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Saskatchewan Challenges Ottawa’s Proposed Carbon Tax By David Stevens Apr 26, 2018 On April 25, 2018, the Saskatchewan government announced that it has commenced a “reference case” to the Saskatchewan Court of Appeal, asking for a determination about whether the federal carbon levy will be "unconstitutional, in whole or in part." This is part of the effort of the Saskatchewan g...

Posted in: Ontario | Climate Change / Renewables

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Environmental Commission of Ontario reports that LTEP Ignores Climate Law By Zoë Thoms Apr 23, 2018 The Ontario government’s 2017 Long-Term Energy Plan (LTEP) is not consistent with its obligations under climate change mitigation law, according to a progress report issued by the Environmental Commission of Ontario (ECO) on April 9, 2018.

Posted in: Practice & Procedure | Ontario | Facilities

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OEB Selects EPCOR to Provide Gas Distribution Service to South Bruce Municipalities By David Stevens Apr 20, 2018 On April 12, 2018, the Ontario Energy Board issued a Decision and Order in a proceeding to select a gas distributor to serve South Bruce municipalities (Municipality of Arran-Elderslie, the Municipality of Kincardine and the Township of Huron-Kinloss). The OEB chose EPCOR Southern Bruce Gas Inc.,...

Posted in: Practice & Procedure | Ontario | Ratemaking | Energy Policy

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OEB Rejects Hydro One’s Proposed Acquisition of Orillia Power Distribution By David Stevens Apr 18, 2018 On April 12, 2018, the Ontario Energy Board issued a Decision and Order denying Hydro One Inc.’s application to purchase the shares of Orillia Power Distribution Corporation. The OEB’s Decision explains that Hydro One and Orillia Power have failed to establish that there will be no harm to Orilli...

Posted in: Practice & Procedure | Ontario | Energy Policy

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OEB Issues Draft Report on Corporate Governance Guidance for Regulated Utilities By Ron W. Clark and Dillon Collett Apr 12, 2018 On March 28, the Ontario Energy Board issued its Draft Report on Corporate Governance Guidance for Rate-Regulated Utilities. The OEB Draft Report is another milestone in the OEB’s efforts to develop a “Guidance” on corporate governance for regulated utilities; specifically, Ontario Power Generati...

Posted in: Facilities | Canada (Federal) | Practice & Procedure | British Columbia

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Uncertainty Leads to Suspension of Trans Mountain Pipeline Expansion By David Stevens Apr 10, 2018 On April 8, 2018, Kinder Morgan Canada Limited announced that it is “suspending all non-essential activities and related spending on the Trans Mountain Expansion Project.” Kinder Morgan noted that while it has the support of the federal, Alberta and Saskatchewan governments for the project, it fa...

Posted in: Climate Change / Renewables

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Ontario NDP Introduce Climate Liability Bill By Zoë Thoms Apr 05, 2018 The Ontario NDP recently introduced Bill 21, Liability for Climate-Related Harms Act, 2018. This private members bill would impose strict liability on fossil fuel producers for damages arising from climate change harms, including: economic loss or physical loss of property, infrastructure, s...

Posted in: Ratemaking | Practice & Procedure | Ontario

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OEB Issues Its First Decision Using “Proportionate Review” By David Stevens Apr 04, 2018 On March 29, 2018, the Ontario Energy Board (OEB) issued a Decision on Scope of Review in an electricity distributor rate application that is being processed under the OEB’s new proportionate review approach. Under that approach, selected local distribution companies (LDCs) can agree to have thei...

Posted in: Ontario | Practice & Procedure | Ratemaking | Facilities

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OEB Issues its Final Report on Wireline Pole Attachment Charges By David Stevens Mar 26, 2018 On March 22, 2018, the Ontario Energy Board issued its Final Report on Wireline Pole Attachment Charges setting the amount that telecom carriers will pay to attach to electricity poles. In the Final Report, the OEB has set a province-wide charge of $43.63 per pole/per attacher/per year.

Posted in: Practice & Procedure | Ontario

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OEB Enacts Amendments to Regulatory Codes to Address Cyber Security By David Stevens Mar 21, 2018 On March 15, 2018, the Ontario Energy Board issued Notice of Amendments to the Transmission System Code and Distribution System Code to implement cybersecurity policy objectives that were set out in the OEB Staff’s June 2017 Report on a Cyber Security Framework. The amendments require transmitter...

Posted in: Ratemaking | Climate Change / Renewables | British Columbia

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British Columbia Utilities Commission Launches Inquiry to Review Regulation of Electric Vehicle Charging By Zoë Thoms Mar 13, 2018 The British Columbia Utilities Commission (BCUC) recently established an inquiry to review the regulation of electric vehicle (EV) charging services in the province.  The inquiry evolved out of an application by FortisBC Inc. for approval of a $9.00 per half hour EV charging rate for servic...

Posted in: Ratemaking | British Columbia | Energy Policy

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BCUC Rejects BC Hydro Request for a Rate Freeze By David Stevens Mar 08, 2018 On March 1, 2018, the British Columbia Utilities Commission (BCUC) issued its Decision and Order for BC Hydro’s revenue requirement and rates for fiscal years 2017 to 2019. In the decision, the BCUC approved rate increases of 4% effective April 1, 2016, 3.5% effective April 1, 2017, and 3% effect...

