Sander Duncanson

Partner, Regulatory, Indigenous and Environmental
Co-Chair: Regulatory, Indigenous and Environmental

Calgary

(403) 260-7078 

[email protected]

Bar Admission: Alberta, 2011 | British Columbia, 2014 |

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Areas of Expertise

Sander is Co-Chair of Osler’s national Regulatory, Indigenous and Environmental practice, specializing in obtaining regulatory approvals for infrastructure and natural resource projects, as well as representing regulated utilities in disputes regarding tolls and tariffs.

He has experience with matters before the Canada Energy Regulator (formerly the National Energy Board), the Alberta Energy Regulator (and its predecessor the Energy Resources Conservation Board), the Ontario Energy Board, the British Columbia Environmental Assessment Office, the Alberta Utilities Commission, the Northwest Territories Office of the Regulator of Oil and Gas Operations and federal -provincial Environmental Assessment Joint Review Panels. Sander also has experience with regulatory, environmental and Indigenous matters before all levels of courts in Alberta.

The subject matter of Sander’s recent regulatory work includes oil and natural gas pipelines, oil sands (both mining and in situ), LNG export, hydrogen, offshore drilling, hydro-electric generation, mining (including coal, metal, potash, gravel and diamonds), natural gas processing, electricity transmission and contaminated lands. He also regularly advises clients on their obligations to Indigenous groups and negotiates impact benefit agreements with Indigenous groups on behalf of resource developers.

Sander regularly lectures at the University of Calgary’s Faculty of Law on subjects such as administrative law, environmental law, environmental impact assessments and species at risk. He was also named Lawyer of the Year for Energy Regulatory Law for 2023 by Best Lawyers.

Areas of Expertise

Representative Work

  • Trans Mountain Corporation and Kinder Morgan Canada with regard to regulatory and tolling approvals, Indigenous matters and related litigation for the Trans Mountain Expansion Project, which will transport 890,000 bbl/d of petroleum products from Edmonton, Alberta to the west coast of Canada. This work has included dozens of hearings before the Canada Energy Regulator, including the Certificate of Public Convenience and Necessity hearing (OH-001-2014), the reconsideration hearing (MH-052-2018), variance applications, detailed route hearings, constitutional challenges and tolls hearings (RH-001-2012 and RH-002-2023).
  • TC Energy with regard to various regulatory applications for its NOVA Gas Transmission Ltd. and Mainline natural gas pipeline systems, including facilities applications for hundreds of kilometers of pipeline extensions and expansions in British Columbia, Alberta and Ontario (including the 2021 NGTL System Expansion, Edson Mainline, North Corridor Expansion, North Montney Mainline, Towerbirch Expansion, 2017 NGTL System Expansion, Vaughan Mainline and King’s North Connection projects), contested tolling applications (including the 2019 NGTL Rate Design and Services Application, Dawn Long Term Fixed Price and 2018-2020 Mainline Tolls applications) and the Peace River Mainline Abandonment application, which was the first large-scale pipeline abandonment application in the history of the National Energy Board. Each of these applications involved public hearings before the National Energy Board or Canada Energy Regulator
  • TC Energy with regard to its proposed 650-kilometre Coastal GasLink natural gas pipeline from the Groundbirch area of British Columbia to Kitmat on the west coast, including an environmental assessment before the BC Environmental Assessment Office and a jurisdictional inquiry before the National Energy Board
  • TransAlta Corporation in its acquisition of 50% interest in an early-stage pumped hydro energy storage development project
  • Canada Infrastructure Bank in its $407.5 million loan to create additional irrigable acres in Alberta
  • Drax Group in the acquisition of Princeton Standard Pellet Corporation’s pellet plant
  • Prosper Petroleum Limited in its approved Rigel Oil Sands Project
  • Veresen Inc. in the sale of its power generation business for $1.18 billion
  • Syndicate of underwriters co-led by Scotia Capital Inc. CIBC World Markets Inc., RBC Dominion Securities Inc. and TD Securities Inc. in the $300 million public offering of preferred shares of Kinder Morgan Canada Limited
  • Syndicate of underwriters co-led by TD Securities Inc. and RBC Dominion Securities Inc. in the $1.75 billion initial public offering of Kinder Morgan Canada Limited
  • VCD Aggregates Inc. with regard to a gravel pit in Central Alberta and associated litigation
  • A confidential client on the regulatory reforms proposed in Bill C-69, including drafting proposed amendments to the legislation
  • Inter Pipeline Ltd. in its participation in the Enbridge tolling application before the Canada Energy Regulator regarding the tolls and tariffs applicable to the Enbridge Canadian Mainline pipeline system
  • Syndicate of underwriters co-led by Scotia Capital Inc. CIBC World Markets Inc., RBC Dominion Securities Inc. and TD Securities Inc. in the $300 million public offering of preferred shares of Kinder Morgan Canada Limited
  • Syndicate of underwriters co-led by TD Securities Inc. and RBC Dominion Securities Inc. in the $1.75 billion initial public offering of Kinder Morgan Canada Limited
  • Teck Resources Limited with regard to its $14.5 billion Frontier oil sands project north of Fort McMurray, Alberta, including a public hearing before the Alberta Energy Regulator for its 2012/2013 winter oil sands exploration program
  • Parkland Fuel Corporation with regard to its participation in the Ontario Energy Board’s Generic Proceeding on Community Expansion, which involved a public hearing before the Ontario Energy Board
  • Inter Pipeline Ltd. with regard to a regulatory appeal of an Alberta Energy Regulator decision to deny approvals for a pipeline watercourse crossing mitigation project
  • PetroChina Canada (formerly Brion Energy Corporation) with regard to its 250,000 bbl/d Dover Commercial Project, a proposed steam-assisted gravity drainage oil sands project north of Fort McMurray, Alberta. This project included a public hearing before the Alberta Energy Regulator
  • Shell Canada Limited with regard to its 100,000 bbl/d expansion of the Jackpine oil sands mine near Fort McMurray, Alberta, including a public hearing before a Joint Federal-Provincial Review Panel
  • Chevron Canada Limited with their submissions and participation in the Canada Energy Regulator’s (formerly the National Energy Board) Arctic Offshore Drilling Review to determine future filing requirements to drill in the Canadian Arctic offshore
  • KM LNG Operating General Partnership and Apache Canada Ltd. in an application to the National Energy Board (now Canada Energy Regulator) for approval to export LNG from British Columbia to the Asia Pacific region, which included a public hearing before the National Energy Board
  • Nalcor Energy with regard to its 3,074 MW Lower Churchill Hydroelectric Project and 1,100 kilometre Labrador-Island Transmission Link in Newfoundland and Labrador, including 45 days of public hearings before a Joint Federal-Provincial Review Panel
  • Hydro One Networks Inc. in an application to the Ontario Energy Board for approvals to grant expropriation authorization to Ontario’s largest electric transmission company in order to allow construction and development of an approximately 300 km 500 kV transmission line
  • Alderon Iron Ore Corp. with regard to its Kami iron ore mine near Labrador City in Western Labrador, including provincial and federal environmental assessments

