bluuebunny/crossref_metadata_2025 huggingface dataset:
Protecting Your Intellectual Capital in the Canadian Oil and Gas Industry
Authors: Tosto Frank , Nuttall Evan
Published: December 2018

Technological advancements are a key economic driver in the energy sector, particularly in the Alberta oil sands. Underlying the commercialization and use of such advancements are patents, trade secrets, and other intellectual property assets that can provide a competitive advantage in the energy sector. Appropriate planning and processes help maximize the advantage and minimize the risks associated with developing, protecting, licencing, enforcing, and otherwise leveraging intellectual property in the energy sector. This article includes a brief description of patents and trade secrets under Canadian intellectual property law. The article also includes a review of issues related to protecting patents and trade secrets, both in terms of developing the assets themselves and in terms of ensuring clarity of ownership with respect to employment and other contractual relationships between inventors and owners, as well as assignees, particularly within the context of joint ventures. Finally, the article provides a review of current Canadian law relevant to the enforcement of patents, with a focus on issues likely to arise in the litigation of patents for technology and trade secrets used in the oil and gas industry.
Joint Ventures in the Canadian Energy Industry
Authors: Grant Brad
Published: December 2018

This article explores the concept of a joint venture and the use of joint venture agreements in the Canadian energy industry. The discussion is particularly timely as there have been a number of significant joint ventures in the Canadian energy industry, particularly with respect to Asia Pacific investors who have spent billions of dollars to lock up parts of Canada’s oil and gas reserves. With a growing demand for energy among Asia Pacific countries, the article suggests that joint ventures will continue to be significant in the development of Canada’s energy industry. This article provides an overview of the different forms of joint ventures (the corporation, partnership, and contractual joint venture) and the risks and benefits associated with each. This article also addresses some of the key issues with respect to joint ventures generally.
Devolution of Oil and Gas Jurisdiction To First Nations In Canada
Authors: Black Alexander J.
Published: December 2018

This article examines the history and purpose of the First Nations Oil and Gas and Moneys Management Act, which enables the devolution of the management and regulation of oil and gas exploration to First Nations. The author provides an analysis of the Act's salient provisions and the prerequisites to accession to the oil and gas management and moneys regime.
American and Canadian Civil Actions Alleging Human Rights Violations Abroad by Oil and Gas Companies
Authors: Horlick Jonathan , Cyr Joe , Reynolds Scott , Behrman Andrew
Published: December 2018

Under the United States Alien Tort Statute, which permits non-U.S. citizens to bring lawsuits in U.S. courts for human rights violations that are violations of the law of nations, plaintiffs have filed claims against multinational oil and gas corporations for the direct or complicit commission of such violations carried out by the government of the country in which the corporation operated. In addition to exercising jurisdiction over U.S. corporations, U.S. courts have exercised jurisdiction in cases involving non-U.S. defendants for alleged wrongful conduct against non-U.S. plaintiffs committed outside the U.S.The exercise of jurisdiction by U.S. courts over non-U.S. defendants for alleged wrongful conduct against non-U.S. plaintiffs committed outside of the U.S. raises serious questions as to the jurisdictional foundation on which the power of U.S. courts to adjudicate them rests. Defences that foreign defendants can raise against the exercise of jurisdiction by the U.S. courts are an objection to the extraterritorial assertion of jurisdiction, the act of state doctrine, the political question doctrine, forum non conveniens, and the principle of comity. These defences are bolstered by the support of the defendant’s home government and other governments.
Recent Judicial Developments of Interest to Oil and Gas Lawyers
Authors: Bagh Jan , McAffee Dan , Gillespie Edie
Published: December 2018

This article serves to provide an overview of recent judicial decisions of interest to oil and gas lawyers. The areas discussed include wide ranging topics such as confidentiality, employment, taxation, solicitorclient privilege, duty to consult, and other fundamental issues relating to petroleum law.
Sacrificing Fish for Power: A Legal History of the Spray Lakes Development
Authors: Nykolaishen Sarah , Bankes Nigel
Published: December 2018

This article tells the story of how Calgary Power acquired a legal licence to divert and store water in the Spray Lakes Reservoir, how multiple legal instruments, including the National Parks Act, Alberta’s Water Resources Act, and the Natural Resources Transfer Agreement were shaped along the way, as well as details the subsequent efforts that have been made to restore stream flows to the Spray River and rehabilitate its native cutthroat trout population. This article highlights many of the challenges that older hydro-developments pose to aquatic ecosystem health and instream flow needs, while demonstrating that the law can be shaped in interesting ways through the dual pressure of economic growth and environmentalism. This story offers food for thought as Canadian environmental legislation appears poised to undergo significant change.
The Legal Continental Shelf: The Surprising Canadian Practice Regarding Oil and Gas Development in the Atlantic Coast Continental Shelf
Authors: Roy Denis
Published: December 2018

