Jody L. Wivcharuk 

Partner

Jody L. Wivcharuk

Calgary
TD Canada Trust Tower, Suite 1700
421 7th Avenue S.W.
Calgary, Alberta T2P 4K9

t: 403.531.8733
e: jody.wivcharuk@mcmillan.ca

overview


Jody Wivcharuk is a Partner in the Oil & Gas Regulatory Group in Calgary with over 20 years of industry experience. Highlight’s of Jody’s expertise include:

  • Extensive Oil and Gas transactional experience, including the acquisition and disposition of both assets and companies;
  • Involvement in developing a wide variety of energy projects, including joint ventures, partnerships and other business combination structures for both conventional and unconventional resources;
  • Understanding and experience with the negotiation of a wide variety of corporate and commercial agreements commonly used by the energy sector;
  • Advising Oil and Gas clients regularly on regulatory compliance matters;
  • Securing regulatory approvals for mergers from federal regulatory authorities, including the Competition Bureau, the Investment Review Division of Innovation, Science and Economic Development Canada and Investment Canada;
  • Industry experience extending to the upstream, midstream and downsteam sectors with clients representing a wide array of sub-sectors, including smaller start-up companies to larger national and international companies such as Oil and Gas producers, midstream companies, mining companies, cleantech companies, equipment manufacturers, service companies, marketing and trading companies and private capital sponsors.

Representative Matters

  • Acted for Westmoreland Coal Company and its Canadian subsidiaries in its sale of Canadian mining assets to the First Lien Creditors (now Westmoreland Mining LLC)
  • Represented Wolverine Energy and Infrastructure Inc. in its purchase of the Western Canadian Environmental Services Business from a Canadian public oil and gas company and the subsequent sale of the Saskatchewan Environmental Services Business to a private Saskatchewan company
  • Acted for ARC Resources Ltd. in the sale of its Redwater oil and gas assets in Alberta to a private Alberta company
  • Acted for International Petroleum Corporation in the purchase of its oil and gas assets in the Suffield/Alderson areas of Alberta from Cenovus Energy Inc.
  • Acted for ARC Resources Ltd. in the sale of its Saskatchewan oil and gas assets to Spartan Energy Corp.
  • Represented Athabasca Oil Corp. in the formation of a light oil joint venture with Murphy Oil Company Ltd. for the development of Athabasca Oil Corp.'s Kaybob Duvernay lands and Placid Montney lands in Alberta
  • Dissolved multiple oil and gas partnerships of numerous Canadian public oil and gas companies
  • Represented Encana Corporation in the sale of its Clearwater assets in Alberta, including approximately 1.2 million acres of land and over 6,800 producing natural gas wells, to Ember Resources Inc.
  • Acted for Penn West Petroleum Ltd. (now Obsidian Energy Ltd.) in its multiple sales of non-core assets worth over $1 billion, including its sale of assets in south central Alberta to NAL Resources Ltd.
  • Represented Canadian Natural Resources Limited in the purchase of Devon Energy Corp.'s Canadian conventional assets, excluding Devon Energy Corp.'s Horn River and the heavy oil properties
  • Acted for Encana Corporation in its proposed sale of a 50% interest in its Cutbank Ridge gas assets to Petrochina International Investment Company Limited, including joint venture agreements
  • Acted for Progress Energy Canada Ltd. in its purchase of part of Talisman Energy Ltd.'s Montney acreage in northeast British Columbia
  • Acted for Downtown Resources Ltd. (the general partner) in the formation of a limited partnership for purpose of investing funds contributed by the limited partners into undeveloped oil and gas properties to sell to producers in exchange for royalties
  • Acted for Canadian Natural Resources Limited in its purchase of Barrick Energy Inc.
  • Represented Progress Energy Resources Corporation in its sale to PETRONAS Carigali Canada Ltd.
  • Represented Encana Corporation in its partnership with Mitsubishi Corporation for the development of Encana Corporation's Cutbank Ridge undeveloped lands in British Columbia
  • Represented Progress Energy Resources Corporation in the sale of 50% of its interest in its Altares, Lily and Kahta oil and gas properties ("North Montney Assets") to PETRONAS International Corporation Ltd. and the formation of the North Montney Upstream Joint Venture with PETRONAS International Corporation Ltd. for the development of the North Montney Assets and the formation of the LNG Export Project Joint Venture with PETRONAS International Corporation Ltd. for the development of LNG export facilities
  • Acted for NuVista Energy Ltd. in the partnership rationalization with Bonavista Petroleum Ltd. pursuant to which NuVista Energy Ltd. and Bonavista Petroleum Ltd. split the assets held through NuVista Energy and NuVista Resources Partnership
  • Converted multiple trusts into corporations for numerous Canadian public oil and gas companies
  • Acted for ARC Resources Trust in its sale of oil and gas assets in the Westerose, Gilby and Garrington areas of Alberta to OMERS Energy and Superman Resources
  • Represented Penn West Energy Trust (now Obsidian Energy Ltd.) in the formation of Peace River Oil Partnership with China Investment Corporation for the development of Penn West Energy Trust's bitumen assets in Peace River area of northern Alberta
  • Represented Harvest Energy Trust in its sale to Korea National Oil Corporation by Plan of Arrangement
  • Represented ARC Resources Trust in the purchase of Petrobakken GP No.1 from Petrobakken Energy Ltd.
  • Acted for CCS Income Trust in its going private transaction with an investor group
  • Represented CCS Income Trust in its purchase of a large number of well servicing rigs and related equipment and inventory assets from multiple related companies
  • Acted for Canadian Natural Resources Limited in its purchase of interests in Petrovera Resources, a Western Canadian heavy oil venture, from EnCana Corporation and the subsequent sale of non-core assets to Penn West Petroleum Ltd. (now Obsidian Energy Ltd.)

