Lexpert Special Editions

Energy November 2013

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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Renewable Energy | 29 951 new small Feed-in Tariff renewable energy contracts, representing 46.5 MW of power, enough to power more than 21,000 homes. Of these, over 98 per cent of the successful applications received municipal council support resolutions. The projects include 46 MW or 219 projects with Aboriginal participation, and 27.8 MW or 136 projects with community participation. Community-based projects can be surprisingly large. SolarShare, based in Toronto, for example, will have more than $10 million in operating solar power generation projects by the end of August, all of it raised in a short time from local investors. Of this, $2 million came in small bonds sold in $1,000 units at 5 per cent interest. The return will come from 20year contracts, selling power to the grid. "There is really good evidence, particularly in Europe," says Saxe, "that people support local renewable energy projects they have a stake in, when it is their community building the project, choosing its location and earning the money it produces. So renewable energy co-operatives, which are often partners with businesses and/or municipal utilities, can offer a win-win-win, bringing money, clean power and green-collar jobs to willing host communities." Looking forward, "there's going to be a much greater push on conservation and renewable energy, driven in part by putting a price on carbon in Canada," says Sarah Powell, a partner in the Environmental, Aboriginal and Energy practices, with Davies Ward Phillips & Vineberg LLP. "Canadian business leaders generally endorse a national carbon pricing strategy. If that happens, it will help to meaningfully swing the economics favourably on renewables." Powell, vice chair of the National Environmental, Energy and Resource Law Section of the Canadian Bar Association, says new provincial initiatives are likely to spur more investment in the renewable energy sector." Alberta is currently working on a renewable energy framework, which is expected out this year. This will likely lead to investment opportunities there. Ontario, which has had significant success to date with renewables, also intends to continue to encourage large renewable projects with a new competitive procurement process," she says. "By the time we ultimately put a real price on carbon in Canada's economy, Canadian business and provincial governments will have gained experience in building and financing renewables." "There is really good evidence, particularly in Europe, that people support local renewable energy projects they have a stake in, when it is their community building the project, choosing its location and earning the money it produces." -Dianne Saxe, Saxe Law Office Bev Cline is a freelance business and legal affairs writer and editor in Toronto. Lexpert®Ranked Lawyers Plant, QC, Geoff Heenan Blaikie LLP (604) 891-1186 gplant@heenan.ca Mr. Plant is a partner in Vancouver and advises governments, businesses and First Nations in establishing and negotiating relationships, including consultation and accommodation obligations and arrangements advice. He is also litigation counsel. Pockey, Michelle B. Fasken Martineau DuMoulin LLP (604) 631-4825 mpockey@fasken. com Ms. Pockey's clients include energy, mining and forestry companies. She advises financiers and project proponents on natural resource and land development approvals and operating facilities on environmental, regulatory and social licence issues. Powell, Sarah V. Davies Ward Phillips & Vineberg LLP (416) 367-6931 spowell@dwpv.com Pratte, Guy J. Borden Ladner Gervais LLP 1-888-918-2545 gpratte@blg.com Ms. Powell applies her environmental law expertise to strategic advice on energy and environmental approvals, Aboriginal risk, environmental and social impact assessments, contaminated sites and environmental class actions. A member of the Ontario and Québec Bars and an ACTL Fellow, Mr. Pratte specializes in commercial litigation and public law before all levels of court, including the SCC, Federal Courts and the Ontario and Québec Courts of Appeal and Superior Courts. Pritchard, Andrew Norton Rose Fulbright Canada LLP (613) 780-8607 andrew.pritchard@ nortonrosefulbright.com Mr. Pritchard's corporate, commercial, real estate and development practice includes expertise in structuring P3s, project development and financing. Financial institutions and borrowers are among his clients. Putnam, Ian G. Stikeman Elliott LLP (416) 869-5506 iputnam@ stikeman.com Mr. Putnam is a Canadian and USqualified partner focusing on crossborder corporate finance, M&A and governance. He advises clients in connection with capitalraising transactions, IPOs, acquisitions, divestitures and reporting obligations.

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