The Future of Canada's Energy Industry
The Bennett Jones New Energy Economy Series focuses on the future of Canada's energy industry and will look at key developments at the provincial and federal levels and what they mean for businesses and investors.
The Current State of Canada's ZEV MarketMarch 20, 2023
Federal and provincial policies are creating a new landscape for zero-emissions vehicles (ZEV) manufacturers, importers and suppliers, charging companies and investors to Canada. Opportunities and considerations include: a proposed national sales mandate for ZEVs; purchase incentives that vary by province; new frameworks for ZEV charging infrastructure; and a new compliance credit system.
Electric Contracts for Electric Vehicles: The Key ConsiderationsFebruary 01, 2023
Approximately 24 percent of Canada's greenhouse gas emissions come from the transportation sector. Legislation and regulations are being used to address these emissions by bringing in mandatory requirements. In addition to legislative and regulatory requirements, battery electric and other zero emission vehicles (ZEVs) are increasingly becoming a part of climate change strategy through initiatives offered to public and private sector entities to convert their carbon fuel fleets to ZEV fleets.
Energy Security and the Role of ESGJanuary 19, 2023
Keely Cameron and Nathan Green write in CBA National on the opportunity for Canada to use ESG reporting to differentiate Canadian resources and provide greater global energy security through comprehensive, verifiable and measurable reporting. They describe why it is clear from the supply constraints imposed on the world that there is, and will continue to be, an important role for Canadian oil and gas in the years to come.
COP27 Hydrogen Wrap-Up: A Focus on Africa and EuropeNovember 25, 2022
Momentum in the global hydrogen market continued to pick up at the recently completed COP27 climate summit in Egypt. Deals and partnerships were announced throughout the conference by governments and private companies—particularly between Europe and Africa.
A Leap Toward Net-Zero Power In Saskatchewan: SaskPower Approves 700 MW of New Renewables ProcurementNovember 24, 2022
SaskPower, the Crown corporation responsible for the generation, transmission and distribution of electricity in Saskatchewan, announced on November 7, 2022, that it will add up to 700 megawatts of renewable generation by 2027 with a wind/solar mix of 400 MW of new wind generation capacity and 300 MW of new solar generation capacity in south-central Saskatchewan.
Practical Ways to Embed ESG Into a Business StrategyNovember 16, 2022
Radha Curpen writes for the Greater Vancouver Board of Trade on some of the ways companies are embedding ESG principles into their core business strategy.
Canadian Investment Tax Credits for Clean Technologies and Clean Hydrogen Announced in 2022 Fall Economic StatementNovember 15, 2022
One of the defining aspects of the Government of Canada's 2022 Fall Economic Statement that was announced on November 3, 2022, is its response to the Inflation Reduction Act in the United States. The IRA, signed into law by President Joe Biden on August 16, 2022, offers enormous financial incentives to the clean energy industry in the transition to a net-zero economy.
Canada Infrastructure Bank Commits $970 Million to Canada's First SMROctober 31, 2022
On October 25, 2022, the Canada Infrastructure Bank (CIB) announced it is investing $970 million towards Canada’s first small modular reactor (SMR). The agreement with Ontario Power Generation (OPG) supports the development and construction of a 300-megawatt SMR next to OPG’s existing 3,500-megawatt Darlington Nuclear Generating Station.
Alberta's Role in the Pathway to Net-ZeroOctober 04, 2022
The Energy Disruptors: Unite 2022 conference took place in Calgary recently, bringing together trailblazing "disruptors", ranging from industry leaders to institutional investors to award winning journalists and bestselling authors. With a goal of shifting perspectives to see global energy challenges as opportunities, EDU offers a conduit for global energy, mobility and climate solutions by "leaning in" on difficult conversations and boldly exploring complex topics.
Canadian Municipalities Increasingly Support Climate Change Litigation Against Oil and Gas CompaniesAugust 10, 2022
Canadian municipalities are passing motions to explore options for recovering climate change-related costs from oil and gas companies.
Developing the Solar Project: EPC Contracts in the Alberta Solar SectorAugust 08, 2022
Jason Roth, Geoffrey Stenger and Victoria Tulk write in Alberta Solar Review on key considerations for solar project developers when entering into an engineering, procurement and construction (EPC) contract.
Regulatory Considerations for Renewable Natural Gas Projects in AlbertaJuly 21, 2022
As Alberta continues to diversify its economy, the province has seen significant growth and investment in recent years in the development of renewable projects. Renewable natural gas is one such area gaining increased attention in Alberta. In this blog, we provide an overview of the initial-stage regulatory considerations for RNG projects in Alberta.