Actions of the Government of Canada and the governments of Nova Scotia and Newfoundland and Labrador, such as interprovincial delimitation of the continental shelf, exclusive exploitation of continental shelf resources, and exclusion of all or part of the revenues generated by these resources from equalization calculations, create the impression of provincial ownership of the continental shelf. This is not the case. In fact, contrary to widely held views, the continental shelf belongs to no one. International law does not grant coastal states sovereignty over the continental shelf. Instead, it grants sovereign rights to explore and exploit the continental shelf. These rights, born of a process of political compromise, belong to the federal government. Consequently, the most common argument for excluding non-renewable resources from equalization calculations (namely, that they belong to the provinces) cannot apply to continental shelf resources. The Canadian practice regarding oil and gas development in the Atlantic coast continental shelf is, from both a legal and political standpoint, all the more surprising given that the Canadian federation is said to be held together by the principle of equalization.
The Basics of Species at Risk Legislation in Alberta
Authors: Fluker Shaun , Stacey Jocelyn
Published: December 2018

This article examines Alberta’s Wildlife Act and the federal Species at Risk Act (SARA) to assess the legal protection of endangered species in Alberta. Most of the discussion relates to provisions contained in SARA, as there is comparatively less to discuss under the Wildlife Act. The fact that legal protection for endangered species in Alberta consists primarily of federal statutory rules is unfortunate, as wildlife and its habitat are by and large property of the provincial Crown, and it is a general principle of constitutional law that the federal government cannot in substance legislate over provincial property under the guise of a regulatory scheme. The legal protections in SARA are, thus, for the most part restricted to species found on federal lands and to species that fall under federal legislative powers. This article demonstrates that the Alberta government has chosen to govern species at risk almost entirely by policy and discretionary power. The limited application of federal protections to provincial lands and the absence of meaningful protection in the Wildlife Act leads the authors to conclude that, despite a perception of legal protection for endangered species, such protection does not exist in Alberta.
Manitoba Metis Federation Inc. v. Canada (Attorney General): Breathing New Life into the "Empty Box" Doctrine of "Indian Title"
Authors: O'Toole Darren
Published: December 2018

This article addresses the Supreme Court’s recent decision in Manitoba Metis Federation v. Canada (Attorney General), the Court’s interpretation of section 31 of the Manitoba Act, 1870, and the ways in which the ruling seems guided by, or at least concurs with, the works and opinions of Thomas Flanagan. The author highlights various cases which have dealt with Métis rights, established canons of statutory interpretation, Crown obligations, opposing scholarly views, and the distinction between historical contextual analysis and historical legal analysis. In doing so, the author argues that the decision is essentially an invocation and resuscitation of the “empty box” doctrine. This doctrine serves both to recognize Métis rights and revoke them of any tangible substance that such recognition might bring, and seemingly obfuscates the plain meaning rule of interpretation applied to the section 31 phrase: “towards the extinguishment of the Indian Title.”
Training Lawyers, Cultivating Citizens, and Re-Enchanting the Legal Professional
Authors: Sandomierski David
Published: December 2018

Law schools ought to have a vision for how they contribute to the public good. This article identifies two views of how public value might fit into the mission of the law school. The additive view holds that pursuing public value (cultivating “citizens”) and training “lawyers” are distinct objectives. This view underlies traditional claims that the law school should be housed in the university, and also accounts for the historic tension between academic law schools and the profession.By contrast, the integrative view holds that training lawyers and cultivating citizens are mutually reinforcing. This view inheres in the desire to ennoble the concept of professionalism, an old tendency that is presently in ascendance. A law school that embraces professionalism can place public value at the core of its mission, deploying its internal incentive structures in the service of the public good. However, the concept is at risk of becoming diluted or being imperfectly translated into practice. Furthermore, a sole focus on professionalism may marginalize or exclude certain conceptions of citizenship.To optimize its public value, the law school that embraces professionalism should take pains to ensure it retains its robust meaning. It can do so by locating discussions about public purpose in the privileged parts of the law school, and by investing in pedagogical innovations that truly integrate conceptions of “citizen” and “lawyer.” These efforts should be supplemented by innovations that promote diverse conceptions of the citizen that do not fit cleanly into the rubric of professionalism.
Forgotten? The Role of Graduate Legal Education in the Future of the Law Faculty
Authors: Jukier Rosalie , Glover Kate
Published: December 2018

