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Power & Renewables

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  • Recent Recognition
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Canada's extremely diverse and largely provincially segmented electricity market is undergoing significant change. A complex set of variables ranging from GHG emission reduction regulation, transmission and distribution constraints, resource availability, costs and technological advances are shaping our current and future generation, transmission and distribution needs. Government projections over the coming years make it clear that substantial investment in these sectors will be essential, creating new opportunities for Canadian and international power and transmission developers, related industries and their customers.

Bennett Jones is a leader in these areas, regularly providing advice on generation, transmission and distribution projects in Canada and internationally. Our global clients include power and transmission developers, facility owners, electric cooperatives, fuel suppliers, off-takers and steam/heat site hosts, as well as local, provincial and national regulatory boards and domestic and foreign agencies.

New Energy Economy Series

Read More About The Future of Canada's Energy Industry

GO

Our expertise includes assisting in project structuring, tax planning, regulatory compliance, EPC and EPC management contracts, project and conventional debt and equity financing, and site lease and acquisition. We have significant experience in acquisitions and divestitures in the electricity industry. We regularly negotiate a wide range of supply and sales contracts, including electricity trading and marketing agreements, off-take, power purchase and tolling agreements as well as other physical and financial contracts, operating agreements, interconnection arrangements with transmission and distribution grids, fuel supply and related arrangements, and steam and heat sales agreements.

We also possess substantial electricity sector restructuring experience, having drafted market rules and market-related contracts for wholesale electricity markets in Ontario and New Brunswick and having acted as counsel to several market participants within the deregulated electricity markets, representing bidders in virtually all energy and ancillary services MAP auctions that have been conducted by the Alberta Balancing Pool since 2000.

Our clients in the independent power business have participated in hundreds of power generation projects in Canada and abroad, which have involved facilities ranging in size from less than one MW to more than 1,000 MW, fuelled by sources as diverse as nuclear, natural gas, coal, hydro, biogas, biomass, solar and wind.

What Clients Say

"They are a highly competent, responsive and easy to deal with group that is particularly strong in the energy and utilities sector."

Renewable Energy

While conventional energy sources will continue to be a large part of Canada's energy mix, the share of clean, renewable energy is growing quickly and will certainly continue to aggressively grow.

Participants in Canada's burgeoning renewable power and renewable fuels industry benefit from our timely and expert advice on a wide range of issues important to this sector. We have acted for clients in a variety of renewable power sectors, including, among others, hydro, wind, solar, biogas, biomass, biowaste, biofuels, and geothermal.

Navigating the corporate/commercial, regulatory and taxation landscape can be a daunting task for Canadian renewable power developers. Our lawyers have been key advisors at every step of the way, specifically retained with respect to acquiring project finance, accessing government incentives/programs, clearing regulatory hurdles, acquiring permits, completing environmental assessments, zoning real estate, acquiring and leasing real property, stewarding tax-efficient structures (including renewable power incentives like flow-through financing structures), developing private/public partnerships, drafting and reviewing commercial agreements (including power purchase and turbine supply agreements), and assisting with all aspects of mergers, acquisitions and divestitures.

Our team has designed the program rules and program contracts for a series of Ontario Power Authority conservation and demand management programs. Our lawyers have also acted for and have strong connections to a number of large energy buyers, including having a comprehensive knowledge of provincial power authorities' renewable power procurement processes.

We conduct due diligence and provide opinions on the development and operation of wind, solar and geothermal projects for government departments, private companies, and public companies.

Bennett Jones lawyers are active in fund formation work in this industry and have acted in the formation of renewable energy investment funds, both domestically and internationally.

What Clients Say

"They were professional, prompt and responsive, which is one of the biggest values."

Business Law Talks Ep. 5, Alberta's Hydrogen Potential

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Key Contacts

  • Yannick  Beaudoin Yannick Beaudoin, Partner
  • David J. Macaulay David J. Macaulay, Partner
  • Related Lawyers

