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Home > Our Insights > The Atlantic Link: 5 Key Questions About the Electrifying Opportunity to Connect to a New Renewable Energy Market
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The Atlantic Link: 5 Key Questions About the Electrifying Opportunity to Connect to a New Renewable Energy Market

Published:

January 13, 2017

Author(s):

  • David MacDougall
  • Michael Simms
  • Elizabeth McIsaac

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On January 11, 2017, Emera Inc. offered an electrifying opportunity for renewable energy developers to potentially access the New England Renewable Energy market: it initiated a solicitation process seeking energy it will bundle with transmission capacity on its proposed Atlantic Link transmission project to bid “clean energy” into the New England market. This new renewable energy opportunity is yet another in the wave of projects lighting up the East Coast’s renewable energy world. In December 2016, the Province of Nova Scotia released draft regulations to establish the Solar for Community Buildings Pilot Program, expected to launch in early 2017. And in October 2016, a Nova Scotia court cleared the way for the deployment of certain test tidal devices in Nova Scotia’s Minas Basin.

Things are moving quickly, so developers interested in pursuing this new opportunity must act immediately. Here are the answers to five key questions about the opportunity the Atlantic Link Project offers renewable energy developers.

  1. What’s the Atlantic Link?

It’s a subsea cable energy transmission project that Nova Scotia headquartered Emera Inc. proposes to develop to move clean energy from Atlantic Canada to New England. Emera describes the Atlantic Link Project as, “a proposed high voltage direct current (HVdc) transmission line that will deliver 900 megawatts (MW) of clean energy from Atlantic Canada directly to Massachusetts. The project will provide the Commonwealth, and the New England electricity system, long-term access to renewable energy at stable prices”.

  1. What’s the new renewable energy opportunity?

It’s expected that a significant RFP will be issued early in 2017 for the procurement of clean energy in the Commonwealth of Massachusetts. Emera has stated it intends to respond to this RFP with a two-component bid:

  • The transmission infrastructure (i.e. the “Atlantic Link”).
  • The energy that will be “bundled” with, and flow through, this transmission infrastructure.

The Atlantic Link will transmit the energy from New Brunswick to Mass., but Emera needs to procure the energy that it will transmit via the Atlantic Link – and the provision of this energy represents opportunities for renewable energy developers and new clean energy projects in Atlantic Canada. To satisfy the need for this energy, on January 11, 2017, Emera issued a “notice of energy solicitation” to parties “willing to offer energy for purposes of establishing a bundled offer into the Massachusetts RFP”.

  1. What’s “clean energy”?

The Mass. RFP will seek “clean energy generation”. The Mass. law mandating the RFP (“An act to promote energy diversity”) requires distribution companies to “jointly and competitively solicit proposals for clean energy generation”, defined to include certain types of:

  • Hydroelectric generation.
  • Solar photovoltaic or solar thermal electric energy.
  • Wind energy.
  • Ocean thermal, wave or tidal energy.
  • Fuel cells utilizing renewable fuels.
  • Landfill gas.
  • Low emission advanced biomass power.
  • Marine or hydrokinetic energy.
  • Geothermal energy.
  1. How will Emera select the successful proponent?

Emera’s project website sets out the considerations it will apply to evaluate and rank the energy proposals:

  • Offered price for sale of energy.
  • Evaluated cost of transportation of energy to the Atlantic Link terminus in New Brunswick.
  • Cost to firm the energy offered.
  • Maximization of the utilization of the transmission capability of the Atlantic Link.
  • Firmness of energy.
  • Energy source and resource mix.
  • The proponent’s capacity to deliver the energy offer.
  • Financial capability and relevant experience.
  • The proponent’s plans for community engagement and environmental approval plan.
  • The likelihood of successful execution of an Indigenous People’s declaration and plan.

Emera has retained a third party, Power Advisory LLC, as an independent administrator of its solicitation process.