In this article, the authors argue that the longstanding trend of excluding graduate studies in law from the discourse on legal education has detrimental effects on both the discourse and the future of the law faculty. More specifically, disregarding graduate legal education is at odds with the reality of graduate studies in Canadian law faculties today, ignores the challenges of graduate programs in law, and perpetuates inaccurate distinctions about both the career aspirations of law students and the relationship between undergraduate and graduate legal studies. In the authors’ view, these concerns can be overcome by reframing the discourse. Once the purpose of legal education is understood to be the cultivation of jurists and the law faculty is seen as an integrated whole of people, place, and program, graduate legal education moves easily into the discussion on the future of the law faculty. Including graduate studies in the discourse is an opportunity to explore, and be hopeful about, the institutional missions of law faculties and their place in the university, the optimization of legal education at all levels, and the methods by which participants in graduate studies should fulfill their responsibilities to the future of the discipline.
The Great Disconnect: Reconnecting the Academy to the Profession
Authors: Ferguson Douglas D.
Published: December 2018

This article examines what the author calls “the great disconnect” between law schools and the profession. After a discussion of the purpose of law school and the current status of the academy and articling, the article traces the history of the relationship between law faculties and the profession over the past century. This relationship has, for the past 50 years, resulted in little connection between the academy and the profession. Recent efforts by the Federation of Law Societies of Canada to regulate curriculum have now made the relationship more important than ever.The author looks at the effect the great disconnect has had on Canadian law schools and makes a number of recommendations on their future relationship with the profession, including institutional links with law societies and the Canadian Bar Association. Curriculum reform can also help bridge the great disconnect by implementing an integrated approach to legal education proposed by the Carnegie Foundation for the Advancement of Teaching, an approach that is being implemented in many law schools across the United States.
Canada's Aging Oil and Gas Infrastructure: Who Will Pay? The Public and Private Cost Recovery Frameworks
Authors: Marion Michael A. , Massicotte Michael G. , Duhn Jessica L.
Published: December 2018

This article examines the legal and practical issues surrounding the costs of reclaiming, remediating, and abandoning Canada’s aging pipelines, wells, and other oil and gas facilities as they reach their functional end of life. The authors address the recovery and distribution of these costs from two perspectives: the public regulatory and legislative frameworks in place in the key oil and gas producing regions of Canada; and the statutory, contractual, and common law framework through which private industry participants share or limit their liability.
Misguided Inferences? The Use of Expressio Unius to Interpret Tax Law
Authors: Larre Tamara
Published: December 2018

This article explores how the interpretive canon of expressio unius has been used by the courts when interpreting the Income Tax Act, and discusses the canon’s place within the landscape of statutory interpretation of income tax law. The article reviews the existing literature to describe the canon, the assumptions on which the canon relies, and the reasons in favour of and against the canon’s use. The ultimate conclusion is there is some value in the interpretive tool, but it should be used only to prompt interpreters to ask questions instead of prompting them to draw conclusions. While canons of interpretation are generally considered textualist in nature, expressio unius type reasoning is often used as a way of taking into account the context of a particular provision. Another problem apparent in the case law is that the canon, also called implied exclusion, is often confused with the canon of implied exception. The article also examines court decisions that apply or reject the use of expressio unius when interpreting the Income Tax Act. Finally, the article proposes factors that should be considered when determining whether expressio unius should be used in a particular tax case.
Corporate Foreign Corrupt Practices and Director Liability
Authors: Blyschak Paul
Published: December 2018

This article examines the various forms of potential liability faced by directors in their capacity as such in connection with corrupt practices engaged in by the corporations they serve. Although generally little discussed to date, Canadian directors do face potential civil liability associated with contraventions of the Corruption of Foreign Public Officials Act that are particular to their status as directors of a corporation. This article thus highlights this particular area of corporate law by reviewing both Canadian jurisprudence and American case law to decipher what lessons Canadian directors can learn in the absence of Canadian precedent similarly on point. Several key cases are highlighted and various risk mitigation strategies available to Canadian directors to guard against these potential liabilities are also discussed.
Environmental Regime for Development of an Oil and Gas Project in the Newfoundland Offshore
Authors: Van Driel Gerlinde , MacDonald Alexander
Published: December 2018

Environmental regulatory approval is an important and necessary step in the development of oil and gas projects in the Newfoundland offshore. The approval process, however, should be as efficient and definitive as possible. This article sets out how the approval process under the Accord Implementation Acts and the Canadian Environmental Assessment Act can be merged so that duplication and unnecessary delay are avoided.
World Petroleum Legislation: Frameworks That Foster Oil and Gas Development
Authors: Onorato William T. , Park J. Jay
Published: December 2018

In this article the authors draw upon the experience of the World Bank in encouraging petroleum investment in its member countries to analyze the essential elements of international-standard legislative frameworks for petroleum exploration and production operations. The basic components of Petroleum Law, Regulations, and Model Contracts are examined with a view to explaining the principles and rationale for each essential element of successful legislative frameworks while recognizing that there is room for a myriad of variations and innovation depending on the hydrocarbon endowment, real or perceived, of each host government.
Midstream Assets: Issues Emerging from a Changing Business
Authors: Park J. Jay
Published: December 2018

