Power in Canada

Borden Ladner Gervais LLP

Borden Ladner Gervais LLP maintains a well-established record in representing major market players (BC Hydro, AltaLink and Northland Power) on a wide range of transactional, regulatory and disputes work. Toronto-based national head Shane Freitag combines strong skill sets in transactional and regulatory matters and recently teamed up with Toronto-based transactional energy partner, Rob Blackstein, to advise Atomic Energy of Canada Limited and Canadian Nuclear Laboratories on their initiative to host small modular nuclear reactors at sites operated by Canadian Nuclear Laboratories. Other recommended names include Mark Rodger, who specializes in commercial, regulatory and government relations-related issues, and Jonathan Liteplo, who has an emphasis on utilities regulation.

Responsables de la pratique:

Shane Freitag

Principaux clients

AltaLink

Northland Power Inc.

Manitoba Hydro

EPCOR Utilities Inc.

BC Hydro

Northwest Territories Power Corporation

Atomic Energy of Canada Limited and Nuclear Laboratories Ltd.

Government of Alberta

Oakville Enterprises Inc.

Terrestrial Energy Inc.

North Bay Hydro Distribution Limited and Espanola Regional Hydro Distribution Corporation

City of Kitchener

Waterloo North Hydro Inc. and Kitchener-Wilmot Hydro Inc.

Fortescue Future Industries

Elexicon Energy Inc.

PUC Inc.

Principaux dossiers

  • Acted for AltaLink on several regulatory matters, including on its 2022-2023 general tariff application seeking approvals of revenue requirements of C$877m in 2022 and C$895m in 2023.
  • Acted for Manitoba Hydro on the development of the C$8.7bn Keeyask Hydroelectric Project in northern Manitoba, which will have approximately 695 MW of capacity.
  • Advised Northland Power on a number of corporate finance, M&A and regulatory matters, including on its C$990m bought deal offering.

McCarthy Tétrault

Ranking among the leading power firms in Canada, McCarthy Tétrault houses a full-service national practice, which excels across the full range of corporate, projects, transmission, distribution and contentious matters. The group routinely acts for all industry stakeholders and its extensive client roster includes conventional, renewable and nuclear power companies and also represents lenders and investors, among other sector participants. Department head Seán O’Neill is highly regarded for transactional work and brings to bear niche expertise in nuclear-related issues. Heavyweight power specialist David Lever fronts the infrastructure and projects groups and is a go-to partner for developers, investors and lenders on major power projects. Additionally, energy regulation lead George Vegh and transactional power specialist, Suzanne Murphy, are also key contacts. Named attorneys are based in Toronto.

Responsables de la pratique:

Seán O’Neill

Principaux clients

Power Sustainable Capital Inc.

Instar Asset Management

Enwave Energy Corporation

Noventa Energy Partners

EastWest Bank

NextEra Energy Resources

Innergex Renewable Energy Inc.

AltaLink, L.P.

Samsung Renewable Energy

StepStone Real Assets (Canada Atlantis Hydro Holdco A Inc.)

EDF Renewables Canada Inc. and Cypress Renewable Energy Centre Limited Partnership

Principaux dossiers

  • Advised Instar Asset Management on the acquisition by CK Group’s wholly owned subsidiary Canadian Power Holdings of two wind power facilities located in the Okanagan region of British Columbia.
  • Advised Noventa Energy Partners on the development of a wastewater energy transfer system and other equipment at the Toronto Western Hospital and the Krembil Research Institute in Toronto, Ontario.
  • Represented Shell Canada in connection with the proposed construction of the Varennes Carbon Recycling biofuels plant in Varennes, Québec.

Osler, Hoskin & Harcourt LLP

Osler, Hoskin & Harcourt LLP stands out for its enviably deep and experienced bench of power specialists, who between them cover an array of commercial, corporate and regulatory matters. The comprehensive practice is equipped to handle the full life cycle of power projects from advice on electricity market rules and power purchase agreements, through to project construction, M&A and environmental issues. Rocco Sebastiano spearheads the department and is advising Bruce Power LP on the C$13bn refurbishment of the Bruce Power Nuclear Generating Station. Jacob Sadikman, Richard Wong and the increasingly prominent Elliot Smith are also noted for transactional matters, while Richard King is recommended for his regulatory expertise. All named practitioners are based in Toronto.

Responsables de la pratique:

Rocco Sebastiano

Torys

A destination practice for power work, Torys‘ signature transactional prowess is underpinned by a formidable regulatory offering. The group enjoys strong relationships with major public and private power clients, including Ontario Power Generation (OPG), Hydro One Networks and ENMAX Power Corporation, while also acting for leading industry investors and lenders. On the transactional side, department co-head Krista Hill is sought after for her involvement in major, transformational deals; she is currently advising OPG on the landmark Darlington small modular reactor project. Projects specialist Valerie Helbronner and up-and-coming partner Huw Evans  are also recommended for power transactions. Key regulatory names include Calgary managing partner Lou Cusano, who has a strong record in complex administrative disputes, and high-profile practice co-head Charles Keizer.

Responsables de la pratique:

Krista Hill; Charles Keizer

Les références

‘Torys has an excellent sense of the market. We also highlight its depth, ability to add value and efficient staffing.’

Principaux clients

Ontario Power Generation Inc.

Ontario Teachers’ Pension Plan Board

Enwave Energy Corporation

IFM Investors

Hydro One Networks Inc.

Sumitomo Mitsui Banking Corporation of Canada

Connor, Clark & Lunn Infrastructure

ENMAX Power Corporation

Mitsubishi UFJ Financial Group

Nation Rise Wind Farm Limited Partnership

Oneida Energy Storage LP

Malta Inc.

Wataynikaneyap Power LP

Nuclear Waste Management Organization

Global Pension Investment Fund (GPIF)

Principaux dossiers

  • Advised IFM Investors and Ontario Teachers’ Pension Plan Board on its C$2.8bn acquisition of the Canadian district energy operations of Enwave Energy Corporation from Brookfield Infrastructure Partners LP and its institutional partners.
  • Advised Ontario Power Generation on the Darlington small modular reactor (SMR) project which is being developed as part of the pan-Canadian approach adopted by the provinces of Ontario, New Brunswick, Saskatchewan and Alberta to facilitate the development of SMR nuclear projects in Canada.
  • Represented Ontario Power Generation in its application to the Ontario Energy Board for approval of the amounts it proposes to charge for the output of its regulated nuclear and hydroelectric generating facilities for the period from 2022 to 2026.

Bennett Jones LLP

Bennett Jones LLP houses a well-rounded Calgary-based power practice, which strikes a balance between transactional and regulatory work. The firm’s relationship with trophy client ATCO Group is a key source of mandates and the team recently advised ATCO Energy Solutions on its joint venture with Future Fuel for the development of the Hairy Hill Renewable Natural Gas Project. M&A and projects specialist David Macaulay is the key contact for the Hairy Hill project work and co-chairs the department together with fellow transactional partner Thomas McInerney and Deirdre Sheehan, who has a focus on regulated utilities. Loyola Keough is also noted for his broad regulatory practice, which spans all energy spheres.

Responsables de la pratique:

David Macaulay; Thomas McInerney; Deirdre Sheehan

Principaux dossiers

  • Represented ATCO Energy Solutions in its joint venture with Future Fuel for the Hairy Hill Renewable Natural Gas Project.
  • Advised ATCO Electric on its application to the Alberta Utilities Commission requesting approval of its transmission general tariff application for 2020-2022.
  • Acted for Atlantica Sustainable Infrastructure on its purchase of the Calgary District Energy Centre facility from ENMAX Corporation.

Blake, Cassels & Graydon LLP

A key player in energy projects and transactions, Blake, Cassels & Graydon LLP‘s national team is well-versed across an array of power sectors, including thermal, gas-fired and combined heat and power, nuclear and renewables. Among its recent highlights, Calgary-based Keith Byblow advised Capstone Power Corp on several acquisitions to indirectly acquire a 217.6 MW renewable power generation project. The group also leans on the transactional experience of Toronto-based infrastructure and M&A specialist. Vivian Kung, alongside Montreal managing partner Sébastien Vilder and increasingly active Calgary-based partner Ky Kvisle, whose practice spans a range of natural resources and industrial projects. Energy regulation specialist Terri-Lee Oleniuk, also based in Calgary, is also noted.

Autres avocats clés:

Bryson Stokes; Peter Keohane; Ky Kvisle

Principaux clients

Heartland Generation Ltd. (affiliate of Energy Capital Partners)

BluEarth Renewables Inc.

ENMAX Corporation

Macquarie Capital Markets Canada Ltd.

Enel Alberta Wind Inc.

