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 changes 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.
Regulatory Proceedings
We have successfully represented our clients in major regulatory proceedings before federal and provincial agencies, including the Canada Energy Regulator, the Impact Assessment Agency of Canada, the Alberta Energy Regulator, 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 Mackenzie Valley Environmental Impact Review Board, the Mackenzie Valley Land and Water Board, the Manitoba Public Utilities Board and other regulatory authorities, as well as federal-provincial joint review panels. 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 and liquefied natural gas (LNG) facilities to wind farms and oil and gas pipelines, Blakes has the in-depth experience that allows for a proactive, coordinated 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 continue to operate in accordance with approvals once granted and 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 provide advice on the relevant regulatory regimes, 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.
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ABO Wind Canada Ltd. on its applications to the Alberta Utilities Commission for the 514.6 MW Buffalo Plains wind farm project, the largest proposed wind farm in Canada.
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Copenhagen Infrastructure Partners on its applications to the Alberta Utilities Commission for the 450 MW Aira Solar project, the largest proposed solar farm in Canada.
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Berkshire Hathaway Energy Canada on its applications to the Alberta Utilities Commission for the 117 MW Rattlesnake Ridge wind project.
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Prairie Lights Power on its application to the federal Impact Assessment Agency regarding a 360 MW natural-gas-fired power plant. This was the first application to the agency for a power plant.
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Elemental Energy Renewables Inc. on its applications to the Alberta Utilities Commission for the 26 MW Brooks Solar II solar project, the 20.1 MW East Strathmore solar project, the 150 MW Foothills solar plant and the 18.5 MW High River solar project.
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A consortium of power generation companies (BluEarth Renewables Inc., Canadian Solar Solutions; Irricana Power Generation; Elemental Energy Renewables Inc.; Siemens Energy Canada, and RWE Canada Ltd., a subsidiary of RWE AG) on various AESO and FortisAlberta tariff matters, including numerous regulatory proceedings before the Alberta Utilities Commission.
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Suncor Energy Inc. on its participation in the British Columbia Utilities Commission Inquiry into gasoline and diesel prices in British Columbia and related matters regarding the Fuel Price Transparency Act, which requires companies in the fuel industry to report information and data with the objective of promoting market competitiveness and public confidence in the competitiveness of the market.
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Public Sector Pension Investment Board and the Alberta Teachers' Retirement Fund Board on their C$1.7-billion acquisition of AltaGas Canada Inc., including applications before the Alberta Utilities Commission and British Columbia Utilities Commission.
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Energy Capital Partners on the purchase of generation assets and related applications before the Alberta Utilities Commission and the British Columbia Utilities Commission.
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PKM Canada North 40 Limited Partnership (Pembina) in its dispute with CNOOC Marketing Canada before the Canada Energy Regulator regarding access to certain federally regulated oil storage facilities that are part of the Trans Mountain Pipeline ULC pipeline system.
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Suncor Energy Inc. in its intervention before the Canada Energy Regulator regarding an application by Enbridge seeking approval to convert its mainline to contract carriage.
Blakes and our lawyers are recognized as energy leaders in the most recent editions of the following publications:
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Chambers Canada: Canada’s Leading Lawyers for Business – Thanks to the recognition of our clients and peers, Blakes has been named 2024 Projects & Energy Law Firm of the Year.
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Chambers Canada ranks Blakes in Band 1, its top tier, for Energy: Oil & Gas nationwide in Canada. Client comments include: “Blakes provide a superb client service and have incredibly high-skilled lawyers” and “Blakes has a very strong team with strong expertise.”
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Chambers Global: The World’s Leading Lawyers for Business – Blakes and members of our Energy & Energy Infrastructure group have been recognized for their expertise in energy law since 2003. Client comments include: “They stand out for the depth of partners who are active participants in the field. They are at the forefront of cutting-edge work” and “We model our group on Blakes — they are extremely entrepreneurial and extremely outward-focused.”
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The Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada – Since 2002, our energy lawyers have been recognized as top-tier legal practitioners.
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The Canadian Legal Lexpert Directory – Blakes and our lawyers are consistently selected as leaders in energy law by their peers.
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The Best Lawyers in Canada – Our energy lawyers have been consistently ranked as leaders in their field since the inaugural edition published in 2006.
