Canadian Energy Law Foundation presents the 52nd Annual Jasper Research Seminar

Transcription

1 Canadian Energy Law Foundation presents the 52nd Annual Jasper Research Seminar June 19-22, 2013 Jasper Park Lodge, Jasper, Alberta

2 WELCOME It is my privilege to chair the Canadian Energy Law Foundation s 52th Annual Jasper Research Seminar. This year s seminar builds on the rich tradition of 51 years of outstanding papers and aims to foster dialogue and debate around current legal issues that we all face. We are hoping for lively discussions and to continue to contribute to a better knowledge and understanding of energy law issues. We have the usual outstanding quality of papers and presenters and are looking forward to the banter to be exchanged between moderator Professor David Percy Q.C. and the presenters. There is particular anticipation around the exchange when Professor Nigel Bankes presents his paper on current international investment law issues. The Jasper Park Lodge staff has been advised to be on high alert for a potential donnybrook erupting between University of Calgary and University of Alberta alumni as a result. In addition to the review of international investment law and the usual comprehensive review of regulatory and case law developments over the past year, the program features an analysis of foreign investment in Canada s energy sector, commentary on both Federal and Alberta regulatory reform, consideration of jurisdictional conflicts between Federal and Alberta Occupational Health and Safety Regimes, an evaluation of the impact of and jurisprudence involving gross negligence clauses, and last but not least, an assessment of benefit agreements with First Nations. You should make sure to bring your camera bow ties, steel brimmed hats and poison tipped stilettos for the James Bond themed Friday night dinner and dance. Whether you fancy yourself as Bond, Goldfinger, Tiffany Case or Moneypenny, you should have a great time. Please accept our invitation to attend this exceptional event and enjoy time with colleagues and family and the natural beauty (and golf) that Jasper has to offer. Shannon Young 2013 Jasper Seminar Chair

3 CANADIAN ENERGY LAW FOUNDATION The Canadian Energy Law Foundation is a non-profit organization which has fostered improvement of knowledge and understanding of energy law since its inception in One of the primary functions of the CELF is its Annual Research Seminar. The Jasper Seminar is a premier event for energy practitioners, combining the presentation of papers of high academic quality on topics of current interest with an opportunity to enjoy leisure activities with other members of the energy bar. Papers prepared for the Seminar are published as the Energy Law Edition of the Alberta Law Review. The Seminar attracts both presenters and participants from across Canada and has a mandate to address all areas of energyrelated law of current interest, including the practice of energy law internationally. The members of the 2013 Jasper Research Seminar Committees are: Shannon Young, Nexen Inc. Pat Maguire, Bennett Jones LLP Angela Avery, ConocoPhillips Canada 2013 Seminar Chair 2013 Papers Co-Chair 2013 Papers Co-Chair George Antonopoulos, Dentons Canada LLP Robbie Armfield, Nexen Inc. Simon Baines, Osler Hoskin & Harcourt LLP Peter Bryan, Borden Ladner Gervais Kate Cheney, ConventionALL Management Inc. Chris Harris, Blake, Cassels & Graydon LLP Dan Kolenick, Shell Canada Limited Daina Kvisle, Osler Hoskin & Harcourt LLP Blair McGeough, TransAlta Corporation Carolyn Milne, Shell Canada Limited Luke Morrison, Bennett Jones LLP Jana Prete, Blake, Cassels, Graydon LLP

4 Wednesday, June 19 7:30pm - 11:00pm Thursday, June 20 Registration and President s Reception with a casual buffet dinner for registrants, guests and families - business casual SCHEDULE 7:00 am Breakfast 8:00 am - 12:00 pm Welcome followed by Seminar Presentations - business casual 12:00 pm - 2:00 pm Luncheon for registrants, guests and families - business casual Afternoon 2:00 pm - 7:00 pm Golf Tournament 7:30 pm - 11:00 pm Dinner buffet for registrants, guests and families with entertainment for children including MadScience - business casual Friday, June 21 7:30 am Breakfast 8:30 am - 12:00 pm Seminar Presentations - business casual 12:00 pm - 2:00pm Join us for lunch at the tennis courts and an afternoon of fun and games Afternoon Free time for golf, tennis, an organized intermediate hike or family fun- Amazing Race style! 6:00 pm - 11:00 pm Children s buffet dinner and supervised playroom with games, movies and S mores 7:30 pm - 8:15 pm Reception for registrants and guests- black tie optional 8:15 pm - 11:00pm James Bond themed evening with dancing Saturday, June 22 8:00 am Breakfast 9:00am - 11:30 am Seminar Presentations - business casual 11:30 am Seminar Ends

