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Canadian Energy Perspectives

Canadian Power: Key Developments in 2016/Trends to Watch for in 2017

Posted in Aboriginal, BC Hydro, Climate Change, Electricity, Emissions Regulation, Energy – Renewable, Alternative and Clean, Regulation

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McCarthy Tétrault LLP’s Power Group has launched the 2nd edition of its publication, ‘Canadian Power – Key Developments in 2016/Trends to Watch for in 2017’. The publication provides a detailed overview of significant developments in the Canadian power sector over the past year, as well as emerging trends that will be relevant in the coming year. Content includes in-depth regional analyses of developments in British Columbia, Alberta, Ontario and Québec, as well as commentary on the impact of specific issues on the power sector, such as recent M&A activity and developments in aboriginal law and environmental regulations … Continue Reading

Quebec Government Introduces Legislation Implementing its 2030 Energy Policy

Posted in Plan Nord, Québec, Régie de l’énergie, Regulation
Québec

On June 7, 2016, the Quebec Government introduced before the National Assembly Bill 106, An Act to implement the 2030 Energy Policy and to amend various legislative provisions. The 2030 Energy Policy has the principal goal of making Quebec, by 2030, a North American leader in renewable energy and energy efficiency.… Continue Reading

ERT Allows Another Appeal of a Wind Farm Approval

Posted in Energy – Renewable, Alternative and Clean, Renewable Energy Approval, Wind
Ontario

The Environmental Review Tribunal (“ERT” or “Tribunal”) has granted an appeal of a Renewable Energy Approval (“REA”) issued to wpd White Pines Wind Incorporated for its 27 turbine White Pines Wind Project in Prince Edward County (see case 15-068 Hirsch V. Ontario (MOECC) dated February 26, 2016). The ERT concluded the project would cause serious and irreversible harm to two species at risk, the Little Brown Bat and the Blanding’s Turtle. While this is the third REA appeal granted by the ERT, it is the first time that it has found a wind project would cause serious and irreversible harm … 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

Gordon Nettleton and Héloïse Apestéguy-Reux participating in OBA program on energy regulation with Bruce Campbell, President and Chief Executive Officer of the IESO and other energy practitioners

Posted in Electricity, Ontario Independent Electricity System Operator, Regulation

On Tuesday, April 28th, Gordon Nettleton and Héloïse Apestéguy-Reux will be participating, along with Bruce Campbell, President and Chief Executive Officer of the IESO and other energy practitioners, in an Ontario Bar Association (OBA) program on energy regulation. 

The program, “Recent Developments in Energy Regulation,” will include insights on the merger of the IESO and OPA, electricity distribution consolidation and rate regulation, as well as what to expect from the upcoming Energy East proceeding at the National Energy Board.  Gordon Nettleton is a guest speaker for the program and Héloïse Apestéguy-Reux is co-chair. The program has been organized by the 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

B.C. Government Releases Independent Report Providing Recommendations to Increase BCUC’s Effectiveness and Efficiency

Posted in BC Hydro, BC Ministry of Energy, Mines and Natural Gas, BC Utilities Commission, Electricity, Regulation
British Columbia

On February 4, 2015, the B.C. government released the final report of an independent review of the British Columbia Utilities Commission (BCUC), the independent governmental regulatory agency that regulates British Columbia’s natural gas and electricity utilities, intra-provincial pipelines and universal compulsory automobile insurance.… 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

A Bridge Over Deregulated Waters: The New Navigation Protection Act

Posted in Policy, Water

The following post by Jordanna CytrynbaumMiriam Isman and Patrick Beechinor on our Real Property blog (The Lay of the Land) explaining amendments to the Federal Navigation Protection Act may be of interest to readers of this blog: A Bridge Over Deregulated Waters: The New Navigation Protection Act

On April 1, 2014, the Federal Navigation Protection Act, R.S.C. 1985, c. N-22 (the “New Act”) came into force, replacing the Navigable Waters Protection Act (the “Old Act”) and making notable changes to Canada’s regulation of waterways.  The legislative objective is to enable municipal authorities to … Continue Reading

OPA Updates Price Schedule for FIT/microFIT Programs

Posted in Energy – Renewable, Alternative and Clean, Feed-in-Tariff, FIT, Micro-FIT, FIT 2.0, Ontario Power Authority
Ontario

On September 30, 2014, the Ontario Power Authority (the “OPA”) posted an updated FIT/microFIT price schedule.

The updated price schedule was made pursuant to a directive dated August 29, 2014 from the Ontario Minister of Energy, the Hon. Bob Chiarelli, and is part of an annual review by the OPA of prices offered to generators under the FIT/microFIT programs.

