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Regulatory Remodelling: Revamping the Canadian Regime for the Regulation of...

Canada’s ambition to achieve net-zero emissions by 2050 will require speedy expansion of our renewable energy resources, including offshore wind. But, if we’re going to get there, we’ll need to improve our regulatory regimes. Fortunately, we have allies from whom we can learn and a regional regulatory precedent that could be helpful. Canada’s current regime […]

Renewed potential: Regulation of offshore wind in Canada’s ocean playground

Long thought to be unreliable due to inconsistent output, renewable wind energy is now primed for growth in Atlantic Canada and Nova Scotia could play a leading role. Advancements in energy storage, load smoothing/shaping, and electrical grid capacity have lessened concerns over energy shortfalls and grid overload stemming from discrete weather events. The result is […]

What federally mandated net-zero emission targets mean to Nova Scotia

Federal legislation designed to achieve net-zero greenhouse gas emissions by 2050 will be felt strongly in Nova Scotia. In the event the Bill is passed (it is currently in its second reading) it will further impact Nova Scotian emitters already subject to strict emission, monitoring and reporting standards. The proposed new legislation should surprise nobody. […]

Nova Scotia: Duty to Consult in Large Infrastructure Projects and...

The Nova Scotia Supreme Court has expanded on the issue of the Crown’s “duty to consult” with First Nations holding that the duty goes beyond considering just the environmental impact of a large infrastructure projects.

Force Majeure Clauses and the Doctrine of Frustration: Flattening the...

As governments across Canada continue to impose restrictions on business and travel in an attempt to curtail the spread of COVID-19, parties to contracts, especially service or sale of goods contracts, may find it increasingly more challenging to complete their contractual obligations. In this context, it may be useful to review the legal concepts of force majeure and the common law doctrine of frustration to consider how each may apply in certain contractual relationships.

Nova Scotia OKs Electronic Record Keeping, Corporate Practices

We are living in a time where there is great potential to improve business practices through the effective implementation of technology. Upcoming amendments to the Companies Act[1], Co-operative Associations Act[2] and Corporations Registrations Act[3] will permit the electronic storage of books and records for both companies and cooperatives. A number of other key updates include, […]

Don’t Be a Materiality Scrape Goat

Contemplating selling your business? Considering entering into a purchase agreement? Materiality scrape provisions are something you should be keeping an eye out for. In many purchase agreements, vendors will make representations about what they are selling. These include a wide range of assurances— such as that it has good title to the assets/shares being sold, […]

Nova Scotia: Can Offshore Aquaculture Be Our Culture?

The potential in Atlantic Canada for economically sustainable aquaculture has been well documented, but getting the industry to flourish remains a challenge and yet an opportunity for the governments in this region.

Cap and Trade Primer on NS Emissions

In October 2017, Nova Scotia amended the Environment Act (Nova Scotia) allowing the province to implement a cap and trade program. With the program’s regulations now coming into effect, the impact of this program will be felt intensely within the Nova Scotia business community and in particular the energy sector. Companies must now report their greenhouse gas […]

Nova Scotia: Marine Renewable-energy General Regulations – Important Considerations for...

In continuation of the series of publications on the legislative and regulatory framework being developed for the tidal energy industry in Nova Scotia, this article highlights some important considerations for tidal energy project developers that arise out of the recently promulgated Marine Renewable-energy General Regulations (the “Regulations”) under the Marine Renewable-energy Act (the “Act”) that came into force on January 23, 2018.