This article examines emerging trends in the ownership and financing of midstream assets. It reviews some of the issues arising as a result of these trends under the current standard terms of construction ownership and operation agreements, and offers suggestions for how these terms can be tailored to address these issues.
Regulatory Reform in the British Columbia Petroleum Industry: The Oil and Gas Commission
Authors: Rankin Murray , Carpenter Sandy , Burchmore Patricia , Jones Christopher
Published: December 2018

The authors provide an overview of British Columbia's Oil and Gas Commission by examining the policy reasons behind its creation, the structure of its governing act, and the interaction between the Commission and other government agencies. Particular attention is paid to the Commission's role with respect to First Nations, both by consideration of the Commission as an agent of the Crown, in relation to s. 35 of the Constitution Act, 1982and various memoranda of understanding existing between the Province of British Columbia and First Nations, as well as by reference to specific provisions contained within the Commission's governing act.
The Limitations Act and Oil and Gas Transactions
Authors: Nielsen Allan D. , Schofer Darwin A.
Published: December 2018

This article was written in 1998 while Limitation of Actions Act was still in force. On March 1,1999, the Limitations Act was proclaimed which had the effect of repealing the Limitation of Actions Act.

The article examines the Limitation of Actions Act with respect to the common law principle of discoverability, and the length and dates of the limitations periods of oil and gas actions in Alberta. It then compares these provisions to the scope of the new Limitations Act with particular attention paid to the legislated discoverability rule. With respect to the courts' analysis of limitations issues, the authors survey pertinent case law, illustrating the complexity of the limitations scheme under the old Limitation of Actions Act
Force Majeure - Beyond Boilerplate
Authors: Paulus Joni R. , Meeuwig Dirk J.
Published: December 2018

This article discusses a common feature in petroleum contracts, the force majeure clause. The force majeure clause is often overlooked by parties and lawyers alike as mere boilerplate; however, the clause has important implications when certain events preclude performance of an agreement.

An explanation of what encompasses a triggering event with respect to a force majeure clause is followed by a discussion of the consequences when the clause is invoked in various contractual situations. The authors show how careful drafting of a force majeure clause can minimize the potential for dispute and litigation, with specific regard to the type of contract in which it is placed, the parties involved and the commercial context in which they parties are dealing. Finally, the article addresses how the courts in Alberta and elsewhere have judicially considered force majeure clauses and implications stemming from the cases.
Rights of First Refusal in Oil and Gas Transactions: A Progressive Analysis
Authors: Johnson Clifford D. , Stanford David J.
Published: December 2018

This article begins the analysis of rights of first refusal ("ROFR") by providing an historical of how they have been treated and interpreted by the courts. The analysis continues with an examination of the methods of identifying ROFRs, such as an offer to purchase or a bona fide intention by a party to dispose of its working interest. The authors provide a discussion of the ROFR Notice, discuss package sales and unmatchable consideration, and provide remedies available to a ROFR holder. Throughout the analysis, the authors underscore the importance of drafting proper ROFR clauses at the outset to avoid reasonably foreseeable problems arising later. The authors conclude by drawing implications for the owners of oil and gas properties subject to based on the foregoing analysis and provide commentary on the application of ROFRs.
Energy Regulation and the Role of the Market
Authors: Miller Keith F.
Published: December 2018

This article focuses on the changes and effects of tribunal policies and decisions on industry players since the deregulation of the oil and gas industry. Specifically, it addresses the manner in which the National Energy Board and the Alberta Energy ("NEB") and Utilities Board ("EUB") (formerly the Energy Resources Conservation Board) have cultivated a forum that fosters free market competition. In particular, the Boards articulate position of minimal interference in commercial decisions unless public interest or environmental well-being are placed at risk.

Specific examples of applications for the construction of new pipelines and resulting NEB decisions and reasons are further highlighted in this article. In addition, the article looks at similar EUB positions regarding pipeline proliferation projects. Overall, the article juxtaposes the need to facilitate energy customers, distributors and producers in achieving fair market prices with the need for tribunal intervention in balancing such transactions with public interest concerns.
Recent Regulatory and Legislative Developments of Interest to Oil and Gas Lawyers
Authors: Hollingworth Alan S. , Wood David M.
Published: December 2018

This article reviews numerous recent decisions of the National Energy Board, the Alberta Energy and Utilities Board, the British Columbia Utilities Commission and the Manitoba Public Utilities Board pertaining to oil and gas issues. In addition, changes in the national and provincial statutory frameworks governing the oil and gas industry are explored. While the emphasis throughout the article is placed on developments federally and in Alberta, significant decisions and legislative changes in other jurisdictions within Canada are also highlighted.
Recent Cases and Developments in Oil and Gas Law
Authors: Currie John H.
Published: December 2018