Federal Government Publishes Final Regulations Aimed at Reducing GHG EmissionsJuly 13, 2022
The federal Canadian Greenhouse Gas Offset Credit System Regulations (OCSR) and the Clean Fuel Regulations (CFR), under the Greenhouse Gas Pollution Pricing Act and Canadian Environmental Protection Act, 1999, respectively, have recently come into force. Both the OCSR and the CFR represent important legislative components which underpin Canada's greenhouse gas (GHG) emission reduction aspirations, as set forth in Canada's 2030 Emissions Reduction Plan.
Achieving Net Zero by 2050: The MMV Plan as a Fundamental Component to Carbon Sequestration OperationsJune 23, 2022
The Government of Canada adopted the Canadian Net-Zero Emissions Accountability Act in 2021 that sets an ambitious emissions reduction target of 40 to 45 percent below 2005 levels and net-zero by 2050, followed by the introduction of the 2030 Emissions Reduction Plan on March 29, 2022 for achieving those legislative requirements. In that regard, the net-zero transition exposes all sectors of the economy to disruption, and along with the upstream oil and gas sector, are facing increased scrutiny of their commercial operations, including environmental, social and governance objectives.
UN Secretary-General Calls for IP Sharing to Jump-Start Renewable Energy TransitionMay 20, 2022
Michael Whitt comments in the Globe and Mail on UN Secretary-General Antonio Guterres' call for global sharing of intellectual property to jump-start the renewable energy transition. Guterres made his remarks at the release of the World Meteorological Organization's State of the Global Climate 2021 Report.
Alberta Court of Appeal Releases Reference Opinion on Constitutionality of the Federal Impact Assessment ActMay 11, 2022
The Province of Alberta referred two constitutional questions to the Alberta Court of Appeal: a) whether the federal Impact Assessment Act (IAA), part of Bill C-69, is unconstitutional in whole; and b) whether certain regulations made under the IAA are unconstitutional in whole or in part. The case was argued before the Alberta Court of Appeal in February of 2021.The Court released its opinion on May 10.
Small Modular Reactors Gain New TractionApril 25, 2022
David Macaulay, Luke Morrison, Sharon Singh and Dayo Ogunyemi write in the Daily Oil Bulletin and JWN Energy on small modular reactors (SMR) gaining traction due to their size, design and the potential to help reduce greenhouse gas emissions.
Canadian Budget Proposes New Investment Tax Credit For Carbon Capture, Utilization and StorageApril 12, 2022
The 2022 Canadian Federal Budget, released on April 7, 2022, sets the fundamental groundwork of the Government of Canada's goals for national economic development. Following Canada's announcement of its 2030 Emissions Reduction Plan on March 29, 2022, for achieving a net-zero economy by 2050, the Budget establishes a refundable investment tax credit for Carbon Capture, Utilization and Storage (CCUS) beginning in 2022. The Budget did not provide specific proposed legislation for the CCUS Tax Credit. As a result, there could be differences between the form of future proposed legislation and the Budget and such differences could be material.
Canada's Clean Electricity Standard Consultation UnderwayApril 04, 2022
The Government of Canada (through Environment and Climate Change Canada) launched a consultation through the publication of a discussion paper, "A Clean Electricity Standard in support of a net-zero electricity sector: discussion paper," to solicit comments on a clean electricity standard under the Canadian Environmental Protection Act, 1999. The consultation is in support of the stated goals of the federal government to transition to a net-zero electricity supply by 2035 and to achieve economy-wide net-zero emissions by 2050.
2030 Emissions Reduction PlanApril 01, 2022
On March 29, 2022, the Government of Canada released the first of a series of emissions reduction plans, entitled "2030 Emissions Reduction Plan – Canada's Next Steps for Clean Air and a Strong Economy" under the Canadian Net-Zero Emissions Accountability Act. The Act, which establishes in law Canada's 2030 emissions reduction target of 40 to 45 percent below 2005 levels and net-zero by 2050, requires Canada to set emissions reduction targets at five-year intervals and to publish credible plans to meet such targets. Accordingly, the ERP lays out a high level sector-by-sector approach for Canada to reach its climate targets.
Indigenous Reconciliation and the Climate: A Review of Two of Canada's Priorities in 2022March 30, 2022
On December 16, 2021, the Prime Minister released the much-anticipated mandate letters outlining executive priorities and providing direction to cabinet ministers for the upcoming term. While customized for each of the 38 cabinet ministers, the letters contain some common priorities. These letters touched on many issues, including economic recovery and creating a more diverse and inclusive Canada. Two priorities emerged that are likely consistent with the strategic direction of companies in natural resources and other emissions-intensive industries: (i) accelerating efforts to address climate change and (ii) advancing Indigenous reconciliation.
