Sander Duncanson

Sander Duncanson, Associate, Environmental, Regulatory and Aboriginal

Contact Information

  • tel: 403.260.7078
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Bar Admission

Alberta, 2011 ; British Columbia, 2014

Education

  • University of Calgary, LL.B. (Distinction)
  • Queen’s University, B.A. (Hons.)

Office

Calgary

Language(s)

English

Biography

Sander specializes in environmental, regulatory and aboriginal law issues for natural resource development projects. He has experience with matters before the National Energy Board, the Alberta Energy Regulator (and its predecessor the Energy Resources Conservation Board), the Ontario Energy Board, the British Columbia Environmental Assessment Office, the Alberta Utilities Commission, the Public Lands Appeal Board and federal-provincial Environmental Assessment Joint Review Panels. Sander also has experience with regulatory, environmental and aboriginal matters before the Alberta Court of Queen’s Bench, the Alberta Court of Appeal and the Federal Court of Canada. The subject matter of Sander’s recent regulatory work includes oil and natural gas pipelines, oil sands (both mining and in situ), LNG export, offshore drilling, hydro-electric generation, mining (including coal, metal, potash and diamonds), natural gas processing, electricity transmission and contaminated lands.

Notable Matters

  • TransCanada Pipelines Limited with regard to obtaining a certificate of public convenience and necessity before the National Energy Board for their Northwest Mainline Expansion, Leismer to Kettle River Crossover, Komie North Extension Projects, North Montney and Wolverine River Lateral Loop projects. Issues in these proceedings involved natural gas supply and demand toll treatment, cumulative environmental effects under the Canadian Environmental Assessment Act and aboriginal consultation.
  • Prosper Petroleum Ltd. with regard to obtaining regulatory approvals for the Rigel in situ oil sands project, including regulatory appeal into Prosper’s 2014/2015 winter drilling program in support of the project
  • Kinder Morgan Canada in its National Energy Board approval for the toll methodology for the proposed expansion of the Trans Mountain Pipeline System, Which will transport 890,000 barrels per day of petroleum products from Edmonton, Alberta to the west coast of Canada.
  • Teck Resources Limited with regard to its 2012/2013 winter oil sands drilling program for the Frontier Project, which involved a public hearing before the Alberta Energy Regulator.
  • Brion Energy Corporation (formerly Dover Operating Corp.) with regard to obtaining all necessary regulatory approvals for their Dover Commercial Project, a proposed 250,000 bbl/d steam-assisted gravity drainage oil sands project.
  • Shell Canada Limited with their Jackpine Mine Expansion, and Pierre River Mine with regard to obtaining all regulatory and environmental approvals (including federal-provincial Joint Review Panel hearings) and advising on Aboriginal issues.
  • Chevron Canada Limited with their submissions and participation in the National Energy Board’s Arctic Offshore Drilling Review to determine future filing requirements to drill in the Canadian Arctic offshore.
  • KM LNG Operating General Partnership and Apache Canada Ltd. in an application to the National Energy Board  for approval to export LNG from British Columbia to the Asia Pacific region. Issues involved in the application included upstream shale gas developments and supply availability, downstream marine environmental concerns, aboriginal consultation, and impacts of the proposed export on the Canadian natural gas market and the North American natural gas market. The application was one of the first ever LNG export licence requests made to the NEB and was for the single largest applied-for volume and term in Canadian history.
  • Nalcor Energy in an application to construct and operate the 3074 MW Lower Churchill hydroelectric project in Labrador. Issues involved environmental, aboriginal, economic and socio-economic concerns. This application involved 45 days of public hearings with a federal-provincial Joint Review Panel.
  • Hydro One Networks Inc. in an application to the Ontario Energy Board for approvals to grant expropriation authorization to Ontario’s largest electric transmission company in order to allow construction and development of an approximately 300 km 500 kV transmission line.

Affiliations

  • Canadian Bar Association (Chair, Environmental Law Section, Alberta South)
  • Calgary Bar Association
  • Law Society of Alberta

Publications/Events/Education

  • AER Update: Understanding Regulatory Appeals, presented to the Canadian Bar Association, November 13, 2014
  • Transportation and Environmental Regulatory Considerations, presented at the Association of International Petroleum Negotiators, Canada LNG Seminar, Calgary, Alberta, September 10, 2013.
  • Regulatory Requirements and Considerations for Coal Projects in Western Canada, presented at Coaltrans West Coast Conference, Las Vegas, USA, June 14, 2013.
  • Regulatory and Aboriginal Issues Facing the Pipeline Industry, presented to the Canadian Bar Association, June 5, 2014
  • New Details on Implementation of Alberta’s Single Energy Regulatory, Osler Update, June 7, 2013.
  • Understanding Changes to the Fisheries Act, the Species at Risk Act and the Navigable Waters Protection Act, presented at the Environmental Law & Regulation in Alberta Conference, The Canadian Institute, Calgary, Alberta, June 6, 2013.  
  • CEAA 2012: Specific Issues for Industry, presented at the Canadian Bar Association, Calgary, Alberta, March 4, 2013
  • Alberta First Nations Challenge Constitutionality of Federal Regulatory Reforms, Osler Update, January 9, 2013.
  • Preliminary Strategies for Managing Aboriginal Risks, iComply for Mining in Canada, September 2012.
  • Government of Alberta Approves Lower Athabasca Regional Plan, Osler Update, August 23, 2012.
  • The New Dawn:  Commercial and Regulatory Considerations Affecting LNG Export from BC, co-presented with Janice Buckingham, David Holub and Laura Letourneau, Canadian Energy Law Foundation conference, Jasper, Alberta, June 14, 2012.
  • Federal Government Releases Draft Legislation to Reform Federal Regulatory System, Osler Update, April 27, 2012.
  • Federal Budget Details Changes to Federal Regulatory Process, Osler Update, March 30, 2012.
  • Federal Budget Standing Committee Provides First Indications of the Content of Pending Regulatory Reform, Osler Update, March 15, 2012.
  • NEB Grants Kitimat LNG Project Crucial Export Licence, Osler Update, October 14, 2011.
  • Newfoundland Supreme Court Dismisses Aboriginal Injunction Application, Osler Update, March 24, 2011.
  • Coalbed Methane and Produced Water in Alberta, presented at the Canadian Bar Association’s National Environmental, Energy and Resources Law Summit, Banff, Alberta, April 7, 2011.
  • Changes to Alberta’s Offset Credit Regime, Osler Update, February 3, 2011
  • Alberta Commits to Overhauling Upstream Oil and Gas Regulatory Regime, Osler Update, January 31, 2011.
  • Further Certainty on the Duty to Consult and a Tribunal’s Role in Assessing Adequacy of Consultation, Osler Update, November 2, 2010.
  • Managing Produced Water from Coalbed Methane Operations: A Critical Examination of Alberta’s Regulatory Framework, Eco-bulletin, August 2010.
  • Federal Government Introduces Offset System for Greenhouse Gases, Osler Update, June 12, 2009.