Overview

This program marks the 16^th annual Canadian Energy Law Forum. Every year around 50 lawyers meet in a Canadian city to review the developments in energy regulation across Canada. The members of the Forum are legal counsel in different Canadian provinces that act for utilities, intervenors and regulators in proceedings before both energy regulators and the courts that review the regulatory decisions.

Today’s program starts, as it always does, with the lecture by David Mullan Canada’s leading authority on constitutional and administrative law. The Mullan annual lecture at the Forum is also published every year in this journal.

Following David is a panel on greenwashing that includes Adonis Yatchew at the University of Toronto, Joseph Kelleher, a former Chair of FERC in Washington, Carolyn Calwell, General Counsel at the Ontario Energy Board and Amanda Klein, General Counsel at Toronto Hydro. Misleading claims regarding carbon reduction is attracting a growing interest by regulators in both Canada and the United States The Securities Commissions in both countries are taking the lead but energy regulators will soon get involved whether they like it or not.

The second panel, which is chaired by Jonathan Liteplo at the BLG law firm in Calgary, deals with a very unique topic. That is the impact of the Covid virus on regulation within the energy sector. Like the courts regulators have had to live in the new Zoom life. More importantly they have had to make adjustments to filing requirements and hearing procedures. These have created some real challenges and debate.

Last but not least Katie Slipp, a partner with the Blakes law firm in Calgary, chairs a panel dealing with investments to promote green energy. Meeting Canadian climate change goals will require huge investments in new technology. That will create significant regulatory challenges for both the regulatory agencies and the lawyers that practice before them.

The last matter on the program marks a longstanding tradition at the Forum. For each of the last 15 years we have recognized the Energy Lawyer of the Year. One from the West and one from Eastern Canada. The award consists of unique Inuit sculpture of a grizzly bear. This recognition started in the very first Energy Law Forum held in Kelowna British Columbia. In those days there is only one bear. The award that year went to Neil McCrank QC, then Chair of the Alberta Utilities Commission.

This year we are pleased to announce that two senior members of the energy bar are being recognized. The first is Bruce Outhouse QC, a partner at Blois Nickerson firm in Halifax . Bruce for the last 35 years has acted as counsel to the Nova Scotia regulator. The Western Bear goes to Chris Sanderson QC, a partner at the Lawson Lundell law firm in Vancouver who practiced for 40 years before the British Columbia Utilities Commission.

This is the first time in the history of the Energy Law Forum that one of the Bears has gone to a lawyer on the Pacific coast while the second Bear went to a lawyer on the Atlantic coast. So much for the monopoly long enjoyed by Ontario and Alberta lawyers. In closing we must thank the sponsors of the grand Bear Dinner — the national law firms — Borden Ladner and Blakes.

Thursday, May 5, 2022

Program Committee

Co-Chairs: Gordon Kaiser, Jonathan Liteplo
J.Mark Rodger, Katie Slipp, Neil McCrank

THE PANEL

Tina Ackermans
Vice President Strategy & Corporate Development,
Suncor Energy Inc. (Calgary, AB)

Tina Ackermans is currently the Vice President of Strategy & Corporate Development at Suncor Energy. In this role, she works closely with the executive leadership team and is accountable for corporate and downstream strategies, manages corporate development and commercial work including merger, acquisition, and divestment activities, and oversees enterprise capital portfolio and economics. Tina also leads Suncor’s Renewable Energy (wind and solar) business, accountable for asset operations and portfolio development of this business.

Over her 25-year career at Suncor, Tina has progressively taken on leadership roles in many different business units, including Retail, Direct Sales, Wholesale Operations, Lubricants, Supply Trading & Optimization, Renewable Energy, and Strategy, Integration and Development before assuming her current role. In addition to Tina’s wealth of knowledge across the business, her strong leadership has enabled Tina to make a positive difference in each of her roles. She is a former member of Suncor’s Inclusion and Diversity Council and sponsor of the Downstream Employee Workplace Inclusion Network and continues to be a champion for an inclusive workplace.

