Sander is Co-Chair of Osler's Regulatory, Indigenous and Environmental practice. He specializes in environmental, regulatory and Indigenous law issues for natural resource developers.
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
- TransAlta Corporation
TransAlta Corporation in its acquisition of 50% interest in an early-stage pumped hydro energy storage development project
- Drax Group
Drax Group in the acquisition of Princeton Standard Pellet Corporation’s pellet plant
- Canada Infrastructure Bank
Canada Infrastructure Bank in its $407.5 million loan to create additional irrigable acres in Alberta
- Prosper Petroleum Limited
Prosper Petroleum Limited in its approved Rigel Oil Sands Project
- TC Energy
TC Energy in its approved North Montney Mainline Project
- TC Energy
TC Energy in its application of the Dawn Long Term Fixed Price service
- Veresen Inc.
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.
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.
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
- 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
- Trans Mountain Corporation and Kinder Morgan Canada with regard to regulatory and tolling approvals 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
- 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
- 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
TransAlta Corporation in its acquisition of 50% interest in an early-stage pumped hydro energy storage development project
Drax Group in the acquisition of Princeton Standard Pellet Corporation’s pellet plant
Canada Infrastructure Bank in its $407.5 million loan to create additional irrigable acres in Alberta
Prosper Petroleum Limited in its approved Rigel Oil Sands Project
TC Energy in its approved North Montney Mainline Project
- TC Energy
TC Energy in its application of the Dawn Long Term Fixed Price service
- Veresen Inc.
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.
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.
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
- 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
- Trans Mountain Corporation and Kinder Morgan Canada with regard to regulatory and tolling approvals 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
- 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
- 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
Latest Insights
-
Osler Update May 2, 2024
Amendments to Impact Assessment Act released – triage or major surgery?
The Canadian federal government has released draft amendments to the Impact Assessment Act responding to the October 2023 constitutional reference.
Read more -
Osler Update Apr 30, 2024
B.C. recognizes Haida Nation’s title to Haida Gwaii — what the historic agreement makes clear, and questions remaining
A recent agreement between B.C. and the Council of the Haida Nation is one of very few instances in which Aboriginal title has been formally recognize...
Read more -
Osler Update Jan 24, 2024
Nunavut to take control of Crown land within territory following devolution agreement with Canada
Last week, the federal government agreed to transfer control of Crown lands in Nunavut to the territory by April 2027. We look at the history of devol...
Read more -
Osler Update Dec 11, 2023
Energy transition ushers in compensation claims for shifting land use plans
Energy transition has led to an inevitable shift in government land use plans.
Read more
Awards and Recognition
-
Chambers Canada: Canada's Leading Lawyers for Business: Recognized in Aboriginal Law; Energy: Oil & Gas (Regulatory)
-
Chambers Global: The World’s Leading Lawyers for Business: Recognized in Aboriginal Law; Energy: Oil & Gas (Regulatory)
-
The Canadian Legal Lexpert Directory: Recognized in Energy (Oil & Gas); Aboriginal Law; Environmental Law
-
Best Lawyers in Canada: Recognized in Energy Law; Energy Regulatory Law; "Lawyer of the Year", Energy Regulatory Law (2023)
-
Lexology: Recognised as a leading author for Infrastructure – Canada
-
Who's Who Legal: Recognized in Canada – Energy; Canada – Environment
-
Legal 500: Recognized as a Next Generation Partner in Environment
Media Mentions
-
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 ab...
Read more -
Osler News Sep 25, 2023
22 Osler lawyers recognized in Lexpert Special Edition: Energy 2023
Osler is proud to announce that 22 of our lawyers are featured in the Lexpert Special Edition: Energy 2023, recognizing leading lawyers in the oil and...
Read more -
Media Mentions Jul 6, 2023
Clean Fuel Regulations take broad, open-minded approach, but need consistent administration – Canadian Lawyer
Compared to other jurisdictions, Sander Duncanson tells Canadian Lawyer that Canada’s Clean Fuel Regulations, which came into effect on July 1, 2023, ...
Read more
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.
