Naccarato, D. John
Norton Rose Fulbright
Canada LLP
(613) 780-8608
john.naccarato@nortonroseful-
bright.com
As part of his commercial
real estate and construction
practice, Mr. Naccarato has
represented participants at
all levels and in various types
of P3 and alternative finance
and procurement projects.
Northey, Rodney V.
Gowling Lafleur
Henderson LLP
(416) 369-6666
rodney.northey@gowlings.com
Mr. Northey is in his 25th
year of practice focused
on federal and provincial
environmental assess-
ments and approvals. Has
advanced infrastructure
in water, energy and trans-
portation sectors. Current
work for major urban and
rural municipalities.
Osler, William S.
Bennett Jones LLP
(403) 298-3426
oslerw@bennettjones.com
Mr. Osler's practice
includes securities law
and M&A, with a focus
on oil and gas. His exper-
ence embraces IPOs and
other public offerings for
issuers and underwriters,
as well as Canadian and
international take-over bids
and plans of arrangement.
Nordick, D'Arcy
Stikeman Elliott LLP
(416) 869-5508
dnordick@stikeman.com
Mr. Nordick advises foreign
and domestic clients on
infrastructure projects with
a focus on financing. His
clients include P3 and infra-
structure participants, banks,
dealers, governments and
quasi-government entities,
and private-equity firms.
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
project developments
and expropriations.
Ouimet, François H.
Stikeman Elliott LLP
(514) 397-3057
fouimet@stikeman.com
Mr. Ouimet's corporate,
real estate, and private and
institutional financing
practice includes experience
with P3s and infrastructure
projects, capitalizations,
syndications, commercial
contracts, leasing, securities
and securitizations.
ENERGY REGULATION
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27
never really complete a project approval."
Ignasiak says an array of new laws invari-
ably provokes an initial spate of litigation
aimed at testing the validity of the legisla-
tion — but he's confident progress is be-
ing made on streamlining environmental
processes. He says the bigger hurdle will be
Aboriginal consultation that's embedded in
constitutional law.
"We have to find a way to separate the
reviews of projects from the question of
what sort of benefits should accrue to Ab-
original groups," Ignasiak says. "Where
companies shy away from infrastructure
projects in Canada is where they form the
opinion that there's simply too much un-
certainty about the timing of the receipt of
regulatory approvals."
required proofs of financial wherewithal,
including the ability to meet potential en-
vironmental cleanup claims.
"You need to be able to satisfy any poten-
tial claims brought against you," Smith says.
e guiding principle is, "people shouldn't
bite off more than they can chew."
e new legislation is part of what Prime
Minister Stephen Harper's government calls
a "world-class pipeline safety initiative."
"I think a large part of this initiative is to
reassure the public," by writing statute law
to make explicit what was previously estab-
lished in case law, Smith says.
While critics have said that Ottawa's ef-
forts to speed up hearings have backfired
by triggering a ra of potentially lengthy
legal challenges, Smith argues that history
didn't begin with amendments to the Na-
tional Energy Board Act and the feds bear
no fault for the current impasse. He says the
amendments were made necessary by a long
record of activist efforts to draw out hearing
processes, delay approvals and ultimately
kill energy projects. (e Mackenzie Valley
Natural Gas Pipeline Project and the Jos-
lyn Oil Sands mine were both shelved aer
hearings extended beyond six years.)
"e activists had no respect for the
NEB … no interest in these projects taking
place," and their tactics, including legal ac-
tions, have been designed "so that you could