Tina holds a Bachelor of Commerce degree from Concordia University in Montreal and is also a graduate of the Ivey Management Program at Western University.

She is a former member of Canada’s National Synchronized Swim Team. She retired from the sport after finishing just shy of qualifying for the 1996 Canadian Olympic team. She credits much of her philosophies about teamwork and coaching from her time in the sport.

Jennifer Addison
Senior VP, Sustainability, General Counsel & Corporate Secretary,
EPCOR (Edmonton, AB)

Jennifer Addison is SVP Sustainability, General Counsel and Corporate Secretary at EPCOR Utilities Inc., based in Edmonton, Alberta. Jennifer oversees the delivery of legal services for EPCOR, as well as compliance, ethics and privacy; public and government affairs; EPCOR’s sustainability strategy; and supply chain management. As Corporate Secretary, Jennifer works closely with EPCOR’s Board of Directors. She is Vice Chair of the board of Edmonton’s Citadel Theatre, and serves on the board of Women General Counsel Canada and the Queen’s Law Alberta Advisory Council. Prior to joining EPCOR, Jennifer held progressively more senior roles in a global engineering and design firm helping to grow the business by acquisition.

Gillian Barnett
Director, Legal and Regulatory Affairs (Markets and Operations),
Alberta Electric System Operator (Calgary, AB)

Gillian Barnett is the Director of Legal and Regulatory Affairs (Markets & Operations) with the Alberta Electric System Operator (“AESO”). She began her legal career as a litigator with a major national firm, and her current legal practice is focused in the area of energy regulatory law. Gillian leads a team that is accountable for the development of the ISO rules, Alberta reliability standards and the ISO tariff, along with the related stakeholder engagement and regulatory proceeding processes. Through this work, the Legal and Regulatory Affairs team enables the transformation of the province’s electricity sector while ensuring reliable, affordable power is always available to Albertans.

Carolyn Calwell
General Counsel,
Ontario Energy Board (Toronto, ON)

Carolyn Calwell was appointed as Chief Corporate Services Officer & General Counsel in April 2021. Ms. Calwell brings to the organization deep energy sector expertise and a proven track record in public administration. She has served in senior leadership roles in legal services and energy policy, most recently as Assistant Deputy Minister, Strategic, Network and Agency Policy Division at the Ministry of Energy, Northern Development and Mines since 2017. Prior to that Ms. Calwell was Legal Director at the ministries of Energy, Economic Development and Growth, Research, Innovation and Science, and Infrastructure. Ms. Calwell has an Honours B.A. in Geography & Politics from Queen’s University and she earned her LL.B at Osgoode Hall before joining a large law firm in Toronto.

Jackie Forrest
Executive Director,
ARC Energy Research Institute (Calgary, AB)

Jackie actively monitors emerging strategic trends related to energy. She is an author and sought after public speaker with 25 years of experience in the energy industry. She is the co-host of the ARC Energy Ideas podcast, a weekly show that explains the latest trends and news in Canadian energy and beyond.

Jackie is a member of the Board of Directors for the Canadian Renewable Energy Association (CanREA). She is a former board member of Longshore Resources Ltd. and the Explorers and Producers Association of Canada (EPAC).

Prior to joining ARC, she was the leader of North American crude oil research for IHS CERA. Jackie has published 20 public papers on energy issues. She has co-hosted over 100 podcasts and written numerous columns, spanning all energy systems from oil and gas to clean energy, including electric vehicles, renewable power, carbon capture and biofuels.

Jackie was the recipient of the 2018 Schulich School of Engineering Environment and Sustainability Alumni Award, recognizing her contribution to a significant body of knowledge that has helped to increase the understanding of the connection between energy and environment. She is currently a member of the Schulich Industry Advisory Council (SIAC), the group provides input to the engineering school to help to ensure that programs and initiatives align with industry needs.

Jackie attended the University of Calgary where she received an undergraduate degree in Chemical Engineering. She also has an MBA from Queens University.

Peter Gurnham
Retired

Peter was appointed as a Member of the Nova Scotia Utility and Review Board on June 5, 2003 and then as Chair on October 23, 2004, retiring on March 1, 2022.

