Under B.C.'s Clean Energy
Act, the feed-in tariff
("FIT") program will involve BC Hydro
and Power Authority ("BC
Hydro") entering into supply contracts with
small-scale electricity providers producing power from clean
sources such as biomass, biogas, geothermal heat, hydro, solar,
ocean, wind and other prescribed resources.
The B.C. government will seek to pass FIT program regulations by
early 2011, and is currently accepting comments regarding its
Feed-In Tariff Regulation Consultation Paper
released last month.
According to the Consultation Paper, FIT programs are intended
to support investment in emerging clean technologies in the earlier
stages of commercial deployment, as well as to spur growth in areas
of the province that would benefit from greater grid integration
and job creation.
FIT programs will not finance clean power projects, but rather
create a marketplace for clean power by offering rates of return of
about five to ten per cent. Rates paid to FIT operators are
expected to vary depending on the project's size, resource
type, location and other factors.
The Consultation Paper states that the B.C. Ministry of Energy,
Mines and Petroleum Resources has made the following proposals
regarding FIT projects:
To cap the size of FIT projects at five megawatts, meaning that
FIT projects will not function as general power procurement tools
for BC Hydro;
To limit annual spending on all power acquired under FIT
projects to $25 million above the cost of acquiring the same volume
of electricity through BC Hydro's Standing Offer Program,
a similar BC Hydro initiative to support clean energy but with
fixed rates paid to program participants; and
To limit the term of most FIT projects to five years, with the
option of securing an Electricity Purchase Agreement with the
project at the end of term at the rates under the Standing Offer
The comment period for the Consultation Paper will close
September 30, 2010.
Canada is a constitutional monarchy, a parliamentary democracy and a federation comprised of ten provinces and three territories. Canada's judiciary is independent of the legislative and executive branches of Government.
In Bank of Montreal v Bumper Development Corporation Ltd, 2016 ABQB 363, the Alberta Court of Queen's Bench enforced the "immediate replacement" provision in the Canadian Association of Petroleum Landmen 2007 Operating Procedure...
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