Education

  • University of Saskatchewan, Bachelor of Laws - 1998
  • University of Saskatchewan, Bachelor of Arts (with Great Distinction), Political Science - 1994

Practices

business law
competition and antitrust
environmental regulation
foreign investment review
mergers
mergers and acquisitions
regulatory compliance

Industries

cleantech
energy
infrastructure
natural resources
oil and gas
renewables

Directorships and Professional Associations

  • Member of Law Society of Alberta
  • Member of Canadian Bar Association
  • Member of Calgary Bar Association
  • Member and Former Director-at-Large, Legal, of Petroleum Joint Venture Association
  • Member of Canadian Energy Law Foundation

Teaching Engagements

  • Co-presenter, Legal Strategies in Mergers and Acquisitions, Legal Education Society of Alberta Seminar
  • Presenter, Updates and Changes: Recent Amendments to the Investment Canada Act and their Implications within the Petroleum and Natural Gas Sector, CBA Alberta Branch Natural Resources Law Section
  • Panel Member, At the Crossroads: The Uncertainty of SOE Investment in Canada's Resources Sector, Client Seminar
  • Panel Member, Doing Business with Pacific Rim Participants, Client Seminar
  • Course instructor in Freehold Lessor Estates for Canadian Association of Petroleum Land Administrators

Community Involvement

  • Jody volunteers her time with Global Familymed Foundation, which is a Canadian not-for-profit that strives to help build capacity for access to better health care training in developing countries.

Awards & Rankings

  • Named in The Legal 500 Canada as a recommended Energy lawyer in Canada, 2018
  • Named in Acritas Star as a leading lawyer, 2018 and 2019

Media Mentions

  • Globe and Mail Report on Business interview of Jody on Shell & BG Merger: What Does It Mean for B.C.'s LNG Projects
vcard


Jody Wivcharuk is a Partner in the Oil & Gas Regulatory Group in Calgary with over 20 years of industry experience. Highlight’s of Jody’s expertise include:

  • Extensive Oil and Gas transactional experience, including the acquisition and disposition of both assets and companies;
  • Involvement in developing a wide variety of energy projects, including joint ventures, partnerships and other business combination structures for both conventional and unconventional resources;
  • Understanding and experience with the negotiation of a wide variety of corporate and commercial agreements commonly used by the energy sector;
  • Advising Oil and Gas clients regularly on regulatory compliance matters;
  • Securing regulatory approvals for mergers from federal regulatory authorities, including the Competition Bureau, the Investment Review Division of Innovation, Science and Economic Development Canada and Investment Canada;
  • Industry experience extending to the upstream, midstream and downsteam sectors with clients representing a wide array of sub-sectors, including smaller start-up companies to larger national and international companies such as Oil and Gas producers, midstream companies, mining companies, cleantech companies, equipment manufacturers, service companies, marketing and trading companies and private capital sponsors.
  • Acted for Westmoreland Coal Company and its Canadian subsidiaries in its sale of Canadian mining assets to the First Lien Creditors (now Westmoreland Mining LLC)
  • Represented Wolverine Energy and Infrastructure Inc. in its purchase of the Western Canadian Environmental Services Business from a Canadian public oil and gas company and the subsequent sale of the Saskatchewan Environmental Services Business to a private Saskatchewan company
  • Acted for ARC Resources Ltd. in the sale of its Redwater oil and gas assets in Alberta to a private Alberta company
  • Acted for International Petroleum Corporation in the purchase of its oil and gas assets in the Suffield/Alderson areas of Alberta from Cenovus Energy Inc.
  • Acted for ARC Resources Ltd. in the sale of its Saskatchewan oil and gas assets to Spartan Energy Corp.
  • Represented Athabasca Oil Corp. in the formation of a light oil joint venture with Murphy Oil Company Ltd. for the development of Athabasca Oil Corp.'s Kaybob Duvernay lands and Placid Montney lands in Alberta
  • Dissolved multiple oil and gas partnerships of numerous Canadian public oil and gas companies
  • Represented Encana Corporation in the sale of its Clearwater assets in Alberta, including approximately 1.2 million acres of land and over 6,800 producing natural gas wells, to Ember Resources Inc.
  • Acted for Penn West Petroleum Ltd. (now Obsidian Energy Ltd.) in its multiple sales of non-core assets worth over $1 billion, including its sale of assets in south central Alberta to NAL Resources Ltd.
  • Represented Canadian Natural Resources Limited in the purchase of Devon Energy Corp.'s Canadian conventional assets, excluding Devon Energy Corp.'s Horn River and the heavy oil properties
  • Acted for Encana Corporation in its proposed sale of a 50% interest in its Cutbank Ridge gas assets to Petrochina International Investment Company Limited, including joint venture agreements
  • Acted for Progress Energy Canada Ltd. in its purchase of part of Talisman Energy Ltd.'s Montney acreage in northeast British Columbia
  • Acted for Downtown Resources Ltd. (the general partner) in the formation of a limited partnership for purpose of investing funds contributed by the limited partners into undeveloped oil and gas properties to sell to producers in exchange for royalties
  • Acted for Canadian Natural Resources Limited in its purchase of Barrick Energy Inc.
  • Represented Progress Energy Resources Corporation in its sale to PETRONAS Carigali Canada Ltd.
  • Represented Encana Corporation in its partnership with Mitsubishi Corporation for the development of Encana Corporation's Cutbank Ridge undeveloped lands in British Columbia
  • Represented Progress Energy Resources Corporation in the sale of 50% of its interest in its Altares, Lily and Kahta oil and gas properties ("North Montney Assets") to PETRONAS International Corporation Ltd. and the formation of the North Montney Upstream Joint Venture with PETRONAS International Corporation Ltd. for the development of the North Montney Assets and the formation of the LNG Export Project Joint Venture with PETRONAS International Corporation Ltd. for the development of LNG export facilities
  • Acted for NuVista Energy Ltd. in the partnership rationalization with Bonavista Petroleum Ltd. pursuant to which NuVista Energy Ltd. and Bonavista Petroleum Ltd. split the assets held through NuVista Energy and NuVista Resources Partnership
  • Converted multiple trusts into corporations for numerous Canadian public oil and gas companies
  • Acted for ARC Resources Trust in its sale of oil and gas assets in the Westerose, Gilby and Garrington areas of Alberta to OMERS Energy and Superman Resources
  • Represented Penn West Energy Trust (now Obsidian Energy Ltd.) in the formation of Peace River Oil Partnership with China Investment Corporation for the development of Penn West Energy Trust's bitumen assets in Peace River area of northern Alberta
  • Represented Harvest Energy Trust in its sale to Korea National Oil Corporation by Plan of Arrangement
  • Represented ARC Resources Trust in the purchase of Petrobakken GP No.1 from Petrobakken Energy Ltd.
  • Acted for CCS Income Trust in its going private transaction with an investor group
  • Represented CCS Income Trust in its purchase of a large number of well servicing rigs and related equipment and inventory assets from multiple related companies
  • Acted for Canadian Natural Resources Limited in its purchase of interests in Petrovera Resources, a Western Canadian heavy oil venture, from EnCana Corporation and the subsequent sale of non-core assets to Penn West Petroleum Ltd. (now Obsidian Energy Ltd.)
  • Moving the Goalposts for Alberta’s Oil & Gas Industry - World Financier, Co-Author

  • Common Carrier Applications – A Mythical Unicorn or a Real and Substantive Threat?, Co-Author

  • Important Changes to the Investment Canada Act, Co-Author

  • Nexen and PETRONAS: A Troubling Road Map for Foreign Investors - Oilsands Review

  • Revised Framework for Investments by State-Owned Enterprises: A Troubling Roadmap for Foreign Investors

  • Are Oil and Gas Lessees the Biggest Fans of the Perpetuities Act (Alberta)? If Not, Maybe They Should, Co-Author

  • Alberta’s Limitations Act - The Negotiator - Canadian Association of Petroleum Landmen