Peter holds bachelor’s degrees in Economics and Law from Dalhousie University in Halifax and was appointed as a Queen’s Counsel in 1998. Prior to his appointment to the Board, he practiced law for 27 years with a regional Atlantic Canada law firm (Cox & Palmer), where he specialized in administrative and regulatory law, and was managing partner for nine years. He also had an active municipal and planning law practice. He is a Past Chair of CAMPUT: Canada’s Energy and Utility Regulators. He is a frequent speaker at conferences and seminars and is former Co-Chair of the annual Energy Regulation Course sponsored by CAMPUT at Queens University.

Peter has been active in many community and charitable groups and is a recipient of several awards in recognition of service to community.

Gordon Kaiser
Counsel & Arbitrator,
Energy Law Chambers (Toronto, ON/Calgary, AB)

Gordon Kaiser is a counsel and arbitrator practising in Toronto, Calgary and Washington at Energy Law Chambers. He is a former vice chair of the Ontario Energy Board and a former Alberta Market Surveillance Administrator. Prior to that he was a partner in a major law firm where he appeared in the courts of five provinces, the Federal Court of Appeal, the Supreme Court of Canada and ten different regulatory agencies across the country.

He has advised the Alberta Utility Commission and the Ontario’s Independent Electricity System Operator on settlements under the Electricity Act and the Attorney General Canada and the Commissioner of Competition on settlements under the Competition Act. He has arbitrated disputes dealing with transmission and pipeline facilities, power purchase agreements, gas supply contracts, and wind and solar contracts.

Gordon is the editor of four books: Corporate Crime and Civil Liability, Energy Law and Policy, Regulating Energy Market Manipulation, and The Guide to Energy Arbitration. He is Co-Chair of the Canadian Energy Law Forum, Co- Editor of the Energy Regulation Quarterly and past President of the Canadian Chapter of the Energy Bar Association. He was the first Visiting Professor in Law and Economics at the University of Toronto Faculty of Law.

Hon. Joseph Kelliher
Former FERC Chair (Washington, DC)

Joe Kelliher is the former executive vice president for federal regulatory affairs for NextEra Energy Inc. As executive vice president, Kelliher was responsible for managing regulatory issues for NextEra’s two principal subsidiaries, NextEra Energy Resources and Florida Power & Light Co. before federal agencies.

From 2005 to 2009, he served as chairman of the Federal Energy Regulatory Commission (FERC), where he managed 1,400 employees and a $260 million annual budget. Among the highlights of his chairmanship was the efficient implementation of the Energy Policy Act of 2005, the largest expansion in FERC regulatory authority since the 1930s.

Kelliher has worked on energy policy matters in different capacities for the federal government and private sector. He holds a B.S. from Georgetown University’s School of Foreign Service and a J.D. from The American University Washington College of Law.

Amanda Klein
General Counsel,
Toronto Hydro (Toronto, ON)

Amanda Klein is Executive Vice-President, Public and Regulatory Affairs and Chief Legal Officer at Toronto Hydro. Her work takes her to the heart of the corporation’s strategy and operations, and she brings over a decade of experience to her leadership of Toronto Hydro’s advocacy, communications, stakeholder relations, enterprise risk and governance, law, business development, energy and regulatory policy, as well as streetlighting activities.

Amanda is a regular speaker and contributor in a wide variety of forums and initiatives in the sector and community. Prior to her time at Toronto Hydro, Amanda practiced commercial litigation and government relations in Toronto. She holds a law degree from the University of British Columbia.

Paul Kwasnik
President & CEO,
Brantford Power Inc. (Brantford, ON)

Paul is an accomplished leader and has over 25 years of experience in the energy industry. Most recently, Paul served as CEO & President of the Brantford Energy Corporation (BEC). He held this role from 2013–2022 and was responsible for the BEC family of companies, which included Brantford Power Inc., the local distributor of electricity to more than 41,000 residential, commercial and industrial customers in the City of Brantford; and Brantford Hydro Inc., the retail division that provides high-speed fibre optic telecommunication connections through its NetOptiks division. During his tenure as CEO & President, Paul’s strategic focus was on building, transforming and modernizing the business while making continual improvements and investments across all aspects of the business, including employee and community safety; organizational development; regulatory strategy; operational efficiency and reliability; asset management; innovation; and responsive customer service. His role culminated with the successful merger of Brantford Power and Energy+ that resulted in the formation of GrandBridge Corporation, including affiliates GrandBridge Energy and GrandBridge Group.