Small Modular Reactors: A Key Component to a Low Carbon Future?March 29, 2022
Energy innovation and transformation is front and centre at all levels of government and industry as society collectively tackles climate issues. Interest in the development and deployment of Small Modular Reactors (SMRs) continues to gain traction due to their size, design and the potential to help reduce greenhouse gas emissions. SMRs are nuclear fission reactors that can produce significant amounts of low-carbon electricity despite being considerably smaller in scope and footprint than conventional nuclear reactors.
Canada Launches New Fund From Carbon Pollution PricingMarch 14, 2022
On February 14, 2022, the federal government announced the launch of the Output-Based Pricing System Proceeds Fund (the OBPS Proceeds Fund), which will aggregate the proceeds received by virtue of the federal Output-Based Pricing System (the OBPS). The OBPS Proceeds Fund aims to support industrial initiatives that reduce greenhouse gas (GHG) emissions and deploy clean technology and green energy by re-investing the proceeds of the federal OBPS back into the jurisdictions from which they originate, into projects that reduce carbon pollution.
Geothermal Resource Development: Alberta Energy Issues Guidance for Obtaining Geothermal Resource LeasesFebruary 16, 2022
On January 25, 2022, Alberta Energy issued Mineral Rights Information Bulletin 2022-02 (Bulletin) setting out guidance for acquiring deep geothermal resource leases for stand-alone geothermal operations in Alberta. The Bulletin advises that Alberta Energy will consider geothermal leases on a first-in, first-out basis. Accordingly, proponents that are considering applying for geothermal leases where there may be more than one application for the same location or where applications may request overlapping rights, should consider the timing of their application to Alberta Energy in light of Alberta Energy's guidance for its consideration of geothermal lease applications.
Alberta Releases Roadmap to a Hydrogen EconomyNovember 15, 2021
On November 5, 2021, the Government of Alberta released its Hydrogen Roadmap (the H2 Roadmap), which presents the government's policy framework for encouraging a domestic market for clean hydrogen and capitalizing on an anticipated multi-billion dollar global hydrogen economy. As discussed in our prior posts on the New Energy Economy, Alberta's move follows similar strategies released earlier by the governments of British Columbia and Canada, as well as strategies released in Germany and the EU, Japan and South Korea and Australia.
Regulatory Changes to Saskatchewan Pipeline Development and Energy Industry Incentive ProgramsOctober 25, 2021
The Government of Saskatchewan has recently implemented a number of regulatory changes to assist energy projects. These changes further expand and refine the Ministry of Energy and Resources 2019 Petroleum Innovation Incentive Program (PIIP or SPII) and the 2020 Oil Infrastructure Investment Program (OIIP). Additionally, the programs now go beyond oil and gas to include carbon dioxide projects and helium projects.
How Energy Lawyers Are Adapting to an Evolving EnvironmentOctober 06, 2021
Vivek Warrier comments in the Financial Post on activity in Canada's oil & gas industry and in renewable energy and what it has meant for law firms.
Bennett Jones Represents ATCO on Acquisition of 39MW Empress Solar ProjectSeptember 20, 2021
Bennett Jones acted for ATCO Ltd. in its acquisition of the Empress Solar Project, a 39 MW photovoltaic solar facility under development in Alberta. This marks another step in ATCO's commitment to contribute to the decarbonization of the electricity grid while enabling customers to reduce the carbon intensity of their energy.
Duncan McPherson on B.C.'s Hydrogen StrategyJuly 29, 2021
Duncan McPherson comments in Hydrogen Economist on British Columbia’s comprehensive hydrogen strategy. He explains that, "many regulatory changes are needed to lay the foundation for a successful hydrogen industry in the province. The two most important changes are regulations to allow carbon capture and storage to open the door for blue hydrogen production in the province, and regulations to provide water rights to green hydrogen projects since electrolysers need a lot of water.”
British Columbia Announces Hydrogen StrategyJuly 15, 2021
On July 6, 2021, the Government of British Columbia released its Hydrogen Strategy outlining 63 actions to be undertaken over the short-term (2020-25), medium-term (2025-30) and long-term (2030-50) to make B.C. a leader in local hydrogen adoption and global hydrogen business.
What Is the Smart Renewables and Electrification Pathways Program?June 11, 2021
On June 2, 2021, Natural Resources Canada (NRCan) announced its Smart Renewables and Electrification Pathways Program (SREPs) in support of Canada's ongoing effort to reach net-zero emissions by 2050.
