Various Canadian corporations

Advising various Canadian corporations regarding environmental management issues, including Agnico-Eagle Mines Limited, New Gold Inc., Resolute Forest Products Inc., Atlantic Packaging, Canadian National Railway Company, Celestica Inc., BHP Billiton Inc., Vale Canada Limited.

Canadian developers and property managers

Representing various Canadian developers and property managers with respect to environmental matters, including Ivanhoe Cambridge Inc., Cadbridge Investors LP, Cadillac Fairview Corporation Limited, SmartCentres Management Inc. and Woodbourne Canada Management Inc.

Wind power developers

Represented wind power developers (Samsung Renewable Energy Inc., Pattern Renewable Holdings Canada ULC and Capital Power Corporation) in six appeals before the Environmental Review Tribunal, responding to challenges to the largest wind energy projects undertaken in Ontario. Some of these proceedings included an allegation that Ontario's wind energy regime violates section 7 of the Canadian Charter of Rights and Freedoms.

Agnico Eagle Mines Limited

Acted for Agnico Eagle Mines Limited in its acquisition of a 35% interest in Green Star Royalties Ltd., a company focused on the origination of carbon sequestration projects and other green technology opportunities. In connection with its investment, Agnico was granted certain investor rights, including representation on Green Star's board and an ability to co-invest alongside Green Star in its future projects and investments.

Multiple Defendants

Acting for multiple defendants in defence of an action initiated by Metrolinx regarding contamination of the Stouffville railway corridor.

Hydrostor Inc.

Acted for Hydrostor Inc., a developer of Advanced Compressed Air Energy Storage (A-CAES) projects, in securing a US$250-million preferred equity financing commitment from Goldman Sachs Asset Management - one of the largest investments in the emerging long-duration energy storage sector.

Blackstone Infrastructure Partners L.P.

Acted as Canadian counsel to Blackstone Infrastructure Partners L.P. in its acquisition of the majority interest of Carrix, Inc., one of the world's largest marine-terminal operators.

New Gold Inc.

Acted for New Gold Inc. in its sale of the Blackwater Project in British Columbia to Artemis Gold Inc., including advice with respect to potential environmental liability and indigenous participation.

Barrick Gold Corporation

Representing Barrick Gold Corporation in international tort litigation regarding tailings discharged from a Philippines copper mine facility operated by its predecessor, PlacerDome Inc.

Amcor Flexibles LLC

Assisted Amcor Flexibles LLC in the disposition of three manufacturing facilities in Wisconsin, ordered pursuant to U.S. anti-trust requirements. Environmental issues included the separation of activities and permits at one operating location, indemnification in relation to indoor air and soil vapour intrusion issues, ascertainment of lease liability clarification from the Wisconsin Department of Nature Resources (WDNR) and allocation of liability with respect to historic contamination including negotiations with landlord regarding remediation obligations to WDNR.

Hostess Brands, Inc.

Acted on environmental matters in Hostess Brands, Inc.'s acquisition of Voortman Cookies Limited. Issues included allocation of liabilities related to past manufacturing operations.

Resolute FP Canada Inc.

Acted for Resolute FP Canada Inc. in the sale of its former pulp and paper mill in Fort Frances, Ontario. Advised on transfer arrangements for permits and financial assurance, including those related to co-generation facilities, international pipelines and an operating landfill.

Amcor Flexibles LLC

Acted for Amcor Flexibles LLC in the sale of three U.S. healthcare manufacturing facilities to Tekni-Plex. Issues included permitting arrangements for division of equipment and shared-site operations, assessing landlord's voluntary remediation efforts, mitigation of soil vapor risk, lease liability clarification from regulator.

PSP Investments

Advised PSP Investments in its purchase of the Kulolio Ranch, Central Maui Feedstocks, LLC and the East Maui Irrigation Company, LLC with respect to former sugar cane operations in Hawaii. Environmental issues included liabilities related to solid waste dumps, pesticide use, water leases and licenses and wastewater permitting.

Buttonville Airport

Acting for owners of Buttonville Airport with respect to the remediation and risk assessment of the airport to facilitate a mixed-use development.

Agnico Eagle Mines Limited

Acting for Agnico Eagle Mines Limited in its acquisition of all of the exploration assets of Canadian Malartic Corporation, including the Kirkland Lake and Hammond Reef projects. Transaction includes allocation of closure obligations.

Consortium of developers

Acted for consortium of developers with respect to environmental requirements regarding a land conveyance to City of Toronto.