Posted in: Ontario | Energy Policy | Climate Change / Renewables

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All Current Allowances Sold Out in Ontario’s First Joint Cap and Trade Auction By David Stevens Mar 06, 2018 On February 28, 2018, the Summary Results Report from the first joint cap and trade auction involving Ontario, Quebec and California was released. The report shows that all current vintage allowances from each of the three jurisdictions were sold in the February 21, 2018 auction. Additionally, ar...

Posted in: Ontario | Consumer Protection

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Ontario Implements New Restrictions on Door-to-Door Transactions, but Delays Some New Requirements to May 1st By David Stevens Mar 05, 2018 As described in recent posts, Ontario has implemented new provisions of the Ontario Consumer Protection Act that will prohibit a range of door-to door consumer transactions. The new rules, which came into effect on March 1, 2018, make unsolicited “direct agreements” unenforceable for HVAC equipme...

Posted in: Practice & Procedure | Facilities | Ratemaking | Ontario

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OEB Varies Prior Decision Related to Sharing Property Sale Proceeds With Ratepayers By David Stevens Mar 01, 2018 On February 22, 2018, the Ontario Energy Board issued a Decision and Order reversing certain determinations made by a prior OEB panel about the sharing of proceeds from a property sale. This Review Motion Decision is the conclusion of a very lengthy motion to review and vary a July 2016 OEB Decis...

Posted in: Energy Policy | Practice & Procedure | Ontario

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OEB and IESO Issue Their Implementation Plans for the 2017 LTEP By David Stevens Feb 28, 2018 In February 2017, both the Ontario Energy Board and the Independent Electricity System Operator published their “Implementation Plans” setting out the steps they intend to take to implement the goals and objectives set out in Ontario’s 2017 Long-Term Energy Plan. The documents are titled “The Ont...

Posted in: Ontario | Ratemaking | Energy Policy

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Financial Accountability Office Finds Partial Sale of Hydro One Will Cost Ontarians in the Long Term By David Stevens Feb 22, 2018 Ontario completed its final sale of Hydro One shares in December 2017, having generated an estimated $9.2 billion in proceeds by selling 53% of Hydro One. On February 12, 2018, Ontario’s Financial Accountability Office released a report titled “Hydro One: Updated Analysis of the Partial Sale of H...

Posted in: Facilities | Ontario | Energy Policy

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Ontario Issues Canada’s Largest Green Bond By David Stevens Feb 20, 2018 On February 14, the Ontario government announced that it had successfully issued a $1 billion green bond. This is the fourth green bond issued by the Government of Ontario, following three successful earlier green bond issuances: a $500 million four-year issue in 2014, a $750 million seven-year i...

Posted in: Facilities | Practice & Procedure | Energy Policy | Canada (Federal)

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Legislation Introduced to Replace the NEB and Project Review Process By David Stevens Feb 14, 2018 On February 8, 2018, the federal government released Bill C-69 titled “An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts.” The new legislation is the culmination of the promise...

Posted in: Ontario | Consumer Protection

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Ontario Publishes Documentation Requirements for Exempt HVAC Door-to-Door Transactions By David Stevens Feb 12, 2018 Recently, we wrote about new provisions of the Ontario Consumer Protection Act (CPA) that will prohibit a range of door-to door consumer transactions. The new rules, which come into effect on March 1, 2018, will make unsolicited “direct agreements” unenforceable for HVAC equipment and other items...

Posted in: Ontario | Ratemaking | Energy Insider | Consumer Protection

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OEB Announces Additional RPP Pricing Pilot Program Approvals By David Stevens Feb 06, 2018 The Ontario Energy Board (OEB) has recently announced another participant in its Regulated Price Plan (RPP) pricing pilot program. CustomerFirst will test two different RPP pricing pilots in the service territories of 6 distributors: Newmarket-Tay Power Distribution Ltd., Greater Sudbury Hydro In...

Posted in: Ontario Court of Appeal | Ontario | Health and Safety

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Court of Appeal Upholds Decision in Kazenelson Criminal Negligence Case By Cynthia R. C. Sefton Feb 05, 2018 Individuals in Canada who have the authority to direct how another person does work or performs a task have a duty under s. 217.1 of the Criminal Code to take reasonable steps to prevent bodily harm to that person or to any other person from that work or task. All such individuals, who are also l...

Posted in: Facilities | British Columbia | Canada (Federal) | Alberta

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British Columbia Announces New Regulations That May Stop Trans Mountain Pipeline Expansion By David Stevens Feb 02, 2018 On January 30, 2018, the British Columbia Minister of Environment and Climate Change Strategy announced that the province would introduce new regulations that will stop pipeline companies from increasing bitumen shipments. The justification for the new regulations is to given the province time to...

Posted in: Facilities | Canada (Federal) | Ratemaking

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NEB Denies Request for a Proposed Long-Term Load Retention Service By David Stevens Jan 31, 2018 On January 22, 2018, the National Energy Board released a letter decision denying an application by Maritimes & Northeast Pipeline for approval of a load retention service and reduced toll to Irving Oil Ltd.
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