bluuebunny/crossref_metadata_2025 huggingface dataset:
Regulatory and Liability Issues in Horizontal Multi-Stage Fracturing
Authors: Luft Keith , O'Leary Thomas , Laing Ian
Published: December 2018

The last few decades have witnessed greater exploration of oil and gas developments and improvements and evolution in technology that have been driven by the strong demand for oil and gas. Hydralic fracturing techniques have become subject to scrutiny by the media and public in North America and Europe, with attention being paid to the potential or perceived environmental impact associated with such technological developments. This article explains the context and process in which horizontal multi-stage fracturing (HMSF) functions. In addition, the article explores and outlines the legal and regulatory environments in both Canada and the United States, where issues have been raised owing to the wider use of HMSF. The article seeks to provide readers with a better understanding of these emerging and potential legal and regulatory issues.
Taxing Sugar-Sweetened Beverages for Public Health: Legal and Policy Issues in Canada
Authors: Von Tigerstrom Barbara
Published: December 2018

This article examines the potential use of taxes to increase the price of sugar-sweetened beverages in an attempt to curb consumption, improve public health, and generate revenue that can be used to support other public health initiatives. In doing so, it first considers the arguments for and against such a tax, including economic, political, and health considerations. This article then proceeds to look at how the tax could be implemented, addressing the various models of taxation that could be used as well as questions of jurisdiction surrounding what level of government may implement those models.
Alberta’s Insurance Amendment Act: Meaningful Change or a Long Arrow with a Short Bow?
Authors: Billingsley Barbara
Published: December 2018

A litigator I used to work with had a way with metaphors. He once described a legal argument as being a “long arrow with a really short bow” — the implication being that, while impressive and even intimidating at first instance, the argument really did not “fly” and failed to advance the law in a meaningful way. This description came to mind when the Alberta government announced last year that the major components of the province’s long-awaited Insurance Amendment Act would take effect on 1 July 2012. Are the modifications contained in this statute worth the years of anticipation and consultation, or are the changes implemented by the legislation less significant for insurance contract law than the long reform process would suggest? In other words, does the statutory amendment achieve meaningful change by effectively addressing pressing insurance contract issues, or is this reform just a long arrow with a short bow?
Crookes v. Newton: The Supreme Court of Canada Brings Libel Law into the Internet Age
Authors: Fischer Iris , Lazier Adam
Published: December 2018

After paying little attention to defamation law for decades, in the last few years the Supreme Court of Canada has begun to reshape the field. In what has been described as the “constitutionalization” of defamation law, the Court has recently recognized that the common law was out of step with the right to freedom of expression guaranteed by the Canadian Charter of Rights and Freedoms. This process began in 2008 with the Court’s decision in WIC Radio v. Simpson, which clarified and expanded the scope of the fair comment defence. The Court went further the following year with Grant v. Torstar Corp, which recognized an entirely new defence of responsible communication on matters of public interest.
The Real Dope: Social, Legal, and Historical Perspectives on the Regulation of Drugs in Canada, edited by Edgar-Andre? Montigny (Toronto:University of Toronto Press, 2011)
Authors: Hathaway A. D.
Published: December 2018

In The Real Dope: Social, Legal, and Historical Perspectives on the Regulation of Drugs in Canada, Edgar-Andre? Montigny brings together a broad range of recent writing on a wide variety of drugs. The collection is well worth reading for the insights it provides into Canada’s socio-legal historical experience of the regulation of different psychoactive substances and for its documentation of the wealth of expertise coalescing in this area of research. This subject matter has inspired much critical analysis and scholarly debate about the role of academics in informing policy discussions about drug use and support for liberal drug policy reform. The present contribution is unique in its broad coverage of different “types” of drugs in different eras, and in its accessible, coherent presentation of historical material. Each chapter stands both alone and as an asset to its larger contemporary relevance, as interpreted by authors drawn from a variety of disciplinary backgrounds.
Legal Education Reform and the Good Lawyer
Authors: Woolley Alice
Published: December 2018

The critics agree: law schools do it wrong. Stuck in early twentieth century practices that emphasize instruction in legal doctrine in large lecture halls, law schools fail to provide their students with the skills necessary to be practicing lawyers and to be marketable to prospective employers. They fail to instill in their students the “professional identity” necessary to achieve ethical legal practice. This article sounds a cautionary note with respect to those proposals for reform that reject the traditional emphasis on doctrinal teaching. In particular, and in contrast to the critics who view doctrinal learning as inconsistent with, or unrelated to, the creation of ethical lawyers, this article suggests that the emphasis on law in law school serves an essential function in creating ethical legal practice.
Are Clinics a Magic Bullet?
Authors: Cantrell Deborah J.
Published: December 2018

