Lexpert Magazine

Nov/Dec 2017

Lexpert magazine features articles and columns on developments in legal practice management, deals and lawsuits of interest in Canada, the law and business issues of interest to legal professionals and businesses that purchase legal services.

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LEXPERT MAGAZINE | NOVEMBER/DECEMBER 2017 73 | LNG DEVELOPMENT | Canada's biggest competitor in the race to join the LNG big leagues is the United States, and it is much closer, with seven projects approved and under construction, and four more approved but not yet started. In fact, according to a re- port by Reuters, the country is expected to become the world's third-largest exporter of liquefied natural gas as early as 2018. Proposed export facilities in the United import terminals and invested heavily in pipeline infrastructure. Many of those fa- cilities are now being converted for export. Canada never had to import natural gas. at means most of the long-haul pipelines to the Pacific coast and major LNG storage facilities will have to be built from scratch, making it much more expensive. Canada's regulatory regime is also a stumbling block, according to Ignasiak, who says he knows of projects it has killed. "And it's not because Canadian regulation is too strict. When I talk to clients look- ing at projects in Canada, that is not their concern. ey know in return for those regulatory standards they have a degree of political stability and benefit from a very stable regime." So what is the problem? He says it's the complete lack of certainty around time- lines associated with the various regula- tions. "ey want to know that, if they comply with all the standards, having made that investment, they're going to receive the approvals to proceed with a project." e length of time it takes to get a proj- ect from a proposal into operation has a sig- nificant impact on its profitability. "If you invest a billion dollars prior to construction, it makes a big difference to your net present value if you get to start construction in four years as opposed to eight." e longer it takes, he says, the more difficult it becomes to recover that initial investment. Delay and uncertainty: two words proj- ect investors hate. Petronas and its partners may have le, but there are companies that continue to explore Canada — BC in par- ticular — as a hub for liquefied natural gas export facilities. ey include ExxonMobil and Imperial Oil Resources Ltd., which are evaluating the potential for the WCC LNG project located just northeast of Prince Rupert. e partners are exploring regulatory approvals, investment climate and business considerations, although the project is still in the early stages and a final investment decision is not expected anytime soon. Nexen Energy, a division of Chinese energy giant China National Offshore Oil Corp. (CNOOC), and Japan's INPEX Corp. are also still looking at Aurora LNG, a $20-bil- States have one massive advantage over Canada, says Martin Ignasiak, co-chair of the regulatory, environmental, Aboriginal and land group at Osler, Hoskin & Har- court LLP in Vancouver: the infrastructure is already there. Until the shale revolution, the US was a net importer of natural gas, mainly from Canada. It designated industrial land mainly around the Gulf of Mexico, built "Most of these LNG projects were conceived of at a time the LNG price was about US$15 or US$16. It's now [in September] down to US$5 or US$6 … What we need to do is prepare for the next window." ALICIA QUESNEL > BURNET, DUCKWORTH & PALMER LLP

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