The Canadian Petroleum Law Foundation Ninth Annual Research Seminar in Oil and Gas Law followed different format from past seminars. Whereas previous seminars had centered on various aspects of single topic, the Ninth Annual Research Seminar was broadened to include several topics. One of the topics was the following paper on Recent Cases and Developments in Oil and Gas Law. This topic was very well received by the seminar participants and it is the intention of the Canadian Petroleum Law Foundation to con tinue this topic at future seminars.
Title Problems Concerning Unregistered and Unregisterable Interests in Oil and Gas Properties
Authors: Schmidt Peter G. , Bonney William H.
Published: December 2018

Sir Robert Torrens in developing the Torrens System of Land Titles sought to devise title registration system which would be reliable, simple, cheap, speedy and suited to the needs of the community. In general, the Land Titles Acts of the Provinces of Alberta and Saskatchewan achieve these objectives with respect to ordinary conveyancing matters, but the defects of the said Acts are manifest with respect to problems involved in conveying oil and gas properties and interests therein. One aspect of the problem is the fact that Crown mines and minerals are not under the Land Titles Acts, and as such, an operator must look to the common law and to the legislation under which he acquired the interests to resolve title problems with respect to such oil and gas interests. The first part of this article deals with title problems with respect to Crown mines and minerals; the second part deals with title pro blems with respect to freehold mines and minerals under the Land Titles Acts. For the oil and gas lawyer who is of the opinion that the common law concept of bona fide purchaser of the legal estate for value and without 'notice defeating all equities and the shadowy equities of fraud and fear are proper subjects for the student of legal history, this article points out that these rules are very much alive with respect to Crown mines and min erals, and further points out that if the Supreme Court of Canada follows the Crystallization as opposed to the Registration Theory, as to the effect of caveat, the said rules will be very much alive with respect to freehold mines and minerals.
Legal Problems Arising Out of Co-Ownership of Oil and Gas Leasehold Estate and Facilities
Authors: Olisa Martin M.
Published: December 2018

Most joint venture agreements provide that the parties thereto shall own the joint property in undivided interests. If the agreement does not specify the rights and liabilities of the co-owners, resort must be had to general principles of the law of co-tenancy to determine the right of one co-tenant to drill for and produce oil and gas, the right of one co-tenant to the use of common facilities and the right of one co-tenant to alienate his interest. This article investigates these and related problems and concludes that, in the absence of legislation, there is no authoritative enunciation of the law governing the rights of co-tenants inter se in relation to oil and gas properties and facilities.
Damages for Breach of an Express Drilling Covenant
Authors: Sychuk Maurice J.
Published: December 2018

Although legal problems of oil and gas production are governed by general principles of the law of property, contracts, torts, etc., there are certain situations in the oil and gas industry where these rules do not quite fit, and if they do fit, their application is so strained that the rule becomes a special rule, and becomes a part of that separate body of law referred to as oil and gas law. Damages for breach of an express drilling covenant is such an area. This article distinguishes a covenant to drill a well from a covenant to protect against drainage and from a covenant of reasonable development, discusses the four rules that have been used by the courts in assessing damages for breach of a covenant to drill a well, analyzes the Canadian decisions on breach of a covenant to drill a well and concludes that, in a situation where the plaintiff and the defendant both have an interest in the property on which the well is to be drilled, the Canadian courts will grant damages for breach of a covenant to drill a well on the basis of the loss of royalty rule and on the basis of the loss of market value rule.
Preparing and Presenting a Conservation Board Hearing in Saskatchewan
Authors: Reed B.V. , Stein John , Moss E.J. , Balfour R.J. , Loewen W.G. , Ready W.F.
Published: December 2018

This article examines the practice and procedure of the Saskatchewan Oil and Gas Conservation Board on an application for a statutory unitization order, with particular reference to the application, the hearing and the order. The article compares the advantages and disadvantages of statutory unitization with voluntary unitization and concludes by making several recommendations to correct difficulties and problems in the present practice and procedure of the Saskatchewan Oil and Gas Conservation Board.
Canada's Next Step in Tobacco Control Laws: Is Plain Packaging Legislation a Viable Proposal?
Authors: Brennan Mariette
Published: December 2018

It is widely accepted that tobacco consumption has a number of dangerous side effects. While the federal and provincial governments have introduced a number of laws in order to decrease the number of smokers in Canada, no law on the plain packaging of tobacco products has been introduced. This article explains what plain packaging is, and then goes on to analyze whether a plain packaging law would violate Canada’s constitutional laws from both a division of powers and a Canadian Charter of Rights and Freedoms perspective.
New Frontiers in Resource Technology - A Legal Overview
Authors: Pettigrew D. R. , Bjornson J. C. , Spady Elma K.
Published: December 2018