In the current conversation about reforming legal education, one of the constant refrains is that law schools must graduate students who are “practice ready.” Commentators go on to argue that for law schools to produce “practice ready” students, they must expand how they offer experiential learning. One potential way to do that is to expand clinical legal education programs. I worry that law schools (and others) are envisioning clinical legal education as a magic bullet that will solve all of the ills and imbalances present in current legal education. In this article, I demonstrate the unhelpfulness of the phrase “practice ready,” and dismantle the idea that clinical legal education, or any other singularly-focused intervention, can transform legal education. Building from key insights already made in clinical legal pedagogy, I offer an alternative vision of legal education as an ecology of learning, in which law school as a whole is understood to be an interconnected and interdependent system that is dynamic, changing, and in action. I articulate how understanding law school as an ecology of learning can advance innovative changes — both small and large — leading to graduates who have better chances of flourishing in the legal profession.
The World Needs More Rod Macdonald: The Potential of Big Ideas
Authors: Brooks Kim
Published: December 2018

In this article, the author makes the case for thinking boldly and experimentally about the possibilities for legal education and law schools and urges us to embrace the potential for big ideas. She illustrates this approach through the lens of admissions, curriculum, and research. Within each of those aspects of legal education, the article suggests some guidelines that might be used to evaluate reform proposals and proposes one major change to spur reflection.
Recent Judicial Developments of Interests to Oil and Gas Lawyers
Authors: Carscallen Stanley , Edie Donald C. , Beck Rosa , Slawinski Vera A.
Published: December 2018

The purpose of the article is to provide a brief review of recent Canadian judicial decisions of interest to oil and gas lawyers. The authors have surveyed Canadian case law in the areas of government regulation, conflicts, creditor’s rights, surface rights, contracts and tax.
The National Energy Board's Participation Framework: Implementing Changes Resulting from the Jobs, Growth and Long-term Prosperity Act
Authors: Saunders Jody , Lim Jessica
Published: December 2018

As a result of the enactment of the Jobs, Growth and Long-term Prosperity Act, the National Energy Board was required to change its processes relating to standing and level of participation. The Board developed and implemented a Participation Framework to provide clear and consistent guidance to the public on how the Board implemented the changes in the amending legislation. This article delineates the evolution of the Board’s approach to participation and discusses how the Board has responded to larger and increasingly complex projects as it carries out its mandate in the Canadian public interest.
Recent Judicial Developments of Interest to Oil and Gas Lawyers
Authors: Foran Frank R. , Lee Stephen C. , Arboleda Julio N.
Published: December 2018

This article is a compilation of recent Canadian decisions of interest to oil and gas lawyers. The authors discuss a variety of cases in areas such as lands, leases and titles, administrative law, contracts, torts, the environment and royalties.
Recent Legislative and Regulatory Developments of Interest to Oil and Gas Lawyers
Authors: Smith Mark , Buckingham Janice , Gibson Conni , Dubchak Jason
Published: December 2018

This article examines legislative and regulatory developments that have occurred from May 1998 through April 1999 that are relevant to oil and gas lawyers. The emphasis is on federal and Alberta legislative amendments. Regulatory decisions of federal, Alberta, British Columbia, and Nova Scotia boards are reviewed and their application to oil and gas matters are discussed.
Light-Handed Regulation
Authors: Schultz Nikol J.
Published: December 2018

This article examines the regulations of pipeline tolls and tariffs. In particular, concepts of fairness, economic rationale, selected Canadian and American case law and the discretion of regulators like the National Energy Board are discussed. The author presents lay aspects of the Westcoast Energy Inc. Framework for Light-Handed Regulation," explains the light-handed regulation of pipeline in Texas and by the Federal Energy Regulatory Commission, and concludes with future developments in Canada.
The Presumption of Resulting Trust: Nishi v. Rascal Trucking Ltd.
Authors: Chambers Robert
Published: December 2018

No abstract available.
Still Dying for a Living: Corporate Criminal Liability After the Westray Mine Disaster, Steven Bittle (Vancouver: UBC Press, 2012)
Authors: Renke Wayne
Published: December 2018

No abstract available.
Indemnity and Insurance Clauses in Joint Venture, Farmout and Joint Operating Agreements
Authors: Sabey D.O. , Fingarson J.L.
Published: December 2018

Many oil and gas operations conducted under a joint venture agreement are accompanied by liabilities for losses and damages, and parties to the joint venture look to the agreement to determine responsibility for such liabilities. The indemnity clause is a common contractual method of allocating liability. In addition to a contractual indemnification, the party being indemnified takes a covenant from the indemnitor that he will obtain insurance against the risk of liability. This article discusses the use of indemnity and insurance clauses in joint venture agreements and analyzes the problems which are most often encountered in the drafting of indemnity and insurance clauses in joint venture agreements.
After Acquired Rights, Restraint on Alienation and Perpetuities Problems in Joint Venture Agreements
Authors: Reed B.V. , Stein John , Klebuc John , Wakeling T. C. , Laschuk R. B.
Published: December 2018

