Energy
Energy is evolving. That change is being driven forward by hard-working and innovative people like you. MLT Aikins has been part of the energy industry since its establishment in Western Canada. We understand the political, economic and legal issues involved at each stage of an energy transaction or the development of an energy project. We understand energy and we understand your business.
What's New
How we help
Our integrated energy practice team brings together skills and knowledge from some of Western Canada’s top corporate/commercial, Indigenous, M&A, finance, regulatory and environmental lawyers to drive your transaction or project forward to completion. Our energy team advises owners, producers, operators, developers, contractors, suppliers, financiers and other stakeholders on all aspects of energy projects and transactions. We leverage our broad experience and depth of relationships to lead you through the opportunities and challenges involved in energy transactions and projects in Canada.
We have in-depth knowledge of carbon capture, utilization and storage (CCUS) technologies and projects, and have advised on some of Western Canada’s major carbon capture projects. Our lawyers actively follow CCUS developments, and we are involved in a broad range of work, including advising on regulatory and compliance issues.
We have experience helping industry partners structure a variety of key contracts including:
- Joint venture/partnership agreements
- Project financing agreements
- EPC/EPCM contracts for infrastructure development
- Connection, transportation and shipping agreements
- Offtake/sales agreements to sell CO2 for enhanced oil recovery
- Storage/sequestration agreements
Our energy lawyers assist a range of clients with the development, construction, financing, operation and refurbishment of power generation and transmission assets. In particular, we advise on power purchase contracts, project strategy, development and procurement, the purchase and sale of ancillary services, development and implementation of operating rules and codes of conduct, and the acquisition and divestment of power generation and transmission assets. In connection with these matters, MLT Aikins has been a leader in advising and facilitating the advancement of hydro, renewable and nuclear power generation projects in Western Canada.
Our experience includes acting as lead counsel on numerous regulatory applications and providing advice on compliance, rate applications and reviews, cost of capital issues, rate unbundling and dispute resolution related to power generation and transmission.
Our lawyers have been exploring the opportunities and obstacles involved in uranium and nuclear power generation in Canada for decades, including the recent rise of small modular reactors (SMRs).
MLT Aikins has a unique understanding of the political dynamics and regulatory hurdles that participants face in the current industry landscape. We help clients address the regulatory, commercial and construction considerations within the nuclear sector. We advise on various matters relating to uranium mining, construction and operation of nuclear facilities; regulation and the distribution, sale and consumption of nuclear energy; disposal of nuclear waste; and in disputes relating to these matters.
The Indigenous population is the fastest growing in Canada and its influence is increasingly significant from a business perspective. In terms of energy, the First Nations Major Project Coalition aptly stated that “the only road to net zero runs through Indigenous lands.” This highlights the crucial importance of equity ownership and meaningful consultation with Indigenous groups to prepare for Canada’s sustainable energy future.
We have particular experience advising First Nations and Métis communities and economic organizations on owning and developing their own energy projects. We can assist with building capacity as project developers and address legal issues related to Indigenous ownership and participation. Our experience positions MLT Aikins uniquely to support Indigenous communities and economic organizations that are pursuing energy project ownership, development and autonomy.
MLT Aikins advises clients on a wide range of legal matters throughout the entire life cycle of renewable energy projects. This includes advising clients with respect to land acquisitions, project structuring, acquisitions and divestitures, financing, engineering, procurement and construction (EPC), power purchase agreements (PPAs), operations and maintenance (O&M), regulatory matters, environmental matters, contract disputes and litigation.
Our clients include all types of renewable energy stakeholders, such as independent power producers, developers, public and private utilities, Indigenous communities, Métis groups, lenders, borrowers, contractors, landowners and municipalities.
Our firm is knowledgeable in a variety of renewable energy projects, including solar, wind, geothermal, biomass, biogas, biofuel and hydroelectric projects. We can assist with any size of renewable energy project, from small-scale generation to utility-scale projects.
Our team also includes former project developers, which uniquely positions us to provide advice and support relating to the permitting and development of renewable energy projects.
MLT Aikins has extensive experience advising the oil & gas industry on issues related to exploration, development, production, processing, handling, storage, transportation, distribution and wholesale/retail marketing of both crude oil and natural gas and refined petroleum products.
Our experience includes extensive work in the upstream oil & gas sector, including on the acquisition, operation and divestiture of on-shore and off-shore exploration and production assets; land matters, including in respect of surface/mineral rights; farm-in, farmout and royalty arrangements; and joint venture operations. We have advised on several significant projects, including the Hibernia project.
