Lexpert Special Editions

Special Edition on Energy - Nov 2014

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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Lexpert®Ranked Lawyers 20 | Pipelines v. Rail Grant, QC, Bruce C. Stewart McKelvey (709) 570-8882 bgrant@ stewartmckelvey.com Mr. Grant's corporate/ commercial practice extends to energy and natural resources, fi nancial services, M&A, project fi nance, real estate and construction law. His clients include oil refi neries, construction and mining companies, and lenders. Gilmour, Bradley S. Bennett Jones LLP (403) 298-3382 gilmourb@ bennettjones.com Mr. Gilmour's practice focuses on energy, environmental and Aboriginal law. He has signifi cant experience with issues related to energy and natural resource projects including oil sands, pipelines, LNG, CCS, coal, hydro, chemical and renewable energy. Gorman, William (Bill) Goodmans LLP (416) 597-4118 wgorman@ goodmans.ca Mr. Gorman's practice focuses on domestic and cross-border corporate fi nance and M&A. He represents a number of public and private companies, private equity and underwriters in transactions involving the energy sector. Goldman, Paul L. Goodmans LLP (604) 608-4550 pgoldman@ goodmans.ca Mr. Goldman's national, cross-border and international transactional practice focuses on corporate fi nance/securities, M&A, governance, and mining and natural resources law. His clients include mining, energy, manufacturing and technology companies. Grant, Bradley B. Stikeman Elliott LLP (403) 266-9008 bgrant@stikeman. com Mr. Grant is the Managing Partner of the Calgary office, practice focuses on derivatives and commercial arrangements in the petroleum and natural gas and power sectors, including mergers and acquisitions, joint ventures and other commercial arrangements. Grant, QC, Robert G. Stewart McKelvey (902) 420-3328 rgrant@ stewartmckelvey.com Mr. Grant's practice focuses on commercial litigation and administrative law, including project approvals with a special interest in energy and regulated industries, particularly oil and gas. He served as counsel on the Sable and Deep Panuke projects. want it to go.'" While Ottawa tightened some regulations around trans- porting crude by rail following the deadly 2013 derailment and explosion at Lac-Mégantic that le 47 people dead, its oversight of crude being shipped by rail is nowhere near the level proposed for pipelines. Where pipeline companies face the prospect of an in- creasing number of NEB inspections and safety audits, railways transporting crude oil police safety themselves, says Wayne Benedict of McGown Johnson Barristers & Solicitors in Calgary. Benedict spent a decade working as a locomotive engineer, a trainman, conductor and locomotive operator before prac- tising law. He has been in charge of marshaling cars — decid- ing where in the confi gurations to put dangerous goods to move them safely. He says he is troubled by the increase in the amount of crude moving across Canada by rail because he believes the Railway Safety Act makes it fundamentally unsafe. Amendments to the statute passed in the 1980s did away with on-the-ground government inspectors, he says, permit- ting railways to develop and police their own safety-manage- ment systems. " e regulator has stepped back and became more of an auditor. ey'll ask things like: 'Have you developed your safety-management system or not? Please make a check- mark here.' "I don't know how much they look behind the curtain to see if what the railway has come up with is actually safe." Benedict is not reassured by the new safety measures Ot- tawa announced for railways around the same time it an- nounced the new pipeline regulations. Transport Canada ordered 5,000 aging DOT-111 cars, prone to puncture in a derailment and taken out of use, and said the remaining 65,000 must be retired or retrofi t- "There probably wasn't much public reaction [to Ottawa's new pipeline rules] because the pipes have always understood their position, that they would have to clean up the mess." – DOUGLAS CROWTHER, DENTONS CANADA LLP PHOTOS: SHUTTERSTOCK

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