Thomas Machell

Associate

 machellt@bennettjones.com
Education
University of Alberta, BSc (Mining Engineering), 2016, with Distinction, Gold Medalist
University of Calgary, JD, 2020
Bar Admissions
Alberta, 2021
Overview

Thomas Machell has a general energy regulatory practice with broad experience in the areas of project development, utility rates and tolling matters as well as environmental, Indigenous and surface rights law. Thomas has assisted clients in proceedings before various federal and provincial administrative tribunals including the Canada Energy Regulator, the Alberta Utilities Commission, the Alberta Energy Regulator, the Natural Resources Conservation Board, the Environmental Appeals Board and the Land and Property Rights Tribunal. Thomas has also acted for clients in connection with matters at all levels of the Alberta courts including appeals and judicial reviews.

Thomas routinely assists clients with:

  • obtaining regulatory approvals for a variety of energy and natural resource development projects including pipelines, wells, facilities, power transmission lines and mines;
  • negotiating and acquiring surface rights dispositions for energy projects as well as navigating surface rights compensation proceedings; and
  • responding to regulatory enforcement and compliance matters arising from environmental and operational incidents.

In addition, Thomas frequently provides advice on the environmental and regulatory aspects of corporate transactions involving assets and companies in the oil and gas, energy infrastructure, mining and renewable energy industries. Thomas also has experience drafting and negotiating impact benefit agreements between project proponents and Indigenous groups.

Before becoming an associate at Bennett Jones, Thomas summered and articled with the firm. During his articles, he was seconded to the Calgary office of a large integrated oil and gas company. Thomas previously worked as an engineer at a number of surface mines in western Canada. As a former engineer, Thomas leverages his technical background to provide clients with practical advice on all aspects of their projects.

Experience
•  Valory Resources Inc. in regulatory and environmental permitting matters for its Mine 14 underground steelmaking coal project
•  SECURE Waste Infrastructure Corp. (TSX: SES), a leading waste management and energy infrastructure company, in its $31-million acquisition of a metals recycling business
• 

An upstream energy company in successfully defending a regulatory appeal of an Alberta Energy Regulator licence issued for a sour gas pipeline located in Alberta's eastern slopes

 

•  Pembina Pipeline Corporation and Plains Midstream Canada ULC in successfully opposing an application by a residential home developer to the Alberta Energy Regulator for cost sharing orders, which would have compelled these operators to bear pipeline reinforcement costs arising from urban development  
•  ATCO Ltd. (through Canadian Utilities Limited) in obtaining regulatory approvals for its joint venture with the Chiniki and Goodstoney First Nations in respect of the 37-MW Deerfoot and 27-MW Barlow solar power projects
•  Various energy companies, in successfully defending appeals of reclamation certificates before the Alberta Energy Regulator and the Environmental Appeals Board
•  CSV Midstream Solutions Corp. in its $82.2-million acquisition of KANATA Energy Group Ltd. through the purchase of all issued and outstanding shares.
•  Various energy companies, in initial compensation and annual compensation review proceedings before the Alberta Land and Property Rights Tribunal.
•  ATCO Electric Ltd., in obtaining facility approvals from the Alberta Utilities Commission for transmission lines in central and northern Alberta.
•  Oil and gas companies, with regulatory enforcement actions and prosecutions in respect of releases and other environmental incidents.
•  Cenovus Energy Inc. in its $23.6-billion acquisition of Husky Energy Inc.
•  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.