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Energy Regulatory

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Canada's regulatory environment is a complex web that interweaves federal and provincial bodies with local and international organizations involved in the regulatory approval process. Regulatory authorities are assuming an ever-increasing profile in business today, taking a more proactive role and gaining increasing influence over how business is conducted in Canada and around the world. Many major projects simply cannot proceed until numerous regulatory approvals are obtained. Our energy regulatory practice is set up to assist clients at local, national and international levels, and is comprised of lawyers with experience across the broad spectrum of regulated activities.

What Clients Say

"They've got such good experience and depth in that group—it's a very strong energy regulatory group nationally. They've got all the areas covered and are one of the top firms in the area."

From offering strategic advice to helping clients address the daily operational regulations affecting their enterprises, our clients call on us to lead them through regulatory processes both large and small. We have extensive capabilities leading clients through complex regulatory approval processes in the energy and utilities sectors, including advising both regulatory authorities and applicants on major project developments, such as oil sands facilities, upgraders, refineries, onshore and offshore pipelines, power projects, international resource developments and real estate projects.

New Energy Economy Series

Read More About The Future of Canada's Energy Industry

GO

We are often called upon to act as competition counsel on mergers, acquisitions and amalgamations. Further, we help clients in various licensing and permitting processes and advise on all aspects of compliance with trade and market regulations.

Given the broad depth and scope of our work, we also advise on and draft new Federal and provincial legislative and regulatory policies. We have also participated in government task forces and other initiatives designed to address the regulatory relationship between government and industry.

What Clients Say

"Bennett Jones have always provided excellent service and have proven to be the best at what they do in terms of regulatory expertise."

