Draft guidelines for greenhouse gas emissions reporting
On October 7, 2009, the Ministry of the Environment (MOE)
released its draft Greenhouse Gas (GHG) Emissions Reporting
Regulation and Guideline, which would support the implementation of
a cap-and-trade program. If enacted, this regulation would impose
mandatory GHG emissions reporting for all regulated sources in
Ontario that annually emit 25,000 or more tonnes of carbon dioxide
equivalent (a measure of GHG emissions). Reporting for 2010 would
occur in 2011 and continue annually thereafter. Under the
regulation, a number of different GHG emissions quantification
methods could be used for reporting 2010 emissions with
standardized quantification methods being used in subsequent years.
Third-party verification would also begin after the first year.
Facilities that emit between 10,000 and 25,000 tonnes of carbon
dioxide equivalent per year would not be required to report
emissions under the regulation. However, the MOE plans to develop a
program to encourage voluntary reporting for such facilities.
Application for judicial review of renewable energy approval
On October 19, 2009, an application for judicial review of the
renewable energy approvals (REAs) regulation (O. Reg. 359/09) under
the Environmental Protection Act was commenced in
Ontario's Divisional Court. The applicant, Ian Hanna, is
seeking, among other things, an injunction restraining the Ontario
government from issuing REAs to wind facilities. The applicant
alleges that there is "great scientific uncertainty around the
health effects of industrial wind turbines" and the REA
procedure for wind facilities under O. Reg. 359/09 does not take
this alleged uncertainty into account.
Amendments to renewable energy approvals regulation
On October 1, 2009, amendments were made to O. Reg. 359/09. As
initially drafted, this regulation prohibited certain wind
facilities from being constructed or operated in specified
circumstances, even if such facilities had already been approved by
the MOE or were already constructed. The recent amendment allows
parties to construct, operate or otherwise "engage"
'in respect of such wind facilities if a certificate of
approval for air and noise was obtained before September 24, 2009
or if (i) certain approvals were not required and (ii) construction
of the facility began before September 24, 2009.
On October 1, 2009, the U.S. Senate released a draft energy and
climate change bill – known as the Kerry-Boxer bill. This
bill is similar in many respects to the Waxman-Markey bill that was
passed in the U.S. House of Representatives in June. Although both
bills would establish a cap-and-trade system for the country's
largest industrial greenhouse gas (GHG) emitters, the Kerry-Boxer
draft has a more aggressive short-term target. For a more detailed
discussion of this bill, please see Torys' October Climate Change
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Canada is a constitutional monarchy, a parliamentary democracy and a federation comprised of ten provinces and three territories. Canada's judiciary is independent of the legislative and executive branches of Government.
In Bank of Montreal v Bumper Development Corporation Ltd, 2016 ABQB 363, the Alberta Court of Queen's Bench enforced the "immediate replacement" provision in the Canadian Association of Petroleum Landmen 2007 Operating Procedure...
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