ENERGY AND NATURAL RESOURCES We work for the best : our clients. New Brunswick Newfoundland & Labrador Nova Scotia Prince Edward Island mcinnescooper.com
ENERGY AND NATURAL RESOURCES ELECTRICITY ATLANTIC CANADA S ENERGY AND NATURAL RESOURCES LAW FIRM The energy and natural resources sector is a mainstay of McInnes Cooper s practice. The firm is counsel to regional, national and international firms in the electricity, renewable energy, forestry, fishery, mining and oil and gas sectors. At McInnes Cooper, our Energy and Natural Resources Group consistently works to understand our clients businesses and develop practical legal and policy solutions for their specific needs. Our team takes a multidisciplinary approach, combining our experience with administrative and regulatory law, Aboriginal law, environmental law, construction law and corporate finance. We regularly advise clients on project developments, permitting and approvals, government relations and policy development, acquisitions and divestitures, project financings, environmental issues, real property, labour and employment and dispute resolution. The firm has extensive experience in the areas of generation, transmission, distribution and marketing of electricity. Our experience includes energy regulation and rates, efficiency and demand-side management, project developments, labour and employment, electricity trading and marketing, tax matters, power purchase and tolling agreements as well as other physical and financial contracts, operating agreements, interconnection arrangements with transmission and distribution grids, and fuel supply and related arrangements. We have significant regulatory experience before provincial utility boards with respect to all aspects of electricity regulation and rate setting, open access transmission, fuel adjustment mechanisms, conservation, and development approvals on behalf of both industrial ratepayers and utilities, and with respect to National Energy Board (NEB) electricity export permit approvals. RENEWABLE ENERGY We have significant experience in renewable energy, including wind, hydro, biomass, solar, co-generation and tidal developments. We have helped local, national and international firms in all aspects of renewable energy projects. We have provided significant assistance to various renewable energy project (independent power producer) developers who have responded to utility run Request for Proposals regarding renewable energy. We regularly provide advice on: land rights; environmental assessment and permitting; project financing; corporate structuring and tax matters; energy regulatory compliance; and commercial arrangements including the drafting and negotiation of power purchase agreements, turbine supply agreements, engineering, procurement and construction contracts, balance of plant contracts, labour and employment matters, and interconnection and operating arrangements with utilities. In addition, we have assisted local and international firms in site selection and land use restrictions, environmental assessment, ground lease terms, non-resident and other tax issues, and migratory birds legislation. WATER McInnes Cooper has extensive experience with respect to civil and regulatory aspects of water rights and use, including the development, funding, licensing and operation of municipal water treatment and distribution facilities and sewage/reclaimed water facilities (including public/private partnerships); rate setting; obtaining and defending water access, withdrawal and use rights; private water systems; and civil and regulatory litigation relating to water, including defending clients in prosecutions and other regulatory actions.
OIL AND GAS MINING McInnes Cooper has extensive onshore and offshore oil and gas law expertise, providing advice to international oil companies, independent producers, junior exploration companies, operators, governments, offshore petroleum boards, investor groups, pipelines, LDCs, refineries, LNG facility owners and service companies. We have experience with the acquisition, disposition, financing, development and operation of upstream and downstream oil and gas projects. The firm has significant mining law expertise, including mining of gold, diamonds, coal and iron ore and other base metals, precious metals and industrial minerals. McInnes Cooper represents international mining conglomerates, junior mining companies, entrepreneurs, banks and investment banking firms and governments with respect to legal issues in the mining sector. We have extensive experience in corporate finance matters related to junior mining companies, and with respect to labour relations matters for operational miners. We have the depth of experience to provide advice on: Constitutional rights and jurisdiction; Legislative drafting and policy advocacy; Omnibus proceedings for offshore projects; Permitting; Approvals; Facilities, toll and rate hearings; Tax; Pollution defence; Occupational health and safety; Crown royalties; Environmental and aboriginal matters; and Other regulatory and compliance requirements. We have led petroleum resource related litigation involving significant discovery declarations, local benefits, jurisdictional challenges and product liability on offshore structures, and have been involved in various NEB and provincial utility board proceedings regarding development approvals, construction and cost of service and rate setting matters for both utilities and industrial ratepayers, as well as offshore safety inquiries. FISHERIES McInnes Cooper represents owners, operators, insurers, financiers and fishermen with respect to all aspects of fisheries, including matters related to provincial, federal and international regulations and compliance, shipping and transportation, marine and admiralty law, labour and employment, insurance, environmental, commercial and other matters arising relating to the fisheries. FORESTRY Our team has extensive industry-specific experience in forestry law, including regulatory licenses, land permits, Crown leases, environmental issues, First Nations consultations and other matters affecting domestic and global forestry-related businesses involved in the harvesting of timber and manufacturing and exporting of forest products, such as softwood lumber, newsprint and wood pulp. We also have extensive experience in the use of biomass to generate electricity.
