Lexpert Special Editions

Special Edition on Infrastructure -Sept 2015

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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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 | 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

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