Canada: Climate Change Policy Profiles Of Key Nations – Canada

INDC

On May 15, 2015 the Government of Canada announced that Canada plans to reduce its greenhouse gas emissions (GHG) by 30% below 2005 levels by 2030. Canada formally submitted this target, referred to as an Intended Nationally Determined Contribution, to the United Nations Framework on Climate Change.

According to a statement by Canada's Environment Minister "This is a fair and ambitious target that is in line with other major industrialized countries and reflects our national circumstances, including Canada's position as a world leader in clean electricity generation."

In its INDC submission, Canada noted:

As a vast Northern nation, Canada faces unique challenges in addressing climate change: a growing population, extreme temperatures, a large landmass, and a diversified growing economy with significant natural resources are some of the circumstances influencing Canadian greenhouse gas emissions. espite these challenges, Canada has one of the cleanest electricity systems among G-7 and G-20 nations and one of the cleanest in the world, with almost 80% of our electricity supply already emitting no greenhouse gases. Since 2011, Canada's per capita greenhouse gas emissions have been at their lowest levels since tracking began in 1990 while the economy has continued to grow.

Canada's target is to be achieved by the adoption of coal-fired electricity standards that ban the construction of traditional coal-fired electricity generation units and the phase-out of existing coal-fired electricity generation units, implementation of GHG standards for vehicles, the regulation of hydrofluorcarbons, the reduction of methane emissions from the oil and gas sector, and GHG emission reductions from the natural gas-fired electricity, chemical and nitrogen fertilizer industries. Canada's regulatory approach is coupled with investments in clean energy technologies and green infrastructure.

The full text of Canada's INDC submission can be accessed here.

Market Mechanisms/Carbon Pricing

In Canada, climate change is a shared responsibility among the federal government and the governments of Canada's 13 provinces and territories. Canadian provinces have jurisdictional authority over the fields of natural resources, energy and many aspects of the environment. Each has its own legal framework, policies and measures in place to reduce GHG emissions.

There is no federal carbon price in Canada, although four of the largest provinces have established or are establishing GHG emission reduction regulations which provide for the issuance and trading of carbon emission credits or other carbon pricing mechanisms.

Alberta

In 2003, Alberta passed the Climate Change and Emissions Management Act (the Act). The Act led in 2004 to the development of a mandatory GHG emissions reporting program under the Specified Gas Reporting Regulation (SGRR). The SGRR requires facilities in Alberta directly emitting over 50,000 tonnes of GHGs measured in carbon dioxide equivalents (tCO2e) per year to submit an annual report on their previous year's GHG emissions to Alberta Environment and Parks (AEP). On July 1, 2007, Alberta brought into force the Specified Gas Emitters Regulation (SGER). It requires each established facility in Alberta that emitted over 100,000 tCO2e per year in any calendar year from 2003 or after to reduce its annual GHG emissions intensity by 12% from its 2003 - 2005 baseline emission intensity.

Emission intensity is a measurement of GHG emissions per unit of production. For instance, for a gas processing plant, the emission intensity is the quantity of CO2e emitted per thousand cubic meters of natural gas production.

The SGER sets out a formula for establishing a facility's baseline emissions intensity. It is essentially an averaging of the ratio of total annual direct GHG emissions to production for the years 2003, 2004 and 2005.

A facility's baseline emission intensity is used to calculate the facility's "Net Emission Intensity Limit", which is the facility's maximum net emission intensity permitted under the SGER. The Net Emission Intensity Limit is calculated by multiplying the facility's approved baseline emission intensity by its reduction target. Specifically, an established facility's Net Emissions Intensity Limit is calculated as its approved baseline emissions intensity times 0.88 (i.e. a 12% reduction of the baseline emissions intensity).

Third party verification is a key component of the establishment of a facility's baseline emissions intensity, as well as for compliance reporting.

In June 2015 AEP announced that the 12% reduction in emissions intensity will be changed to 15% starting January 1, 2016 and to 20% starting January 1, 2017.

