Dan Jankovic, Calgary

About Dan

He practises corporate income tax law and advises on domestic and international tax planning matters, with a particular focus on M&A, corporate reorganizations, financings, debt restructurings, resource taxation, "clean energy" investment tax credits, and investments by private equity and pension funds. He also advises international clients looking to invest, commence or acquire business operations in Canada, especially in the oil and gas, renewables and emerging energy, technology, infrastructure and service industry sectors. He has also provided structuring advice in respect of numerous complex and customized joint venture and partnership arrangements.

Select Experience

Examples of recent significant transactions include advising:

TC Energy Corporation in respect of the spinoff of its liquids pipelines business into South Bow Corporation, thereby completing its separation into two independent, publicly listed companies
Pembina Pipeline Corporation on its acquisition of Enbridge Inc.’s joint-venture interests in Alliance Pipeline, Aux Sable and NRGreen for C$3.1-billion and its concurrent C$1.1-billion bought deal offering of subscription receipts
TC Energy Corporation in respect of its proposed separation into two independent, investment-grade, publicly listed companies through the spinoff of TC Energy's Liquids Pipelines business
Suncor Energy Inc. on its C$1.468-billion acquisition of TotalEnergies EP Canada Ltd., which holds a 31.23% working interest in the Fort Hills oil sands mining project
TC Energy on its sale of a 65% equity interest in the Coastal GasLink Pipeline to KKR and AIMCo
Cenovus Energy Inc. on its acquisition of warrants from Hutchinson Whampoa Europe Investments S.à r.l. and L.F. Investments S.à r.l.
Intact Financial Corporation on its inaugural offering of limited recourse capital notes
Suncor Energy Inc. on its acquisition of an additional 14.65% working interest in the Fort Hills Project from Teck Resources Limited
Imperial Oil Resources Limited and ExxonMobil Canada Ltd. on the disposition of their interest in XTO Energy Canada to Whitecap Resources for C$1.9-billion
A Canadian energy company in connection with a strategic joint venture to assess potential floating LNG projects in British Columbia
Pembina Pipeline Corporation on its $11.4-billion joint venture with KKR & Co. to merge their western Canadian natural gas processing assets
Great-West Lifeco Inc. in connection with its public offerings of C$1.5-billion principal amount of 3.60% limited recourse capital notes
Pembina Pipeline Corporation in connection with its public offering of C$600-million aggregate principal amount of hybrid notes, the first non-chartered bank hybrid debt issuance in Canada involving the use of a special purpose trust structure
Hg in connection with its acquisition of Benevity Inc. alongside General Atlantic, JMI Equity and the Benevity management team
Jupiter Resources Ltd. in its sale to Tourmaline Oil Corp.
Suncor Energy Inc. on its investment in Enerkem Inc., a Canadian biofuel technology company
TransCanada on the sale of its 62% interest in five wind farms to Innergex
Ontario Teachers' Pension Plan on the sale of its equity interest in GCT Global Container Terminals Inc. to IFM Investors (an Australian investment management company) and British Columbia Investment Management Corporation
Imperial Oil Limited on its successful settlement with the Canada Revenue Agency after filing a judicial review application
Kinder Morgan Canada on its C$4.5-billion sale of the Trans Mountain Pipeline system and expansion project to the Government of Canada
ENMAX Corporation on its US$1.3-billion acquisition of Emera Inc.'s interest in Emera Maine
Heartland Generation Ltd., an affiliate of Energy Capital Partners, on its acquisition of Canadian Utilities Ltd.'s natural-gas and coal-electricity generation interests in Alberta, British Columbia and Ontario (acted as Canadian counsel)
WestJet in connection with its C$5.0-billion acquisition by Onex Corporation
Cona Resources Ltd. and Waterous Energy Fund on their agreement to acquire Pengrowth Energy Corporation
Trinidad Drilling Ltd. on its acquisition of CanElson Drilling Inc.
Cenovus Energy Inc. on its C$17.7-billion acquisition of assets from ConocoPhillips
Suncor Energy Inc. in connection with the C$1.13-billion sale of its Petro-Canada lubricants division to HollyFrontier Corporation
Agrium Inc. in connection with a series of acquisitions related to its retail agriculture and fertilizer businesses in Alberta and Saskatchewan
Solium Capital Inc. in its acquisition of Capshare's cloud/web-based equity management platform assets

Professional Activities

Dan regularly presents and writes on domestic and international income tax issues. He has given presentations at the Canadian Tax Foundation and International Fiscal Association (Canada Chapter) conferences and at the Tax Executives Institute and Canadian Bar Association tax meetings. He has written for various publications, including Corporate Structures and Groups, Tax Litigation, International Tax Review and CCH. He is the Canadian contributor to the Bloomberg BNA Global Tax Guide and author of the Canada Chapter in Tax Planning for International Mergers, Acquisitions, Joint Ventures and Restructurings, published by Wolters Kluwer.

Dan is an active member of the Tax and Economic Affairs Committee of the Calgary Chamber of Commerce, the Canadian Tax Foundation, the International Fiscal Association, the Canadian Petroleum Tax Society, the Law Society of Alberta, the Law Society of Ontario, the Canadian Bar Association and the Calgary Bar Association. He previously sat on the board of directors of the Canadian Petroleum Tax Society.

Dan occasionally lectures at the University of Calgary Faculty of Law.

Publications

Author : Bloomberg Global Tax Guide (Canada Chapter)
Bloomberg BNA, 2018-2023.
Contributing Author : Country Report - Canada
Tax Planning for International Mergers, Acquisitions, Joint Ventures and Restructurings, Kluwer Law International B.V., Sixth Edition, 2023.
Co-author : Canada Proposes Updates to Green-Energy Tax Incentives
Blakes Bulletin on Tax, September 15, 2023.
Co-author : 2023 Federal Budget: Green-Energy Tax Incentives
Blakes Bulletin on Tax / Energy, April 5, 2023.
Co-author : Canada: Application and Interpretation of the Principal Purpose Test
International Tax Review, February 2018.

Professional Appearances

Speaker : "Clean Economy" Carrots & Sticks
Sustainable Finance Summit, Canadian Lenders Association, Toronto, Ontario, September 2024.
Speaker : Getting the Deal Done - Enhancing Outcomes Through Tax and Legal Collaboration
CPTS Presentation, Calgary, Alberta, September 2024.
Speaker : Recent Transactions of Interest
CPTS, 2023 Annual Conference, Calgary, Alberta, June 2023.
Speaker : Mandatory Disclosure Rules: Update and Select Issues
Tax Executives Institute, Inc., 55th Annual Canadian Tax Conference, Ottawa, Ontario, May 2023.
Speaker : Electric Vehicles and Gas Update
5th Annual University of Houston Law Center Denney L. Wright International Tax Conference, Houston, Texas, March 2023.
Speaker : Overview of Select Canadian Environmental Tax Initiatives
Tax Executives Institute, Inc., Calgary, Alberta, December 2022.
Speaker : Overview of Canadian Legal Considerations for US Companies Expanding into the Canadian Tech Sector
Canada-Texas Chamber of Commerce, Toronto, Ontario, June 2022.