Three Alberta lawyers, representing different corporate entities in the oil and gas industry, discuss the approach to and treatment of technology de veloped in relation to oil sands, heavy oil and frontier exploration activ ities. Part One provides an introduction to some of the legal challenges created by new developments in resource technology, and examines the experience of Petro-Canada in its frontier operations. Part Two focusses upon the Syncrude project, and the unique problems to which it has given rise. Part Three discusses the role of the Alberta Oil Sands Technology and Research Authority.
Recent Cases of Interest to Oil and Gas Lawyers
Authors: Rae L. Douglas , Desbarats Robert P.
Published: December 2018

This paper reviews significant decisions rendered over the past year.
Recent Cases of Interest to Oil and Gas Lawyers
Authors: Moss E. John
Published: December 2018

This contains the annual review of cases dealing with matters pertinent to the work of oil and gas lawyers.
Some Standard Clauses in Petroleum Industry Agreements - An Inquiry
Authors: Kovach A. J.
Published: December 2018

This paper examines number of clauses commonly included in farmout, unitization and other oil and gas agreements. Drawing upon the Canadian Association of Petroleum Landmen 1974 Operating Procedure, it scrutinizes force majeure, arbit ration, notice, and other clauses, with view to determining their effectiveness.
Natural Gas Pricing in Canada
Authors: McDill Marvin V.
Published: December 2018

Setting out the historical developments which led to government control of natural gas pricing, this paper reviews the current legislative mechanisms and regulatory issues. It includes an examination of net-back pricing under the Petroleum Adminis tration Act and Alberta's Natural Gas Pricing Agreement Act. Issues raised in the Alberta Public Utilities Board's Cost of Service Inquiry are analyzed, along with the special position of Alberta Gas Trunk Line Company.
Alternative Methods of Industry Financing Founded on Recent Income Tax Innovations
Authors: Crawford J. C.
Published: December 2018

Current economic conditions are causing the oil and gas industry to examine novel techniques of project financing. The author discusses two such techniques made possible by recent changes in the tax laws. Hie first, based on 88. 66.1, 662 and 66.3 of the Income Tax Act, permits shareholder, in certain circumstances, to write off expenditures on Canadian Resource properties against his ordinary income. The second relates to the construction and operation of gas plants by a third party in return for long term commitment by gas owners to use or pay for the facilities.
Misuse of Confidential Information
Authors: Prothroe Jack
Published: December 2018

A continuing concern in the oil and gas business is the protection of secret information which may be fundamental to the success of company in developing prospects. This paper discusses the extent to which the law will afford protection to such information, either through damage actions for its misuse or injunctions to restrain its use. The author discusses the circumstances under which information may become "confidential", and the guidelines developed by the courts in number of different circumstances. Reference is made to the scope of s. 7(e) of the Trade Marks Act; and the paper examines number of practical considerations which may arise in attempting to protect confidential information through the courts.
Keeping up with the Common Law O'Sullivans? The Limits of Comparative Law in the Context of Military Justice Law Reforms
Authors: Madden Mike
Published: December 2018

Critics of the Canadian military justice system have recently suggested that Canada should follow developments in military law that have taken place in Ireland, particularly with respect to the expansive procedural rights that are now afforded to accused persons who face summary forms of trial within the Irish system. This article demonstrates that these calls for comparative-based law reform fail to appreciate important differences in the Irish and Canadian environments within which the respective military justice systems operate, specifically through a case study that discusses the distinct international human rights law obligations that bind the two states, and the unique labour climates within the two armed forces. Ultimately, after illustrating how comparative law alone cannot provide a compelling rationale for military justice law reforms in Canada, the article refers to the Irish/Canadian case study in order to argue that knowledge of comparative law is perhaps more useful to responsible scholars in order to deconstruct law reform proposals rather than to generate new law reform ideas.
Current Developments in Oil and Gas Income Taxation
Authors: McDonald John G.
Published: December 2018

Federal income taxation is an area ofincreasing concern to the resource industries. The author deals with current developments in the taxation field as they affect the oil and gas industry. The paper gives general over-view of case law and statutes. The applicable budgets, both Federal and Provincial, are also discussed.
The Gas Utilities Act and the Practice, Procedure and Jurisdiction of the Alberta Public Utilities Board
Authors: Crawford J. C.
Published: December 2018

After reviewing the provisions of the Alberta Gas Utilities Act, particularly the recent amendments thereto, the author submits inter alia, that the Alberta Public Utilities Board, despite s. 28(2) of the Public Utilities Board Act and s. 27 of the Gas Utilities Act, may not have the power to set producer or wholesale prices of natural gas, propane and butane where these products are not intended for use and consumption within the province, because such regulation is matter for the Federal Government pursuant to its jurisdiction over extra-provincial trade. As well, the author examines generally the practice, procedure and jurisdiction of the Alberta Public Utilities Board.
Pollution Control Legislation in Alberta
Authors: Schmidt Peter G.
Published: December 2018

