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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34 LEXPERT | 2018 | WWW.LEXPERT.CA Northey, Rodney V. Gowling WLG (416) 369-6666 rodney.northey@gowlingwlg.com Mr. Northey is a Certified Specialist in Environmental Law. His practice fo- cuses on regulatory approvals and strategies across the full range of approval regimes involving the environment. Active in traditional & green energy proj- ects, He is author of an annual guide on federal environmental assessment for project developers in the energy, resource and transportation sectors. Nixon, Christopher W. Stikeman Elliott LLP (403) 266-9017 cnixon@stikeman.com Mr. Nixon is a partner in the Securities Group and head of Stikeman Elliott's national China Coverage Group. His practice focuses on business law, with an emphasis on cross-border and domestic mergers & acquisitions, corporate finance, joint ventures, private equity, corporate and trust reorganizations and corporate governance. Nigro, Mario Stikeman Elliott LLP (416) 869-6810 mnigro@stikeman.com Mr. Nigro is a partner in the Mergers & Acquisitions and Private Equity & Venture Capital Groups. His practice focuses on business law, including acquisitions, dispositions and reorganizations. He also practises in the area of energy law and has experience working with clients involved in the Ontario electricity marketplace including in respect of renewable energy. Nawata, Denise Farris, Vaughan, Wills & Murphy LLP (604) 661-1746 dnawata@farris.com Ms. Nawata is a partner in Farris LLP's Securities and Corporate Finance, M&A and Mining & Energy practice groups. She has experience on transac- tions including debt and equity financings, and mergers. She also focuses on advising issuers with respect to securities reporting, compliance and dis- closure obligations, and advising clients on mining title matters and project permitting issues. Munro, Shawn M. Bennett Jones LLP (403) 298-3481 munros@bennettjones.com Mr. Munro assists clients in obtaining regulatory approval of energy develop- ments, including major oil, gas and power projects. He is national co-chair of Bennett Jones' Environmental Practice Group and past chair of its Aboriginal Practice Group. Morillon, Chantal Norton Rose Fulbright Canada LLP (418) 640-5160 chantal.morillon@nortonrosefulbright.com Ms. Morillon practises principally in the areas of bank financing and real estate law. She also advises a number of businesses on commercial law matters. She has acted for clients in various domestic and cross-border financings in a variety of sectors, including manufacturing, natural resources (including mining), renewable energy and commercial construction. LEXPERT-RANKED LAWYERS that were raised though joint auctions. Keeping up with the complexities of the vari- ous initiatives across the country and in the US — and bear in mind that all the governments had existing plans to combat emissions prior to the announcement of the federal framework — is a critical service Kro says he brings to his clients: "At Stikeman Elliott, we oen find ourselves having to understand the cost and opportunities to businesses presented by the difference carbon pricing and cap and trade re- gimes that apply, and oen involve cross-border or cross-jurisdictional issues." Clients involved in large projects that take time to develop, construct, implement and run, says Kro, "require some consideration of what the rules are now, what they might be 20 years in the future and what they are in relevant jurisdic- tions. Because, increasingly, carbon and the cost of carbon will be a component of whether your project is feasible, profitable and whether it can be completed on time and on budget." Clients ask a range of questions, he says, that are largely centered around one primary concern: do I have a carbon liability or carbon asset? If a liability, how do I satisfy it and factor it into the diligence, viability or financeability of my proj- ect? If an asset, how do I monetize it and what are the constraints, opportunities or limits on trans- fer and trade? While it has been argued that a carbon tax is economically more efficient than cap and trade, "some jurisdictions find the political implications of a taxation system unacceptable and prefer cap and trade because it is market-based," says Paul Manning, the principal of Manning Environ- mental Law in Toronto. "Cap and trade allows regulated parties, such as the large final emitters, to spread the pain of implementing emissions re- ductions through the ability to buy and sell emis- sions credits." In Atlantic Canada, the Nova Scotia govern- ment says it plans to implement a cap and trade system, while New Brunswick has indicated "At Stikeman Elliott, we often find ourselves having to understand the cost and opportunities to businesses presented by the difference carbon pricing and cap and trade regimes that apply, and often involve cross-border or cross-jurisdictional issues." - JASON KROFT, STIKEMAN ELLIOTT LLP

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