Overview

TDS lawyers understand the natural resources and energy industry and are actively involved in the industry where our clients operate. TDS acts as honorary counsel for the Mining Association of Manitoba.

Whether our clients are looking to expand globally, protect intellectual property, receive Scientific Research & Experimental Development Tax Credits, ensure they are compliant with environmental protection requirements, receive advice on Indigenous Rights, purchase, prepare a contract or find an international partner, TDS can help.

Our lawyers assist our natural resources and energy clients in areas including:

  • Indigenous Law – TDS advises clients on the effects of Indigenous law on land claims, constitutional matters, land use conflicts, mitigation/compensation agreements, and resource management planning. We have provided advice to clients regarding on-reserve business financing.
  • Business Immigration – When our clients need to look outside of Canada for labour to run their operations, we assist them with navigating the immigration bureaucracy to ensure applications are processed and the people they need to run their operation are able to work in Canada.
  • Contract Negotiations – To be successful in a globally competitive industry, our clients need many different contracts ranging from government relations, sale and leasing of natural resource assets, resource transportation arrangements, and sales/distribution agreements. Our team works closely with our clients’ business leaders to negotiate and develop practical agreements that help make deals happen.
  • Environmental Compliance – Environmental sustainability, safety and compliance is one of the top concerns of natural resource and energy companies. Lawyers in our firm assist our clients by providing advice concerning environmental assessment processes, environmental issues in resource development, contaminated site issues, environmental management systems (EMS), and regulatory compliance.
  • Financing – Financing the purchase, sale and leasing of natural resource assets can be daunting. Our lawyers have relationships with many financial institutions and government agencies which can help assist clients with grant applications and lease/loan negotiations and applications. TDS is a member of the Canadian Venture Capital Association (CVCA), and our lawyers are also very connected in the venture capital and private equity circles.
  • Labour & Employment – Labour and employment law in the natural resources and energy industry has some unique characteristics. Whether with respect to terminology or cultural norms, TDS natural resources and energy lawyers have experience with matters specific to the natural resources and energy sectors. Workplace Health & Safety Regulations, collective bargaining agreements, strikes/lock-outs, executive EMT agreements, and employee handbooks are areas of need for many employers. Our lawyers work with our clients to develop comprehensive agreements, policies and documentation to protect both the worker and the company.
  • Mergers & Acquisitions (M&A) – Our lawyers regularly assist local, national and international clients with leveraged and management buy-outs, joint ventures, acquisitions and divestitures, cross-border transactions, public company transactions, reorganizations and recapitalizations, transactions involving divisions, subsidiaries and spinoffs, and restructurings. Today’s M&A transactions are often global in reach. TDS is a founding member (and the exclusive Manitoba member) of Lex Mundi – the world’s leading network of independent law firms, with in-depth experience in 100+ countries worldwide. Our global connections to top law firms can make a world of difference to clients when it comes to M&A.
  • Property & Development – We provide a full range of services and expertise, from basic conveyancing work, to advising on commercial sales and purchases, leasing, development, construction and property management, to realization on security through foreclosure and insolvency remedies.
  • Tax Credits for Research & Development – Natural resources and energy companies may benefit from applying for Scientific Research & Experimental Development (SR&ED) tax credits with assistance from their accounting firms. However, the claims are sometimes denied by the Canadian Revenue Agency (CRA). When appropriate, our tax dispute resolution lawyers advocate on behalf of our clients, helping them receive the tax credits which may be critical to the growth and success of their international business.

Whatever your challenge, we’re ready to support you. While you focus on the operation of your business, we will work on solving your legal problems and protecting your interests, allowing you to sleep easier at night.

TDS is proud to be part of the team of some leading natural resources and energy companies in mining, forestry, oil and gas, hydro-electricity, water resources, and natural resources taxation, including:

  • HudBay Minerals Inc.
  • Manitoba Hydro
  • Pattern Energy Group and St. Joseph Windfarm Ltd.

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