Sunshine Oil Sands of Calgary has announced that it has entered
into a "co-operation deal" with a subsidiary of
state-owned China National Offshore Oil Corp. The
two companies have agreed that they will "amicably
negotiate and communicate with each other in respect of cooperation
in developing multiple thermal fluid oilsands exploration
technology in Canada and, if acceptable, sign a cooperation
agreement under which COSL will conduct thermal fluid tests within
the oilsands areas of the Company in order to confirm the
feasibility of multiple thermal fluid techniques and other relevant
technologies with respect to oilsands exploration."
When the new State Owned Enterprises guidelines were
announced late last year,
it was suggested that the result desired by the federal
government would be an increase in the number of joint
A potential consequence of these revisions will be an increased
appetite for joint ventures between Canadian and foreign entities,
including SOEs. A joint venture structure may allow SOEs to invest
in Canadian industry without engaging the new SOE Guidelines, which
is of particular interest in the context of the amendments
targeting foreign acquisitions in the Canadian oil sands. Joint
ventures enable foreign enterprises to benefit from the experience
of long-time oilpatch operators and open the door to a more diverse
set of partners.
Sunshine Oil Sands has been very successful at
assembling oil sands leases and has significant
leases and reserves in the Athabasca oil sands region,
but it has not yet produced any bitumen. It is not known
whether, in the absence of the new SOE guidelines, CNOOC would have
sought to purchase Sunshine rather than entering into this sort of
arrangement. Nevertheless, this would seem to be the very
sort of joint venture transaction that both the Prime Minister and
the Natural Resources Minister intended
would be the basis for future foreign SOE investment in the oil
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It is relatively common knowledge that the government has a "duty to consult" aboriginal groups when undertaking actions or making decisions that could adversely affect aboriginal rights, aboriginal title and treaty rights.
On April 5, 2017, Environment and Climate Change Canada released the report of an external Expert Panel that was established in August 2016 to review the scope and process of federal environmental assessments under the Canadian Environmental Assessment Act, 2012.
40 to 60 years may be too old when determining whether to extend a limitation period for a negligence-based environmental contamination claim, the court recently ruled in Brookfield Residential (Alberta) LP (Carma Developers LP) v Imperial Oil Limited, 2017 ABQB 218 [Brookfield].
Our April 7 post on the report of the Expert Panel reviewing federal environmental assessment processes noted that the report contains recommendations for greater inclusion of Indigenous peoples in federal environmental assessment processes.
Over the past week, the Project Law Blog has been discussing the recommendations set out by the Expert Panel in its report entitled Building Common Ground – A New Vision for Impact Assessment in Canada, The Final Report of the Expert Panel for the Review of Environmental Assessment Processes.
On April 5, 2017 the Federal Minister of Environment and Climate Change received her report from an expert panel of four, comprised of three lawyers with significant environmental and aboriginal law experience as well as a retired senior executive of a resource company.
On April 5, 2017, an Expert Panel established by the Minister of Environment and Climate Change (the "Panel") released its report, Building Common Ground – A New Vision for Impact Assessment in Canada, The Final Report of the Expert Panel for the Review of Environmental Assessment Processes (the "Report").
Last week we summarized the recommendations set out by the Expert Panel established by the Minister of Environment and Climate Change in its report entitled Building Common Ground – A New Vision for Impact Assessment in Canada, The Final Report of the Expert Panel for the Review of Environmental Assessment Processes.
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