The typical joint venture agreement has a schedule attached to it describing the lands that are subject to the agreement. To prevent a party from obtaining an advantage in the acquisition of adjoining lands as a result of information obtained from the joint venture, the agreement often contains an after acquired rights clause. There are many reasons why a party to a joint venture agreement desires the right to determine who its partners will be, and to accomplish this, the joint venture agreement usually contains a clause restraining alienation of the property subject to the agreement. This article discusses the use of after acquired rights clauses and restraints on alienation in joint venture agreements and concludes with a consideration of the effect of the Rule against Perpetuities on the after acquired rights clause.
Oil and Gas Conservation in Saskatchewan
Authors: Cawley J. T.
Published: December 2018

The unrestricted application of the rule of capture in the oil and gas industry results in wasteful practices. The author discusses how the Saskatchewan Oil and Gas Conservation Act attempts to solve these difficulties and thereby provide optimum efficiency and also enable each common owner to obtain a just and equitable share of the total production of any pool.
Conservation: Is It Justified in the Public Interest
Authors: Sychuk Maurice J.
Published: December 2018

One of the criticisms of the conservation program is that conservation does not promote public welfare but is a private price maintenance scheme. This article analyzes the achievements of the conservation program and concludes that although the effect of conservation is to stabilize existing prices, information available with respect to the rate of return on investment of oil companies would indicate that prices of crude oil and petroleum products are not inordinately high. This article also discusses the sources of economic inefficiency in the oil industry and suggests that efforts be taken to make conservation more efficient.
One of These Families is Not Like the Others: The Legal Response to Non-Normative Queer Parenting in Canada
Authors: Kelly Fiona
Published: December 2018

A growing number of lesbians and gay men are choosing to become parents. In response, provincial parentage laws have become increasingly inclusive of same-sex parents, though the presumption underlying most of the reforms is that queer parenting will adhere to a nuclear family model. The effect of this preferencefor the nuclear family is that queer parents who engage in non-normative arrangements continue to find themselves outside the law. Perhaps most vulnerable are gay men, particularly in situations where they co-parent with a lesbian couple. This article uses the recent decisions of the Alberta Court of Queen’s Bench and Court of Appeal in D.W.H. v. D.J.R. to illustrate the challenges facing nonnormative queer families and gay male parents in particular. It argues that even in provinces with recentparentage law reforms, deviation from the nuclear family norm poses serious risks for queer parents.
Common Carrier, Common Purchaser and Common Processor Orders
Authors: Hebb C. H.
Published: December 2018

This article presents an analysis of the provisions of the Alberta Oil and Gas Conservation Act with respect to common carrier, common purchaser and common processor applications, considers their relationship to other statutory provisions, and discusses some representative applications. With respect to the objectives of a conservation statute, this article concludes that provisions for common carrier, common purchaser and common processor orders are based on the objective of protection of correlative rights, rather than on the objective of prevention of waste.
Judicial Review of and Appeals from Conservation Board Orders
Authors: Lowery J. B. , Snith J. L.
Published: December 2018

This article discusses the remedies that are available to an oil and gas operator who has been adversely affected by an order of the Oil and Gas Conservation Board. It first analyzes statutory rights of appeal and then discusses the availability of the prerogative writs to review an order of the Conservation Board. An examination of the general principles of administrative law outlines the grounds upon which a Conservation Board order can be attacked and illustrates their possible application to orders of the Saskatchewan and Alberta Oil and Gas Conservation Boards.
The Nature and Effect of Conservation Orders and Possible Civil Liabilities that May Result from Violations of Conservation Orders
Authors: Ostrosser R. N.
Published: December 2018

An oil operator is subject to a vast number of conservation orders in the conduct of his oil and gas operations. This article considers the civil liabilities that an operator may be subject to for breach of a conservation order. It suggests that with respect to liability to a third party for breach of a conservation order, an operator may be liable on the basis of a breach of statutory duty, or alternatively, the breach of the conservation order may be considered as evidence of negligence per se. With respect to contractual liability to his lessor or to other contracting parties, this article advises that a violation of a conservation order might constitute a breach of contract.
Securities Aspects of Specialized Financing
Authors: Libin Bruce R.
Published: December 2018

This paper reviews the securities aspects of specialized financing that is, increasingly, required to mount the capital-intensive projects being un dertaken by the oil and gas industry. It reviews selected aspects of securities law, and factors to consider in the utilization of the "quasi-equity' securities of joint ventures, 'deduction flow-through* share offerings, and limited partnerships.
Mine Development - The Practitioner's View
Authors: Finlayson G. Barry , Stevens G. C.
Published: December 2018

The framework for mineral exploration and development agreements is not always similar to the pattern developed for similar undertakings in the petroleum industry. This paper describes the basic formats for option agreements and to the extent that there is any uniformity joint venture associations that are commonly used in the mining industry. The role and the components of project financing in mine development are also briefly reviewed.
Same-Sex Marriages in Canadian Private International Law
Authors: Bornheim Jan Jakob
Published: December 2018

In 2012, the Canadian federal government took a position in court that same-sex couples married in Canada were not legally married if the law of their domicile did not recognize such marriages. As a reaction to the subsequent media reports and political debate, the government introduced Bill C-32 to modify the Civil Marriages Act. This article analyzes the current treatment of same-sex marriages by foreign-domiciled spouses in Canadian private international law, criticizes the changes to the Civil Marriage Act, and replies to a recent academic commentary on the issue.
Declaratory Relief under Alberta Oil and Gas Legislation
Authors: Perrin Robert M.
Published: December 2018

