Articles

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

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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)

  • November 18, 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.

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

Ontario's Climate Change Discussion Paper 2015

  • March 26, 2015
  • Ministry of the Environment and Climate Change

On February 12, 2015 Ontario released a climate change discussion paper and invited citizens, businesses and communities to share ideas about how to successfully fight climate change while fostering economic growth and keeping our businesses competitive.

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

OPA Awards 500 New FIT 3 Renewable Energy Contracts

  • October 15, 2014
  • P. Jason Kroft and Tamir Birk

On July 30, the Ontario Power Authority (OPA) awarded 500 renewable energy contracts, representing 123.5 megawatts of power, under its Feed-in Tariff (FIT) program. According to the OPA, these contracts represent enough energy to power approximately 15,000 homes.

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