As mentioned above, a facility's GHG emissions must not exceed it's Net Emissions Intensity Limit and annual compliance reports must be filed with AEP each year. Facilities have four ways to comply:

  • Reduce emissions down to the facility's Net Emissions Intensity Limit through such things as improvements in facility operations and efficiency (i.e. technology improvements, maintenance resulting in better efficiency and lower emissions, fuel switching, etc.).
  • Pay a fee of $151 per tCO2e to the Climate Change and Emissions Management Fund (CCEMF) for each tCO2e needed to bring the facility's emission down to its Net Emissions Intensity Limit. For each payment to the CCEMF, a facility obtains one technology fund credit equal to one tCO2e. The CCEMF creates a pool of resources that enables additional investments in technologies and programs for reducing emissions or adapting to climate change. Starting in 2016, the fee for a technology fund credit will increase to $20 and in 2017 it will be $30.
  • Purchase emissions offset credits generated from facilities in Alberta which are not subject to the SGER and retire those offset credits to meet the facility's Net Emissions Intensity Limit. A one tCO2e reduction from a facility not regulated by the SGER constitutes one emission offset. The SGER sets out how a recognized offset credit is created.
  • Acquire emission performance credits from another facility regulated by the SGER that has reduced its emissions intensity below its Net Emissions Intensity Limit and retire those credits to meet the facility's Net Emissions Intensity Limit.

Alberta has also appointed a five person panel, chaired by a University of Alberta economist, to conduct a comprehensive review of Alberta's climate change policies. The panel is holding public consultation sessions and is expected to make its recommendations to Alberta by the end of 2015. The panel's advice is to be considered by the Province in its development of a new provincial climate change strategy.

British Columbia

British Columbia implemented a revenue-neutral carbon tax in 2008. The carbon tax is a broad-based tax that applies to the purchase or use of fuels, such as gasoline, diesel, natural gas, heating oil, propane and coal, and the use of combustibles, such as peat and tires, when used to produce heat or energy. The carbon tax applies to fuels at different rates depending upon their anticipated carbon emissions. The rate for each fuel type is applied consistently throughout the province.

Administratively, the carbon tax is applied and collected in essentially the same way the other B.C. motor fuel taxes are applied and collected, except for natural gas which is collected at the retail level. This was done to minimize the cost of administration to government and the compliance costs to those collecting the carbon tax on the government's behalf.

Since July 1, 2012, the tax rate has been set at $30 per tCO2e. The following table sets out the per unit rates for each selected fuels.

Fuel

Units

Tax Rate

Gasoline

¢/litre

6.67

Direct (light fuel oil)

¢/litre

7.67

Jet Fuel

¢/litre

7.83

Natural Gas

¢/litre

5.70

Propane

¢/litre

4.66

Coal-high heat value

¢/litre

62.31

Coal-low heat value

$/tonne

53.31

The carbon tax has a broad base in that it is paid by individuals, businesses and governments. It applies to virtually all emissions from fossil fuel combustion in B.C. captured on Environment Canada's National Inventory Report. There are very few exemptions to application of the tax.

The carbon tax is based on the volume of the fuel combusted and is not related to the selling price of the fuel. For instance, someone purchasing 100 litres of gasoline would pay $6.67 in carbon taxes, regardless if the price of the gasoline itself was 50¢ per litre or $2.00 per litre.

As mentioned above, B.C.'s carbon tax is meant to be revenue-neutral, meaning that every dollar of the carbon tax collected is to be returned to British Columbians through reductions in other taxes. The B.C. Minister of Finance is required by law to annually prepare a three-year plan for recycling carbon tax revenues through reductions in other taxes. This plan is presented to the Legislative Assembly at the same time as the provincial budget.

In 2013, B.C. reviewed the carbon tax and decided that it would keep the carbon tax in place and keep the current tax rate of $30 tCO2e. It also decided that revenues will continue to be returned through other tax reductions. The review covered all aspects of the carbon tax, including revenue neutrality and the impact on the competitiveness of B.C. businesses.

B.C. also passed the Greenhouse Gas Reduction Targets Act in 2007 and under the Emission Offsets Regulation (EOR) created a carbon market for offsets. A fundamental purpose of the EOR is to enable B.C. public service carbon neutrality and to allow a future industrial cap and trade program for facility's emitting over 25,000 tCO2e per year. A Crown corporation, the Pacific Carbon Trust, was created to source and supply offset credits from projects located in B.C. and then to sell them to B.C. government departments and agencies. However, the provincial auditor general reported that government departments and agencies were purchasing offset credits from the Pacific Carbon Trust at a cost of more than double the amount on the open market and that the Trust was purchasing offsets from projects that were not eligible. In late 2013, the government wound down the Trust and transferred the carbon offset program to the Climate Action Secretariat – Climate Investment Branch of the B.C. Environment Ministry.

