Henry J. Krupa 

Co-Chair, Environmental
Toronto  t: 416.307.4220  |  e: henry.krupa@mcmillan.ca

Henry J. Krupa

Toronto
Brookfield Place, Suite 4400
181 Bay Street
Toronto, Ontario M5J 2T3

t: 416.307.4220
e: henry.krupa@mcmillan.ca

overview

Henry Krupa is counsel in the Environmental, the Energy & Emissions Trading and the Commercial Real Estate Groups in the firm's Toronto office. He is Co-Chair of the firm's Environmental Law Group. He specializes in the areas of environmental, energy, natural resources and mining law and government relations. Henry was the Director of Legal Services for the Ontario Ministries of the Environment and Energy before returning to private practice.

Henry Krupa has significant experience advising both the public and private sectors on a broad range of matters that have environmental, energy-related or natural resources development issues and concerns.

As the Ontario government's senior legal advisor on environment and energy matters, Henry played a leading role in every major environmental and energy issue in the Province, many with national and international significance. He has been involved in developing virtually every provincial policy and law that will govern the environmental and energy sectors for the foreseeable future. He has advised Premiers, Cabinet Ministers, Cabinet Committees, senior civil servants and senior executives of provincially-owned commercial enterprises, crown corporations, agencies and administrative tribunals. His extensive contacts and unique knowledge of the workings of government assist his clients in resolving legal issues effectively and efficiently.

Henry has also advised a wide range of industrial, commercial, institutional and individual clients on compliance and regulatory, transactional, project development and Brownfields redevelopment and litigation matters. His expertise covers a variety of sectors including aggregate resources, agriculture, clean energy and renewable energy technologies, First Nations, financial, forestry and natural resources, greenhouse gas control technologies, local utilities, mining and metal smelters, municipal government, petrochemical, receivers and/ trustees-in-bankruptcy, transportation and logistics and waste management.

Henry attained a Master of Laws (LL.M.) with honours in Environment, Energy and Natural Resources Law and Policy. He received his legal education in Canada, England and Scotland, and has taught at law schools in Canada, United States and the United Kingdom. He is a published author on several environmental- and energy-focused topics.

Representative Matters

Henry Krupa has provided counsel and leadership on a large number of high profile issues, including:

  • Electricity Market Opening, energy and electricity consumer protection, energy and electricity supply and cost and rate issues, transmission lines, and inter-provincial power purchases;
  • National Energy Board (NEB) and Ontario Energy Board (OEB) applications and appeals;
  • OEB performance issues;
  • Hydro One (H1) governance and privatization;
  • Ontario Power Generation (OPG) governance;
  • August 2003 Power Outage;
  • Walkerton water contamination incident;
  • O'Connor Commission of Inquiry into the Contamination of Water at Walkerton;
  • Crown Corporations including the Independent Electricity System Operator (IESO);
  • High profile appeals and judicial reviews, including the Richmond Landfill Terms of Reference;
  • Class Environmental Assessments (EA) including the Electricity Sector Class EA for a deregulated marketplace (Electricity Projects Regulation O. Reg. 116/01), Class EA for Minor Transmission Facilities, Conservation Ontario Class EA for Remedial Flood and Erosion Control Projects, MNR Class EA for Provincial Parks and Conservation Reserves, GO Transit Class EA, and the mandatory review of the Timbre Class EA;
  • Individual EAs including the Peterborough Landfill Site Expansion, Niagara People Mover Transit System, KMS Peel Inc. Energy From Waste Facility, Hwy 400 - Hwy 404 Extension Link, West Nipissing Area Waste Management Master Plan, Hwy 404 Extension, Victoria County Landfill, Trail Waste Facility Landfill Optimization Project;
  • Aboriginal and other stakeholder/regulated community issues; and
  • Class Actions and other civil suits, judicial reviews and statutory appeals to the Minister.

Henry has provided successful senior leadership on policy, governance, management and operational issues involving provincially-owned enterprises, including OPG and H1; tribunals, including the ERT and the OEB; agencies, including the Ontario Clean Water Agency; trusts, including the Clean Water Trust; and national associations, including the Council of Ministers of the Environment.