The new price schedule is effective September 30, 2014 for FIT projects (including FIT contracts offered through the extended FIT 3 procurement, but not those FIT contracts offered pursuant to the July 30, 2014 Offer List) and January … Continue Reading

British Columbia to Unveil LNG Tax Rules in October 2014

Posted in Liquefied Natural Gas, Regulation
British Columbia

On September 21, 2014, British Columbia (BC) Deputy Premier Rich Coleman announced that BC will unveil its tax rules for the liquefied natural gas (LNG) industry next month.  It is anticipated that the BC Government will table the Bill for debate within the first two weeks of the fall session’s start on October 6, 2014 with the aim for the tax regime to be in place by November 30, 2014.

As noted in an earlier blog post, the Government of BC delayed the release of its tax regime back in February 2014 for the purpose of completing further consultations … Continue Reading

Elections, Electricity Contracts and the Limits of Government Power

Party Leaders Should Remember the Tenets of Contract On the Campaign Trail

Posted in Electricity, Feed-in-Tariff, FIT, Micro-FIT, FIT 2.0, Ontario Power Authority
Ontario

In an unwelcome trend, electricity contracts seem to receive undue attention during Ontario provincial election campaigns.  Most recently, on May 7th Ontario NDP leader, Andrea Horwath, made the vague assertion that an NDP government would “examine hydro contracts” as a means of finding savings for ratepayers. Readers of this blog will be aware that the contracts she proposes to examine are those between the Ontario Power Authority (“OPA”) and independent power producers. … Continue Reading

New Procurement Process for Large Renewable Projects

Two Important Updates

Posted in Energy – Renewable, Alternative and Clean, Feed-in-Tariff, FIT, Micro-FIT, FIT 2.0, Ontario Power Authority
Ontario

We recently highlighted some of the anticipated features of the Ontario Power Authority’s (the “OPA”) new Large Renewable Procurement (“LRP”) process, a competitive procurement system for renewable energy projects generally larger than 500 kW. Since then, the OPA has published two new documents which together provide added clarity on the LRP roll-out.… Continue Reading

Environmental Groups Challenge U.S. on Solar

Environmental Groups Oppose Action against Indian Solar Subsidies as Counterproductive

Posted in Domestic Content Requirements, Energy – Renewable, Alternative and Clean, Solar

Greenpeace, the Sierra Club and other U.S. environmental groups have submitted an open letter to Ambassador Demetrios Marantis, arguing that the U.S. government should drop its planned World Trade Organisation (“WTO”) challenge of Indian solar subsidies under the Jawaharlal Nehru National Solar Mission programme.… Continue Reading

Alberta’s “New” Energy Regulator

Transfer of Powers to the Alberta Energy Regulator is now Complete

Posted in Energy – Conventional, Regulation
Alberta

On March 31, 2014, the Alberta Energy Regulator (“AER”) completed its transition into the principal regulator of the entire life cycle of oil and gas development in Alberta. The effect of the AER’s expanded jurisdiction is to consolidate decision-making relating to environmental and energy permits from disparate government bodies.

The AER is now a full life-cycle regulator: from application and exploration, to construction and development, to abandonment, reclamation, and remediation.”[1]Continue Reading

New Procurement Process for Large Renewable Energy Projects

An Update

Posted in Energy – Renewable, Alternative and Clean, Feed-in-Tariff, FIT, Micro-FIT, FIT 2.0, Ontario Ministry of Energy, Ontario Power Authority
Ontario

We recently highlighted some important changes by the Ontario Power Authority (the “OPA”) to Ontario’s renewable energy procurement program for microFIT, Small FIT, Large FIT and Contract Capacity Set-Asides. Perhaps the most significant of these changes originated in an Ontario Ministry of Energy directive, issued on June 12, 2013, which instructed the OPA to replace Large FIT Projects (over 500 kW) with a new competitive procurement process to be developed based on feedback from municipalities, aboriginal communities, industry associations, the general public and other stakeholders.… Continue Reading

Update on LNG-Related Activity in British Columbia: Regulatory and Contracting Advances

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

British Columbia’s new liquefied natural gas (LNG) sector was particularly lively in the weeks since our mid-December update.  To keep our readers up-to-date, we have prepared the following brief summary of recent notable LNG sector activity.… Continue Reading

Hydro-Québec Distribution issues a call for tenders for 450 MW of wind power

Posted in Energy – Renewable, Alternative and Clean, Power, Procurement, Québec Hydro-Québec, Régie de l’énergie, Renewable Energy Approval, Wind
Québec