This paper discusses the applicable legislative and regulatory provisions in Alberta respecting applications for declarations of common purchaser, carrier and processor and orders for rateable take of natural gas, including the implementation of the objec tives ofsuch remedies through decisions of the Energy Resources Conservation Board. Reference is also made to the historical development of these remedies and comparable U.S. legislation (Texas, Oklahoma and Louisiana) in reaching conclusions and recom mendations.
Recent Developments in the Income Taxation of Oil and Gas Profits
Authors: Roche J. H. G.
Published: December 2018

Income tax developments continue to play key role in oil and gas law. Directed to lawyers who are not specialists in oil and gas taxation, this paper describes the fundamentals of the current oil and gas taxation system, and discusses recent legislative and judicial alterations to the system.
The Structure of the Drilling Program - An Overview
Authors: Carruthers E. R. R.
Published: December 2018

New tax incentives in Canada have given rise to the development of drilling funds as financing vehicle for oil and gas exploration and development This paper overviews the key features of such funds, examining the form and type of such agreements, and marketing and securities regulation. The author analyzes and compares several recent Canadian and American drilling fund offerings.
Federal Legislation and Common Law Aspects of Environmental Problems in Canada
Authors: Stroppa Bernard L.
Published: December 2018

Because of the ever increasing concern of mankind over the protection of his environment, greater emphasis has been placed, both in legislation and in the development of the common law, on providing answers and remedies to the problem of pollution. In this survey of the law, the author lists and discusses the Federal legislation which applies to the problem of pollution control. The discussion is broken into six topics, each dealing with particular geographical area of Canada, including one on air pollution. Particular emphasis is put on legislation respecting pollution of waters by the resource industries. Following that, the author discusses six possible remedies available at common law, with particular reference to nuisance actions. The author concludes that tlie legislative field is likely to be the most productive of solutions.
Foreign Investment Review Act
Authors: Bonney William H.
Published: December 2018

The Foreign Investment Review Act is complex piece of legislation which will have an important impact on the Canadian business community. The Act provides the federal government with authority to review and approve or reject investments by "non-eligible persons" to acquire control of existing Canadian businesses, to create new businesses, and to expand existing businesses in Canada. The author briefly discusses the purpose of the Act and the reviewing mechanism. He then provides an analysis of some of the possible effects of the Act on the Canadian oil and gas industry.
Taxation of Mining and Petroleum
Authors: Bell R. D.
Published: December 2018

The following article discusses various types of business arrangements, such as farmouts, participation agreements, operating agreements, joint ventures, etc., which are frequently used in the natural resources extraction industry. The article then discusses section 66 of the Income Tax Act, and in particular, through a review of case law, legal writings and legislative enactments, the author defines and suggests the proper interpretation of the words "association", "partnership" and "syndicate" which, although used in the Act, are not defined. The author then outlines five significant tax provisions which result from the new partnership tax proposals in the Income Tax Act, and which must be of concern to every business which is involved in the area of natural resource extraction. How to determine whether or not a certain business relationship is a partnership, and the consequent applicability or non-applicability of the new partnership taxing provisions, is outlined and examined. The author suggests, however, that in all likelihood the new partnership taxation provisions would only be applied to the clear-cut cases of partnerships and would not be applied to the various types of business arrangements referred to above. In his concluding comments, the author discusses certain election provisions in the Internal Revenue Code of the United States; encourages the government to specifically exclude the normal extractive industry relationships from taxation as partnerships; and discusses the effect of the new tax provisions in relation to the problem of obtaining American capital.
The Failure of the Daniels Case: Blindly Entrenching a Colonial Legacy
Authors: Chartrand Larry
Published: December 2018

No abstract available.
The Arctic Environment and Legislation
Authors: Thompson A. R.
Published: December 2018

This is the first of three papers presented at the Tenth Annual Research Seminar on the special problems of the oil and gas industry in the Canadian Arctic. The paper examines the background to the industry's participation in the Arctic, the special problems of the Arctic environment, and the jurisdictional and administrative framework in the Yukon Territory, the Northwest Territories and the Northern offshore areas. In discussing the Arctic environ ment and legislation, the paper raises the question of whether or not there is new environmental law, and suggests that there is new environmental law taking shape which consists of demands for public participation in, and for broad range of inquiry with respect to, the decision making processes in modern society.
Problems Relating to Arctic Farmout and Joint Operating Agreements
Authors: Holt Wayne G.
Published: December 2018