He has also provided counsel and leadership for the implementation of a wide variety of policies, programs and initiatives, including:

  • Energy/Electricity market initiatives, such as the Energy Competition Act, 1998, Electricity Act, 1998, Ontario Energy Board Act, 1998; Ontario's Electricity Market Rules, Reliable Energy and Consumer Protection Act, 2002, Electricity Pricing, Conversation Conservation and Supply Act, 2002, Hydro One Inc. Directors and Officers Act, 2002, Ontario Energy Board Consumer Protection and Governance Act, 2003, Ontario Energy Board Act and Ontario Energy Board Amendment Act (Electricity Pricing), 2003, Electricity Restructuring Act, 2004 and numerous associated regulations; and
  • Environmental initiatives, including emissions trading and numerous other air emissions initiatives, Brownfields Law Statute Amendment Act and regulations, Nutrient Management Act, source protection and clean water legislation, Sustainable Water and Sewage Systems Act, Safe Drinking Water Act, Ontario Water Resources Act amendments and regulations, Waste Management Act, 1992 amendments, Waste Diversion Act, 2002 and waste management and land disposal restrictions regulations, Pesticides Act amendments, Oak Ridges Moraine Conservation Act and greenbelt protection legislation, Adams Mine Lake Act, 2004 Environmental enforcement and administrative penalties legislation such as the Toughest Environmental Penalties Act and environmental penalties, implementation of Environmental Statute Law Amendment Act, 1998 ("superpowers"), compliance guidelines, approval process review, environmental approval and assessment procedures and numerous associated regulations, Environmental Review Tribunal Act amendments, coal-fired electricity generation plant closures, i.e. Lakeview Generating Station O.Reg. 396/01, new and clean/alternative energy supplies, Kyoto/climate change initiatives, implementation of the O'Connor Commission's recommendations, and the Drive Clean Program (North America's largest emissions testing program with 3000+ providers and C$400+ million/year sales).

Henry successfully led and advised on an extremely demanding program delivery stratagem involving an unprecedented number of RFI/RFQ/RFP/Bid solicitations, contract negotiations and approvals and commercial transactions; and a variety of national and sub-national agreements.

Henry's compliance and regulatory experience includes being responsible for a number of significant prosecutions, administrative hearings and actions before the Environmental Review Tribunal (ERT), Provincial Court, Divisional Court, the Court of Appeal, the Supreme Court of Canada and the U.S. Federal and Supreme Courts.

He has led an extremely aggressive and unprecedented compliance and regulatory stratagems. An inventory of compliance and enforcement activities for one year provides the following approximate numbers: the Crown's Charge Screening assessment of 400 Crown Prosecution Briefs, 300 prosecutions under Part III of the Ontario Provincial Offences Act (POA), 2600 POA Part I prosecutions and 200 administrative hearings, and the successful defence of a noteworthy Crown v. Crown prosecution [R. v. Ontario (Ministry of the Environment)].

Henry has extensive involvement as environment counsel on remediations, decommissionings and the purchase of Brownfields and other lands for re-development for industrial, commercial, office, residential and recreational uses. His expertise in these matters includes due diligence investigations and assistance in the preparation and negotiation of offering documents, structuring, conceptual remediation plans, development plans and legal documents and legal opinions, Records of Site Condition (full-depth generic, background and risk-based), and zoning and official plan amendments and site plan approvals.

He has had significant involvement with a number of complex development projects, including representing the Canadian-based subsidiary of a major North American commercial real estate development and construction services company on offers the purchase and the remediation plans of lands from a U.S.-based steel company, a former automotive plant of a U.S car company, the Ontario operations of a global manufacturing and technology company and the historic production site for a global consumer products manufacture; the remediation of Tudhope Transport properties and the Seaboard/Harmac Transportation purchase of Tudhope and the subsequent development of the property for an institutional; the decommissioning of the McCoy Foundries' landfill; numerous and the development of a resource-based production facility.