The author provides brief outline of pollution control legislation in Alberta and Us effect upon the oil and gas industry. The Department of the Environment discharges its obligation of "regulating"environmental matters through various sources of legis lation which allow for flexible regulatory scheme adaptable to changing govern ment policy. Direct regulation of the industry is achieved by requiring compliance with the regulations prior to the issue of licenses and permits. Further, various "Guidelines' for pollution control are being established and incorporated into such permits and licences. The author also provides list of similar legislation existing in British Columbia, Saskatchewan, and Alberta.
Current Developments in Oil & Gas Income Tax Legislation
Authors: Rae C. A.
Published: December 2018

Federal income taxation is an area of increasing concern to the resource industry. Fhe author deals with current developments in the taxation field as they affect the oil and gas industry. This paper provides general over-view of 1973 and 1974 case law and departmental bulletins, and possible future effects of, and questions concerning, some of the May 6,1974 Budget proposals, as they relate to the oil and gas industry.
Utilization of Alberta Gas
Authors: Muir Robert C.
Published: December 2018

This paper surveys recent Alberta legislation, regulations and policies with respect to the natural gas industry. The paper discusses proposed changes to the Jumping Pound Formula as method of determining gas process charges, the amendment to the Oil and Gas Conservation Act requiring permit to utilize gas in Alberta and the enactment of the Rural Gas Act and the Natural Gas Rebates Act. With respect to the removal of gas from the Province, tlie paper reviews the policies of the Govern ment of Alberta to increase the field price of natural gas.
Mitigation, Specific Performance, and the Property Developer: Southcott Estates Inc. v. Toronto Catholic District School Board
Authors: Berryman Jeff
Published: December 2018

No abstract available.
Defeasibility of Mineral Interests under the Alberta Torrens System
Authors: Clarke Ronald V. , Richards William N.
Published: December 2018

When Sir Robert Torrens designed his system of land registration, one of his paramount objectives was the indefeasibility of the certificate of title, coupled with an assurance fund to compensate those persons who suffered loss through the misfeasance of the system or through registrar's error. In the following article, the authors, by referring to statute and case law, critically analyze the system which, in relation to surface titles, is undeniably successful, yet in relation to mineral titles, is sadly deficient. The authors review the various exceptions to indefeasibility—fraud, prior certificate of title and misdescription, as well as the s. 64 implied exceptions. The rationale of the assurance fund, and the reason for the failure of the fund to serve as the compensatory feature envisaged by Torrens, is examined. The procedure involved in complete historical search of the mineral title (both as to unpatented Crown lands and freehold lands) is described in detail, including specific problems such as "refills", tax forfeitures, and court orders; the value of mineral cer tificate; and the various branches of the government which must be consulted. As well, the Land Titles Office practice of maintaining "file" of confidential information (generally inaccessible to lawyers) is criticized. The authors then look at the question of determining ownership of mines and minerals under lying bodies of water. Three aspects of the law of riparian rights are con sidered—the ad medium filum rule, accretion, and avulsion. The problem of determining mineral ownership under road allowances and the unique statutory provisions regarding railway lands and Soldier Settlement Lands are discussed, Finally, the authors evaluate the purpose, use, and effect of the registrar's caveat.
Jurisdictional Problems in Canada's Offshore
Authors: Beauchamp K. , Crommelin M. , Thompson A. R.
Published: December 2018

As oil and gas exploration activities are beginning to concentrate in offshore regions, it is inevitable that two major problems will be encountered: (1) international boundaries; and (2) federal-provincial control over offshore resources. The authors devote the first part of their paper to discussion of the first problem. They analyze the historical origin of offshore rights; current international law on the subject; various methods of determining boundaries; followed by detailed examination of six of Canada's present boundary disputes and the corresponding position taken by the concerned countries in each case. The latter part of the paper is devoted to the federal-provincial issue, concentrating on constitutional aspects, resource sharing, and admin istration of the offshore operation. The authors critically analyze the Offshore Minerals Reference case, and proceed to comparative study between Canada, Australia, and the United States with respect to the control, development and exploitation of offshore resources. The federal offer to the provinces, consisting of arbitrary boundaries for purposes of administration, is critically evaluated and rejected. In its place, the authors propose some viable alter natives. Finally, the applicability of ancillary federal and provincial laws to the offshore region is examined.
Offshore Operating Agreements
Authors: MacWilliam D. A. , Muir R. C.
Published: December 2018

The following article analyzes the offshore joint operating agreement in detail. Inter alia, the possible corporate forms Canadian company could use, and their respective advantages and disadvantages, are discussed. The authors consider the new concepts and different provisions and procedures that are necessary to deal with the special problems of offshore operations. Operatorship, with its corresponding rights and obligations, is discussed with emphasis on whether or not challenge clause should be included in the agreement. Independent operations, and the subsequent determination of penalties, are reviewed. The authors discuss problems involved with dis position of production, and in particular, the overlift-underlift clause. Other topics examined are offshore lease selection, sharing of platform costs, and arbitration clauses.
Selected Cases, Legislation and Developments in Oil and Gas Law
Authors: Harrison Rowland J.
Published: December 2018

