Recent Legislative and Regulatory Developments of Interest to Energy Lawyers
This article provides a high-level overview of regulatory and legislative developments in Canada from mid-April 2020 to the end of March 2021. We reviewed statutes, regulations, case law, regulatory decisions, and industry practices from provincial, territorial, and federal authorities. The topics of note include the challenges related to climate change and decarbonization, the opportunities that decarbonization provides for evolving technology and mechanisms for low carbon energy through the use of hydrogen and small scale nuclear, and the regulatory gaps related thereto. We address developments in regulatory efficiency, set out how the Vavilov decision has been applied to energy regulatory decisions, discuss energy regulators’ obligations to consider the honour of the Crown outside of the “duty to consult,” and lastly, discuss the potential effects on project approvals and achieving reconciliation with Indigenous peoples.
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