OVERVIEW & EXPERTISE

 

The energy industry is one of the most heavily regulated in Canada. Blakes offers a robust understanding of the fluid business environment, current regulatory schemes and dynamic change faced by businesses in the sector, enabling us to help clients maximize their opportunities in high-risk/high-reward settings. Blakes Energy Regulatory lawyers have the advocacy skills, technical knowledge and detailed understanding of regulatory regimes that allow us to provide practical and strategic legal and business advice to our clients pursuing physical projects or engaged in rate-making proceedings.

We have successfully represented our clients in major regulatory proceedings before federal and provincial agencies, including the National Energy Board, the Canadian Environmental Assessment Agency, the Alberta Energy Resources Conservation Board, the Alberta Utilities Commission, the Alberta Environmental Appeals Board, the Alberta Surface Rights Board, the British Columbia Environmental Appeal Board, the British Columbia Oil and Gas Commission, the British Columbia Utilities Commission, the British Columbia Environmental Assessment Office, the Ontario Energy Board, the Ontario Municipal Board, the Public Utilities Board of the Northwest Territories, the Manitoba Public Utilities Board, and other regulatory authorities. We have appeared before all levels of courts and have been involved in numerous mediations and arbitrations.

Physical Projects

Blakes has comprehensive expertise assisting our clients in obtaining the approvals necessary to construct and operate a wide variety of energy facilities. From power transmission lines to liquefied natural gas facilities to wind farms to oil and gas pipelines, Blakes has the in-depth experience that allows for a proactive, co-ordinated and highly successful approach to the approvals process. This experience includes consultation with aboriginal and other interested parties and the successful resolution of constitutional issues.

Our breadth of knowledge also allows us to help our clients to continue to operate in accordance with those approvals once granted and to quickly and effectively respond to issues if they should arise.

Our team also has far-reaching experience with the regulatory aspects of commercial transactions, such as asset and share sales. As part of these transactions, we review all regulatory approvals to ensure their validity and advise on how to best transfer those approvals as required by the transaction.

Economic Regulation

As competition and demand for efficient utility transportation increases, rate-making proceedings become more complex and the importance of skilled and knowledgeable counsel grows. Our team has extensive experience in all aspects of rate-making. Our success is directly attributable to our in-depth understanding of the economic principles that underpin the determination of tolls and tariffs. In addition to traditional rate-making, Blakes also has experience with performance-based rate-making and innovative responses to issues that are beginning to impact rates, such as changing markets and demand.


Representative Matters

Physical Projects:

  • Advised EnCana Corporation on obtaining a British Columbia environmental assessment certificate and various other regulatory approvals for its Horn River Basin cabin gas plant.
  • Obtained approvals for PetroPlus International B.V.'s acquisition, development and realization of the Keltic LNG project in Nova Scotia.
  • Advised Suncor Energy Inc. on an ethanol plant and provided representation with respect to regulatory proceedings.
  • Advised and represented Montana Alberta Tie Ltd. in obtaining regulatory approvals and securing land requirements for a 230 kV international merchant power line between Pincher Creek, Alberta, and Great Falls, Montana.
  • Advised Laurus Energy Inc.  in connection with development of innovative underground coal gasification and power generation development in Alberta.
  • Advised ENMAX Corp. in its joint effort with Eaton Power Corp. to create a new company (Hydromax Energy Ltd.) to develop run-of-the-river hydroelectric generation facilities in British Columbia. This project included advising on regulatory issues regarding British Columbia transmission requirements and providing advice on matters relating to consultation and accommodation requirements relating to First Nations aboriginal and treaty rights in British Columbia.
  • Advised the Municipality of Kincardine and its predecessors regarding the nuclear operations at the Bruce Power nuclear site, including as counsel at the Ontario Hydro/25-year demand-supply hearings regarding the need for new nuclear sites, counsel at Ontario Energy Board hearings regarding rates and matters relating to nuclear operations, and counsel on a wide range of issues associated with the district energy systems both on and off the Bruce Power nuclear site.