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Power Projects
Renewable Power Projects
Transmission Projects
Project Finance
RBC Dominion Securities Inc., in an up to US$500M at-the-market program re-launch for the sale of common shares pursuant to a short-form prospectus supplement and an equity distribution agreement with Algonquin Power & Utilities Corp
Pacific BioEnergy Corporation, in its sale of a majority interest to Sumitomo Corporation of Japan. Sumitomo previously held a 48% interest. Pacific BioEnergy is a leader in the development of the wood pellet industry in British Columbia, taking residual fibre from sawmills that was once disposed of in beehive burners and turning that material into a carbon neutral, renewable fuel to replace coal and fossil fuels
Brighton Beach Power Project (Ontario) – ATCO Power, in a joint venture with Ontario Power Generation Inc., in the development of this 580MW gas-fired combined-cycle power project in Windsor, Ontario, in which Coral Energy was the offtaker of 100 percent of the output from this facility
The syndicate of underwriters, led by J.P. Morgan Securities LLC in the US$1.15-billion Algonquin Power & Utilities Corp.'s (APUC) underwritten marketed public offering of Equity Units
Joffre Cogeneration Project (Alberta) – ATCO Power, in regard to all aspects of this joint venture with EPCOR and NOVA Chemicals respecting the 416MW Joffre cogeneration power project in Alberta
Strathcona 90 MW Cogeneration Project – ATCO Power, in the structuring and negotiations of all aspects of proposed development of cogeneration facility to supply steam and electricity to two industrial partners in the Alberta Heartland in the propylene and polypropylene business
Heartland Power Project – ATCO Power, in the development of the proposed Heartland Power Project, a 400MW combined cycle gas-fired power project in Alberta
Barking Power Project (England) – ATCO Power, on the 1000MW combined-cycle Barking Power project in London, England
Alberta Coal Phase Out – ATCO Power and Alberta Power (2000) Ltd., its subsidiary, in the proposed phase-out of coal-fired generation by the Government of Alberta by 2030 pursuant to the Province's Climate Leadership Plan
Battle River Power Project (Alberta) – Alberta Power (2000) Ltd., an ATCO subsidiary, regarding all aspects of the 670MW coal fired Battle River generating station near Forestburg, Alberta, including in connection with the Battle River Power Purchase Arrangement
Sheerness Power Project (Alberta) – Alberta Power (2000) Ltd., an ATCO subsidiary, regarding all aspects of the 760MW coal-fired Sheerness generating station near Hanna, Alberta, which is jointly owned by ATCO and TransAlta, including in connection with the Sheerness Power Purchase Arrangement
Horizon Power Project (Western Australia) – ATCO Power, in the 120MW combined-cycle power project in Karratha, Western Australia
Canadian Utilities Limited, an ATCO company, in the sale of its entire Canadian fossil fuel-based electricity generation portfolio for approximately $835 million, which was completed in three stages, through the sale of its interest in the Cory project in Saskatchewan to SaskPower International Inc., a sale of its interest in the Brighton Beach project in Ontario to Ontario Power Generation Inc., and a sale of the balance of the applicable generation assets through a sale of its equity interest in ATCO Power Canada Ltd. to Heartland Generation Ltd., an affiliate of Energy Capital Partners
Crius Energy Trust, in its acquisitions by Vistra Energy
ATCO Electric Yukon, an electric utility company operating in the Yukon, in the 25-year Electricity Purchase Agreement with the Vuntut Gwichin First Nation for the acquisition of renewable electricity from the first nation's solar energy project in the community of Old Crow under the Yukon Government's Independent Power Production Policy
ATCO Electric Yukon and Yukon Electric Corporation, each an electric utility company operating in the Yukon, in the development of the Standing Offer Program Rules and related long term Electricity Purchase Agreement for the acquisition of renewable electricity from proponents under the Yukon Government's Independent Power Production Policy
Acciona Wind Energy Canada, with:
  • an asset purchase of a 150MW Ontario wind farm project from a multinational energy company;
  • a bid into the Ontario Power Authority's RES III call for renewable power;
  • the sale of carbon credits generated by an Alberta-based wind farm to an Alberta carbon compliance buyer;
  • turbine supply arrangements; and
  • ongoing corporate/commercial, real estate, regulatory and project finance advice.
GenGrowth Renewables Inc., with:
  • the sale of nine wind farms across Ontario (approximately 200 MW in aggregate) to a TSX-listed renewable project operator;
  • an asset sale of an Ontario wind farm project;
  • ongoing corporate/commercial;
  • real estate and regulatory advice; and
  • development of an Ontario-based solar initiative.
Ameresco Geothermal Inc., with the development and commercialization of the geothermal systems for commercial and industrial applications and ongoing corporate/commercial advice
Brookfield Renewable Energy Partners, with its joint venture arrangements, financing and construction to develop a $300-million hydroelectricity generation facility in Canada
DIF (Dutch Infrastructure Fund) Canada, with the establishment of a $400-million energy/infrastructure investment fund and the acquisition of equity interests by such fund in Canadian energy/infrastructure projects
Coronal/Panasonic North America, with joint venture corporate structuring/taxation and the acquisition of four Ontario-based power projects
EDF EN Canada, with the acquisition and development of two wind and eight hydroelectric facilities in Ontario
