David McGillivray is an associate in Gowling WLG's Advocacy Group. He focuses his practice on multiple facets of administrative law, with an emphasis on energy and environmental regulation, as well as Indigenous law.
Energy and natural resources
David has extensive experience representing natural resource and energy sector participants in connection with complex regulatory proceedings arising from facility applications – including with respect to pipelines, transmission lines, power plants, and oil sands mining and SAGD operations. He has also acted on behalf of clients in respect of toll and tariff matters, cost of capital, and pipeline access issues.
His clients in these sectors particularly value his ability to help them navigate nuanced regulatory and permitting requirements throughout the full lifecycle of their projects, whether in the context of upstream, midstream, or downstream operations. David's specific experience in this area includes construction, operation, licence amendments/transfers/reorganizations, decommissioning, and the management of long-term liabilities.
Over the course of his career, David has appeared before a number of regulatory tribunals, including the Alberta Energy Regulator, Alberta Utilities Commission, Alberta Surface Rights Board, and Canada Energy Regulator (and various predecessors).
Environmental and indigenous law
David complements his natural resources and energy experience with a background in environmental law. His practice encompasses environmental and impact assessments, the management of contaminated sites, the protection of species at risk, the transportation of goods, waste management, land and water use, and the defence against enforcement proceedings.
David's work in Indigenous law routinely finds him advising on the duty to consult and established consultation processes, as well as the impact of projects on Treaty and Aboriginal rights and title. He also prepares and negotiates various forms of consultation capacity building agreements, as well as impact and benefit agreements.
In the context of municipal law, David has experience with development, land use, assessment, and policy development. He appears before municipal tribunals, as well as in court processes arising from them.
Product regulatory and administrative law
David also provides administrative law advice in the context of various other regulatory regimes, including with respect to product regulatory matters. In recent years, David has developed a breadth of knowledge on liquor, gaming, and cannabis regulatory regimes and permitting requirements across a number of Canadian jurisdictions.
David frequently serves as counsel in connection with litigation, arbitration, and judicial review proceedings arising from such administrative and regulatory processes.
Prior to joining Gowling WLG, David was legal counsel with a major multinational oil company, where he acted in connection with all manner of regulatory issues, as well as significant commercial litigation and arbitration matters.