The form and content of Farmout Agreements and Joint Operating Agree ments in use in the Canadian onshore oil and gas industry have become standardized to the point that the Canadian Association of Petroleum Landmen has published Model Operating Procedure. Farmout and Joint Operat ing* Agreements used in the Arctic require new concepts and different pro visions and procedures to deal with* the special problems caused by the de mands of the environment and the requirements of the Canada Oil and Gas Land Regulations. This article examines the special environmental and regulatory problems of the Arctic, reviews the provisions of standard form agreements and suggests changes necessary to deal with Arctic problems, and discusses provisions and procedures peculiar to Arctic Farmout and Joint Operating Agreements.
Problems Related to the Registration in Western Canada of Foreign Limited Partnerships and the Ownership by Such Partnerships of Interests in Oil and Gas Leases Issued Pursuant to Section 55 of the Canada Oil and Gas Land Regulations
Authors: Rathwell John H. W.
Published: December 2018

This article analyzes the practical problems of the drilling fund—which is becoming an increasingly common method of obtaining financing for the exploration and production of oil and gas. The article discusses whether or not it is necessary to register limited partnership drilling fund formed in the United States under the legislation of Canadian oil and gas jurisdictions, the ability of such limited partnership to carry on business in these jurisdic tions without jeopardizing the limited liability of its limited partners, the number of members that the drilling fund partnerships may have and the name that it may use under the said legislation. The article also considers whether or not drilling fund qualifies under Section 55 of the Canada Oil and Gas Land Regulations.
Comparison of Legislation Affecting Foreign Exploitation of Oil and Gas Resources in Oil Producing Countries
Authors: Olisa Martin M.
Published: December 2018

Foreign investment in Canada, not only in the oil and gas industry but in all Canadian industry, is topical issue. This article summarizes and compares the typical legislative and contractual provisions that are used by the govern ments of other oil producing countries with respect to the terms and con ditions upon which the oil and gas industry can participate in the explora tion and production of their oil and gas resources. The article discusses the requirements that are imposed on foreign applicants for oil and gas rights, the methods used to maximize the returns to the host country, the stipula tions with respect to government participation in and supervision of the foreign enterprise, and leaves it to the reader to decide for himself whether any such provisions or similar provisions should be applied to foreign par ticipation in the Canadian oil and gas industry.
Current Developments in Oil and Gas Taxation
Authors: McDonald, Q.C. John G.
Published: December 2018

Canadian tax law reform which began with the Carter Royal Commis sion on Taxation has culminated in Bill C-259. This article summarizes the current law with respect to income taxation of oil and gas produc tion and then outlines and analyzes the changes in the taxation of the oil and gas industry contained in Bill C-259. The article discusses exploration and development expenses, depletion allowances, the pur chase and sale of oil and gas rights, oil and gas drilling funds, and concludes with the comment that the new law would not appear to unduly impede the growth and development of the Canadian oil and gas industry.
A Review of the National Energy Board Report on Gas Export, August, 1970
Authors: MacFarlane D. W. , Connell G. A.
Published: December 2018

At the Canadian Petroleum Law Foundation Ninth Annual Research Seminar in Oil and Gas Law, R. J. Gibbs, D. W. MacFarlane and H. J. Knowles delivered a paper entitled A Review of the National Energy Board Policies and Practices and Recent Hearings, (1971) 9 Alta. Law Rev. 523. The Board's decision on the hearings discussed in the said paper was handed down in August, 1970. In this article, D. W. MacFarlane and G. A. Connell summarize, discuss and evaluate the more important aspects of the decision of the National Energy Board with respect to the export of natural gas from Canada.
Corruption and Improper Payments: Global Trends and Applicable Laws
Authors: Martin Timothy A.
Published: December 2018

This article reviews recent changes in the law relating to bribes and other improper payments made in the course of conducting business in foreign countries. The author points to an emerging trend toward greater criminalization of such payments, and summarizes relevant Canadian and American law on the subject. The impact of multilateral agreements and international organizations is examined. The author also reviews laws against corruption and improper payments in Yemen, Libya, Nigeria, Kazakstan, Colombia, Venezuela, Indonesia and Vietnam.

In conclusion, the reader is presented with recommendations for achieving compliance with Canadian and American laws, as well as with those of specific host countries.
Canadian Companies Beware: The U.S. Foreign Corrupt Practices Act Applies to You
Authors: Bassett Robert A.
Published: December 2018

This article outlines how the U.S. Foreign Corrupt Practices Act applies to non-U.S. corporations and individuals, with particular reference to those entities in Canada. The author points out the dual requirements of the legislation — the accounting provisions and the anti-bribery provisions — and explains how the generous wording frequently makes them applicable to Canadian corporations and individuals, both directly and indirectly. Several cases are cited as examples of enforcement of the Act against non- U.S. corporations and individuals. The accounting provisions of the U.S. Securities and Exchange Commission are reviewed, as are the anti-bribery provisions of the U.S. Department of Justice.
Emerging Issues in East Coast Oil and Gas Development
Authors: Harrington Michael , Seviour Colm , MacDonald Mark , Dickson James
Published: December 2018

