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David J. Macaulay

Partner

Partner |

T: 403.298.3479

Calgary

Macauley David
 
  • Recent Experience
  • Recent Recognition
  • Insights, News & Events
  • Related Services

T: 403.298.3479


Calgary

  • Education
  • Bar Admissions
  • Recent Experience
  • Recent Recognition
  • Insights, News & Events
  • Related Services
  • Recent Experience
  • Recent Recognition
  • Insights, News & Events
  • Related Services

David Macaulay is the co-head of the firm's power and renewable energy practice group. He represents clients in the energy sector, both domestically and internationally. He has significant experience in the development of commercial energy projects, in both the renewable and non-renewable sectors, with an emphasis on structuring power projects (solar, biomass, gas, coal, hydro, wind, battery and other fuels), pipelines, storage (including carbon capture) and other energy infrastructure projects, renewable natural gas and conventional oil and gas projects as well as joint ventures with Indigenous groups relating to such projects.

In respect of Canadian frontier energy projects, David has acted in respect of Mackenzie Valley Pipeline and the Terra Nova and Sable Island offshore projects. Internationally, he has represented clients in the acquisition of significant energy infrastructure assets in Australia and the structuring of power development projects in the United Kingdom, Australia, Mexico and South America.

David has been recommended as a leading energy lawyer by various legal directories including Chambers Global, Chambers Canada, The Legal 500 and The Canadian Legal Lexpert Directory. He serves as a director of a number of private corporations, was the past chairman of the board and a long-term board member for Lindsay Park Sports Society, which operates the Repsol Talisman Centre for Sport and Wellness, and is involved in the Scholars Academy Mentorship Program with the University of Calgary.

