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Daron K. Naffin

Energy, Environmental & Regulatory Lawyer | Municipal & Expropriation

Partner

Tim Myers

Regulatory, Environmental, Aboriginal and Expropriation Lawyer at Bennett Jones Calgary

Thomas Machell

Regulatory Lawyer at Bennett Jones Calgary

Associate

The Alberta Energy Regulator has released new editions of Directive 071 and Manual 026, significantly expanding emergency preparedness and response requirements. This post outlines the key changes, including mandatory Emergency Management Programs, expanded scope across resource sectors, enhanced hazard analysis standards, and what approval holders should do ahead of the February 2, 2026 effective date.

Alberta Energy Regulator Announces New Editions of Directive 071 and Manual 026

On November 4, 2025, the Alberta Energy Regulator released AERH2S, an updated version of its computer model for calculating Emergency Planning Zones (EPZs) for sour gas applications. AERH2S replaces the longstanding ERCBH2S model and is available for immediate use by industry. According to AER Bulletin 2025-34, the use of AERH2S will become mandatory for all applications filed under Directive 056: Energy Development Applications and Schedules, including amendment applications, starting January 1, 2026. The continued use of ERCBH2S is permitted for updates to existing EPZs (and any EPZs established before January 1, 2026) under Directive 071: Emergency Preparedness and Response until further notice.

Alberta Energy Regulator Releases New AERH2S Model for Sour Gas Operations

In a recent decision made pursuant to section 33 of the Pipeline Act, the Alberta Energy Regulator rejected an application filed by Qualico Developments West Ltd. (Qualico) seeking orders requiring Pembina Pipeline Corporation and Plains Midstream Canada ULC to share in the cost of the work required for Qualico to construct an arterial road across two existing pipelines in connection with a residential development being pursued by Qualico in the Edmonton area.

AER Denies Developers Request to Share Pipeline Crossing Costs

AER Denies Developer's Request to Share Pipeline Crossing Costs

On December 14, 2023, Alberta's Minister of Environment and Protected Areas, Rebecca Schulz, announced the launch of two new pilot projects aimed at improving and expediting the well site reclamation process in the province.

Alberta Minister of Environment and Protected Areas Announces Launch of Partial Reclamation

Alberta Minister of Environment and Protected Areas Announces Launch of Partial Reclamation Pilot Project

Simon P. Crawford

Leading Commercial Real Estate Lawyer at Bennett Jones Toronto

Vanessa Kiraly

Commercial Real Estate Lawyer at Bennett Jones Toronto

In Oliva v. Dickson (2025 ONSC 6666), the Ontario Superior Court confirmed that Building Code compliance can be an implied term of an Agreement of Purchase and Sale and a basis for vendor-builder liability in negligence. Even without structural failure or express contractual representations, failing to obtain required permits may breach both contractual and tort duties. The decision is a cautionary reminder that regulatory compliance defines both legal risk and commercial expectations in real estate transactions.

No Permit Big Problems

No Permit, Big Problems: Building Code Compliance,  Implied Terms and Vendor-Builder Liability in Ontario

Daniel (Dan) R. Chubb

Corporate Commercial Lawyer at Bennett Jones Edmonton

Joan Bilsland

Knowledge Management Research Lawyer at Bennett Jones

Knowledge Management Research Lawyer

Luke Stretch

Commercial Real Estate Lawyer at Bennett Jones Calgary

Canadian courts generally treat real estate deposits as forfeitable upon a purchaser&rsquo;s default, distinct from unenforceable penalty clauses. However, under the Redstone factors, courts may grant relief from forfeiture where a deposit is grossly disproportionate to the vendor&rsquo;s damages or where retaining it would be unconscionable in the circumstances.

When A Deposit Becomes A Penalty

When a Deposit Becomes a Penalty: Relief From Forfeiture in Real Estate Transactions

Andrew N. Disipio

Mining & Corporate Finance Lawyer | M&A, Equity & Debt Deals

Hon. John R. Baird P.C.

Senior Advisor | International Trade, Investment & Security

Senior Business Advisor

Sander A.J.R. Grieve KC

Global Mining Finance & M&A Lawyer | Bennett Jones Toronto

Members of Bennett Jones' mining team shared their insights across three panels held at the firm's Toronto office during this year's PDAC convention. The discussions addressed the opportunities and complexities of this evolving landscape&mdash;and what Canada must do to capitalize on the moment.

Optimism Abounds at PDAC 2026 and Bennett Jones Panels

Dana Talucci

Corporate Commercial Practice at Bennett Jones Toronto

Hennadiy Kutsenko

Tax Lawyer at Bennett Jones Toronto

A court decision on the sale of mixed-use property highlights the risks of failing to allocate purchase price between residential and commercial portions for HST purposes. The ruling underscores the importance of precise drafting and obtaining representations to avoid uncertainty and tax disputes.

Mixed-Use Mixed Signals Why Purchase Price Allocations Matter

Mixed-Use, Mixed Signals: Why Purchase Price Allocations Matter

Leanne C. Krawchuk KC

Corporate, Mining & Construction Lawyer | Capital Markets

Partner, Corporate

James T. McClary

Private Equity and M&A Lawyer at Bennett Jones Calgary

Private equity investment in mining has grown over the past decade, driven largely by opportunities in mining sub-industries such as materials, software and industrial machinery despite persistent risk and scalability concerns. The article analyzes global and Canadian deal trends, structures and strategies, offering insights on where PE capital is being deployed and the outlook for investors and mining companies.

International Right of Way Association Presentation

From the Same Authors

Alberta Energy Regulator Announces New Editions of Directive 071 and Manual 026

Alberta Energy Regulator Releases New AERH2S Model for Sour Gas Operations

AER Denies Developer's Request to Share Pipeline Crossing Costs

Latest Insights

No Permit, Big Problems: Building Code Compliance, Implied Terms and Vendor-Builder Liability in Ontario

When a Deposit Becomes a Penalty: Relief From Forfeiture in Real Estate Transactions

Optimism Abounds at PDAC 2026 and Bennett Jones Panels

Mixed-Use, Mixed Signals: Why Purchase Price Allocations Matter

Stay Informed. Stay Ahead.