Finally, B.C. passed the Greenhouse Gas Industrial Reporting and Control Act in November 2014. The main intent of the Act is to enable performance standards to be set for industrial facilities or sectors by listing them in a Schedule. Liquefied natural gas (LNG) operations have been listed in the Schedule given that B.C. is strongly promoting the development of B.C. LNG industry. The proponents of LNG facilities in B.C. wanted more certainty and thus successfully lobbied to have LNG emissions included. The Schedule also includes standards for electricity from coal combustion and will be amended to include other industries.

A series of policy intentions papers on future performance standards have been circulated for public comment and it is intended that final policies and regulations will be published in late 2015.

Under the Act, regulated operations must comply with an emission limit benchmark by submitting a compliance report relative to the benchmark. Operations that have greater emissions than the limit must submit to a compliance account one compliance unit for every tonne of GHG emissions in excess of their emissions limit. There are three types of compliance units that are equivalent for compliance purposes: emission offset units, funded units (financial contributions to a technology fund) and earned credits (units issued to regulated operations with emissions less than the annual emission limit).

B.C. has also had since November 2009 a Reporting Regulation created under the Greenhouse Gas Reduction (Cap and Trade) Act. The Reporting Regulation requires the reporting of GHG emissions from B.C. facilities emitting 10,000 or more tonnes of CO2e per year.

Quebec

In 2009, Quebec amended its Environment Quality Act in order to introduce a new division designed to regulate GHG emissions and establish, for this purpose, a cap-and-trade system of GHG emission rights. Pursuant to the enabling powers granted by this legislation, the government of Quebec adopted in 2011 the Regulation Respecting a Cap-and-trade System for Greenhouse Gas Emission Allowances. Quebec's cap-and-trade system, often referred to as a "carbon market", came into force on January 1, 2013. It applies to all stationary sources emitting more than 25,000 tCO2e every year and to importers and distributors of fossil fuels whose combustion causes the emission of more than 25,000 tCO2e.

In order to prepare the establishment of its cap-and-trade system, the government needed a comprehensive database of GHG emissions. This information was assembled by emissions reporting by industry pursuant to the Regulation Respecting Mandatory Reporting of Certain Emissions of Contaminants into the Atmosphere which requires all emitters of GHGs which emit more than 10,000 tCO2e every year to provide detailed information on emissions to the Government of Quebec. The regulation sets out detailed sampling, measurement and verification protocols for each sector of industrial activity.

Quebec's cap-and-trade system became linked to its California counterpart on January 1, 2014. Carbon emission rights are sold by the Ministry under an auction program. Four auctions are held each year. Quebec has held joint auctions with California since 2014. The sale of emission units is expected to generate more than $3 billion in revenues by 2020, all of which is to be reinvested in measures intended to reduce GHG emissions and prepare Quebec to adapt more successfully to the inevitable impact of climate change. The system accepts the use of offset carbon credits which are generated by voluntary reductions of GHG emissions by unregulated sources. Carbon credits, including offset credits, issued in Quebec may be used for the purposes of California's cap-and-trade system, and vice-versa.

In 2006, the Government of Quebec adopted its first comprehensive Climate Change Action Plan, a 6-year plan. A new plan, the 2013-2020 Climate Change Action Plan is presently under way. Its objective is to reduce total GHG emissions from Quebec by 20% by year 2020, compared with baseline emissions of 1990. The current Action Plan includes three compliance periods, an initial 2-year period followed by two 3-year periods. Regulated facilities have to reduce their emissions in accordance with reduction limits set by the government for each compliance period, or purchase carbon credits to cover any emissions above the limits set by the government. Non-compliance with the emission limits is punishable by hefty fines, including a fine of between $ 3000 and $ 600 000 per metric tonne of CO2e emissions which has not been properly covered.

Discussions are under way to prepare a 2020-2030 Climate Change Action Plan. On September 17, 2015, the Government of Quebec set an emissions reduction target of 37.5% for 2030, from 1990 emissions.

Ontario

Ontario is also taking action in climate change mitigation and adaptation while striving to build a low carbon economy. In 2008, Ontario joined the Western Climate Initiative. The Government of Ontario has been working with 10 subnational jurisdictions in both Canada and the United States in order to develop a climate change policy and climate change initiatives. Like Quebec, it has been partnering with other subnational jurisdictions worldwide in such initiatives and signed the Under 2 MOU in 2015 indicating its intention to contribute to the attainment of an increase of the planet's temperature by not more than 2 degrees in 2050. On April 13, 2015, the Government of Ontario announced that it would move towards a cap-and-trade system similar to Quebec's cap-and-trade system, which will be linked to Quebec's system and California's system.

