Bennett Jones

Education

University of British Columbia, BSc (Animal Biology), 1995 University of Alberta, LLB with distinction, 1999

Bar Admissions

Alberta, 2000 British Columbia, 2015

Simon Foxcroft

Partner
Co-Head of Corporate Department

T: 780.945.4756 / E: foxcrofts@bennettjones.com

Edmonton

Simon Foxcroft has a commercial practice predominantly focused on the drafting, negotiation and administration of complex high-value transactional contracts. Specific areas of focus include mining projects, energy projects, logistics, transportation and construction.

Simon also provides advice with respect to occupational health and safety related matters throughout Western Canada. In particular, he is involved in providing advice in relation to large mining and energy construction projects and he is frequently called upon to provide specialist advice in relation to complex merger and acquisitions. He also advises clients on all aspects of incident response and management. He acts for various industry safety organizations and for both owners and contractors.

Having spent three years as lead in-house counsel for a leading Canadian mining company, Simon is intimately familiar with all aspects of a mining business including: the negotiation and preparation of international and domestic purchase and sale agreements; the loading, storage, railing and shipping of commodities; the day to day operations of a working mine; and the negotiation and preparation of equipment supply and purchase agreements.

Simon regularly advises clients on construction related matters and has been involved in a wide variety of construction projects including: gas plants; pipelines; renewable energy projects; power generation facilities; underground gas storage facilities; carbon capture facilities; tank farms; food production plants; transloading facilities; light rail lines; coal mine infrastructure; an activated carbon plant; and the extensive construction and upgrading of various electrical distribution and transmission facilities.

Select Experience

Greenland Resources in its off-take agreement with Finnish Outokumpu, for the long-term supply of molybdenum oxide, a critical raw material in Europe
Omega Morgan Holdings, Inc. in its acquisition of Donald Rigging Ltd.
Nippon Steel Corporation in its $1.15-billion investment in Elk Valley Resources Ltd., a steelmaking coal business to be spun-out as an independent public company from Teck Resources Ltd.
Norwesco Canada Ltd. in its $8.75-million acquisition of Xactics International Inc.
Special Advisor to the Board of Directors of the Alberta Mining Safety Association
GigaMetals Corporation in its joint venture arrangement with Mitsubishi Corporation to develop the Turnagain Nickel Project in British Columbia
Canadian Utilities Limited, as part of the successful proponent team (including Quanta Services, Inc. and Innovative Emergency Management) on behalf of LUMA Energy, LLC, in connection with the Operation and Maintenance Agreement awarded to LUMA Energy, LLC for the operation and maintenance of The Puerto Rico Electric Power Authority (PREPA) valued at $1.6 billion
i-80 Gold Corp. in its $190 million (US$150 million) acquisition of Ruby Hill Mining Company, LLC
i-80 Gold Corp. in its acquisition of the Lone Tree and Buffalo Mountain mineral projects from affiliates of Barrick Gold Corp. and Newmont Corporation and related acquisition and development financings totaling up to over US$325 million, including equity private placements, and convertible debt and precious metals streams with affiliates of Orion Mine Finance
Premier Gold Mines Limited, in its $612-million acquisition by Equinox Gold Inc. pursuant to a plan of arrangement
Stone Canyon Industries Holdings LLC and Kissner Group Holdings, as Canadian OHS counsel, in their US$3.2-billion agreement to acquire K+S Aktiengesellschaft's North and South American salt business, including Morton Salt and Windsor Salt
CST Canada Coal Limited, in its acquisition of coal assets of Grande Cache Coal LP and Grande Cache Coal Corporation for aggregate consideration of approximately US$433.9 million
i-80 Gold, a Nevada-focused mining company, in its US$135-million streaming, offtake and debt financing package with an affiliate of Orion Mine Finance and a fund managed by Sprott Asset Management USA
Encana Corp. with its development of multi-billion-dollar natural gas processing plants program in the Montney region of BC (EPCM)
ATCO Electric Ltd., as part of the successful proponent team on behalf of the Alberta Powerline consortium, in the Fort McMurray West 500 kV Transmission Project, a design, build, own, operate and finance project valued at $1.43 billion
ATCO Electric Ltd., in the project development of a CAD multi-billion electric transmission infrastructure program
Flint Energy Services Ltd., in its $190-million acquisition of IPEC Limited
ATCO Power, OHS lead in the negotiation of a design build and O&M contract for the Fort Chipewyan Phase 2 2.2MW ground mount photovoltaic solar project
Premier Gold Mines Limited, in the US$300-million acquisition by Orion Mine Finance of a 50% interest in Greenstone Gold Mines LP’s Hardrock Project from Centerra Gold Inc.
Magna Gold Corp., in its approximately $19.5-million acquisition of Molimentales del Noroeste, S.A. de C.V., which owns 100% of the San Francisco Mine located in Sonora, Mexico, from Alio Gold Inc.
Trans Mountain Pipeline L.P., in preparation and negotiation of construction contracts required for the completion of the Trans Mountain Expansion Project (safety)
Encana Corp., with its development of multi-billion-dollar natural gas processing plants program in the Montney region of BC (EPCM) (safety)
CST Canada Coal Limited, in its acquisition of coal assets of Grande Cache Coal LP and Grande Cache Coal Corporation for aggregate consideration of approximately US$433.9 million
Di-Corp Sand Transloading LP, in the divestiture of Grande Prairie Transload facility to BMC Northern Resources Inc.

