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Renewable Energy


Fasken advises utilities, IPPs, investors, lenders and suppliers on permitting, construction, commercial agreements, M&A, tax and financing involving renewable energy projects and transactions.
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Overview

Fasken helps proponents and investors with renewable energy projects and transactions around the world, including environmental assessments and permitting, consultation and agreements with Indigenous groups, tax structuring and finance. We have closed the project financing required to advance solar projects, negotiated power purchase agreements, navigated interconnection tariffs and EPC contracts to get hydro projects built, and hammered out M&A deals to close wind project transactions.

 

We advise clients throughout the renewable or alternative energy spectrum, in terms of both scale and type of technology or resource. Regardless of your role in the project, and regardless of whether it is a wind farm, small run-of-river or large-scale hydroelectric facility, we can negotiate the agreements and regulatory framework to keep it moving forward.

 

For example, we assist with gaining social license and exploration of joint venture agreements and other arrangements with Indigenous groups and local communities. We also advise on project financing, including “wrap” structures supported by sovereign guarantees. We prepare land leases and other forms of tenure, equipment sales agreements and construction contracts, as well as power purchase agreements. We also advise on purchase and sale transactions, incentive programs and tax structures that make financial sense for your enterprise and jurisdiction, and compliance with environmental laws and regulations.

 

We work with utilities and independent power producers, buyers and sellers, borrowers and lenders, developers and other investors (including private equity), manufacturers and suppliers. Many of these transactions involve complex cross-border negotiations, multinational investors and multi-jurisdictional regulatory approvals.  For example, we help Canadian power producers access U.S. Renewable Energy Credit (REC) markets and assist Quebec producers in navigating the Cap and Trade regime.

 

Fasken has been involved in the environmental assessment process for the two largest clean energy projects in Canada – Site C in British Columbia and Muskrat Falls in Newfoundland and Labrador.  We’ve advised clients developing, investing in, constructing, operating and financing wind, solar, hydroelectric and biomass projects and related infrastructure throughout Canada, the United States and Africa.

 

Subscribe to our bulletins, browse our recent work or contact any of our lawyers to discuss how we could help with your project or transaction.

Team

Primary Contacts
  • Paul C. Wilson, Counsel | Infrastructure and Projects, Vancouver, BC, +1 604 631 4748, [email protected]
  • Ron Ezekiel, Partner | Mining, Energy and Climate, Vancouver, BC, +1 604 631 4708, [email protected]
  • Brenden Hunter, Partner | Energy and Climate, Calgary, AB | Tsuut'ina, AB, +1 403 261 6157, [email protected]
  • Lara Bezuidenhoudt, Partner | Project Finance, Johannesburg, +27 11 586 6038, [email protected]
Paul-Wilson-Lawyer-Vancouver Paul C. Wilson Counsel | Infrastructure and Projects Vancouver, BC +1 604 631 4748
Ron-Ezekiel-Lawyer-Vancouver Ron Ezekiel Partner | Mining, Energy and Climate Vancouver, BC +1 604 631 4708
Brenden Hunter, Partner | Energy and Climate Brenden Hunter Partner | Energy and Climate Calgary, AB Tsuut'ina, AB +1 403 261 6157
Lara Bezuidenhoudt, Partner | Project Finance Lara Bezuidenhoudt Partner | Project Finance Johannesburg +27 11 586 6038

