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Posted in: Environmental Issues | Energy Policy | Climate Change / Renewables

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Climate Change Litigation: Urgenda Update By Zoë Thoms and Christian Nianiaris Jul 05, 2019 In Urgenda Foundation v. The State of the Netherlands (2015), the State of Netherlands was found by the court to have an affirmative duty toward its citizens to take action against climate change. Since the initial decision, plaintiffs in other jurisdictions have used it as a framework to bring c...

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Ontario Court of Appeal Rules That Federal Carbon Pricing Act Is Constitutional By Zoë Thoms and Emily Chittick Jul 04, 2019 The Ontario Court of Appeal has ruled that federal carbon pricing is constitutional. In a 4-1 decision, the court rejected Ontario’s claim that the federal carbon levy is outside the federal government’s jurisdiction. This decision comes just a month after the Saskatchewan Court of Appeal release...

Posted in: Facilities | Utility 2.0 | Ontario | Energy Policy

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The Power Forward Challenge – Natural Resources Canada and the UK Department for Business Energy & Industrial Strategy Reward Innovation By Ron W. Clark and Christian Nianiaris Jun 11, 2019 Natural Resources Canada’s and the UK Department for Business Energy & Industrial Strategy’s Power Forward Challenge is meant to galvanize the path toward a more sustainable future by exploring innovative smart grid technologies. Canadian and U.K. companies are competing to transform our means of...

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Update on Climate Change Litigation By Zoë Thoms and Christian Nianiaris Jun 07, 2019 The decision in Urgenda Foundation v. The State of the Netherlands (2015) set the framework for climate change litigation across the globe. Since our last post about climate change litigation directly following the Urgenda decision, substantial developments have occurred and there have been a lar...

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Ontario Passes Legislation to “Reform” the OEB and Repeats Promise to Reduce Electricity Costs By David Stevens May 13, 2019 On May 9, the Ontario government passed Bill 87, which amends the OEB Act, the Electricity Act and the Fair Hydro Plan Act. Key items included in the new legislation are reforms to the structure of the Ontario Energy Board and changes to the “Fair Hydro Plan.”

Posted in: British Columbia | Ratemaking | Energy Policy

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British Columbia Utilities Commission Proceeds With Inquiry Into Regulation of Indigenous Utilities By David Stevens May 02, 2019 In response to direction from the British Columbia government (set out in an Order in Council), the British Columbia Utilities Commission has established an Inquiry Respecting the Regulation of Indigenous Utilities.

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No New Energy Initiatives in 2019 Ontario Budget By David Stevens Apr 12, 2019 On April 11, 2019, the Ontario government introduced its first budget. Notably, the budget does not include any significant new initiatives or measures aimed at energy policy. Instead, the energy-related discussion in the budget repeats previously-issued announcements, and provides some updates. ...

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Ontario Government Consults on Changes to Industrial Electricity Pricing and Programs By David Stevens Apr 02, 2019 On March 28, the Ontario government announced plans to hold consultations to seek input from businesses about industrial electricity pricing and programs. On April 1, the Ontario government published a consultation notice for this process, confirming that it is looking for input on “electricity ...

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OEB Initiates Consultation Addressing DERs and Utility Remuneration By David Stevens Mar 25, 2019 On March 15, 2019, the Ontario Energy Board announced that it is starting concurrent consultation processes to look at how the electricity sector in Ontario should respond to Distributed Energy Resources and encourage utilities and regulated service providers to “embrace innovation” in their oper...

Posted in: Canada (Federal) | Energy Policy

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Federal Government Recruiting For New Canadian Energy Regulator Positions By Zoë Thoms Mar 22, 2019 The government is proposing to replace the NEB with the Canadian Energy Regulator in order to “help restore investor confidence, re-build public trust and advance Indigenous reconciliation – all while ensuring good projects go ahead and our energy resources get to markets responsibly.”

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Ontario Government Releases OEB Modernization Report By David Stevens Mar 22, 2019 As we explained in an earlier post, the previous Ontario government appointed an expert panel to conduct a review of the OEB, examine best practices from other jurisdictions and report back about potential changes and improvements. The OEB Modernization Review Panel began its work in early 2018, ...

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Ontario Government Releases Its Plan to Reform the OEB and Reduce Electricity Costs By David Stevens Mar 22, 2019 On March 21, 2019, the Ontario government announced a series of plans aimed at lowering electricity costs for consumers and reforming the structure of the Ontario Energy Board.

