Stikeman Elliott
 
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Government & Constitutional
Government Relations, Regulatory & Public Policy
Ottawa, as the seat of the Canadian federal government, is the centre of our regulatory and public policy practice. Lawyers in our Ottawa office offer wide experience in major federally-regulated commercial sectors. By drawing teams from a cross-section of practice areas, from business law to litigation, we provide government relations advocacy services and assistance with regulatory and public policy issues to clients in a range of industries, including financial institutions, telecommunications, transportation and energy.

Members of our Government Relations, Regulatory and Public Policy Group with extensive knowledge of current policy and regulatory environments include Michel Décary, Q.C, a former Associate Deputy Minister of the Justice of Quebec, Gregory Kane, Q.C in the telecommunication sector, Donald Kubesh in government procurement and Stuart McCormack in the intellectual property sector. In addition, our lawyers also have public policy expertise, particularly Ed Waitzer in the financial services area.

Many major sectors in Canada are also regulated provincially (instead of or in addition to federally), and for this reason we offer considerable expertise in such areas as environmental regulation, energy, employment and labour, pensions and benefits, and taxation. Because of our strong practice in cross-border transactions, all of our offices are familiar with regulation in Canada of cross-border investments and the regulatory aspects of establishing and operating a business, or otherwise investing, in Canada.

Representative Services

We strive to ensure a mutually beneficial relationship between our clients and the government, based on our extensive knowledge of current policy and regulatory environments, and our ability to foresee how changes in these areas will positively or negatively impact on our clients. Services we provide include:

  • Government Issue Advocacy
  • Alternative Dispute Resolution and Mediation
  • Public Consultations, Facilitation and Consensus Building
  • Second Opinions, Assessments and Evaluations
  • Overseas Legal, Judicial and Policy Reform
  • Public Policy Research, Analysis and Development

Experience in Specific Regulatory Areas

Procurement

Lawyers at our Ottawa office have acted on behalf of private and public companies in both military and civilian government procurement matters. These mandates included advice on government relations, structure and bid submissions on contractual matters in addition to appearing at the Canadian International Trade Tribunal on behalf of clients in competitive bidding and contractual process issues. As well, there is extensive experience in this group of lawyers in dealing with policy and process issues, as well as substantive law and regulations at the Department of Foreign Affairs on export and import controls for goods on the Export and Import Control Lists, which are often a sub-category of procurement questions.

Broadcasting & Telecommunications

The telecommunications sector in Canada is subject to a significant degree of regulation. Members of our Telecommunications Law Practice Group have in-depth experience with the principal regulatory forums, including the Canadian Radio-television and Telecommunications Commission (CRTC), the Departments of Industry and Canadian Heritage as well as the Federal Court and Supreme Court of Canada in judicial review activities. With respect to telecommunications, we have been involved in major regulatory proceedings ranging from rate and service proceedings, through to applications for entry and the provision of competitive telecommunication services such as domestic and international resale and sharing, cellular telephone, PCS, global mobile satellite and the Internet. With respect to broadcasting, we have acted in a wide variety of proceedings including licensing of radio, television and specialty undertakings, cable television, satellite and other wireless broadcasting distribution undertaking activities, authority for the transfer of licences as a result of acquisitions or mergers, licence renewals, and policy proceedings as well as CRTC jurisdiction with respect to conventional and new media services relative to Internet distribution.

Competition

As the only major Canadian competition law practice with a strong presence in Ottawa, Stikeman Elliott has developed a strong relationship with key players in the Government of Canada. The group deals on an ongoing basis with officials of the Competition Bureau, Investment Canada, the Department of Finance, the Department of Justice, Transport Canada and other important government departments and agencies, such that regulatory strategies are seamlessly integrated.

International Trade

Lawyers in the International Trade Law Group have considerable expertise in Canadian federal laws governing international trade, including customs, trade remedies, export and import controls, dispute resolution and international trade agreements, as well as extensive experience in government relations and legislative affairs. They act for governments, industry associations and major corporations in respect of international agreements such as the North American Free Trade Agreement (NAFTA) and those under the aegis of the World Trade Organization (WTO). International Trade Group members serve as editors and contributors to numerous legal and business journals.

Intellectual Property

Clients frequently consult Stikeman Elliott to assist them in monitoring, understanding and influencing ongoing policy developments in a number of intellectual property areas. Stikeman Elliott is very active in negotiations concerning amendments to Canadian intellectual property legislation, in particular the Copyright Act. Drawing largely on our Ottawa office, which is the heart of Stikeman Elliott's regulatory practice, clients regularly benefit from our experience and understanding of the federal legislative and regulatory processes.

Energy

Stikeman Elliott was counsel to the Market Design Committee responsible for establishing the framework for electricity market deregulation in the province of Ontario and to the Transmission Administrator in Alberta and has acted as counsel to ENMAX Corporation, the City of Calgary's electric utility, in restructuring and preparing for the deregulation of Alberta's electricity industry - mandates that have given the firm a unique understanding of the legal and practical issues affecting power transmission and generation companies operating in Canada.

Financial Services

Many of the transactions in which we have acted involved significant regulatory advice. As a result, we have developed an in-depth understanding of the regulatory framework governing the sector at the federal and provincial levels, a good working relationship with regulators, and extensive knowledge of the public-policy environment in which they operate. In particular, we have worked closely with the Office of the Superintendent of Financial Institutions (OSFI), which governs financial institutions at the federal level. We also have numerous contacts within the federal Department of Finance, which is responsible for drafting the policies, regulation and legislation that the OSFI and the department enforce. Similarly, at the provincial level, we have strong ties to both regulators and policy analysts and advisors.

Environmental

Our environmental law group advises a range of clients, including governments, on required approvals and licences and the implementation of procedures and policies to assure legislative compliance. We act on environmental matters in a wide range of legal transactions, including the overseeing of due diligence investigations. As well as appearing before regulatory boards and review panels, we represent public and private sector clients in investigations and litigation relating to, among other things, the clean up of contaminated properties and spills.


 



 
Related Practices
Contacts
Key Contacts

Broadcasting & Telecommunications
Greg Kane Q.C.

Competition
Paul Collins
Katherine Kay
Susan Hutton
Jeffrey Brown

Energy
Kemm Yates Q.C.
Erik Richer La Flèche

Environmental
Jim Harbell

Financial Services
Marc Barbeau
Brian Rose

Intellectual Property
Stuart McCormack

Trade
Glenn Cranker
Donald Kubesh

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