Education

University of Alberta, BComm, 1984 University of Toronto, JD, 1988 

Bar Admissions

Alberta, 1989

Recent Experience

Power
Pipelines
Oil & Gas & Storage
Mining & Related Services
Aboriginal Joint Ventures
Canadian Utilities Limited, an ATCO company, in the sale of its entire Canadian fossil fuel-based electricity generation portfolio for approximately $835 million, which was completed in three stages, through the sale of its interest in the Cory project in Saskatchewan to SaskPower International Inc., a sale of its interest in the Brighton Beach project in Ontario to Ontario Power Generation Inc., and a sale of the balance of the applicable generation assets through a sale of its equity interest in ATCO Power Canada Ltd. to Heartland Generation Ltd., an affiliate of Energy Capital Partners.  
ATCO Electric Yukon, an electric utility company operating in the Yukon, in respect of the 25-year Electricity Purchase Agreement with the Vuntut Gwichin First Nation for the acquisition of renewable electricity from the first nation's solar energy project in the community of Old Crow under the Yukon Government's Independent Power Production Policy.
ATCO Electric Yukon and Yukon Electric Corporation, each an electric utility company operating in the Yukon, in respect of the development of the Standing Offer Program Rules and related long term Electricity Purchase Agreement for the acquisition of renewable electricity from proponents under the Yukon Government's Independent Power Production Policy.
ATCO Power (416 MW cogeneration power project at the Nova Chemicals petro-chemical site at Joffre, Alberta), with the negotiation and structuring of commercial agreements including electricity and steam supply agreement, ownership agreements, site host and services agreements.
ATCO Power (1000 MW gas fired Thames Power Project in London, England), with various commercial matters.
Alberta Power (2000) Ltd. (670 MW coal fired Battle River generating station near Forestburg, Alberta), with its power purchase and coal supply arrangements.
Alberta Power (2000) Ltd. (760 MW coal fired Sheerness generating station near Hanna, Alberta), with its power purchase and coal supply arrangements.
Alberta Power (2000) Ltd., with the acquisition by ENMAX Corporation of the Battle River power purchase arrangement from EPCOR Utilities Inc.
Alberta Power (2000) Ltd., with the acquisition by TransCanada Energy Ltd. of the 760 MW Sheerness power purchase arrangement from the Alberta Balancing Pool.
Drayton Valley Power Income Fund, with its various generation facilities including the Dickson Dam hydro facility and its waste to power facilities at Westlock, and Drayton Valley, Alberta utilizing wood waste and peat.
Drayton Valley Power Income Fund, with its $63 million acquisition by Algonquin Power.
A client, with a potential 800 MW coal fired generating station in South America.
ATCO, with the development of a 120 MW gas fired generating station in Karratha, Western Australia including the negotiation of commercial agreements including a power purchase agreement, equipment supply arrangements and site agreements.
Mackenzie Valley Aboriginal Pipeline Group, regarding the multi-billion dollar Mackenzie Valley Pipeline Project, in connection with the negotiation and structuring of commercial agreements including ownership agreements among various aboriginal groups and various development, operating, shipping and financing agreements with Imperial Oil, ExxonMobil, ConocoPhillips, Shell and TransCanada Pipelines.
Access Pipeline Inc., with a $400-million joint venture between MEG Energy Corporation and Devon ARL Canada Corporation.
ATCO Energy Solutions Ltd., in its joint venture development with Petrogas Energy Corp. for the Strathcona Storage Facility, a liquids storage cavern business, near Fort Saskatchewan, Alberta, including associated long-term propane, butane and ethylene storage services agreements, interconnection pipelines and associated transportation rights, product loading and transfer services.
ATCO Ltd., acquires Western Australia Gas Networks (WAGN) in Perth, Australia, for $1 billion. WAGN is a natural gas distribution utility that serves more than 620,000 customers through 12,800 km of natural gas pipelines and associated infrastructure in the Perth metropolitan area including Mandurah, as well as the surrounding regions of Geraldton, Bunbury, Busselton, Kalgoorlie, Albany, Harvey, Pinjarra, Brunswick Junction and Capel.
Mosbacher Operating Ltd., with negotiation and structuring of commercial agreements relating to the multi-billion dollar Sable Offshore Energy Project.
Mosbacher Operating Ltd., with negotiation and structuring of commercial agreements respecting the multi-billion dollar Terra Nova Project including ownership, operating, development, transportation and royalty matters.
ATCO Gas, with its $550-million sale of Viking assets to Burlington.
Inuvialuit Land Corporation and Inuvialuit Regional Corporation, in structuring, drafting and negotiating concession agreements regarding the Inuvik and Tuktoyaktuk blocks in the Mackenzie Delta.
Inuvialuit Petroleum Corporation, with the Inuvik Gas Project with AltaGas and Enbridge including negotiation of joint operating, gathering, processing, and transportation agreements, CO&O agreements and gas sales contracts.
Pengrowth Energy Trust, with its acquisition of Imperial Oil's interests in the Judy Creek/Swan Hills area.
Inuvialuit Petroleum Corporation, with its acquisition and divestiture of oil and gas assets in Western Canada.
RTL Enterprises, with its diesel storage facility in the Northwest Territories including the negotiation of long-term storage agreements with various mining companies.
ATCO Midstream, with negotiation and structuring of storage services agreements respecting its Carbon Gas Storage Facility.
ATCO Power, with its long-term coal supply agreements with Prairie Mines (formerly Luscar and Manalta) for the Battle River and Sheerness coal fired generating stations.
Shore Gold Inc., with the acquisition by Kensington Resources Ltd., a wholly-owned subsidiary of Shore Gold, of the entire participating interest in the Fort á la Corne Joint Venture (FALC JV) of each of Cameco Corporation, UEM Inc. and De Beers ($245 million).
Shore Gold Inc., with the sale by Kensington Resources Ltd., a wholly-owned subsidiary of Shore Gold, of a 40-percent participating interest in the Fort á la Corne Joint Venture (FALC JV) to Newmont Mining Corporation of Canada Limited for $170.4 million.
Idemitsu Uranium Exploration Canada Ltd., with various commercial matters regarding the Cigar Lake Uranium Mine project.
ATCO Structures & Logistics Ltd., with the sale of its 50-percent interest in TecnoFast, being its South American joint venture modular housing operations, to its co-venturer, TecnoFast S.A., for $124 million. The business of TecnoFast involved space rental and workforce housing fleet assets as well as manufacturing facilities and offices in Chile, Peru, Colombia, Argentina and Brazil.
Mackenzie Valley Aboriginal Pipeline Group, regarding the multi-billion dollar Mackenzie Valley Pipeline Project, in connection with the negotiation and structuring of agreements addressing the unique commercial and financial elements of this aboriginal joint venture project.
ATCO, with its joint venture with Fort McKay First Nation regarding the development of long term work camp accommodation projects in northern Alberta.
ATCO, with numerous joint ventures with aboriginal groups in BC, Alberta, the Northwest Territories and Nunavut.
Cranes, Inc., operating as NCSG Crane & Heavy Haul Corporation, with its joint ventures with various Indigenous groups in British Columbia, Alberta, Saskatchewan, Manitoba and the Northwest Territories providing crane, lifting and heavy haul services in support of major industrial and commercial projects.