We additionally advise midstream oil & gas clients on various matters, including advising pipeline companies and shippers on product transportation issues, and on acquisitions, divestitures, development, construction and financing of pipeline projects. Our firm has advised on the acquisition, divestiture, development, construction and financing of several significant pipeline projects, including the Alliance, Express, Keystone, Producers and TransCanada systems. We provide advice on the regulation and deregulation of assets and markets in Western Canada, including rate applications, cost of capital issues, codes of conduct and rate unbundling. We additionally represent both landowners and industry in hearings to resolve surface rights disputes.
Our firm advises downstream oil & gas clients on a variety of matters, including acquisitions and divestitures, project development, construction and financing and on matters relating to operations, wholesale/retail fuel supply and dealer arrangements. We have advised on several significant downstream projects, including the Cenovus Lloydminster Refinery and the Co-op Refinery Complex in Regina.
For nearly a decade, lawyers on our energy team have been writing, presenting and advising on the development of the Management and Reduction of Greenhouse Gases Act in Saskatchewan and the Emission Offset System in Alberta. Our team has deep experience advising both public and private clients on most aspects of regulatory compliance in these areas.
Our extensive experience with environmental law issues derives from our work with diverse industries including CCUS. We have provided environmental impact assessment, liability and due diligence advice. Our work in the area also involves advising on contaminated sites liabilities, site remediation and transporting hazardous materials.
We have experience advising Crown corporations and mining companies on the operation of all aspects of the federal Greenhouse Gas Pollution Pricing Act. This advice extends to the federal fuel charge and the operation of both the federal and provincial output-based pricing systems. Our work in this area includes drafting project plans, agreements and related provisions for the acquisition, ownership and sale of carbon credits and offsets.
We advise clean technology developers, manufacturers, and suppliers on low carbon energy projects to reduce emissions and meet targets. Our experience includes navigating climate change laws and regulations at both provincial and federal levels, helping clients maximize value and capitalize on carbon market developments.
Battery Storage
Our lawyers have advised project owners on a number of battery storage projects in Ontario at pharmaceutical, food production and health care facilities. We also advise battery manufacturers on commercial matters.
Flare Gas
Our energy team advises flare gas project owners on development of their flare gas projects, including power purchase agreements and Indigenous communities and economic organizations’ involvement.
New technology and intellectual property are created all the time in the energy sector and companies should take steps to protect their ideas and inventions. Patents aren’t always the right answer to protecting new technology. Sometimes, maintaining confidentiality might be more important or the new technology might not be patentable. In this case, a trade secret and confidentiality strategy might be more effective. The discussion starts with the development of a Technology and IP Strategy.
We have the right combination of lawyers and trademark and patent agents to assist. We have lawyers with industry experience and a variety of engineering and technology degrees and experience.
What we provide
Key Contacts
Client Work
Client Testimonials
“The team and MLT Aikins have been responsive to all our requests for assistance, with clear advice.”
Wind
- Counsel to a publicly-traded European developer on the development of a 200 MW wind project in Saskatchewan, and the divestiture of a majority interest therein to a private investor and a conglomerate of First Nations
- Counsel to multiple developers and independent power producers on the development of 200 MW wind power projects and the submission of proposals in response to a Request for Proposals issued by SaskPower
- Counsel to Manitoba Hydro on its 99 MW power purchase transaction for wind-generated power with St. Leon Wind Energy LP, and its 138 MW power purchase transaction for wind-generated power from Pattern Energy
- Counsel to Manitoba Hydro on its Request for Proposals for 300 MW of wind-generated power
- Acted for a lender on its $260-million secured loan to Pattern Energy for development of a wind project
- Counsel to an Indigenous group on the development of a 1.5 MW pilot wind turbine project on First Nation reserve lands, as well as related joint venture and commercial matters with an electric utility company
- Counsel to a publicly-traded European-based developer on land acquisitions, project development, battery storage, and carbon market regulations and opportunities for multiple utility-scale wind and storage projects in Alberta, Saskatchewan and Ontario
- Advised numerous Indigenous groups and related corporations, as well as non-Indigenous corporations, on appropriate structures for joint businesses enterprises, including wind projects, contracting companies, pipelines and power projects
- Counsel to multiple foreign-owned developers and independent power producers on successful applications to the Farm Land Security Board in Saskatchewan and appearing before the Farm Land Security Board
