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What is Energy (Oil & Gas)?

Best Oil and Gas lawyers in Canada as ranked by Lexpert

Oil & Gas lawyers are defined in the widest sense in order to identify those firms capable of providing a full service to industry clients. As such, the practice area encompasses:

  • all manner of upstream and downstream work including exploration and drilling agreements;
  • infrastructure, engineering and service contracts; production, licensing, leasing, operation and royalty agreements;
  • joint ventures and syndications;
  • taxation;
  • environmental approvals, compliance and site abandonment;
  • federal and provincial regulatory applications;
  • financing including project financing, structured financing, debt and secured financings, capital markets and private placement financing;
  • storage, processing, refining, marketing, pipelines and distribution;
  • acquisitions, mergers and takeovers;
  • international concessions, exploration and development.

 

Please note that the Lexpert directory has separate practice areas for:

  • Energy lawyers - Electricity
  • Environmental lawyers
  • Corporate lawyers

 

What is the definition of oil and gas law?

Oil and gas law is the set of local and national legislative statutes, together with its accompanying administrative regulations, which regulates the exploration, processing or production, transportation, marketing of crude oil and natural gas to become viable energy sources for the consumption of the public. It may be considered as part and parcel of energy law, which is more general as it covers all possible kinds or sources of energy.

 

There are three known stages of oil and gas law, where different laws and regulations may apply respectively.

 

Upstream

The “upstream” is first stage which includes the actual exploration and production of crude oil and natural gas. Exploration is where surveys and information gathering happens to locate possible locations of oil and gas. Production, on the other hand, is where these oil and gas are brought up to the surface.

 

Midstream

After the exploration and production of oil and gas, it goes through the “midstream” which deals with the gathering, processing, storing, and transporting, of produced oil and gas. There are many ways to transport oil and gas, such as the use of pipelines, tank trucks, rail tank cars, and transcontinental tankers.

 

Downstream

Lastly, the “downstream” is the refining of the oil and gas from the midstream to become usable products. Once refined, downstream also deals with the actual selling and distribution of these products to the public.

 

Oil and Gas Lawyers

Oil and gas lawyers ensure that their clients, which are companies and corporations engaged in the business of crude oil and natural gas, faithfully comply with numerous government regulations to prevent the unduly hampering of their operations. Because there may be different laws and regulations which may cover the three “streams” mentioned above, oil and gas lawyers familiarize themselves with its application, including the recent developments of applicable common law or case law which may affect the operations of their client. Oil and gas lawyers are also knowledgeable with the actual operation of these companies and corporations, from the upstream until the downstream stage.

 

They are engaged with even at the beginning, where part of upstream is the overall drafting and negotiations of joint exploration and production contracts, which may be between the government, or other private companies, or both. These contracts which may include until the downstream stage, may even be a different contract for midstream and downstream, depending on the parties and their agreement.

 

Broad focus for oil and gas lawyers

Oil and gas lawyers do not only focus on oil and gas law per se, since it will most likely overlap with other branches of law, such as environmental law or Indigenous Peoples law, where the former’s certain operations will have great impacts on the latter, having its own set of laws and regulations. It may also overlap with torts and damages, which is applicable when unfortunate events happen during any of the “streams” and when litigations ensue.

 

They also have to be experts on corporate law and taxation, since their clients are these large intra- or inter-national corporations, where they may also have to deal with its internal and external disputes. Hence, oil and gas lawyers are both transactional and litigious in their practice, across numerous branches of law and government regulations.

 

Who regulates oil and gas in Canada?

 

Canada Energy Regulator (CER)

As a whole, the Canada Energy Regulator (CER) is the federal agency which regulates the energy sector in its objective of providing utilities for Canadians. The laws mentioned above, Canadian Energy Regulator Act and Canada Oil and Gas Operations Act, enforced and is under the responsibility by the CER. The agency ensures the safe operations of these pipelines and other energy infrastructures with regards to the public and the workers.

 

In line with this, the CER regulates pipelines especially its life cycle, in addition to provincial and territorial regulations on pipelines. This also includes pipelines within Canada (inter-provincial) and those crossing borders (Canada-U.S. borders).

 

Is oil and gas federally regulated in Canada?

 

Federal legislations

Mentioned above, the CER is the main agency responsible in federally regulating the oil and gas industry in Canada, applying the numerous regulations of the CER Act and Canada Oil and Gas Operations Act. Notably, there are also considerations in federally regulating the oil and gas industry, such as Canada’s environmental statutes policies such as the Water Act.

