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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26 LEXPERT | 2016 | WWW.LEXPERT.CA Massé, David Stikeman Elliott LLP (514) 397-3685 dmasse@stikeman.com Mr. Massé specializes in M&A, securities and corporate finance, including a focus on the mining and energy sectors. He has significant experience acting for issuers, sponsors, underwriters and financial institutions in connection with M&A, financings, joint ventures and project development in Canada and abroad. Martis, Xeno C. Fasken Martineau DuMoulin LLP (514) 397-7509 xmartis@fasken.com Mr. Martis counsels lenders and investors on corporate finance matters including project financing/take-overs/structured leveraged & synthetic lease financings. He advised Nalcor Energy on the $5-billion financing of the Muskrat Falls hydro project. Martins, Manuel A. Gowling WLG (519) 575-7542 manuel.martins@gowlingwlg.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 Gowling WLG's National Real Estate Practice Group. Mark, Alan H. Goodmans LLP (416) 597-4264 amark@goodmans.ca Mr. Mark's practice focuses on electricity law and regulation, corporate- commercial litigation and class actions. He represents clients in the energy sector before the Ontario Energy Board and the courts, including the Supreme Court of Canada. He has significant expertise with the legislative and regulatory framework of the Ontario energy market. Manning, Lewis L. Lawson Lundell LLP (403) 781-9458 lmanning@lawsonlundell.com Mr. Manning practises energy regulatory law before federal and provincial regulatory boards, arbitration panels, and appellate courts on a wide range of regulatory matters including rate design, cost of capital, tolls and tariffs, access and project approvals. He represents IPPs, industrial customers, oil & gas producers, utilities, retailers, industry associations, pipelines, regulators and others. Mann, David W. Dentons Canada LLP (403) 268-7097 david.mann@dentons.com Mr. Mann has extensive experience in insolvency matters, having appeared regularly before Alberta's Bankruptcy Court and Court of Appeal, as well as having made submissions to the Ontario Court of Appeal and the SCC. He acts for lenders, debtors, receivers/trustees, creditors/counterparties, DIP financiers and acquisitors in a variety of insolvency proceedings. LEXPERT-RANKED LAWYERS Guinty government. Top of mind for these investors, she says, was political risk to their projects. "Our advice," says Powell, "was that these power purchase agreements are binding commercial agreements. It is highly unlikely that a change in government would in any way retro- actively impact these agreements." Going forward, she says, "what will be key for Alberta and Sas- katchewan is to ensure they box the political risk so that any investor, whether sitting in Spain, New York, Ontario or Alberta, understands a future change in government is not going to negatively impact their re- newable project." According to Chris Christopher, an energy lawyer with Torys LLP in Calgary, there's a lot of buzz about renewables both within Alberta and from outside in- vestors. e electricity market is pretty much tapped out in Ontario, he says, leading a lot of investors who haven't considered Alberta before to give the province a serious look. "Many of the renewable energy inves- tors showing interest in the province are developers of renewable projects on a world scale." e Alberta government has set loy renewable en- ergy goals, with an overall target of 30 per cent of Al- berta's generation capacity by 2030, says Christopher. "To achieve this target, we must recognize that we are competing on a global basis for investment dollars. We should approach renewables in Alberta like most juris- dictions do and say, 'It's a worldwide competitive game and we need to be in that mix,' so our approach has to be predictable and favorable and on a very even basis." New ideas welcome In Ontario, meanwhile, now is the time for innovators in the renewable and clean-tech sectors to come for- ward with their ideas, says Ian Mondrow, the partner who leads Gowling WLG (Canada) LLP's energy regu- lation and policy practice in Toronto. "Clean-tech and renewables are driven off this phi- losophy of environmental responsibility, and now it's come to a head because climate-change regulation has finally caught up with political and social movements and preferences," he says. "Ontario's climate-change legislation hardwires in an obligation on the government to recycle revenues from its cap and trade program into investments in clean-tech and renewables. e government is legisla- tively obligated to explain where the money is spent, in a transparent and public fashion." He says that, while there is uncertainty as to how much revenue there will be, this legislative obligation should give investors some assurance that there will ac- tually be money available for these business opportuni-

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