Ontario is presently holding discussions with industry and other stakeholders in order to design a made-in-Ontario system that is tailored to Ontario's economic structure. Legislation and regulations will be required to implement its cap-and-trade system. Information on emissions of GHGs is presently being collected by the Ministry of Environment and Climate Change pursuant to Ontario's Regulation 452/09 on Greenhouse Gas Emissions Reporting which was adopted initially in 2009 and which applies to industrial facilities emitting more than 25 000 tCO2e annually. On September 14, 2015, the Ministry published draft amendments to this regulation and to the Guideline for Greenhouse Gas Emissions Reporting in order to update these instruments to align them on Quebec's and California's cap-and-trade systems. These amendments, which among other things purport to reduce the reporting threshold to 10,000 tCO2e are up for public review and comment until October 29, 2015.

Ontario has established an objective to reduce GHG emissions by 37% by year 2030, compared to baseline emissions of 1990. Ontario reduced its emissions by 6% in 2014 and intends to achieve a 15% reduction in 2020, compared to 1990 figures.

Renewable Energy

The renewable energy policies and regulations vary from province to province.

In B.C., the B.C. Energy Plan: A Vision for Clean Energy Leadership outlines the steps required for B.C. to develop goals for, among other things, clean energy. The Clean Energy Act sets an objective of producing 93% of B.C.'s electricity from clean or renewable resources.

BC Hydro and Power Authority (BC Hydro), which is owned by the province, is the main electrical generator and distributor in the province. It reports to the B.C. Minister of Energy and Mines and is regulated by the B.C. Utilities Commission. BC Hydro has had a number of programs to enter into power purchase agreements with independent power producers to buy electricity generated from wind, solar, run-of-the-river hydro, wood waste and organic municipal waste. A standing offer program for projects that will generate up to 15 MW is presently in place.

Alberta at this time has no specific policies other than incenting investment into clean and renewable energy projects through the operation of the SGER. Alberta's wholesale electricity market is unique in Canada as privately-owned generating stations bid their facility's power output into a real time market administered by an independent agency which then balances the supply with the demand. About 7% of the generation capacity in Alberta is renewable, and about 12% is derived from industrial cogeneration.

Quebec developed its first energy strategy for the 2006 to 2015 period. This strategy focused mainly on new hydroelectric projects, the creation of a wind energy sector and the diversification of natural gas and oil supply sources.

A new energy policy covering the 2016-2025 period is to be made public by the Government of Quebec in the fall of 2015. This new policy should, among other things, pursue the following objectives: increase Quebec's leadership with regard to renewable energy, continue the transition towards a more carbon-efficient economy and enhance the performance of the province with regard to energy effectiveness and technological innovation.

This new energy policy will necessarily take into account the unique situation of Quebec due to its energy profile regarding its hydroelectric and forestry resources. While on the world scale more than 80% of consumed energy comes from fossil energies, in Quebec, energy is generated by renewable sources (hydroelectricity and biomass) and by fossil fuels. However, 99% of the energy required for transportation is fossil fuel energy, which, consequently represents an important sector for the development of renewable energy such as biofuels.

Hydro-Québec, the sole shareholder of which is the Government of Quebec, has adopted a 2015-2020 sustainable development action plan which focusses on the development of the Quebec's hydropower potential, on the electrification of modes of transportation by deploying recharging points, on pursuing work on renewable energies and on the electrification of mass transit systems.

Initiatives at the municipal level are also encouraged by the government which provides financing for the building of municipal biomethanation and composting facilities to handle organic waste materials.

Ontario has adopted the Green Energy and Green Economy Act, 2009, which takes a two-pronged approach to creating a renewable energy economy. The first is to bring more renewable energy sources to the province and the second is the creation of more energy efficiency measures to help conserve energy. The bill also appoints a Renewable Energy Facilitator to provide "one-window" assistance and support to project developers in order to facilitate project approvals. The approvals process for transmission projects are also streamlined and for the first time in Ontario, the bill enacts standards for renewable energy projects. Homeowners now have access to incentives to develop small-scale renewables such as low- or no-interest loans to finance the capital cost of renewable energy generating facilities such as solar panels.

Ontario has a program of moving away from coal and promoting renewable resources which has led to a number of industrial-scale photovoltaic plants being built. Located in Sarnia, Ontario, the 97 MW Sarnia Photovoltaic Power Plant is one of the largest solar farms in the world and can power more than 12,000 homes. Other facilities include the 23.4 MW Arnprior Solar Generating Station and a 68 MW solar farm in Sault Ste. Marie.

