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Posted in: Ontario | Climate Change / Renewables

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Once Again, All Current Allowances Sold Out in Ontario’s Joint Cap and Trade Auction By David Stevens May 23, 2018 On May 23, 2018, the Ontario government posted the results of the second joint Ontario, Quebec, California auction of greenhouse gas emission allowances, held May 15, 2018. The report shows that all current vintage allowances from each of the three jurisdictions were sold. Additionally, around on...

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

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Alberta Passes Bill 12 Allowing Province to Restrict Exports of Oil and Gas to B.C. By Zoë Thoms May 18, 2018 The Alberta government passed Bill 12 – Preserving Canada’s Economic Prosperity Act on May 16, 2018, giving the province the ability to limit the export of oil and gas from the province. Bill 12 is aimed squarely at the Government of British Columbia’s opposition to the Trans Mountain pipeline pr...

Posted in: Quebec | Ontario | Energy Policy

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Financial Accountability Office of Ontario Reviews Ontario-Quebec Electricity Trade Agreement By Zoë Thoms May 14, 2018 The Financial Accountability Office of Ontario recently concluded that Ontario ratepayers will save approximately $38 million under the Ontario-Quebec Electricity Trade Agreement.

Posted in: Canada (Federal)

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Supreme Court to Revisit Standard of Review in Appeals of Administrative Decisions By Zoë Thoms May 10, 2018 In a recent decision granting leave to appeal, the Supreme Court of Canada signalled its intention to once again consider the nature and scope of judicial review of administrative action, specifically the question of standard of review.

Posted in: Ontario | Climate Change / Renewables

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Rules Change to Make it Easier for Condo Residents to Charge Electric Vehicles By Zoë Thoms May 09, 2018 Condo residents and condo boards now face fewer obstacles when looking to install an EV charger. Amendments to the Condominium Act regulations will prevent a condo board from rejecting an owner’s application to install an EV charger so long as the owner meets certain conditions.

Posted in: Canada (Federal) | Energy Policy | Facilities | British Columbia

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Federal Government to Intervene in B.C.’s TransMountain Reference Case By David Stevens May 04, 2018 On May 3, 2018, the federal Minister of Justice Jody Wilson-Raybould announced that the federal government will intervene in the British Columbia government’s reference question to the B.C. Court of Appeal. The Justice Minister indicated that “[w]e are confident in Parliament’s jurisdiction and w...

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

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B.C. Government Asks Court of Appeal to Affirm Right to Limit Bitumen Shipments Through the Province By Zoë Thoms Apr 27, 2018 The Government of British Columbia submitted a reference question to the B.C. Court of Appeal regarding the recently-announced regulations that will stop pipeline companies from increasing bitumen shipments through the province. The government is looking for the court to affirm its jurisdiction t...
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...
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