PERSPECTIVES
Our thoughts on credit risk, environmental, regulatory and policy matters.
Understanding Alberta's TIER System for Carbon Credits
The Technology Innovation and Emissions Reduction (TIER) system is Alberta’s carbon pricing mechanism designed to regulate large industrial emitters. Introduced in January 2020, TIER replaced the previous Carbon Competitiveness Incentive Regulation (CCIR) and expanded on the Specified Gas Emitters Regulation (SGER). TIER's primary goal is to manage and reduce carbon emissions from the province's most significant industrial sectors by setting regulatory standards and compliance requirements.
The Battle Over Greenwashing – A Critical Examination of Bill C-59
Bill C-59, the Fall Economic Statement Implementation Act (“Bill C-59”) enacted into law on June 20, 2024, introduces various amendments to the Competition Act, and in particular, amendments that purport to address “greenwashing” in Canada – the practice of making misleading claims about the environmental benefits of a product or business practice. While these changes purport to enhance consumer protection and promote transparency, they also appear to be part of a broader Federal regulatory trend that directly impacts the energy sector, particularly the oil and gas industry. This article examines these amendments, their implications for businesses and advocacy groups, especially within the energy sector, and their potential impacts on the regulatory and business landscape.
Emissions Cap or Economic Trap? Unpacking Canada’s New Oil & Gas Emissions Cap
In its most recent regulatory push, Canada's federal government unveiled draft regulations on November 4, 2024 aimed at capping greenhouse gas (“GHG”) emissions in the oil and gas sector. The proposed Oil and Gas Sector Greenhouse Gas Emissions Cap Regulations and Regulations Amending the Output-Based Pricing System Regulations (the “Regulations”) target a 35% emissions reduction below 2019 levels by 2030. This move marks a significant federal intervention into one of Canada’s most crucial industries, and it builds on an extensive federal framework that already includes a national carbon tax, clean fuel regulations, and methane emission reductions.
Decoding the Fine Print: The Role of Representations, Warranties, and Covenants in Contracts
When businesspeople discuss contracts, the terms "representations", "warranties", and "covenants" are sometimes used interchangeably. However, each describes a distinct type of provision with a distinct purpose for ensuring that contracting parties fulfill their obligations and receive their bargained-for consideration.
The Role of Liability Insurance
When acquiring oil and gas assets in Canada, understanding and managing Asset Retirement Obligations (ARO) is essential to safeguarding financial stability, ensuring regulatory compliance, and protecting long-term investment value.
ARO vs. Terminal Decommissioning Liability
Discounting Asset Retirement Obligations (AROs) and understanding Terminal Decommissioning Liability (TDL) are critical for accurately assessing the financial and environmental responsibilities of oil and gas companies.
Canadian Decommissioning Liability Estimates and CPAB’s Concerns
Auditing decommissioning liabilities in Canada’s oil and gas sector is a complex but critical process, and the Canadian Public Accountability Board (CPAB) has raised significant concerns about the accuracy and rigor of these audits.
Liability Risk Stratification
In the shadow of the SCC Redwater decision, optimized situational awareness related to asset liability is critical.
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