 

Provincial and territorial regulations

However, in addition to federal regulations, provincial and territorial approvals are also required. As such, each province and territory have their own regulators which the best oil and gas lawyers must be aware of. In Alberta, laws such as the Environmental Protection and Enhancement Act, the Public Lands Act, the Oil Sands Conservation Act, and Oil & Gas Conservation Act may apply to the oil and gas industry.

 

What is the oil and gas law in Canada?

The federal law regulation the oil and gas industry in Canada is the Canadian Energy Regulator Act (CER Act) which establishes the Canadian Energy Regulator (CER). Overall, the CER is the agency tasked with the licensing, regulation, and enforcement of laws regarding interprovincial and international matters of the oil and gas industry.

 

It effectively replaced the previous National Energy Board after the passage of Bill C-69 (The Modernization of the National Energy Board and Canadian Environmental Assessment Agency) in June 2019. However, regulations imposed or released by the National Energy Board are still binding and are still in force.

 

The CER has promulgated numerous regulations which generally governs pipelines, processing plants, authorizations and obligations of permit and certificate holders, import and export, and penalties for its violations.

 

What is the Canada Oil and Gas Operations Act?

Specifically applicable to the marine areas under the management of the federal government, the Canada Oil and Gas Operations Act is the federal law governing the upstream, midstream, and downstream of oil and gas resources found in said marine areas, which includes the licensing and authorization for these projects.

 

These marine areas referred to are the territorial seas and continental shelf belonging to the federal government Canada, with the exclusion of those belonging to the provinces or territories. The Act aims in promoting safety across oil and gas operations, including the mitigation of negative environmental impacts it may produce, and the conservation of these non-renewable resources.

 

Interested in finding the best oil and gas lawyers and their roles in the energy industry of Canada? Head down below and see the list of the best Lexpert Ranked oil and gas lawyers.