Awards and Recognition

  • Recognized in Aboriginal Law; Energy: Oil & Gas (Regulatory)

    —Chambers Canada

  • Recognized in Aboriginal Law; Energy: Oil & Gas (Regulatory)

    —Chambers Global

  • Recognized in Energy (Oil & Gas); Aboriginal Law; Environmental Law

    —The Canadian Legal Lexpert Directory

  • Recognized in Energy Law; Energy Regulatory Law (2024); “Lawyer of the Year”, Energy Regulatory Law (2023)

    —Best Lawyers in Canada

  • Recognized as leading lawyer for Energy

    —Lexpert

  • Recognized as a leading author for Infrastructure  – Canada

    —Lexology

  • Recognized in Canada – Energy; Canada – Environment

    —Who's Who Legal

  • Recognized as a Next Generation Partner in Environment

    —Legal 500

Media Mentions

  • Media Mentions Nov 28, 2024

    ‘Black cloud’: Alberta’s latest fight with Ottawa could drive oilpatch investment away — CBC News

    A jurisdictional fight between Alberta and the federal government over requirements to limit greenhouse gasses may cause more confusion and...

    Read more
  • Media Mentions Nov 22, 2024

    The challenge with Canada’s proposed oil and gas emissions cap – ARC Energy Ideas podcast

    The primary objective of the proposed policy is to require producers in the sector to reduce emissions by 35% below 2019 levels by 2030.

    Read more
    The challenge with Canada’s proposed oil and gas emissions cap – ARC Energy Ideas podcast
  • Osler News Oct 23, 2023

    Nine Osler lawyers recognized in Lexpert Special Edition: Mining 2023

    Congratulations to nine Osler lawyers recognized in the Lexpert Special Edition: Mining 2023, highlighting leading lawyers in the sector.

    Read more
  • Media Mentions Oct 13, 2023

    Two conversations: Ottawa’s Impact Assessment Act (Formerly Bill C-69) and The Pembina Institute – ARC Energy Ideas Podcast

    Sander Duncanson, Co-Chair of Osler’s Regulatory, Indigenous and Environmental practice appeared on the ARC Energy Ideas Podcast for a conversation...

    Read more
View all

Community Involvement

  • Sander participated in GenYYC, a leadership development program through a collaborative partnership between the Calgary Chamber and the Calgary Foundation.  GenYYC is a program designed to build leaders with the skills to create innovative, out of the box solutions that impact how we all live, work and play in Calgary.

Credentials

Education

  • University of Calgary, LL.B. (Distinction)
  • Queen’s University, B.A. (Hons.)

Languages

  • English

Professional Affiliations

  • Canadian Bar Association (former Chair, Environmental Law Section, Alberta South)
  • Calgary Bar Association
  • Law Society of Alberta
  • Law Society of British Columbia

Osler is a leading business law firm practising internationally from offices across Canada and in New York. Our clients include industry and business leaders in all segments of the market and at various stages in the growth of their businesses. We have built our reputation on our commitment to our clients' success and the experience, expertise and collaborative approach for which we are recognized. We believe that our success is a reflection of our clients' success.