Canadian Energy Perspectives Developments in Energy and Power Law

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Canadian Energy Perspectives

Court Dismisses Appeal Related to the Darlington Nuclear Refurbishment

Posted in Energy – Conventional, Nuclear, Projects
Ontario

On April 13, 2015, the Federal Court of Appeal dismissed the appeal related to the environmental assessment (“EA”) for the refurbishment and continued operation of the Darlington Nuclear Generating Facility (the “Project”). The appeal was from the Federal Court’s earlier decision dismissing a judicial review application related to the EA for the Project.… Continue Reading

Phase I of Ontario’s Large Renewable Procurement Process Concluded

Posted in Electricity, Energy – Renewable, Alternative and Clean, Ontario Independent Electricity System Operator, Power, Procurement, Projects
Ontario

The Independent Electricity Systems Provider (IESO) has announced that the 16 contracts offered on March 10, 2016 for Phase I of the Large Renewable Procurement process (LRP I) have now been signed and executed. The execution of the contracts concludes the LRP I process. Moving forward, contracted projects will be required to obtain all necessary licenses and approvals before they can be constructed and operated. These processes are separate from the IESO’s procurement activities and will involve additional community engagement.… Continue Reading

Ontario Launches Phase II of the Large Renewable Procurement Process

Posted in Electricity, Energy – Renewable, Alternative and Clean, Ontario Independent Electricity System Operator, Ontario Ministry of Energy, Power, Procurement, Project Finance
Ontario

The Ontario Ministry of Energy has announced the launch of the second phase of the Large Renewable Procurement (LRP) process (LRP II). The LRP is a competitive bid process for procuring large renewable energy projects in Ontario larger than 500 kilowatts.… Continue Reading

Politique énergétique 2030 du Québec (in French)

Posted in Projects, Québec, Québec Hydro-Québec, Régie de l’énergie
Québec

This article will be translated to English shortly.

Le gouvernement québécois a dévoilé aujourd’hui sa politique énergétique pour la période 2016-2030, intitulée « Politique énergétique 2030, L’énergie des Québécois – Source de croissance ». La Politique est le fruit de deux consultations populaires importantes qui ont eu lieu en 2013 et en 2015. Elle intervient à l’expiration de la politique précédente (2006-2015) et vise à énoncer une vision claire du gouvernement en matière de développement énergétique et à répondre à certaines préoccupations contemporaines.… Continue Reading

LRP I Results

Posted in Community Projects, Ontario Independent Electricity System Operator, Power, Procurement, Project Finance, Projects
Ontario

Today, the Independent Electricity Systems Operator (IESO) announced the results of the Large Renewable Procurement (LRP) I program. The LRP is a competitive bid process for procuring large renewable energy projects in Ontario generally larger than 500 kilowatts.

In response to 103 proposals received, the IESO offered 16 contracts representing 454.885 megawatts (MW) of renewable energy capacity. Of the successful proposals, 13 projects representing 336.8 MW include participation from one or more Aboriginal communities, including 5 projects with greater than 50% participation. More than 75% of the awarded proposals had received support from local municipalities with more than 60% support … Continue Reading

Focus on Project Finance, from Canadian Power: Key Developments in 2015/Trends to Watch for in 2016

Posted in Electricity, Energy – Renewable, Alternative and Clean, Independent Producers, Power, Project Finance, Projects

As part of our continuing series of blog posts highlighting specific topics addressed in our publication Canadian Power: Key Developments in 2015 /Trends to Watch for in 2016, we focus here on our analysis of developments and anticipated trends in Project Finance, including future opportunities in 2016.

