Power & Utilities – Regulatory, Environmental, Indigenous & Land

Companies must comply with many regulatory bodies, land-use planning entities and stakeholder groups in order to get a new power and utility project off the ground. With the sector increasingly investing in renewables and an increased focus on environmental standards and consultation with Indigenous groups, the rules and requirements needed to comply with on a project are complex and will only increase in the years ahead.

The Regulatory, Environmental, Indigenous and Land Group at Osler is an integrated team operating across Canada with significant expertise advising on a range of issues that span the power and utilities sector. Together, they provide timely and practical strategic advice to this industry as it grows and changes with the demands of the market.

Osler’s Regulatory team, which is ranked Band 1 by leading legal publication Chambers Canada, has significant experience handling power-and-utilities-related regulatory matters. Working within the Regulatory, Environmental, Indigenous and Land Group, it has successfully managed matters ranging from environmental and Indigenous, to land and market regulation with companies in the power and utilities sector. We provide assistance on developing large-scale industrial projects, including pipelines and electric generation facilities, and have helped many companies obtain all the necessary regulatory approvals.

According to a report from Indigenous Clean Energy, the number of medium-to-large clean energy projects with Indigenous involvement has seen a 30% growth rate across Canada since 2017, while many groups have taken ownership stakes in projects that have crossed over their lands. With more First Nations communities looking to invest in power and utility projects, and with companies needing to consult with Indigenous leaders on program buildouts, businesses will need to pay more close attention to these relationships than they may have in the past. Navigating these areas of concern requires a team, which is why it’s important to work with a firm that understands every nuanced rule that applies to the power and utilities industry.

The Regulatory, Environmental, Indigenous and Land Group also helps clients in all aspects of environmental litigation, and can provide guidance on existing operations, risk management and mitigation and emergency response if an environmental incident arises.

As the power sector moves towards more renewable projects, environmental and land-use issues will arise, and it will be important to work effectively with all community stakeholders and stay on the right side of regulatory requirements. That is why you need to work with a firm that can help you overcome any obstacle and ensure your project stays on track.

Recent experience

Aura Power Renewables Ltd.

Aura Power Renewables Ltd. in its Fox Coulee Solar Project approval by the Alberta Utilities Commission. This was the first commercial solar project to go to a hearing and is presently the largest solar project in Alberta. Aura Power Renewables Ltd. is a developer and operator of clean energy power plants.

Learn more about our work with Aura Power Renewables Ltd.
two wind farm engineers working on the control panel of a wind turbine.

innogy SE

innogy SE in its decision to construct two solar projects in Canada with a total capacity of 57 MWp.  innogy SE is an energy company based in Essen, Germany. The Hull (30 MWp) and Vauxhall (27 MWp) solar projects are located in southern Alberta near the Town of Vauxhall.

Learn more about our work with innogy SE
Solar field at sunrise

Henvey Inlet Wind LP

Henvey Inlet Wind LP in the $1 billion financing and construction of the 300 megawatt Henvey Inlet Wind project located on Henvey Inlet First Nation Reserve No. 2 on the northeast shore of the Georgian Bay in Ontario. This project is the largest wind project in Ontario and the first on-reserve wind power project.

Learn more about our work with Henvey Inlet Wind LP
Wind turbines on a hill

TC Energy

TC Energy in the sale of its Ontario solar portfolio to Axium Infinity Solar LP for approximately $540 million. TC Energy’s Ontario solar portfolio comprised of eight facilities with a total generating capacity of 76 megawatts. This transaction will help fund TC Energy's $24 billion near-term capital program.

Learn more about our work with TC Energy
Solar field at sunrise
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