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Articles
Halsbury's Laws of Canada volume on Pensions
December 2011
Susan G. Seller is the author of the Halsbury's Laws of Canada volume on Pensions published (by Lexis Nexis) in December, 2011.
Procurement Law
December 2011
Card, Duncan. Author, "Procurement Law" article in the Doing Business in Canada, Bennett Jones handbook, December 2011.
What Next For the WTO: Challenges for the WTO's Eighth Ministerial Conference
November 23, 2011
In thinking about preparations for the WTO's critical eighth Ministerial Conference in Geneva in mid-December, we should think about the nature of the WTO, how it has evolved, and take a careful look at the challenges that lie ahead. The full text of the article can be found at VoxEU.org.
Canada Stalls as Ink Dries on Global Trade Deals
November 09, 2011
For the government of Stephen Harper, turning its ambitious trade negotiations into practical results is central to its jobs and growth strategy. It trumpets the fact that Canada has signed free-trade agreements with eight countries since 2006, and is negotiating deals that cover another 50. What the government doesn't say is that it has not yet successfully completed the negotiation of a single comprehensive agreement with a major trading partner. It has just months to show that this agenda is credible. Published in the Economy Lab section of the Globe and Mail.
Are Trade Agreements with Asia in Canada's Interest?
November 07, 2011
John Weekes participated in the online discussion, "Are Trade Agreements with Asia in Canada's Interest?," organized by the National Conversation on Asia team at the Asia Pacific Foundation of Canada.
Alberta Releases Draft Lower Athabasca Regional Plan
November 2011
Following consultations on its first draft plan released on April 5, 2011, the Alberta Government released an updated draft Lower Athabasca Regional Plan (LARP) on August 29, 2011. LARP is the first regional plan produced under Alberta's Land-use Framework and details Alberta's plan for managing economic growth and environmental sustainability in the oil sands region in northeastern Alberta. https://landuse.alberta.ca/RegionalPlans (Search "Lower Athabasca Region"). Published in the Canada – Oil & Gas section of the Rocky Mountain Mineral Law Foundation's Mineral Law Newsletter, Volume 28, Number 4, 2011.
Canada – Oil and Gas Section of RMMLF Mineral Law Newsletter, Volume XXVIII
November 2011
Eden Oliver, Michael Barrett, Karen Beattie, Donald Greenfield and Chelsea Nickles are reporters for the Canada – Oil & Gas section of the Rocky Mountain Mineral Law Foundation's Mineral Law Newsletter, Volume 28, Number 4, 2011.
Capable of Producing Interpreted by Alberta Court of Appeals
November 2011
A recent decision from the Alberta Court of Appeal has upheld the rejection of the "paying quantities" paradigm commonly applied in American jurisprudence when considering the shut-in well clause contained in the 1991 Canadian Association for Petroleum Landmen standard form freehold case. Omers Energy Inc. v. Alberta (Energy Resources Conservation Board), 2011 ABCA 251. Nevertheless the Court of Appeal expressly supports the underlying rationale of the "paying quantities" paradigm and has thus potentially opened the door for future decisions to incorporate such paradigm when interpreting shut-in well clauses. Published in the Canada – Oil & Gas section of the Rocky Mountain Mineral Law Foundation's Mineral Law Newsletter, Volume 28, Number 4, 2011.
Enbridge Northern Gateway Project Hearings Ongoing
November 2011
The Enbridge Northern Gateway Project (Project) involves the construction of two pipelines running from near Edmonton, Alberta, to Kitimat, British Columbia. The west-flowing pipeline will carry petroleum for export and the east-flowing pipeline will carry imported condensate. Published in the Canada – Oil & Gas section of the Rocky Mountain Mineral Law Foundation's Mineral Law Newsletter, Volume 28, Number 4, 2011.
FATCA Essentials
Winter 2011
FATCA, or the Foreign Account Tax Compliance Act, is new U.S. tax legislation targeted at curtailing U.S. tax evasion and raising revenues. It imposes onerous and costly compliance burdens on Canadian financial institutions, including investment funds. Co-written with Alan W. Granwell; published in the CVCA Private Capital magazine, Volume 4, Winter 2011.
National Energy Board Grants 20-Year Export Licence to KM LNG
November 2011
The National Energy Board (NEB) recently approved KM LNG Operating General Partnership's (KM LNG) application for a licence to export up to 10 million tonnes a year of liquefied natural gas (LNG) from Kitimat, British Columbia to primarily, the Asia Pacific region for a 20-year term. The project is 40% owned by KM LNG's managing partner, Apache Canada Ltd. (Apache), 30% by EOG Resources Canada Inc. (EOG), and 30% by Encana Corporation (Encana). Refer to "Reasons for Decision – KM LNG Operating General Partnership (GH-1-2011)," National Energy Board (Oct. 13, 2011). Published in the Canada – Oil & Gas section of the Rocky Mountain Mineral Law Foundation's Mineral Law Newsletter, Volume 28, Number 4, 2011.
NEB Rejects Allegations that Keystone XL Pipeline Approval has Expired
November 2011
The NEB has rejected allegations concerning the expiry of its approval of the Canadian portion of the Keystone XL pipeline project (Project). The Project is a proposed expansion of TransCanada Corporation's (TransCanada) existing Keystone pipeline system that will carry crude oil from Alberta to refineries in Oklahoma and Texas. Published in the Canada – Oil & Gas section of the Rocky Mountain Mineral Law Foundation's Mineral Law Newsletter, Volume 28, Number 4, 2011.
