Lexpert Special Editions

Special Edition on Energy 2016

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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WWW.LEXPERT.CA | 2016 | LEXPERT 17 Gorman, William (Bill) Goodmans LLP (416) 597-4118 wgorman@goodmans.ca Mr. Gorman's practice focuses on domestic and cross-border corporate finance and M&A. He represents public/private companies and underwriters in transactions involving the energy sector. He has represented Atlantic Power in various matters including its 2004 IPO, numerous debt and equity financings, a strategic review, two activist shareholder actions and a secondary market liability class action. Gilmour, Bradley S. Bennett Jones LLP (403) 298-3382 gilmourb@bennettjones.com Mr. Gilmour's practice focuses primarily on environmental, regulatory, energy and Aboriginal law. He provides advice on due diligence, environmental approvals, release and incident reporting, contaminated sites and environmental investigations and prosecutions associated with a broad range of energy, natural resource, chemical, petrochemical, hydro, bio-fuel, wind and other industry types. Gilliland, William G. Dentons Canada LLP (403) 268-6826 bill.gilliland@dentons.com Mr. Gilliland advises public and private companies domestically and internationally on M&A matters, primarily in the power, oil and gas and other resource sectors. He also counsels on financing, securities and governance issues. Ghikas, Matthew Fasken Martineau DuMoulin LLP (604) 631-3191 mghikas@fasken.com Mr. Ghikas specializes in oil and gas, electricity and utilities. Licensed in BC and Alberta, he represents clients before energy and environmental regulators, in court and in arbitrations. He holds a MCIArb designation from the Chartered Institute of Arbitrators and a QArb designation from the ADR Institute of Canada. He is a roster arbitrator for the American Arbitration Association (ICDR). Gauvin, Mira Gowling WLG (514) 392-9591 mira.gauvin@gowlingwlg.com Ms. Gauvin advises clients on compliance with environmental laws, obtaining and transferring environmental permits, land rehabilitation projects, as well as the implementation and closure of industrial sites. She analyzes and consults on the impacts of jurisprudential and legislative developments on client activities, and on due diligence in the context of various types of business transactions. Gallivan, QC, Daniel F. Cox & Palmer (902) 491-4126 dgallivan@coxandpalmer.com Mr. Gallivan's corporate practice spans all facets of energy law. He provides informed counsel and regulatory advice to major oil and gas projects, exploration and production companies, service and pipeline companies, regulatory agencies and governments. Consistently ranked as a leading practitioner in his field, Mr. Gallivan also holds the leadership role of CEO of Cox & Palmer. LEXPERT-RANKED LAWYERS lion Northern Gateway pipeline was filed in 2005. It got cabinet approval in 2014. Normally, that would have been the end of it, but eight First Na- tions, four environmental groups and a labour union launched legal chal- lenges against the government ap- proval. e BC Court of Appeal re- voked the approval on the last day of June. at's 11 years spent on process, instead of building anything or mov- ing any oil or gas to port for export. While Canada is not alone in this, it seems to be moving in a dif- ferent direction from other major jurisdictions. In the United States, for example, the Federal Regulatory Energy Commission is considering a 12-month deadline for its "public convenience and necessity" certifi- cates for gas pipelines and electrical transmission that use its pre-filing system. e European Commission has ordered that similar projects that cross countries in the European Union should take no longer than 3.5 years to receive all regulatory ap- provals. In Canada, "I think the fed- eral government is trying to figure out how to move forward," says Richer La Flèche. But even when the approval finally comes through with scores of conditions, energy companies still can't be certain they can start to build. Look at what happened with North- ern Gateway. So the No. 1 problem, he says, is that "we don't have a regulatory path for very large interprovincial projects that involves several governments. What are executives supposed to do?" One way for the private sector to mitigate the risk is to run projects through sympathetic prov- inces and communities. It's called social licence, or social acceptability, and it's a concept first used in the developing world where, faced with the lack of strong regulation, first-world mining companies oen went above what was required by law to en- sure their project would meet the local commu- nity's needs, helping to ensure buy-in. e concept is no longer confined to the third world. e whole notion is starting to dominate the debate around not just pipelines but shale gas, oil-sands projects and even wind farms, says Anne Drost, an energy practitioner at Blake, Cassels & Graydon LLP in Montréal. at means the deci- sion over where to locate a pipeline, route transmis- sion lines or build a wind farm can't be le to the engineers or scientists anymore.

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