  1. What must a clean energy developer do to respond to Emera’s proposal process?

Clean energy developers that want to produce clean energy to be “bundled” with the Atlantic Link must take a number of steps –  and things are moving quickly, so developers interested in pursuing this opportunity must act immediately:

  • Technically, they must complete all the steps by the deadlines that Emera has established as set out in a calendar on its website. Most pressing is the requirement to register for Emera’s solicitation and provide an executed Mutual Confidentiality Agreement by January 20, 2017. A conference for clean energy developers interested in participating in the solicitation, presumably limited to those that have registered, will follow on January 25, 2017.
  • Practically, interested developers will need to fully understand, from a legal, financial and technical perspective, the requirements of Emera’s solicitation and how they wish to respond to it. For example, Emera notes financial capability as an evaluation criteria; to demonstrate this, a proponent will likely need to show how it intends to finance its project, and some progress to date. Emera also notes the likelihood of successful execution of an Indigenous People’s declaration and plan as an evaluation criteria; to demonstrate this, a proponent will likely need to understand what such a declaration requires – and how to achieve it. A successful proponent will be required to execute several, potentially complex, agreements (for example, a Power Purchase Agreement).

Please contact Michael Simms or David MacDougall of the Renewable Energy Team @ McInnes Cooper to discuss this topic or any other legal issue.


McInnes Cooper has prepared this document for information only; it is not intended to be legal advice. You should consult McInnes Cooper about your unique circumstances before acting on this information. McInnes Cooper excludes all liability for anything contained in this document and any use you make of it.

© McInnes Cooper, 2017. All rights reserved. McInnes Cooper owns the copyright in this document. You may reproduce and distribute this document in its entirety as long as you do not alter the form or the content and you give McInnes Cooper credit for it. You must obtain McInnes Cooper’s consent for any other form of reproduction or distribution. Email us at [email protected] to request our consent.

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  • Cyber Security: A 5-Step Data Breach Risk Mitigation Plan for Corporate Boards & Directors

    Feb 24, 2017

    This publication has been updated as at January 12, 2023. Many organization (66%) store the personal information of customers. employees,…

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  • The Atlantic Immigration Pilot Program (AIPP): 5 Key Opportunities & Risks for Employers

    Feb 22, 2017

    On January 1, 2022, the Atlantic Immigration Pilot Program became the permanent Atlantic Immigration Program (AIP). Learn more at From Pilot to…

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  • Confidentiality Risks of Doing Business With the Public Sector Just Got Riskier: Completed NS Access to Information Requests Go Online

    Jan 25, 2017

    Doing business with the public sector creates an often overlooked – but very real – risk that the confidential information a business…

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  • The Top Three Atlantic Canada Offshore Legal Developments of 2016

    Dec 20, 2016

    As 2016 draws to a close, Oil & Gas Team @ McInnes Cooper offers its picks for the top three legal developments of 2016 that impacted the…

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  • Time to Shine: Nova Scotia to Launch Solar Energy Pilot Program in 2017

    Dec 15, 2016

    On December 13, 2016, the Province of Nova Scotia released for comment draft regulations that will establish the Solar for Community Buildings…

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  • 10 Steps to Anticipate Citizens’ Challenges to New Developments

    Dec 7, 2016

    Recently, the Nova Scotia Supreme Court denied a motion for a temporary stay of proceedings to prevent the deployment of certain tidal devices…

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  • Supreme Court of Canada Warns Judgment Creditors: Implied Consent is Enough to Disclose Discharge Statement in Royal Bank of Canada v. Trang

    Nov 22, 2016

    On November 17, 2016 the Supreme Court of Canada decided a mortgagee has the mortgagor’s implied consent to disclose its discharge statement…

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  • Public & operator interests in offshore petroleum resources data: Where will the balance be struck? in Geophysical Service Incorporated (GSI) v. Encana Corporation

    Nov 9, 2016

    The balance between the public’s interest in accessing offshore petroleum resources data and operators’ commercial interests is at the heart…

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  • Founders Shareholders’ Agreement: Key Considerations, Terms & Complementary Agreements

    Oct 21, 2016

    All shareholders – whether in a startup, a small or large business or a family-owned business – can benefit from a shareholders’…