Henry has extensive experience negotiating agreements with governments and obtaining regulatory approvals. He has negotiated timbre privileges and agreements for the supply of Crown timbre and he has obtained forestry mill licenses. He has also taken on a senior leadership role and has had extensive involvement as environment counsel on a wide assortment of permit approval matters ranging over all media and a variety of sectors. These include environmental assessments and regulatory approvals, such as air emissions, waste management systems, transport and disposal, landfills and landfill closers, permits to take and to de-water, sewage systems, drinking water systems, aggregate extraction and risked-based Records of Site Condition for the industrial, energy/electricity, waste management, transportation, mining and aggregate and property development sectors, including:

  • Acting for an international retailer in regards environmental and occupational health and safety matters arising from the operations, development, closure and decommissioning of facilities across Canada.
  • Acting for a large international resource-based corporation in the lengthy mediation and settlement negotiations with Ball Corporation, Tembec Inc. and the Ontario Ministry of the Environment and Environment Canada regarding the historic contamination of the former Marathon Pulp Mill and Peninsula Harbour, Lake Superior and landfill closures near Marathon, Ontario.
  • Advised Teck Resources Limited in debt offerings in the United States under MJDS of US$1.75 billion in aggregate principal amount of senior unsecured notes in August 2012, US$1.0 billion in aggregate principal amount of senior unsecured notes in February 2012, US$2.0 billion in aggregate principal amount of senior unsecured notes in July 2011, US$1.45 billion in aggregate principal amount of senior unsecured notes in August and September 2010 and in a private placement financing in the U.S. and Canada of US$4.225 billion in aggregate principal amount of senior secured notes in 2009.
  • Acting for Georgia-Pacific LLC's in its acquisition of Grant Forest Products Inc.'s oriented strand board (OSB) facilities in Canada and the U.S. Responsibilities including the negotiation of a Supply Agreement with the Province of Ontario for Crown timbre, obtaining a forest resource processing facility license and numerous forest resource licenses, rationalizing and obtaining all air and landfill approvals, and developing a strategy to ensure that the operations are in full compliance with environmental laws and regulations.
  • Acting for McCoy Foundries in its land fill closure application and Clublink in its application for acceptance into the Ontario Environmental Leadership Program. Responsibilities included devising a strategy for dealing with the Ministry of the Environment and municipalities and stakeholder groups, interacting with and advising professional consultants, drafting of application documents and negotiating with the Ministry.
  • Acting for Clublink at a number of its facilities including the C$220 million Wyndance Golf and Country Club and condominiums project by Clublink and Empire Communities and the Rocky Crest Golf Club and Lakeside at Rocky Crest condominiums and time-share development. Responsibilities included municipal and environmental approvals including assistance in the negotiation and drafting of a sewage/water responsibility agreements.
  • Henry has comprehensive experience dealing with the development and regulation of energy projects. He has advised on approvals and applications, rates and IESO markets and compliance. As the province's senior energy counsel, he advised on legislation and regulations that govern all aspects of the energy sector and on NEB applications and appeals, aboriginal consultations and on the procurement of energy though the RFP process. He has acted for a number of alternative and renewable energy generators in the wind, solar, geothermal and biomass sectors, and has been involved in the development, construction, financing, real estate, power purchase and regulatory processes. This includes the development of a number of wind-farm projects and solar energy sources.

Henry advises across a range of climate-change-related matters including alternative ways of addressing carbon dioxide emissions such as Carbon Capture and Storage. His climate change law and policy practice assists clients with the challenges and opportunities emerging from regulatory and corporate responses to climate change. He advises both regulated entities and companies that are not subject to emission reduction obligations that are seeking to gain experience and other benefits from reducing or offsetting their greenhouse gas emissions.

Presentations

Protecting Against Risk in a Climate of Enhanced Environmental Enforcement: What Will Draw the Attention of the Regulator and How Penalties are Determined

Publications

Land Use Compatibility

News

Canadian Counsel to Scientific Games in its acquisition of NYX Gaming Group
McMillan helps complete the cross-border sale of assets of Montreal, Maine & Atlantic railway
McMillan partners contribute to global mining resource guidebook

Education

  • University of Ottawa, LLB - 1987
  • London School of Economics and Political Science - 1990
  • University College London - 1991
  • University of London, LLM (Distinction) - 1992
  • Universities of Dundee and St. Andrews, Centre for Energy, Petroleum and Mineral Law and Policy - 1992

