Sander is Co-Chair of Osler's national Regulatory, Indigenous and Environmental practice, specializing in obtaining regulatory approvals for infrastructure and natural resource projects, as well as representing regulated utilities in disputes regarding tolls and tariffs.
He has experience with matters before the Canada Energy Regulator (formerly 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 Northwest Territories Office of the Regulator of Oil and Gas Operations and federal -provincial Environmental Assessment Joint Review Panels. Sander also has experience with regulatory, environmental and Indigenous matters before all levels of courts in Alberta.
The subject matter of Sander’s recent regulatory work includes oil and natural gas pipelines, oil sands (both mining and in situ), LNG export, hydrogen, offshore drilling, hydro-electric generation, mining (including coal, metal, potash, gravel and diamonds), natural gas processing, electricity transmission and contaminated lands. He also regularly advises clients on their obligations to Indigenous groups and negotiates impact benefit agreements with Indigenous groups on behalf of resource developers.
Sander regularly lectures at the University of Calgary’s Faculty of Law on subjects such as administrative law, environmental law, environmental impact assessments and species at risk. He was also named Lawyer of the Year for Energy Regulatory Law for 2023 by Best Lawyers.
Areas of Expertise
Representative Work
- Trans Mountain Corporation and Kinder Morgan Canada with regard to regulatory and tolling approvals, Indigenous matters and related litigation for the Trans Mountain Expansion Project, which will transport 890,000 bbl/d of petroleum products from Edmonton, Alberta to the west coast of Canada. This work has included dozens of hearings before the Canada Energy Regulator, including the Certificate of Public Convenience and Necessity hearing (OH-001-2014), the reconsideration hearing (MH-052-2018), variance applications, detailed route hearings, constitutional challenges and tolls hearings (RH-001-2012 and RH-002-2023).
- TC Energy with regard to various regulatory applications for its NOVA Gas Transmission Ltd. and Mainline natural gas pipeline systems, including facilities applications for hundreds of kilometers of pipeline extensions and expansions in British Columbia, Alberta and Ontario (including the 2021 NGTL System Expansion, Edson Mainline, North Corridor Expansion, North Montney Mainline, Towerbirch Expansion, 2017 NGTL System Expansion, Vaughan Mainline and King’s North Connection projects), contested tolling applications (including the 2019 NGTL Rate Design and Services Application, Dawn Long Term Fixed Price and 2018-2020 Mainline Tolls applications) and the Peace River Mainline Abandonment application, which was the first large-scale pipeline abandonment application in the history of the National Energy Board. Each of these applications involved public hearings before the National Energy Board or Canada Energy Regulator
- TC Energy with regard to its proposed 650-kilometre Coastal GasLink natural gas pipeline from the Groundbirch area of British Columbia to Kitmat on the west coast, including an environmental assessment before the BC Environmental Assessment Office and a jurisdictional inquiry before the National Energy Board
- TransAlta Corporation in its acquisition of 50% interest in an early-stage pumped hydro energy storage development project
- Canada Infrastructure Bank in its $407.5 million loan to create additional irrigable acres in Alberta
- Drax Group in the acquisition of Princeton Standard Pellet Corporation’s pellet plant
- Prosper Petroleum Limited in its approved Rigel Oil Sands Project
- Veresen Inc. in the sale of its power generation business for $1.18 billion
- Syndicate of underwriters co-led by Scotia Capital Inc. CIBC World Markets Inc., RBC Dominion Securities Inc. and TD Securities Inc. in the $300 million public offering of preferred shares of Kinder Morgan Canada Limited
- Syndicate of underwriters co-led by TD Securities Inc. and RBC Dominion Securities Inc. in the $1.75 billion initial public offering of Kinder Morgan Canada Limited
- VCD Aggregates Inc. with regard to a gravel pit in Central Alberta and associated litigation
- A confidential client on the regulatory reforms proposed in Bill C-69, including drafting proposed amendments to the legislation
- Inter Pipeline Ltd. in its participation in the Enbridge tolling application before the Canada Energy Regulator regarding the tolls and tariffs applicable to the Enbridge Canadian Mainline pipeline system
- Syndicate of underwriters co-led by Scotia Capital Inc. CIBC World Markets Inc., RBC Dominion Securities Inc. and TD Securities Inc. in the $300 million public offering of preferred shares of Kinder Morgan Canada Limited
- Syndicate of underwriters co-led by TD Securities Inc. and RBC Dominion Securities Inc. in the $1.75 billion initial public offering of Kinder Morgan Canada Limited
- Teck Resources Limited with regard to its $14.5 billion Frontier oil sands project north of Fort McMurray, Alberta, including a public hearing before the Alberta Energy Regulator for its 2012/2013 winter oil sands exploration program
