Martin, Patrice
Borden Ladner Gervais LLP
(514) 954-2546
pmartin@blg.com
Mr. Martin focuses on
M&A, corporate law and
technology law. He acts
on acquisitions and sales of
private businesses, capital
investments, outsourcing
arrangements, strategic
alliances, and technology
development and licensing.
Martins, Manuel A.
Gowling Lafleur
Henderson LLP
(519) 575-7542
manuel.martins@gowlings.com
Mr. Martins acts for and
advises owners, investors
and lenders in the renewable
energy and infrastructure
industry; including purchase,
sale, leasing and financing
transactions. He is also the
leader of Gowlings' National
Real Estate Practice Group.
Massicotte, Etienne
Osler, Hoskin
& Harcourt LLP
(514) 904-5778
emassicotte@osler.com
Mr. Massicotte's practice
embraces infrastructure fi-
nancing. He has acted on the
financing of the CHUSJ, the
Restigouche hospital and on
bids relating to the Montréal
acoustic hall, the U of M hos-
pital research centre, the Baie
St-Paul hospital and NBSL.
Martin, Steven R.
Davies Ward Phillips
& Vineberg LLP
(416) 863-5572
smartin@dwpv.com
Mr. Martin acts on P3, prop-
erty development, project
financing and JV projects in
Canada and the US, and has
extensive experience in the
social and transportation
P3 sectors. He has led trans-
actions that include hospitals,
bridges and courthouses.
Massicotte, Alain
Blake, Cassels
& Graydon LLP
(514) 982-4007
alain.massicotte@blakes.com
Mr. Massicotte's specialties
include project financing
and P3s, advising bidder
and consortium clients on
a wide variety of projects.
He also counsels foreign
governments and agencies
regarding infrastructure
project and P3-related issues.
McFadden, QC,
David J.
Gowling Lafleur
Henderson LLP
(416) 369-7243
david.mcfadden@gowlings.com
Mr. McFadden is involved
in the development, finan-
cing and management of
infrastructure projects. His
infrastructure experience
encompasses the transporta-
tion, electricity and social
infrastructure sectors.
24
|
ENERGY REGULATION
LEXPERT
®
RANKED LAWYERS
judgment is sought by a federal or provin-
cial government. But it's only one of a welter
of legal initiatives confronting owners and
developers of pipelines and other energy in-
frastructure in Canada.
e two new laws work in combination
with important amendments to the Na-
tional Energy Board Act, the Canada Oil
and Gas Operations Act and new Onshore
Pipeline Regulations. e new legal regime
takes direct aim at operating facilities, and
lawyers say it's intended to reassure the pub-
lic that oil pipelines, in particular, will be
environmentally sound. But by addressing
issues of public confidence, the new laws
highlight serious questions about whether
energy infrastructure projects can be devel-
oped within commercially acceptable time-
frames and costs.
"It's increasingly challenging," says Law-
rence Smith, QC, with Bennett Jones LLP
in Calgary. "And, yes, that's good for law-
yers. But I care about what's happening to
the process."
Underscoring both sides of Smith's com-
ment – the demand for legal expertise and
the erosion of the regulatory process – the
National Energy Board (NEB) has been
moved to create space on its website to
chart the course of rapidly multiplying
court challenges against its rulings and de-
cisions. At press time, the list ran to 18 legal
actions against the NEB and one in which
the board is not a respondent, including
three opposing the Northern Gateway proj-
ect that was approved more than a year ago
but has yet to break ground. Meanwhile,
the Trans Mountain Pipeline Expansion
has attracted eight court actions even be-
fore the NEB has issued its recommenda-
tion to cabinet.
Ottawa's legislative efforts have cut two
ways, attempting to speed up hearing pro-
cesses – which had sometimes taken longer
than project construction – while simulta-
neously seeking to reassure the public that
the environment would be protected.
In the name of timeliness, amend-
ments to the NEB Act ( July 2012) place a
15-month time limit on project hearings,
tighten the scope of matters hearings may
consider and redefine the right to be heard
(standing ) by emphasizing those directly
affected by a project. Further, the previous
power of the NEB to reject project applica-
tions is now assumed by federal cabinet.
Aer attempting to make hearings small-
er and approvals faster, Ottawa announced
compensating "world-class pipeline safety"
measures to prevent, or increase penalties
for, environmental misadventures.
Onshore Pipeline Regulations were
amended (March 2013) to list and make
mandatory every tiniest facet of pipeline
safety, down to the details of x-ray inspec-
tions on pipeline welds. Amendments also
require every company to designate an "ac-
countable officer" for pipeline integrity in
the same way that CFOs and CEOs are
"THE ACTIVISTS HAD NO RESPECT FOR THE NEB …
NO INTEREST IN THESE PROJECTS TAKING PLACE, [AND THEIR TACTICS,
INCLUDING LEGAL ACTIONS, HAVE BEEN DESIGNED] SO THAT YOU
COULD NEVER REALLY COMPLETE A PROJECT APPROVAL."
–Lawrence Smith, QC, Bennett Jones LLP
