We work for the best : our clients.New Brunswick Newfoundland & Labrador Nova Scotia Prince Edward Island mcinnescooper.com

ENERGY AND NATURALRESOURCES

ENERGY AND NATURAL RESOURCES

ELECTRICITY

The firm has extensive experience in the areas of generation, transmission, distribution and marketing of electricity. Our experience includes energy regulation and rates, efficiency and demand-side management, project developments, labour and employment, electricity trading and marketing, tax matters, power purchase and tolling agreements as well as other physical and financial contracts, operating agreements, interconnectionarrangements with transmission and distribution grids, and fuel supply andrelated arrangements. We have significant regulatory experience beforeprovincial utility boards with respect to all aspects of electricity regulationand rate setting, open access transmission, fuel adjustment mechanisms,conservation, and development approvals on behalf of both industrialratepayers and utilities, and with respect to National Energy Board (NEB)electricity export permit approvals.

RENEWABLE ENERGY

We have significant experience in renewable energy, including wind, hydro,biomass, solar, co-generation and tidal developments. We have helpedlocal, national and international firms in all aspects of renewable energyprojects. We have provided significant assistance to various renewable en-ergy project (independent power producer) developers who have re-sponded to utility run Request for Proposals regarding renewable energy.

We regularly provide advice on: land rights; environmental assessment andpermitting; project financing; corporate structuring and tax matters; energyregulatory compliance; and commercial arrangements including the drafting and negotiation of power purchase agreements, turbine supplyagreements, engineering, procurement and construction contracts, balanceof plant contracts, labour and employment matters, and interconnectionand operating arrangements with utilities. In addition, we have assistedlocal and international firms in site selection and land use restrictions, environmental assessment, ground lease terms, non-resident and other taxissues, and migratory birds legislation.

WATER

McInnes Cooper has extensive experience with respect to civil and regulatory aspects of water rights and use, including the development,funding, licensing and operation of municipal water treatment and distribution facilities and sewage/reclaimed water facilities (including public/private partnerships); rate setting; obtaining and defending water ac-cess, withdrawal and use rights; private water systems; and civil and regulatory litigation relating to water, including defending clients in prosecutions and other regulatory actions.

ATLANTIC CANADA’S ENERGYAND NATURAL RESOURCESLAW FIRM

The energy and natural re-sources sector is a mainstay ofMcInnes Cooper’s practice. Thefirm is counsel to regional, na-tional and international firms inthe electricity, renewable en-ergy, forestry, fishery, miningand oil and gas sectors.

At McInnes Cooper, our Energyand Natural Resources Groupconsistently works to under-stand our clients’ businesses and develop practical legal and policy solutions for their specificneeds.

Our team takes a multi-disciplinary approach, combin-ing our experience with administrative and regulatorylaw, Aboriginal law, environmental law, constructionlaw and corporate finance. Weregularly advise clients on project developments, permitting and approvals, government relations and policy development, acquisitions and divestitures,project financings, environmentalissues, real property, labourand employment and dispute resolution.

MINING

The firm has significant mining law expertise, including min-ing of gold, diamonds, coal and iron ore and other basemetals, precious metals and industrial minerals. McInnesCooper represents international mining conglomerates, junior mining companies, entrepreneurs,banks and investment banking firms and governments withrespect to legal issues in the mining sector. We have exten-sive experience in corporate finance matters related to jun-ior mining companies, and with respect to labour relationsmatters for operational miners.

FISHERIES

McInnes Cooper represents owners, operators, insurers, fin-anciers and fishermen with respect to all aspects of fisheries, including matters related to provincial, federaland international regulations and compliance, shipping andtransportation, marine and admiralty law, labour and em-ployment, insurance, environmental, commercial and othermatters arising relating to the fisheries.

FORESTRY

Our team has extensive industry-specific experience inforestry law, including regulatory licenses, land permits,Crown leases, environmental issues, First Nations consultations and other matters affecting domestic andglobal forestry-related businesses involved in the harvesting of timber and manufacturing and exporting offorest products, such as softwood lumber, newsprint andwood pulp. We also have extensive experience in the useof biomass to generate electricity.

OIL AND GAS

McInnes Cooper has extensive onshore and offshore oiland gas law expertise, providing advice to international oilcompanies, independent producers, junior explorationcompanies, operators, governments, offshore petroleumboards, investor groups, pipelines, LDCs, refineries, LNGfacility owners and service companies. We have experience with the acquisition, disposition, financing, de-velopment and operation of upstream and downstream oiland gas projects.

We have the depth of experience to provide advice on:

• Constitutional rights an d jurisdiction;• Legislative drafting and policy advocacy; • Omnibus proceedings for offshore projects;• Permitting; • Approvals;• Facilities, toll and rate hearings;• Tax;• Pollution defence;• Occupational health and safety;• Crown royalties; • Environmental and aboriginal matters; and • Other regulatory and compliance requirements.