Paul brings considerable governance experience having served as an elected Trustee on the Brant Haldimand Norfolk Catholic District School Board; serving as a member on the Board of Directors for Brantford Power, and the Board of Governors for Wilfrid Laurier University. Paul is currently a Director on the St. Joseph’s Health System Board of Directors.

Paul Kwasnik graduated from Wilfrid Laurier University with a BA in Political Science and he holds an MBA from Queen’s University.

Jonathan Liteplo
Partner,
Borden Ladner Gervais LLP (Calgary, AB)

Jonathan Liteplo is a partner in Borden Ladner Gervais LLP. He works extensively in energy and utilities regulation representing participants in the electricity, oil and gas, water and wastewater, and mining industries in a broad range of matters before regulatory authorities and the courts. He has wide-ranging experience representing owners in obtaining tariff-related approvals, including performance based rate regulation and utility cost of capital, change of control approvals, and regulatory permitting for complex and controversial infrastructure projects. Jonathan has been involved in charitable work throughout his career, most recently as Chair of the Board of an international development organization.

Lewis Manning
Senior Counsel,
Lawson Lundell LLP (Calgary, AB)

Lewis’ practice focuses on Regulatory/Administrative Law energy matters involving both the electricity and oil and gas sectors including all aspects of rate applications, toll design, facilities applications, cost of capital and related matters before the Alberta Utilities Commission (previously the Alberta Energy and Utilities Board), the Alberta Energy Regulator (previously the ERCB) and the Canada Energy Regulator (formerly National Energy Board). He has appeared at all levels of the Alberta courts in relation to various energy related matters both at trial and appeals, the BCUC, OEB, Manitoba PUB, the Offshore Helicopter Safety Inquiry, the Federal Court, Federal Court of Appeal, and the Supreme Court of Canada. He has also represented clients in arbitrations as well as sitting as an arbitrator in relation to oil and gas and electric industry related contract disputes.

Lewis represents independent power producers, industrial & commercial customers, oil & gas producers, utilities, forest industries, industry associations, regulators, consumers and transmission companies in relation to a variety of regulatory matters. He has participated actively in all matters relating to the restructuring of the gas transmission and distribution sectors in Canada and the electric industry in Alberta. He was also a member of the legislative drafting committee responsible for the Alberta Electric Utilities Act and related matters.

Lewis has a strong civil litigation background and has appeared as counsel in the Federal Court and Federal Court of Appeal in relation to a number of first nation challenges to pipeline projects. He has also acted as counsel before many other administrative tribunals, including the Development Appeal Board, the Workers Compensation Board, Calgary Real Estate Board, and the Municipal Government Board (Commercial Property Tax Assessment Appeals in relation to gas plants).

Michael Millar
Legal Counsel,
Ontario Energy Board (Toronto, ON)

Michael Millar is senior legal counsel at the Ontario Energy Board. In his role as counsel Michael regularly provides advice to Board members and assumes carriage of major rates hearings (transmission, distribution and generation), leave to construct proceedings, and various other regulatory hearings. Michael also regularly represents the OEB at appeals before the Ontario Divisional Court and the Ontario Court of Appeal.

Prior to joining the OEB Michael practiced litigation, administrative law, and municipal law with the with the firm Osler Hoskin and Harcourt LLP.