The National Power Group at McCarthy Tétrault LLP recently released Canadian Power: Key Developments in 2015 /Trends to Watch for in 2016.  This publication provides an unprecedented overview of the most significant developments in the Canadian power industry and to highlight key trends to watch for.  In addition to providing … Continue Reading

Canadian Power: Key Developments in 2015/Trends to Watch for in 2016

Posted in Aboriginal, BC Hydro, Climate Change, Electricity, Energy – Renewable, Alternative and Clean, Federal, Ontario Independent Electricity System Operator, Power, Project Finance, Québec, Québec Hydro-Québec, Regulation

The National Power Group at McCarthy Tétrault LLP is pleased to introduce Canadian Power: Key Developments in 2015 /Trends to Watch for in 2016. This publication provides an unprecedented overview of the most significant developments in the Canadian power industry and highlights key trends to watch for.  In addition to providing a detailed review of developments in each region, we look at developments in key areas of national scope, including project finance, environmental, regulatory and aboriginal law matters.

A full pdf version of Canadian Power: Key Developments in 2015 / Trends to Watch for in 2016 can be accessed … Continue Reading

Update on Hydro-Québec Off-Grid Wind Farm RFP

Posted in Community Projects, Québec Hydro-Québec, Wind
Québec

Late in December 2015, Hydro-Québec Distribution (“HQD”) announced the postponement by one year of the deadline for submissions in response to its request for proposals (A/P 2015-01) (“RFP”) issued on October 23, 2015 for the development, building and operation of a 6 MW wind farm in the Îles-de-la-Madeleine, in Québec. The objective of this RFP is to integrate a wind farm into the off-grid system of the Îles-de-la-Madeleine, which would contribute to reducing Hydro-Québec’s use of its Cap-aux-Meules oil-fired thermal plant.… Continue Reading

Monetary Administrative Penalties: Previous Non-Compliances by an Affiliated Entity cannot be considered as an Aggravating Factor

Posted in Climate Change, Projects, Wind
Québec

On June 23, 2015, the Administrative Tribunal of Quebec (the “TAQ”) quashed a monetary administrative penalty (“MAP”) which had been imposed by the Ministry of Sustainable Development, Environment and the Fight against Climate Change (“MSDEFCC”) because of minor violations to a certificate of authorization.[1]Continue Reading

IESO Releases Addendum to LRP Contract

Posted in Electricity, Energy – Renewable, Alternative and Clean, Independent Producers, Ontario Independent Electricity System Operator, Ontario Power Authority, Power, Procurement, Projects, Purchase Agreements
Ontario

The IESO has released an addendum to the Large Renewable Procurement I Request for Proposals and Contract.

The amendments to the RFP and the Contract contained in the addenda clarify several matters that had been raised in respect of the LRP program, including:… Continue Reading

Minister of Energy Issues Direction to IESO Regarding FIT Priority Points

Posted in Electricity, Energy – Renewable, Alternative and Clean, Feed-in-Tariff, FIT, Micro-FIT, FIT 2.0, Independent Producers, Ontario Independent Electricity System Operator, Ontario Ministry of Energy, Ontario Power Authority, Power, Project Finance
Ontario

On April 7, 2015, the Minister of Energy issued a direction (the “Direction”) to the Independent Electricity System Operator (the “IESO”) directing it to make certain changes to the Feed-in Tariff (FIT) program, while noting there are no substantial changes to be made to the microFIT program in 2015. The Direction is effective as of April 7, 2015.

The Direction can be viewed here.… Continue Reading

IESO Discusses Feedback and Timeline of Large Renewable Energy Procurement I

Posted in Electricity, Energy – Renewable, Alternative and Clean, Ontario Independent Electricity System Operator, Ontario Power Authority, Power, Procurement, Projects
Ontario

Yesterday, the Independent Electricity System Operator (IESO) held an ‘industry dialogue’ meeting in Toronto, during which it discussed the feedback and comments it received on the draft contract and request for proposals (RFP) for the Large Renewable Procurement I (LRP).  The IESO shared some of the ‘key issues/common themes’ that it received during the comment period and also revealed that, due to the large number of comments received and to administrative issues related to the recent IESO/OPA merger (see our prior post), the timeline for releasing the final documentation for the LRP would be postponed for at least one … Continue Reading

IESO Discusses Enhancements to the Feed-in-Tariff Program

Posted in Electricity, Energy – Renewable, Alternative and Clean, Feed-in-Tariff, FIT, Micro-FIT, FIT 2.0, Ontario Independent Electricity System Operator, Ontario Power Authority, Power, Procurement, Projects
Ontario

