Energy (Renewable) and Environmental Financing: Overview

Osler’s sustainable development, climate change and environmental practitioners work in tandem with our widely recognized and highly respected Energy Group on every aspect of renewable energy development and environmental finance. We advise on all aspects of domestic and international renewable energy projects and conservation initiatives, as well as emissions trading and renewable energy credit trading matters.

Clients choose Osler for these initiatives because of our unique ability to provide seamless coverage on the full range of issues facing their projects including:

  • Project structuring;
  • Tax planning & optimization;
  • Power purchase and other renewable energy project agreements;
  • Co-generation issues including thermal off-take arrangements with host facilities;
  • Project licensing and permitting; real property and municipal planning approvals;
  • Regulatory compliance;
  • Balance of plant agreements;
  • Project finance for innovative sustainable energy projects;
  • Public and private debt and equity financing;
  • Emissions reduction purchase agreements;
  • Transmission and distribution issues;
  • Renewable energy credit purchase agreements;
  • Aboriginal rights, consultation and partnering arrangements;
  • Climate change and environmental impact.

Renewable Energy and Environmental Finance

We advise various levels of government, developers, contractors, generators, transmission and distribution companies, municipal and provincial electric utilities, lenders and underwriters, public and private investors, and energy marketing and trading companies on renewable energy projects and environmental finance.

Public Procurement of Renewable Energy Projects

We advise on the design and implementation of competitive procurements for renewable energy and conservation and demand management projects, as well as the design, stakeholdering and implementation of standard offer programs such as the Ontario Power Authority’s Feed-in Tariff Program implemented in connection with the Government of Ontario’s Green Energy and Green Economy Act, 2009.

Renewable Energy Project Agreements

We advise on the design and negotiation of physical and financial settled power purchase agreements, contracts for differences and trading and retail marketing arrangements. We are experienced in negotiating various equipment supply agreements (including those for turbine generators, transformers and interconnection equipment), interconnection agreements with transmission and distribution companies, transportation agreements, engineering, procurement and construction contracts, and balance of plant agreements.

Project Finance and Risk Assessment

We advise on all aspects of debt and equity financing of renewable energy projects, including due diligence services.

Environmental Attributes and Emissions Trading

We advise on regulatory compliance and commercial transactions relating to renewable energy credits (or certificates) and emissions trading markets, and the negotiation and financing of ownership rights for all forms of “related products” or “environmental attributes” from renewable energy and demand management projects. We frequently advise on public company disclosure relating to emissions regulation and other environmental compliance risks.