Search

This article looks at several legislative and regulatory developments, primarily from April 2022 to March 2023, that may be of interest to energy lawyers, providing a high-level overview on topics including: (1) policy, legislation, and regulations aimed at continuing federal and provincial decarbonization efforts; (2) regulatory developments impacting power, hydrogen, and oil and gas pipelines; (3) consideration of cumulative impacts in duty to consult cases; (4) expansion of Indigenous-owned energy projects alongside progression in the implementation of UNDRIP across Canada; (5) jurisdictional disputes between the federal and provincial governments (for example, considerations regarding the Impact Assessment Act and Alberta Sovereignty Act); and (6) clarification of the application of the post-Vavilov standard of review. [ABSTRACT FROM AUTHOR]

In light of recent disasters in the oil and gas industry, there is increasing public pressure to develop more robust processes for responding to such disasters in Canada. In this article, the authors examine the emergency response procedures currently in place, and consider how oil and gas producers, carriers, and processors can improve these procedures. The article begins by outlining the emergency response planning and incident reporting obligations incumbent on the oil and gas industry, which is followed by an overview of the regulatory inspection powers that exist to investigate real and potential environmental, workplace, and safety incidents. Finally, the article considers what responding to an actual emergency would look like, and proposes best practices for the oil and gas industry. [ABSTRACT FROM AUTHOR]