Our Electricity Markets Group

With the increase in renewable energy and the revitalization of energy infrastructure, clients face a constantly shifting competitive environment. To compete effectively, clients need a strategic and innovative partner to keep them informed of industry trends, protect their interests, manage risks, and strengthen their business. Borden Ladner Gervais LLP (BLG) has the demonstrated expertise to handle the wide range of specialized legal and strategic issues that arise in the electricity sector. Our Electricity Markets Group consists of a team of professionals who understand the business, and the regulatory and financial issues that confront industry stakeholders.

At BLG, our multidisciplinary team has extensive experience advising developers, generators, electricity distributors, transmitters, electricity marketers, lenders, equity providers, major consumers, utilities and statutory agencies in connection with legal and business issues, opportunities and the latest developments facing the electricity sector.

As the largest full-service law firm in Canada, BLG is able to leverage the scope of our professionals in six offices across Canada and provide expertise in matters relating to the electricity sector. We have significant experience in strategic planning, M&A, financing, tax, project development, regulatory issues, alternative energy, clean technologies and climate change.

BLG's commitment to our clients has resulted in the frequent recognition of many of our legal professionals at home and abroad. The professionals in BLG's Electricity Markets Group have been recognized in the 2012 editions of The Best Lawyers in Canada® and The Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada, and the 2011 editions of Chambers Global – The World's Leading Lawyers for Business and The Canadian Legal Lexpert® Directory, and was one of the nominees for the 2010 Americas Tax Awards - North America Energy Tax Firm of the Year. In the 2011 edition of Chambers Global, BLG is ranked first in Canada for Energy: Power and is noted for its “broad regulatory practice that attracts much praise. The partners also demonstrate skill in project financing in the electricity sector." Linda Bertoldi, chair of the National Electricity Markets Group, was recognized by The Best Lawyers in Canada® as the 2012 Toronto Energy Regulatory Law Lawyer of the Year. She was also recognized by Public Utilities Fortnightly magazine as a "Groundbreaking Lawyer of 2010" and the only Canadian lawyer to receive this recognition.

With an in-depth understanding of the complexities within the electricity sector and an unparalleled commitment to client success, BLG is well positioned to provide experienced, pragmatic advice and innovative solutions to the challenges facing clients today.

Our Services

Commercial Legal Services

We advise clients on developing, financing, constructing and operating power projects representing all major technologies – wind, solar, combined cycle, cogeneration, water power, biomass, bio fuels, and district energy. We have a wide range of experience in M&A, restructuring, procurement and complex contractual arrangements in the electricity sector.

We provide legal and business advice on the following:

Transmission and Distribution Rate Design
Gas Supply an d Transportation Issues
Construction and Project Management Agreements
Environmental Permitting and Compliance
Land Acquisition, Municipal Approvals and Re-zoning, Title Questions
Operation and Management Agreements
Steam Sale Agreements
Power Purchase Agreements
Energy Services Agreements
District Energy
Integrated Resource Planning for Natural Gas Services
Tax Issues Related to Energy Projects
Dispute Resolution
Bonding, Insurance
Retention and Direction of Experts
Government Relations
Municipal Electric Utility Restructuring, Strategic Planning and Commercialization
First Nations
Water Rights
Licensing

Regulatory Legal Services and Strategic Planning

We have extensive experience representing clients involved in energy issues before regulatory agencies in all provinces as well as the National Energy Board. Our lawyers have also been very involved in the restructuring of the energy sector to facilitate renewable generation and promote conservation and demand management and have advised on the Ontario and Alberta electricity restructurings for stakeholder groups including producers, generators, municipalities, distributors and financing parties.

Tax Services

Clients look to BLG for one of the pre-eminent tax practices in Canada with particular expertise in energy matters. In that capacity, we advise on the following:

The appropriate structure to maximize tax efficiency including utilization of enhanced capital cost allowance and Canadian Renewable and Conservation Expenses (CRCE).
Structuring partnerships and special purpose corporations to maximize cash flow to non-taxable investors and reduce non-recoverable corporate and capital taxes.
Due diligence on issues such as the characterization of project costs as Class 43.1 and potential application of limitations on the use of tax benefits, such as the specified energy property rules, and other financing issues.

Renewable Energy

Our experience in the energy sector extends to alternative sources of energy and renewable energy. We have in-depth experience in the development, financing, construction, and operation of renewables and alternative energy projects including solar, wind, waterpower, geothermal, biomass and biofuels.

Clean Technology

As clean technology firms continue to change the face of Canada's energy sector and lead the innovation agenda, BLG is right there with them. BLG offers specific expertise relating to corporate structuring and planning, construction, environmental, real estate, tax, finance, information technology, government relations, climate change and intellectual property issues that face clean technology companies in Canada today.

Climate Change

Clients turn to BLG for our wealth of expertise and experience in all areas of climate change law – in Canada and internationally. Our lawyers represent government, trade associations and businesses from all sectors of the economy. Our lawyers have extensive experience in emissions trading, carbon off-sets and recent federal and provincial legislative initiatives.

Project Financing

BLG's Financial Services Group and Electricity Markets Group have advised borrowers and lenders on project financing of electricity projects across Canada. We have in-depth expertise in structuring financing transactions and the intensive due diligence process which is the foundation of a successful project financing.