Hydroméga Services Inc.

Acted for Hydroméga Services Inc., as sponsor in partnership with the Dokis First Nation, and Okikendawt Hydro L.P., as borrower, in connection with the project financing of a 10-MW hydroelectric generating facility on the French River in the district of Parry Sound, Ontario.

Government of Canada

Acted for Government of Canada regarding environmental issues in the disposition of Atomic Energy of Canada Ltd.'s Candu reactor division.

Resolute Forest Products

Acted for affiliates of Resolute Forest Products Inc. in their sale of the international bridge linking Fort Frances, Ontario and International Falls, Minnesota to Aazhogan Limited Partnership, a joint venture between Rainy River First Nations and the BMI Group.

IDEXX Laboratories, Inc.

Acted for IDEXX Laboratories, Inc., a leader in the design, development and marketing of diagnostic test instruments to monitor animal health and analyze dairy products and water, in its acquisition of the assets of Pathogen Detection Systems, Inc.

Mountaingate Capital

Acted for Mountaingate Capital Management II, L.P. in its strategic investment in Bond Brand Loyalty Group, a leading marketing, customer experience and loyalty software management group.

Sustana

Acted for Sustana, a portfolio company of Blackstone, in its acquisition of Hanna Paper, a high-grade paper recycling company.

Atlas Holdings

Acting for Atlas Holdings in its acquisition of West Fraser Timber Co. Ltd.'s Quesnel River pulp mill in British Columbia and Slave Lake pulp mill in Alberta, addressing issues including Indigenous consultation, energy matters, landfill management and fibre access.

Ember Infrastructure Management, LP

Acted for funds managed by Ember Infrastructure Management, LP, a New York-based private equity firm, in its due diligence and acquisition of H2O Innovation Inc., a water solutions company which provides speciality chemicals, consumables, technology and engineering expertise to municipal and industrial water, wastewater and water reuse customers.

Outfront Media Inc.

Acted as Canadian counsel to OUTFRONT Media Inc. in the C$410-million sale of its Canadian outdoor advertising business to Bell Media, a wholly-owned subsidiary of BCE.

Mason Resources Inc.

Acted for Mason Graphite Inc. with the sale of the Lac Guéret Property, targeted for the development of graphite at the Uatnan Mining Project, to Nouveau Monde Graphite Inc. in consideration of 6,208,210 common shares of Nouveau Monde Graphite Inc. 

Ironbridge Equity Partners Management Limited

Acted for funds affiliated with Ironbridge Equity Partners Management Limited in the acquisition and related financing of Gardner Glass Products, Inc., a North Carolina-based company that manufactures and distributes tempered, mirrored, backpainted, and laminated glass products.

Thread Collective Inc.

Acted for Thread Collective Inc. in their acquisition of all issued and outstanding shares of 9167200 Canada Inc. (dba Kanuk), from the founder and Champlain Financial Corporation. Kanuk is a Montreal-based manufacturer and retail brand known for cold-weather apparel and winter coats, boasting an international reputation. 

Canada Infrastructure Bank

Acted for Canada Infrastructure Bank in its financing of HTEC Hydrogen Technology & Energy Corporation to construct and operate a hydrogen liquefaction facility in Vancouver, British Columbia, as well as three gaseous hydrogen production facilities in Burnaby, Nanaimo and Prince George, in addition to construction and operation of 20 hydrogen fueling stations in Western Canada.

Federal Impact Assessment: Legislative Amendments and Cabinet Directive

July 29, 2024 - Background The Canadian government recently enacted the highly anticipated amendments to the Impact Assessment Act (IAA). These amendments, which came into force on June 20, 2024, address the constitutional overreach in the IAA, as identified by the Supreme Court of...

Doing Business in Canada 2023, contributor

Nov. 14, 2023 - Davies’ Doing Business in Canada guide provides executives, in-house counsel and foreign investors with an overview of the legal framework governing Canadian business operations and outlines key considerations for investing and conducting business in Canada…

Supreme Court of Canada Finds Impact Assessment Act Unconstitutional

Oct. 17, 2023 - On October 13, 2023, in a 5-2 split decision, the Supreme Court of Canada (SCC) found the federal Impact Assessment Act (IAA) to be, in part, unconstitutional in Reference re Impact Assessment Act. The SCC determined that the IAA’s treatment of “designated projects” was...

