Overview

In today’s economy with heightened consumer, regulatory and industry attention on renewable energy sources and materials, Clean Energy and Technology businesses are significantly changing the way energy and resources are produced and consumed, and are offering new products, services and processes that significantly reduce or eliminate emissions and waste.

Our Clean Energy and Technology Group draws from the extensive experience of our lawyers in the following practice areas: Energy, Climate Change, Technology, Environmental, Indigenous, Corporate Finance, Mergers & Acquisitions, Tax and other related areas. We assist our Clean Energy and Technology clients with their commercial law needs at all stages, including financing, commercialization and acquisitions. We keep our clients apprised of relevant developments in the applicable regulatory regimes and governing laws.

Our clients include:

  • Energy companies;
  • Energy marketers and traders;
  • Project finance companies and lenders;
  • Emerging clean technology businesses and investors, including venture capital and private equity funds; and
  • Private and public businesses impacted by climate change.

Specifically we advise our Clean Energy and Technology clients on the following:

Energy

Our long involvement with electric utilities and hydroelectric energy power producers has required us to understand all aspects of the industry from the acquisition of generator rights, through transmission to the end use in Western Canada and the United States. We have worked extensively in Alberta’s energy market structures as well as jurisdictions that employ the FERC model of regulation. We have an intimate understanding of the issues for Canadian businesses wishing to participate in or transact with US markets.

Climate Change 

Recent policy pronouncements and legislative changes involve regulation of both reporting and actual emissions of greenhouse gases. These measures will significantly affect the energy sector, including generation of electricity and production. Our Climate Change Group, comprised of a number of our energy and environmental specialists, is knowledgeable about recent legislative and policy developments in Canada, as well as key regional and international initiatives. We can advise clients on the “cap and trade” system to be adopted under British Columbia’s Greenhouse Gas Reduction (Cap and Trade) Act, as well as the application of Alberta’s Specified Gas Emitters Regulation and related requirements. We have advised energy sector clients in western and Northern Canada on a number of legal requirements affecting their businesses resulting from climate change regulation, and also have experience in trading Renewable Energy Credits or RECs. Further detail of our experience can be found by visiting our Climate Change page.

Project Development

Infrastructure is also a large element of our Clean Energy and Technology Group, principally dealing with legal aspects of large clean technology infrastructure projects such as wind and hydroelectricity generation, grid modernization, biofuel production and distribution and the construction of green buildings. We use strategic approaches to satisfaction of regulatory requirements, consultation and business relationships with First Nations and environmental issues relating to permitting, environmental reviews and assessments.

Technology

Our Clean Energy and Technology Group deals with technology development, collaboration and licensing agreements. We regularly assist with the intellectual property rights of property creation, protection and commercialization, regarding patents, trademarks and copyright in these areas.

Financing

Our corporate finance lawyers assist with angel and venture capital equity issuances and initial public offerings. We also assist clients with debt instruments and negotiating the terms of debt and equity financing relating to Clean Energy and Technology businesses.

Acquisitions & Divestitures

Our mergers and acquisitions lawyers act for strategic and financial investors, boards of directors, management groups and lenders in all forms of domestic and international acquisitions involving Clean Energy and Technology businesses.

Tax 

Our tax lawyers are able to advise our Clean Energy and Technology clients on tax efficient structuring of investments, loans or acquisitions, applicable deductions or incentive programs and disputes with taxation authorities.

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