David J. Macaulay: Lawyer with Bennett Jones LLP

David J. Macaulay

Partner, Co-Head of Power and Renewable Energy
Calgary,  AB  Canada

Peer Rating
BV® Distinguished

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Practice Areas

  • Aboriginal Law
  • Corporate Commercial Law
  • Private Equity
  • Project Finance
  • Banks & Financial Institutions
  • Construction
  • Energy: Oil & Gas
  • Energy: Power & Renewables
  • Franchising
  • Manufacturing
Contact InfoTelephone: 403.298.3479
Fax: 403.265.7219
University University of Alberta, B.Comm., 1984
Law SchoolUniversity of Toronto, J.D., 1988
Admitted1989, Alberta

David Macaulay, co-head of the firm's power and renewable energy practice group, represents clients in the energy sector, both domestically and internationally.

He has significant experience in the development of commercial energy projects, with an emphasis on structuring power projects (gas, coal, hydro and alternative fuels), pipeline and mining joint ventures, and oil and gas projects in Western Canada and the frontier areas of the East Coast, Mackenzie Delta and Northwest Territories.

Clients benefit from David's major domestic energy project experience which includes Mackenzie Valley Pipeline and the Terra Nova and Sable Island offshore projects.

Internationally, David has represented clients in the acquisition of significant energy infrastructure assets in Australia and power development projects in both Australia and South America.

David brings to the commercial projects work expertise in financing including experience with project financing, conventional debt, private equity, and commodity and other hedging and risk management arrangements and transactions in assessing and mitigating risks in commercial energy projects which is critical in various project structures.

He serves as a director of a number of private corporations and is the past chairman and a long-term board member for Lindsay Park Sports Society, which operates the Talisman Centre for Sport and Wellness.


•ATCO Power (416 MW cogeneration power project at the Nova Chemicals petro-chemical site at Joffre, Alberta) in connection 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) in connection with various commercial matters.
•Alberta Power (2000) Ltd. (670 MW coal fired Battle River generating station near Forestburg, Alberta) in connection with its power purchase and coal supply arrangements.

2014, Lexpert/Report on Business Special Edition - Canada's Leading Energy Lawyers
David J. Macaulay , recognized as a leading energy lawyer in Canada
2014, Chambers Global: The World's Leading Lawyers for Business
David J. Macaulay , ranked, Energy: Power (Transactional)
has lots of deep experience in the power industry ...
2008, LexisNexis Martindale-Hubbell
David J. Macaulay , received a BV Distinguished Peer Review Rating

Changes to First Nations Consultation in Alberta

May 09, 2013
On April 2, 2013, Alberta released a draft of The Government of Alberta's Policy on Consultation with First Nations on Land and Natural Resource Management, 2013 (the Draft Policy). The Government's deadline for comments on the Draft Policy is May 17, 2013.
Ontario's Feed-In Tariff (FIT) Review Recommendations

March 23, 2012
On March 22, 2012, the government of Ontario released its scheduled two-year review report regarding its renewable energy feed-in tariff (FIT) program. The FIT program, along with other renewable energy programs, has placed Ontario at the forefront of a burgeoning global renewable energy industry. To date, the FIT program has resulted in approximately 2,000 power purchase agreements being entered into by the Ontario Power Authority (OPA) representing over 4,600 MWs of new renewable generation in Ontario.
Indian Property - Lien and Seizure Restrictions

January 28, 2010
Aboriginal groups have become much more active in the commercial mainstream in recent years, taking significant roles in joint ventures and other commercial arrangements. Much of this activity in Western Canada has been driven by the abundant energy related opportunities on or near reserve lands. In many cases, creative financing and structuring for the participation of the aboriginal group in the venture is required. Whether the venture involves a loan to the aboriginal group, a development on reserve lands or other business undertaking in which security is being taken over property of such aboriginal group located on reserve lands, the impact of restrictions on seizure and execution against Indian property under the Indian Act (Canada) must be examined. This article does not apply to any grant, lease, permit, licence or other disposition respecting oil and gas in Indian lands which are governed by the Indian Oil and Gas Act (Canada) and related regulations. Note that the terms Indian, band and reserve used below are as defined in the Indian Act. Originally Published inn Energy Update.


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Office Information

David J. Macaulay

855-2nd Street S.W.
CalgaryAB T2P 4K7

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