Recent Developments in Oil & Gas Regulation in Canada

September 18, 2007
Reprinted with permission from the 2007/2008 Lexpert®/CCCA CorporateCounsel Directory and Yearbook, 6th Edition. © Thomson Carswell.

Federal energy regulatory proceedings over the past year continued consideration of issues raised in the context of northern gas projects as well as facilities applications for transportation of Alberta oil sands production. The National Energy Board ("NEB") also made decisions regarding proposed new services on the TransCanada PipeLines Limited ("TCPL") Mainline gas transportation system that were designed for gas-fired electrical power generators in Ontario.

At the provincial level, regulators were again being asked to determine the scope of their jurisdiction. Over the past year the Alberta Energy and Utilities Board ("AEUB") considered whether or not it had the jurisdiction to conduct an investigation to fix just and reasonable rates for a previously unregulated pipeline as well as the legal entitlement to coalbed methane ("CBM") on split-title freehold lands. The Ontario Energy Board ("OEB") faced questions relating to the disposition of proceeds from the sale of capital assets. The AEUB also dealt with oil sands development applications amid concerns about the cumulative impacts on the local environment and infrastructure.

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