Canadian Lawyer InHouse

Feb/Mar 2009

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

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hiring and training a certain number of aboriginal workers, Legge notes. For Métis lawyer Jeff Paquin, dealing with native commu- nities has become ground zero for even starting clean-power projects in British Columbia, particularly given the 2004 Su- preme Court of Canada ruling in Haida Nation v. B.C. (Min- istry of Forests). While not giving an outright veto to the First Nations, the ruling requires government to uphold the hon- our of the Crown through consultation and, when necessary, accommodation with First Nations. For years, he represented First Nations in legal dealings with mining companies in the province's north. Now, Paquin has switched hats to become a proponent for biomass and run-of- river power projects in B.C. "I have a unique perspective [in] going from the other side of the table representing First Nations to being on the side of the table with the proponents coming to First Nations saying here's what we'd like to do," he says. His experience, he argues, has been beneficial to his current work with Western Biomass Power Corp., a company he began with two other partners prior to its sale to Run of River Power Inc. last winter. "I can remember sitting on the other side of the table watching these proponents come in. You'd see these suits come in with their chests out, and they'd just raised $10 or $15 million on Bay Street or Howe Street. They'd come in with this notion that 'Here is what we're going to do, how we're going to do it, where we're going to do it, why we're going to do it, and here is your token job and your token royalty.' I sort of got the idea of how not to go into a First Nations environment that's so sensitive today." In the Western Biomass case, the company entered into a joint Plutonic Power Corp. vice president legal Rupert Legge. The company has bid on two run-of-the-river power projects in B.C. venture with the Tsilhqot'in National Government to propose a 60-megawatt project fuelled by timber in the Williams Lake area. The idea is to use refuse left by logging companies after salvaging the small amount of wood that's still usable following a mountain pine beetle infestation. Glenn Zacher and Patrick Duffy Original author: The Honourable Mr. Justice David M. Brown Shedding light on the complex legislative and regulatory framework governing the Ontario natural gas and electricity industries Taken over by energy law practitioners, Glenn Zacher and Patrick Duffy of Stikeman Elliott, with original material by The Honourable Mr. Justice David M. Brown, Energy Regulation in Ontario is your most authoritative source for gaining an appreciation of the laws, regulations and policy directives governing the Ontario energy market and industry. In fact, it's the only publication available that analyzes the legal regime affecting each segment of the market and industry – i.e., generation, transmission, distribution, wholesaling/trading and marketing/retailing. Energy Regulation in Ontario contains everything you need to understand the intricacies of the open market for natural gas and electricity. Regularly updated to reflect the latest changes, this book explores: • the frequent amendments made since 1998 to both the Electricity Act, 1998 and the Ontario Energy Board Act, 1998 • the substantial revisions, repeals and additions made to the regulations under both Acts • the significant changes to the Market Rules made by the Independent Electricity System Operator • summaries of the major decisions made each year by the Ontario Energy Board on both the natural gas and electricity fronts, keeping you up to date This is a must-have resource for anyone in the energy sector who wants to successfully navigate through this complex regulatory landscape. Looseleaf & binder • $290 • Releases invoiced separately (1-2/yr) • P/C 042603000 • ISBN 0-88804-333-3 For a 30-day, no-risk evaluation call: 1 800 263 2037 or 1 800 263 3269 www.canadalawbook.ca Canada Law Book is A Division of The Cartwright Group Ltd. • Prices subject to change without notice, and to applicable taxes. 22 • FEBRUARY 2009 Zacher_Energy Regulation in Ontario (CL 1-2h).indd 1 INHOUSE CL0209 1/6/09 11:47:10 AM

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