Recent Recognitions

Canadian Legal Lexpert Directory

Consistently Recommended, Environmental, Social & Governance ESG
Repeatedly Recommended, Corporate Commercial Law; Infrastructure Law
Lexpert Report on Business Special Edition—Canada's Leading Energy Lawyers

Recognized as a leading Energy lawyer
Lexpert Special Edition—Canada's Leading Infrastructure Lawyers

Recognized as a leading Infrastructure lawyer
Lexpert Report on Business Special Edition—Canada's Leading Global Mining Lawyers

Recognized as a leading Mining lawyer
Best Lawyers in Canada

Recognized for Construction Law, 2020 - 2024

Recent Insights, News & Events

Edmonton Construction Breakfast
Event / September 22, 2025
Join partners Jonathan Hillson, Artem Barsukov, Simon Foxcroft and Mark Kortbeek for a practical discussion on key legal considerations at every stage of an infrastructure or construction project.
Major Change in Alberta Occupational Health and Safety Scene Disturbance Law
Blog / May 26, 2025
In a blink-and-you’ll-miss-it moment in April 2025, the Government of Alberta issued a Director Order that significantly altered the legal landscape concerning work site incident scene disturbances. In essence, we have returned to the law as originally written.
Canada’s Greenland Resources Signs Ten Year Off-Take Agreement to Supply Molybdenum to Finland’s Outokumpu
Client Work / February 28, 2025
Greenland Resources announced it has signed an off-take agreement with Finnish Outokumpu, the largest producer of stainless steel in Europe and the second largest producer in the Americas, for the long-term supply of molybdenum oxide, a critical raw material in Europe.
New B.C. Tower Crane Requirements in Effect October 1, 2024
Blog / October 29, 2024
On October 1, 2024, WorkSafeBC introduced new regulations (the Crane Regulations) regarding tower crane safety which amend Part 14 of the Occupational Health and Safety Regulation in British Columbia. The Crane Regulations will require every employer responsible for tower crane activity to submit a Notice of Project–Tower Crane to WorkSafeBC and to ensure a qualified supervisor is in place.
42 Lawyers Recognized in Lexpert Special Edition: Energy and Mining 2024
Announcements / September 09, 2024
42 Bennett Jones lawyers have been recognized for their legal expertise in the Lexpert Special Edition: Energy and Mining 2024. This issue highlights the latest industry developments, trends and legal issues including how the demand for critical minerals, ESG accountability and Indigenous consultation is reshaping dealmaking.
Varme Energy Negotiates First of its Kind Waste-to-Energy Agreement with the City of Edmonton
Client Work / February 14, 2024
Bennett Jones has assisted Varme Energy Inc. in successfully negotiating a first of its kind waste-to-energy agreement with the City of Edmonton. The agreement sees the City diverting approximately 150,000 tonnes of residential garbage per year to a privately funded and operated waste-to-energy facility located 40 kilometers northeast of Edmonton. Once operational, the facility will be Canada’s first industrial-scale, waste-to-energy facility with carbon capture.
Bennett Jones Lawyers Recognized in Best Lawyers in Canada 2024
Announcements / August 24, 2023
104 Bennett Jones lawyers have been recognized across 46 practice areas in the 2024 edition of Best Lawyers in Canada. The recognized lawyers work in Bennett Jones' offices across Canada in Calgary, Edmonton, Toronto and Vancouver, highlighting the firm's national expertise.
ESG: A Catalyst for Economic Development
Articles / May 25, 2023
Ceilidh Hemmati, Simon Foxcroft and Nolan Okrusko have written a white paper for Edmonton Global entitled ESG as a Catalyst for Economic Development.
Nippon Steel Commits to $1.15 Billion Investment in Elk Valley Resources in Teck Spin Off
Client Work / February 22, 2023
Bennett Jones is representing Nippon Steel Corporation in its proposed $1.15 billion investment in Elk Valley Resources Ltd. (EVR), a steelmaking coal business to be spun-out as an independent public company from Teck Resources Ltd. Nippon Steel and EVR have agreed that concurrently with the completion of the investment, they will enter into long-term coal offtake rights agreement, under which EVR will supply steelmaking coal to Nippon Steel.
DCRD in C$1.39 Billion Business Combination with Hammerhead Resources
Client Work / September 27, 2022
Bennett Jones is acting for Decarbonization Plus Acquisition Corporation IV (DCRD), a special purpose acquisition company, in its C$1.39 billion business combination with Hammerhead Resources Inc., a Calgary-based energy company. Upon closing of the transaction, the combined company is be listed on the Nasdaq.
Lexpert’s Leading Canadian Infrastructure Lawyers
Announcements / June 22, 2022
Thirty-eight Bennett Jones lawyers are ranked in the 2022 Lexpert special edition of Canada’s Leading Infrastructure Lawyers. The issue profiles Lexpert-ranked lawyers in business-related litigation and appears in June’s Report on Business Magazine in the Globe and Mail.
Occupational Health and Safety Issues in Construction: Key Issues for Managing Risk
Speaking Engagements / February 23, 2022
Jennifer Miller and Simon Foxcroft present "Occupational Health and Safety Issues in Construction: Key Issues for Managing Risk" for The Osgoode Certificate in Construction Law (Western Canada).
Bill 82—Laying the Groundwork for Alberta's Future as a Mineral Producer
Blog / December 01, 2021
Demand for rare earth and critical minerals like lithium, uranium, nickel and vanadium is growing worldwide. Recently, the government of Alberta has taken steps to position the province as a contributor to this emerging global market. As part of this campaign, the government recently introduced the Renewing Alberta's Mineral Future strategy and action plan (the Strategy) and Bill 82.
Simon Foxcroft in OHS Change Updates 2021
Speaking Engagements / November 10, 2021
Simon Foxcroft speaks at the Alberta Municipal Health and Safety Association's OHS Change Updates – Coming into Effect December 1st 2021.
New Alberta Occupational Health and Safety Laws to Take Force December 1, 2021
Blog / November 09, 2021
On December 1, 2021, sweeping changes to Alberta's current occupational health and safety legislation will come into force. The new laws rectify many of the previous challenges that arose from ambiguous and overly prescriptive statutory provisions, but in the short term, the revisions will constitute yet more change for employers already struggling to adapt their workplace policies and procedures to the ongoing pandemic. While there are many alterations to Alberta's existing occupational health and safety legislation, this article only addresses a number of the material changes.
Bennett Jones' Best Lawyers in Canada 2022
Announcements / August 26, 2021
146 Bennett Jones lawyers have been recognized across 48 practice areas in the Best Lawyers in Canada 2022 edition, with 44 lawyers having earned recognition in multiple practice areas. The recognized lawyers work in Bennett Jones' offices across Canada in Calgary, Edmonton, Toronto and Vancouver, highlighting the firm's national expertise.
36 Bennett Jones Lawyers Ranked in Lexpert Special Edition on Infrastructure
Announcements / August 05, 2021
Thirty-six Bennett Jones lawyers are ranked in the 2021 Lexpert Special Edition: Infrastructure 2021.
Occupational Health and Safety Issues in Construction: Key Issues for Managing Risk
Speaking Engagements / April 20, 2021
Jennifer Miller and Simon Foxcroft present "Occupational Health and Safety Issues in Construction: Key Issues for Managing Risk" for The Osgoode Certificate in Construction Law (Western Canada).
Recent Amendments to the British Columbia Health, Safety and Reclamation Code
Blog / April 14, 2021
On April 1, 2021, as part of an ongoing review and revision process, seven amendments to the Health, Safety and Reclamation Code for Mines in British Columbia came into force. The Code, and its enabling statute, the Mines Act, are the primary sources for health and safety regulation of mining operations in British Columbia. Among other things, the Code establishes the responsibility of mine managers to actively identify work place hazards, and to mitigate the risk that such hazards pose to workers.
Reinstatement of the 1976 Coal Policy
Blog / February 12, 2021
On June 1, 2020, the Government of Alberta rescinded A Coal Development Policy for Alberta, which was also commonly known as the "1976 Coal Policy". The authors published Alberta to Rescind Coal [...]
Simon Foxcroft and Keely Cameron in Canadian Mining Journal
In The News / December 04, 2020
Simon Foxcroft and Keely Cameron write in Canadian Mining Journal on what the Supreme Court of Canada's Redwater decision means for mining companies.
Proposed Sweeping Changes to Alberta's Occupational Health and Safety Act
Blog / November 09, 2020
Bill 47: Ensuring Safety and Cutting Red Tape Act, 2020, was introduced in the Alberta Legislature on November 5, 2020, and, if passed, will come into force on September 1, 2021. Among other things, Bill 47 comprehensively overhauls occupational health and safety legislation by replacing the current Occupational Health and Safety Act with a new act.
Bennett Jones Leads Canada in Energy Law
Announcements / October 26, 2020
Bennett Jones has 52 lawyers ranked in Lexpert's Special Edition: Energy 2020—more than any other law firm in Canada. Ranked lawyers provide services in oil & gas, electricity, alternative and nuclear energy. Bennett Jones has been intimately involved in virtually every major energy development project in Canada in the past 20 years, representing project proponents, investors and other stakeholders.
Bennett Jones Advises on $3.2-Billion Agreement to Acquire K+S Americas Salt Business, Including Morton Salt and Windsor Salt
Client Work / October 04, 2020
Bennett Jones served as Canadian counsel to Stone Canyon Industries Holdings LLC (SCIH) and Kissner Group Holdings in their agreement to acquire K+S Aktiengesellschaft's North and South American salt [...]
Simon Foxcroft and Keely Cameron on the Mining Sector and Environmental Liability
Speaking Engagements / September 16, 2020
Simon Foxcroft and Keely Cameron spoke on CIM's Calgary webinar on how the Supreme Court of Canada's decision in Orphan Well Association v. Grant Thornton Ltd. (the Redwater Decision) is impacting the [...]
COVID-19 Relief for Saskatchewan Mining Companies
Blog / June 30, 2020
On June 12, 2020, the Government of Saskatchewan announced amendments to The Mineral Tenure Registry Regulations in response to the state of emergency declared on March 18, 2020, due to the COVID-19 pandemic. On June 18, 2020, the amendments passed third reading.
Alberta to Rescind Coal Development Policy
Blog / May 21, 2020
Effective June 1, 2020, the Government of Alberta is rescinding A Coal Development Policy for Alberta, also known as the 1976 Coal Policy.
Maximizing Your Safety Compliance and Efficiency In a Trying Economic Environment
Blog / May 12, 2020
"When fishermen cannot go to sea, they mend their nets." The pandemic has created very challenging economic conditions while the health hazard of the virus has itself brought occupational health and safety (OHS) issues to the forefront. Complying with OHS laws is difficult at the best of times, but how do you cope when your budgets are slashed, your workforce is diminished, your work sites are at risk of viral contamination and workers may be working remotely?
Lexpert Ranks 28 Bennett Jones Lawyers as Infrastructure Leaders
Announcements / September 27, 2019
28 Bennett Jones lawyers have been ranked in The Lexpert Special Edition – Canada's Leading Infrastructure Lawyers.
Bennett Jones Leads Canada in Energy Law
Announcements / September 02, 2019
Bennett Jones has 49 lawyers ranked in Lexpert’s 2019 Special Edition—Canada’s Leading Energy Lawyers, more than any other firm. The rankings appear in the Globe and Mail’s Report on Business magazine.
Bad for Business: How Employers Deal with Problem Employees
Blog / February 28, 2019
Troublesome employees can disrupt a workplace and subject employers to reputational and economic costs. A panel from the Bennett Jones Employment Services group recently shared their views on four [...]
“Bad For Business”: How Employers Deal with Problem Employees
Speaking Engagements / February 13, 2019
Barbara Stratton, Simon Foxcroft, Matt Riskin and Katherine Fisher co-presented "Bad For Business": How Employers Deal with Problem Employees.
Simon Foxcroft on Tech Innovation at ConvergX 2019
Speaking Engagements / February 07, 2019
Simon Foxcroft moderated a panel on Tech Innovation: From Subsurface to Space at the ConvergX 2019 Conference in Calgary. The three day conference brought together business executives and decision makers in the aerospace, defence, security, energy, mining sectors and the military.
ICN Luncheon 2019
Speaking Engagements / January 17, 2019
Simon Foxcroft presents "An Overview of the Material Changes under the New Alberta Occupational Health and Safety Act and a Review of some of the Lesson Learned from Investigations and Incidents that Arose in the Second Half of 2018" at the ICN Luncheon held in Calgary, Alberta. The speaker will provide attendees with a checklist of the more material changes under the new health and safety legislation introduced in June 2018 and will share some practical observations on the negotiation of work site health and safety responsibility, investigation practices and reporting obligations.
2018 Bennett Jones Employment Symposium - Cannabis - Second Session
Speaking Engagements / November 21, 2018
John Gilmore, John Batzel, Simon Foxcroft and Matthew Macdonald presented at the 2018 Bennett Jones Employment Symposium- Second Session on OH&S issues arising from Cannabis in the Workplace "Clearing the Smoke: Addressing the Uncertainty Around Cannabis in the Workplace".
Crude by Rail and Negotiating Tank Car Leases: Best Practices
Blog / November 05, 2018
Canadian crude oil exports by rail keep reaching all-time highs. Over 229,500 bbl per day were transported in August 2018, according to the National Energy Board. This was the fifth month in a row a new [...]
2018 Bennett Jones Employment Symposium - Cannabis in the Workplace
Speaking Engagements / October 31, 2018
John Gilmore, John Batzel, Simon Foxcroft and Matthew Macdonald presented at the 2018 Bennett Jones Employment Symposium on OH&S issues arising from Cannabis in the Workplace "Clearing the Smoke: Addressing the Uncertainty Around Cannabis in the Workplace".
Bennett Jones on Canadian Minerals and Metals Plan
In The News / August 27, 2018
David Bursey, Simon Foxcroft, Sharon Singh and Charlotte Teal write in Canadian Mining Journal on the key aspects of the Canadian Minerals and Metals Plan (CMMP). Expected to launch in 2019, the CMMP aims to enhance Canada’s competitiveness in the global mining industry and increase opportunities domestically and internationally.
Contractual Interpretation in the Post Sattva World: What You Need to Know in 2018
Event / March 22, 2018
Bennett Jones is pleased to present the first of a speaker series exclusively offered to corporate counsel in the Edmonton area. We will present on a variety of topical legal subjects and invitees will have the chance to network with their peers.
2018 Alberta Construction Safety Association Conference
Speaking Engagements / March 08, 2018
Simon Foxcroft presents at the 2018 ACSA Conference "Safety Without Borders".
Dramatic Revision of the Alberta Occupational Health and Safety Act
Updates / December 06, 2017
Bill 30: An Act to Protect the Health and Well-being of Working Albertans (the New Act), received its first reading in the Legislative Assembly of Alberta on November 27, 2017. If enacted in its current form, the New Act will materially alter Alberta's Occupational Health and Safety Act (the Current Act) and expand the nature of the health and safety obligations owed by employers and businesses in Alberta. The New Act states that, subject to certain exempted provisions, it will come into force on June 1, 2018.
Precedent Setting Alberta OHS Case: Excavation Company Director Sentenced to Jail
Blog / November 02, 2017
A precedent setting occupational health and safety (OHS) case was heard in the Alberta Court yesterday. For the first time in Alberta's history, a worker who was also a company director was sentenced to jail for a period of four months following his conviction under the Alberta Occupational Health and Safety Act.
Simon Foxcroft in Canadian Mining Journal
In The News / April 03, 2017
Simon Foxcroft writes in Canadian Mining Journal on the importance for Canadian mining companies to demonstrate the requisite level of due diligence following a workplace incident. In this full-page column, Simon looks at the key questions companies need to ask to assess where an OHS system stands. Is your safety system about to let your workers down?
University of Alberta Faculty of Engineering Intellectual Property Law Presentation
Speaking Engagements / March 10, 2016
Simon Foxcroft presents a seminar for the Eng 400 graduating engineering class on the basics of Intellectual Property law.
University of Alberta Law School Sustainable Energy Development Presentation
Speaking Engagements / March 02, 2016
Simon Foxcroft speaks on an expert panel discussing the issue of sustainable energy development in Canada at a forum hosted by the Energy Law Club and the Environmental Law Students Association.
The Only Constant Is Change: Yet More Amendments to BC's Workers Compensation Act
Blog / December 14, 2015
On October 7, 2015, we wrote about numerous changes that were being made to BC's Workers Compensation Act (WCA) pursuant to Bill 9 (see Recent Amendments to the Workers Compensation Act give WorkSafeBC Enhanced Compliance Powers). The amendments that came into force under Bill 9 greatly enhanced WorkSafeBC's powers with respect to the enforcement of occupational health and safety compliance. These amendments brought significant change; but more was on the way. Further amendments to the Act are being introduced under Bill 35.
The Oil and Gas Law Review - Canada
Articles / November 29, 2013
Canada is a federal state and a constitutional monarchy and parliamentary democracy composed of ten provinces and three territories. There are three primary areas of focus for oil and gas development in Canada:(1) conventional and unconventional project developments in Western Canada (i.e., Alberta, British Columbia and Saskatchewan); (2) projects in Northern Canada; and (3) offshore projects along Canada's east coast (primarily Nova Scotia, Newfoundland and Labrador). Each area has a different legislative landscape and may require a variety of regulatory approvals from federal and provincial authorities. Published by Law Business Research and reproduced with permission.
Bennett Jones Welcomes New Partners for 2013
Announcements / March 09, 2013
At the annual meeting of the Partners of Bennett Jones LLP this past weekend, it was resolved that these eight talented lawyers be admitted to the partnership.
USPTO Patent Prioritized Examination
Updates / April 27, 2011
In 2010, the United States Patent and Trademark Office (USPTO) proposed the implementation of certain procedures designed to give patent applicants more control over the timing of the examination of original plant and utility patent applications.