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OEB Staff Recommend Changes to Ontario’s Commercial and Industrial Electricity Rates By David Stevens Feb 25, 2019 On February 21, 2019, the Ontario Energy Board released the Staff Report to the Board on Rate Design for Commercial and Industrial Electricity Customers. The Staff Report is titled “Rates to Support an Evolving Energy Sector” and sets out OEB staff’s recommendations for new rate designs for elect...

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Ontario Announces “Made-in-Ontario” Emissions Standards By Zoë Thoms Feb 22, 2019 The Ontario government announced new emission reduction standards as part of its plan to address climate change without imposing a carbon tax. The province developed the Emissions Performance Standards as an alternative to the federal Output-Based Pricing System.

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Ontario Directs NextBridge to Construct the East-West Tie Transmission Line By David Stevens Feb 01, 2019 On January 30, 2019, the Ontario Minister of Energy issued an Order in Council and Directive to the Ontario Energy Board (OEB), mandating that the East-West Tie Line Project will be constructed by NextBridge Infrastructure LP (NextBridge). The Directive indicates that NextBridge’s electricity tra...

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OEB Launches “Innovation Sandbox” By David Stevens Jan 23, 2019 On January 16, 2019, the Ontario Energy Board announced that its "Innovation Sandbox" is open for business. The goal of this initiative is to provide advice and support to project proponents seeking to advance “innovative projects related to electricity or natural gas service.”

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Top Energy Insider Posts of 2018 By Zoë Thoms Jan 21, 2019 2018 saw many interesting developments in the energy sector, both in Ontario and across Canada. The topic that got the most reads on Energy Insider in 2018 was the changes implemented by Ontario’s new provincial government. Other widely-read topics included developments at the Ontario Energy Boar...

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IESO Publishes Recommendations for Removing Obstacles to Energy Storage in Ontario By David Stevens Dec 20, 2018 On December 19, 2018, the Independent Electricity System Operator published a report titled "Removing Obstacles for Storage Resources in Ontario." The report explains the work that has been done by the IESO-sponsored Energy Storage Advisory Group, and sets out a number of recommendations towards ...

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Ontario Government Files Arguments in Federal Carbon Pricing Challenge By Zoë Thoms Dec 07, 2018 The Ontario government recently filed a factum setting out its argument against the federal government’s carbon pricing legislation as unconstitutional. The factum expands on the arguments outlined in the statement of particulars previously filed by the Attorney General of Ontario.

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Ontario Releases Its New Environment Plan By David Stevens Dec 06, 2018 On November 29, 2018, the Ontario government released its promised plan to address climate change, titled Preserving and Protecting our Environment for Future Generations: A Made-in-Ontario Environment Plan. The Environment Plan addresses four main topics: protecting air and water; addressing cli...

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Federal Government Announces Carbon Tax Systems For Ontario, New Brunswick, Manitoba and Saskatchewan By Zoë Thoms and Jonathan Yantzi Nov 09, 2018 On October 23, 2018, the federal government announced details regarding the federal carbon tax systems that it will implement in Ontario, New Brunswick, Manitoba and Saskatchewan (the “federal backstop jurisdictions”) in 2019. The federal backstop jurisdictions did not design their own pollution ...

Posted in: Procurement | Ontario | Energy Policy

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IESO Forecasts Electricity Shortfall of 1,400 MW by 2023 By Zoë Thoms Oct 19, 2018 The IESO recently released details of its long-term electricity outlook and planning processes. The IESO projects a shortfall of 1,400 MW by 2023 and 3,700 MW by 2025 before plateauing to about 2,000 MW over the long term. The need for new capacity is primarily driven by the retirement of the Pic...

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Ontario Repeals Green Energy Act, 2009 By Zoë Thoms and Jonathan Yantzi Oct 12, 2018 The Ontario Minister of Energy, Northern Development and Mines recently introduced legislation to repeal the Green Energy Act, 2009 and its regulations. The Green Energy Act, 2009 was enacted ten years ago to expand renewable energy production, encourage energy conservation and create jobs in the...

Posted in: Energy Storage | Facilities | Ontario | Energy Policy

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Ontario Decides Not to Implement New Regulations to Support Expanded Net Metering By David Stevens Oct 03, 2018 A recent Notice from the Ontario government indicates that the planned amendments to Ontario’s Net Metering Regulation under the Ontario Energy Board Act, 1998 will not proceed as planned. The result is that the amendments that were planned for October 1st have been revoked. Instead, the Notice i...

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