5 PAPER TOPICS & SPEAKERS Thursday, June 20, :15 am - 9:15 am international investment law issues in electricity and petroleum sectors Nigel Bankes, University of Calgary Liz Whitsitt, University of Calgary This paper canvasses developments in investor-state arbitral jurisprudence in the last fifteen years covering both the petroleum and electricity sectors. While emphasizing cases involving the Government of Canada or Canadian companies, the paper also covers more general developments in international investment law. 9:30 am - 10:30 am federal and alberta energy project regulation reform - at what cost efficiency? Lars Olthafer, Blake, Cassels, & Graydon LLP Kate Slipp, Blake, Cassels, & Graydon LLP Rowland J. Harrison, University of Alberta Recent federal and Alberta legislative initiatives have introduced significant measures aimed at improving the efficiency of the regulatory process for major energy development projects. This paper analyzes the federal amendments to the National Energy Board Act, the Alberta Responsible Energy Development Act, and assesses their likely effectiveness in improving the efficiency of regulatory processes. 10:45 am - 11:45 am legal interpretation of gross negligence Miles Pittman, Norton Rose Canada LLP This paper considers the rationale for including the gross negligence standard in various types of contracts and clauses and trace the history of its use before illustrating its current use and context, including in the international and offshore spheres. This analysis necessarily includes a comparison with willful misconduct as well as a thorough analysis of recent cases, including Trident and Adeco. With that foundation, the paper explores language that may be of use to contracting parties in accurately reflecting their intentions. Friday, June 21, :30 am - 9:30 am the collision between federal and provincial occupational health and safety regimes on energy and resource projects Jane Sidnell, Rose LLP Shaun Hohman, Denton LLP Larry Dunn, Alliance Pipeline Federal and provincial occupational health and safety regimes have within them different duties, rights and remedies. This paper explores some of the differences between these regimes, and, in particular, examines those difficult fact situations where the regimes collide, such as provincially regulated contractors or trades working on federally regulated projects or federally regulated contractors or trades working on provincially regulated projects. The paper includes suggestions for how to resolve or minimise the impact of the duelling occupational health and safety regimes. 9:45 am - 10:45 am foreign investment in canada s oil and gas sector: new and emerging challenges Peter Glossop, Osler, Hoskin & Harcourt LLP Paula Olexiuk, Osler, Hoskin & Harcourt LLP Angela Avery, ConocoPhillips Canada This paper considers the foreign investment review process under the Investment Canada Act ( ICA ) and in particular, the federal government s application of the net benefit test and when national security considerations might apply. This includes a discussion of the changes to the ICA rules announced on December 7, 2012, and the application of these rules to state-owned enterprises with reference to recent decisions regarding two high profile transactions (CNOOC/Nexen and PETRONAS/Progress).

