Electricity Generation, Transmission and Distribution
Our Electricity Law Group works with both electricity suppliers and customers in providing advice and representation on all aspects of energy law issues.
On the supplier side, we work with generation companies, transmission and distribution utilities, retailers, energy regulatory tribunals, government departments and large industrial companies. These include generation companies of all sizes, from the largest provincially-owned utilities to the smallest privately owned generators, with all forms of power generation including nuclear, water, wind and solar. On the customer side, we advise and represent large industrial and other types of customers,
We offer legal advice across all aspects of electricity issues, ranging from corporate/commercial to regulatory and environmental to aboriginal law.
Transactions: FIT program applications; review of electricity contracts; mergers and acquisitions; joint venture agreements; power project development; and project finance
Energy Trading and Marketing: Drafting and negotiating energy swaps, futures, options and other derivatives; preparing and reviewing power marketing contracts; and conducting RFPs
Regulatory: Advising on project structures for regulatory compliance; compliance with IESO market rules; and representation at provincial and federal energy boards, municipal boards, Competition Bureau and Investment Canada
Environmental: Compliance and regulatory issues; due diligence; environmental permits; remediation; defence of environmental prosecutions; and litigation
Aboriginal: If transmission or generation projects can affect aboriginal land claim areas or traditional land use areas, consultations with aboriginal groups and, possibly, the negotiation of mitigation measures and compensation may be required
Tax: Tax planning for project structures; advice on Class 43.1 and other project costs; compliance; and advocacy respecting tax litigation matters
Corporate Finance: Public and private financings; mergers and acquisitions; takeover bids; issuer bids; and stock exchange and regulatory compliance
Construction: Bidding; contract negotiation; insurance; and litigation and dispute resolution
Litigation: Litigation; and alternative dispute resolution
Intellectual Property: Patents; licensing; and trade-arks
We have provided value-added legal services in a variety of engagements:
- Negotiating and drafting power purchase agreements, financing agreements and agreements for the purchase and sale of energy businesses
- Preparing and submitting FIT applications to the OPA and negotiating with transmission and distribution utilities for grid connection
- Advising and representing a number of Ontario LDCs on OEB regulatory matters governing rates, performance standards, Codes of Conduct, etc.
- Providing strategic business advice and representation to foreign governments, power developers and utilities interested in expanding their operations into Canada
- Legal advisors to the Governments of Ontario and Alberta in restructuring the Provinces’ electricity industry
- Advising Ontario’s Ministry of Energy on preparation of the Province’s White Paper on the electricity industry
- Incorporating a large energy marketing business in Ontario and providing it with a broad range of legal services
- Preparing and conducting RFPs and contract negotiations for large industrial customers