Navigating Canada’s evolving energy project approvals environment

As governments move to accelerate approvals for major energy and infrastructure projects, legal counsel are playing an increasingly important role in helping proponents navigate regulatory requirements, Indigenous engagement and project development while reducing risk.

In an interview with DOB Energy, partner Jeremy Barretto discussed how Canada’s approach to major project development is evolving, with governments advancing projects earlier in the process.

“Proponents can’t simply stand around, apply and wait for an approval,” Jeremy said.

“They need to be engaging from Day 1 with both governments and Indigenous communities to understand processes and understand things that might be tailored to that specific process. This is what we’ve built up at Torys, both through our homegrown talent that’s been here since the beginning and through strategic additions over time.”

Increasingly complex energy projects and ongoing regulatory uncertainty are driving demand for strategic legal advice, Jeremy explained, with greater regulatory certainty needed to unlock investment in Canada.

“That’s why we think clients need lawyers who understand all aspects of these projects, from the corporate to the real estate to regulatory to Indigenous, so that the strategy can consider all of those aspects,” Jeremy added.

Recent changes in federal priorities and policies have signaled stronger support for advancing major projects in Canada. The focus now is on turning that momentum into project development and execution.

“From the company and investor perspective, we have to really prove that regulatory uncertainty won’t stand in the way of project development, that these projects can not only be announced but also built,” he said.

“As a firm with deep roots in Alberta, we’re cautiously optimistic.”

Read: Government of Canada makes significant changes to energy project approvals process

Managing partner of the Torys’ Calgary office Scott Cochlan told DOB Energy in the same interview that “Torys scales its practice, maintaining close dialogue with clients and closely monitoring market conditions.”

This allows the firm to anticipate evolving legal needs and grow alongside its clients rather than reacting after demand has already increased.

“How you do it is through selective hiring and selective recruitment if you need to go into the market, if you feel that you need to expand certain capabilities,” Scott added.

You can read more about our Infrastructure, Energy and Resources work on our practice page.

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