Potentia

Consortium (BluEarth Renewables Inc., Canadian Solar Solutions; Irricana Power Generation; Elemental Energy Renewables Inc.; Siemens Energy Canada, and RWE Canada Ltd., a subsidiary of RWE AG)

Desjardins Capital Markets

Sumitomo Mitsui Banking Corporation, Canada Branch

Government of Gabon – Ministry of Energy

ABO Wind Canada Ltd.

Enerfin Energy Company of Canada Inc.

Capstone Infrastructure Corp.

EDP Renewables

EDF

Pattern

ENGIE

Principaux dossiers

  • Advised the Government of Gabon, Ministry of Energy, on the negotiation of a concession agreement and a power purchase agreement for the Kinguele Aval 35 MW hydroelectric project in Gabon.
  • Advised Capstone Power Corp and Capstone Infrastructure Corporation on two separate projects.
  • Advised Nutrien Ltd on project matters regarding the development of electrical self-generation and co-generation projects at its Canadian based Nitrogen fertilizer production plants and potash mines.

Davies Ward Phillips & Vineberg LLP

A ‘team of pragmatic experts’, Davies Ward Phillips & Vineberg LLP is highlighted by clients for its ‘expertise in energy project development and financing’. The group also handles a significant volume of investment transactions on behalf of public and private equity investors. Project finance and infrastructure specialist Nicholas Williams is a key contact and recently advised Manufacturers Life Insurance Company on the establishment of credit facilities to finance a portfolio of solar projects in southeast Calgary. Environmental and Indigenous law partner, Sarah Powell, is recommended for her experience in permitting for infrastructure, resource development and manufacturing projects. Transactional partners Brooke Jamison and Anthony Spadaro are also noted. Named practitioners are based in Toronto.

Responsables de la pratique:

Nicholas Williams; Sarah Powell; Anthony Spadaro

Les références

‘Expertise in energy project development and financing.’

‘A team of pragmatic experts, providing a balance of legal and business advice.’

Principaux clients

Hydrostor Inc.

TransAlta Corporation

The Independent Electricity System Operator (IESO)

Fortis Inc.

Hydroméga

Renewable Energy Systems (RES) Canada

Axium Infrastructure Inc.

Manufacturers Life Insurance Company

Stonebridge Financial Corporation

PSP Investments

Principaux dossiers

  • Advised The Manufacturers Life Insurance Company on the establishment of credit facilities to finance a portfolio of solar projects in southeast Calgary.
  • Advised Fiera Capital on the refinancing of a mezzanine facility for Skypower RESOP Holdings LP, which indirectly owns interests in seven 10 MW ground-mount solar photovoltaic projects in Ontario.
  • Acted for PSP Investments on its acquisition of 49% of the Class B interests held by an affiliate of Pattern Energy Group LP in the 271.4 MW Gulf wind project located in Kenedy County, Texas.

Gowling WLG

With platforms in key provinces across Canada, Gowling WLG‘s national power practice is active across the country in a range of conventional and alternative power matters. In Toronto, Thomas Timmins is recommended for his projects expertise; he is acting for Alectra Utilities on the procurement, contract negotiation and roll-out of Ontario’s new generation of advanced metering (AMI 2.0). Other key names in Toronto include Ahab Abdel-Aziz, an expert in nuclear energy who heads the firm's dedicated Nuclear Group; energy regulation expert Ian Mondrow; and acclaimed associate Magdalena Hanebach, who likewise places emphasis on nuclear law.

Responsables de la pratique:

Ahab Abdel-Aziz; Thomas Timmins

Principaux clients

Alectra Inc.

Association des redistributeurs d’électricité du Québec (AREQ)

BrookfieldCapitalPartnersLtd.

CumminsInc.

HenveyInletFirstNation

Hydro One

Kivalliq Inuit Association

Renewable Energy Production Association (“REPA”)

TownofGrimsby

Waste Connections of Canada Inc.

Principaux dossiers

  • Advised Alectra Utilities on the procurement process design, procurement and roll-out of Ontario’s new generation of advanced metering (AMI 2.0).
  • Represented Association des redistributeurs d’électricité du Québec (AREQ) in a file initiated by Hydro-Québec Distribution before the Québec energy board pertaining to the adoption of rates for the use of electricity by blockchain/crypto-miners.
  • Advised the Industrial Gas Users Association (IGUA) before the Québec energy board in the context of a joint request filed by Hydro-Québec and Énergir concerning an application for measures to support the decarbonization of building heating (the bi-energy service offer).