ENVIRONMENTAL LAW ARCTIC ISSUES McInnes Cooper understands and appreciates the depth and diversity of its clients environmental goals. As a firm, we share our clients commitments to environmental responsibility, and have the range of expertise to address clients needs effectively and successfully. We regularly assist clients in obtaining and ensuring compliance with environmental approvals, permits and authorizations including environmental assessment processes. Our senior lawyers additionally have experience negotiating with all levels of government, First Nations and environmental non-governmental organizations (ENGOs) on environmental matters; assisting clients in managing and minimizing environmental liability for contaminated properties; and providing environmental due diligence and liability allocation in business transactions. McInnes Cooper has been involved for many years in issues related to the Arctic. We have advised companies operating in the Arctic since the inception of drilling in Arctic waters. McInnes Cooper is familiar with the many agendas at play in the Arctic including aboriginal, environmental, sovereignty, oil and gas production, transportation, health and safety. McInnes Cooper works with oil companies, shipping interests, oil rig owners and contractors. EMISSIONS TRADING, CLIMATE CHANGE AND CARBON CAPTURE AND STORAGE McInnes Cooper understands the complexity of new and emerging issues surrounding climate change and carbon emissions trading, transactions and policy developments internationally and in Atlantic Canada, including carbon taxes, carbon finance, cap-and-trade regimes, voluntary markets and hard emissions cap legislation. McInnes Cooper also understand the corporate governance and securities law disclosure issues and director, officer and company liability concerns related to climate change. The firm also has expertise with respect to Carbon Capture and Storage legal issues. SERVICES Project structuring Project development and financing Project approvals, siting and permitting Regulatory applications (rates setting, environmental approvals, facilities applications, tariff matters) Vessel financing and acquisition/divestiture Fisheries license transfers Aboriginal resource/title claims Government relations and policy development Land and resource rights acquisition and divestiture Litigation (marine matters, resource rights disputes, Aboriginal title claims, construction) Labour and employment issues Occupational health and safety Environmental dispute resolution (oil and gas spills, soil contamination) Brownfield development and reclamation
EXPERIENCE McInnes Cooper s Energy and Natural Resources Group has extensive experience in major client project developments, including: offshore oil and gas developments; greenfield gas distribution projects; gas-fired, hydro, biomass and wind power developments; mining projects; pulp and paper mill developments; and vessel acquisitions. We have a leading regulatory practice and have been involved in many of the significant electricity and gas regulatory proceedings before provincial public utility boards and the National Energy Board (NEB) involving Atlantic Canadian rate-setting, electricity export permits, facilities applications and industry restructuring. Practice group members regularly represent our resource sector clients in major litigation, including such diverse matters as marine disasters and casualties, Aboriginal land claims and construction litigation. We regularly act on acquisitions, divestitures and financings of natural resource facilities, land holdings, resource rights, and fishing and offshore vessels, and are regularly involved in environmental proceedings and permitting applications under provincial and federal environmental laws. We have nationally recognized experience in the area of brownfields development and advise on all aspects of environmental spills and remediation. Group members advise our clients on their interactions with government at all levels and assist in submissions regarding policy and regulatory development either for specific clients or resource sector industry organizations. Our lawyers provide labour and employment advice to our natural resource clients, many of whom are the largest employers in their respective locales. INDUSTRIES WE SERVE Oil and Gas (upstream and downstream) Electricity Renewables (wind, hydro, biomass, solar, co-generation and tidal) Forestry Fisheries Mining Liquefied Natural Gas (LNG) & Compressed Natural Gas (CNG) Water
For more information on how we can be your Atlantic Canadian energy and natural resources law firm, please contact our Service Group Leaders: New Brunswick Newfoundland & Labrador Len Hoyt, QC Jim Thistle, QC 506.458.1622 709.724.8247 len.hoyt@mcinnescooper.com jim.thistle@mcinnescooper.com Nova Scotia Prince Edward Island Mike Simms John Hennessey, QC 902.453.8031 902.629.6268 michael.simms@mcinnescooper.com john.hennessey@mcinnescooper.com To see a full list of our Energy and Natural Resources Group members, please go to mcinnescooper.com and click on Services. About McInnes Cooper McInnes Cooper is Atlantic Canada s Law Firm. With more than 200 lawyers in seven offices throughout the region, we can ensure our clients receive the expertise they need and the service they have every right to expect. After 150 years, we are still focused on our clients success.