The authors discuss recent developments in oil and gas production in Newfoundland and Nova Scotia and the legal and regulatory regimes which affect both interest holders and oil and gas practitioners. The authors pay particular attention to jurisdictional issues arising from the intersection of federal and provincial legislation and clarify when particular legislation does or does not apply. The authors then examine the legal requirements for the approval of and implementation of oil and gas development plans, the impact of provincial royalty and tax regimes on development, and the criteria for the granting of significant discovery licenses. Finally, the authors discuss the roles of provincial and federal bodies with respect to regulatory and environmental inter-jurisdictional issues.
Alternative Dispute Resolution: Use and Abuse of Information and Specialized Knowledge
Authors: Snider Judith A. , Yates C. Kemm
Published: December 2018

The authors examine the subject of Alternative Dispute Resolution ("ADR") with a focus on the issue of specialized knowledge and its use in two particular spheres of ADR: regulatory tribunals and arbitration. The authors define "specialized knowledge" and compare it to the concept of evidence in order to determine whether it is evidence which can be relied upon by regulators and arbitrators in the context of their ADR decision-making. The relationship between specialized knowledge and the rules of natural justice is explored — in particular, the audi alteram pattern rule and the rule against bias. The authors conclude by suggesting guidelines to be used by arbitrators and regulatory tribunals in adjudicating on matters before them in order to avoid challenges, by judicial review, to their decisions on the basis of misuse or "abuse" of their specialized knowledge.
Recent Judicial Developments of Interest to Oil and Gas Lawyers
Authors: Bonney William H. , Park J. Jay
Published: December 2018

This article is a compilation of recent interesting and potentially influential decisions by Canadian courts. Of note also is a judgment by the House of Lords that appears to significantly restrain the applicability of Rylands v. Fletcher. The authors have surveyed case law development in such areas as contracts, lands, leases and titles, fiduciary duties, tax, the environment, torts, surface rights, governmental regulation, offshore drilling, creditors' rights and administrative law.
Albertan Gas Storage Reservoirs: A New Direction for Royalty Administration
Authors: Winter Colin Q.
Published: December 2018

The Alberta Government and Alberta Energy Company Ltd. have entered into an Agreement for that company to own and operate, for itself and other Storers, an operationally fully diversified, gas storage reservoir at Suffield, Alberta. This Agreement circumvents the existing Alberta regulations and offers us an insight into current Alberta Government policy for Alberta Crown royalty obligations created by upstream storage in Alberta.
Environmental Risk Allocation in the Asset Rationalization Process
Authors: Miller Scott R. , MacFarlance Kevin S.
Published: December 2018

Increasing environmental concern is changing the nature of oil and gas acquisitions and dispositions. Factors such as increased liability, continuing liability, the emergence of a "deep pocket" response to environmental problems, and a growing uncertainty over the potential extent and nature of environmental problems requires lawyers to review current methods of allocating risk. Where appropriate, counsel should build from existing contractual models; but. where necessary they should be prepared to modify existing practices and adopt new standards in order to deal with increasing environmental liability. An increased emphasis on due diligence, disclosure and contractual accommodation of environmental problems at the time of the acquisition or disposition is believed to he the best approach as it allows for flexibility, negotiated responsibility and ensures an appropriate level of investigation and recognition of identifiable environmental problems.
Alberta Gas in United States Markets: Canadian and American Perspectives on Competition, Constitutional and Contract Enforcement Issues
Authors: Yates C. Kemm , Keeley Patrick J.
Published: December 2018

The authors discuss regulatory issues of particular importance and topicality. Included are considerations of the question of whether the pricing pool arrangements under the Alberta Natural Gas Marketing Act, as amended in 1991, may be challenged as violations of the Competition Act (Canada) or the Sherman Antitrust Act (United States) or the Free Trade Agreement between Canada and the United States. The constitutional validity of the amended Alberta Natural Gas Marketing Act is reviewed. The effects of decisions of state regulatory tribunals on contracts for purchase and sale of natural gas are examined in the context of the United States Constitution.
Cogeneration: An Overview
Authors: Brett J. Thomas
Published: December 2018

The author examines the various energy contracts which support a typical natural gas fired cogeneration project, including power purchase contracts, steam contracts and gas supply contracts. Cogeneration projects are also considered in the context of investment opportunities, including the relevant Canadian income tax provisions.
Foreign Investment in Canada's Oil and Gas Sector: New and Emerging Challenges
Authors: Avery Angela , Glossop Peter , Olexiuk Paula
Published: December 2018

Over the last few years significant investments in the Canadian resource sector have been made by foreign, state-owned investors. Recent developments in this area have raised concerns that Industry Canada is adopting a more restrictive approach with respect to state-owned enterprises. This article examines the history and evolution of Canada’s foreign investment regime against the current regime in place in the energy sector. The article then examines the practical and commercial effects of the recent developments and concludes by providing examples of how to navigate the emerging commercial and regulatory framework.
The Role of Impact and Benefits Agreements in the Resolution of Project Issues with First Nations
Authors: Gilmour Brad , Mellett Bruce
Published: December 2018