The topic of Recent Cases and Developments in Oil and Gas Law was introduced at the Canadian Petroleum Law Foundation Ninth Annual Research Seminar in Oil and Gas Law. This article is the paper on the topic, extended to deal with recent legislation, delivered at the Tenth Annual Research Seminar. The article concentrates its comments and discussions on two areas of recent developments in oil and gas law, namely, the attitude of Canadian Courts to the interpretation of the freehold petroleum and natural gas lease and the applicability of the doctrine of estoppel to terminated petroleum and natural gas lease.
Recent Judicial Developments of Interest to Oil and Gas Lawyers
Authors: Mills Douglas G. , Beck Brian
Published: December 2018

This article is a compilation of recent Canadian court decisions pertaining to oil and gas law. Case law in the following areas has been surveyed: (1) contracts and torts; (2) lands, leases and titles; (3) royalty agreements; (4) surface rights; (5) offshore drilling; (6) administrative law; (7) environmental law; (8) tax; (9) directors' liability; (10) fiduciary duties; and (11) civil procedure.
The Stars and Stripes Wherever: The Impact of Unilateral U.S. Economic Sanctions on the International Petroleum Industry
Authors: Coleman Lynn R. , Graham Thomas R.
Published: December 2018

The authors discuss the impact of American domestic policies and electoral politics on the formulation of the international economic laws of the United States. They note a trend towards the attempted extraterritorial application of American international economic legislation and highlight the significance of the Helms-Burton Actand the Iran (Libya) Oil Sanctions Act in this context. It is suggested that these Acts represent an aggressive attempt by the United States to force its traditional allies and trading partners to conform to American international economic policies, and that if not successfully challenged in international fora they may be followed by other similar pieces of legislation. Finally, special attention is paid to the impact and potential impact on the oil industry of these Acts and other American international economic measures.
Independent Operations: Article X of the CAPL Operating Procedure
Authors: Desbarats Robert P. , MacDiarmid Donald G.
Published: December 2018

This article discusses independent oil and gas operations on jointly held properties, and in particular considers the application of Article X of the Operating Procedures of the Canadian Association of Petroleum Landmen. It explores the rights and obligations of both the party proposing the independent operation and the non-participating party. Recent judicial consideration of some aspects of the operating procedures is discussed. The article suggests some specific changes parties may wish to incorporate when adapting the operating procedure to their circumstances.
Merger and Acquisition Strategies
Authors: Shaw Richard A.
Published: December 2018

This article examines merger and acquisition strategies under corporate securities legislation of the Provinces of Alberta and Ontario and the corporate legislation of Canada. The author begins by defining terms that are integral to mergers and acquisitions and then moves on to discuss some preliminary considerations. Four takeover alternatives are presented: (1) purchase of treasury shares by private agreement; (2) exempt takeover by private agreement; (3) formal takeover bid; and (4) negotiated acquisition by amalgamation or arrangement. For each of these alternatives the author first looks at procedural and technical requirements, and then discusses the advantages and disadvantages of the particular procedure. The author then reviews the impact of the Ontario Securities Commission Policy No. 9.1 on merger and acquisition strategies. Finally, the author briefly looks at the multijurisdictional disclosure system adopted in Canada and the United States.
The Evolution of International Investment Law and Its Application to the Energy Sector
Authors: Whitsitt Elizabeth , Bankes Nigel
Published: December 2018

Foreign investors in the energy sector have long sought to secure guarantees from the host state in order to reduce future risk. The international investment law regime has fundamentally altered the legal framework for investors and host states within the energy sector. This article explores the application of international investment law within the energy sector, describes some common categories of disputes that characterize the energy sector, identifies the main disciplines or standards in investment law, and discusses the remedies available to investors.
Recent Legislative, Regulatory and Environmental Developments of Interest to Oil and Gas Lawyers
Authors: Miller Keith F. , Bourgeault Erin R. , Bunz Curtis G. , Quinton-Campbell Patricia
Published: December 2018

This article provides a brief review of recent legislative, regulatory and environmental developments of particular interest to oil and gas lawyers. Part Two of the article highlights specific legislative developments, including those affecting environmental regulation. Emphasis is placed on recent federal and Alberta legislative developments along with some noteworthy developments in British Columbia. Part Three considers regulatory developments in the context of recent tribunal decisions at both the federal and provincial levels. Federally, the article examines recent decisions by the National Energy Board. At the provincial level, decisions by the Alberta Energy Resources Conservation Board and the Alberta Public Utilities Board (now combined to form the Alberta Energy and Utilities Board) are considered.