- Parkland Fuel Corporation with regard to its participation in the Ontario Energy Board’s Generic Proceeding on Community Expansion, which involved a public hearing before the Ontario Energy Board
- Inter Pipeline Ltd. with regard to a regulatory appeal of an Alberta Energy Regulator decision to deny approvals for a pipeline watercourse crossing mitigation project
- PetroChina Canada (formerly Brion Energy Corporation) with regard to its 250,000 bbl/d Dover Commercial Project, a proposed steam-assisted gravity drainage oil sands project north of Fort McMurray, Alberta. This project included a public hearing before the Alberta Energy Regulator
- Shell Canada Limited with regard to its 100,000 bbl/d expansion of the Jackpine oil sands mine near Fort McMurray, Alberta, including a public hearing before a Joint Federal-Provincial Review Panel
- Chevron Canada Limited with their submissions and participation in the Canada Energy Regulator’s (formerly the National Energy Board) 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 (now Canada Energy Regulator) for approval to export LNG from British Columbia to the Asia Pacific region, which included a public hearing before the National Energy Board
- Nalcor Energy with regard to its 3,074 MW Lower Churchill Hydroelectric Project and 1,100 kilometre Labrador-Island Transmission Link in Newfoundland and Labrador, including 45 days of public hearings before a Joint Federal-Provincial 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
- Alderon Iron Ore Corp. with regard to its Kami iron ore mine near Labrador City in Western Labrador, including provincial and federal environmental assessments
- Drax Group in the acquisition of Princeton Standard Pellet Corporation’s pellet plant
- Prosper Petroleum Limited in its approved Rigel Oil Sands Project
- Veresen Inc. in the sale of its power generation business for $1.18 billion
- Syndicate of underwriters co-led by Scotia Capital Inc. CIBC World Markets Inc., RBC Dominion Securities Inc. and TD Securities Inc. in the $300 million public offering of preferred shares of Kinder Morgan Canada Limited
- Syndicate of underwriters co-led by TD Securities Inc. and RBC Dominion Securities Inc. in the $1.75 billion initial public offering of Kinder Morgan Canada Limited
- VCD Aggregates Inc. with regard to a gravel pit in Central Alberta and associated litigation
- A confidential client on the regulatory reforms proposed in Bill C-69, including drafting proposed amendments to the legislation
- Inter Pipeline Ltd. in its participation in the Enbridge tolling application before the Canada Energy Regulator regarding the tolls and tariffs applicable to the Enbridge Canadian Mainline pipeline system
- Syndicate of underwriters co-led by Scotia Capital Inc. CIBC World Markets Inc., RBC Dominion Securities Inc. and TD Securities Inc. in the $300 million public offering of preferred shares of Kinder Morgan Canada Limited
- Syndicate of underwriters co-led by TD Securities Inc. and RBC Dominion Securities Inc. in the $1.75 billion initial public offering of Kinder Morgan Canada Limited
- Teck Resources Limited with regard to its $14.5 billion Frontier oil sands project north of Fort McMurray, Alberta, including a public hearing before the Alberta Energy Regulator for its 2012/2013 winter oil sands exploration program
- Parkland Fuel Corporation with regard to its participation in the Ontario Energy Board’s Generic Proceeding on Community Expansion, which involved a public hearing before the Ontario Energy Board
- Inter Pipeline Ltd. with regard to a regulatory appeal of an Alberta Energy Regulator decision to deny approvals for a pipeline watercourse crossing mitigation project
- PetroChina Canada (formerly Brion Energy Corporation) with regard to its 250,000 bbl/d Dover Commercial Project, a proposed steam-assisted gravity drainage oil sands project north of Fort McMurray, Alberta. This project included a public hearing before the Alberta Energy Regulator
- Shell Canada Limited with regard to its 100,000 bbl/d expansion of the Jackpine oil sands mine near Fort McMurray, Alberta, including a public hearing before a Joint Federal-Provincial Review Panel
- Chevron Canada Limited with their submissions and participation in the Canada Energy Regulator’s (formerly the National Energy Board) 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 (now Canada Energy Regulator) for approval to export LNG from British Columbia to the Asia Pacific region, which included a public hearing before the National Energy Board
- Nalcor Energy with regard to its 3,074 MW Lower Churchill Hydroelectric Project and 1,100 kilometre Labrador-Island Transmission Link in Newfoundland and Labrador, including 45 days of public hearings before a Joint Federal-Provincial 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
- Alderon Iron Ore Corp. with regard to its Kami iron ore mine near Labrador City in Western Labrador, including provincial and federal environmental assessments
Latest Insights
-
Osler Update Jul 18, 2024
Blueberry River First Nations files claim against B.C. for the Gundy Plan
On July 8, 2024, Blueberry River First Nations (BRFN) filed a Notice of Civil Claim[1] (the Claim) against the province of British...
