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Power & Renewables

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  • Key Contacts
  • Recent Experience
  • Recent Recognition
  • Insights, News & Events
  • Download PDF
  • Recent Experience
  • Recent Recognition
  • Insights, News & Events

Canada's extremely diverse and largely provincially segmented electricity market is undergoing significant change. A complex set of variables ranging from GHG emission reduction regulation, transmission and distribution constraints, resource availability, costs and technological advances are shaping our current and future generation, transmission and distribution needs. Government projections over the coming years make it clear that substantial investment in these sectors will be essential, creating new opportunities for Canadian and international power and transmission developers, related industries and their customers.

Bennett Jones is a leader in these areas, regularly providing advice on generation, transmission and distribution projects in Canada and internationally. Our global clients include power and transmission developers, facility owners, electric cooperatives, fuel suppliers, off-takers and steam/heat site hosts, as well as local, provincial and national regulatory boards and domestic and foreign agencies.

Our expertise includes assisting in project structuring, tax planning, regulatory compliance, EPC and EPC management contracts, project and conventional debt and equity financing, and site lease and acquisition. We have significant experience in acquisitions and divestitures in the electricity industry. We regularly negotiate a wide range of supply and sales contracts, including electricity trading and marketing agreements, off-take, power purchase and tolling agreements as well as other physical and financial contracts, operating agreements, interconnection arrangements with transmission and distribution grids, fuel supply and related arrangements, and steam and heat sales agreements.

We also possess substantial electricity sector restructuring experience, having drafted market rules and market-related contracts for wholesale electricity markets in Ontario and New Brunswick and having acted as counsel to several market participants within the deregulated electricity markets, representing bidders in virtually all energy and ancillary services MAP auctions that have been conducted by the Alberta Balancing Pool since 2000.

Our clients in the independent power business have participated in hundreds of power generation projects in Canada and abroad, which have involved facilities ranging in size from less than one MW to more than 1,000 MW, fuelled by sources as diverse as nuclear, natural gas, coal, hydro, biogas, biomass, solar and wind.

What Clients Say

"They are a highly competent, responsive and easy to deal with group that is particularly strong in the energy and utilities sector."

Renewable Energy

While conventional energy sources will continue to be a large part of Canada's energy mix, the share of clean, renewable energy is growing quickly and will certainly continue to aggressively grow.

Participants in Canada's burgeoning renewable power and renewable fuels industry benefit from our timely and expert advice on a wide range of issues important to this sector. We have acted for clients in a variety of renewable power sectors, including, among others, hydro, wind, solar, biogas, biomass, biowaste, biofuels, and geothermal.

Navigating the corporate/commercial, regulatory and taxation landscape can be a daunting task for Canadian renewable power developers. Our lawyers have been key advisors at every step of the way, specifically retained with respect to acquiring project finance, accessing government incentives/programs, clearing regulatory hurdles, acquiring permits, completing environmental assessments, zoning real estate, acquiring and leasing real property, stewarding tax-efficient structures (including renewable power incentives like flow-through financing structures), developing private/public partnerships, drafting and reviewing commercial agreements (including power purchase and turbine supply agreements), and assisting with all aspects of mergers, acquisitions and divestitures.

Our team has designed the program rules and program contracts for a series of Ontario Power Authority conservation and demand management programs. Our lawyers have also acted for and have strong connections to a number of large energy buyers, including having a comprehensive knowledge of provincial power authorities' renewable power procurement processes.

We conduct due diligence and provide opinions on the development and operation of wind, solar and geothermal projects for government departments, private companies, and public companies.

Bennett Jones lawyers are active in fund formation work in this industry and have acted in the formation of renewable energy investment funds, both domestically and internationally.