Norton Rose Fulbright

Commended for its ‘strong industry expertise in energy‘, Norton Rose Fulbright‘s power group ‘offers creative solutions to address new problems’, according to sources. The practice also sets itself apart through its ability to draw on the wider global firm’s extensive energy offering. Led from Vancouver by energy regulation partner Matthew Keen, the national group also benefits from the experience of Calgary-based projects specialist, David Eeles, and Ottawa-based transactional energy partner, Alison Babbitt. Among its recent sector highlights, Keen is spearheading a cross-office team representing the Alberta Electric System Operator in a range of proceedings before the Alberta Utilities Commission and the Alberta Court of Appeal.

Responsables de la pratique:

Matthew Keen

Les références

‘We value the firm’s strong partners, excellent quality of legal advice, large network outside Canada, depth of talent pool, excellent service and turnaround time, and strong industry expertise in energy.’

‘Exceptional skill in the power/electricity market. Very aware of current trends and offers creative solutions to address new problems, particularly David Eeles and Lincoln Mitchell.’

Principaux clients

Alberta Electric System Operator (AESO)

Alberta Office of the Utilities Consumer Advocate (UCA)

Association of Major Power Customers of BC (AMPC)

Candu Energy Inc.

ChargePoint Inc.

City of Edmonton

Columbia Power

Copenhagen Infrastructure Partners

Corix Utilities Inc.

Enerflex

FortisAlberta Inc.

HES PV Ltd.

Hydro-Québec

Independent Electricity System Operator

Kiwetinohk Resources Corp.

Rio Tinto Alcan (RTA)

Shell Canada Limited

SNC-Lavalin Group Inc.

Toronto Hydro Corporation

TransAlta Corporation / TransAlta Renewables Inc.

Principaux dossiers

  • Advised Windrise Wind LP, an indirect wholly owned subsidiary of TransAlta Renewables, in connection with a C$172.8m green bond offering.
  • Acted for Copenhagen Infrastructure Partners on the purchase and subsequent development of the 465 MW Travers Solar Power project in southern Alberta.
  • Advised the City of Edmonton on its ‘Road to Renewables’ program, pursuant to which the successful proponent will develop and build new wind and solar renewable energy facilities in Alberta.

Stikeman Elliott LLP

Stikeman Elliott LLP advises on the full power value chain, though is particularly well-known for its strength in Canadian and international projects, including Indigenous-owned and co-owned projects. The team’s regulatory capability is also a key differentiator, and it is active across the country in compliance matters, both non-contentious and litigious. Glenn Zacher co-heads the department and is widely acknowledged as a leading light in the power sphere; he is currently representing the Independent Electricity System Operator on its transformational Market Renewal Program. Other key contacts include Patrick Duffy, who is recommended for regulatory matters and related litigation, as well as transactional partner Lanette Wilkinson. All named practitioners are based in Toronto.

Responsables de la pratique:

Glenn Zacher; Chrysten Perry

Autres avocats clés:

Patrick Duffy; Lanette Wilkinson

Aird & Berlis LLP

Power lawyers at Toronto firm Aird & Berlis LLP are praised as ‘very knowledgeable due to their strong experience in this area‘. Primarily focused on regulatory matters, the group also handles commercial and contentious work. Regulatory specialist Fred Cass co-heads the department together with energy and environmental litigator, Dennis O’Leary. Ron Clark, whose practice spans corporate and commercial matters, is also recommended.

Responsables de la pratique:

Fred Cass; Dennis O’Leary

Autres avocats clés:

Ron Clark 

Les références

The firm helped us with a merger in the electric utility space in Ontario. Lawyers were very knowledgeable due to their strong experience in this area, as well as keeping up to date on the most recent transactions and applicable issues.’

Ron Clark and Dani Shields were the two partners assisting us. They are very knowledgeable about mergers and especially mergers in our industry, and very pragmatic in their approach to generating solutions for us. They understand the urgency of turning around documents with multiple parties involved.’

Very responsive to scheduling meetings to meet our needs. Very understanding of the process when it involves municipal Mayors and Councils.’

