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Lavery Lawyers’ Édith Jacques discusses trends, opportunities, and challenges in Quebec’s active renewable energy industry as interest and investment in projects worldwide continue to soar

QUEBEC BOASTS a renewable energy sector that’s increasingly active – and if you ask Édith Jacques, partner at Lavery Lawyers, it’s one of the province’s strengths. “Hydroelectricity has been part of our lives forever, but we are making strides in other areas as well,” Jacques says. “We have strong players in Quebec. Many have expertise in Europe, where they are more developed in renewable energy, and those corporations are bringing that knowledge here.” The lay of the land Discussions in the industry around greenhouse gas and carbon footprints form a long conversation in Quebec, in Canada, and abroad, with “a world-wide and governmental appetite to leverage renewable energy,” Jacques says, adding that as interest – and investment – continue to rise, Quebec is in position to make inroads.

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Édith Jacques, Lavery Lawyers

“Over the last few years, Lavery has seen significantly more activity. That includes some very interesting mandates that will last over several years, and consultation by a number of different clients looking to make a move in this growing sector.” Hydro-Québec has various calls for tenders in progress, and the public utility is currently reviewing applications received for 300 MW of wind power and another 480 MW of renewables, likely in areas where these are less-developed in the province than natural gas or solar are in other parts of the country. The resulting contracts must be approved by the Régie de l’énergie, and deliveries of electricity must begin by December 1, 2026. Quebec is also seeing activity around private projects driven by the overall “greening” of activities and the increased need for renewable energy.

Trends and opportunities While wind energy is well-established and going strong – Lavery continues to handle many wind-energy files, from greenfield to brownfield projects – the development of renewable natural gas is ramping up. Though projects in this field of business have been in discussion for several years, they’ve met delays for a number of reasons, including because financing didn’t align. Jacques recalls several renewable gas energy projects failing because the utilities couldn’t pay the cost of the real megajoule produced, but notes that 15 years ago wind projects faced the same disconnect. Now, the cost of producing could be equal to the capacity of payment with, perhaps, government support – and with increasing interest in natural gas, Jacques predicts similar rapid expansion, adding that from the mandates Lavery is involved in, projects should roll out over the next 12 to 18 months.

“The public has the desire, and the government has the will, to support this sector and render it more efficient so it’s attractive on the business side,” she says. “In the greater scope of environmental concerns, renewable energy serves the larger objectives of the government.” There is also a growing appetite for green hydrogen, especially given the advent of electric vehicles and the fact that larger ones, such as commercial trucks, face battery challenges when fueled by electricity alone. Looking ahead to the mid-term, “if the technology develops in the right way, this is the type of energy that will be in demand.”

“Things are moving ahead, and we should see projects come off the ground shortly,” Jacques says, adding that solar energy is another area of development in Quebec and, depending on the results of some pilots that are in place, solar farms could be an opportunity in the near future as well. Jacques predicts that the management of energy use by the end user will become a hot topic as rapid development gives way to a focus on managing existing sources more efficiently. “This area has also become more active, though it is a longer-term opportunity because Quebec is under a specific regime that would need to be modified by the government – but there is an intention to go down this path.” The main challenges While the COVID-19 pandemic didn’t affect it directly, the renewable-energy industry is not exempt from the consequences of the global supply shortage. Supply-chain issues are taking a toll on all stakeholders, projects are suffering from the delays, and “if the worldwide situation doesn’t get back to where it was, or we don’t find other ways to get what’s required, this is going to be a supplemental challenge to already-complex projects,” Jacques says.

“We have been at the forefront of infrastructure and renewable energy for more than 25 years, and plan to continue building on decades of experience delivering these projects. Our scope of expertise is historical at Lavery”

Édith Jacques, Lavery Lawyers

Another challenge, which has been present for a few years but recently became more relevant, is social acceptability of the renewable energy projects. Jacques notes some clients don’t put enough emphasis on this, or recognize the time it requires – ideally beginning well before any other step. It’s a critical component to manage because the government won’t impose development on a region unilaterally, meaning lack of community acceptance can effectively terminate the project. “Clients may assume everyone sees the benefit, but they’re looking at it with their business eye – that’s not always how the community sees it,” Jacques says. “It can be a challenge for projects to get to the end if the social acceptability piece is not there. We’ve seen some that didn’t pass or had legal proceedings brought against them, which is unfortunate and can be very costly. Clients can avoid this by laying the groundwork first.”

Lavery’s expertise “historical” As a full-service law firm, Lavery is well-positioned to assist its clients in any renewable-energy project. Given that such projects are complex and require diverse expertise, the firm takes a combined approach, with a lead manager heading up the project and calling on in-house specialists when required, rendering a complete service for the client. With the breadth and depth of skill to represent any of the potential stakeholders, Lavery prides itself on acting as a one-stop legal shop. And while navigating an industry that’s steadily evolving, the firm is advancing along with it – and boasting a voracious appetite for involvement in future opportunities. “We have been at the forefront of infrastructure and renewable energy for more than 25 years, and plan to continue building on decades of experience delivering these projects,” Jacques says. “Our scope of expertise is historical at Lavery.”

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