Energy sector development in Canada frequently involves the need to address First Nations and other Aboriginal interests when government permits or approvals for facilities are involved. Impact and benefits agreements (IBAs) can play a meaningful role in the reconciliation of the interests and ambitions of both Aboriginal and non-Aboriginal communities. This article explores the potential advantages and challenges of working toward agreement to resolve First Nations concerns on a proposed project and also discusses the importance of a robust regulatory process in reaching such agreements.
Calgary's Specialized Domestic Violence Court: An Evaluation of a Unique Model
Authors: Tutty Leslie M. , Koshan Jennifer
Published: December 2018

Specialized domestic violence courts are a recentinnovation in the justice system’s response to domestic violence, with the objective of more effectively addressing domestic violence by jointly holding offenders more accountable and improving safety for victims. Calgary’s court, developed in 2001, began as a unique model focusing on DV specialization in the docket court, speeding entry into the justice system,and treatment for low risk offenders. In 2005, DV specialization was expanded to the trial court. This article presents data on over 6,407 cases from a ten-year period, 1998 to 2008, capturing the development of the model over the years from baseline, specialized docket to specialized trial courts. The results cover the characteristics of the accused and victims, criminal history, and court outcomes. It also presents a summary of the results of interviews with justice and community stakeholders and men mandated totreatment. Implications for the justice system and for jurisdictions considering developing a specialized DV court approach are presented.
R. v. N.S.: What is Fair in a Trial? The Supreme Court of Canada's Divided Opinion on the Niqab in the Courtroom
Authors: Bhabha Faisal
Published: December 2018

No abstract available.
Recent Regulatory and Legislative Developments of Interest to Energy Lawyers
Authors: McInerney Thomas , Munro Shawn , Thusoo Nishi , McCluskey Dean
Published: December 2018

This article discusses recent developments in the regulatory and legislative spheres of interest to energy lawyers. The authors reviewed regulatory initiatives, decisions, related case law and legislation from provincial, territorial, and federal authorities. Topics of note include hydraulic fracturing, oil by rail, liquefied natural gas, renewable energy and power, the new Alberta Energy Regulator, oil and gas development, environmental protection, and Aboriginal and other issues. The period covered is May 2013 to April 2014, inclusive.
Corporate Governance after the Financial Crisis, P.M. Vasudev & Susan Watson, eds.
Authors: Mandziuk Steven N.
Published: December 2018

No abtract available.
The Creativity of 'Unspecialization:' A Contemplative Direction for Integrative Scholarly Practice
Authors: Galvin Kathleen , Todres Les
Published: December 2018

Within the context of health and social care education, attempts to define ‘scholarship’ have increasingly transcended traditional academic conceptions of the term. While acknowledging that many applied disciplines call for a kind of ‘actionable knowledge’ that is also not separate from its ethical dimensions, engagement in the caring professions in particular provides an interesting exemplar that raises questions about the nature and practice of ‘actionable knowledge’: how is such knowledge from different domains (the head, hand and heart) integrated and sustained? This paper is theoretical and wishes to outline some philosophical ideas that may be important when considering the characteristics of the kind of scholarship for caring practices that draw on deep resources for creativity and integration. Firstly, there is an attempt to clarify the nature of scholarly practice by drawing on Aristotle’s notion of ‘phronesis’ (practical wisdom). Secondly, a more meditative approach to the integration of knowledge, action and ethics is highlighted. Finally, its implications for scholarship are introduced, in which scholarly integration may best be served by more contemplative ways of being and thinking. Drawing on Heidegger and Gendlin, we consider the challenges of contemplative thinking for pursuing scholarly practice. We articulate contemplative thinking as an unspecialized mode of being that is given to human beings as an intimate source of creativity. The sense in which unspecialization can be cultivated and practised is discussed.
A Combined H2/Sliding Mode Controller Design for a TORA System
Authors: Ali Hazem I. , Kadhim Mustafa J.
Published: December 2018

In this work, the control of Translational Oscillations with a Rotational Actuator (TORA) system is presented in this paper. The optimal sliding mode controller is proposed to control the two DOF underactuated mechanical system. The nonlinear coupling from the rotational to the translational motion is the main problem that faces the controller design. The H2 sliding mode controller is designed to give a better performance if only sliding mode control is used. The results illustrate that the proposed H2 sliding mode controller can achieve the stabilization of the system with the variation in system parameters and disturbance.
Output Feedback Adaptive Sliding Mode Control Design for a Plate Heat Exchanger
Authors: Al-samarraie Shibly Ahmed , Ali Luma F.
Published: December 2018