David Mullan
Professor Emeritus, Constitutional and Administrative Law,
Queen’s University (Kingston, ON)

David Mullan retired from the Faculty of Law at Queen’s University, Kingston, Ontario, Canada in 2003 as the holder of the Osler, Hoskin & Harcourt Professorship in Constitutional and Administrative Law. From 2004 until 2008, he was the first Integrity Commissioner for the City of Toronto. From 1998 to 2006 he was a part-time member of the Human Rights Tribunal of Ontario, and, until 2015, a part-time Vice-Chair of the Ontario Workplace Safety and Insurance Appeals Tribunal. From 1993 until 2018, he was also a member of the NAFTA Chapter 19 Canadian Panel. He continues to provide strategic advice on administrative law issues (including applications for judicial review) to governments, agencies and tribunals. He has been a frequent speaker at continuing legal education seminars and workshops for members of courts, tribunals, and agencies as well as the profession. David is widely published in the field of administrative law and has prepared reports for various governments and agencies. Most recently, he was a member of the three person Alberta Utilities Commission Procedures and Processes Review Committee.

Bruce Outhouse, Q.C.
Partner,
Blois, Nickerson & Bryson LLP (Halifax, NS)

Bruce Outhouse is a partner with the law firm of Blois, Nickerson & Bryson LLP in Halifax. He received his law degree from Dalhousie University in 1971 and has been in private practice since that time.

He specializes in public utility regulation, arbitration, mediation, civil litigation and administrative law. He has been very active as an arbitrator and mediator, having decided more than 1,200 labour and commercial arbitrations and having been involved in the successful settlement of major labour disputes both provincially and nationally. He has extensive experience in administrative law and public utility regulation, serving as counsel to the Nova Scotia Utility and Review Board (formerly the Board of Commissioners of Public Utilities) since 1976.

He is a Fellow of the American College of Trial Lawyers and a Member of the National Academy of Arbitrators.

Chris Sanderson, Q.C.
Retired

At the end of 2019, Chris retired from 41 year practicing as an energy lawyer with Lawson Lundell, LLP. His practice focused on government relations, regulation and dispute resolution in the energy and resource sectors. He advised utilities, independent power producers, marketers, mines and energy project developers, crown corporations, tribunals and governments.

Chris appeared frequently before regulatory boards in energy and environmental matters in British Columbia, Alberta and the Northwest Territories and was called to the bar in all 3 jurisdictions. He represented clients in judicial proceedings at all levels of court in British Columbia and Alberta and in the federal court system including the Supreme Court of Canada.

Chris has served on the board of BC Hydro and Power Authority since January 2018 and also sits on the board of the Islands Art Centre Society (ArtSpring).

Katie Slipp
Partner,
Blake, Cassels & Graydon LLP (Calgary, AB)

Katie is a partner in the Regulatory and Environmental Group in the Calgary office of Blake, Cassels & Graydon LLP. She advises and represents oil and gas developers, pipeline companies, electric generation and transmission companies and renewable energy companies in respect of regulatory and environmental approvals and compliance issues, stakeholder consultation, Indigenous issues and surface land rights and compensation matters. Katie has assisted clients before the National Energy Board/Canada Energy Regulator, regulators in Alberta, British Columbia, Manitoba and the Northwest Territories, as well as at all levels of court in Alberta and at the Federal Court of Appeal.

Adonis Yatchew
Professor of Economics,
University of Toronto (Calgary, AB)

Adonis Yatchew’s research focuses on energy, regulation and econometrics. Since completing his Ph.D. at Harvard University, he has taught at the University of Toronto. He has also held visiting appointments at Trinity College, Cambridge University and the University of Chicago, among others. He has written a graduate level text on semiparametric regression techniques published by Cambridge University Press. He has served in various editorial capacities at The Energy Journal since 1995 and is currently the Editor-in-Chief. He has advised regulators, public and private sector companies on energy, regulatory and other matters for over 35 years and has provided testimony in numerous regulatory and litigation procedures. He currently teaches PhD. level courses in econometrics, and M.A. and undergraduate level courses on energy in the University of Toronto Department of Economics and the School of Environment. The energy courses are interdisciplinary, spanning economics, the environment and sustainability, politics, geopolitics and security. He has also taught short courses covering these areas at international conferences.

A recording of the webinar can be access here: https://lawlectures.com/4-the-video/