Richard J. King
Richard King practises energy, aboriginal and environmental law. He has been extensively involved in the Ontario energy sector for many years, and advises clients on commercial and regulatory matters related to power project development, power trading and utility regulation (rates and compliance). He has advised clients on a number of power transmission and generation projects in Ontario, including combined-cycle generation facilities (e.g., Greenfield Energy Centre’s 1,005 MW plant), cogeneration plants (e.g., TransAlta’s 440 MW Sarnia Plant), large and small-scale wind farms (e.g., 99 MW Erie Shores Windfarm), solar power facilities (including First Solar’s developments in Ontario), and new transmission projects (e.g., Five Nations Energy Inc. line in James Bay). He regularly appears before the Ontario Energy Board and the National Energy Board on behalf of clients in project approval and rate regulation matters.
Mr. King’s aboriginal law practice focuses on consultation and accommodation of aboriginal groups in connection with large natural resource projects (primarily in the energy and mining sectors). He assists clients with advice on their delegated duty to consult, the preparation of aboriginal consultation policies and reports, and negotiating and developing impact benefits agreements. Mr. King has unique expertise in relation to aboriginal matters related to large-scale, greenfield transmission projects, having acted for Five Nations Energy Inc., Ontario’s first First-Nation-owned transmission company, and Wataynikaneyap Power (formed to connect Goldcorp’s Musselwhite mine and 13 remote aboriginal communities in northern Ontario).
Mr. King’s environmental practice focuses on the environmental aspects of major infrastructure projects in all economic sectors. This includes environmental assessment work, the review of environmental provisions in project development agreements, and diligence and management of environmental issues associated with new projects (e.g., contaminated lands, project approvals, risk allocation, etc.).
Mr. King completed course work towards a doctor of juridical science degree at University of Toronto law school in 2006.
Year of call
LL.M., London School of Economics and Political Science, 1995
LL.B., Osgoode Hall Law School, 1993
M.E.S., York University, 1993
B.Sc., Western University, 1989
Selected client work
Mr. King is acting or has acted recently for the following clients:
- Wataynikaneyap Power in preparation for a leave to construct application to be filed with the Ontario Energy Board in 2013. This project will ultimately connect approximately 13 remote First Nation communities in northern Ontario
- Five Nations Energy Inc., since 2000, in connection with the greenfield development of a 270-kilometre transmission line along the west coast of James Bay. Five Nations is Ontario’s only First Nation-owned transmission company
- Greenfield Energy Centre LP (a Calpine/Mitsui venture) in respect of all environmental assessment and regulatory (including environmental) approvals associated with the construction and operation of a 1,005 MW combined-cycle gas-fired power plant in St. Clair Township, Ontario
- TransAlta Energy Corporation in respect of the development of a first large cogeneration plant (660 MW) built in Ontario in contemplation of a competitive wholesale market. The facility supplies power and steam to large industrial hosts in Sarnia, Ontario
- Cliffs Natural Resources Inc. in connection with aboriginal consultation and the negotiation and development of benefits agreements with numerous First Nations. Cliffs is developing an open-pit chromite mine in the Ring of Fire region of Ontario and an associated ferrochrome production facility in Sudbury
- A wind farm developer in connection with its aboriginal consultation for eight wind farms (>600 MW) in southern and central Ontario.
- Numerous US and Canadian power trading companies in connection with trading compliance matters in Ontario, including congestion management settlement credit disputes with the IESO, representation in alleged breaches of IESO Market Rules, and representation in connection with compliance investigation and enforcement by the Ontario Energy Board’s Market Surveillance Panel
- Power traders in current Hydro One rate case, in connection with export transmission charges
- The Electricity Distributors Association in connection with the establishment of a smart metering charge and approval of a contractual arrangement regarding same with IESO
- The Association of Power Producers of Ontario (APPrO) in connection with Ontario Energy Board matters, including natural gas rate applications by Union Gas and Enbridge Gas Distribution, export transmission rate applications by Hydro One Networks Inc., and conservation and demand management program applications by Union Gas and Enbridge Gas Distribution
- Mr. King is a regular speaker at conferences on aboriginal consultation, and electricity and natural gas regulation in Ontario.
Rankings and recognitions
- Chambers Global: The World’s Leading Lawyers for Business, 2013: Aboriginal Law
- Best Lawyers in Canada, 2013 - Environmental Law
- Canadian Legal Lexpert Directory, 2012: recommended in Energy (Electricity)
- London School of Economics, Law Award of Merit
- Osgoode Hall Law School, Environmental Law Prize
- Osgoode Hall Law School, Rights of Indigenous Peoples Prize
Memberships and activities
- Association of Power Producers of Ontario
- Ontario Energy Association
- Environmental Defence Canada
- Ontario Waterpower Association
- Former committee member Class EA for Waterpower
- Former adjunct professor, International Environmental Law, Osgoode Hall Law School
- Former adjunct professor, Environmental Law, Western University