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."