Philip K. Barton*


604 647 4143

*Personal Law Corporation

Shelley Sanghera
604 647 4172

Philip K. Barton, Lawyer at Boughton Law

Philip has a practical focus on business transactions; which is a direct result of an engineering background.  Philip has nearly 20 years in acquisition and finance transactions including credit facilities, project finance and construction financing.  Active clients include business owners, first nations and developers which are focused on electricity, oil & gas, construction and manufacturing. In addition, Philip has provided legal support to seven renewable power projects which represented over $600 million of capital expenditures (run-of-river and wind).  Philip previously practiced at a national firm in Calgary focused on finance and acquisitions.

Representative Transactions

  • Jointly represented 23 Alberta-based indigenous communities in their acquisition, for $1.1 billion, of an 11.57% equity interest in seven Enbridge-operated pipelines in the Athabasca region. This acquisition is the single largest indigenous energy transaction in North America. The pipeline assets are underpinned by long-term contracts and highly-predictable cash flows. The financing was completed with non-recourse debt and included a loan guarantee of $250 million from the Alberta Indigenous Opportunities Corporation. Athabasca Indigenous Investments Limited Partnership (Aii) is the special purpose partnership which, through a subsidiary, holds the 11.57% equity interest in the seven pipelines. The indigenous communities with partnership equity are eight First Nations of Treaty 6, five First Nations of Treaty 8, four Métis Settlements, three Métis Nations and three Métis Locals of the Métis Nation of Alberta Association.
  • Jointly represented 5 Alberta-based Indigenous Communities, through a newly formed partnership called Northern Lakeland Indigenous Alliance, in their acquisition of a 43% interest in the Access NGL Pipeline System, operated by Wolf Midstream Canada LP (Wolf Midstream). The pipeline system connects Wolf Midstream’s newly constructed, owned and operated NGL recovery facility near Mariana Lake to its NGL separation facility in Sturgeon County. The financing was completed with non-recourse debt and included a loan guarantee of $103 million from the Alberta Indigenous Opportunities Corporation.
  • Jointly represented eight First Nations and Métis communities in their acquisition and financing of 15% equity in the Northern Courier Pipeline Limited Partnership (which is a pipeline asset with a value of approximately $1.3 billion). This acquisition was unprecedented because of the number of participating Indigenous communities and was completed with non-recourse debt financing from ATB Financial and a loan guarantee of up to $40 million from the Alberta Indigenous Opportunities Corporation.
  • Represented Fort McKay First Nation and Mikisew Cree First Nation in their $503 million acquisition from Suncor Energy of a 49% interest in the East Tank Farm development (a bitumen and diluent storage, blending and cooling facility located 30 km north of Fort McMurray, Alberta) and with the associated $545 million financing by way of 4.136% senior secured notes rated Baa1 by Moody’s and BBB (high) by DBRS. At closing, the transaction represented the largest-ever business investment by a First Nation entity in Canada.
  • Jointly represented minority shareholders for the acquisition and financing to purchase all shares of the majority shareholder for $4 million
  • Represented Rokstad Power (a transmission line contractor) in obtaining over $100 million of credit facilities with Canadian Western Bank and with Crown Capital Partners.
  • Represented Travelers Capital, Industrial Alliance and Desjardins Financial in arranging $61 million of non-recourse project financing for construction of the 16 MW Box Canyon run-of-river hydropower project.
  • Represented Fort McKay First Nation in obtaining over $47 million of credit facilities with the Royal Bank of Canada.
  • Represented the vendors in a $7 million share sale of a manufacturing business.
  • Represented civil contractors to reorganize an $80 million general partnership for a hydropower construction project.
  • Completing numerous tax reorganizations, family trusts, shareholder’s agreements and general commercial contracts.

Speaking Engagements

“Legal Issues in Acquisitions and Acquisition Financing”; NAI Commercial, November 2016

Legal Issues of Project Finance and Acquisition Finance”; Small Hydro Canada 2014 Conference – Western Summit, April 2014

“Legal Issues in the Exit”; Surrey Board of Trade and Association of Corporate Growth – Financing, Buying and Selling Businesses, November 2012

Professional Activities

  • Member, Clean Energy BC
  • Member, Law Society of British Columbia and Law Society of Alberta