Energy: Power & Renewables

Key Contacts

Barrett Michael High Resolution Image Mike Barrett
Partner, Co-Head of Power & Renewable Energy Practice Group, Co-Head of Climate Change & Emissions Trading Practice Group
T: 416.777.4657
Gretener Nicholas High Resolution Image Nicholas M. Gretener
T: 403.298.3405
Macaulay David Image David J. Macaulay
Partner, Co-Head of Power & Renewable Energy
T: 403.298.3479
McInerney, Thomas Thomas W. McInerney
Partner, Co-Head of Climate Change & Emissions Trading
T: 403.298.4484

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.

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.

Select Experience

Power Projects

  • Brighton Beach Power Project (Ontario) – represented ATCO Power in a joint venture with Ontario Power Generation Inc. in respect of the development of this 580MW gas fired combined cycle power project in Windsor, Ontario in which Coral Energy was the offtaker of 100 per cent of the output from this facility.
  • Joffre Cogeneration Project (Alberta) – on-going representation of ATCO Power in regards to all aspects of this joint venture with EPCOR and NOVA Chemicals respecting the 416 MW Joffre cogeneration power project in Alberta.
  • Strathcona 90 MW Cogeneration Project – acting for ATCO Power with respect to 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.

Recent Recognitions

  • 2017, Chambers Canada

    Bennett Jones, ranked, Energy: Power

    "They have great depth and breadth of capability and a strong understanding of our business and the environment in which we operate."
  • 2017, Chambers Global

    Bennett Jones, ranked, Energy: Power
  • 2017, The Legal 500 Canada

    Bennett Jones, ranked, Energy - Power

    "wide-ranging and quality legal services" "extremely proficient and focused on client success"

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