Governance Insights: Charting a (Safe) Path Through the ESG Wilderness

June 08, 2023 - The rapid and growing recognition of the importance of accounting for ESG factors in strategic decision-making and corporate reporting has, perhaps predictably, been followed by a notable increase in anti-ESG sentiment and a questioning of the integrity of measures purported to advance...

Canada Imposes Forced and Child Labour Reporting Obligations

May 05, 2023 - The House of Commons has adopted Bill S-211, whose short title is Fighting Against Forced Labour and Child Labour in Supply Chains Act (the Bill). The Bill, which was adopted on May 3, 2023, will become law as soon as it receives royal assent and will enter into force on January 1, 2024. ...

Davies Governance Insights – September 2022, contributor

Sept. 06, 2022 - Davies Governance Insights analyzes the top trends and issues most important to Canadian public companies and provides practical guidance for boards to meet these challenges head on. In this edition: Ten Regulatory and Judicial Developments That GCs and Boards Need to...

Davies Governance Insights 2020, contributor

Oct. 05, 2020 - Davies Governance Insights 2020 provides a comprehensive analysis of the trends and developments that have shaped the corporate governance landscape and those that are expected to define the next decade. Against the backdrop of the COVID-19 crisis, this year’s report explores key issues...

Environmental Forensic Tools Help Answer Legal, Groundwater Contamination Problems, co-author

Aug. 19, 2020 - Environmental Science & Engineering Magazine, pg. 35-38, August/September 2020
Download the article.

Due Diligence for COVID-19: Health Exposure Prevention and Response

Apr. 16, 2020 - Companies must ensure that COVID-19 measures in the workplace are robust enough to protect the health of employees and the public and to prevent legal liability. This is equally important whether employers are meeting current regulatory requirements to protect employees or whether they are...

Moderator, American Bar Association, Environmental Summit of the Americas, “Social License in Resource Development”; Mexico City, Mexico

Jan. 16, 2020

Law Society of Ontario, The Six-Minute Environmental Lawyer 2019, “Environment versus the Economy: Consequences of the Redwater Decision”; Toronto, ON

Oct. 03, 2019

Moderator, Canadian Bar Association, Environmental, Energy & Resources Law Summit, “A Deep Dive into Rep and Warranty Insurance for Lawyers”; Vancouver, BC

May 02, 2019

Alex Pike Shares Her Insights on Canada’s Proposed New Impact Assessment Framework with National Magazine

Nov. 23, 2018 - In an article published in National Magazine, Davies partner Alex Pike shares her perspectives on Bill C-69, a package of bills intended to reform Canada’s system of impact assessment for major resource projects. While the promise of C-69 was that it would put the science first, some of...

Green Energy Act Repealed and Municipal Powers to Oppose Renewable Energy Reinstated

Sept. 21, 2018 - The Ontario government has introduced Bill 34, which would repeal the Green Energy Act, 2009. The new legislation, introduced on September 20, 2018, maintains the right of the government to enact regulations to promote renewable energy in the future. However, the current intention to...

Canadian Securities Regulators Report on Climate Disclosure

Apr. 06, 2018 - Following on the heels of the recommendations of the Financial Stability Board’s Task Force on Climate-Related Disclosures (Task Force), the Canadian Securities Administrators (CSA) has published its Report on Climate change-related Disclosure Project. The CSA reviewed mandatory and voluntary...

Canada Resets Federal Environmental Assessment for Major Project Reviews

Feb. 09, 2018 - In 2016, the Canadian government launched a formal review of key federal environmental assessment and regulatory processes. Expert panels were established and parliamentary committees engaged to conduct consultations and provide recommendations with respect to the Canadian Environmental...

Pan-Canadian Carbon Pricing Update: Federal Backstop Legislation Proposed

Jan. 18, 2018 - This week, the federal government released, for public comment, draft legislation relating to the proposed federal carbon pricing system. The Greenhouse Gas Pollution Pricing Act provides a complex framework for the implementation of a federal carbon pricing “backstop” to be applied to...

Enlarged Carbon Market and New Oil & Gas Statutory Framework in Québec…Predictability or Uncertainty Ahead?

Sept. 22, 2017 - Ontario, Québec and California signed an agreement on September 22, 2017, to integrate and harmonize greenhouse gas emissions cap programs. As a result, Ontario will join the Western Climate Initiative carbon market, with California and Québec, on January 1, 2018.¹ In Québec, this...

