Lissoir, Luc
Gowling Lafleur
Henderson LLP
(514) 392-9571
luc.lissoir@gowlings.com
Mr. Lissoir focuses on P3s,
project financing, PE and
Infra funds, as well as M&A,
securities and corporate
counselling to international
infra developers and major
Canadian and international
financial institutions.
Lyons, Catherine A.
Goodmans LLP
(416) 597-4183
clyons@goodmans.ca
Ms. Lyons counsels private-
and public-sector clients
in municipal and environ-
mental law. She focuses on
permitting, allocation of
environmental risks and costs
and social license matters
for energy clients such as
Atlantic Power, Enwave
and SkyPower.
MacDonald, QC,
Alexander (Sandy)
Cox & Palmer
(709) 570-5512
amacdonald@coxandpalmer.
com
Mr. MacDonald practises
in offshore natural resources
and energy, with emphasis on
Atlantic Canada. He acts for
governments and companies
in all aspects of energy pro-
jects including commercial,
construction, regulatory,
taxation and royalty issues.
Liteplo, Jonathan M.
Fasken Martineau
DuMoulin LLP
(604) 631-4994
jliteplo@fasken.com
Mr. Liteplo is a leading
energy law practitioner who
represents clients in the
electricity, oil & gas, water
and wastewater industries in
obtaining facilities, environ-
mental, land use planning,
import/export and tariff-
related regulatory approvals.
Macaulay, David J.
Bennett Jones LLP
(403) 298-3479
macaulayd@bennettjones.com
Mr. Macaulay represents
domestic and international
developers of commercial
energy projects, with an
emphasis on structuring
power, pipeline, oil and
gas, storage and other
infrastructure projects.
MacKay-Dunn,
QC, R. Hector
Farris, Vaughan,
Wills & Murphy LLP
(604) 661-9307
hmackay-dunn@farris.com
Mr. Mackay-Dunn prac-
tises corporate law in a broad
range of industries. He
focuses on partnering, cross-
border and domestic tender
offers, securities, M&A and
licensing. His clients include
companies, investors, invest-
ment banks and boards.
30
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ENVIRONMENTAL REGULATION
LEXPERT
®
RANKED LAWYERS
Crown to consult applicable First Nations,
and First Nations are oen involved within
the environmental assessment process."
His view is while there exists an opportu-
nity for streamlining the environmental as-
sessment process on projects that have both
a federal and provincial "trigger," through
the federal government deferring to the
provincial process, it may not make sense
to seek such an agreement, if it will cause
greater issues with First Nations consulta-
tions. And, he says, "While First Nations
groups are more active than ever in develop-
ing or co-developing energy projects across
the country, oen they can cause significant
delays and increases in costs for projects
that have a greater environmental assess-
ment burden."
Overall, "from the outside, it may appear
that environmental law is causing greater
delays and increasing costs for energy proj-
ects to get to completion," adds Atcheson,
who believes that the current regulatory
environment is funnelling various concerns
into the environmental assessment and ap-
proval process. "Unfortunately, the delays
and cost increases are not arguable, but part
of the current reality."
As to current, as well as upcoming im-
pacts of environmental law on energy, Tony
Crossman, a partner in the Environmen-
tal Group with Blake, Cassels & Graydon
LLP in Vancouver, takes a cross-sector view.
"e BC government recently developed a
cumulative effects framework, which will
look at resource development on a regional
basis, as opposed to a sector-by-sector or
project-by-project basis. is initiative in-
cludes policies to support the framework,
which are to be completed in the fall of this
year and procedures by spring 2016. is
will likely have impacts on project develop-
ment and permitting decisions, which will
be under greater scrutiny and require more
regulatory process," he says.
Regulation, public scrutiny and current
environmental conditions are all playing a
part, or will have direct impact, on the en-
ergy sector in the future. Take "water" as an
example, suggests Crossman, of the inter-
connected nature of both the environment
and energy development.
"BC's Water Sustainability Act, to be im-
plemented in 2016, will include regulation
of groundwater in the province for the first
time, requiring licences and payment of fees
for commercial use, along with very broad
regulatory powers to restrict commercial
water rights when there are environmental
concerns, such as in drought conditions,
etc.," he says. "ese changes will have im-
plications for a wide range of operations
including fracking. Discussion papers have
just been released as to the government's
direction on the details of this new regime."
BC has experienced drought-like con-
ditions that affect businesses as well as in-
dividuals, continues Crossman, resulting
in reductions in water use and availability
"While the attempt at an omnibus approval was appreciated by developers,
the appeal rights on such an approval are so broad, and the applicable
tribunal so willing to hear and re-hear arguments about the environment
and human health, the end result has been disappointing."
– Aaron Atcheson, Miller omson LLP
