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Posted in: Ontario | Practice & Procedure | Consumer Protection | Ratemaking

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Ontario Government Planning Expanded Rebate to Electricity Customers By David Stevens Jul 18, 2019 On July 9, the Ontario government posted a Proposal of planned changes to regulations under the Ontario Rebate for Electricity Consumers Act, 2016 that are intended to allow for and direct expanded on-bill rebates or credits for Ontario electricity consumers.

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...

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

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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: Practice & Procedure | Climate Change / Renewables | Facilities | Ontario

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Amendments to Ontario’s Renewable Energy Facility Regulations By Emily Chittick and David Stevens Jun 21, 2019 On May 31, 2019, the Ontario government published two new regulations relating to renewable energy facilities. The first – O. Reg. 121/19: Transitional Matters – Renewable Energy Generation Facilities – made under the Planning Act, provides clarity on the authority of municipal planning authoriti...

Posted in: Canada (Federal) | Climate Change / Renewables

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Canada’s Carbon Pricing Strategy Falls Short of Paris Agreement Target By David Stevens and Stan Fedun Jun 18, 2019 A recent report published by the Office of the Parliamentary Budget Officer, Closing the Gap: Carbon pricing for the Paris target, estimates that Canada will need to impose a total carbon tax of $102 per tonne if it wishes to meet its Paris Agreement emissions target by 2030. Under the Paris Agre...
Alberta Passes Legislation to Repeal Provincial Carbon Tax By Stan Fedun and David Stevens Jun 17, 2019 Shortly after Alberta’s United Conservative Party won a majority mandate, Premier Jason Kenney announced the first order of business for his government would be to “repeal the carbon tax, implement the Job Creation Tax Cut, cut red tape and open Alberta for business.”

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...

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

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Breach of Court Order Leads to Jail Time By Cynthia R. C. Sefton Jun 10, 2019 The British Columbia Court of Appeal has dismissed an appeal from an order of the province’s Supreme Court, in which that court sentenced a number of individuals to 14 days imprisonment each. The individuals who appealed pleaded guilty to violating an injunction order which restrained protestors ...

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

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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...

Posted in: Practice & Procedure | Facilities | Ontario

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Warrantless Inspections Under the EPA and Potential Implications For Energy Companies By Dennis M. O'Leary and Christian Nianiaris May 30, 2019 A recent Ontario Court of Appeal decision confirms that only a low threshold must be met for Ontario Ministry of the Environment and Climate Change provincial officers to conduct warrantless inspections of private property.
B.C. Does Not Have Jurisdiction to Regulate the Shipment of Bitumen Through the Province By David Stevens and Stan Fedun May 27, 2019 In a unanimous decision, the British Columbia Court of Appeal held British Columbia does not have jurisdiction to regulate the shipment of “heavy oil” through the province.

Posted in: Climate Change / Renewables | Saskatchewan | Ontario | Practice & Procedure

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Saskatchewan Court of Appeal Affirms Federal Carbon Pricing Act is Constitutional By Zoë Thoms and Emily Chittick May 24, 2019 Saskatchewan’s highest court has ruled that the federal carbon pricing legislation is constitutional. On May 3, 2019, the Saskatchewan Court of Appeal released its decision on the reference with a split 3-2 outcome stating that climate change is a vital national issue and the federal government h...

Posted in: Practice & Procedure | Ontario | Energy Policy

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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: Climate Change / Renewables | Practice & Procedure

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CAMPUT 2019: The Elephant in the Room – the Uncertain Future of Carbon Pricing in Canada By Zoë Thoms May 10, 2019 Carbon emissions and the role of fossil fuel in Canada’s energy future was not the official theme of the 2019 CAMPUT Conference, but these issues came up in a number of panels over the three-day conference. An interesting session on May 7, 2019 looked at carbon pricing, “The elephant in the room ...

Posted in: Facilities | Climate Change / Renewables | Ratemaking

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CAMPUT 2019 - Utility “Hardening” for Extreme Weather Events By David Stevens May 07, 2019 The theme of the 2019 CAMPUT Conference is “Managing the Regulatory Range” – addressing how regulators, utilities and consumers can best prepare for the many challenges that face the industry. An interesting session on May 6 looked at the implications of serious weather-related events on utilitie...

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.

Posted in: Canada (Federal) | Consumer Protection

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Measurement Canada to Regulate Thermal Energy Meters By David Stevens Apr 17, 2019 Until recently, there have not been any specific requirements for thermal energy meters within the Weights and Measures Act. However, as of July 1, all newly-installed thermal energy meters will have to be approved by Measurement Canada.

Posted in: Energy Policy | Ontario | Practice & Procedure

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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. ...

Posted in: Climate Change / Renewables | Nova Scotia | Facilities

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Nova Scotia Revokes Licence for Cape Sharp Tidal and Orders Removal of Turbine By David Stevens Apr 04, 2019 On April 3, the Nova Scotia Department of Energy and Mines announced that it has revoked the marine renewable-electricity licence issued to Cape Sharp Tidal Venture Ltd.

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

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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 ...

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

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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: Practice & Procedure | Ontario

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OEB Announces New Performance Standards For Processing Rate Applications By Zoë Thoms Mar 22, 2019 The OEB is updating its rate application processing performance standards as of April 1, 2019. Current rate application performance standards were established in 2009 and were delineated by hearing type – oral or written. The new performance standards will instead be organized by the size of the ...

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.”

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

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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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