Our Electricity Markets Group

Borden Ladner Gervais LLP has the demonstrated expertise to handle the wide range of specialized legal and strategic planning issues that arise in the emerging competitive and regulated markets in electricity and natural gas.  Our Electricity Markets Group consists of a team of experts who understand the business, regulatory and financial issues that confront industry stakeholders.  Our clients include government-owned utilities, independent power producers, multi-national energy trading companies, industrial and institutional end users, financial institutions, municipalities, local distribution companies, project developers and regulators.

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

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