Renewable Energy Lawyers, Attorneys and Consultants | Renewable Energy Legal Services | Fraser Milner Casgrain LLP (FMC)

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Renewable Energy

The renewable energy practice at Fraser Milner Casgrain LLP (FMC) consists of a multi-disciplinary group of lawyers from across Canada.

The FMC approach is practical, innovative and business-minded. We are dedicated to service.

We understand that things such as timely completion of environmental assessments, receipt of permits and licenses, assembly of land positions and siting, commercial contracts, project finance and structuring, negotiations with First Nations and government relations are all an integral part of the process for project proponents. It is our first hand experience, combined with an industry-centered approach, that has made our team unique in its ability to meet clients’ needs.

We have a broad range of experience advising and representing project proponents, lending institutions, equipment and technology suppliers, contractors and community groups in relation to the following:

Project acquisition and financing
Site acquisitions and land leases
Project structuring and tax planning
Project contracts, such as joint venture, power purchase, turbine supply, construction, operation and maintenance agreements
Design, development, construction and operation of wind, solar, hydro-electric, biomass, waste-to-energy, run-of-river and other forms of renewable energy production facilities
Obtaining approvals from federal and provincial regulatory bodies and assisting with complex regulatory compliance
Development and commercialization of clean technologies

Representative Work

Counsel to EDF EN Canada Inc. on its sale to Enbridge Inc. of a 50% undivided interest in the 300 MW Lac Alfred wind project

Counsel to Royal Bank of Canada, Natixis, New York Branch and a syndicate of other lenders with respect to the $252 million project financing by Le Plateau Wind Power LP for the development, construction, ownership and operation of a 138.6 MW wind power generation facility in the MRC d’Avignon, Quebec

The potential purchase of a 340 MW wind project on the northwest coast of British Columbia owned by a local developer

The proposed sale of a 60 MW wind project on Vancouver Island

The reorganization of a 99 MW wind project in British Columbia

The acquisition of 144 MW of wind assets owned by a wind developer in British Columbia

The proposed acquisition of a group of four wind farms with a combined capacity of 40 MW in southern Ontario

The development of three community projects of 24.6 MW each in the province of Québec

The financing of a 138.6 MW wind farm project in Gaspésie, Québec

Acted for potential bidders in connection with the acquisition of 144 MW of wind assets owned by a wind developer in British Columbia

Acted for a major international energy company in connection with the potential purchase of a 340 MW wind project on the northwest coast of British Columbia owned by local developer

Acted for an international wind developer in connection with the proposed sale of a 60 MW wind project on Vancouver Island

Acted for a wind developer in connection with the reorganization of its 99 MW wind project in British Columbia

The development of a 104.4 MW wind farm near Nanticoke, Ontario

The development of a 10 MW ground mount solar farm near Woodstock, Ontario

The development of a 10 MW ground mount solar farm near Kitchener, Ontario

The development of roof-top solar projects in Toronto, Ontario by a large Canadian renewable energy developer

The proposed acquisition of a 78 MW wind farm near Chatham, Ontario

The proposed acquisition of a 100 MW wind farm near Melancthon, Ontario

Participation in the Sask Power call for tenders for 175 MW of wind energy

The proposed acquisition of a portfolio of hydro-electric generation assets in northern Ontario

Advised on the acquisition of a portfolio of wind farms (totaling 145 MW) in Germany

Acted on the development of a 180 MW offshore wind farm in the United Kingdom

Advised on the development and financing of a 19 MW waste to energy power plant near Parona, Italy

Acted on the acquisition of a 14.5 MW hydroelectric power plant in Ocean Falls, British Columbia

Counsel on the development and financing of 15 small hydroelectric projects in Quebec

Acted on the development of a 33 MW hydroelectric facility in Newfoundland

Advised on the development of a biomass electricity generation project in British Columbia

Acted on the development of the 195 MW Forest Kerr Hydro Electric Project and Northwest Transmission Line in British Columbia

Advised on the negotiation of commercial arrangements for a 20.6 MW biomass cogeneration project in Quebec

Advising on commercial, construction, procurement and financing matters in stage 3 of the Site C Hydro Electric Project in British Columbia