Experience

  • BC Hydro successfully resists Surrey’s application for leave to appeal the BC Utilities Commission’s order setting terms of use for BC Hydro facilities on municipal land, [Case - BC Hydro and Power Authority], BC Hydro wins court dispute against City of Surrey
  • Awendio Solaris completed new partnership with The Mohawk Council of Kahnawake (MCK), [Deal - Awendio Solaris], Major renewable energy project.
  • Middlefield’s Infrastructure Dividend Split Corp. Establishes $150 Million ATM (at-the-market) Equity Program, [Deal - Middlefield Limited], Canadian equity income asset manager established "at-the market" equity program.
  • La Caisse completed the acquisition of Innergex for C$10 billion, [Deal - Caisse de dépôt et placement du Québec], Acquisition of Innergex by la Caisse.
  • Ambion Heating raises new equity and converts the venture capital convertible loan provided by the UK Government’s Future Fund, [Deal - Ambion Heating], Ambion Heating, a UK low-carbon heating technology firm, raised new equity of £2,250,000 and converts the venture capital convertible loan provided by the UK Government’s Future Fund and other lenders in 2020 into ordinary shares in the capital of the company.
  • Ecoener invests in special purpose vehicle for wind energy project in BC, [Deal - ], Ecoener invests in SPV for Nilhts’i Ecoener Wind Farm Project.
  • Electrovaya Inc. completes US$12.8 million MJDS public offering of common shares, [Deal - Electrovaya Inc.], Electrovaya’s over-night marketed MJDS prospectus offering of common shares in the United States and Canada for aggregate gross proceeds to the company of US$12.1 million.
  • Harmony Energy Limited sells a Battery Energy Storage System (BESS) project to EDF Renewables Polska, [Deal - Harmony Energy Limited], Sale of Battery Energy Storage System (BESS) project to EDF Renewables Polska.
  • Harmony Energy Limited announces its expansion into Italy with the launch of a new affiliate business, Harmony Energy Italy, [Deal - Harmony Energy Limited], Harmony Energy Limited announces its expansion into Italy with the launch of a new affiliate business, Harmony Energy Italy.

Knowledge

  • Congestion curtailment approved by NERSA – an attempt to free up grid connection capacity for wind energy facilities in the Eastern and Western Cape regions, 7/1/2025
  • Canada’s Clean Energy Investment Tax Credits: Insights as of October 2024, 10/15/2024
  • Selected Tax Measures in the 2024 Federal Budget – Canada, 4/17/2024
  • Canada’s Proposed Clean Economy Tax Credits: Insights as of March 2024, 3/7/2024
  • Changes to Alberta Renewable Project Approvals, Effective March 1, 2024, 3/5/2024
  • Canada’s Proposed Clean Energy Tax Credits: Where Are We Now?, 12/4/2023
  • Recharging the British Economy: The New UK Battery Strategy and Critical Minerals, 11/26/2023
  • The UK National Security and Investment Act (NSIA) Call for Evidence: what does it mean for Critical Minerals?, 11/20/2023
  • BC Hydro Power Call Insights Key Details From the Phase 1 Engagement Summary Report, 10/4/2023
  • Government proposes removing the 100 MW electricity generation licensing threshold from Schedule 2 of the Electricity Regulation Act 4 of 2006, 9/26/2022

Events

  • Fasken Global Mining Group Seminar Series, 2/23/2026
  • From Mines to Megawatts: Navigating the Nuclear Power Resurgence as part of the Energy Transition, 3/3/2025
  • Energy and Decarbonization Projects: an Opportunity for Reconciliation with Indigenous Peoples, 9/27/2023
  • Goodbye lobbyist registry! Hello Carrefour Lobby Québec! Are you all set?, 4/12/2023
  • The Biden Administration: Carbon and Clean Tech Impacts for Canada, 1/19/2021
  • Pleins feux sur l’électrification des transports et la mobilité durable au Québec, 11/7/2019
  • WaterPower Canada Conference, 9/25/2019

News

  • Gillian Niven Joins Fasken as Partner in the Corporate and Commercial Group, 2/2/2026
  • Lara Bezuidenhoudt describes the key role P3s could play in developing South Africa’s electricity grid in Business Day, 6/25/2024
  • Fasken will be at the MaRS Climate Impact Conference in Toronto, 11/23/2023
  • Lexpert Magazine quotes Kai Alderson in an article on the renewable energy sector, 9/25/2023
  • African Law & Business mentions Fasken team in an article on South African renewable energy deal, 9/29/2022
  • Fasken Advises Lenders on Ground-Breaking 100 MW Renewable Energy Projects, 9/22/2022
  • SABC News interviews Francois Joubert in a report on eco-friendly renewable energy solutions, 7/24/2022
  • Renewable Energy IPP Programme wins PFI Award, 3/1/2019
  • Lexpert quotes André Turmel in an article about the implementation of Ontario’s cap-and-trade system to curb greenhouse gas emissions, 5/20/2015
  • Droit-inc mentions Fasken Martineau's recognition in the 2014 edition of the Chambers Global Guide, 3/31/2014

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