Our Electricity Markets Group

With the shift to renewable energy and aging energy infrastructure, clients face a constantly shifting competitive environment. And to compete effectively, clients need a strategic partner that keeps them abreast of industry trends, protects your interests, manages risks, and strengthens their business. Borden Ladner Gervais LLP (BLG) has the demonstrated expertise to handle the wide range of specialized legal and strategic issues that arise in the electricity sector. Our Electricity Markets Group consists of a team of experts who understand the business, regulatory and financial issues that confront industry stakeholders.

At BLG, our multidisciplinary team has had extensive experience advising developers, generators, electricity distributors and their shareholders, transmitters, electricity marketers, lenders, equity providers, and major consumers in connection with the legal and business issues and opportunities facing the electricity sector across Canada.

As the largest full-service law firm in Canada, BLG is able to leverage the scope of our professionals in our six offices and provide expertise in matters relating to the electricity sector across Canada.

BLG's commitment to servicing our clients has resulted in the frequent recognition of many of our legal professionals at home and abroad. The professionals in BLG's Electricity Markets Group have been recognized in the 2010 edition of The Best Lawyers in Canada © , Chambers Global – The World's Leading Lawyers, The Canadian Legal Lexpert ® Directory, Lexpert®'s Top 100 Canada - US Cross Border Specialists, and Euromoney's Expert Guide to the World's Leading Energy and Natural Resources Lawyers. In the 2010 edition of Chambers Global, BLG is ranked first in Canada for Energy: Power and is noted for its "top-level power practice. Its electricity markets group has impressive expertise in the various business and financial issues faced by industry stakeholders."

With first-rate, client-focused service, BLG is well positioned to provide you with experienced, pragmatic advice and innovative solutions to the challenges you face. At BLG, we are committed to your success.

Our Services

Commercial Legal Services

• Borden Ladner Gervais LLP lawyers advise a wide range of clients on structuring, developing, financing and operating power projects. In addition to acting for chartered banks and insurance companies in the financing of energy projects, we have acted as counsel to developers, contractors and equity investors.
• As counsel, we have provided legal and business advice on the following:
  • Municipal Electric Utility Restructuring, Strategic Planning and Commercialization
  • Electricity supply agreements
  • Transmission and distribution rate design
  • Structuring Input Contracts (Wood Waste, Natural Gas)
  • Gas Supply and Transportation Issues
  • Construction and Project Management Agreements
  • Environmental Permitting and Compliance
  • Land Acquisition, Municipal Approvals and Re-zoning, Title Questions
  • Construction Financing (Non-Recourse)
  • Innovative Permanent Financing Arrangements including lease structures and special purpose vehicles' off balance sheet financing
  • Operation and Management Agreements
  • Steam Sale Agreements
  • Power Purchase Agreements
  • Retention and Direction of Experts
  • Energy Services Agreements
  • Integrated resource planning for natural gas services
  • Tax issues related to energy projects
  • Dispute resolution
  • Bonding, insurance
  • Municipal law

Regulatory Legal Services and Strategic Planning

• Borden Ladner Gervais LLP's Electricity Markets Group has extensive experience representing clients involved in energy issues before regulatory agencies in all provinces as well as the National Energy Board. Our lawyers have also been very involved in deregulation and restructuring initiatives involving the natural gas and electricity sectors, including advising on the Ontario and Alberta electricity restructurings for stakeholder groups including producers, generators, municipalities, distributors and financing parties.

Tax Services

• Borden Ladner Gervais LLP has one of the pre-eminent tax practices in Canada with particular expertise in energy matters. In that capacity, we offer the following experience:
  • Advice on the appropriate operating project structure to maximize tax efficiency including utilization of enhanced capital cost allowance and Canadian Renewable and Conservation Expenses.
  • Structuring income trusts, partnerships and special purpose corporations to maximize cash flow to non-taxable investors and reduce non-recoverable corporate and capital taxes.
  • Due diligence in private acquisitions on issues such as the characterization of project costs as Class 43.1 and potential application of limited recourse rules and other financing issues

Renewable Energy

• Our experience in the energy sector extends to alternative sources of energy and renewable energy. We have in-depth experience in the development, financing, construction, and operation of renewables and alternative energy projects including solar, wind, waterpower, geothermal, biomass and biofuels.