Year Of Call

  • Called to the Ontario bar - 1989

Practices

environmental regulation
business law

Industries

energy
mining

Directorships and Professional Associations

  • Canadian Bar Association
  • Environmental Law Executive, Ontario Bar Association, (2000 – 2004)
  • Canadian Association of Law Teachers
  • The Bentham Society (England)

Teaching Engagements

  • Henry Krupa was an Adjunct Professor at the University of Western Ontario and has lectured at the Professional Development and part-time LL.M. programs at Osgoode Hall Law School.
vcard

Henry Krupa is counsel in the Environmental, the Energy & Emissions Trading and the Commercial Real Estate Groups in the firm's Toronto office. He is Co-Chair of the firm's Environmental Law Group. He specializes in the areas of environmental, energy, natural resources and mining law and government relations. Henry was the Director of Legal Services for the Ontario Ministries of the Environment and Energy before returning to private practice.

Henry Krupa has significant experience advising both the public and private sectors on a broad range of matters that have environmental, energy-related or natural resources development issues and concerns.

As the Ontario government's senior legal advisor on environment and energy matters, Henry played a leading role in every major environmental and energy issue in the Province, many with national and international significance. He has been involved in developing virtually every provincial policy and law that will govern the environmental and energy sectors for the foreseeable future. He has advised Premiers, Cabinet Ministers, Cabinet Committees, senior civil servants and senior executives of provincially-owned commercial enterprises, crown corporations, agencies and administrative tribunals. His extensive contacts and unique knowledge of the workings of government assist his clients in resolving legal issues effectively and efficiently.

Henry has also advised a wide range of industrial, commercial, institutional and individual clients on compliance and regulatory, transactional, project development and Brownfields redevelopment and litigation matters. His expertise covers a variety of sectors including aggregate resources, agriculture, clean energy and renewable energy technologies, First Nations, financial, forestry and natural resources, greenhouse gas control technologies, local utilities, mining and metal smelters, municipal government, petrochemical, receivers and/ trustees-in-bankruptcy, transportation and logistics and waste management.

Henry attained a Master of Laws (LL.M.) with honours in Environment, Energy and Natural Resources Law and Policy. He received his legal education in Canada, England and Scotland, and has taught at law schools in Canada, United States and the United Kingdom. He is a published author on several environmental- and energy-focused topics.

Henry Krupa has provided counsel and leadership on a large number of high profile issues, including:

  • Electricity Market Opening, energy and electricity consumer protection, energy and electricity supply and cost and rate issues, transmission lines, and inter-provincial power purchases;
  • National Energy Board (NEB) and Ontario Energy Board (OEB) applications and appeals;
  • OEB performance issues;
  • Hydro One (H1) governance and privatization;
  • Ontario Power Generation (OPG) governance;
  • August 2003 Power Outage;
  • Walkerton water contamination incident;
  • O'Connor Commission of Inquiry into the Contamination of Water at Walkerton;
  • Crown Corporations including the Independent Electricity System Operator (IESO);
  • High profile appeals and judicial reviews, including the Richmond Landfill Terms of Reference;
  • Class Environmental Assessments (EA) including the Electricity Sector Class EA for a deregulated marketplace (Electricity Projects Regulation O. Reg. 116/01), Class EA for Minor Transmission Facilities, Conservation Ontario Class EA for Remedial Flood and Erosion Control Projects, MNR Class EA for Provincial Parks and Conservation Reserves, GO Transit Class EA, and the mandatory review of the Timbre Class EA;
  • Individual EAs including the Peterborough Landfill Site Expansion, Niagara People Mover Transit System, KMS Peel Inc. Energy From Waste Facility, Hwy 400 - Hwy 404 Extension Link, West Nipissing Area Waste Management Master Plan, Hwy 404 Extension, Victoria County Landfill, Trail Waste Facility Landfill Optimization Project;
  • Aboriginal and other stakeholder/regulated community issues; and
  • Class Actions and other civil suits, judicial reviews and statutory appeals to the Minister.