Samuel W.C. Adkins
Samuel W.C. Adkins
Year called to bar: 2006
Vancouver, British Columbia
Blake, Cassels & Graydon LLP
George Antonopoulos
George Antonopoulos
Year called to bar: 2006
Calgary, Alberta
Dentons Canada LLP
Marcus W. Archer
Marcus W. Archer
Year called to bar: 1999
Calgary, Alberta
Norton Rose Fulbright Canada LLP
Sean R. Assié
Sean R. Assié
Year called to bar: 2010
Calgary, Alberta
Bennett Jones LLP
Simon C. Baines
Simon C. Baines
Year called to bar: 2004
Calgary, Alberta
Osler, Hoskin & Harcourt LLP
Vivek Bakshi
Vivek Bakshi
Year called to bar: 2009
Toronto, Ontario
Dentons Canada LLP
Keith B. Bergner
Keith B. Bergner
Year called to bar: 1997
Vancouver, British Columbia
Lawson Lundell LLP
Brian J. Bidyk
Brian J. Bidyk
Year called to bar: 2002
Calgary, Alberta
McCarthy Tétrault LLP
Emma Blanchard
Emma Blanchard
Year called to bar: 2007
Ottawa, Ontario
Borden Ladner Gervais LLP (BLG)
Randall W. Block
Randall W. Block
Year called to bar: 1985
Calgary, Alberta
Borden Ladner Gervais LLP (BLG)
Pierre Boivin
Pierre Boivin
Year called to bar: 1981
Québec City, Québec
McCarthy Tétrault LLP
Richard P. Borden
Richard P. Borden
Year called to bar: 1984
Calgary, Alberta
Norton Rose Fulbright Canada LLP
Peter A. Bryan
Peter A. Bryan
Year called to bar: 1998
Calgary, Alberta
Borden Ladner Gervais LLP (BLG)
Janice Buckingham
Janice Buckingham
Year called to bar: 1996
Calgary, Alberta
Osler, Hoskin & Harcourt LLP
David W. Bursey
David W. Bursey
Year called to bar: 1984
Vancouver, British Columbia
Bennett Jones LLP
Courtney Burton
Courtney Burton
Year called to bar: 2010
Calgary, Alberta
Dentons Canada LLP
Keith R. Byblow
Keith R. Byblow
Year called to bar: 2005
Calgary, Alberta
Blake, Cassels & Graydon LLP
Amy J. Carruthers
Amy J. Carruthers
Year called to bar: 2000
Vancouver, British Columbia
Fasken Martineau DuMoulin LLP
Emily Chan
Emily Chan
Year called to bar: 2012
Vancouver, British Columbia
Norton Rose Fulbright Canada LLP
Chris Christopher
Chris Christopher
Year called to bar: 1998
Calgary, Alberta
Torys LLP
Anthony J. (Tony) Crossman
Anthony J. (Tony) Crossman
Year called to bar: 1996
Vancouver, British Columbia
Blake, Cassels & Graydon LLP
Radha D. Curpen
Radha D. Curpen
Year called to bar: 1986
Vancouver, British Columbia
Bennett Jones LLP
John R. Cusano
John R. Cusano
Year called to bar: 2001
Calgary, Alberta
Dentons Canada LLP
Luigi A. (Lou) Cusano
Luigi A. (Lou) Cusano
Year called to bar: 1987
Calgary, Alberta
Torys LLP
David V. Cuschieri
David V. Cuschieri
Year called to bar: 2005
Calgary, Alberta
Torys LLP
Donald G. Davies
Donald G. Davies
Year called to bar: 1979
Calgary, Alberta
Norton Rose Fulbright Canada LLP
Shawn H.T. Denstedt
Shawn H.T. Denstedt
Year called to bar: 1989
Calgary, Alberta
Osler, Hoskin & Harcourt LLP
Anne Drost
Anne Drost
Year called to bar: 1994
Montréal, Québec
Blake, Cassels & Graydon LLP
Sander Duncanson
Sander Duncanson
Year called to bar: 2011
Calgary, Alberta
Osler, Hoskin & Harcourt LLP
Robert J. Engbloom
Robert J. Engbloom
Year called to bar: 1976
Calgary, Alberta
Norton Rose Fulbright Canada LLP
G. Frederick Erickson
G. Frederick Erickson
Year called to bar: 1988
Calgary, Alberta
Stikeman Elliott LLP
Laura K. Estep
Laura K. Estep
Year called to bar: 2004
Calgary, Alberta
Dentons Canada LLP
Ron Ezekiel
Ron Ezekiel
Year called to bar: 1995
Vancouver, British Columbia
Fasken Martineau DuMoulin LLP
Wayne W. Fedun
Wayne W. Fedun
Year called to bar: 1992
Calgary, Alberta
Norton Rose Fulbright Canada LLP
Derek S. Flaman
Derek S. Flaman
Year called to bar: 1996
Calgary, Alberta
Torys LLP
Robert J. Froehlich
Robert J. Froehlich
Year called to bar: 2007
Calgary, Alberta
Norton Rose Fulbright Canada LLP
Matthew Ghikas
Matthew Ghikas
Year called to bar: 1999
Vancouver, British Columbia
Fasken Martineau DuMoulin LLP
Brock W. Gibson
Brock W. Gibson
Year called to bar: 1983
Calgary, Alberta
Blake, Cassels & Graydon LLP
Bradley S. Gilmour
Bradley S. Gilmour
Year called to bar: 1996
Calgary, Alberta
Bennett Jones LLP
Alyson F. Goldman
Alyson F. Goldman
Year called to bar: 1997
Calgary, Alberta
McCarthy Tétrault LLP
Pierre Grenier
Pierre Grenier
Year called to bar: 1989
Montréal, Québec
Dentons Canada LLP
Mungo Hardwicke-Brown
Mungo Hardwicke-Brown
Year called to bar: 1989
Calgary, Alberta
Blake, Cassels & Graydon LLP
Christopher R. Harris
Christopher R. Harris
Year called to bar: 2008
Calgary, Alberta
Blake, Cassels & Graydon LLP
Alan S. Harvie
Alan S. Harvie
Year called to bar: 1989
Calgary, Alberta
Norton Rose Fulbright Canada LLP
Charlene Hiller
Charlene Hiller
Year called to bar: 2004
Vancouver, British Columbia
Bennett Jones LLP
Kimberly J. Howard
Kimberly J. Howard
Year called to bar: 2008
Calgary, Alberta
McCarthy Tétrault LLP
Brenden Hunter
Brenden Hunter
Year called to bar: 2007
Calgary, Alberta
Fasken Martineau DuMoulin LLP
Michael A. Hurst
Michael A. Hurst
Year called to bar: 1976
Calgary, Alberta
Dentons Canada LLP
Martin Ignasiak
Martin Ignasiak
Year called to bar: 1999
Calgary, Alberta
Bennett Jones LLP
William K. Jenkins
William K. Jenkins
Year called to bar: 1983
Calgary, Alberta
Dentons Canada LLP
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