Key Contacts

  • Claire M.C. Kennedy Claire M.C. Kennedy, Senior Advisor, Clients and Industries
  • David J. Macaulay David J. Macaulay, Partner
  • Thomas W. McInerney Thomas W. McInerney, Partner
  • Related Lawyers

Recent Experience

Power Projects
Renewable Power Projects
Transmission Projects
Project Finance
Pacific BioEnergy Corporation, in its sale of a majority interest to Sumitomo Corporation of Japan. Sumitomo previously held a 48% interest. Pacific BioEnergy is a leader in the development of the wood pellet industry in British Columbia, taking residual fibre from sawmills that was once disposed of in beehive burners and turning that material into a carbon neutral, renewable fuel to replace coal and fossil fuels.
Brighton Beach Power Project (Ontario) – ATCO Power, in a joint venture with Ontario Power Generation Inc., in the development of this 580MW gas-fired combined-cycle power project in Windsor, Ontario, in which Coral Energy was the offtaker of 100 percent of the output from this facility.
Joffre Cogeneration Project (Alberta) – ATCO Power, in regard to all aspects of this joint venture with EPCOR and NOVA Chemicals respecting the 416MW Joffre cogeneration power project in Alberta.
Strathcona 90 MW Cogeneration Project – ATCO Power, in the structuring and negotiations of all aspects of proposed development of cogeneration facility to supply steam and electricity to two industrial partners in the Alberta Heartland in the propylene and polypropylene business.
Heartland Power Project – ATCO Power, in the development of the proposed Heartland Power Project, a 400MW combined cycle gas-fired power project in Alberta.
Barking Power Project (England) – ATCO Power, on the 1000MW combined-cycle Barking Power project in London, England.
Alberta Coal Phase Out – ATCO Power and Alberta Power (2000) Ltd., its subsidiary, in the proposed phase-out of coal-fired generation by the Government of Alberta by 2030 pursuant to the Province's Climate Leadership Plan.
Battle River Power Project (Alberta) – Alberta Power (2000) Ltd., an ATCO subsidiary, regarding all aspects of the 670MW coal fired Battle River generating station near Forestburg, Alberta, including in connection with the Battle River Power Purchase Arrangement.
Sheerness Power Project (Alberta) – Alberta Power (2000) Ltd., an ATCO subsidiary, regarding all aspects of the 760MW coal-fired Sheerness generating station near Hanna, Alberta, which is jointly owned by ATCO and TransAlta, including in connection with the Sheerness Power Purchase Arrangement.
Horizon Power Project (Western Australia) – ATCO Power, in the 120MW combined-cycle power project in Karratha, Western Australia.
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.
Crius Energy Trust, in its acquisitions by Vistra Energy.
ATCO Electric Yukon, an electric utility company operating in the Yukon, in 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 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.
Acciona Wind Energy Canada, with:
  • an asset purchase of a 150MW Ontario wind farm project from a multinational energy company;
  • a bid into the Ontario Power Authority's RES III call for renewable power;
  • the sale of carbon credits generated by an Alberta-based wind farm to an Alberta carbon compliance buyer;
  • turbine supply arrangements; and
  • ongoing corporate/commercial, real estate, regulatory and project finance advice.
GenGrowth Renewables Inc., with:
  • the sale of nine wind farms across Ontario (approximately 200 MW in aggregate) to a TSX-listed renewable project operator;
  • an asset sale of an Ontario wind farm project;
  • ongoing corporate/commercial;
  • real estate and regulatory advice; and
  • development of an Ontario-based solar initiative.
Ameresco Geothermal Inc., with the development and commercialization of the geothermal systems for commercial and industrial applications and ongoing corporate/commercial advice.
Brookfield Renewable Energy Partners, with its joint venture arrangements, financing and construction to develop a $300-million hydroelectricity generation facility in Canada.
DIF (Dutch Infrastructure Fund) Canada, with the establishment of a $400-million energy/infrastructure investment fund and the acquisition of equity interests by such fund in Canadian energy/infrastructure projects.
Coronal/Panasonic North America, with joint venture corporate structuring/taxation and the acquisition of four Ontario-based power projects.
EDF EN Canada, with the acquisition and development of two wind and eight hydroelectric facilities in Ontario.
SkyPower Wind Energy Fund LP, with:
  • the development of the 166MW Terrawinds project;
  • divestiture of the Terrawinds project for $300 million;
  • tax structuring and implementation of a $77-million public equity financing vehicle;
