Alan Harvie

Senior Partner
Norton Rose Fulbright Canada LLP

Alan Harvie

Alan Harvie

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Biography

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 and midstream 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 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 Alberta Energy Regulator, 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 methane reduction, landfill gas capture, energy efficiency and agricultural and forestry offset projects.

Mr. Harvie has been involved with regulatory and policy issues concerning water rights in Alberta for over 30 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.


Professional experience

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

  • Alberta 1989

Matters in which Mr. Harvie has recently acted include:

  • Environmental counsel to NorthRiver Midstream, a unit of Brookfield Infrastructure, in the $4.3 billion purchase of Enbridge's Canadian natural gas gathering and processing business consisting of 19 sweet and sour gas processing plants and liquids handling facilities and 3,550 km of gas-gathering pipelines.
  • 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.

 

  • Chambers Global, Canada: Environment, Chambers and Partners, 2018
  • Chambers Canada, Nationwide: Environment, Chambers and Partners, 2020
  • Canadian Legal Lexpert Directory, 2011-2019: recommended in Environmental Law
  • Acritas Stars 2017 Designated as a “Star” lawyer by a panel of over 3,000 global senior in-house counsel
  • Acritas Stars 2018 Designated as a "Star" lawyer by a panel of over 4,300 clients
  • Acritas Stars 2019 – Designated as an "Independently rated lawyer" 
  • 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, 2011-2019: Environment
  • The International Who’s Who of Environment Lawyers, 2011-2013, 2017-2019
  • PLC Which Lawyer? 2011 (Canada) in the area of Environment
  • "Expanding Redwater Beyond Oil and Gas: Can Other Regulators Enforce Orders in an Insolvency," April 2019
  • "Auditor General Provides Insight into Inspection and Enforcement of Toxic Substances Regulations," October 2018
  • "Alberta's Area-based Closure Program for Inactive Oil and Gas Sites," October 2018
  • "Oil Embargo:  Alberta's Preserving Canada's Economic Prosperity Act," May 2018
  • "Alberta Releases Draft Directives for Reducing Methane Emissions from Oil and Gas Operations," May 2018
  • "British Columbia Strengthens Oil and Gas Liability Management Regime," April 2018
  • "Regulatory Banishment:  Section 106 Declaration in Alberta's Oil Industry," March 2018
  • "Canada Unveils Backstop Carbon Pricing Details in the Greenhouse Gas Pollution Pricing Act," January 2018
  • "Setting Benchmarks:  Alberta's Carbon Competitiveness Incentive Regulation," December 2017
  • "Alberta Tightens Eligibility Requirements for Oil and Gas Licences," December 2017
  • "New Spill Reporting, Response and Recovery Requirements in British Columbia," November 2017
  • "Federal Methane Emission Reduction Regulations Target Oil and Gas Industry," June 2017
  • “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.

 

  • Canadian Bar Association – Alberta Branch
  • Law Society of Alberta
  • Member & past chair, Canadian Bar Association 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

 


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