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Alan Harvie

Senior Partner

Alan Harvie

Calgary

T:+1 403.267.9411

Alan Harvie has practised energy and environmental/regulatory law since 1989 and regularly deals with commercial, operational, environmental and regulatory issues, especially for the upstream oil and gas, energy, waste disposal and chemical industries. He is a member of our energy and environmental departments. 

Mr. Harvie also has significant legal experience in acting for the oil and gas industry in commercial transactions and regulatory matters, including enforcement proceedings, common carrier and processor applications, forced poolings, downspacings and holdings, rateable take, and contested facility, well and pipeline applications. He has also dealt extensively with commercial, environmental and regulatory issues concerning thermal and renewable power plants, electrical transmission and distribution lines, tourism and recreation projects, forestry, mining, agriculture, commercial real estate, industrial facilities, sewage plants, hazardous waste landfills and treatment facilities, transportation of dangerous goods and water storage reservoirs. 

Mr. Harvie regularly advises clients about environmental assessments and permitting, spill response, enforcement proceedings, contaminated site remediation, facility decommissioning and reclamation, chemical compliance (DSL, NDSL, MSDS and HMIRC), nuclear licensing, crude-by-rail projects and product recycling and stewardship requirements.

Mr. Harvie has appeared before the Alberta Courts, the Energy Resources Conservation Board, the Alberta Energy and Utilities Board, the Alberta Utilities Commission, the Natural Resources Conservation Board, the Canadian Environmental Assessment Agency, the Alberta Environmental Appeals Board, the Municipal Government Board and various other environmental, regulatory and municipal bodies. He assisted the government of British Columbia in reforming the regulation of oil and gas activities in the province, and advised regulatory authorities in Colombia on developing rules for the exploration and development of coal bed methane resources.

He has led environmental and regulatory legal due diligence teams on a significant number of merger and acquisition, commercial, securities and financing projects, including acting for Petro-Canada in its C$55 billion merger with Suncor Energy and numerous other transactions involving large natural resource industry players. Mr. Harvie has a comprehensive understanding of regulatory and tenure systems governing the development of Canada’s vast oil sands deposits.

He has recently developed practical experience in the embryonic field of carbon capture and storage, and worked on a number of carbon emission reduction and credit trading projects, including landfill gas capture, energy efficiency and agricultural offset projects.

Mr. Harvie has been involved with regulatory and policy issues concerning water rights in Alberta for over 20 years. He has successfully completed projects involving the trading of water rights, worked with ecological and hydrological experts on instream flow assessments and participated in major irrigation and hydropower projects. He has a deep understanding of water resources laws and Fisheries Act issues, including enforcement proceedings.

Mr. Harvie is a frequent contributor to our Hydraulic Fracking blog.

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  • Education

    LL.B., University of Wales, 1988
    B.A., University of Alberta, 1984

  • Representative experience

    Matters in which Mr. Harvie has recently acted include:

    • Environmental counsel to Enbridge Income Fund in the $30.4 billion acquisition of the Enbridge Mainline, Athabasca System, associated terminals and Blackspring Ridge wind project from Enbridge Inc.
    • Counsel to a special committee of the trustees of Enbridge Commercial Trust on a C$1.16 billion acquisition of crude oil storage and renewable power generation assets from Enbridge Inc. and a C$1.76 billion acquisition of international natural gas and diluents pipelines from Enbridge Inc.

  • Admissions
    • Alberta 1989
  • Rankings and recognitions
    • Chambers Canada, Nationwide: Environment, Chambers and Partners, 2018
    • Canadian Legal Lexpert Directory, (2011-2017): recommended in Environmental Law
    • Chambers Global: Canada, 2013-2017: Environment
    • Acritas StarsTM 2017 Designated as a “Star” lawyer by a panel of over 3,000 global senior in-house counsel
    • Best Lawyers in Canada, 2011-2017: Environmental Law
    • Best Lawyers in Canada, 2015-2017: Energy Law
    • Chambers Canada, 2016-2017: Environment
    • The Legal 500 Canada, 2016: Environment
    • Who’s Who Legal: Canada, 2011-2015: Environment
    • The International Who’s Who of Environment Lawyers, 2011-2013, 2017
    • Canadian Legal Lexpert Directory, 2011-2012: recommended in Environmental Law
    • PLC Which Lawyer? 2011 (Canada) in the area of Environment
  • Publications
    • “Joint Owners and Greenhouse Gas Emissions," [2015] Federated Press Environmental Law, Volume X11, No. 4.
    • “Trade Secrets and the Regulation of Hydraulic Fracturing: Toward a Global Perspective” (co-author), [2013] Int’l Energy L. R. 154-167 & 203-213 (Issues 4 & 5 2013).
    • Oil and Gas Decommissioning: Law, Policy and Comparative Practice (Canadian chapter), Globe Law and Business, 2013 and 2015.
    • Trade secrets and the regulation of hydraulic fracturing - Toward a global perspective, April 2013.
    • “Carbon Capture and Storage Statutes Amendment Act,” November 2010.
    • “Alberta Clarifies Coalbed Methane Ownership,” October 2010.
    • “The Wild West Water Market: Developing Rules for Water Rights in Alberta,” Canadian Water Treatment, September/October 2009.
  • Speaking engagements
    • “Carbon Capture and Storage: The Canadian Experience,” March 2012.
    • “Petroleum Technology Alliance Canada’s Toward Clean Energy Production—Managing CO2 for Enhanced Oil Recovery and Carbon Capture and Storage: Update on Legal and Regulatory Issues,” November 2010.
    • “The Alberta Stewardship Act. It’s Coming! So What is it? And How Will it Affect the Oil and Gas Industry?” (co-presenter).
    • “Navigating the Emerging Regulatory Issues Around CCS Liability,” January 2010.
    • “Environmental Law & Regulation North of 60°, Climate Change Compliance and Beyond: Applying the Regulatory Framework to Commercial Activities and Transactions North of 60°,” November 2009.
    • “Environmental Due Diligence: Paying Due Care and Attention,” 13th Annual Federated Press Due Diligence, November 2009.
    • “Understanding the New Federal Guidelines,” 6th Annual Clean Coal Symposium, October 2009.
    • “WaterTech 2009, Buying and Selling Alberta Water Rights: Legal and Regulatory Requirements and Challenges,” May 2009.
    • “Carbon Capture and Storage: The Canadian Experience,” 12th Annual EUEC Energy & Environment Conference, February 2009.
    • “CO2 Capture and Storage Conference, Legal and Regulatory Considerations,” February 2009.
  • Memberships and activities

     

    • Canadian Bar Association – Alberta Branch
    • Law Society of Alberta
    • Member & Past Chair, CBA Environmental Law Subsection
    • Rocky Mountain Mineral Law Foundation  
    • International Emissions Trading Association
    • Petroleum Joint Venture Association

     

     

    • Founding Director, Western Sky Land Trust Society
    • Former President, Trout Unlimited Canada