  • turbine supply arrangements;
  • power purchase arrangements; and
  • ongoing corporate/commercial, real estate and regulatory advice.
SkyPower Corporation, with a private placement of equity to Lehman Brothers and ongoing corporate/commercial, tax and regulatory advice.
Fort McMurray West 500kV Transmission Project – ATCO Electric, the successful bidder on behalf of the Alberta Powerline (APL) consortium, in the procurement by Alberta Electric System Operator of a new 500kV power transmission line. Currently acting in the proposed approval and construction of the approximately 400 km project in northcentral Alberta between the Wabamun area west of Edmonton and Fort McMurray.
Eastern Alberta Transmission Line (EATL) – acted for ATCO Electric, with its construction of the 500kV DC Eastern Alberta Transmission Line running between Brooks and the Gibbons-Redwater area northeast of Edmonton, including the construction of 485 km of 500kV DC line, towers and converter stations.
Bonnyville to Bourque Transmission Project – represented ATCO Electric in the development of approximately 50 km of new double-circuit 240kV transmission line, a substation and related electric facilities north of the Town of Bonnyville in east central Alberta.
St. Paul Transmission Project – represented ATCO Electric in the development of approximately 35 km of new double-circuit 144kV transmission line and related electric facilities near the Town of St. Paul in east central Alberta.
Hanna Region Transmission Project – represented ATCO Electric in the development of approximately 245 km of new 240kV transmission line; construction of approximately 110 km of new 144kV transmission line; construction of six new substations and modification of 14 existing substations.
ATCO Electric – represented ATCO Electric in four regulatory approvals associated with the Dover-Whitefish 240kV transmission line.
Other Transmission Developments – represented ATCO Electric with respect to the development of numerous other Transmission Developments including new or replacement transmission lines, new or upgraded substations, and related electrical facilities and equipment.
East-West Tie – acted for a bidder for the East-West Tie competitive bid transmission line in Ontario.
OPTrust, in connection with the formation and limited recourse financing of a partnership with six Alberta First Nations which in turn participated in the equity syndication and project financing of the $1.5-billion Cascade Power Project to be developed near Edson, Alberta and operated by Calgary based developer Kineticor. This equity investment marks the first transaction supported by the Alberta Indigenous Opportunities Corporation (AIOC), who provided a loan guarantee supporting the credit and financing arrangements between ATB, OPTrust, Kineticor and the First Nations consortium which ultimately facilitated the equity participation by Indigenous communities in the Cascade project.
Brighton Beach Power LP – a limited partnership formed by ATCO Power and Ontario Power Generation, with a $403-million private bond and term debt financing for the development, construction and commissioning of a 580MW natural gas combined cycle electricity generation facility in Windsor, Ontario.
ATCO Power and SaskPower International – with a $199-million private bond and term project, overrun and operating facility for the development, construction and commissioning of the Cory Cogeneration Project, a 228MW natural gas-fired cogeneration power plant, located on the Potash Corporation of Saskatchewan Inc.'s Cory Mine site near Saskatoon, Saskatchewan.
Joffre Cogeneration Funding Corporation – a joint venture of ATCO Power, EPCOR and NOVA Chemicals, with a $270-million private bond and term debt project financing to develop, build and operate the 416MW Joffre Cogeneration Project (the first project financing of a merchant power plant in Canada).
Canadian Utilities Limited (now ATCO Limited), with the development and financing of the Osborne Cogeneration Project, a 180MW cogeneration project in Adelaide, South Australia.
ATCO Group of Companies (formerly Canadian Utilities Limited), with the $1.5-billion project financing of the 1000MW Barking combined cycle independent power project in England Banking Corporation.
ATCO Canada, with an aggregate of $279-million term project financing for two natural gas cogeneration facilities at the Athabasca Oil Sands.
Suncor Energy Inc., with the $100-million lease financing of certain cogeneration assets.
Acciona Wind Energy Canada, with a $70-million financing from Manulife Financial for the 45MW Lameque New Brunswick Wind Power Project.
SunEdison Canada, with construction and term loan project financing of five separate Ontario-based solar projects.