Energy Efficiency

Canada passed an Energy Efficiency Act in 1992 (the Act). It prohibits the importation into Canada or the shipping across provincial boundaries of various energy-using products unless they comply with energy efficiency standards and the product or packaging is labelled in accordance with the regulations. The range of products regulated is broad and includes many household appliances as well as boilers, motors, heaters, coolers and other equipment. The prescribed energy efficiency standard for each regulated product is listed in a Schedule to the regulations.

The Act prescribes responsibilities on the "dealers" of energy-using products, which are persons manufacturing, importing, selling or leasing energy-using products in Canada. Dealers are responsible for ensuring that each model of a regulated product meets the prescribed energy efficiency standard for the product and that an energy efficiency report is sent to Natural Resources Canada.

In Quebec, the Act respecting energy efficiency and innovation was adopted in 2011, giving the Minister of Energy and Natural Resources the responsibility of developing a comprehensive plan with regard to energy efficiency and innovation and to ensure its implementation and follow-up. This plan is meant to contribute to the attainment of the government's target regarding the reduction of GHGs.

The Bureau de l'efficacité et de l'innovation énergétique of the Ministry of Energy and Natural Resources, as well as Hydro-Québec, Gaz Métro and Gazifère, offer different programs and services, including financial support, to various stakeholders in areas such as agriculture, the food industry, commerce, technological innovation institutions, municipalities, residential, community and transport.

Quebec's comprehensive plan on energy efficiency will be updated after the adoption of the 2016-2025 energy policy.

Financial Support

Canada has a number of federal and province-based financial initiatives in place to support clean energy investment, research and development. At the federal level, since 2009 the Clean Energy Fund Program has supported clean energy research, development and demonstration projects, including large-scale carbon capture and storage. Initially announced as a $1 billion investment, the fund was reduced by $205 million in 2010 to provide additional funds to the ecoENERGY Retrofit-Homes Initiative. Approximately $146 million has been provided for small scale demonstration projects in renewable and clean energy research and development projects conducted by federal departments and agencies.

The federal ecoENERGY Innovation Initiative has since 2011 funded research and development projects involving energy efficiency, clean electricity and renewables, bioenergy, electrification of transportation and unconventional oil and gas. Funding is provided to successful proponents following a review and due diligence process and the signing of a contribution agreement.

The Program of Energy Research and Development is a federal, interdepartmental program operated by Natural Resources Canada to fund energy research and development initiatives of 13 federal departments and agencies. At times these departments and agencies partner with the private sector, associations, universities and international organizations.

The ecoENERGY for Renewable Power Program was launched in 2007 to encourage the generation of electricity from renewable resources. Although no new contribution agreements have been signed since March 2011, projects with contribution agreements receive a one cent per kilowatt-hour incentive for eligible renewable energy production during their first ten years of operation. As of March 2011, 104 projects qualified for the incentive.

Footnote

1 All references to dollars are to Canadian dollars.

Norton Rose Fulbright Canada LLP

Norton Rose Fulbright is a global legal practice. We provide the world's pre-eminent corporations and financial institutions with a full business law service. We have more than 3800 lawyers based in over 50 cities across Europe, the United States, Canada, Latin America, Asia, Australia, Africa, the Middle East and Central Asia.

Recognized for our industry focus, we are strong across all the key industry sectors: financial institutions; energy; infrastructure, mining and commodities; transport; technology and innovation; and life sciences and healthcare.

Wherever we are, we operate in accordance with our global business principles of quality, unity and integrity. We aim to provide the highest possible standard of legal service in each of our offices and to maintain that level of quality at every point of contact.

Norton Rose Fulbright LLP, Norton Rose Fulbright Australia, Norton Rose Fulbright Canada LLP, Norton Rose Fulbright South Africa (incorporated as Deneys Reitz Inc) and Fulbright & Jaworski LLP, each of which is a separate legal entity, are members ('the Norton Rose Fulbright members') of Norton Rose Fulbright Verein, a Swiss Verein. Norton Rose Fulbright Verein helps coordinate the activities of the Norton Rose Fulbright members but does not itself provide legal services to clients.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
Similar Articles
Relevancy Powered by MondaqAI
 
In association with
Related Topics
 
Similar Articles
Relevancy Powered by MondaqAI
Related Articles
 
Related Video
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions