This paper provides an overview of recent regulatory and legislative developments of interest to energy lawyers. It includes discussions of recent regulatory decisions and related judicial decisions, and well as changes to regulatory and legislative regimes impacting energy law.

This paper will also discuss and comment on a number of ongoing regulatory and legislative developments to watch in the coming year. Topics discussed include standard of review, market access, environmental and climate change regulation, Aboriginal law, and other natural resource and power developments.

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About the Speakers

1595888688-1c5e712cf22c9261 Gino Bruni
Torys LLP
Gino's practice focuses on regulatory and administrative law, and corporate commercial litigation and dispute resolution in a variety of areas. He represents clients primarily in the energy and electricity sectors, particularly for proceedings before the Alberta Utilities Commission and National Energy Board. Gino also assists clients in insolvency and bankruptcy, in regards to receivership and trustee proceedings before the Alberta Court of Queen's Bench.

1595888771-88448b2aa9f1f7a7 Taylor Campbell
Torys LLP
Taylor’s practice focuses on regulatory and administrative law, and commercial litigation. She represents clients primarily in the energy and electricity sectors.

1595888872-d6d5ea1586e22438 Lou Cusano
Torys LLP
Lou is the managing partner of the firm's Calgary office. His practice focuses on administrative, regulatory and environmental law and commercial litigation in the energy sector.

In the power sector, Lou has been involved in the restructuring of Alberta’s electricity sector and has experience in all aspects of both the regulated and the unregulated electricity sectors, including utility rates; cost of capital; market rules; reliability standards; energy price-setting plans; transmission, distribution and generation facilities (both renewable and non-renewable); cogeneration facilities; industrial systems; merchant transmission and generation; market surveillance investigations; and disputes regarding Alberta’s legislated Power Purchase Arrangements.

In the oil and gas sector, Lou’s regulatory experience includes pipelines (greenfield, conversion and toll-related issues), heavy oil/oilsands development, well licensing, off-target penalties, pooling, common processors and carriers, processing facilities, public consultation, facility proliferation, environmental matters, facility emissions, land reclamation, emergency response and surface rights.

Lou’s litigation experience includes many types of contractual disputes involving oil and gas industry issues, operating and royalty agreement disputes and other general matters. In addition, he has litigated electrical energy and facility–related issues. Lou also has experience in litigating securities-related matters. He has appeared before numerous regulatory tribunals, including the Alberta Utilities Commission, Alberta Energy Resources Conservation Board, British Columbia Utilities Commission, Alberta Environmental Appeal Board, National Energy Board and the Alberta Securities Commission. He has appeared in all levels of Alberta courts and has extensive experience in mediation and arbitration.

1595888942-2cb81aba4cc6e978 David Wood
Torys LLP
David's practice focuses on administrative, regulatory and environmental law and commercial litigation in the energy sector.

David has been involved in the restructuring of Alberta’s electricity sector since 1997 and has experience in all aspects of both the regulated and the unregulated electricity sectors, including utility rates; cost of capital; market rules; reliability standards; energy price-setting plans; transmission, distribution and generation facilities (both renewable and non-renewable); cogeneration facilities; industrial systems; merchant transmission and generation; market surveillance investigations; and Alberta’s legislated Power Purchase Arrangements (in particular, disputes under those arrangements).

David also has extensive experience in all aspects of the regulated oil and gas industries, including occupational health and safety, facility licensing, off-target penalties, pooling, common processor, common carrier, public consultation, emergency response plans, surface rights, rate regulation and facility regulation, new pipeline facilities, conversion of existing facilities, regulation of storage facilities, as well as sweet and sour gas wells, plants and pipelines.

In environmental matters, David’s experience includes environmental assessments, regulatory approvals and appeals, reclamation and remediation, brownfield development , emissions and environmental litigation. He has experience litigating, mediating and arbitrating a wide range of commercial and energy matters, including shareholder disputes; directors’ and officers’ liability; securities; "poison pills;" product liability; and royalty, leasing, joint venture, co-ownership and other contractual disputes. David has appeared before numerous regulatory tribunals, including the National Energy Board, Alberta Utilities Commission, Alberta Energy Resources Conservation Board, Alberta Securities Commission, Canadian Environmental Assessment Agency and Canada-Nova Scotia Offshore Petroleum Board. He has also appeared in all levels of courts in Alberta, trial courts in British Columbia and Ontario, and the Supreme Court of Canada.

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