Henry has provided successful senior leadership on policy, governance, management and operational issues involving provincially-owned enterprises, including OPG and H1; tribunals, including the ERT and the OEB; agencies, including the Ontario Clean Water Agency; trusts, including the Clean Water Trust; and national associations, including the Council of Ministers of the Environment.

He has also provided counsel and leadership for the implementation of a wide variety of policies, programs and initiatives, including:

  • Energy/Electricity market initiatives, such as the Energy Competition Act, 1998, Electricity Act, 1998, Ontario Energy Board Act, 1998; Ontario's Electricity Market Rules, Reliable Energy and Consumer Protection Act, 2002, Electricity Pricing, Conversation Conservation and Supply Act, 2002, Hydro One Inc. Directors and Officers Act, 2002, Ontario Energy Board Consumer Protection and Governance Act, 2003, Ontario Energy Board Act and Ontario Energy Board Amendment Act (Electricity Pricing), 2003, Electricity Restructuring Act, 2004 and numerous associated regulations; and
  • Environmental initiatives, including emissions trading and numerous other air emissions initiatives, Brownfields Law Statute Amendment Act and regulations, Nutrient Management Act, source protection and clean water legislation, Sustainable Water and Sewage Systems Act, Safe Drinking Water Act, Ontario Water Resources Act amendments and regulations, Waste Management Act, 1992 amendments, Waste Diversion Act, 2002 and waste management and land disposal restrictions regulations, Pesticides Act amendments, Oak Ridges Moraine Conservation Act and greenbelt protection legislation, Adams Mine Lake Act, 2004 Environmental enforcement and administrative penalties legislation such as the Toughest Environmental Penalties Act and environmental penalties, implementation of Environmental Statute Law Amendment Act, 1998 ("superpowers"), compliance guidelines, approval process review, environmental approval and assessment procedures and numerous associated regulations, Environmental Review Tribunal Act amendments, coal-fired electricity generation plant closures, i.e. Lakeview Generating Station O.Reg. 396/01, new and clean/alternative energy supplies, Kyoto/climate change initiatives, implementation of the O'Connor Commission's recommendations, and the Drive Clean Program (North America's largest emissions testing program with 3000+ providers and C$400+ million/year sales).

Henry successfully led and advised on an extremely demanding program delivery stratagem involving an unprecedented number of RFI/RFQ/RFP/Bid solicitations, contract negotiations and approvals and commercial transactions; and a variety of national and sub-national agreements.

Henry's compliance and regulatory experience includes being responsible for a number of significant prosecutions, administrative hearings and actions before the Environmental Review Tribunal (ERT), Provincial Court, Divisional Court, the Court of Appeal, the Supreme Court of Canada and the U.S. Federal and Supreme Courts.

He has led an extremely aggressive and unprecedented compliance and regulatory stratagems. An inventory of compliance and enforcement activities for one year provides the following approximate numbers: the Crown's Charge Screening assessment of 400 Crown Prosecution Briefs, 300 prosecutions under Part III of the Ontario Provincial Offences Act (POA), 2600 POA Part I prosecutions and 200 administrative hearings, and the successful defence of a noteworthy Crown v. Crown prosecution [R. v. Ontario (Ministry of the Environment)].

Henry has extensive involvement as environment counsel on remediations, decommissionings and the purchase of Brownfields and other lands for re-development for industrial, commercial, office, residential and recreational uses. His expertise in these matters includes due diligence investigations and assistance in the preparation and negotiation of offering documents, structuring, conceptual remediation plans, development plans and legal documents and legal opinions, Records of Site Condition (full-depth generic, background and risk-based), and zoning and official plan amendments and site plan approvals.

He has had significant involvement with a number of complex development projects, including representing the Canadian-based subsidiary of a major North American commercial real estate development and construction services company on offers the purchase and the remediation plans of lands from a U.S.-based steel company, a former automotive plant of a U.S car company, the Ontario operations of a global manufacturing and technology company and the historic production site for a global consumer products manufacture; the remediation of Tudhope Transport properties and the Seaboard/Harmac Transportation purchase of Tudhope and the subsequent development of the property for an institutional; the decommissioning of the McCoy Foundries' landfill; numerous and the development of a resource-based production facility.

