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Sander Duncanson

Sander Duncanson

Associate, Environmental, Regulatory and Aboriginal


Contact Information

sduncanson@osler.com

tel: 403.260.7078

Office

Calgary

Bar Admission

Alberta, 2011

British Columbia, 2014

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

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. He also regularly advises clients on their obligations to Aboriginal groups and negotiates impact benefit agreements with Aboriginal groups on behalf of resource developers.

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

  • TransCanada PipeLines Limited with regard to hundreds of kilometres of expansions and extensions of the NOVA Gas Transmission natural gas pipeline system in Alberta and British Columbia, including the Northwest Mainline Expansion, Leismer to Kettle River Crossover, Wolverine River Lateral Loop and North Montney Projects, each of which involved public hearings before the National Energy Board. Issues in these proceedings involved natural gas supply and demand, tolling treatment, cumulative environmental effects under the Canadian Environmental Assessment Act, 2012 and Aboriginal consultation.
  • Kinder Morgan Canada with regard to regulatory and tolling approvals for the proposed expansion of the Trans Mountain Pipeline System, which will transport 890,000 bbl/d of petroleum products from Edmonton, Alberta to the west coast of Canada. The project will cross more than 100 First Nation and Métis asserted traditional territories, as well as national and provincial parks. The project is undergoing an extensive public hearing before the National Energy Board with more than 400 registered intervenors.
  • Prosper Petroleum Ltd. with regard to obtaining regulatory approvals for the Rigel in situ oil sands project, including a regulatory appeal into Prosper’s 2014/2015 winter drilling program in support of the Rigel project.
  • 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.
  • TransCanada PipeLines Limited 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.
  • Brion Energy Corporation (formerly Dover Operating Corp.) 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 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 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.
  • Quicksilver Resources Canada with regard to its proposed Discovery LNG project in Campbell River, British Columbia, including proceedings before the National Energy Board to obtain an export licence.
  • Stolt LNGaz Inc. with regard to its proposed North-Shore LNG project in Bécancour, Québec, including proceedings before the National Energy Board to obtain an export licence.
  • 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.  

  • Provincial and Municipal Jurisdiction over Federal Pipelines, presented at the  Canadian Institute’s Environmental Law & Regulation in Alberta Conference, Calgary, Alberta, June 3, 2015
  • Aboriginal Law Overview, Practical Applications & Hot Topics, co-presented with Michelle Forrieter (Cenovus), Canadian Energy Law Foundation Fundamentals Conference, Banff, Alberta, March 5, 2015.
  • Prospects for LNG in Canada: Environmental Regulation, Royalty Schemes, and Broader Environmental Goals, debate with Matt Horne of the Pembina Institute, Canadian Association of Environmental Law Societies Conference, Calgary, Alberta, February 13, 2015.
  • AER Update: Understanding Regulatory Appeals, presented to the Canadian Bar Association, November 13, 2014.
  • Regulatory and Aboriginal Issues Facing the Pipeline Industry, presented to the Canadian Bar Association, June 5, 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.
  • Understanding Changes to the Fisheries Act, the Species at Risk Act and the Navigable Waters Protection Act, presented at the Canadian Institue’s 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.
  • 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.
  • 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.

Publications

  • 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.