Economic Regulation:

  • Counsel to TransCanada PipeLines Limited in numerous applications for approval of tolls and tariffs,  cost of capital and facilities applications.
  • Assisted with forming the provincial policy and regulation on transmission development in Alberta,  including the development of transmission tariffs and terms and conditions of service, and advised on transmission congestion management and performance-based regulation.
  • Negotiated precedent-setting multi-party settlements and tariff-based commercial agreements,  including construction commitment agreements to interconnect new customers.
 

 INDUSTRY RECOGNITION

 
Members of the Energy Regulatory group are recognized as leaders in the following publications:
 
The Best Lawyers in Canada 2013 – Since 2008, Blakes lawyers have been listed in the area of Energy Regulatory Law. Four of our lawyers are listed in the current edition.

Chambers Global: The World's Leading Lawyers for Business 2012 – Two Blakes lawyers are recognized as leading experts in the area of Energy: Oil & Gas (Regulatory). Sources describe one lawyer as"an outstanding strategist" and the other as "exceptional in his strategic and tactical approach to regulatory matters."
 

 PEOPLE

 
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Associate | Calgary
Calgary: 403-260-9645
Areas of Expertise: Environmental, Energy Regulatory, Capital Markets
Partner | Calgary
Calgary: 403-260-9768
Areas of Expertise: Energy Regulatory, Environmental Assessment & Approvals, Oil & Gas, Pipeline & Midstream, Mining, Power, Environmental, Mining Streaming & Royalties, Oil Sands, Transportation, LNG, Downstream & Marketing, Aboriginal
Associate | Vancouver
Vancouver: 604-631-4601
Areas of Expertise: Environmental Assessment & Approvals, Environmental Litigation & Enforcement, Oil & Gas, Energy Regulatory, Mining, Environmental, Aboriginal, Environmental
Associate | Calgary
Calgary: 403-260-9609
Areas of Expertise: Energy, Mergers & Acquisitions, Energy Regulatory, Corporate & Commercial, Renewables (Wind, Solar, Hydro & CleanTech), Europe, Power
Associate | Calgary
Calgary: 403-260-9618
Areas of Expertise: Energy Regulatory, Environmental, Communications
Associate | Calgary
Calgary: 403-260-9742
Areas of Expertise: Energy Regulatory, Environmental, Litigation & Dispute Resolution, Aboriginal
Partner | Calgary
Calgary: 403-260-9633
Areas of Expertise: Energy Regulatory, Climate Change, Environmental Assessment & Approvals, Pipeline & Midstream, Power, Mining Law, Mining Lending, Mining Streaming & Royalties, Transportation, LNG, Aboriginal, Environmental
Partner | Calgary
Calgary: 403-260-9799
Areas of Expertise: Energy, Energy Regulatory, Environmental, Litigation & Dispute Resolution, Power, Aboriginal
Counsel | Toronto
Toronto: 416-863-3077
Areas of Expertise: Environmental, Brownfields Redevelopment, Chemical & Waste Regulation, Climate Change, Environmental Litigation & Enforcement, Energy Litigation, Energy Regulatory, Renewables (Wind, Solar, Hydro & CleanTech)
Counsel | Vancouver
Vancouver: 604-631-3354
Areas of Expertise: Chemical & Waste Regulation, Environmental Assessment & Approvals, Environmental Litigation & Enforcement, Litigation & Dispute Resolution, Energy Regulatory, Forestry, Oil & Gas, Power, Manufacturing, Brownfields Redevelopment, Mining, Mining Lending, Mining Streaming & Royalties, LNG
Partner | Toronto
Toronto: 416-863-4178
Areas of Expertise: Energy Regulatory, Renewables (Wind, Solar, Hydro & CleanTech), Litigation & Dispute Resolution, Transmission & Distribution, Government & Public Sector
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