Service

Climate Change, Carbon Markets and Environmental Finance

Our clients benefit from the hands-on experience our team has in the energy market.
A crack in ice of a glacier carved out by running water

Governments and industry are mobilizing to reduce greenhouse gas emissions, and these efforts present both risks and opportunities for businesses.

Rapidly developing federal and provincial regulatory regimes, together with corporate and voluntary sustainability initiatives create legal risks and potential early mover advantages, and Osler’s expertise has allowed its clients to navigate the growing complexity of financial and regulatory instruments and measures supporting Canada’s transition to a low carbon economy

Our Climate Change and Carbon Finance practice draws on deep, firm-wide expertise in regulatory and environmental issues, commercial transactions, securities, commodities and derivatives trading, infrastructure and project finance, tax and constitutional law to provide the strategic advice our clients need. Our clients benefit from the hands-on experience that our team has in emissions trading and renewable energy credit trading markets, such as those in respect of: Canada’s Federal Output Based Pricing System (OBPS); Alberta’s Technology, Innovation and Emission Reduction (TIER) program; the Western Climate Initiative (WCI); Canada’s Clean Fuel Regulations (CFR) compliance credit markets; the European Emissions Trading System (ETS) and various state and regional Renewable Energy Portfolio Standards (RPS) and voluntary renewable energy and renewable thermal credit markets in the U.S. and Canada.

We advise and represent businesses and organizations working in numerous industries in the areas of regulatory compliance and carbon credit transactions. Through firsthand experience working in compliance and voluntary markets for environmental commodities in Canada and internationally, we also provide counsel concerning risks and opportunities in relation to derivatives trading regulation, consumer protection, taxation and international trade issues associated with sophisticated transactions and investment opportunities in these markets and products.

Expertise

Our expertise in carbon finance is comprehensive and includes the following areas:

  • climate change and emissions regulatory compliance
  • commercial transactions for renewable-energy and thermal credits (or certificates) and emissions-trading markets, carbon offsets, allowances and CFR compliance credits, carbon capture credits and voluntary emission reductions
  • regulatory and environmental assessment approval process
  • litigation related to climate change impacts
  • clean tech
  • power purchase agreements for both emitting and non-emitting technologies
  • taxation for commodity and credit transactions
  • disclosure obligations for required annual disclosure and securities filings

Key Contacts

Sander Duncanson

Partner, Regulatory, Indigenous and Environmental, Calgary

Richard J. King

Partner, Regulatory, Indigenous and Environmental, Toronto

Jacob A. Sadikman

Partner, Commercial, Toronto