WWW.LEXPERT.CA
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2019
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LEXPERT 23
McInerney, Thomas W. Bennett Jones LLP
(403) 298-4484 mcinerneyt@bennettjones.com
Mr. McInerney advises clients in the energy sector on a broad range of
domestic and international commercial transactions. He has considerable
experience in energy-based acquisitions and divestitures, with a particular
expertise in energy project development involving oil sands, pipelines, elec-
trical power transmission and generation including solar, wind and biomass
renewable energy projects.
Massé, David Stikeman Elliott LLP
(514) 397-3685 dmasse@stikeman.com
Mr. Massé specializes in M&A, securities and corporate finance, with a focus
on the mining and energy sectors. He is member of the Mining Group and has
significant experience acting for mining companies, issuers, sponsors, under-
writers and financial institutions in connection with M&A, financings, joint
ventures and mining development projects in Canada and abroad.
Mark, Alan H. Goodmans LLP
(416) 597-4264 amark@goodmans.ca
Mr. Mark's practice focuses on electricity law/regulation, corporate/commer-
cial litigation, restructuring, insolvency and class actions. In the electricity
sector, he represents industry participants before the Ontario Energy Board,
arbitral tribunals and the courts, including the Supreme Court of Canada.
He has expertise with the legislative and regulatory framework of the Ontario
energy market.
Manning, Lewis L. Lawson Lundell LLP
(403) 781-9458 lmanning@lawsonlundell.com
Mr. Manning's practice focuses on energy regulatory matters in the electric
and oil & gas sectors — including rates, toll design, energy price-setting
plans, cost of capital, facilities approvals, transmission and distribution
access, and operating issues before the AUC, AER and NEB. He serves
as counsel on energy matters before the Alberta Court of Appeal,
SCC and private arbitrations.
Maguire, Patrick T. Bennett Jones LLP
(403) 298-3184 maguirep@bennettjones.com
Mr. Maguire acts for energy companies on a range of transactions, both in
Canada and internationally, including purchases, sales, joint ventures and
other co-ownership vehicles, energy commodity transportation, sales and
related transactions and related energy project financings. He is also
Managing Partner of the firm's Calgary office.
MacWilliam, Alexander G. Dentons Canada LLP
(403) 268-7090 alex.macwilliam@dentons.com
Mr. MacWilliam is Canada lead for the global Environment and Natural Re-
sources, and Climate Change Strategies groups. He regularly advises Can-
adian and international clients on all legal issues relating to the environment,
including regulatory approvals, compliance, contaminated land, climate
change, transportation of dangerous goods and development of internal
environmental practices and systems.
"e energy industry has already been on a
downturn for the past few years; this is one more
concern we have" regarding the future of the en-
ergy sector.
However, Denstedt notes, in the Redwater
case both the Alberta Court of Appeal and the
Supreme Court of Canada commented on the
need for clarification from a policy perspective
in the Bankruptcy and Insolvency Act, which al-
lows a trustee to walk away from environmen-
tal obligations.
In Tsleil Waututh v. Canada (Attorney Gen-
eral), the Federal Court of Appeal (FCA) con-
sidered the duty to consult in the current federal
regime for review and approval of interprovin-
cial pipelines. In its decision in August 2018,
the FCA quashed the federal government's ap-
proval of the Trans Mountain Pipeline expan-
sion, which would facilitate bringing oil from
Alberta's oil sands to the British Columbia coast,
in part due to Canada's failure to fulfill its con-
sultation and accommodation obligations to In-
digenous peoples.
e decision had "high-level impact," says Julie
Abouchar, a partner in Willms & Shier Environ-
mental Lawyers LLP in Toronto, and lawyers
across Canada have taken two key points from
that decision.
"Most important is the need for an Indigenous
consultation prior to getting a project approved.
One of the reasons why the FCA … quashed the
approval was because it found that the govern-
ment had not implemented Indigenous consulta-
tion properly. At the highest level, what the FCA
is saying is, meaningful two-way dialogue is nec-
essary, including responding to and addressing
Indigenous concerns."
e expectation that there be agreement with
Indigenous communities before major projects
are approved is not as common in the United
States, she says, but "with large projects in Can-
ada, the successful ones have agreements with
Indigenous communities."
In British Columbia, where the appellants
launched the case, there is no legal requirement
to reach agreements, but this varies from prov-
ince to province, Abouchar says.
Under the Canadian Environmental Assess-
ment Act, parties must look at the ancillary parts
of a project, such as whether or how marine life
might be affected by increased tanker traffic. In
this case, the National Energy Board was found
to be in error in not considering the ancillary im-
pact of endangered species from increased ship-
ping of oil from the BC coast.
"All that is very interesting, because the land-
scape of environmental assessment is changing,"
she says — which includes the Senate passing Bill
C-69.
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