- Acted for various clients at various regulatory hearings relating to wind power projects, including development authority, subdivision and development appeal board hearings
Solar
- Counsel to a vendor on the divestiture of a controlling interest in a solar project comprising a 236 MW solar photovoltaic system and a 100 MW battery energy storage system, and to a landowner on corresponding surface lease matters
- Counsel to a publicly traded European developer on the development of a 100 MW solar project in Saskatchewan, and the divestiture of a majority interest therein to a private investor and a conglomerate of First Nations
- Counsel to Hive Energy Limited in its entry into Canada through the initial purchase of two distribution-connected solar projects with a collective DC capacity of 38.8 MW, and on the development of such projects, include real property matters, construction and procurement contracting, module supply, project permitting and project financing
- Counsel to Montana First Nation on its acquisition of a 22.5 MW solar power project (known as the Killarney Lake Solar Project) from Aura Power Renewables Ltd., including related purchase financing transactions
- Counsel to the developer of a 216 MW solar project on land acquisition matters and on the engineering, procurement and construction of a new power substation
- Counsel to a First Nation on its partnership with an Ontario-based independent power producer and its subsequent successful bid on a 100 MW solar procurement process in Saskatchewan
- Counsel to multiple developers and independent power producers on the development of 100 MW solar power projects and the submission of proposals in response to a Request for Proposals issued by SaskPower
- Counsel to a First Nation developer on the development, construction and interconnection of a 10 MW on-reserve solar project in Saskatchewan
- Counsel to a tribal council comprising nine First Nations on the development and construction of an ~0.8 MW on-reserve solar project in Saskatchewan
- Advised the Fort Chipewyan Métis in the formation of the Three Nations Energy (3NE) company (founded by Fort Chipewyan Métis Local 125, the Athabasca Chipewyan and Mikisew Cree First Nations), which is developing and building one of Canada’s largest off-grid solar projects
- Reviewed and advised on a solar power purchase agreement between a utility and a First Nation
Biomass
- Counsel to French developer on 40 MW biomass project in Saskatchewan
- Advised the developer on a 12 MW biomass to power project in Alberta
- Advised a Canadian developer on projects for baseload electricity generation using biomass fuel sources in remote off-grid First Nation communities across Canada
- Acted for the developer and feedstock provider on a 90–million–gallon renewable fuel oil (RFO) bioenergy project in Quebec
- Advised a European-based developer on a biomass project in Saskatchewan, including with respect to feedstock and transportation contracts
Hydroelectric
- Represented the international consulting subsidiary of a hydroelectric utility in providing consulting services to a Paris-based bank in connection with the transfer of ownership of a hydroelectric facility
- Counsel with respect to the acquisition of Winnipeg Hydro by Manitoba Hydro
- Counsel with respect to the acquisition of Centra Gas (Manitoba) by Manitoba Hydro
- Acted for the special committee of Synex International Inc. in connection with a proxy contest at a contested annual general meeting
- Advised on various project agreements for a joint venture between a hydroelectric developer and a First Nation in Alberta
- Advised on impact benefit agreements related to hydroelectric projects in northern Saskatchewan
- Advised on structuring and permitting for large scale hydroelectric project in northern Saskatchewan
- Advised Indigenous-owned company on permitting, structuring and related land agreements with respect to a large hydroelectric project
Waste-to-Energy
- Advised developer of waste-to-energy project in Alberta, including on corporate matters, project contracting and carbon offset assessments
- PTRC Midale-Weyburn CO2 EOR Project: This 12-year project studied carbon dioxide injection and storage into two depleted oilfields in southeastern Saskatchewan. The first phase sought to predict and verify that the Weyburn oil reservoir could securely and economically contain CO2. The second phase expanded on the work of the first, helping to recommend a framework for measurement and monitoring stored CO2 and to encourage implementation of geological storage on a worldwide basis. We provided legal support for this project from inception until completion
- PTRC Aquistore Project: Aquistore is an on-going CO2 measurement, monitoring and verification project to demonstrate that storing carbon dioxide 3.4 km deep underground in a brine and sandstone water formation is a safe, workable solution to reduce greenhouse gases. We have provided legal support for this project since its inception
- International CCS Knowledge Centre: Acted for the International CCS Knowledge Centre, which is leading several projects relating to the capture, injection and storage of CO2. We have worked with the Knowledge Centre on its regulatory requirements and all relevant contracts required to implement these projects
- Acted for SaskEnergy with the setup of its underground gas storage program that includes storage in abandoned salt mines