Hydro-Québec Distribution announced today that it has issued a call for tenders for the purchase of a block of wind power produced by facilities with an installed capacity of 450 MW, composed of 300 MW for the Bas St-Laurent and Gaspésie─Îles-de-la-Madeleine regions and 150 MW for projects across Québec.… Continue Reading

Ontario’s Long Term Energy Plan

George Vegh Discusses Ontario’s Long Term Energy Plan on the Agenda with Steve Paikin

Posted in Energy – Conventional, Ontario Power Authority, Policy, Power
Ontario

We are pleased to announce that George Vegh, the head of our energy regulatory practice, was recently invited to discuss Ontario’s new Long Term Energy Plan on the Agenda with Steve Paikin.  You can watch a recording of the program by clicking here.

For other posts on the Long Term Energy Plan please click here and here.… Continue Reading

Ontario’s Long Term Energy Plan

The Government of Ontario Releases its Much Anticipated Energy Plan

Posted in Energy – Conventional, Ontario Power Authority, Policy, Power
Ontario

The Government of Ontario today released the province’s most recent Long Term Energy Plan (“LTEP”). A copy of LTEP materials can be accessed by clicking here.  As expected, the LTEP did not provide any drastic supply mix or policy changes from current plans. However, there are a number of changes that are worth noting.

Major Supply Changes:

  • As expected, there will be no new nuclear facilities;
  • A schedule has been set for the refurbishment of the Bruce and Darlington nuclear facilities, starting in 2016;
  • The target for non-hydro renewable capacity remains unchanged, but its implementation is extended from
Continue Reading

APPrO 2013

McCarthy Tétrault is attending APPrO 2013

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

Today is the first day of the APPrO 2013 Conference, which will be taking place at the Metro Toronto Convention Center. Sessions will cover a wide range of topics of interest to anyone involved in Ontario’s power sector and there is an impressive roster of speakers. In particular, look out for McCarthy Tétrault’s very own George Vegh, who will be moderating a panel on The Evolution of Policy and Regulation: What’s Ahead for Ontario’s Power Sector?  We look forward to seeing you there.… Continue Reading

Long Term Energy Plan Update

What’s in store for Ontario’s power sector?

Posted in Ontario Power Authority, Regulation, Wind
Ontario

In light of the anticipated release of Ontario’s new long term energy plan (“2013 LTEP”) near the end of November, we wanted to provide a summary of our colleague George Vegh’s paper, “Energy Planning: The Case for a Less Prescriptive Approach”  George is the head of McCarthy Tétrault’s energy regulatory practice.

The paper provides an analysis of the discussion paper and data released by the Government of Ontario on the 2013 LTEP. It compares this year’s plan with previous planning exercises, and proposes a less prescriptive approach to electricity planning.

George identifies the opportunity for a dramatic course correction, especially … Continue Reading

Launch of FIT 3.0

The OPA Opens the Final Stage of the FIT Program

Posted in Energy – Renewable, Alternative and Clean, Feed-in-Tariff, FIT, Micro-FIT, FIT 2.0, Ontario Power Authority, Power, Procurement, Regulation, Solar, Wind
Ontario

This week, the Ontario Power Authority (OPA) announced the beginning of the final stage of its Feed-in-Tariff (FIT) program: FIT 3.0. The OPA is accepting applications until December 13, 2013 for Small FIT Projects with proposed capacity of approximately 10 to 500 kilowatts. Applications are also being accepted during this period for a new Unconstructed Rooftop Solar Pilot.

The OPA provides a summary of the changes introduced by FIT 3.0 here. Of particular note, FIT 3.0 will not include Large FIT Projects, meaning applicants interested in developing projects larger than 500 kilowatts will be required to participate in … Continue Reading

Minister Bennett Addresses Opening of Clean Energy BC Conference

Confirms Resubmitted IRP Will Contain "Clean Energy Strategy"

Posted in BC Hydro, BC Ministry of Energy, Mines and Natural Gas, Electricity, Energy – Renewable, Alternative and Clean, Independent Producers, Natural Gas, Policy, Power, Regulation, Water
British Columbia

British Columbia’s Minister of Energy and Mines Bill Bennett addressed the province’s independent power producers at the opening of Clean Energy BC’s annual conference in Vancouver on October 28, 2013. While confirming that there are currently no plans for a power call in the province, Minister Bennett acknowledged that his ministerial mandate specifically contemplates working with the clean energy sector to ensure that there remain significant opportunities for renewable energy companies to provide power to British Columbia, and made a number of observations, including:

  • policymaking continues to occur in a fluid and dynamic economic environment;
  • electricity rates will need to
Continue Reading