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Book Reviews

Arbitration Law of Canada: Practice and Procedure (Third edition),
J. Brian Casey

Author: Gordon E. Kaiser ×

Reviewed by Gordon E. Kaiser* Most disputes in the energy sector are ultimately resolved by either a regulatory agency or an arbitration panel. The courts are generally a distant third. Regulators have the primary jurisdiction but the majority of the […]

December 2017 – Volume 5, issue 4 2017
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Energy Regulators and Cost Overruns: The Nova Scotia Maritime Link Decision

Author: Gordon E. Kaiser ×

It is no secret that building energy infrastructure in Canada is difficult. Recently, TransCanada threw in the towel on the Energy East project after years of delay and opposition. The final straw was the National Energy Board decision to consider […]

December 2017 – Volume 5, issue 4 2017
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Ontario Court of Appeal Clarifies Privacy Obligations for Utilities

Authors: Molly Reynolds, Caitlin Morin and Amir Eftekharpour ×

Introduction On August 10, the Ontario Court of Appeal released its decision in R v Orlandis-Habsburgo (Orlandis).1 The Court held that a utility sharing residents’ energy consumption data with police, which led to a search and criminal charges, violated the […]

December 2017 – Volume 5, issue 4 2017
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Articles

Moving Forward with Tariff Reform

Moving Forward with Tariff Reform

Authors: Ahmad Faruqui and Mariko Geronimo Aydin ×

I. Introduction For the better part of the past century, residential customers in the U.S. and many other countries have paid for electricity through a two-part tariff that has collected most of the revenue through a flat volumetric charge.  In […]

December 2017 – Volume 5, issue 4 2017
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Articles

Legislative and Regulatory Changes Governing Hydrocarbons and Pipelines

Author: Ludovic Fraser ×

1. Background The development of Quebec’s oil and gas industry in the last decade has been quite a saga. First, a good portion of its hydrocarbon reserves must be obtained through controversial methods like hydraulic fracturing and horizontal drilling. Second, […]

December 2017 – Volume 5, issue 4 2017
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Articles

Ontario’s Cap and Trade Agreement with Québec and California

Authors: Tyson Dyck, Dennis Mahony, Henry Ren and Caitlin Milne ×

Linkage will take effect on January 1, 2018 Ontario plans to join the Québec-California carbon market as of January 1, 2018, under a harmonization and integration agreement (linkage agreement) announced on September 22.1 The Ontario Ministry of the Environment and […]

December 2017 – Volume 5, issue 4 2017
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Articles

Changing Duty to Consult Expectations for Energy Regulators: Broader Implications from the Supreme Court of Canada’s Decisions in Chippewas of the Thames and Clyde River

Author: Dwight Newman ×

1. Introduction The July 2017 decisions of the Supreme Court of Canada in two duty to consult cases involving the National Energy Board, Chippewas of the Thames and Hamlet of Clyde River,1 marked in some ways a restatement of a […]

December 2017 – Volume 5, issue 4 2017
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Articles

System Under Stress: Energy Decision-Making in Canada and the Need for Informed Reform

Authors: Michael Cleland and Monica Gattinger ×

Introduction: Canada’s Energy Future Many factors will determine Canada’s energy future over the next few decades. Carbon pricing and climate commitments; the constantly shifting state of international energy markets; potentially radical technological advances from electric power to vehicles to hydrocarbon […]

December 2017 – Volume 5, issue 4 2017
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Editorials

Editorial

Authors: Rowland J. Harrison, K.C. and Gordon E. Kaiser ×

The challenges that continue to confront Canadian energy regulation are multi-dimensional and complex. It is convenient, however, to address these challenges under three general, interrelated headings: public acceptance (or “social licence”); aboriginal consultation; and climate change. Articles in this issue […]

December 2017 – Volume 5, issue 4 2017
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