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Greg M. Johnson

Energy Industry Corporate Tax, Reorganization, M&A and Private Equity Lawyer at Bennett Jones Calgary

Partner

Wesley R. Novotny

Corporate Tax Lawyer at Bennett Jones Calgary

Brendan Sigalet

Tax Lawyer at Bennett Jones Calgary

Associate

Part II focuses on the practical application of the Clean Technology, Clean Hydrogen, Clean Technology Manufacturing and Clean Electricity ITCs—many of which were enacted in 2024 through Bill C-59 and Bill C-69. The authors also examine the soon-to-be-legislated EV supply chain ITC

Climate Change Initiatives

Climate Change Initiatives: Selected Recent Changes and the Application of Existing Tax Principles to Clean Energy—Part 2

Brendan Sigalet spoke at the Canadian Bar Association Alberta Environmental Law South Section's Clean Incentives: Understanding the Investment Tax Credit Landscape in Canada program on May 5, 2025.

Brendan Sigalet on Clean Investment Tax Credits at CBA Alberta Environmental Law Event

Brendan Sigalet on Clean Investment Tax Credits

Brendan Sigalet was a featured speaker at the C.D. Howe Institute’s Energy Policy Council on What Should Be the Top Energy Taxation Priorities for a New Government? His presentation explored the current state of Clean Economy Investment Tax Credits (ITCs) in Canada and proposed practical paths for improvement.

What Should Be the Top Energy Taxation Priorities for a New Government

What Should Be the Top Energy Taxation Priorities for a New Government?

Wade Ritchie

On January 8, 2025, Wade Ritchie and Brendan Sigalet were invited by the Tax Court of Canada to present on the fundamentals of oil & gas taxation to an audience of the Court's law clerks. Members of the <a href="/sitecore/service/notfound.aspx?item=core%3a%7b10C8F0AA-E6E9-4237-93D8-8209B8C1CC24%7d%40en" target="_self">Bennett Jones Tax group</a>, Wade and Brendan explored crucial insights into this specialized area of tax law.

Fundamentals of Oil and Gas Taxation 2025

Fundamentals of Oil & Gas Taxation

Lorelei Graham

Food and Agribusiness Lawyer, IP Lawyer, Litigation Lawyer at Bennett Jones Toronto

Across the Atlantic, the European Union (EU) and its member states have also been encouraging climate-resilient agri-tech innovation, but their approach to intellectual property incentives has been a bit different. The European Union has set ambitious climate goals (like achieving climate neutrality by 2050) and launched the European Green Deal, a broad policy agenda to support sustainable technologies. While funding and regulations (such as support for sustainable farming practices) are big parts of the EU strategy, there is also recognition that IP rights play an important role in fostering innovation. However, unlike Canada or the recent US pilot program, Europe has not implemented a unified “green channel” for patent examination at the European Patent Office.

Fast Tracks and Green Gaps Part III

Fast Tracks and Green Gaps Part III: Green Without the Label: Europe's Pragmatic IP Approach to Agri-Tech Innovation

Steven L. Major KC

Commercial Dispute, Construction, Fraud, Police and Personal Injury Lawyer at Bennett Jones Calgary

Drew C. Broughton

Corporate Commercial and M&A Lawyer at Bennett Jones Calgary

Kevin Myson

Corporate, Commercial Transaction, Energy, Natural Resource and M&A Lawyer at Bennett Jones Calgary

Canada is navigating a "wild frontier" in the energy industry, with a unique opportunity to forge successful and sustainable partnerships both domestically and internationally. This was the rallying call at the Energy Business Forum during the 74th Canadian Energy Executive Association (CEEA) conference in Banff, Alberta, where industry leaders gathered to share visions for the future of Canada's energy landscape.

Key Takeaways From the Wild Frontier Energy Business Forum CEEA 74

Key Takeaways From the "Wild Frontier" Energy Business Forum at CEEA '74

Melanie Teetaert

Commercial Litigation Lawyer at Bennett Jones Vancouver

Jennifer (Jenn) K. Choi

Maruska Giacchetto

This article examines the Ontario Court of Appeal's decision in J.P. Thomson Architects Ltd. v Greater Essex County District School Board, 2025 ONCA 378, which provides critical clarification on the interpretation of multi-step dispute resolution (MSDR) clauses. MSDR clauses, commonly used in commercial contracts, outline escalating steps such as negotiation, mediation, and arbitration to resolve disputes. The Court addressed ambiguities in the drafting of MSDR timelines, emphasizing that specified timeframes should be interpreted as minimum waiting periods rather than strict deadlines. The decision overturned a lower court ruling that barred a party from arbitration due to a perceived failure to meet a 30-day mediation request deadline. This article highlights the importance of precise drafting in MSDR clauses, discusses the implications of the Court's decision, and provides practical guidance for parties drafting or negotiating dispute resolution provisions in commercial agreements.

Do you need to rush to mediate - Ontario Court of Appeal

Do You Need to Rush to Mediate? Ontario Court of Appeal Clarifies Interpretation of Multi-Step Dispute Resolution Clause

The United States has long been a major player in both agri-tech innovation and the intellectual property (IP) landscape. In the past, the United States Patent and Trademark Office (USPTO) offered its own version of a green patent fast-track to encourage climate-friendly inventions. Notably, in 2009 to 2011 the USPTO ran a Green Technology Pilot Program that prioritized examination for certain eco-friendly patents. The pilot ended in 2012, but more recently the USPTO brought back the idea in June 2022, with the Climate Change Mitigation Pilot Program, which was essentially an accelerated examination program for patent applications directed to fight climate change. Under this program, inventions designed to reduce or monitor greenhouse gas emissions, including many clean energy, sustainability or climate-smart agriculture innovations, could be examined out of turn. Importantly, like Canada’s program, the US pilot did not charge the usual petition fee for expediting. The goal was to spur green tech by making it faster and cheaper to secure IP rights.

Fast Tracks and Green Gaps Part II

Fast Tracks and Green Gaps Part II: Innovation Interrupted: What the End of the USPTO's Green Program Means for Agri-Tech

Climate change is driving a surge in agricultural technology (agri-tech) innovations aimed at making farming more resilient and sustainable. From drought-resistant crops to carbon-capturing soil techniques, these climate-focused agri-tech solutions are crucial for global food security. An often-overlooked piece of this puzzle is intellectual property (IP) strategy, namely how patents and other IP rights are used to protect and incentivize innovation.

Fast Tracks and Green Gaps Part I

Fast Tracks and Green Gaps Part I: Planting the Future: Why Canada's IP System May Be the Climate Innovation Sleeper Hit

What Should Be the Top Energy Taxation Priorities for a New Government?

Authors