SkyPower Wind Energy Fund LP, with:
  • the development of the 166MW Terrawinds project;
  • divestiture of the Terrawinds project for $300 million;
  • tax structuring and implementation of a $77-million public equity financing vehicle;
  • turbine supply arrangements;
  • power purchase arrangements; and
  • ongoing corporate/commercial, real estate and regulatory advice.
SkyPower Corporation, with a private placement of equity to Lehman Brothers and ongoing corporate/commercial, tax and regulatory advice
Fort McMurray West 500kV Transmission Project – ATCO Electric, the successful bidder on behalf of the Alberta Powerline (APL) consortium, in the procurement by Alberta Electric System Operator of a new 500kV power transmission line. Currently acting in the proposed approval and construction of the approximately 400 km project in northcentral Alberta between the Wabamun area west of Edmonton and Fort McMurray
Eastern Alberta Transmission Line (EATL) – acted for ATCO Electric, with its construction of the 500kV DC Eastern Alberta Transmission Line running between Brooks and the Gibbons-Redwater area northeast of Edmonton, including the construction of 485 km of 500kV DC line, towers and converter stations
Bonnyville to Bourque Transmission Project – represented ATCO Electric in the development of approximately 50 km of new double-circuit 240kV transmission line, a substation and related electric facilities north of the Town of Bonnyville in east central Alberta
St. Paul Transmission Project – represented ATCO Electric in the development of approximately 35 km of new double-circuit 144kV transmission line and related electric facilities near the Town of St. Paul in east central Alberta
Hanna Region Transmission Project – represented ATCO Electric in the development of approximately 245 km of new 240kV transmission line; construction of approximately 110 km of new 144kV transmission line; construction of six new substations and modification of 14 existing substations
ATCO Electric – represented ATCO Electric in four regulatory approvals associated with the Dover-Whitefish 240kV transmission line
Other Transmission Developments – represented ATCO Electric with respect to the development of numerous other Transmission Developments including new or replacement transmission lines, new or upgraded substations, and related electrical facilities and equipment
East-West Tie – acted for a bidder for the East-West Tie competitive bid transmission line in Ontario
OPTrust, in connection with the formation and limited recourse financing of a partnership with six Alberta First Nations which in turn participated in the equity syndication and project financing of the $1.5-billion Cascade Power Project to be developed near Edson, Alberta and operated by Calgary based developer Kineticor. This equity investment marks the first transaction supported by the Alberta Indigenous Opportunities Corporation (AIOC), who provided a loan guarantee supporting the credit and financing arrangements between ATB, OPTrust, Kineticor and the First Nations consortium which ultimately facilitated the equity participation by Indigenous communities in the Cascade project
Brighton Beach Power LP – a limited partnership formed by ATCO Power and Ontario Power Generation, with a $403-million private bond and term debt financing for the development, construction and commissioning of a 580MW natural gas combined cycle electricity generation facility in Windsor, Ontario
ATCO Power and SaskPower International – with a $199-million private bond and term project, overrun and operating facility for the development, construction and commissioning of the Cory Cogeneration Project, a 228MW natural gas-fired cogeneration power plant, located on the Potash Corporation of Saskatchewan Inc.'s Cory Mine site near Saskatoon, Saskatchewan
Joffre Cogeneration Funding Corporation – a joint venture of ATCO Power, EPCOR and NOVA Chemicals, with a $270-million private bond and term debt project financing to develop, build and operate the 416MW Joffre Cogeneration Project (the first project financing of a merchant power plant in Canada)
Canadian Utilities Limited (now ATCO Limited), with the development and financing of the Osborne Cogeneration Project, a 180MW cogeneration project in Adelaide, South Australia
ATCO Group of Companies (formerly Canadian Utilities Limited), with the $1.5-billion project financing of the 1000MW Barking combined cycle independent power project in England Banking Corporation
ATCO Canada, with an aggregate of $279-million term project financing for two natural gas cogeneration facilities at the Athabasca Oil Sands
Suncor Energy Inc., with the $100-million lease financing of certain cogeneration assets
Acciona Wind Energy Canada, with a $70-million financing from Manulife Financial for the 45MW Lameque New Brunswick Wind Power Project
SunEdison Canada, with construction and term loan project financing of five separate Ontario-based solar projects

Recent Recognition

Chambers Canada
Ranked, Energy: Power
Chambers Global
Band 1, Environment
Band 2, Energy Sector (International & Cross Border)
Band 3, Energy: Power
The Legal 500 Canada
Ranked, Energy - Power
Canadian Legal Lexpert Directory
Most Frequently Recommended, Energy (Electricity), Calgary
Consistently Recommended, Energy (Electricity), Vancouver
P3 Awards 2018
Winner, Awarded Gold for Best Financial Structure on Alberta Powerline - Fort McMurray West 500 kv Transmission Project

Insights, News & Events

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Gatlin Smeijers Joins Bennett Jones as Partner in Toronto

April 01, 2025
       

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IPPSA 2025 and Alberta's New Market: If They Build It, Who Will Come?

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