Energy

Heenan Blaikie’s Energy group provides a broad range of legal services to the various actors in Canada’s energy sector, involved in all forms of energy production, including:

• oil and gas (natural gas and LNG)
• nuclear energy
• electric power
• wind
• solar
• biomass
• micro-hydro
• geothermal
• photovoltaic
• ocean thermal energy
• wave

Services Overview

  We provide energy advice in connection with:

• Financing and structuring energy projects, including infrastructure and public-private partnerships designed to develop energy efficiency and fund green energy projects
• Climate, cleantech and sustainability, including greenhouse gas (GHG) emission reductions, cap-and-trade systems, green building, project developments under international climate change protocols and national legislation, exploitation of cleantech markets, strategic sustainability challenges (ex.: access to clean water; adequate sanitation; access to electricity)
• First Nations and Aboriginal relations, which include representing governments in negotiations with First Nations and Native communities on rights and claims associated with energy projects; involving Native communities in infrastructure projects on traditional lands; complying with the government’s constitutional duty to consult and, if appropriate, accommodate First Nations regarding land and natural resources decisions
• Government relations, such as monitoring, analyzing and reporting on provincial and federal energy legislation (ex.: Canadian Environmental Assessment Act, National Energy Board Act, Ontario’s Energy Efficiency Act); planning and attending meetings with government officials concerning energy laws and projects; representing clients at parliamentary committee and agency hearings; helping secure government funding for energy projects; drafting energy laws and regulations; obtaining permits and regulatory authorizations
• A wide range of issues concerning the environment, including water and air quality, waste management, biodiversity, global warming issues, workplace safety and health, brownfield redevelopment, environmental assessments, transportation of hazardous substances
• Drafting and negotiating domestic and international industry agreements, including joint venture and partnership agreements, operating agreements, marketing and transportation agreements, production sharing and concession agreements, and asset sale agreements
• Various types of facilities agreements including construction, acquisition of real property, ownership and operating agreements, farmouts, carried interest and other forms of industry risk sharing agreements
• Complex or emerging energy issues, such as those relating to coalbed methane, gas storage, natural gas liquids extraction and cogeneration facilities
• Representing federal and provincial governments and boards, including the National Energy Board, the Ontario Energy Board, Quebec’s Régie de l’énergie and the British Columbia Utilities Commission
• Corporate and commercial issues – structuring, negotiating, drafting and interpreting commercial contracts pertaining to various forms of transactions, such as mergers and acquisitions, company restructurings, cogeneration plant construction, energy supply agreements, intellectual property licenses, power purchases and marketing arrangements
• Litigation involving power purchase agreement disputes, class action claims, government contracts litigation, whistleblower litigation, corporate investigations, nuclear power plant construction, renewable energy litigation
• International business issues, including international project finance, cross-border mergers and acquisitions, international energy projects, foreign investment, trade sanctions, export controls, alternative energy resources, energy policy and security, international intellectual property and licensing

Heenan Blaikie’s energy lawyers offer practical, results-driven legal assistance derived from extensive private practice and in-house experience. The strength of our Energy group also lies in the provision of an integrated service for energy clients that draws upon our related practice areas, such as environmental law, tax, securities and mergers and acquisitions, and litigation.

Organizational Involvement

 Many of our lawyers belong to various energy associations and organizations, including:

• The Canadian Petroleum Law Foundation
• Society, Environment and Energy Development Studies (SEEDS)
• Association of International Petroleum Negotiators
• National Round Table on the Environment and the Economy
• The Canadian Association of Oilwell Drilling Contractors
• National Brownfield Association
• Small Explorers and Producers Association of Canada