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  • Protect Your Assets: An Intellectual Property (IP) Primer

    Oct 19, 2016

    This publication has been updated as at January 17, 2023. For many businesses, large and small, their “Intellectual Property” (IP) is one…

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  • 3 Key Employment Law Steps to Take Now to Help You Sell Later

    Oct 19, 2016

    Business owners wear many hats – including employer. Your employees may be your business’s greatest asset, but they could also be your…

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  • Supreme Court of Canada Decides Indian Bands Assessing Leased Reserve Lands for Property Tax Purposes Can’t Have it Both Ways in Musqueam Indian Band v. Musqueam Indian Band (Board of Review)

    Sep 12, 2016

    On September 9, 2016, the Supreme Court of Canada decided in Musqueam Indian Band v. Musqueam Indian Band (Board of Review) that an Indian band…

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  • Deciding Between Federal & Provincial Incorporation: 5 Key Considerations

    Aug 9, 2016

    This publication has been updated as at January 27, 2023. A key legal decision in starting or growing your business is choosing the…

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  • DFO Decides “Last In, First Out” Policy (LIFO) is Out

    Jul 7, 2016

    On July 6, 2016, the Federal Department of Fisheries and Ocean’s (DFO) accepted the Ministerial Advisory Panel (MAP) recommendation in the…

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  • Weigh Now or Weight Later: New Cargo Container Verified Gross Mass (VGM) Rules Effective July 1, 2016

    Jun 20, 2016

    As of July 1, 2016, packed cargo containers to which the International Convention for the Safety of Life at Sea (SOLAS), Chapter VI, Regulation…

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  • The Parameters of Municipal Power: Supreme Court of Canada Decides Municipality Can’t Block Radiocommunication Tower Construction

    Jun 17, 2016

    In its June 16, 2016 decision in Rogers Communications Inc. v. Châteauguay (City), the Supreme Court of Canada decided a municipality’s…

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  • FAQs About AMPs (Administrative Monetary Penalties) in the Canadian Offshore

    Jun 10, 2016

    Administrative monetary penalties, or “AMPs”, are a new phenomenon in the Canadian offshore. AMPs were introduced to the Newfoundland &…

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  • Assertion of Aboriginal Right Does Not Automatically Confer Eligibility to Appeal a Regulatory Approval

    Jun 6, 2016

    On June 2, 2016, the Supreme Court of Canada denied an Alberta First Nation’s request to appeal the Court of Appeal’s dismissal of its bid…

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  • The East Coast Duty to Consult Indigenous Peoples

    Jun 6, 2016

    Each Provincial government is under the legal duty to consult; the manner in which each carries out its legal duty to consult differs depending…

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  • From Startup to Exit: 5 Key Stages of the Financing Lifecycle

    May 10, 2016

    This publication has been updated as at April 18, 2022. Access to sufficient capital is always a business issue, from the startup stage right…

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  • The Legal Defence of Due Diligence: Top 5 FAQs

    May 2, 2016

    “Due diligence” is a legal defence to many charges under occupational health and safety (OHS) laws. Here are five of the most…

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  • The New Nova Scotia Mineral Resources Act: The Good, The Risky & The Neutral

    Apr 21, 2016

    On April 15, 2016, Bill No. 149, The Mineral Resources Act (2016) (2016 Act), passed its second reading in the NS House of Assembly. Although…

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  • Supreme Court of Canada Decides Federal Government Has Legislative Authority Over Métis & Non-Status Indians

    Apr 19, 2016

    On April 14, 2016, the Supreme Court of Canada decided that Métis and “non-status Indians” are “Indians” under section 91(24) of the…

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  • Doing Business With the Public Sector: Key Confidentiality Risks & 3 Risk Management Strategies

    Mar 24, 2016

    When a business responds to a public sector Request for Proposal or Expression of Interest (both of which we’ll refer to as an RFP for these…

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  • Construction Project Manager Sentenced to 3½ Years for Workplace Accident in R. v. Vadim Kazenelson (aka “Metron”)

