Lexpert Special Editions

Special Edition on Energy 2018

The Lexpert Special Editions profiles selected Lexpert-ranked lawyers whose focus is in Corporate, Infrastructure, Energy and Litigation law and relevant practices. It also includes feature articles on legal aspects of Canadian business issues.

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WWW.LEXPERT.CA | 2018 | LEXPERT 29 Legge, Dion J. Norton Rose Fulbright Canada LLP (403) 267-9438 dion.legge@nortonrosefulbright.com Mr. Legge focuses on the income tax aspects of corporate reorganizations, M&A, take-overs, debt and equity financings, and the taxation of flow through vehicles. He advises on tax-planning issues related to international structures for Canadian-based multinational corporations, on investments by non-resi- dents in Canada, and on structuring cross-border M&A, divestitures and financings. Leduc, Dan J. Norton Rose Fulbright Canada LLP (613) 780-1536 dan.leduc@nortonrosefulbright.com Mr. Leduc practises primarily construction law and dispute resolution. He is frequently called upon to advise and represent owners, subcontractors, sup- pliers and builders in such front-end services as contract review, tender is- sues and general construction matters, as well as in litigation and arbitration. Langlois, Martin R. Stikeman Elliott LLP (416) 869-5672 mlanglois@stikeman.com Mr. Langlois is a partner practising corporate and securities law, and is former Co-Head of the M&A and Private Equity Groups. He focuses on do- mestic and cross-border M&A, securities and corporate finance transactions, corporate governance and other commercial matters. His industry experience ranges from technology, fintech, life sciences, financial services, mining and renewable energy. Langen, Dennis P. Stikeman Elliott LLP (403) 266-9074 dlangen@stikeman.com Mr. Langen is an energy regulatory partner in Stikeman Elliott's Calgary office. He has experience with the regulation of oil & gas facilities, power facilities, energy infrastructure, energy export/import and the economic regulation of pipelines and public utilities. He advises clients in the areas of environmen- tal, engineering, operational, Indigenous, economic and market regulation. Labeau, Pierre-Christian Norton Rose Fulbright Canada LLP (418) 640-5008 pierre-christian.labeau@nortonrosefulbright.com Mr. Labeau has vast experience in the areas of native, constitutional and administrative law, having spent almost 20 years in the service of the Government of Québec. He also advises clients across Canada concerning land claims agreements and legal and strategic issues related to mining, forestry and energy development, including the negotiation of numerous IBAs and the duty to consult. Kyte, Kevin Stikeman Elliott LLP (514) 397-3346 kkyte@stikeman.com Mr. Kyte's energy practice focuses primarily on domestic and international mergers & acquisitions and regulatory issues in business and financing trans- actions. Recent work includes: representation of a Canadian public company in its wind power projects in Québec, including joint venture agreements, review of RFP's issued by Hydro-Québec, negotiations with governmental entities and financing. LEXPERT-RANKED LAWYERS directly affected are going to be entitled to file ev- idence and cross-examine the proponent, and so forth. I think that's helpful discretion provided the panel exercises it properly." A confusing aspect of the Bill has been wording that calls for "the intersection of sex and gender with other identity factors," when assessing a project. "I'm not exactly sure how a regulator will inter- pret that requirement or how it will get applied to any particular case," says Buchinski. Keen says the writers of the legislation, in reference to this clause, don't understand that the industry already takes such matters into consideration. He cites, as an example, a project where some 500 work- ers, some 90% male, live in a work camp for, say, four years, in close vicinity to a small community. "Our clients make sure they have a world-class kitchen and recreational facilities and a gymnasi- um attached to the camp so their workers will not be incentivized to go into that local community. ose are already looked at." e major question for lawyers, of course, is whether the final legislation (it has gone through second reading and has already been presented with numerous suggested amendments), will have a negative effect on project development. e Canadian Energy Pipeline Association, as one industry proponent, certainly believes it will. "It's really hard to imagine that somebody is go- ing to propose a major new project to ensure that those resources get developed," says association President Chris Bloomer. Laura Estep, a partner in the Energy Regulatory practice group in the Calgary office of Dentons Canada LLP, says less investment "is certainly a concern. Even without these changes to legislation, we've been seeing a reduced number of projects in Alberta in the last couple of years compared to where we were a couple of years before that. is regulatory un- certainty, along with a difficult business climate, just adds more challenges to the whole situation." All parties, however, are waiting to see what the final legislation will encompass. "e devil will be in the details," says Buchinski. A critical issue, to Keen, is that whatever the final outcome, there's a clear decision-making process, not one governed by discretion. "Nobody wants to think that if they spend a billion dollars de- veloping a project and think they've followed the rules," he says, "one of the new criteria invoked at the last minute [can be] a reason to stop the proj- ect going forward." As for what possible effects a reduction in projects can have on the legal community, Keen says that if the changes are such that investment declines, "then it's less work for lawyers. ere's a real concern that if investment dries up so does the need for lawyers to help pursue new projects."

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