We have led petroleum resource related litigation involving significant discovery declarations, local benefits,jurisdictional challenges and product liability on offshorestructures, and have been involved in various NEB andprovincial utility board proceedings regarding development approvals, construction and cost of serviceand rate setting matters for both utilities and industrialratepayers, as well as offshore safety inquiries.

ENVIRONMENTAL LAW

McInnes Cooper understands and appreciates the depthand diversity of its clients’ environmental goals. As a firm,we share our clients’ commitments to environmental re-sponsibility, and have the range of expertise to addressclients’ needs effectively and successfully. We regularly as-sist clients in obtaining and ensuring compliance with en-vironmental approvals, permits and authorizationsincluding environmental assessment processes. Our senior lawyers additionally have experience negotiatingwith all levels of government, First Nations and environmental non-governmental organizations (ENGOs)on environmental matters; assisting clients in managingand minimizing environmental liability for contaminated properties; and providing environmental due diligence and liability allocation in business transactions.

EMISSIONS TRADING, CLIMATE CHANGE AND CAR-BON CAPTURE AND STORAGE

McInnes Cooper understands the complexity of new andemerging issues surrounding climate change and carbonemissions trading, transactions and policy developmentsinternationally and in Atlantic Canada, including carbontaxes, carbon finance, cap-and-trade regimes, voluntarymarkets and hard emissions cap legislation. McInnesCooper also understand the corporate governance andsecurities law disclosure issues and director, officer andcompany liability concerns related to climate change. Thefirm also has expertise with respect to Carbon Captureand Storage legal issues.

ARCTIC ISSUES

McInnes Cooper has been involved for many years in is-sues related to the Arctic. We have advised companiesoperating in the Arctic since the inception of drilling inArctic waters. McInnes Cooper is familiar with the manyagendas at play in the Arctic including aboriginal, environmental, sovereignty, oil and gas production, transportation, health and safety. McInnes Cooper workswith oil companies, shipping interests, oil rig owners andcontractors.

SERVICES

• Project structuring• Project development and financing• Project approvals, siting and permitting• Regulatory applications (rates setting, environmental ap-provals, facilities applications, tariff matters)

• Vessel financing and acquisition/divestiture• Fisheries license transfers• Aboriginal resource/title claims• Government relations and policy development• Land and resource rights acquisition and divestiture• Litigation (marine matters, resource rights disputes, Aboriginal title claims, construction)

• Labour and employment issues• Occupational health and safety• Environmental dispute resolution (oil and gas spills, soilcontamination)

• Brownfield development and reclamation

EXPERIENCE

McInnes Cooper’s Energy and Natural Resources Group has extensive experience in major client project developments, including: offshore oil and gas developments; greenfield gas distribution projects; gas-fired, hydro, bio-mass and wind power developments; mining projects; pulp and paper mill developments; and vessel acquisitions.

We have a leading regulatory practice and have been involved in many of the significant electricity and gas regulatory proceedings before provincial public utility boards and the National Energy Board (NEB) involving AtlanticCanadian rate-setting, electricity export permits, facilities applications and industry restructuring.

Practice group members regularly represent our resource sector clients in major litigation, including such diverse matters as marine disasters and casualties, Aboriginal land claims and construction litigation.

We regularly act on acquisitions, divestitures and financings of natural resource facilities, land holdings, resource rights,and fishing and offshore vessels, and are regularly involved in environmental proceedings and permitting applications under provincial and federal environmental laws. We have nationally recognized experience in the area of brownfields development and advise on all aspects of environmental spills and remediation.

Group members advise our clients on their interactions with government at all levels and assist in submissions regarding policy and regulatory development either for specific clients or resource sector industry organizations. Ourlawyers provide labour and employment advice to our natural resource clients, many of whom are the largest employers in their respective locales.

INDUSTRIES WE SERVE

• Oil and Gas (upstream and downstream)• Electricity• Renewables (wind, hydro, biomass, solar, co-generation and tidal)• Forestry• Fisheries• Mining• Liquefied Natural Gas (LNG) & Compressed Natural Gas (CNG)• Water

For more information on how we can be your Atlantic Canadian energy and natural resources law firm, please contact our Service Group Leaders:

New Brunswick Newfoundland & LabradorLen Hoyt, QC Jim Thistle, QC506.458.1622 709.724.8247len.hoyt@mcinnescooper.com jim.thistle@mcinnescooper.com

Nova Scotia Prince Edward IslandMike Simms John Hennessey, QC902.453.8031 902.629.6268michael.simms@mcinnescooper.com john.hennessey@mcinnescooper.com

To see a full list of our Energy and Natural Resources Group members,please go to mcinnescooper.com and click on Services.

About McInnes Cooper

McInnes Cooper is AtlanticCanada’s Law Firm. Withmore than 200 lawyers inseven offices throughout theregion, we can ensure ourclients receive the expertisethey need and the servicethey have every right to ex-pect.

After 150 years, we are still fo-cused on our clients’ success.