Henry has extensive experience negotiating agreements with governments and obtaining regulatory approvals. He has negotiated timbre privileges and agreements for the supply of Crown timbre and he has obtained forestry mill licenses. He has also taken on a senior leadership role and has had extensive involvement as environment counsel on a wide assortment of permit approval matters ranging over all media and a variety of sectors. These include environmental assessments and regulatory approvals, such as air emissions, waste management systems, transport and disposal, landfills and landfill closers, permits to take and to de-water, sewage systems, drinking water systems, aggregate extraction and risked-based Records of Site Condition for the industrial, energy/electricity, waste management, transportation, mining and aggregate and property development sectors, including:

  • Acting for an international retailer in regards environmental and occupational health and safety matters arising from the operations, development, closure and decommissioning of facilities across Canada.
  • Acting for a large international resource-based corporation in the lengthy mediation and settlement negotiations with Ball Corporation, Tembec Inc. and the Ontario Ministry of the Environment and Environment Canada regarding the historic contamination of the former Marathon Pulp Mill and Peninsula Harbour, Lake Superior and landfill closures near Marathon, Ontario.
  • Advised Teck Resources Limited in debt offerings in the United States under MJDS of US$1.75 billion in aggregate principal amount of senior unsecured notes in August 2012, US$1.0 billion in aggregate principal amount of senior unsecured notes in February 2012, US$2.0 billion in aggregate principal amount of senior unsecured notes in July 2011, US$1.45 billion in aggregate principal amount of senior unsecured notes in August and September 2010 and in a private placement financing in the U.S. and Canada of US$4.225 billion in aggregate principal amount of senior secured notes in 2009.
  • Acting for Georgia-Pacific LLC's in its acquisition of Grant Forest Products Inc.'s oriented strand board (OSB) facilities in Canada and the U.S. Responsibilities including the negotiation of a Supply Agreement with the Province of Ontario for Crown timbre, obtaining a forest resource processing facility license and numerous forest resource licenses, rationalizing and obtaining all air and landfill approvals, and developing a strategy to ensure that the operations are in full compliance with environmental laws and regulations.
  • Acting for McCoy Foundries in its land fill closure application and Clublink in its application for acceptance into the Ontario Environmental Leadership Program. Responsibilities included devising a strategy for dealing with the Ministry of the Environment and municipalities and stakeholder groups, interacting with and advising professional consultants, drafting of application documents and negotiating with the Ministry.
  • Acting for Clublink at a number of its facilities including the C$220 million Wyndance Golf and Country Club and condominiums project by Clublink and Empire Communities and the Rocky Crest Golf Club and Lakeside at Rocky Crest condominiums and time-share development. Responsibilities included municipal and environmental approvals including assistance in the negotiation and drafting of a sewage/water responsibility agreements.
  • Henry has comprehensive experience dealing with the development and regulation of energy projects. He has advised on approvals and applications, rates and IESO markets and compliance. As the province's senior energy counsel, he advised on legislation and regulations that govern all aspects of the energy sector and on NEB applications and appeals, aboriginal consultations and on the procurement of energy though the RFP process. He has acted for a number of alternative and renewable energy generators in the wind, solar, geothermal and biomass sectors, and has been involved in the development, construction, financing, real estate, power purchase and regulatory processes. This includes the development of a number of wind-farm projects and solar energy sources.

Henry advises across a range of climate-change-related matters including alternative ways of addressing carbon dioxide emissions such as Carbon Capture and Storage. His climate change law and policy practice assists clients with the challenges and opportunities emerging from regulatory and corporate responses to climate change. He advises both regulated entities and companies that are not subject to emission reduction obligations that are seeking to gain experience and other benefits from reducing or offsetting their greenhouse gas emissions.

December 2013
Land Use Compatibility
The Commons Institute - Practitioner Panels on Municipal Law
May 2012
Minerals and Mining – Canada Chapter
Globe Law and Business
Co-authored by Robin Junger, Henry Krupa, Laurel Petryk and Darrell Podowski
October 2012
Protecting Against Risk in a Climate of Enhanced Environmental Enforcement: What Will Draw the Attention of the Regulator and How Penalties are Determined
Environmental Law and Regulation in Ontario conference, The Canadian Institute, Toronto