Yesterday, the Independent Electricity System Operator (IESO) held an ‘industry dialogue’ meeting in Toronto, during which it discussed and sought feedback on the upcoming enhancements to the Feed-in-Tariff (FIT) program that were proposed in the discussion paper posted in early December.… Continue Reading

Demonstrating Harm: Statutory test for appealing wind turbine projects deemed constitutional by the Divisional Court

Posted in Power, Projects, Wind
Ontario

The approval of industrial wind turbine projects is often met with resistance from the communities in which the projects are to be built. Residents (or businesses) located in close proximity to project sites often challenge the location of a project on the basis that the turbines cause harm to human health or the environment.

Dixon v. Director, Ministry of the Environment is an important case, particularly for those tracking renewable energy or large-scale rural land development projects in Ontario. Dixon is an appeal of three decisions of the Environmental Review Tribunal to approve three wind turbine projects in Bruce and … Continue Reading

Top Ten Issues For Developers and Lenders Under the Ontario Power Authority Large Renewable Procurement I Contract

Posted in Biomass, Curtailment, Energy – Renewable, Alternative and Clean, Hydroelectric, Ontario Power Authority, Power, Procurement, Projects, Solar, Wind
Ontario

Following our recent blog posting on the release of the Ontario Power Authority (“OPA”) Draft LRP I RFP, LRP I Contract and draft Prescribed Forms released on November 17, 2014 here, we continue the tradition of year-end lists to bring our top ten issues under the draft LRP I Contract (the “Contract”).  … Continue Reading

New HEC Chair in Energy Sector Management

McCarthy Tétrault partners with HEC Montréal’s new Chair in Energy Sector Management

Posted in Energy – Conventional, Energy – Renewable, Alternative and Clean, Power, Project Finance
Québec

We are delighted to announce our partnership with HEC Montréal’s new Chair in Energy Sector Management, which is held by renowned expert on energy policy Professor Pierre-Olivier Pineau. The new Chair is dedicated to advancing knowledge of energy issues, with a view to  optimizing energy systems and ensuring that there are adequate energy sources to meet society’s needs. In its role as partner to the Chair, McCarthy Tétrault will contribute a total of $100,000 over a five-year period. Our very own Marc Dorion will serve on the Chair’s advisory committee.

You can find our press release is here and … Continue Reading

Clean Energy Pipeline Rankings

McCarthy Tétrault tops national league tables for renewable energy transactions

Posted in Awards and Recognitions, Biomass, Energy – Renewable, Alternative and Clean, Hydroelectric, Liquefied Natural Gas, Natural Gas, Project Finance, Solar, Tidal, Wind

The 2013 edition of the Clean Energy Canada Finance Guide is out, and we are pleased that we have again topped the Canadian league tables for renewable energy transactions. In particular, we are credited as having advised on:

  • the highest number of eligible project finance transactions: a total of 16 deals collectively valued at $2.9 billion
  • the highest number of eligible M&A, private equity and venture capital transactions: a total of 7 deals collectively valued at $2.09 billion

Clean Energy Pipeline, published by VB Research and based in London, UK, provides daily news and information about clean energy developments … Continue Reading

Québec’s New Regulation Regarding the Procurement of 450 MW of Wind Power

Posted in Aboriginal, Community Projects, Electricity, Energy – Renewable, Alternative and Clean, Energy Partnerships, Local Distribution, Policy, Power, Procurement, Projects, Québec Hydro-Québec, Regulation, Wind
Québec

On August 28, 2013, the Québec government published a draft regulation under An Act Respecting the Régie de l’énergie setting out a framework for the procurement of an initial 450‑MW block of wind power of the previously announced 800 MW of wind power to be procured.

In summary, the core provisions of the draft regulation deal with the following:… Continue Reading

Renewable Energy Project Finance in a post-FIT world

The FIT program is winding down – what’s next for project finance in Canada’s renewable power sector?

