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David J. Macaulay

Partner

Co-Head of Power and Renewable Energy Practices

Co-Head of Power and Renewable Energy Practices | Email

T: 403.298.3479

Email

Calgary

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David Macaulay
 
  • Recent Experience
  • Recent Recognition
  • Insights, News & Events
  • Related Services

T: 403.298.3479


Email

Calgary

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  • Education
  • Bar Admissions
  • Recent Experience
  • Recent Recognition
  • Insights, News & Events
  • Related Services
  • Recent Experience
  • Recent Recognition
  • Insights, News & Events
  • Related Services
David Macaulay is co-head of the firm's power and renewable energy practice group and a leading energy lawyer in Canada. He represents clients both domestically and internationally in energy infrastructure projects including projects paving the way in energy transformation. 

Clients benefit from his expertise in leading complex commercial transaction (including project development and M&A), particularly in the following areas:

• power projects (solar, biomass, natural gas, hydro, wind, battery and other fuels);
• pipelines and natural gas and liquids storage caverns development;
• conventional oil and gas projects;
• RNG and other clean fuels including hydrogen; and
• JV and co-ownership structures with Indigenous groups.

In addition to this project experience, David's lead counsel roles in Canadian mega-infrastructure projects (including Canadian frontier energy projects such as the Mackenzie Valley Pipeline and the Terra Nova and Sable Island offshore projects), together with his international M&A and project development work (United Kingdom, Australia, Mexico and South America) positions him with leading expertise to assist clients in large-scale complex energy projects.

David is recommended as a leading energy lawyer by various legal directories including Chambers Global, Chambers Canada, The Legal 500 and The Canadian Legal Lexpert Directory. He volunteers his time in his Calgary community through his continued work and affiliation with the Scholars Academy Mentorship Program at the University of Calgary and the Repsol Sport Centre where he served as past chairman of the board and a long-term board member.

