Canadian Energy Perspectives Developments in Energy and Power Law

Category Archives: Renewable Energy Approval

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ERT revokes renewable energy due to airport impacts

Posted in Energy – Renewable, Alternative and Clean, Power, Renewable Energy Approval

As we reported in a blog post in October 2016, the Renewable Energy Approval (“REA”) for the Fairview Wind Farm (“Fairview”) in Clearview Township was revoked by the Environmental Review Tribunal (“ERT”) on the basis that the project would cause serious and irreversible harm to the endangered species of bat, the little brown bats. The ERT also concluded, for the first time, that there would be harm to human health due to close proximity of the project to the Collingwood Airport and the Clairview Field Airport.

The ERT granted a request from Fairview to address remedies with respect to the … 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

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

Changes to Renewable Energy Procurement

Ontario’s Energy Minister’s Directive to OPA

Posted in Aboriginal, Energy – Renewable, Alternative and Clean, Feed-in-Tariff, FIT, Micro-FIT, FIT 2.0, Power, Procurement, Projects, Regulation, Renewable Energy Approval
Ontario

 On June 12, 2013, Ontario’s Minister of Energy, Bob Chiarelli, directed the Ontario Power Authority (OPA) to make sweeping changes to renewable energy procurement in the province. The changes involved microFIT, Small FIT, Large FIT as well as Contract Capacity Set-Asides.

Notably, it is now confirmed that the OPA will not be procuring any more renewable energy under the Large FIT program and will instead be commencing a new competitive procurement process for large-scale renewable energy projects. This new process will involve additional communication with municipalities and Aboriginal communities to identify the best locations for upcoming projects. Any Large FIT … Continue Reading

Can a Wind Farm Be a Nuisance If It Hasn’t Been Built?

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

On April 22, 2013, an Ontario Superior Court of Justice Judge ruled that claims of negligence and nuisance against a proposed, unapproved wind farm are premature and cannot be tried at law. Opponents of wind farms are celebrating this decision and publicizing it as a victory notwithstanding that the court dismissed all claims brought by the neighbours of the proposed wind project (the Plaintiffs). In reality, this case is a victory for those promoting wind power in Ontario and a defeat for those seeking to halt the development of wind farms.

 Even with their evidence unchallenged, the court determined
that
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Update on Proposed Bill 39

Private Member’s Bill Seeks To Eliminate Ontario’s Feed-in Tariff

Posted in Electricity, Energy – Renewable, Alternative and Clean, Feed-in-Tariff, FIT, Micro-FIT, FIT 2.0, Ontario Power Authority, Procurement, Project Finance, Projects, Regulation, Renewable Energy Approval, Wind
Ontario

On March 26, 2013, Ontario’s Deputy Energy Critic Lisa Thompson introduced Private Members’ Bill 39 to the legislature. Although this bill did not make beyond a first reading, it could have had a significant impact on developers and lenders in the project space by limiting the pipeline of potential renewable energy projects in Ontario.… Continue Reading