Financial Stability Board Task Force on Climate-Related Disclosures Releases Final Report

June 29, 2017 - On June 29, 2017, the Financial Stability Board’s Task Force on Climate-Related Disclosures (TFCD) released the report containing its final recommendations. The report provides guidance to assist public companies in more effectively satisfying existing climate-related disclosure requirements. ...

Details Released on Federal Proposal for Pan-Canadian Price on Carbon

May 19, 2017 - On May 18, 2017, following months of speculation on how the federal government will implement its pan-Canadian price on carbon, the government released its technical paper on the federal carbon pricing backstop (Technical Paper). As we previously reported in our October 2016 publication...

Panel Seeks Sweeping Changes to Canadian Environmental Assessment Regime

Apr. 07, 2017 - The Expert Panel for the Review of Environmental Assessment Processes (Panel) released its recommendations regarding the federal Canadian Environmental Assessment Act, 2012 (CEAA 2012) on April 5, 2017. Mandated to restore public trust in Canada’s environmental assessment (EA) process and...

Co-chair, Cambridge Forums Inc., Environmental Law Forum annual conference; Cambridge, ON; Jan. 18 to 20, 2017

Jan. 18, 2017

Pan-Canadian Price on Carbon

Oct. 04, 2016 - On October 3, Prime Minister Trudeau pre-empted climate negotiations with Canada’s premiers by announcing the federal government’s plan to impose a pan-Canadian price on carbon. The plan requires all Canadian jurisdictions to have a system for carbon pricing in place by 2018, with a view to...

Ontario’s Cap-and-Trade Regime

May 20, 2016 - Ontario’s Climate Change Mitigation and Low-carbon Economy Act, 2016, which provides for the initial distribution of free allowances at levels comparable to current emissions, passed on May 18, 2016, and its companion regulation (O. Reg. 144/16) was adopted on May 19, 2016. The...

“Publish What You Pay” Guidance Finalized

Mar. 21, 2016 - Natural Resources Canada has finalized its implementation tools for the Extractive Sector Transparency Measures Act (ESTMA), which was proclaimed into force in June 2015. Commonly known as the “publish what you pay” standards, ESTMA establishes mandatory...

Ontario’s Carbon Market Revealed

Feb. 26, 2016 - After years of consideration, Ontario has introduced Bill 172, Climate Change Mitigation and Low-Carbon Economy Act, 2016, and released a draft regulation for Ontario’s carbon cap-and-trade program. This is the first step toward Ontario joining the Québec-California carbon...

The Law Society of Upper Canada, The Six-Minute Environmental Lawyer 2015, “Environmental Primer for Purchasers”; Toronto, ON

Oct. 21, 2015

Greenhouse Gas Emissions: Important Provincial Initiatives

July 06, 2015 - Québec’s Minister of Sustainable Development, Environment and the Fight Against Climate Change and Alberta’s Minister of Environment and Parks have both recently announced amendments to provincial regulations on greenhouse gas emissions. Québec  Changes to the Québec regulation the...

“Publish What You Pay” Standards Now in Force for Canada’s Extractive Industries

June 02, 2015 - On June 1, 2015, the federal government declared into force the Extractive Sector Transparency Measures Act. This Act is the long-promised legislation to establish mandatory reporting standards for payments that Canadian extractive companies make to governments worldwide (commonly known...

Chair, Ontario Bar Association, Anatomy of an Environmental Regulatory Challenge Passport Series, “Moving Towards Resolution with the Regulator: Negotiation Tips and Thinking Outside the Box”

May 27, 2015

Ontario and Québec Collaborate to Reduce Carbon Emissions

Apr. 14, 2015 - Yesterday, Ontario announced that it will impose a cap-and-trade system under the Western Climate Initiative, which it joined in 2008. The “cap” will set a maximum limit on the amount of greenhouse gas emissions that industry can produce in Ontario. Over time, this...

New Nuclear Liability Regime Passed

Mar. 03, 2015 - On February 26, 2015, the federal Nuclear Liability and Compensation Act under Bill C-22 received royal assent. Once in force, it will replace Canada’s outdated liability regime for damage from nuclear incidents. The substance of the new legislation generally mirrors four previous bills...

Ontario Bar Association, Managing New Environmental Quagmires – Perspectives from the Litigation, Regulatory and Transactional Contexts, “Effectively Handling Commercial Sinkholes: Environmental Indemnities: Assurance Against the Sinkholes”; Toronto, ON

Feb. 04, 2015