Editorial
This is the last issue of the ERQ for 2023. A number of the articles in this last edition update issues addressed in articles published earlier in the year. The first and possibly the most important is a recent decision […]
Articles
What the Supreme Court actually said in the IAA Reference1
On October 13, the Supreme Court of Canada released its opinion in IAA Reference.[2] Writing for a 5:2 majority (Justices Mahmud Jamal and Andromache Karakatsanis dissenting), Chief Justice Richard Wagner held that what is known as the “designated project” (or […]
Articles
The word “exclusive” does not confer a constitutional monopoly, nor a right to develop provincial resource projects1
The majority opinion in the IAA Reference concludes that the federal government has arrogated to itself decision-making powers that properly belong to provincial governments; powers, that is, with respect to resource projects and other works and undertakings located entirely within […]
Articles
Can Canadian exporters and European importers cooperate? It will be essential under the new European Union Carbon Border Adjustment Regulation1
EDITOR’S INTRODUCTION In the last issue of the ERQ[2] we published an article by Neil Campbell and his colleagues at the McMillan law firm dealing with the new carbon regulations that the European Union implemented in August 2023. Those reporting […]
Articles
The new carbon capture tax credit: It can and should be improved
Canada’s federal government has proposed a range of policies over the past few years designed to reduce greenhouse gas (GHG) emissions. Among them are the refundable investment tax credits (ITCs) in Budget 2022, designed to increase carbon capture and storage […]
Articles
New electricity rate reform in California: A rejoinder to Meredith Fowlie
This article is written in response to an article by Professor Meredith Fowlie in the Energy Regulation Quarterly.[1] She is one of the original proponents of a new rate design proposal that embodies an income-graduated fixed charge (IGFC). Fowlie’s article […]
Articles
A ‘modernized’ NEB? The CER Report on Canada’s Energy Future 2023
INTRODUCTION This paper provides a commentary on the Canada’s Energy Future (EF2023)[1] report issued by the Canada Energy Regulator (CER). Using economic and energy models, the report, one of a series, “explores how possible energy futures might unfold for Canadians […]