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Niall Rand, Associate | Litigation and Dispute Resolution

Niall Rand

Associate Fasken
Jurisdiction Yukon, 2025 | British Columbia, 2018
Language(s) English
Office(s) Vancouver
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Overview

Niall Rand is a senior associate in Fasken’s Vancouver office and a member of the firm’s Global Mining, Indigenous Legal Matters, and Global Energy and Climate groups. He advises clients in the energy, mining, natural resources and transportation sectors on complex regulatory matters, project approvals and Indigenous legal issues.

Since 2022, Niall has been recognized among the “Ones to Watch” in Environmental Law by The Best Lawyers in Canada, and in 2025, he was similarly recognized for his work in Aboriginal Law / Indigenous Practice. Niall is a past President of the Vancouver Bar Association, where he helped guide initiatives that support professional excellence and strengthen the legal community in the Vancouver area.

Strategic, Practical, and Client-Driven Advice

Niall helps clients make decisions and move projects forward in fast‑evolving regulatory environments. He brings a strategic, practical approach that aligns legal advice with business priorities, risk tolerance, and stakeholder dynamics — particularly where public policy, technical evidence, and regulatory discretion intersect. He has extensive experience working with professionals and experts across a diverse range of disciplines, including engineers, economists, accountants, scientists, and historians.

Guiding Mining Clients Through Approvals and Agreements

Niall supports mining clients through the full mine lifecycle, advising both operating mines and projects in development on regulatory pathways, permitting and approvals, and ongoing compliance. His work often sits at the intersection of environmental assessment, permitting, and Indigenous legal considerations, and includes structuring and negotiating agreements to support constructive engagement. 

Where issues become contested, Niall has represented clients before all levels of Court in British Columbia, in Federal Court, in mediations, and before various regulatory tribunals, including helping clients develop practical strategies for challenges to government decisions (including judicial review) and other time-sensitive court applications, including requests to pause project activity while disputes are addressed.

Public Utilities Regulation and Tribunal Advocacy

Niall has advised a variety of regulated businesses, including BC’s largest natural gas utility, both of the province’s major electric utilities , a thermal energy utility, the provider of mandatory regulated automobile insurance in BC, and a company offering regulated ferry services. His experience spans, in particular: energy project approvals; rate-related applications (cost of service and performance-based); rate design; long-term resource planning; demand-side management; procurement and energy supply contracts; resiliency and emergency planning; force majeure; customer complaints; and compliance with electric mandatory reliability standards (MRS). 

Achievements

  • Recognized as Ones to Watch in Aboriginal Law / Indigenous Practice in Vancouver, The Best Lawyers in Canada 2026
  • Recognized as Ones to Watch in Environmental Law in Vancouver, The Best Lawyers in Canada 2022 to 2026
  • Gowling WLG - David Estrin Prize, Canadian Bar Association 2017
  • Public Law Prize, Queen Mary University of London - School of Law 2015

Experience

  • FortisBC Inc. application for a CPCN for the Fruitvale Substation Project, [Case - FortisBC Inc.], FortisBC Inc. receives approval of Fruitvale Substation Project
  • FortisBC Energy Inc. revised renewable gas program, [Case - FortisBC Energy Inc.], FortisBC Energy Inc. receives approval of a revised Renewable Natural Gas Program
  • FortisBC Energy Inc. granted acceptance of $627 million in demand side management expenditures from 2024 to 2027, [Case - FortisBC Energy Inc.], FortisBC Energy Inc. granted acceptance of $627 million in Demand Side Management expenditures from 2024 to 2027
  • FortisBC Energy Inc. transmission integrity management projects, [Case - FortisBC Energy Inc.], FortisBC Energy Inc. receives approval of transmission integrity management projects for the utility’s Coastal and Interior Transmission Systems.
  • BC Hydro & Power Authority CPCN Application for the Mainwaring Substation Upgrade Project, [Case - BC Hydro and Power Authority], BC Hydro seeks approval of the Mainwaring Substation Upgrade Project
  • Site C Litigation, [Case - BC Hydro and Power Authority], Advised BC Hydro & Power Authority on a number of challenges to Site C project approvals.
  • FortisBC Energy Inc. Certificate of Public Convenience and Necessity for the Pattullo Gas Line Replacement Project, [Case - FortisBC Energy Inc.], FortisBC Energy Inc. receives a Certificate of Public Convenience and Necessity for the Pattullo Gas Line Replacement Project
  • FortisBC applies for approval of $1.1 billion LNG facility, [Case - FortisBC Energy Inc.], FortisBC Energy Inc. Application for a Certificate of Public Convenience and Necessity for the Tilbury Liquefied Natural Gas (LNG) Storage Expansion Project.
  • FortisBC in a municipal energy utility inquiry, [Case - FortisBC Energy Inc.], BC Utilities Commission Inquiry into the Regulation of Municipal Energy Utilities.

Career & Education

Education

  • LLM, Common Law University of British Columbia
  • Certificate of Qualification, National Committee on Accreditation Federation of Law Societies of Canada
  • LLB (Hons) Queen Mary University of London
  • BA, Law and Society University of Calgary

Memberships & Affiliations

  • Past President, Vancouver Bar Association
  • Member-at-Large, Vancouver Bar Association
  • Member, Law Society of British Columbia
  • Member, Canadian Bar Association

Knowledge

  • Family Ties: BC Court of Appeal Confirms BC Utilities Commission Jurisdiction over Affiliate Electricity Sales, 3/12/2026
  • Too Close for Comfort? BC Utilities Commission Granted "Full Party" Status in Appeal of its Own Decision, 10/3/2024
  • Restoule Decision Finds the Crown Breached its Promise to Robinson Treaty Beneficiaries, 8/8/2024
  • Family Matters: Reconsideration Decision Affirms that Sales to Subsidiary Are Subject to BC Utilities Commission Regulation, 4/4/2024
  • Not All in the Family: BC Utilities Commission Determines that Sales to Subsidiary Make Power Producer a Regulated Public Utility, 1/23/2024
  • With Great Power Over Ratepayers Comes Regulation: BCUC Finds Submetering Provider is Subject to Regulation as a Public Utility., 7/13/2023
  • Beyond the Headlines Part 1: Indigenous Participation in the Regulated Utility Sector, 5/2/2022
  • BC Court of Appeal Confirms that the Rule of Law is the Dominant Public Interest in Injunction Proceedings, 2/2/2022
  • Smart Renewables and Electrification Pathways Program: Canada’s Vision for an Equitable Energy Transition, 6/21/2021
  • Indigenous People Outside of Canada Can Hold Constitutional Rights Within Canada, 4/23/2021

News

Publications

  • Reforming the International Whaling Commission: Indigenous Peoples, the Canadian Problem and the Road Ahead, 6/13/2017
  • Subordination and Pretence: Canadian Environmental Assessment, Indigenous Knowledge, and Reconciliation, 4/28/2017