Articles

About ArticlesLes articles ci-dessous sont publiés par la Section des richesses naturelles et de l'énergie de l'Association du Barreau de l'Ontario. Les membres sont invités à soumettre des articles.  A propos des articles.

Rédacteurs : newsletters@oba.org

Aujourdʼhui
Aujourdʼhui

Trending growth in ZEVs and EVs

  • 28 avril 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.

Richesses naturelles et énergie, Student Forum

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

  • 03 décembre 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.

Richesses naturelles et énergie, Student Forum

The Canada Business Corporations Act - Practice Advisory

  • 31 mai 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.

Richesses naturelles et énergie, Student Forum

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

  • 30 mars 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.

Richesses naturelles et énergie, Student Forum

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

  • 22 février 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.

Richesses naturelles et énergie

Ontario Net Metering Regulation: Ministry Posts Updated Regulatory Proposal

  • 06 février 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.

Richesses naturelles et énergie

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

  • 06 février 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.

Richesses naturelles et énergie

Energy Supply Agreements in an Evolving Climate Change Regulatory Regime

  • 05 décembre 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?

Richesses naturelles et énergie

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

  • 05 décembre 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.

Richesses naturelles et énergie
The Protection of Species At Risk and Social and Economic Interests: <em>Wildlands League v. Ontario (Natural Resources and Forestry)</em>

The Protection of Species At Risk and Social and Economic Interests: Wildlands League v. Ontario (Natural Resources and Forestry)

  • 18 novembre 2016
  • Joanna Rosengarten and Ljiljana Stanic

On October 11, 2016, the Ontario Court of Appeal released its decision in the Wildlands League v. Ontario (Natural Resources and Forestry) case. The decision provides helpful commentary and guidance on the interpretation of the Ontario Endangered Species Act, 2007. The Court dismissed the appeal and recognized that the protection of species at risk and their habitats under the Act is not absolute and occurs in the context of human activities.