- Advisers to the leading-edge $1.24-billion Boundary Dam Integrated Carbon Capture and Storage Demonstration Project, converting one of the power units into a long-term producer of 100 MW of clean base-load electricity and reducing greenhouse gas emissions by capturing one million tons of carbon dioxide each year for sale to third parties for use in enhanced oil recovery operations
- Counsel to SaskPower Corporation on an off-take agreement with Cenovus Energy for the full volume of approximately one million tons per year of carbon dioxide from the carbon capture and storage facility at Boundary Dam Power Station in Saskatchewan
Battery storage
- Advised large multinational food manufacturer on various battery storage projects in Ontario
- Advised multinational pharmaceutical manufacturer on battery energy storage project in Ontario
- Advised large public mental health care facility in Ontario on battery storage project
Flare gas
- Acted for a First Nation on a 20 MW flare gas to power project in Saskatchewan
- Advised Saskatchewan-based developer of cryptocurrency data mining project in Alberta using natural gas from inactive gas wells to generate electricity to power cryptocurrency data mining facility
- Extensive experience in natural gas and electricity regulatory regime in Alberta, including multiple appearances before the Alberta Utilities Commission
- Counsel to SaskPower Corporation on a number of power purchase agreements with private sector developers of various cogeneration and stand-alone power generation facilities in Saskatchewan
- Counsel to public utility on construction of various power generation projects and transmission line construction project
- Counsel to a water utility company on subdivision and utility issues
- Representing landowners in Alberta Utilities Commission proceedings with respect to electricity infrastructure
- Representing clients before the Canadian Energy Regulator on pipeline and electricity related applications
- Counsel to public utility on construction of a world-first, large-scale integrated commercial carbon capture and storage facility
- Counsel to Japanese multinational on EPC Contract for combined cycle natural gas generation project
- Counsel to a Saskatchewan city on transition from coal mining and power generation
- Principal outside counsel to SaskPower on the negotiation and implementation of joint venture and contribution arrangements between SaskPower and Hitachi Ltd. relating to a carbon capture test facility (CCTF) at SaskPower’s Shand Power Station in southeastern Saskatchewan
- Advised on the construction of a 92 MW greenfield power plant, Ermine Peaking Power Plant ($150 million), by SNC-Lavalin using a design-build model
- Development of an additional 200 MW of capacity at SaskPower’s existing Queen Elizabeth Power Station Re-powering Project ($550 million) in Saskatoon, using an EPCM “at risk” model with a joint venture between Burns & McDonnell and Alberici Western Constructors, Ltd
- Construction of Island Falls Transmission Line ($330 million), a 300 km, 230 kV transmission line in Northern Saskatchewan using a design-build model by Vallard Construction
- Construction of an 86 MW greenfield Spy Hill Peaking Power Plant ($145 million) by Northland Power using a DBFOM project model
RFP to select an independent power producer to design, construct and operate a 350 MW combined cycle gas turbine electrical generation facility - Involved in advising on regulatory and environmental matters for interprovincial transmission line
- Involved in numerous hearings in Alberta in natural gas regulation including cost of capital, performance based rates, debt and equity issuances and rate unbundling (15-20)
- Involved in numerous rate applications for cost of service in NWT
- Counsel to a First Nation in Southwestern Ontario on several joint venture agreements relating to the 2024 Dawn Corunna Project (Enbridge) and the Chatham to Lakeshore Line Project (Hydro One)
- Counsel to Wapiscanis Waseskwan Nipiy Holding Limited Partnership in its $150 million acquisition of an 85% non-operated working interest in certain Clearwater area midstream assets from Tamarack Valley Energy Ltd., via an equity investment in Clearwater Infrastructure Limited Partnership
- Counsel to Wapiscanis Waseskwan Nipiy Holding Limited Partnership in its $43.2 million acquisition of an 85% non-operated working interest in certain Clearwater area midstream assets from Tamarack Valley Energy Ltd., via an equity investment in Clearwater Infrastructure Limited Partnership
- Counsel to Federated Co-operatives Limited on its ~$264-million acquisition of 179 Husky-branded retail fuel sites from Cenovus Energy Inc., and the related on-sale of the majority of such retail fuel sites to its independent retail co-operatives
- Counsel to Federated Co-operatives Limited on the $72-million sale of oil and gas assets in Saskatchewan and Alberta to ROK Resources Inc.
- Represented a public income fund in connection with its investment and participation in a $365-million crude oil refining facility
- Part of an international team tasked with coordinating, implementing and advising on the due diligence, regulatory approvals and pre-closing transactions associated with the US$24-billion merger of two international oilfield service companies
- Acted on various commercial matters for a client who owns and operates a gas to fuel plant, which converts bio-syngas into fuel (including synthetic diesel fuel)
- Saskatchewan counsel to a major pipeline company on a new Canadian pipeline