The heat exchanger is a device used to transfer heat energy between two fluids, hot and cold. In this work, an output feedback adaptive sliding mode controller is designed to control the temperature of the outlet cold water for plate heat exchanger. The discontinuous gain value of the sliding mode controller is adapted according to a certain adaptation law, where the only information required is the measurement of the outlet cold temperature. A sliding mode differentiator was design to estimate time derivative of outlet hot water temperature. Two constraints which imposed on the volumetric flow rate of the hot water (control input) were considered within the rules of the proposed adaptation law in this work. These are the control input is positive only and has a maximum value. For constructing the sliding variable, the outlet hot water temperature and its time derivative are required. The maximum allowable desired outlet cold water has been estimated as function of heat exchanger parameters and maximum control input. The simulation results demonstrate the performance of the proposed adaptive sliding mode control where the outlet cold water was forced to follow desired temperature equal to . Additionally, the robustness of the proposed controller was tested for the case where the cold inlet temperature is not constant. The results reveal the robustness of the proposed controller.
AUTOPERCEPÇÃO DE IDOSOS ATENDIDOS NA ATENÇÃO BÁSICA SOBRE A RELAÇÃO EDENTULISMO E ENVELHECIMENTO
Authors: Dantas Lucas Richter Oliveira
Published: December 2018

OBJETIVO: Avaliar a autopercepção de idosos atendidos na atenção básica, de um município do interior do nordeste brasileiro, sobre a relação edentulismo e o processo de envelhecimento humano. MÉTODOS: Estudo transversal e quantitativo, com 108 idosos do município de Caicó – Rio Grande do Norte. A coleta dos dados ocorreu entre maio a dezembro de 2017, através de questionário estruturado com três perguntas sobre a associação edentulismo e envelhecimento e o instrumento GOHAI (Geriatric Oral Health Assessment Index). RESULTADOS: 60,1% dos idosos eram do sexo feminino, apresentando pouca escolaridade (70,3%) e edentulismo parcial (64%). A maioria entendia que a perda e fragilidade dos dentes são comuns na fase idosa e o valor médio do GOHAI foi de 23,07 pontos, indicando uma satisfação da maioria dos idosos sobre sua saúde bucal, apesar de possuírem poucos dentes. CONCLUSÕES: O entendimento que a falta de dentes é um aspecto de normalidade entre os idosos limita avanços de ações preventivas em saúde bucal e o aperfeiçoamento de políticas de saúde para esta população.
UTILIZAÇÃO DO STOP-BANG PARA INVESTIGAÇÃO DA SÍNDROME DA APNEIA OBSTRUTIVA DO SONO: REVISÃO DE LITERATURA
Authors: Oliveira Kelly , Bessa Thamires
Published: December 2018

Objetivo: O objetivo do presente estudo foi realizar uma revisão de literatura sobre a utilização do STOP-Bang como ferramenta para a identificação do risco de Síndrome da Apneia Obstrutiva do Sono (SAOS). Fonte de dados: Tratou-se de uma revisão de literatura, a partir das bases de dados Scielo, MedLine e Cochrane. Foram incluídos artigos em inglês e português, no período de 2010 e 2017, realizados com seres humanos portadores de SAOS que tenham utilizado o STOP-Bang para investigação diagnóstica. Síntese de dados: Foram incluídos 20 estudos com indivíduos diagnosticados com SAOS. O STOP-Bang é um instrumento útil e simples para triagem e categorização da gravidade da SAOS, apresentando boa sensibilidade e especificidade quando relacionado ao exame padrão-ouro, a Polissonografia. A pontuação elevada no STOP-Bang, maior ou igual a, 5 a 8 pontos, indica alta probabilidade de SAOS, de moderada a grave. Conclusões: O STOP-Bang se mostra como um instrumento prático e útil para identificação do risco da SAOS, apresentando boa sensibilidade e especificidade quando relacionado ao exame padrão-ouro.
UTILIZAÇÃO DA ESCALA DO MEDICAL RESEARCH COUNCIL NO DESMAME EM PACIENTES CRÍTICOS
Authors: Vento Daniella Alves , Faria Amanda Marques , Silva Laiza Gonçalves , Ferreira Jhennifer Cristina Miranda , Guimarães Viviane Assunção
Published: December 2018

Objetivo:Realizar um levantamento bibliográfico sobre a utilização do Medical Research Council no desmame de pacientes críticos. Fontes de dados: Foram analisadas e selecionadas as publicações realizadas entre os anos 2004 até o ano de 2018 publicadas nas bases de dados da National Library of Medicine, PubMed, Literatura Latino-Americana e do Caribe em Ciência da Saúde (LILACS), na Scientific Electronic Library Online (SciELO), na LanTIndeX e no pubmed. Realizou-se a busca por estudos que possuíam como descritores os termos “paciente crítico”, “fraqueza muscular”, “medical research council”, “desmame” e “extubação” nas línguas portuguesa e inglesa, de forma individual e combinada. Foram selecionados 40 artigos para construção do texto. Síntese dos dados: Foram encontrados pouquíssimos estudos de campo referentes ao tema, porém os estudos selecionados apontaram para a possível relação do escore do Medical Research Council com o processo de desmame. Conclusão:Foi possível identificar que são muito escassas as referências associando a fraqueza da musculatura periférica com o sucesso de desmame. Apesar disso, está muito claro que é de extrema relevância a realização de mobilização precoce com o intuito de minimizar as consequências que uma internação em Unidade de Terapia Intensiva demanda, tal como a fraqueza muscular, pois uma vez minimizada, os benefícios tanto no tempo de desmame quanto no tempo de internação são evidentes