    Mar 9, 2016

    In what appears to be the first case of the conviction of a front line supervisor under section 217.1 of the Criminal Code and sentencing to a…

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  • Energy Safety and Security Act (ESSA): 7 Key Changes Toughen Up Atlantic Offshore and North Oil & Gas Regulatory Regime

    Feb 15, 2016

    On February 26, 2016, the bulk of the offshore-related amendments of the Energy Safety and Security Act (ESSA, formerly known as Bill C-22) take…

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  • NB Kicks-off First Request for Expressions of Interest from Aboriginal Businesses Under New Electricity from Renewable Resources Regulation

    Feb 1, 2016

    On January 29, 2016, the New Brunswick Power Corporation (NB Power) kicked-off compliance with its obligations under the new Electricity from…

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  • Doe 464533 v. D.: Business Implications of the Civil Privacy Claim for “Public Disclosure of Private Facts”

    Jan 27, 2016

    On January 21, 2016, the Ontario Superior Court of Justice dramatically expanded the scope of legal privacy protection – and the liability…

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    On January 14, 2016, the Ontario Superior Court decided that Canadians have a clear privacy interest in their records of their cellular…

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  • Offshore Oil and Gas Decommissioning Best Practices

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    A practical and current guide created to help you navigate the increasingly important issues surrounding offshore decommissioning and…

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  • New Kid on the Block: Crowdfunding Joins Traditional Equity-Based Funding Options for Startups & SMEs

    Oct 19, 2015

    Access to sufficient capital to fund operations, research and development, and other costs is a key challenge for start-ups and for some small…

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  • Canada’s Anti-Spam Legislation (CASL): The Top 3 Lessons Businesses Can Learn from Year 1

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  • University of Calgary, The School of Public Policy Research Paper – Canada, The Law of the Sea Treaty and International Payments: Where Will the Money Come From?

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    The United Nations Convention on the Law of the Sea requires parties, of which Canada is one, to make payments in respect of oil production on…

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  • The Changing Face of Aboriginal Law: 1 Short Year, 2 Big Court Decisions, 3 Key Implications for the Energy & Natural Resources Sector

    Jul 17, 2015

    On the heels of National Aboriginal Day, we pause to take a look back at two significant Aboriginal law cases decided in the last year, how…

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  • Unproven Aboriginal Rights Enough For Lawsuit Against Private Industry

    Jul 10, 2015

    On April 15, 2015, British Columbia’s Court of Appeal confirmed that First Nations can make certain legal claims grounded in Aboriginal rights…

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  • 3 Reasons for Directors, Officers and Supervisors To Take Occupational Health and Safety Personally

    Jun 25, 2015

    Most people know that a company itself has OHS obligations, and that it risks corporate liability if it violates those obligations. However, not…

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  • The New NS Missing Persons Act: 5 Privacy Implications for Businesses, Organizations & Public Bodies

    Jun 2, 2015

    Effective April 22, 2015 the NS Government enacted the NS Missing Persons Act, lowering the threshold for police to get an order to access…

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  • The Export/Import Journey: 3 Key Ways Choosing a Free Trade Agreement Country Can Simplify the Trip

    Apr 2, 2015

    The market for the sale and the supply of goods is a global one for many businesses in today’s economy. Both exporting goods from Canada and…

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  • Wait a Minute Mr. Postman … 3 Lessons Health Canada’s Privacy Breach Delivers to the Private Sector

    Mar 25, 2015

    On March 3, 2015 Canada’s Privacy Commissioner determined that Health Canada breached privacy laws by mailing letters to over 40,000 Marihuana…

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  • No Messing Around – $1.1M First Penalty for Canada’s Anti-Spam Legislation (CASL) Violations by Compu-Finder

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    On March 5, 2015, the Canadian Radio and Television Commission (the CRTC, the main agency charged with administering and enforcing most of CASL)…

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  • Changes to Canada’s Trademarks Law: The Good, The Bad & The Ugly

    Jan 26, 2015

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  • Privacy in Basic Cell Phones: SCC Continues Trend of Privacy Protection in R. v. Fearon

