Jody L. Wivcharuk*

JODY L. WIVCHARUK*

Categories: People, Lawyers

Jody Wivcharuk is recognized as a leading lawyer active in the oil and gas sector. With a practice that encompasses all aspects of business law and more than 20 years of experience, she has developed extensive expertise in mergers and acquisitions, regulatory compliance and matters relating to competition, antitrust and foreign investment law. Jody offers a wealth of knowledge to her clients and takes a client‑first approach to service, which is why her clients recommended her and she was named in Acritas Star as a stand‑out lawyer. She is recognized by Chambers and Partners and Best Lawyers in Canada as a leading lawyer in oil & gas and energy law.

Involved in the development of a variety of energy projects in Canada and internationally, Jody advises on joint ventures, partnerships and other business combination structures for conventional and unconventional resources, as well as renewables and mining. She also negotiates corporate and commercial agreements commonly used in the energy sector.

In addition to providing counsel on regulatory compliance at the municipal, provincial and federal levels, Jody secures approvals for mergers and investments from federal authorities including the Competition Bureau and the Investment Review Division of Innovation, Science and Economic Development Canada under the Competition Act and Investment Canada Act.

Jody’s clients include small start-ups, large national and international corporations and Crown corporations involved in the upstream, midstream, downstream and oilfield services sectors. They represent the full spectrum of the energy chain, from exploration and production to the processing and transportation of petroleum substances, including liquefied natural gas (LNG) and petrochemicals.

Email: [email protected]

Expertise: Business Law, Competition, Antitrust & Foreign Investment, Energy, Mergers & Acquisitions, Oil & Gas LinkedIn: https://www.linkedin.com/in/jody-wivcharuk-63934126

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

Directorships & Affiliations:

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 Member of Petroleum Acquisition & Divestment Association

Publications:

"Moving the Goalposts for Alberta’s Oil & Gas Industry," Financier Worldwide "Common Carrier Applications – A Mythical Unicorn or a Real and Substantive Threat?", Client publication "Nexen and PETRONAS: A Troubling Roadmap for Foreign Investors," Oilsands Review "Revised Framework for Investments by State-Owned Enterprises: A Troubling Roadmap for Foreign Investors," Client publication "Are Oil and Gas Lessees the Biggest Fans of the Perpetuities Act (Alberta)? If Not, Maybe They Should Be," The Negotiator - Canadian Association of Petroleum Landmen "New Rules for SOEs: Joint Venture Structures Don't Matter," Financier Worldwide

Education & Admissions: Degree: Called to the Alberta bar Year: 1999 ______Degree: LLB University: University of Saskatchewan

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

Rankings & Recognition:

Recognized by Chambers Canada (2022) as a leading lawyer in the area of Energy: Oil & Gas Recognized by Best Lawyers in Canada (2022) as a leading lawyer in the area of Energy Law Recognized in the 2021 Canadian Legal Lexpert Directory as a Repeatedly Recommended Lawyer in the area of Competition Law Recognized by the Best Lawyers in Canada (2021) as a leading lawyer in the area of Energy Law Named in The Legal 500 Canada as a recommended Energy lawyer in Canada, 2018 Named in Acritas Star as a leading lawyer, 2018, 2019 and 2021

Speaking Engagements: - Legal Strategies in Private Mergers and Acquisitions, Seminar of the Legal Education Society of Alberta, Co- 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, Speaker ______- At the Crossroads: The Uncertainty of SOE Investment in Canada's Resources Sector, Joint Hill + Knowlton Strategies Seminar, Panel member

Representative Matters:

Represented ARC Resources Ltd. in the export of its gas volumes to the USA Represented Canadian Development Investment Corporation in regards to its interest in the Hibernia

McMillan LLP | Vancouver | Calgary | Toronto | Ottawa | Montreal | Hong Kong | mcmillan.ca offshore oil project Represented Kogas Canada Energy Ltd. in regards to its interest in LNG Canada Represented Westmoreland Coal Company and its Canadian subsidiaries in its sale of Canadian mining assets to the first lien creditors 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 Represented ARC Resources Ltd. in the sale of its Redwater oil and gas assets in Alberta to a private Alberta company Represented International Petroleum Corporation in the purchase of its oil and gas assets in the Suffield/Alderson areas of Alberta from Cenovus Energy Inc. Represented 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 its Kaybob Duvernay lands and Placid Montney lands in Alberta Dissolved multiple oil and gas general partnerships for numerous Canadian public oil and gas companies Represented Encana Corporation (now Ovintiv Inc.) in the sale of its Clearwater assets in Alberta to Ember Resources Inc. Represented 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 Represented Encana Corporation (now Ovintiv Inc.) in its proposed sale of a 50% interest in its Cutbank Ridge gas assets to Petrochina International Investment Company Limited, including the joint venture agreements Represented Progress Energy Canada Ltd. (now PETRONAS Canada), in its purchase of part of Talisman Energy Ltd.'s Montney acreage in northeast British Columbia Represented Canadian Natural Resources Limited in its purchase of Barrick Energy Inc. Represented Progress Energy Resources Corporation (now PETRONAS Canada) in its sale to PETRONAS Carigali Canada Ltd. Represented Encana Corporation (now Ovintiv Inc.) in its partnership with Mitsubishi Corporation for the development of its Cutbank Ridge undeveloped lands in British Columbia Represented Progress Energy Resources Corporation (now PETRONAS Canada) in the sale of 50% of its interest in its North Montney Assets to PETRONAS International Corporation Ltd. and the formation of

McMillan LLP | Vancouver | Calgary | Toronto | Ottawa | Montreal | Hong Kong | mcmillan.ca 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 Represented NuVista Energy Ltd. in the partnership rationalization with Bonavista Petroleum Ltd. pursuant to which NuVista Energy Ltd. and Bonavista Petroleum Ltd. split the assets jointly held through NuVista Energy and NuVista Resources Partnership Converted multiple energy income trusts into corporations for numerous Canadian public oil and gas companies Represented ARC Resources Trust (now ARC Resources Ltd.) 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 ARC Resources Trust (now ARC Resources Inc.) in the purchase of Petrobakken GP No.1 from Petrobakken Energy Ltd. Represented CCS Income Trust (now Tervita Corporation) in its going private transaction with an investor group Represented CCS Income Trust (now Tervita Corporation) in its purchase of a large number of well servicing rigs and related equipment and inventory assets from multiple related companies Represented Canadian Natural Resources Limited in its purchase of interests in Petrovera Resources, a Western Canadian heavy oil venture, from EnCana Corporation (now Ovintiv Inc.) and the subsequent sale of non-core assets to Penn West Petroleum Ltd. (now Obsidian Energy Ltd.)

Teaching Engagements:

Course instructor in Freehold Lessor Estates for Canadian Association of Petroleum Land Administration

Industries: Energy, Oil & Gas

Practices: Business Law, Competition, Antitrust & Foreign Investment, Mergers & Acquisitions