Ontario Tribunal Dismisses Appeal Regarding Harm Caused by Wind Farm
November 2011
On July 18, 2011, the Ontario Environmental Review Tribunal (ERT) dismissed the appeal brought by residents in Chatham, Ontario (the Appellants) relating to the issuance of a Renewable Energy Approval by the Ministry of the Environment for the 20 MW Kent Breeze Wind Farm (Project). Erickson v. Director, Ministry of the Environment, Case Nos. 10-121, 10-122 (July 2011) (Environmental Review Tribunal) (Erickson). The Project is owned by Suncor Energy Services Inc. The decision follows 17 days of hearings that began in February 2011, and is significant because it is the first appeal to the ERT considering the issuance of a Renewable Energy Approval. Published in the Canada – Oil & Gas section of the Rocky Mountain Mineral Law Foundation's Mineral Law Newsletter, Volume 28, Number 4, 2011.
The Protection of Woodland Caribou in Canada
November 2011
In 2003, Woodland Caribou were listed as threatened under the Species at Risk Act, S.C. 2002, c. 29 (SARA). As such, a recovery for the species was to have been prepared by the federal Minister of Environment (MEO) by 2007. Published in the Canada – Oil & Gas section of the Rocky Mountain Mineral Law Foundation's Mineral Law Newsletter, Volume 28, Number 4, 2011.
TransCanada PipeLines Applies for Restructuring and Tolls
November 2011
On September 1, 2011, TransCanada PipeLines Limited (TransCanada); NOVA Gas Transmission Ltd. (NGTL), a wholly owned subsidiary of TransCanada; and Foothills Pipe Lines Ltd. (Foothills), a wholly owned subsidiary of TransCanada, applied to the NEB for approval to implement a proposed restructuring of services and tolling on the TransCanada Mainline pipeline system (Mainline), the TransCanada Alberta System, and the TransCanada Foothills System. TransCanada also asked the NEB to approve final tolls for transportation services on the Mainline for 2012 and 2013. The application was stated to be a response to "recent and dramatic" changes in the supply, demand, and transportation markets of natural gas in North America. See TransCanada PipeLines Ltd., "Business and Services Restructuring and Mainline 2012-2013 Tolls Application" (Sept. 1, 2011). Published in the Canada – Oil & Gas section of the Rocky Mountain Mineral Law Foundation's Mineral Law Newsletter, Volume 28, Number 4, 2011.
Patient Safety in e-Health Systems
October 2011
Canadians have a right to expect safety in the delivery of healthcare in Canada. Electronic healthcare systems should be no exception. Reproduced with permission of the publisher from Electronic Healthcare Law Review, Vol. 1, No. 1, October 2011.
Canada: Merger Review 2012
October 19, 2011
This chapter sets out the structure and practice for assessing merger review under the Canadian Competition Act. Similar to other competition regimes, the fundamental framework of analysis centres on whether a merger will, or is likely to, result in a substantial prevention or lessening of competition (SPLC). We also discuss the enforcement approach taken to merger review by the Competition Bureau (Bureau). Lastly, the chapter examines issues related to challenges by the commissioner of competition (commissioner) and potential remedies when issues arise.
Foreign Affairs in the Age of WikiLeaks
October 12, 2011
The Digital Age represents a revolution in the history of the human race, a transformation in the way information is transmitted, processed and retrieved. The quantity of available information is approaching infinity, and access to it is increasingly direct and without intermediation. In international affairs, we are experiencing a revolution in the number and types of players and, even more significantly, their political empowerment. The reach and impact of individuals (witness Julian Assange and WikiLeaks) and crowds (witness Tahir ul-Qadri and the overthrow of the Egyptian government) are unprecedented, not least of all in their potential for challenging and changing the international order. Published in the National Post.
A History of Class Actions: Modern Lessons from Deep Roots
October 2011
The class action is linked so strongly with the unique characteristics of the modern era — mass consumption and mass production, large-scale disasters, corporate mismanagement — that it is easy to believe that it is a product of this era. Yet the roots of the modern class action stretch back nearly 1,000 years and its development has been ongoing for several centuries. Published in the Canadian Class Action Review, October 2011, Vol 7 No 1.
Case Comment: Currie v. Director (Ministry of the Environment)
October 2011
In June 2011, the Environmental Review Tribunal released its decision in Currie v. Director (Ministry of the Environment), in which the Tribunal upheld a Ministry of the Environment (M) Director's Order against three individual directors, and applied its reasoning in Kawartha Lakes (City) v. Ontario (Ministry of the Environment). Published in the October 2011 (Vol. 21, No. 1) edition of Environews, the newsletter of the Environmental Law Section of the Ontario Bar Association.
Eye on the Ball
October 2011
As boards come under the increasingly intense scrutiny of regulators and activist shareholders, new demands on their time are distracting them from what really matters. Staying focused on what matters isn't as easy as it used to be. These days, directors have to be careful not to allow the priorities and pet interests of governance enthusiasts dominate their agenda, to the detriment of what the directors should really be doing. Published in the October 2011 issue of Lexpert magazine as part of Barry Reiter's regular column.
Bennett Jones