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 35 Palm, W. Ian Gowling WLG (416) 369-7332 ian.palm@gowlingwlg.com Mr. Palm practises corporate finance, M&A and private equity law focused on the energy, infrastructure and technology sectors. His domestic and international public-and private-sector clients include pension funds, private equity groups, issuers and underwriters. He has advised clients in a range of corporate finance and M&A transactions, including private placements and public offerings. Palin, Joseph Dentons Canada LLP (403) 268-7307 joe.palin@dentons.com Mr. Palin's domestic and international financing practice includes experience in the oil & gas, and pipeline and power project sectors. His clients include lenders, syndicates and debtors. He also acts on restructuring transactions. Osler, William S. Bennett Jones LLP (403) 298-3426 oslerw@bennettjones.com Mr. Osler's practice includes securities law and M&A, commercial transac- tions and corporate governance, with a particular focus on the energy sector. Has significant experience in IPOs and other public offerings for issuers and underwriters, as well as Canadian and international take-over bids and plans of arrangement, corporate reorganizations, divestitures, joint ventures and partnerships. Olynyk, John M. Lawson Lundell LLP (403) 781-9472 jolynyk@lawsonlundell.com Mr. Olynyk advises oil sands developers, renewable energy developers, railways, mining and forestry companies, utilities and clients on environ- mental and regulatory matters and on Indigenous law matters, including consultations with Indigenous groups, negotiation of cooperation protocols and impact benefit agreements, ESTMA reporting requirements and related commercial and property tax matters. Olley, Stuart M. Gowling WLG (403) 298-1814 stuart.olley@gowlingwlg.com Mr. Olley co-leads Gowling WLG's Natural Resources Group and heads Busi- ness Law in Calgary. He holds a Master of Law Degree and Certificate in Mining Law from Osgoode Hall Law School. He is experienced in international financings and mergers including in Africa, Central and South America, and Asia. He advises issuers and underwriters in upstream and midstream oil & gas, mining and other sectors. O'Leary, Dean A. Farris, Vaughan, Wills & Murphy LLP (604) 661-9316 doleary@farris.com Mr. O'Leary's practice focuses on commercial transactions in a variety of industry sectors including energy and infrastructure. His experience includes reorganizations, acquisitions and divestitures, power supply arrangements, power project financing and development and power project-related commer- cial and real estate matters, including expropriations. LEXPERT-RANKED LAWYERS it would adopt a carbon-pricing approach, although it was unclear whether its plan to repurpose gas tax revenues would satisfy the federal requirements. Prince Edward Island announced its plan last May (but did not indi- cate which method it would choose) and New- foundland and Labrador has indicated it will announce its programs some time in 2018. As for Nunavut, the Yukon and the North- west Territories (the latter says its emissions will likely grow faster than anywhere else in Canada), they all agreed to work with the fed- eral government to establish carbon-pricing mechanisms to meet the requirements of the framework. Interestingly, some companies are not waiting for their lawyers to help them navigate the myr- iad rules, permutations and regulations as they get sorted out. In fact, says Lee-Andersen, many have already imposed their own internal carbon pricing, some as far back as the turn of the cen- tury. "Shell started using an internal carbon price in the early 2000s," she says, adding that Suncor and Cenovus have also done the same. e Center for Climate and Energy Solu- tions, in a September 2017 publication entitled "Companies set their own price on carbon," reported that, "More than 1,200 companies worldwide are either pursuing internal carbon pricing or preparing to do so soon, up 23% from 2015." Although there is no question that some poli- ticians, like Ford, and industry leaders oppose any form of carbon pricing as being a costly and crippling tax — the Calgary Herald said in De- cember 2017 that the price tag for large industrial emitters would "be a total of $1.2 billion a year by 2020" — many accept that it is not only an in- evitable component of doing business in Canada but the right thing to do. "Industries that are most effected by climate change policy are by and large a sophisticated group and are aware that climate change is an issue that is not going away," says McInerney. "What they want is rational, fair, predictable policy and legislation that accounts for the chal- lenges they face and, above all, does not render them uncompetitive." While the federal government continues to grapple with herding the cats, it's hard to believe that some form of a national plan will not, ulti- mately, be arrived at. At any time, elections and overall politics in Canada and the US could play a role that might upset the carbon-pricing apple- cart, as happened in Ontario. But regardless of who comes to power, it's unlikely they'll be able to completely derail the initiative. "Dealing with carbon is the new reality," Kro says. "It just can't be scrapped."

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