Energy and Natural Resources and the Plan Nord

Overview

For decades, Lavery has enjoyed an enviable reputation in the area of energy and natural resources – a reputation built long before the launch of the Plan Nord. In fact, our team has an in-depth understanding of the many issues and challenges facing projects in this industry carried out both as part of the Plan Nord and outside that territory.

Since the Quebec government’s launch of the Plan Nord, projects to develop energy sources and natural resources have regularly made headlines. From a legal perspective, projects of this nature require the collaboration of teams specialized in several of Lavery’s areas of expertise such as mining law, environmental and real estate law, mergers and acquisitions, administrative and municipal law, securities law, project and infrastructure financing, as well as the taking of security interests over those infrastructure assets, construction law, tax law, labour and employment law, land use planning, and Aboriginal law.

Lavery’s expertise and multidisciplinary services are placed at the disposal of clients every step of the way, from preliminary approval to the start of production and beyond, allowing them to save time and money.

Services

Energy and resource development

  • Legal advice and representation in industrial, hydroelectric, wind, and gas development projects
  • Negotiation of rights and authorizations for dam operation, hydroelectric equipment management, and power line construction
  • Contracts for infrastructure development and construction projects involving gas pipelines, wind power, power lines, and liquefied natural gas (LNG) terminals
  • Legal advice to financial companies for cogeneration projects
  • Legal advice to oil and gas pipeline operators and oil companies
  • Representation of gas producers, brokers, and small hydroelectricity producers before the Régie de l'énergie
  • Representation of companies before the National Energy Board for facilities construction and pricing approvals
  • Legal advice to mining and mineral processing companies
  • Legal advice to companies involved in developing water and forest resources

Land use planning

  • Legal advice on the application of zoning, construction, and subdivision bylaws
  • Legal advice and representation in the establishment and defence of acquired rights
  • Legal advice on rules for the protection of agricultural lands and activities
  • Legal advice on shoreline, coastal, and floodplain protection rules
  • Legal advice on local regulations, particularly nuisance bylaws and disputes between neighbours

Representative mandates

  • We represent and act as lead counsel to Freestone International LLC and GNL Quebec Inc. in all aspects of the US$7 billion project development to implement a liquefied natural gas (LNG) export facility on a site administered by the Saguenay Port Authority. In particular, Lavery participated in the drafting and negotiation of the land option agreement with the Port of Saguenay, in legal opinions related to several aspects of the project, in the creation of the corporate and tax structure of ownership and in the creation of the investment vehicle and in the related several rounds of equity financing
  • Legal counsel to Eolectric Club, L.P., in the sale of part of the 101 MW Vents du Kempt wind farm to Fiera Axium Infrastructure Canada
  • Legal counsel to Eolectric Club, L.P., and Vents du Kempt, L.P., in the development, planning, and construction of the 101MW Vents du Kempt wind farm valued at $340 million located at Sainte-Marguerite-Marie et Causapscal in the RCM of Matapédia, Québec. This farm consists of 43 Enercon E92 wind turbines, each with a capacity of 2.35 MW
  • Legal counsel to Eolectric Club, L.P., in the acquisition from l'Érable Inc., a wholly owned subsidiary of Elecnor, S.A., of an important financial stake in the 100 MW l'Érable wind farm located in Saint-Ferdinand-d'Halifax, Sainte-Sophie-d'Halifax, and Saint-Pierre-Baptiste, Québec. This wind farm consists of 50 Enercon E82 wind turbines, each with a capacity of 2 MW
  • Legal counsel to Gaz Métro in the preparation of a call for tenders and the drafting of contractual documentation for the construction of a 450 km gas pipeline between Jonquière and Sept-Îles in north-eastern Québec, project worth an estimated $800 million
  • Legal counsel in the revision of an EPC contract for the construction of a liquefied natural gas reservoir (project approximately $50 million)
  • Legal counsel to Gaz Métro in the negotiation of an EPC contract with qualified proponents for the expansion of the LSR factory in eastern Montréal ($100 million project)
  • Legal counsel to Aluminerie Alouette Inc. in the negotiation of an agreement to supply additional energy in the form of MW to Aluminerie Alouette, opening the door to phase III of the project to expand the company's factory, for a total investment of almost $2 billion, including the addition of a third series of reduction cells, research and development of new technologies, and the construction of a new university building
  • Legal counsel to Canadian Royalties Inc. in construction litigation and advice regarding the review of regulatory problems concerning the Nunavik mining project and roads and access to the project. Review of contractual arrangements for the shipping of field equipment
  • Legal counsel to Gaz Métro L.P. in the acquisition of a network of four underground pipelines belonging to Ethylec Inc. and Pétromont, L.P.
  • Legal counsel to Geomega Resources Inc. in the private equity financing for aggregate gross proceeds of $2,310 million, with Industrial Alliance Securities Inc. and Marquest Asset Management Inc. acting as agents. Geomega Resources Inc. is owner of the Montviel Rare Earths/Niobium project near the Cree First Nation of Waswanipi and Lebel-sur-Quévillon
  • Legal counsel to Oceanic Iron Ore Corp. in the negotiation of contracts for an iron ore mining project on the west coast of Ungava Bay
  • Legal counsel to Rail America in the negotiation of an operating agreement for a rail line serving a mining project of New Millennium and Tata Steel, including an analysis of the tax effectiveness of their operations




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