On February 14, 2018, the Government of Québec published for consultation purposes 24 draft regulations aimed at implementing significant amendments made to the Québec Environment Quality Act.
We invite our readers to read an interesting article posted by our colleagues on our Canadian ERA Perspectives blog regarding the introduction by the federal government of the new Impact Assessment Act. It can be accessed here.… Continue Reading
On December 6, 2017, the Alberta Energy Regulator (AER) issued Bulletin 2017-21, announcing the release of a new edition of Directive 067: Eligibility Requirements for Acquiring and Holding Energy Licences and Approvals (Directive 067).
Directive 067 was updated to increase the scrutiny applied by the AER in granting licences, and to licence holders generally. The AER stated that this increased scrutiny is aimed at ensuring the privilege of holding licences is “only granted to, and retained by, responsible parties”. The changes to Directive 067 appear to be another attempt by the AER to address issues stemming from the ongoing … Continue Reading
On October 26, 2017, the Ministry of Energy released Ontario’s revised 2017 Long-Term Energy Plan (“LTEP”), Delivering Fairness and Choice. The previous LTEP was published in 2013 (“2013 LTEP”).
This blog provides a summary of the resources addressed in the LTEP. An accompanying piece found here provides an analysis of the Directives issued by the government to the IESO and the OEB respecting implementation plans by those agencies.
The LTEP highlights that between 2026 and 2035, contracts for over 4,800 MW of wind energy, 2,100 MW of solar energy, and 1,200 MW of … Continue Reading
Although largely unnoticed at the time, the passage of Bill 135 fundamentally changed energy regulation in Ontario. It created a new planning process centered on the creation and implementation of government-drafted Long Term Energy Plans, or LTEPS. This new process starts with the LTEP and continues on through agency implementation plans that are approved and overseen by the government. It is the most government-controlled energy planning process in Ontario history. This managed approach carries potential benefit: it increases the likelihood that the government may allow plans to be completed, and even followed. In the past, the government abandoned planning initiatives … Continue Reading
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
In a majority two to one decision released on April 24, 2017, the Alberta Court of Appeal (ABCA) upheld the lower court ruling in Re Redwater Energy Corporation. Our discussion and analysis of the trial decision in Redwater, which settled a lengthy conflict between the Alberta Energy Regulator and insolvency professionals on the proper interpretation of section 14.06 of the Bankruptcy and Insolvency Act (Canada), can be found here.
A full discussion of the ABCA decision and its impacts on insolvency-driven transactions involving assets regulated by the Alberta Energy Regulator prepared by our bankruptcy and restructuring … Continue Reading
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
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
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
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
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
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.
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
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
The following post by Jordanna Cytrynbaum, Miriam 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
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
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.
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
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
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
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.
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
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