Recent Recognition

Chambers Canada
Ranked, Energy: Power
Chambers Global The World's Leading Lawyers for Business
Ranked, Energy: Power
The Legal 500 Canada
Ranked, Energy - Power
The Canadian Legal Lexpert Directory
Most Frequently Recommended, Energy (Electricity), Calgary
Repeatedly Recommended, Energy (Electricity), Vancouver
P3 Awards 2018
Winner, Awarded Gold for Best Financial Structure on Alberta Powerline - Fort McMurray West 500 kv Transmission Project

Insights, News & Events

Announcements

Bennett Jones in Chambers Global 2021

February 22, 2021
       

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Land Leases for Renewable Energy Projects in Alberta

February 16, 2021
       

Blog

British Columbia Introduces CleanBC Industrial Electrification Rates and the Facilities Electrification Fund

February 05, 2021
       

Blog

Advancing Alberta's New Liability Management Framework

January 11, 2021
       

Announcements

Bennett Jones Acts for Canadian Power Deal of the Year in Cascade Power Project

January 11, 2021
       

Blog

Canadian Government Releases Draft Clean Fuel Regulations

December 22, 2020
       

In the News

Vivek Warrier in Daily Oil Bulletin on Canada's Innovative Energy Industry

November 27, 2020
       

Blog

Federal Government introduces Bill C-12 to Mandate 2050 Net-Zero Emission Requirements

November 20, 2020
       

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Alberta Introduces New Legislation to Lay the Groundwork for Geothermal Resource Development

October 28, 2020
       

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Alberta's Natural Gas Vision and Strategy

October 21, 2020
       

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Hydrogen 101: Basics of Hydrogen Supply Chains

October 07, 2020
       

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Hydrogen Around the World: European Cooperation a Focal Point in Upcoming Hydrogen Energy Push

September 29, 2020
       

In the News

Pat Maguire in CBA National's Look Ahead in Canadian Law

September 23, 2020
       

Blog

Hydrogen Around the World: Enhancing Japanese and South Korean Energy Security

September 10, 2020
       

Announcements

Bennett Jones is Recognized in Chambers Canada 2021

September 10, 2020
       

Announcements

Bennett Jones' Best Lawyers in Canada 2021

August 27, 2020
       

Blog

Hydrogen Around the World: Australia Seeks to Become World Leader in "Shipping Sunshine"

August 25, 2020
       

Blog

Going Nuclear: Alberta Signs Inter-Provincial MOE to Explore Small Modular Reactors

August 12, 2020
       

Blog

Alberta Utilities Commission Releases New Draft Application Rules for Power Plants

August 11, 2020
       

Blog

Alberta Announces New Liability Management Framework

August 04, 2020
       

Blog

The Long Road Towards Clarity on Power Plant Self-Supply and Export

August 04, 2020
       

Blog

Federal Government Releases Strategic Assessment of Climate Change

July 29, 2020
       

Announcements

Serge Dupont on BNN Bloomberg: Economic Recovery and Canada’s Energy Sector

June 11, 2020
       

Blog

Alberta Utilities Commission Approves Deferral of Payments for AESO Tariff Transmission Charges

April 30, 2020
       

Blog

Canada Energy Regulator Amends Pipeline Regulations and Introduces New Power Lines Regulations

