Services

Resilient LLP’s professionals practice exclusively in the areas of climate change, clean energy, and Indigenous law and, over the last two and a half decades, have built a leading global climate and energy practice based on strategic insight and a focus on enduring client relationships.

Our purpose is to help facilitate the long-term success and resilience of our clients and the sustainable evolution of the markets and ecosystems that they work in. As Canada’s only climate and energy boutique law firm, we are deeply committed to the transition to a net-zero, climate-resilient future. Our domestic and international clients include public and private energy companies, governments, financial institutions, industry associations, non-governmental organizations, Indigenous communities, and other global law firms. We practice in association with Fasken Martineau DuMoulin LLP, a full-service global law firm with offices throughout Canada, as well as in London, Johannesburg, and Beijing.

Resilient LLP provides expert legal, policy, and regulatory advice to clients across the climate change and energy spectrum. Our practice areas include:

Carbon Markets

Carbon markets are essential to achieving net-zero and net-negative emissions. As businesses increasingly commit to reducing emissions, it is now anticipated that carbon markets will need to scale by 15- to 160-fold in order to meet growing demand. Since the earliest days of the carbon market, our professionals have provided legal advice on a wide variety of voluntary and compliance-based carbon market transactions. 

Resilient LLP is routinely called upon to provide multi-jurisdictional legal advice on all aspects of complex carbon markets and emissions trading matters, including:

  • emissions trading agreements, including emissions reduction purchase agreements (ERPAs), emissions removal purchase agreements, emission offset development agreements, renewable energy certificate (REC) agreements, and others;
  • carbon pricing, cap and trade and emissions trading system design;
  • carbon bonds and carbon funds;
  • ownership of and title to natural assets and environmental commodities;
  • climate change project development, including carbon storage projects;
  • net-zero, carbon neutral, or carbon negative pathways for businesses and governments;
  • negative emissions technologies (NETs) and related transactions; and
  • nature-based climate solutions (NCS) and related transactions.

Lisa (Elisabeth) DeMarco, Senior Partner and CEO of Resilient LLP, is ranked by Chambers Global and Chambers Canada as one of the world’s leading climate change lawyers. She is Vice Chair of the International Emissions Trading Association and sits on the consultative group for the Carney/Winters Taskforce on Scaling Voluntary Carbon Markets (TSVCM).

Net-Zero Strategy

Resilient LLP is known globally for providing innovative climate change and clean energy business strategy advice to executive management, boards of directors, and senior leadership. Our team is often called upon to provide legal and strategic advice on:

  • net-zero, carbon neutral, or carbon negative pathways;
  • corporate-wide emissions reductions and supply chain tactics;
  • TCFD- and SASB-compliant climate-related financial disclosures and related securities law advice;
  • establishing environmental, social and corporate governance (ESG) frameworks;
  • climate risk and opportunity assessment;
  • climate metrics and targets (including for executive compensation);
  • emissions reduction purchase agreements (ERPAs), renewable energy certificate (REC) agreements, and corporate power purchase agreements (PPAs); and
  • economic recovery policy in response to the COVID-19 pandemic.

We also have a proven track of providing clients with specialized legal advice on climate risk and targets, emissions trading, voluntary and compliance-based carbon markets, and nature-based climate solutions. 

Lisa (Elisabeth) DeMarco, Senior Partner and CEO of Resilient LLP, is ranked by Chambers Global and Chambers Canada as one of the world’s leading climate change lawyers. 

International Climate Policy

Resilient LLP regularly provides advice on international climate policy, negotiations, and related transactions. Our professionals annually attend and advise on the United Nations Framework Convention on Climate Change (UNFCCC) negotiations and were in the trenches at COP 21 when the Paris Agreement was achieved. 

Resilient LLP provides specialized legal advice on international climate policy in a wide variety of areas, including:

  • market mechanisms and internationally transferred mitigation outcomes (ITMOs) under Article 6 of the Paris Agreement;
  • negotiation of multilateral and bilateral international carbon market transactions and other arrangements;
  • international climate finance and related export development policy;
  • the Local Communities and Indigenous People Platform (LCIPP);
  • negative emissions technologies (NETs) and other climate tech;
  • nature-based climate solutions (NCS) in forest, agricultural, grassland, wetland, and marine ecosystems;
  • REDD+, including Jurisdictional and Nested REDD+ (JNR);
  • emissions reductions in aviation, including compliance with ICAO’s Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA);
  • emissions reductions in maritime shipping, including compliance with International Maritime Organization (IMO) emissions rules;
  • international trade law related to border carbon adjustments (BCAs), carbon emission and sustainability labelling and product certification, and international stewardship councils.

Lisa (Elisabeth) DeMarco, Senior Partner and CEO of Resilient LLP, is ranked by Chambers Global and Chambers Canada as one of the world’s leading climate change lawyers. She is Vice Chair of the International Emissions Trading Association

Legislative Drafting and Compliance

Resilient LLP has a proven reputation advising government and private sector clients on domestic policy, legislative, and regulatory drafting and compliance. We routinely act for provincial, state, federal, and national governments and ministries on climate and industrial emissions strategy, policy, legislative, and regulatory drafting. We have advised on the design and implementation of carbon pricing, cap and trade, and emissions trading systems in several jurisdictions. We are also frequently called upon to provide special advisory services to Cabinet and senior government officials. 

