skip to main content
Back to all blog posts

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

Jul 11, 2018

Ontario to Cancel White Pines Wind Project

By David Stevens

On July 10, 2018, the Ontario government announced its three “top legislative priorities” for the upcoming summer sitting of the legislature. Two of these have energy implications.

First, as described in earlier posts, the Ontario government is cancelling the Cap and Trade Program. According to the Government House Leader’s announcement, legislation will be introduced to “[s]trike Ontario's cap-and-trade carbon tax law from the books so that a future government would not impose another cap-and-trade carbon tax under the law.” According to a news report, no decisions have been made about compensation for parties who have purchased allowances before the Cap and Trade Program was cancelled.

Second, the Ontario government also announced that it will introduce legislation to cancel the White Pines Wind Project, which is a wind facility with 9 wind turbines being constructed in Prince Edward County. No details of the proposed legislation have been provided. The White Pines Wind Project has been the subject of disputes since it first obtained a Feed-In-Tariff (FIT) contract in 2010. Among other things, opponents of the project have argued that it threatens endangered species. The project has been (and continues to be) the subject of numerous legal challenges, but recently received “notice to proceed” from the Independent Electricity System Operator (as described here). According to the project developer's website, work on the construction and installation of the project has been underway over the past two months. On its face, it appears that the cancellation of the White Pines Wind Project could trigger a claim from the developer under the FIT contract. We wrote about the potential consequences where a government cancels a power purchase agreement in an earlier post. It remains to be seen whether the proposed legislation will seek to limit or neuter claims from the White Pines Wind Project developer and whether that could lead to a claim under international trade agreements (since the developer is foreign-owned).

The Ontario government has indicated that more details about its plans for the summer sitting of the legislature will be provided in the Speech from the Throne on July 12th. We will report further when more information (including the proposed legislation) is available.

Areas of Expertise

Related Blogs

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

Insights EnergyInsider
New Ontario Government Outlines Plan for Energy, Gas in First Throne Speech By Zoë Thoms and Peter Dalglish Jul 13, 2018 The incoming Progressive Conservative provincial government delivered its first Speech from the Throne on July 12, 2018, in the Ontario Legislature. The speech set out the government’s agenda for the first legislative session of the 42nd Parliament of Ontario, which was officially opened on July ...

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

Insights EnergyInsider
Government of Ontario Officially Ends Cap and Trade By David Stevens and Stan Fedun Jul 05, 2018 On July 3, 2018, Premier Doug Ford announced that the Government of Ontario has revoked Ontario Regulation 144/16 – The Cap and Trade Program under the Climate Change Mitigation and Low-carbon Economy Act, 2016 and that his government will take immediate steps towards an “orderly wind-down” of al...

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

Insights EnergyInsider
Green Ontario Fund To Be Wound Down By Incoming Government By David Stevens and Stan Fedun Jun 28, 2018 During the 2018 Ontario general election, Doug Ford and Ontario’s Progressive Conservatives made a number of promises and statements related to energy policy and their plans if elected, including a promise to end Ontario’s cap and trade program. On June 15, 2018, Premier-Designate Ford announced ...