Key Contact

  • Martin  Ignasiak KC Martin Ignasiak KC, Partner
  • Related Lawyers

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A large Canadian gas producer, in a large energy project in Mexico, including the analysis of Mexican constitutional issues, NAFTA and WTO rules, procurement laws and regulatory developments
Access Pipeline Inc., in a $400-million joint venture between MEG Energy Corporation and Devon ARL Canada Corporation
BC LNG Alliance, on environmental, regulatory and Indigenous issues
RBC Dominion Securities Inc., in an up to US$500M at-the-market program re-launch for the sale of common shares pursuant to a short-form prospectus supplement and an equity distribution agreement with Algonquin Power & Utilities Corp
Bear Head LNG, in regulatory/environmental approvals for construction of the plant
Canadian Hydro Developers Inc., in the development of a weir and powerhouse across the Peach River at Dunvegan, Alberta - the Dunvegan Hydroelectric Project
Canadian Radio-television and Telecommunications Commission, in a reference regarding the application of the User Fees Act to the Telecommunications Fees Regulations, 1995. Aliant Telecom Inc. (Re), 2009 FCA 224
Carlyle/Riverstone Global Energy and Power Fund, in the fund's US$1.2-billion acquisition of EnCana Corporation's gas storage business, now known as Niska Gas Storage
Dominion Exploration Canada Limited, in all regulatory approvals associated with a multi-well sour gas drilling program near Drayton Valley, Alberta
Emera Brunswick Pipeline Company Ltd., in a $350-million pipeline project connecting the Canaport LNG project to domestic and export markets
Encana Corporation, in the successful applications to the Energy Utilities Board for licences for 15 coalbed methane (CBM) wells, a pipeline, and a compressor addition in the Wimborne and Twining Fields, this is the first contested coalbed methane (CBM) decision in the province of Alberta
Government of Newfoundland and Labrador, in the $5.2-billion offshore Hibernia Development Project
Inuvialuit Petroleum Corporation, in the development of their Mackenzie Delta rights, preparing form of Concession Agreement, and Bid Package
Mackenzie Valley Aboriginal Pipeline Group regarding the multi-billion dollar Mackenzie Valley Pipeline Project, in 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
Maritimes and Northeast Pipeline, in appearing before a Joint Environmental Review Panel for an international pipeline to Boston and in respect of general regulatory matters and in all subsequent facilities expansion and rate related issues; acted on four subsequent expansion and laterals
Mining Association of British Columbia, on a variety of environmental legislative matters
North West Upgrading Inc., in all regulatory and environmental approvals associated with the construction, operation, and reclamation of a bitumen upgrader to be located near Edmonton; capital cost estimated to be approximately $4 billion
Sable Offshore Energy Project, in the Joint Environmental Review Panel hearings and regulatory matters for the development of an offshore gas project valued at $3 billion
Suncor Inc., in the Trans-Northern Pipelines Inc. application to the National Energy Board regarding its petroleum products pipeline system
Synenco Energy Inc., in the approximately $105-million negotiation and execution of a series of agreements related to SinoCanada Petroleum Corporation's acquisition of a 40-percent interest in the Northern Lights Oil Sands Project
Synenco Energy Inc. as lead counsel for all regulatory and environmental approvals associated with the construction, operation, and reclamation of the oil sands mine and extraction facility near Fort McMurray, Alberta
Undisclosed client, in actions as lead counsel for all regulatory and environmental approvals associated with the construction, operation, and reclamation of a multi-billion-dollar SAGD facility associated with a major SAGD in-situ oil sands project to be located in Northern Alberta
Undisclosed client, in counsel for regulatory and environmental approvals associated with the decommissioning, remediation, and reclamation of a nuclear facility
Undisclosed client, in obtaining approvals for sulphur forming and handling facility, in excess of $30 million
Undisclosed client, in regulatory and environmental approvals associated with significant modifications to a major sour gas processing facility
Undisclosed client, in obtaining approvals for various unconventional gas field developments in Alberta, including coalbed methane from the Horseshoe Canyon and Mannville formations
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 USD$433.9 million
Alberta Municipal Services Corporation (AMSC), in reorganization of the MuniFunds program, an aggregated investment service with over $25 million invested and the registration of AMSC as an investment fund manager with the Alberta Securities Commission
Appeal counsel to ATCO Gas and Pipelines Ltd., in its successful appeal from an Alberta Energy and Utilities Board Order purporting to require it to hold the proceeds of sale of an asset in a deferral account.  The successful appeal confirms that the Board has no jurisdiction over utility assets not required to provide utility service and that the utility is entitled to the sale proceeds without any conditions. ATCO Gas and Pipelines Ltd. v. Alberta (Energy and Utilities Board) 2009 ABCA 171
Assisted a widely held private business in a reorganization pursuant to a plan of arrangement
ATCO Electric, in negotiation and structuring of hedge transactions regarding Regulated Rate Option customer load in Alberta
ATCO Gas and Pipeline Ltd., in its successful appeals of three related Board Decisions regarding the ability of the regulator to assert jurisdiction over its Carbon gas storage facilities and related production properties, which assets no longer serve any purpose for utility service.  The court ruled that revenue generation is not a valid utility service
ATCO Ltd., in the disposition of ATCO I-Tek Inc. and ATCO's Australian IT operations to affiliates of Wipro Ltd. for aggregate sale proceeds of approximately $210 million
ATCO Ltd., in the negotiation, structuring and other commercial matters relating to ATCO entering into a strategic alliance with Wipro including 10-year master service agreements governing the provision of IT services by Wipro to the ATCO Group of Companies valued at approximately $1.2 billion
Canadian counsel to Grupo Modelo, S.A.B. de C.V. in the proposed acquisition by Anheuser-Busch InBev of the remaining stake in Grupo Modelo that it does not already own for approximately US$20.1 billion
Darling International Inc., in its acquisition of all the assets of Rothsay, a division of Maple Leaf Foods Inc., for approximately $645 million
Korea National Oil Corporation, the state-owned oil and gas company of South Korea, in its acquisition of Harvest Energy Trust for approximately $4.1 billion
One Equity Partners and Systagenix Wound Management, as Canadian counsel, in the purchase of Ethicon, Inc.'s, (a Johnson & Johnson company), Professional Wound Care business. 
Pipeworx Ltd., a widely held private business (with operations in Alberta, British Columbia, Saskatchewan and Manitoba), in the sale of all of the shares in the capital of Pipeworx Ltd. to PLH Group, Inc. (a US-based portfolio company of Energy Capital Partners (being a US private equity firm)), by way of an exempt takeover bid
Research In Motion Limited, in its $150-million acquisition of Certicom Corp
Shareholders of Interair/Fun Sun, in its acquisition by Thomas Cook Group PLC for approximately $114 million
Shell Canada Products, in its regulatory, environmental, aboriginal and land matters regarding a proposed refinery project
Statoil Canada Ltd., in the acquisition by PTTEP Canada Limited of the remaining 60% ownership interest in the Thornbury, Hangingstone and South Leismer oil sands areas in exchange for Statoil's 40% stake in the Leismer and Corner projects and approximately US$200 million in cash
The Manitoba Public Insurance Corporation, as successful appellants on a motion for leave to appeal an Order of the Manitoba Public Utilities Board related to the Board's jurisdiction. Manitoba Public Insurance Corp. v. Public Utilities Board, 2011 MBCA 87
The Manitoba Public Insurance Corporation, as successful respondent in a stated case by the Manitoba Public Utilities Board, in which the Board sought a declaration that it has the jurisdiction to require the disclosure of a wide range of information regarding the Corporation's operations. The Public Utilities Board v. Manitoba Public Insurance Corporation, 2011 MBCA 88
VimpelCom Ltd., in its sale process and disposition of their debt and equity interests in the Globalive group of companies in Canada, including Globalive Wireless Management Corp. (WIND Mobile), including the forgiveness or sale of approximately $2 billion of debt owed by WIND Mobile and the sale of their equity interests in WIND Mobile for approximately $130 million

Recent Recognition

Chambers Canada
Band 1, Energy: Oil & Gas
Band 2, Energy & Natural Resources: Mining
Band 3, Energy: Power
Chambers Global
Band 1, Energy: Oil & Gas
Band 2, Energy Sector (International & Cross Border); Mining (International & Cross Border)
Band 3, Energy: Power
Canadian Legal Lexpert Directory
Most Frequently Recommended, Energy (Electricity) (Calgary)
Consistently Recommended, Energy (Electricity) (Vancouver)
Most Frequently Recommended, Energy (Oil & Gas) (Calgary, Toronto and Vancouver)

Insights, News & Events

Podcast

Clean Incentives: What Canada’s Clean Electricity Investment Tax Credit Means for the Evolving Power Sector

April 25, 2025
       

Blog

Ontario Moves to Fast Track Mining, Expand Discretion Over Tenure

April 22, 2025
       

Announcements

Gatlin Smeijers Joins Bennett Jones as Partner in Toronto

April 01, 2025
       

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