Recent Recognition

Chambers Canada
Ranked, Energy: Power (Transactional) - Nationwide
Chambers Global: The World's Leading Lawyers for Business
Ranked, Energy: Power (Transactional)
The Legal 500: Canada
Leading Lawyer, Energy - Power
The Canadian Legal Lexpert Directory
Repeatedly Recommended, Corporate Commercial Law
Repeatedly Recommended, Energy (Electricity)
Repeatedly Recommended, Infrastructure Law
LexisNexis Martindale-Hubbell
Received a BV Distinguished Peer Review Rating
Lexpert/Report on Business Special Edition - Canada's Leading Energy Lawyers
Recognized as a leading energy lawyer in Canada
Lexpert/Report on Business Special Edition - Canada's Leading Infrastructure Lawyers
Recognized as a leading infrastructure lawyer in Canada
Who's Who Legal: Canada
Recognized as a leading lawyer in the area of energy
Who's Who Legal: Energy
Recognized as one of the world's leading energy lawyers
Best Lawyers in Canada
Recognized as one of Canada's leading Energy lawyers

Insights, News & Events

Announcements

Bennett Jones Leads Canada in Energy Law

October 27, 2020
       

Announcements

Bennett Jones is Recognized in Chambers Canada 2021

September 10, 2020
       

Announcements

39 Bennett Jones Lawyers Ranked as Infrastructure Leaders

September 03, 2020
       

Announcements

Bennett Jones in Chambers Global 2020

February 13, 2020
       

Announcements

Bennett Jones is Top-Tier in The Legal 500

November 18, 2019
       

Announcements

Lexpert Ranks 28 Bennett Jones Lawyers as Infrastructure Leaders

September 27, 2019
       

Announcements

Bennett Jones' Leading Lawyers in Chambers Canada 2020

September 19, 2019
       

Announcements

Bennett Jones Leads Canada in Energy Law

September 03, 2019
       

Announcements

Bennett Jones in Chambers Global 2019

February 14, 2019
       

Announcements

Bennett Jones in Who’s Who Legal: Canada 2018

November 01, 2018
       
2018
Mar
19
       

Event

Annual IPPSA Conference

Calgary

Blog

Government of Alberta Announces New Rounds of Renewable Electricity Program

February 07, 2018
       

Announcements

Four Bennett Jones Practices Ranked Band 1 by Chambers Global 2017

March 16, 2017
       

Blog

Renewable Energy Progress: Alberta's proposed Renewable Electricity Act and Key Provisions of the RESA

November 16, 2016
       

In the News

21 Bennett Jones Infrastructure Lawyers Canadian Leaders

August 26, 2016
       

Blog

Advancing Energy Efficiency Programs in Alberta

June 10, 2016
       

Blog

AESO's Recommendations on Renewable Electricity Program

June 03, 2016
       

Blog

Alberta Renewable Electricity Program Begins with AESO Consultation

March 07, 2016
       

Related Services

Aboriginal Law
Project Finance
Power & Renewables
Transportation
Commercial Transactions
Banks & Financial Institutions
Franchising
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Energy

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