Stikeman Elliott
 
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Renewable Energy

Stikeman Elliott's Energy Group, one of the country's top-ranked energy practices, is among Canada's leading advisors to the renewable energy industry. We offer a number of distinct and identifiable advantages relative to other firms:

  • Access to Canada's leading team for business law, with more lawyers ranked than any other firm in the M&A and Corporate Law categories of leading industry directories such as Chambers Global and Lexpert for more than five years running.

  • A highly experienced energy team, nationally recognized for its expertise and experience acting the full range of parties in the industry - developers, investors, operators, lenders, regulators, utilities and governments and their agencies.

  • A significant track record for the application of creativity and strategic thinking to the most innovative and complex energy sector acquisition and financing transactions and structures in a multiplicity of sectors, including acting on a number of "first of their kind" transactions in Canada and internationally.

  • An understanding of the energy supply needs in the Canadian market, the aims of provincial regulators and the political and stakeholder considerations at play, flowing from our familiarity with key stakeholders.

  • A commitment to partnering with our clients, indicated by our multi-year relationships with many energy client groups.

Beyond our expertise, what distinguishes Stikeman Elliott is a commitment to client value that goes beyond words on a page. We achieve this by aligning our interests with our client. That means committing to doing the extra things to provide value, including:

  • Managing a project in a manner that is efficient, pragmatic, geared toward problem solving, collaborative, responsive and client-centric.

  • Offering flexibility that reflects a shared stake in the success of the project.

  • Putting forward a team that is smarter, leaner, more efficient and more nimble.

The types of matters that we are generally involved in within the sector break down as follows:

  • M&A, joint ventures (and related shareholder/investor agreements) and other strategic investments and partnerships.

  • Financing involving individual lenders and syndicates, private sector and development banks and governments.

  • Corporate finance matters, such as public and private debt and equity offerings.

  • Asset and entity divestitures. 

  • Development and permitting.

  • Real Property matters including leasing, development, construction and environmental approvals.

  • Power purchase and procurement processes.

  • Electricity and power production regulatory matters.

  • Structuring and tax advice for energy companies.

One aspect of our practice that is of particular value to our clients is that we have represented all stakeholders in the sector: purchasers and vendors of renewable energy assets, new market entrants, experienced energy developers, individual developers and consortium members, governments and regulatory authorities, sponsors, lenders, investors and underwriters. We can, accordingly, put ourselves "inside the head" of the various stakeholders in renewable energy transactions. We understand the issues and concerns that are primary in the minds of all the parties in the particular transaction, the risk analysis they are undertaking, the negotiating positions and strategies they are tabling. This gives Stikeman Elliott energy lawyers a huge advantage in negotiations.

Procurement

We have gained extensive familiarity with power procurement processes, acting as counsel to the Ontario Power Authority on the Renewable Energy Supply RES III and the Korean Consortium 2500-MW power contracts. In addition, we have acted for the OPA on the Integrated Power System Plan (IPSP) Procurement Process. We have also represented a variety of potential proponents, developers and independent power producers in connection with several Ontario electricity procurement RFPs: the Combined Heat and Power (CHP) RFP, the Renewable Energy Supply (RES) RFP and Renewable Energy Standard Offer Program (RESOP) proposals. In Nova Scotia, we acted for The Department of Energy for its recent 300 MW renewable energy procurement. Overall, this experience gives us working familiarity with the procurement process and the needs of both proponents and the power system.

Regulatory Matters

Stikeman Elliott has extensive experience in electricity markets across Canada. Stikeman Elliott also acted as counsel to Ontario's Market Design Committee, which was responsible for establishing the framework for the province's electricity deregulation process. This important mandate, awarded after a competitive bidding process, included advising on the drafting of the Electricity Act, 1998 and the Ontario Energy Board Act, 1998 - the key legislation in the deregulation process.

In addition to representing the OPA as described above, we have experience working with a number of other regulatory parties in Ontario including the Independent Electricity System Operator, the Ontario Energy Board, Hydro One, local distribution companies and municipalities. In Alberta, we have acted for ENMAX, Calgary's electric utility, in connection with renewable projects and have appeared before the Alberta Energy and Utilities Board, the Alberta Environmental Appeal Board and the Alberta Surface Rights Board to acquire regulatory approvals on energy projects. In British Columbia, one of our Vancouver partners sat on the Board of BC Hydro. Lawyers across our offices have also appeared before the National Energy Board and the Federal Energy Regulatory Commission.

Stikeman Elliott's client base is both domestic and international. In addition to serving Canadian clients, our Energy Group provides legal services to a variety of American, Asian and European entities on their tax and corporate structure and in relation to their search for opportunities in this sector.

Recognition for Our Work

Stikeman Elliott's energy practice spans the breadth of the Canadian energy industry. International legal directories such as Chambers Global Guide to the World's Leading Lawyers for Business have endorsed our Energy Group, while the Canadian Legal Lexpert Directory notes that Stikeman Elliott is "consistently recommended" in the industry. Individual accolades for lawyers in the group have come from these directories, as well as The Best Lawyers in Canada and the Lexpert/American Lawyer Media Guide to the Leading 500 Lawyers in Canada.


 
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Contacts
Key Contacts

Montréal:
Erik Richer La Flèche
Maxime Turcotte

Toronto:
Eric H. Bremermann
Jim Harbell
Jason Kroft
Melissa Schyven
Glenn Zacher

Ottawa:
Susan M. Hutton

Calgary:
Frederick Erickson
Keith F. Miller 

Vancouver:
Jonathan Drance
Rachel V. Hutton
Scott Perrin

New York:
Kenneth G. Ottenbreit

Sydney:
Brian G. Hansen

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