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    On December 11, 2014 the Supreme Court of Canada continued its trend to recognize privacy rights – and develop the law to protect them –…

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  • Canada’s Anti-Spam Legislation (CASL) Software Installation Sections: 10 FAQs

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    On January 15, 2015, the software provisions of Canada’s Anti-Spam Legislation (CASL) will take effect.  CASL’s anti-spam sections, touted…

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    Publication
  • 5 “Legal” Reasons Why Natural Resource Companies Should Care About Corporate Social Responsibility (CSR)

    Dec 10, 2014

    “Corporate Social Responsibility” (CSR) as a concept has been floating around in business-speak for years – but stakeholders in the mining…

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  • Complying with Canada’s Anti-Spam Legislation (CASL): A blueprint for the construction industry

    Dec 1, 2014

    The construction industry - project owners, contractors, subcontractors and trades - might be relaxing, ignoring the hype around Canada’s…

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  • Complying With Canada’s Anti-Spam Legislation (CASL): Protecting Directors & Officers from Personal Liability

    Oct 14, 2014

    CASL’s anti-spam sections came into force on July 1, 2014. Every organization that CASL affects should now be complying with it – and their…

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    Publication
  • Complying With Canada’s Anti-Spam Law (CASL) – Foreign Organizations Doing Business in Canada Need to Pay Attention

    Aug 1, 2014

    Most Canadians have heard about Canada’s Anti-Spam Legislation (CASL): we’ve been bombarded with “CASL Compliant” emails asking us to…

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  • SCC Sets Test for – and Defines Rights of – Aboriginal Title in Canada

    Jun 26, 2014

    On June 26, 2014, in its groundbreaking decision on Aboriginal title in Read the SCC’s decision in Tsilhqot’in Nation v. B.C., 2014 SCC 44,…

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  • SCC Protects Internet Users’ Expectation of Privacy In Online Activities in R. v. Spencer

    Jun 16, 2014

    On June 13, 2014 the Supreme Court of Canada decided that Canadians have a reasonable expectation of privacy in their online activities, and…

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  • Counting Down to Canada’s Anti-Spam Legislation (CASL) – The Last Minute Guide to Preparing For CASL

    Jun 12, 2014

    The countdown to CASL is almost over: there are only 13 business days until the anti-spam provisions of CASL – and most of the penalties for…

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  • Joining the Crowd – NS & NB Consider Crowdfunding

    Jun 11, 2014

    Note: For an update on Crowdfunding, read: New Kid on the Block – Crowdfunding Joins Traditional Equity-Based Funding Options for Start-ups…

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  • Counting Down to Canada’s Anti-Spam Legislation (CASL) –10 Steps to Prepare for CASL

    May 8, 2014

    On July 1, 2014 – less than two months from now - the anti-spam sections of Canada’s Anti-Spam Legislation (CASL) take effect. Individuals…

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  • Counting Down to Canada’s Anti-Spam Legislation (CASL) – Does CASL Make You A “Spammer”?

    Apr 15, 2014

    The countdown to CASL is on: on July 1, 2014, the anti-spam sections of Canada’s Anti-Spam Legislation (“CASL”) take effect. Individuals…

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  • Counting Down to Canada’s Anti-Spam Legislation (CASL): 10 Reasons Why You Should Care About The Upcoming CASL Right Now

    Feb 28, 2014

    On July 1, 2014, the anti-spam sections of Canada’s Anti-Spam Legislation (aka “CASL”) will take effect. CASL is: Broad. It applies…

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  • Counting Down to Canada’s Anti-Spam Legislation (CASL) – What You Need to Know Now

    Feb 28, 2014

    On July 1, 2014, the anti-spam sections of Canada’s Anti-Spam Legislation (aka “CASL”) take effect. CASL will apply to just about every…

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  • Legal Update: The Duty to Consult – Important Lessons from Canada’s Mining Sector

    Mar 15, 2013

    Recent developments in Ontario and Yukon are an important reminder of the practical implications of the Crown’s legal Duty to Consult with…

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