Read more
-
Osler Update May 2, 2024
Amendments to Impact Assessment Act released – triage or major surgery?
The Canadian federal government has released draft amendments to the Impact Assessment Act responding to the October 2023 constitutional reference.
Read more
-
Osler Update Apr 30, 2024
B.C. recognizes Haida Nation’s title to Haida Gwaii — what the historic agreement makes clear, and questions remaining
A recent agreement between B.C. and the Council of the Haida Nation is one of very few instances in which Aboriginal title has been formally...
Read more
-
Osler Update Jan 24, 2024
Nunavut to take control of Crown land within territory following devolution agreement with Canada
Last week, the federal government agreed to transfer control of Crown lands in Nunavut to the territory by April 2027. We look at the history of...
Read more
Awards and Recognition
-
Recognized in Aboriginal Law; Energy: Oil & Gas (Regulatory)
—Chambers Canada -
Recognized in Aboriginal Law; Energy: Oil & Gas (Regulatory)
—Chambers Global -
Recognized in Energy (Oil & Gas); Aboriginal Law; Environmental Law
—The Canadian Legal Lexpert Directory -
Recognized in Energy Law; Energy Regulatory Law (2024); “Lawyer of the Year”, Energy Regulatory Law (2023)
—Best Lawyers in Canada
-
Recognized as leading lawyer for Energy
—Lexpert -
Recognized as a leading author for Infrastructure – Canada
—Lexology -
Recognized in Canada – Energy; Canada – Environment
—Who's Who Legal -
Recognized as a Next Generation Partner in Environment
—Legal 500
Media Mentions
-
Osler News Oct 23, 2023
Nine Osler lawyers recognized in Lexpert Special Edition: Mining 2023
Congratulations to nine Osler lawyers recognized in the Lexpert Special Edition: Mining 2023, highlighting leading lawyers in the sector.
Read more -
Media Mentions Oct 13, 2023
Two conversations: Ottawa’s Impact Assessment Act (Formerly Bill C-69) and The Pembina Institute – ARC Energy Ideas Podcast
Sander Duncanson, Co-Chair of Osler’s Regulatory, Indigenous and Environmental practice appeared on the ARC Energy Ideas Podcast for a conversation...
Read more -
Osler News Sep 25, 2023
22 Osler lawyers recognized in Lexpert Special Edition: Energy 2023
Osler is proud to announce that 22 of our lawyers are featured in the Lexpert Special Edition: Energy 2023, recognizing leading lawyers in the oil...
Read more -
Media Mentions Jul 6, 2023
Clean Fuel Regulations take broad, open-minded approach, but need consistent administration – Canadian Lawyer
Compared to other jurisdictions, Sander Duncanson tells Canadian Lawyer that Canada’s Clean Fuel Regulations, which came into effect on July 1,...
Read more
Community Involvement
- Sander participated in GenYYC, a leadership development program through a collaborative partnership between the Calgary Chamber and the Calgary Foundation. GenYYC is a program designed to build leaders with the skills to create innovative, out of the box solutions that impact how we all live, work and play in Calgary.