Our professionals also have extensive experience assisting governments, Indigenous communities, and leading businesses with public and Indigenous consultation and engagement on major energy and infrastructure projects.

Environmental, Social and Corporate Governance (ESG)

Resilient LLP advises clients in all sectors on ESG and climate risks, opportunities, and compliance measures. We help public and private companies design and implement ESG strategies that effectively manage their risks and enhance their competitiveness. We regularly provide legal and governance advice to executive management, boards of directors, senior leadership and sustainability officers in the areas of risk management and strategy, standards compliance, reporting and disclosure, sustainable finance, and socially responsible investment.

Our service areas include:

  • compliance with ESG obligations, including the Equator Principles;
  • TCFD- and SASB-compliant climate-related financial disclosures and related securities law advice;
  • climate risk and opportunity reporting and disclosure;
  • climate metrics and targets (including for executive compensation);
  • circular economy opportunities;
  • Indigenous rights;
  • corporate social responsibility (CSR); and
  • responsible business and investment.

Energy Regulatory

Resilient LLP has a proven reputation in energy regulatory matters and routinely provides advice on complex energy issues. Our professionals have specialized expertise in energy regulatory matters involving distributed energy resources (DERs), non-wires alternatives, energy storage, electric vehicles, hydrogen, and renewable natural gas. 

We are also recognized as a leading law firm providing representation to Indigenous communities and businesses in energy regulatory proceedings and have a proven track record of delivering benefits and addressing reliability issues for First Nations facing below-standard electricity and natural gas service.

We have represented clients in proceedings before virtually all provincial and federal energy tribunals and regulators, including the Ontario Energy Board, British Columbia Utilities Commission, Alberta Energy Regulator, Alberta Utilities Commission, and Canada Energy Regulator (previously the National Energy Board). We also have deep experience working with independent system operators, including the Independent Electricity System Operator and the Alberta Electric System Operator. 

Lisa (Elisabeth) DeMarco, Senior Partner and CEO of Resilient LLP is Lexpert® ranked in the areas of energy (oil and gas), energy (electricity), and environmental law.

Energy Projects and Transactions

Our professionals have a proven track record providing legal advice on a wide spectrum of energy projects and transactions in a variety of jurisdictions. Our lawyers have acted for leading energy companies, governments, and Indigenous business organizations on renewable power, alternative fuel, distributed energy, zero-emission, energy storage, and other projects. 

We also have extensive experience in structuring, drafting, and negotiating energy supply contracts, corporate power purchase agreements (PPAs), electricity trading and marketing agreements, renewable energy certificate (REC) agreements, and offset and green energy agreements, among others.

Lisa (Elisabeth) DeMarco, Senior Partner and CEO of Resilient LLP, is Lexpert® ranked in the areas of energy (oil and gas), energy (electricity), and environmental law.

Indigenous Rights

Resilient LLP has the depth of experience required to guide First Nations and Métis communities and Indigenous businesses to successful relationships with project proponents, governments, and regulatory tribunals. Our professionals regularly provide legal advice on Indigenous rights in the context of:

  • energy regulatory proceedings (electricity, natural gas, nuclear);
  • the duty to consult and Indigenous engagement, consultation, and accommodation;
  • Indigenous economic development and community wealth building;
  • environmental assessments and major project development;
  • Aboriginal title, Treaty, property, and other rights;
  • Indigenous carbon finance, carbon offsets, and Indigenous-led conservation and carbon storage (including Indigenous Protected and Conserved Areas (IPCAs);
  • Atmospheric Benefit Sharing Agreements (ABSAs); and
  • nature-based climate solutions (NCS) in forest, agricultural, grassland, wetland, and marine ecosystems, and related Indigenous resource governance.

Sustainable Finance

Sustainable finance is essential to building a prosperous and resilient future. Our team advises on all aspects of sustainable finance, including:

  • economic recovery policy in response to the COVID-19 pandemic;
  • clean infrastructure finance (including through the Canada Infrastructure Bank and Infrastructure Canada);
  • carbon finance and climate and green bonds, loans, and funds;
  • emissions reduction purchase agreements (ERPAs), renewable energy certificate (REC) agreements, and corporate power purchase agreements (PPAs);
  • international climate finance and related export development policy;
  • clean energy and renewable energy finance;
  • sustainable debt and equity investments; 
  • sustainable finance products; and
  • emerging markets and technologies.

Innovation and Emerging Technologies

Resilient LLP regularly advices businesses at the forefront of emerging climate and energy technologies and solutions, including:

  • distributed energy resources (DERs), non-wires alternatives, energy storage, electric vehicles, hydrogen, and renewable natural gas;
  • negative emissions technologies (NETs), such as direct air capture with carbon storage (DACCS), bio-energy with carbon capture and storage (BECCS), and carbon dioxide mineralization, and carbon neutral or carbon negative fuels;
  • nature-based climate solutions (NCS) in forest, agricultural, grassland, wetland, and marine ecosystems;
  • regenerative and sustainable agriculture;
  • climate adaptation and adaptation finance (including PACE, energy efficiency, flood protection);
  • circular energy economy;
  • embodied carbon; and
  • artificial intelligence (AI) and machine learning.

Lisa (Elisabeth) DeMarco, Senior Partner and CEO of Resilient LLP is Lexpert® ranked in the areas of energy (oil and gas), energy (electricity), and environmental law. She sits on the board of directors of the MaRS Advanced Energy Centre.