Principaux clients

Independent Electricity System Operator

Residential Consumer Intervener Association

Coalition of Large Distributors

Ontario Energy Association

City of Cambridge and Township of North Dumfries

Principaux dossiers

  • Represented the Independent Electricity System Operator (IESO) in connection with the IESO’s submission to the Ontario Energy Board for approval of its 2020 and 2021 expenditure and revenue requirements and fees.
  • Represented the Residential Consumer Intervener Association in BC in several British Columbia Utilities Commission proceedings involving a wide range of issues for utilities in different energy industry sectors, including electricity and natural gas.
  • Represented the Coalition of Large Distributors in connection with the Ontario Energy Board (OEB)’s consideration of the inflation factor to be used in 2022 for OEB rate-making purposes.

Dentons

Dentons‘ national power group forms a significant part of the firm’s overarching Canadian energy offering, with many key lawyers handling both power and oil and gas matters. Transactional partner Vivek Bakshi, who splits his time between Toronto and Calgary, co-heads the department alongside energy regulation specialist, Bernard Roth, in Calgary. Montreal-based litigator Pierre Grenier also has a significant power dimension to his practice.

Responsables de la pratique:

Vivek Bakshi; Bernard Roth

Autres avocats clés:

Pierre Grenier; Helen Newland

Principaux clients

Capital Power Corporation

Rio Tinto Alcan Inc.

Toyota Motor Manufacturing Canada Inc.

Ontario Power Generation Inc.

Syncrude Canada Ltd.

Canadian Solar Inc.

Enbridge Inc.

Investment Management Company of Ontario

Alberta Electric System Operator

Principaux dossiers

  • Advised Capital Power Corporation on its inaugural C$1bn sustainability-linked credit facilities.
  • Acted for a syndicate of banks, led by Scotiabank, on a C$1.1bn issuance by Enbridge of sustainability-linked bonds.
  • Advised Enbridge on the sale to CPPIB of a 49% interest in a portfolio of offshore French windfarms.

Fasken

Fasken‘s combined energy and climate change group stands out for its robust regulatory capability and its ability to draw on the firm’s top-tier Indigenous law practice. A prominent player in electric utility matters, the group advises on a range of hydro, transmission and renewable project applications, as well as rates matters. Montreal-based department co-head André Turmel is noted for his regulatory and project development expertise, while Calgary-based firm managing partner Peter Feldberg and Vancouver-based litigator, Christopher Bystrom, are also recommended.

Responsables de la pratique:

Ron Ezekiel; Andre Turmel

Principaux clients

FortisAlberta Inc.

BC Hydro & Power Authority

FortisBC Inc.

CIBC

Cycle Capital Management

Sumitomo Corporation

Principaux dossiers

  • Advising BC Hydro and Power Authority on the Site C hydroelectric dam, generating station and related facilities on the Peace River in northeast British Columbia, including on a cooperative federal-provincial environmental assessment.
  • Acting as lead regulatory counsel to FortisBC in connection with rate design for electric vehicle direct current fast-charging stations operated by a regulated public utility.
  • Advising CIBC, as the underwriters, on Innergex Renewable Energy’s C$201m bought deal public offering.

Lawson Lundell LLP

With a focus on Western and Northern Canada, Vancouver-based Lawson Lundell LLP brings extensive experience in representing developers, governments and crown corporations on power-related matters. The group is best known for its regulatory expertise, with Vancouver-based regulatory litigation chair Jeff Christian sought after for his depth of experience in this sphere, as evident by his role as relationship partner for BC Hydro. Other key regulatory contacts include senior counsel Lewis Manning in Calgary and up-and-coming Vancouver-based partner, Clara Ferguson. On the transactional front, Lana Shipley is a key contact.

Autres avocats clés:

Ian Webb; Clara Ferguson

Principaux clients

British Columbia Hydro and Power Authority (BC Hydro)

Direct Energy Marketing Ltd.

Powerex Corp.

Greengate Power Corporation

Milner Power

Enel Green Power North America, Inc.

TransAlta Corporation

Province of British Columbia

Remington Development Corporation

Canadian Association of Petroleum Producers

Principaux dossiers

  • Advised BC Hydro and Power Authority on all aspects of the development of its 2021 Integrated Resource Plan and the related BC Utilities Commission application.
  • Advised Direct Energy Marketing Limited on its application with the Alberta Utilities Commission for approval of its 2020-2022 Energy Price Setting Plan.
  • Represented Enel Green Power North America on the structuring of wind farm projects, including advising on the regulatory approval process, and negotiating and preparing development and operating agreements with certain third-party regulators and operators.