Posted in Electricity, Energy – Renewable, Alternative and Clean, Feed-in-Tariff, FIT, Micro-FIT, FIT 2.0, Liquefied Natural Gas, Power, Project Finance, Projects, Regulation
Ontario

Ontario’s feed-in-tariff (“FIT”) program has attracted billions of dollars in private-sector investment and resulted in a significant amount of project financing activity since its introduction in 2009. Yet with Ontario on track to procure 10,700 MW of non-hydro renewable energy by 2015, the Ontario government is now moving away from large FIT. In early 2012, the Ontario government reduced FIT rates due to potential overcapacity and nearly maxed-out transmission lines and, more recently, ended the FIT program for projects over 500 kW. The existing backlog of renewable energy projects will require an estimated $7 billion of debt to finance. Notwithstanding … Continue Reading

Toronto Approves Innovative Energy Efficiency Pilot Program Utilizing “Local Improvement Charges”

Toronto Forges Ahead – “Local Improvement Charges” Offer a New & Promising Financing Mechanism to Encourage Energy Retrofits

Posted in Community Projects, Conservation, Electricity, Energy – Renewable, Alternative and Clean, Natural Gas, Projects, Water
Ontario

Since then-Minister of Municipal Affairs and Housing Kathleen Wynne authorized municipalities to use Local Improvement Charges (LICs) to promote energy efficiency, renewable energy and water conservation projects last November, industry watchers have been waiting to see whether Toronto would take advantage of the opportunity.

Last week, they did: Toronto City Council unanimously approved its first pilot energy and water efficiency program. The three-year, $20 million pilot launching in late 2013 will include 1,000 single-family homes and 10 multi-residential buildings. It will permit participating property owners to undertake natural gas, electricity and water efficiency and conservation measures, with the City … Continue Reading

Eventful Day for Eastern Canada Electric Power Industry

Posted in Electricity, Energy – Renewable, Alternative and Clean, Hydroelectric, Power, Projects, Purchase Agreements, Québec Hydro-Québec, Transmission, Wind
Québec

July 22, 2013 was an eventful day for Canada’s eastern provinces, with two noteworthy developments concerning the future of their electricity industries, including the Nalcor Energy Lower Churchill mega hydroelectric project and its 824 MW first phase Muskrat Falls hydroelectric project.

First, Hydro-Québec, Québec’s electricity utility, filed a motion with the Québec Superior Court for a declaratory judgment challenging two recent positions taken by Churchill Falls (Labrador) Corporation Limited (CFLCo) with respect to the May 12, 1969 Churchill Falls Power Contract (the Power Contract).

CFLCo is a subsidiary of Newfoundland and Labrador Hydro, itself a subsidiary of Nalcor Energy, Newfoundland … Continue Reading

Sixth LNG Export Application Filed in British Columbia

Posted in Aboriginal, Energy – Renewable, Alternative and Clean, Natural Gas, Projects, Regulation
British Columbia

British Columbia’s nascent liquefied natural gas (LNG) industry has moved closer to reality in recent weeks.  On July 8, 2013, Pacific NorthWest LNG submitted its export application with Canada’s National Energy Board (NEB), seeking permission to export 19.68 million tonnes of LNG annually for 25 years.

Including this recent NEB filing, a total of six LNG project proposals in BC have received, or have submitted an application for, an export licence.  According to a BC government press release, these projects include:… Continue Reading

Small FIT Contracts Awarded

Ontario Power Sector, FIT, Feed-in Tariff, Small FIT, Nuclear Energy

Posted in Aboriginal, Community Projects, Energy – Renewable, Alternative and Clean, Feed-in-Tariff, FIT, Micro-FIT, FIT 2.0, Projects, Solar
Ontario

Last week, the Ontario Power Authority (OPA) announced here that no less than 951 new Small Feed-in Tariff (FIT) renewable energy contracts had been awarded, mostly for small-scale solar projects. Based on the list of contracts posted on the OPA’s website, it appears that a large proportion of the contracts were awarded to school boards and for projects with Aboriginal participation.

A list of the contracts awarded can be found via the hyperlink on this webpage.… Continue Reading