Alberta Plans to Introduce a Competitive Process for Carbon Sequestration TenureMay 14, 2021
On May 12, 2021, the Government of Alberta issued a statement to announce that it will now be granting carbon sequestration rights through a competitive process. Carbon capture utilization and storage (CCUS) is a method where a large volume of carbon dioxide is captured, transported, and injected into the ground to be permanently stored.
Bennett Jones Acting for ATCO on Potential Clean Hydrogen Project with SuncorMay 14, 2021
Bennett Jones is acting for ATCO Ltd. in a potential world-scale hydrogen project in Alberta. ATCO is collaborating with Suncor Energy Inc. on early stage design and engineering for a potential clean hydrogen project near Fort Saskatchewan.
Saskatchewan to Introduce a Road Use Charge for Passenger Electric VehiclesMay 13, 2021
On May 7, 2021, Bill 34, The Fuel Tax Amendment Act, 2021 passed the third reading in the Legislative Assembly of Saskatchewan. Bill 34 amends Saskatchewan's The Fuel Tax Act, 2020 and The Financial Administration Act, 1993 to introduce a new road use charge for electric vehicles (EVs). While similar charges have been introduced in certain U.S. states, this is the first tax of its kind in Canada and is intended to offset the impacts on the provincial fuel tax associated with EVs.
The New Energy Economy: Alberta's Hydrogen PotentialMay 04, 2021
In the first in a series of podcasts exploring the new energy economy, emerging trends and technologies transforming the energy industry, Vivek Warrier hosts a discussion with three special guests: the honorable Doug Schweitzer, Alberta Provincial Minister of Jobs, Economy, and Innovation, Bob Myles, Executive Vice President, Corporate Development of the ATCO Group, and Kenryo Mizutani, Senior Researcher in the Vancouver office of the Japan Oil and Gas and Metals National Corporation (JOGMEC).
The Power of Now in Canada's Energy IndustryDecember 22, 2020
It is an exciting time in the Canadian energy industry, but also a pivotal one. We need to maximize the value of our current energy resources, and continue to develop new lower-carbon sources that customers want to buy, to help drive growth and to make our economy more resilient and diversified.
Canada's Hydrogen StrategyDecember 17, 2020
Following its recent announcement of A Healthy Environment and a Healthy Economy, an accelerated climate plan for Canada, the Government of Canada released the Hydrogen Strategy for Canada: Seizing the Opportunities for Hydrogen on December 16, 2020. The Strategy seeks to galvanize Canadian production, use, and export of clean hydrogen as an important element in reducing carbon emissions to net zero by 2050, while maintaining Canada's role as a leading global energy player.
The Greater Vancouver Board of Trade Energy ForumDecember 01, 2020
Bennett Jones was proud to present The Greater Vancouver Board of Trade's Energy Forum. Global trends such as technological acceleration, geopolitical shifts, deglobalization and financial distress are presenting new challenges and opportunities that are changing our energy landscape.
Alberta's Industrial Heartland as Canada's Potential First Hydrogen NodeNovember 23, 2020
Alberta's Industrial Heartland is well-positioned to play a foundational role in developing Canada's hydrogen economy.
Alberta's APIP Aiming the Province to Petrochemical Facility LeadershipNovember 04, 2020
With the newly announced Alberta Petrochemicals Incentive Program (APIP), the Alberta government intends to attract $30 billion in new investments by 2030.
Alberta Introduces New Legislation to Lay the Groundwork for Geothermal Resource DevelopmentOctober 28, 2020
Following the release of Alberta's Recovery Plan, which included plans to diversify Alberta's economy and develop a new energy strategy, the Alberta government has made a series of announcements on plans to develop strategies and regulations to assist in the diversification of the province's energy industry. After its announcement on October 7, 2020, to develop a geothermal strategy, the Honourable Sonya Savage, the Minister of Energy, introduced Bill 36, Geothermal Resource Development Act, on October 20. When enacted, Alberta will be the second province in Canada after British Columbia to have geothermal-specific legislation.
Alberta's Natural Gas Vision and StrategyOctober 21, 2020
The Government of Alberta is laying out its plans to diversify and grow the province’s energy industry. The goal is to position the sector for responsible energy development in a post-pandemic world. Major announcements have been made and there are more to come in the fall of 2020 and early 2021. This is the first in Bennett Jones' New Energy Economy Series on the future of Canada's energy industry. We will look at key developments at the provincial and federal levels and what they mean for businesses and investors.