Speaking and Writing
Speaking Engagements
- Canadian Institute 12th National Symposium: Cumulative Effects Assessment and Environmental Management
Speaker, The Impact of Recent Disputes and Legislation: Lessons Learned and Implications for Future Resource Development in Canada, April 9-10, 2024 - Administrative Law in Practice, University of Calgary School of Law
Co-Presenter, (Guest Lecture), April 2020 - Canadian Bar Association presentation “Key Issues in Environmental Law from a Proponent’s Perspective”, University of Calgary School of Law
Speaker, (Guest Lecture), March 2020 - Canadian Bar Association presentation “Regulatory and Litigation year in review for Energy and Environmental lawyer”
Speaker, January 13, 2020 - Canadian Bar Association presentation “Resilience and High Ground: How Trans Mountain is Successfully Executing the Most Contentious Energy Project in Canadian History”
Co-Presenter, September 18, 2019 - Natural Gas World Conference
Speaker, Broad Cross-Section of Natural Gas Industry regarding Bill C-69, April 23, 2019
Published Work
Presentations
- Environmental Impact Assessment Law from the Proponent’s Perspective, University of Calgary Law School, February 2018 (Guest Lecture).
- Species at Risk Law from the Proponent’s Perspective, University of Calgary Law School, March 2017 (Guest Lecture).
- Best Practices for Managing Interjurisdictional Issues, presented at The Canadian Institute’s Environmental Law & Regulation in Alberta Conference, Calgary, Alberta, June 22, 2016.
- Environmental Impact Assessment Law from the Project Proponent’s Perspective, University of Calgary Law School, February 2016 (Guest Lecture).
- Provincial and Municipal Jurisdiction over Federal Pipelines, presented at the Canadian Institute’s Environmental Law & Regulation in Alberta Conference, Calgary, Alberta, June 3, 2015.
- Aboriginal Law Overview, Practical Applications & Hot Topics, co-presented with Michelle Forrieter (Cenovus), Canadian Energy Law Foundation Fundamentals Conference, Banff, Alberta, March 5, 2015.
- Prospects for LNG in Canada: Environmental Regulation, Royalty Schemes, and Broader Environmental Goals, debate with Matt Horne of the Pembina Institute, Canadian Association of Environmental Law Societies Conference, Calgary, Alberta, February 13, 2015.
- AER Update: Understanding Regulatory Appeals, presented to the Canadian Bar Association, November 13, 2014.
- Regulatory and Aboriginal Issues Facing the Pipeline Industry, presented to the Canadian Bar Association, June 5, 2014.
- Transportation and Environmental Regulatory Considerations for LNG Projects, presented at the Association of International Petroleum Negotiators, Canada LNG Seminar, Calgary, Alberta, September 10, 2013.
- Regulatory Requirements and Considerations for Coal Projects in Western Canada, presented at Coaltrans West Coast Conference, Las Vegas, USA, June 14, 2013.
- Understanding Changes to the Fisheries Act, the Species at Risk Act and the Navigable Waters Protection Act, presented at the Canadian Institute’s Environmental Law & Regulation in Alberta Conference, The Canadian Institute, Calgary, Alberta, June 6, 2013.
- CEAA 2012: Specific Issues for Industry, presented at the Canadian Bar Association, Calgary, Alberta, March 4, 2013.
- The New Dawn: Commercial and Regulatory Considerations Affecting LNG Export from BC, co-presented with Janice Buckingham, David Holub (Apache) and Laura Letourneau (Apache), Canadian Energy Law Foundation conference, Jasper, Alberta, June 14, 2012.
- Coalbed Methane and Produced Water in Alberta, presented at the Canadian Bar Association’s National Environmental, Energy and Resources Law Summit, Banff, Alberta, April 7, 2011.
- Energy and economy in transition: the challenges and opportunities on the way to a low carbon future, Lexpert, August 26, 2021.
- Preliminary Strategies for Managing Aboriginal Risks, iComply for Mining in Canada, September 2012.
- Managing Produced Water from Coalbed Methane Operations: A Critical Examination of Alberta’s Regulatory Framework, Eco-bulletin, August 2010.
Publications
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