April 24, 2020
       

Blog

Alberta Amends its Approach to Liability Management

April 16, 2020
       

Blog

Federal Government Releases Notice of Intent to Amend Output-Based Pricing System Regulations Due to COVID-19 Pandemic

April 13, 2020
       

Blog

Environmental and Regulatory Compliance Issues for the Natural Resources Sectors during COVID-19

March 25, 2020
       

Blog

Court Finds Indigenous Law Not a Defence to an Injunction to Restrain Protests

March 11, 2020
       

Blog

The Alberta Indigenous Opportunities Corporation: A Framework For Meaningful Ownership and Economic Reconciliation

March 09, 2020
       

Blog

Canada's Attempt to "Forever Alter the Constitutional Balance" Impeded: Alberta Court of Appeal Rules Federal Carbon Pricing Regime Unconstitutional

March 02, 2020
       

Announcements

Bennett Jones in Lexpert's Top 10 Deals of 2019

February 20, 2020
       

In the News

Brad Gilmour in Lexpert on Environmental Legislation and Regulatory Law

September 04, 2019
       

In the News

Vivek Warrier on Risk-Sharing Agreements in Oil & Gas in Lexpert

September 04, 2019
       

Announcements

Bennett Jones Leads Canada in Energy Law

September 03, 2019
       

Updates

A New Government in Alberta: What it means for businesses and investors

May 06, 2019
       

Guides

Renewable Energy & Clean Technology Initial Public Offering Checklist

February 06, 2019
       

Announcements

Bennett Jones Leads Canada in Energy Law

August 31, 2018
       

In the News

David Bursey in Lexpert on Provincial Electricity Regulations

August 31, 2018
       

In the News

Marie Buchinski in Lexpert on Canada’s Bill C-69

August 31, 2018
       

In the News

Pat Maguire in Lexpert on Innovation and Deal Making in Oil & Gas

August 31, 2018
       

In the News

Tom McInerney in Lexpert on Canada’s Shifting Carbon Landscape

August 31, 2018
       

In the News

Vivek Warrier in Lexpert on Alberta’s CCIR

August 31, 2018
       

In the News

Thomas McInerney in Lexpert on Taxing Carbon

May 2018
       

Updates

Updates to Energy Diversification Act Investment Programs

March 15, 2018
       

Updates

The Creation of the Canadian Energy Regulator

March 01, 2018
       

Updates

Sea Change: The Canadian Navigable Waters Act

February 22, 2018
       

Updates

Reshaping Canada’s Project Assessment Regime—Bill 69’s Ambitious Blueprint

February 20, 2018
       

Blog

Environmental Aspects of Wind and Solar Projects in Alberta

February 08, 2018
       

Blog

Government of Alberta Announces New Rounds of Renewable Electricity Program

February 07, 2018
       

Blog

Institutional Investors Call for Increased, Standardized, Climate-Related Disclosures

December 06, 2017
       

Blog

Key Takeaways from CELF's Annual Jasper Research Seminar

July 18, 2017
       

Blog

Canadian Government's Proposal to Reform Canada's Environmental Assessment and Regulatory Regime

July 04, 2017
       

Articles

The Guide to Energy Arbitrations

June 2017
       

Blog

Government Announces Sweeping Changes to Labour and Employment Laws in Alberta

June 02, 2017
       

Announcements

Bennett Jones: 102 Lawyers in Canadian Legal Lexpert Directory

May 05, 2017
       

Announcements

Four Bennett Jones Practices Ranked Band 1 by Chambers Global 2017

March 16, 2017
       

Blog

Possible New Clean Fuel Standard in Canada

March 07, 2017
       

Updates

Federal Government Announces Pan-Canadian Framework on Clean Growth and Climate Change

December 13, 2016
       

Blog

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

November 16, 2016
       

Updates

Climate Change Related Pieces in Federal Budget

March 29, 2016
       

Speaking Engagements

University of Alberta Law School Sustainable Energy Development Presentation

March 02, 2016
       

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