Acted for Renewable Energy Systems Canada Inc., in connection with the development and subsequent sale of a 99 MW wind farm near Thunder Bay, Ontario

Acted for Kruger Energy, in connection with the development of two 101 MW wind farms near Chatham, Ontario

Counsel to Boralex Inc. on its $226.5 million successful take-over bid for Boralex Power Income Fund

Counsel to Boralex Inc. on its bought-deal offering of $109.25 million aggregate principal amount of convertible debentures, including an initial $95 million offering and an additional $14.25 million offering pursuant to the exercise of an over-allotment option

Advising AltaGas on the development of the 195MW Forrest Kerr Hydro-Electric Project and Northwest Transmission Line Project in British Colombia

Advising a bidder in relation to a biomass electricity generation project to be bid into the BC Bioenergy Phase 2 Call

Advised in obtaining Terrawinds $247 million credit facilities for turbine supply and project construction

Acted for Saint-Laurent Énergies inc. in connection with the development of seven wind farms in Quebec producing a total of 1000 MW

FMC acts for the Canadian subsidiary of one of the fastest growing renewable energy development companies in the world, headquartered in London, England, in connection with the development of two Ontario wind farms

Acting as outside legal counsel for NaiKun Wind Development Inc. in the development and structuring of a 320 MW wind farm located in the waters offshore B.C.

Acted for Enbridge Ontario Wind Power LP in connection with the engineering, procurement and construction agreements and related matters involving two wind power projects in Ontario, one being a major wind farm project in Bruce County, Ontario, containing 110 turbines producing 190MW of power

Acted for EPCOR Utilities Inc. on the acquisition of a wind power project in Northern B.C., which is expected to generate between 100 to 200 MW

Counsel to Boralex in connection with its acquisition of Ocean Falls hydroelectric power station located in Northern B.C.

Advised C-Free Power Corp in a $4.2 million equity financing with a large European private equity fund

Advised on the sale and subsequent operational matters concerning one of the largest biomass power plants in North America

Lenders’ counsel in connection with a 99-MW wind farm project in Manitoba in a project financing arrangement valued at $144.3 million

Advised Boralex in connection with its acquisition of nine wind farms in southwestern Ontario, including matters relating to land acquisition, permitting, and municipal and zoning issues

Provided counsel to power producers in the acquisition, planning, permitting, construction and or sale of several run of river hydro facilities in B.C.

Advised a Canadian wind energy company, an affiliate of a Canadian integrated energy company, with EPC contracts relating to their wind power project in Ontario

Advised an independent power producer on matters relating to a landfill cogeneration facility (7.4 MW electrical and 9.1 MW thermal) located on greenhouse lands in Delta, B.C.

Counsel to the sponsor on various matters related to 740 MW wind farm projects in Quebec

Lenders’ counsel involving two separate wind farm projects in Quebec and Nova Scotia in a project financing valued at $107.5 million

External legal counsel for a leading independent power producer in the development of multiple wind farm projects for submission in Hydro-Québec Distribution 2,000 MW Wind Energy RFP

Publications

Doing Business in Canada: Practical Considerations for Investors - May 2010

Project Financing in Canada

Oh Canada - Significant Developments in Canadian Energy - December 2011

Oh Canada - Significant Developments in Canadian Energy - November 2011

Oh Canada - Significant Developments in Canadian Energy - October 2011

Focus on Renewable Energy - October 2011

Energy

Cleantech | Climate Change

Related Areas

Construction | Infrastructure

Corporate | Commercial

Environmental

Financial Services

Litigation & Dispute Resolution

Plan Nord

Public Policy

Tax

Did you know?

Chambers Global 2011: The World's Leading Lawyers for Business ranks FMC among Canada's leading firms for renewable and clean energy.

Ontario was awarded the 2009 World Wind Energy Award for its "outstanding achievements in making Ontario the leading wind energy jurisdiction in North America." For more information on Ontario's Green Energy Act, click here.

As a result of their recent legal analysis in U.S. Climate Change Litigation, John Goetz, Alex MacWilliam and Michael Kariya were cited in a Globe and Mail article, “Think globally, take legal action locally?,” written by Mark Hume (January 4, 2010).

Key Contacts

MYLANY DAVID