Canadian Lawyer InHouse

February/March 2020

Legal news and trends for Canadian in-house counsel and c-suite executives

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12 www.canadianlawyermag.com/inhouse GC PROFILE WHEN SHAUN WRUBELL joined Calgary-based BluEarth Renewables Inc in 2016 as the company's first in-house counsel, he was given the challenge of establishing and building a legal function from the ground up. As vice president, general counsel and corporate secretary for the renewable energy producer, he has played a pivotal role in multiple areas of the business, including the negotiation of key partnership agreements in Canada and the U.S. He also led and managed a multi-disciplinary team to update and modernize BluEarth's operational policies, including privacy compliance and workplace safety initiatives. Wrubell takes the lead in BluEarth's ongoing and often complex M&A efforts, co-ordinating cross-border teams and scouting locations. Among his many projects, Wrubell most recently guided the company through a significant change of ownership when founding shareholder Ontario Teachers' Pension Plan sold its interest to independent infrastructure fund manager DIF Infrastruc- ture V, making DIF the sole owner. "It was a very exciting and complex transaction with assets all over North America and various stakeholders and regulatory bodies. It was exciting to play the in-house role in that process," says Wrubell of the deal, BluEarth Renewables ramps up expansion Shaun Wrubell forges long-term relationships with First Nations partners to expand BluEarth's wind, solar and hydro energy portfolio which closed in November 2019. He antici- pates that the new ownership will open considerable opportunities for BluEarth to continue growing and expanding its wind, solar and hydro portfolio, especially in the U.S. market. BluEarth recently opened a commer- cial U.S. office in Phoenix, Ariz. to support the growth plans. Wrubell is no stranger to working with multiple stakeholders in complex transac- tions. He is adept at working with First Nations in strategic partnerships that require special care throughout the life of the project. "Continuous engagement is just as important as the legal project agreement," says Wrubell. "Having a good understanding of, and respect for, the legal framework governing the relationship with Indigenous peoples is important. However, when working with Indigenous peoples, it is also very important to take the time to learn about your partner, their culture and their business goals. In Canada, there are hundreds of First Nation communi- ties and each one has its own unique culture." One major project handled by Wrubell involved the acquisition from Veresen Inc. of four operating renewable energy facilities across Canada in 2017, including a wind facility in Ontario and three run-of-river hydro facilities in B.C. This involved five First Nations as well as minority project partners, and it represented a key milestone in BluEarth's long-term growth strategy, with the facilities having a weighted average contract life of 22 years. "BluEarth believes that trust is the foundation for long-term successful partner- ships, and trust is only developed over time, by working together with honest and transparent communications," says Wrubell. "It is impor- "BluEarth believes that trust is the foundation for long-term successful partnerships and trust is only developed over time, by working together with honest and transparent communications."

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