Speaking and Writing
Speaking Engagements
Energy Connections Canada Annual Conference
Panelist, “Defining the Rules of the Game”, June 3, 2024
Canadian Institute 12th National Symposium: Cumulative Effects Assessment and Environmental Management
Speaker, “The Impact of Recent Disputes and Legislation: Lessons Learned and Implications for Future Resource Development in Canada”, April 9-10, 2024
Canadian Energy Law Foundation 2023 Jasper Research Seminar
Co-Presenter, “The Regulation and Litigation of Cumulative Effects on Indigenous Rights Following the Yahey Decision and Blueberry River First Nation Settlement And the Potential Effects on the Energy Industry”, June 14-17, 2023
Canadian Energy Law Foundation 2022 Jasper Research Seminar
Co-Presenter, “The Evolution of Canada’s Carbon Markets and their Role in Energy Transition”, June 15-18, 2022
Alberta Chamber of Resources
Presenter, “Crown’s Duty to Consult in relation to Economic Reconciliation”, Calgary, Alberta, November 24, 2021
Natural Gas World – Canadian Gas Dialogues Conference 2020
Panelist, September 21, 2020
Canadian Bar Association Presentation
Speaker, “Regulatory and Litigation year in review for Energy and Environmental lawyers”, January 13, 2020
Canadian Bar Association Presentation
Co-presenter, “Resilience and High Ground: How Trans Mountain is Successfully Executing the Most Contentious Energy Project in Canadian History”, Calgary, Alberta, September 18, 2019
Natural Gas World Conference
Speaker, Broad Cross-Section of Natural Gas Industry regarding Bill C-69, April 23, 2019
Canadian Institute’s Environmental Law & Regulation in Alberta Conference
Presenter, “Best Practices for Managing Interjurisdictional Issues”, Calgary, Alberta, June 22, 2016
Canadian Association of Environmental Law Societies Conference
Panelist, September 13-14, 2015
Canadian Institute’s Environmental Law & Regulation in Alberta Conference
Presenter, “Provincial and Municipal Jurisdiction over Federal Pipelines“, Calgary, Alberta, June 3, 2015
Canadian Institute’s Environmental Law & Regulation in Alberta
Panelist, “Projects That Attract Federal, Provincial and Municipal Regulation”, June 2-3, 2015
Canadian Energy Law Foundation Fundamentals Conference
Co-presenter with Michelle Forrieter (Cenovus), “Aboriginal Law Overview, Practical Applications & Hot Topics“, Banff, Alberta, March 5, 2015
Canadian Association of Environmental Law Societies Conference
Debate with Matt Horne of the Pembina Institute, Prospects for LNG in Canada: Environmental Regulation, Royalty Schemes, and Broader Environmental Goals, Calgary, Alberta, February 13, 2015
Canadian Bar Association
Presenter, AER Update: Understanding Regulatory Appeals, November 13, 2014
Canadian Bar Association
Presenter, Regulatory and Aboriginal Issues Facing the Pipeline Industry, June 5, 2014
Association of International Petroleum Negotiators, Canada LNG Seminar
Presenter, Transportation and Environmental Regulatory Considerations for LNG Projects, Calgary, Alberta, September 10, 2013
Coaltrans West Coast Conference
Presenter, Regulatory Requirements and Considerations for Coal Projects in Western Canada, Las Vegas, USA, June 14, 2013
Canadian Institute’s Environmental Law & Regulation in Alberta Conference, The Canadian Institute
Presenter, Understanding Changes to the Fisheries Act, the Species at Risk Act and the Navigable Waters Protection Act, Calgary, Alberta, June 6, 2013
Canadian Bar Association
Presenter, CEAA 2012: Specific Issues for Industry, Calgary, Alberta, March 4, 2013
Canadian Energy Law Foundation Conference
Co-presented with Janice Buckingham, David Holub (Apache) and Laura Letourneau (Apache), The New Dawn: Commercial and Regulatory Considerations Affecting LNG Export from BC, Jasper, Alberta, June 14, 2012
Canadian Bar Association’s National Environmental, Energy and Resources Law Summit
Presenter, Coalbed Methane and Produced Water in Alberta, Banff, Alberta, April 7, 2011
Interviews
Globe and Mail, “How a tiny First Nation forced an overhaul of land use”, March 8, 2022
Engineering News Report, “Alberta Seeks New Carbon Capture Approaches”, November 18, 2021
Lexpert TV, “Sander Duncanson, Partner at Osler, speaks about Energy Law”, October 15, 2021
Energy and economy in transition: the challenges and opportunities on the way to a low carbon future, Lexpert, August 26, 2021.
Lexpert, “Energy and economy in transition: the challenges and opportunities on the way to a low carbon future”, August 26, 2021Financial Post, “B.C. court ruling could mean First Nations consent needed for any new project on historic treaty lands”, July 28, 2021
Published Work
The Regulation and Litigation of Cumulative Effects on Indigenous Rights Following the Yahey Decision and Blueberry River First Nation Settlement and the Potential Effects on the Energy Industry, Alberta Law Review, December 8, 2023
The Evolution of Canada’s Carbon Markets and Their Role in Energy Transition, Alberta Law Review, December 9, 2022
Preliminary Strategies for Managing Aboriginal Risks, iComply for Mining in Canada, September 2012.
Managing Produced Water from Coalbed Methane Operations: A Critical Examination of Alberta’s Regulatory Framework, Eco-bulletin, August 2010.
Credentials
Education
- University of Calgary, LL.B. (Distinction)
- Queen’s University, B.A. (Hons.)
Languages
- English
Professional Affiliations
- Canadian Bar Association (former Chair, Environmental Law Section, Alberta South)
- Calgary Bar Association
- Law Society of Alberta
- Law Society of British Columbia
