Regulatory

Advising a major uranium fuel bundles producer

We have historically provided environmental law advice to a major uranium fuel bundles producer in Ontario, particularly in the areas of due diligence, environmental and waste management matters.

Predecessor legislation regarding oil and gas wells

Under predecessor legislation to the Canadian Nuclear Safety and Control Act, we provided regulatory advice to a client who was forced to abandon an oil and gas well with a well logging tool licensed by federal nuclear regulators irretrievably stuck deep in the well bore.

Licensing of a Long-term NORMs Storage Site

We have provided legal advice with respect to environmental and regulatory issues associated with a client's desire to have a long-term NORMs storage site licensed by the CNSC under the Class I Nuclear Facilities Regulations as a long-term nuclear substance and prescribed equipment storage facility. This retainer included analysis and advice about licenses to prepare the site, and construct, operate, decommission and eventually abandon the facility, including the implication and requirements of the Canadian Environmental Assessment Act.

Regulation of Oil and Gas Tools Classified as Nuclear

We have been closely involved with three separate transactions whereby oil and gas well logging tools regulated under the Canadian Nuclear Safety and Control Act as nuclear devices have been transferred as part of larger corporate transactions. The scope of these retainers included applications to have such prescribed equipment transferred to the purchasers, the certification of such equipment, the qualification of personnel to hold, operate and maintain such equipment, and the licensing of storage facilities for such equipment.

Purchase and Sale of Nuclear Substances

We have provided legal advice to a New York Stock Exchange listed company on legal and regulatory matters for the purchase and sale of nuclear substances held in a third party storage facility, including opinions as to potential liabilities and protections under the Nuclear Liability Act, licensing requirements, tax, insolvency and international obligations.

NORMs Long-term Storage

For over ten years we have acted for a client with two large naturally occurring radioactive materials (NORMs) long-term storage sites in Alberta. The scope of this ongoing retainer includes analysis of the Act and regulations to avoid legislative and civil liabilities to the owner, local and provincial land use planning matters to ensure future development of the sites is controlled or prohibited, interaction with local, provincial and federal regulators, and contract law advice on the decommissioning, remediation and reclamation of the sites.

Uranium Storage Facility

We are currently representing the owner of a uranium storage facility which is subject to regulation by the Canadian Nuclear Safety Commission (CNSC) under the Canadian Nuclear Safety and Control Act. As part of this mandate we have successfully intervened before the CNSC in public hearings held to determine whether the facility operator's license should be extended, renewed or rescinded. We have also assisted our client in developing a regulatory plan in the event the operator/tenant defaults in complying with the CNSC order and our client is required to apply for and obtain licenses from the CNSC to construct, operate, decommission and abandon a nuclear substance storage facility or, alternatively, to package and transport the nuclear substance off site for disposal.

The scope of this work includes advice with respect to not only the requirements to conduct an environmental impact assessment under the Canadian Environmental Assessment Act, but also the manifesting, placarding and other requirements under the Transportation of Dangerous Goods Act.

Oil & Gas Licensing

Counsel to various oil and gas exploration companies seeking to licence sweet and sour gas wells, pipelines and other oilfield facilities.

3R Sand Limited

Counsel to 3R Sand Limited before the EUB challenging the classification of oilfield waste and the restrictions on reusing and recycling materials from oil and gas wells.

Fortis Inc.

Counsel to Fortis Inc. before the EUB on the acquisition of the Alberta Electrical Distribution System from Aquila Networks.

Gateway Pipeline Project

Counsel to potential shippers on the Gateway Pipeline Project from near Edmonton, Alberta to Kitimat, BC, with respect to the terms and conditions of service and options for obtaining authorization to export oil from Canada.

Mackenzie Gas Pipeline Project

Counsel to Mackenzie Gas Pipeline Project in the proceedings before the Joint Review Panel consisting of federal, territorial and First Nations regulatory authorities established pursuant to legislation and land claim settlement agreements.

Montana Alberta Tie Ltd.

Counsel to Montana Alberta Tie Ltd. (MATL), a power line developer, before the NEB and EUB relating to approvals for the construction and operation of an International Power Line in Alberta.

The MATL Project is the first privately funded or merchant transmission line to seek regulatory approval in Alberta.