20 LEXPERT
|
2018
|
WWW.LEXPERT.CA
Foxcroft, Simon R. Bennett Jones LLP
(780) 945-4756 foxcrofts@bennettjones.com
Mr. Foxcroft has a commercial practice focused on mining and energy proj-
ects. He draws on his experience as senior in-house counsel for Canada's
largest coal mining company to help clients during all the stages of a project,
from inception to daily operations. He also provides advice with respect
to occupational health and safety matters throughout Western Canada.
Fortin, Myriam Stikeman Elliott LLP
(514) 397-3270 mfortin@stikeman.com
Ms. Fortin heads our environmental practice in Montréal as senior counsel. She
advises clients in their dealings with both private parties and governmental au-
thorities with respect to environmental, energy and natural resources regulatory
and contractual obligations. She also acts on a wide range of corporate transac-
tional and litigation matters. She is a member of the Québec Bar.
Fedun, Wayne W. Norton Rose Fulbright Canada LLP
(403) 267-9414 wayne.fedun@nortonrosefulbright.com
Mr. Fedun has practised oil & gas law since 1992. He advises on energy industry
agreements, including joint ventures, project finance and development, facili-
ties, EPC, transportation, marketing, off-shore and projects in local and foreign
jurisdictions. This includes projects involving conventional energy, heavy oil
and oil sands, off-shore drilling and production projects.
Farber, Tamara Miller Thomson LLP
(416) 595-8520 tfarber@millerthomson.com
Ms. Farber is a national leader of the Environmental Law Group, practising
civil litigation in environmental claims and commercial transaction work
involving environmental issues. She is a recognized expert in environmental
law in peer reviews, a Certified Specialist in Environmental Law by the Law
Society and sits on the executive of the Environmental Law Section of the
Ontario Bar Association.
Faille, Maxime Gowling WLG
(604) 891-2733 maxime.faille@gowlingwlg.com
Mr. Faille leads Gowling WLG's Indigenous Law Group. He acts for Indigenous
communities across Canada, as well as private-sector interests seeking to
do business with them. He has represented his clients at all levels of court,
including the Supreme Court of Canada, and advises on Indigenous rights &
title, consultation, self-government, taxation and economic development.
Fader, Nicholas P. Bennett Jones LLP
(403) 298-3474 fadern@bennettjones.com
Mr. Fader acts for public and private corporations, including oil & gas, indus-
trial and technology clients. His practice extends to private and public debt
and equity offerings, domestic and international acquisitions, licence and
distributorship arrangements, debt restructurings and shareholder disputes
(including proxy contexts).
LEXPERT-RANKED LAWYERS
SGER, which was more of an historical emis-
sions-based regime, to an output or product-
based emissions baseline. It assesses a facility's
output based on its allocation of carbon dioxide
equivalent, which is a different measure than had
been used before.
"In doing so, the new regulations established
benchmarks that apply to different, emissions-
intensive, trade-exposed sectors," says Warrier.
"Each company is going to be assessed based on
the benchmarks established for that sector. e
CCIR applies to any facility that has emitted
100,000 tonnes of carbon dioxide equivalent.
ose that do not meet the performance-based
emissions benchmarks prescribed in the legisla-
tion will have to 'true up' through acquiring emis-
sions performance credits, emissions offsets, fund
credits or a combination of all of them."
For Alan Harvie, a senior partner and energy
and environmental lawyer with Norton Rose Ful-
bright LLP in Calgary, the intent of the CCIR is
to give a huge push toward having the most effi-
cient facilities compared to your peers. And there-
in lies the challenge for individual companies.
"ey're benchmarking similar types of facili-
ties within a given industry – for example, cement
factories, or fertilizer plants, or oil sands plants, or
power-plant types of facilities that emit more than
100,000 tonnes a year are subject to the CCIR. So
the idea is to reward the best emitters, and to get
the other emitters to move up to the best quality
of emissions profile, compared to their peers."
But what happens, he asks, if the emissions
profiles are all similar, in other words, all bunched
together? Or the corollary. What if there's an out-
lier with terrible GHG emissions? "I'm aware of
one instance where, in one industry, there's one
plant, a large one, that has absolutely terrible emis-
sions. And all of the other players in that industry
are really happy. Because they all look really good
in comparison."
Notwithstanding the complexity of the CCIR,
Sarah Powell, an environment and energy partner
with Davies Ward Phillips & Vineberg LLP in To-
ronto, philosophically agrees with the policy shi in
Alberta to a product-based emissions benchmark.
"Right now there's some
pain points in the lack
of specificity. Alberta still
has regulations to come,
so industry doesn't yet have
'perfect information' and what
industry likes is certainty."
- SARAH POWELL, DAVIES WARD PHILLIPS & VINEBERG LLP