Education

University of Alberta, BComm, 1984 University of Toronto, JD, 1988 

Bar Admissions

Alberta, 1989

Recent Experience

Power
Pipelines
Oil & Gas & Storage
Mining & Related Services
Aboriginal Joint Ventures
Canadian Utilities Limited, an ATCO company, in the sale of its entire Canadian fossil fuel-based electricity generation portfolio for approximately $835 million, which was completed in three stages, through the sale of its interest in the Cory project in Saskatchewan to SaskPower International Inc., a sale of its interest in the Brighton Beach project in Ontario to Ontario Power Generation Inc., and a sale of the balance of the applicable generation assets through a sale of its equity interest in ATCO Power Canada Ltd. to Heartland Generation Ltd., an affiliate of Energy Capital Partners.  
ATCO Electric Yukon, an electric utility company operating in the Yukon, in respect of the 25-year Electricity Purchase Agreement with the Vuntut Gwichin First Nation for the acquisition of renewable electricity from the first nation's solar energy project in the community of Old Crow under the Yukon Government's Independent Power Production Policy.
ATCO Electric Yukon and Yukon Electric Corporation, each an electric utility company operating in the Yukon, in respect of the development of the Standing Offer Program Rules and related long term Electricity Purchase Agreement for the acquisition of renewable electricity from proponents under the Yukon Government's Independent Power Production Policy.
ATCO Power (416 MW cogeneration power project at the Nova Chemicals petro-chemical site at Joffre, Alberta), with the negotiation and structuring of commercial agreements including electricity and steam supply agreement, ownership agreements, site host and services agreements.
ATCO Power (1000 MW gas fired Thames Power Project in London, England), with various commercial matters.
Alberta Power (2000) Ltd. (670 MW coal fired Battle River generating station near Forestburg, Alberta), with its power purchase and coal supply arrangements.
Alberta Power (2000) Ltd. (760 MW coal fired Sheerness generating station near Hanna, Alberta), with its power purchase and coal supply arrangements.
Alberta Power (2000) Ltd., with the acquisition by ENMAX Corporation of the Battle River power purchase arrangement from EPCOR Utilities Inc.
Alberta Power (2000) Ltd., with the acquisition by TransCanada Energy Ltd. of the 760 MW Sheerness power purchase arrangement from the Alberta Balancing Pool.
Drayton Valley Power Income Fund, with its various generation facilities including the Dickson Dam hydro facility and its waste to power facilities at Westlock, and Drayton Valley, Alberta utilizing wood waste and peat.
Drayton Valley Power Income Fund, with its $63 million acquisition by Algonquin Power.
A client, with a potential 800 MW coal fired generating station in South America.
ATCO, with the development of a 120 MW gas fired generating station in Karratha, Western Australia including the negotiation of commercial agreements including a power purchase agreement, equipment supply arrangements and site agreements.
Mackenzie Valley Aboriginal Pipeline Group, regarding the multi-billion dollar Mackenzie Valley Pipeline Project, in connection with the negotiation and structuring of commercial agreements including ownership agreements among various aboriginal groups and various development, operating, shipping and financing agreements with Imperial Oil, ExxonMobil, ConocoPhillips, Shell and TransCanada Pipelines.
Access Pipeline Inc., with a $400-million joint venture between MEG Energy Corporation and Devon ARL Canada Corporation.
ATCO Energy Solutions Ltd., in its joint venture development with Petrogas Energy Corp. for the Strathcona Storage Facility, a liquids storage cavern business, near Fort Saskatchewan, Alberta, including associated long-term propane, butane and ethylene storage services agreements, interconnection pipelines and associated transportation rights, product loading and transfer services.
ATCO Ltd., acquires Western Australia Gas Networks (WAGN) in Perth, Australia, for $1 billion. WAGN is a natural gas distribution utility that serves more than 620,000 customers through 12,800 km of natural gas pipelines and associated infrastructure in the Perth metropolitan area including Mandurah, as well as the surrounding regions of Geraldton, Bunbury, Busselton, Kalgoorlie, Albany, Harvey, Pinjarra, Brunswick Junction and Capel.
Mosbacher Operating Ltd., with negotiation and structuring of commercial agreements relating to the multi-billion dollar Sable Offshore Energy Project.
Mosbacher Operating Ltd., with negotiation and structuring of commercial agreements respecting the multi-billion dollar Terra Nova Project including ownership, operating, development, transportation and royalty matters.
ATCO Gas, with its $550-million sale of Viking assets to Burlington.
Inuvialuit Land Corporation and Inuvialuit Regional Corporation, in structuring, drafting and negotiating concession agreements regarding the Inuvik and Tuktoyaktuk blocks in the Mackenzie Delta.
Inuvialuit Petroleum Corporation, with the Inuvik Gas Project with AltaGas and Enbridge including negotiation of joint operating, gathering, processing, and transportation agreements, CO&O agreements and gas sales contracts.
Pengrowth Energy Trust, with its acquisition of Imperial Oil's interests in the Judy Creek/Swan Hills area.
Inuvialuit Petroleum Corporation, with its acquisition and divestiture of oil and gas assets in Western Canada.
RTL Enterprises, with its diesel storage facility in the Northwest Territories including the negotiation of long-term storage agreements with various mining companies.
ATCO Midstream, with negotiation and structuring of storage services agreements respecting its Carbon Gas Storage Facility.
Montem Resources Alberta Operations Ltd. in the structuring of a joint venture with TransAlta Corporation for the development of the Tent Mountain Renewable Energy Project, being a 320 MW pumped hydro energy storage project, located in southwest Alberta.
ATCO Power, with its long-term coal supply agreements with Prairie Mines (formerly Luscar and Manalta) for the Battle River and Sheerness coal fired generating stations.
Shore Gold Inc., with the acquisition by Kensington Resources Ltd., a wholly-owned subsidiary of Shore Gold, of the entire participating interest in the Fort á la Corne Joint Venture (FALC JV) of each of Cameco Corporation, UEM Inc. and De Beers ($245 million).
Shore Gold Inc., with the sale by Kensington Resources Ltd., a wholly-owned subsidiary of Shore Gold, of a 40-percent participating interest in the Fort á la Corne Joint Venture (FALC JV) to Newmont Mining Corporation of Canada Limited for $170.4 million.
Idemitsu Uranium Exploration Canada Ltd., with various commercial matters regarding the Cigar Lake Uranium Mine project.
ATCO Structures & Logistics Ltd., with the sale of its 50-percent interest in TecnoFast, being its South American joint venture modular housing operations, to its co-venturer, TecnoFast S.A., for $124 million. The business of TecnoFast involved space rental and workforce housing fleet assets as well as manufacturing facilities and offices in Chile, Peru, Colombia, Argentina and Brazil.
Mackenzie Valley Aboriginal Pipeline Group, regarding the multi-billion dollar Mackenzie Valley Pipeline Project, in connection with the negotiation and structuring of agreements addressing the unique commercial and financial elements of this aboriginal joint venture project.
ATCO, with its joint venture with Fort McKay First Nation regarding the development of long term work camp accommodation projects in northern Alberta.
ATCO, with numerous joint ventures with aboriginal groups in BC, Alberta, the Northwest Territories and Nunavut.
Cranes, Inc., operating as NCSG Crane & Heavy Haul Corporation, with its joint ventures with various Indigenous groups in British Columbia, Alberta, Saskatchewan, Manitoba and the Northwest Territories providing crane, lifting and heavy haul services in support of major industrial and commercial projects.

Recent Recognition

Chambers Canada
Ranked, Energy: Power (Transactional) – Nationwide
Chambers Global: The World's Leading Lawyers for Business
Ranked, Energy: Power (Transactional)
The Legal 500: Canada
Leading Lawyer, Energy - Power
The Canadian Legal Lexpert Directory

Consistently Recommended, Energy (Oil & Gas)
Repeatedly Recommended, Corporate Commercial Law; Energy (Electricity); Infrastructure Law

LexisNexis Martindale-Hubbell
Received a BV Distinguished Peer Review Rating
Lexpert/Report on Business Special Edition - Canada's Leading Energy Lawyers
Recognized as a leading energy lawyer in Canada
Lexpert/Report on Business Special Edition - Canada's Leading Infrastructure Lawyers
Recognized as a leading infrastructure lawyer in Canada
Who's Who Legal: Canada
Recognized as a leading lawyer in the area of energy
Who's Who Legal: Energy
Recognized as one of the world's leading energy lawyers
Best Lawyers in Canada
Recognized for Energy Law

Insights, News & Events

Announcements

Chambers Global Ranks Bennett Jones Lawyers in 2023 Edition

March 06, 2023
       

Blog

A Leap Toward Net-Zero Power In Saskatchewan: SaskPower Approves 700 MW of New Renewables Procurement

November 24, 2022
       

Blog

Canadian Investment Tax Credits for Clean Technologies and Clean Hydrogen Announced in 2022 Fall Economic Statement

November 15, 2022
       

Related Services

Aboriginal Law
Project Finance
Power & Renewables
Transportation
Commercial Transactions
Banks & Financial Institutions
Franchising
Private Equity & Investment Funds
Oil & Gas
Energy
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