and Madiha Vallani,

Secured creditors should engage with the debtor, environmental and insolvency professionals as quickly as possible to protect their investment in collateral. Secured creditors will also need to consider whether it makes sense to risks of regulatory orders if they commence an insolvency process as there is a risk that there will be no distribution to creditors after satisfying environmental obligations.

Environmental Law, Natural Resources and Energy Law, Student Forum
Anishnabe N’oon Da Gaaziiwin: An Indigenous Peacemaking-Mediation Nexus

Anishnabe N’oon Da Gaaziiwin: An Indigenous Peacemaking-Mediation Nexus

  • December 17, 2018
  • John Beaucage, B.A., D.Litt., Alicia Kuin, B.A., M.A., LL.M., Q.Med. and Paul Iacono, Q.C.

This article proposes a new dispute resolution "Hybrid Process" designed to support nation-to-nation building in Canada. In the past, the authors (a First Nations leader and former Grand Council Chief and two Canadian mediators) have used conventional mediation processes with First Nation People and it has not worked because mediation is not an Indigenous cultural practice. However, the Hybrid Process combines two culturally unique practices – Indigenous peacemaking and mediation.

Aboriginal Law, Alternative Dispute Resolution, Natural Resources and Energy Law and 1 more..., Student Forum