6 PAPER TOPICS & SPEAKERS 11:00 am - 12:00 pm Benefits Agreements and Other Strategies for the Resolution of Project Issues with First Nations Bruce Mellett, Bennett Jones LLP Brad Gilmour, Bennett Jones LLP The issues associated with the resolution of First Nation concerns in the context of energy project development continue to evolve. Generally the proponent is ultimately faced with addressing First Nation concerns either through the regulatory process, or by entering into benefit agreements. This Paper addresses the role of Impacts and Benefits Agreements as a practical means of attempting to resolve concerns of First Nations about proposed projects, to avoid the sometimes thorny issues associated with consultation altogether. While such agreements can serve as a useful tool in addressing some of the same concerns that arise in the consultation area, they present a number of practical challenges that proponents must address including enforceability, scope, confidentiality and impact on subsequent or related approvals. While these agreements are confidential and have yet to attract significant judicial scrutiny, awareness of their potential advantages and pitfalls will assist in effectively resolving concerns where there is a willingness to address these issues among all parties. Saturday, June 22, :00 am - 10:00 am recent judicial decisions of interest to energy lawyers Patrick Burgess, Gowling Lafleur Henderson LLP Warren Foley, Gowling Lafleur Henderson LLP Bradley McFadden, Gowling Lafleur Henderson LLP This paper provides an overview of recent Canadian judicial decisions that are of interest to energy lawyers in a number of key areas including, Aboriginal law, environmental law, employment law, contract law, bankruptcy law, and property law. 10:30 am - 11:30 am recent regulatory and legislative development of interest to energy lawyers David Farmer, Borden Ladner Gervais LLP Lane Thiessen, Borden Ladner Gervais LLP This article highlights important regulatory and legislative developments of relevance to energy lawyers, including those involving electricity matters, and related jurisprudence that arose in the past year across a wide variety of energy topics from the decisions of key energy regulatory agencies. Please note that conference materials will be made available once you have registered through the online system. You will receive a link, login and password to access the 2013 papers. addresses will be provided to the data provider, Firmex, for the purpose of providing access to the data room. Hard copies will not be made available.

7 ACCOMMODATIONS A block of rooms has been set aside at special rates for attendees on a first come, first served basis. You may book electronically at The booking code is CELF. You may also call the Fairmont Jasper Park Lodge directly ( ) and make your reservation, stating that you are a member of the CELF. Room Type Rate Fairmont $ Deluxe $ Deluxe with Sitting Area $ Junior Suite Lakeview $ Junior Suite Fireplace $ Lakefront Suite $ Signature $ Please note: All hotel bookings and cancellations are the responsibility of the registrant. Cancellations or early departures require at least 72 hours prior notice. Our room block will be released on May 14, 2013 so book early to secure your accommodations.

8 GOLF TOURNAMENT On Thursday afternoon, players of all skill levels are invited to join in a Texas Scramble format golf tournament to be held on the majestic Fairmont Jasper Park Lodge Golf Course. From location and course design, to the extraordinary wildlife experience it offers players, this golf course is a jewel in the crown of Canadian golf courses. Register for the golf tournament through the seminar registration page. Be sure to include the requested information on your golfing ability. The tournament is open to all registrants and guests and we will attempt to accommodate requests for groups that wish to play together. Additional golf tee times are available for Friday and Saturday afternoon by booking directly with the Jasper Park Lodge. Space is limited. Book by May 31, As a reminder, please try to get your registration for the golf tournament in early so we can secure a shotgun start.

9 REGISTRATION Registration is limited to 120 registrants including speakers. Children are welcome at all events except the Friday evening reception and dinner. Child care and movies will be provided on Friday evening. Each registrant must be a member of the CELF, or a partner in, or an associate of, or employed by, a firm, company or organization that is a member. Please register for golf through our seminar registration page. Should you need to cancel your registration, you must notify us no later than May 31, 2013, otherwise your registration fee and golf fees will be forfeited. Substitutions are permitted. Your registration fee must be paid to guarantee your attendance. Register early to avoid disappointment. Participant Registration $ Speaker Registration $ Guest Registration $600.00* Golf $ The Seminar is an all inclusive format and the registration fee covers all Seminar sessions and meals (but does not include the golf tournament or accommodations, which are the responsibility of registrants). The registration fee for a guest covers all events other than the Seminar sessions and the golf tournament. *Please note that guest registration is a cost recovery fee only and includes all meals (breakfasts, lunches and dinners as well as host bar). GST is extra. Contact Information Kate Cheney, Seminar Coordinator or seminars@energylawfoundation.ca

10 THANK YOU To Our SPONSORS