The proposed new legislation addresses a number of topics. Four
of the main items addressed are:
Long term energy planning:
Bill 135 would amend the Electricity Act, 1998 to give the
Minister of Energy (Minister), rather than the IESO, the
responsibility for developing a long-term energy plan at least once
each period specified within Regulations. The IESO's role in
developing the long-term energy plan would be to provide technical
reports, when requested by the Minister. While there would be an
obligation on the Minister to consult with consumers, distributors,
generators, transmitters and aboriginal peoples, there is no
requirement that the long-term energy plan be reviewed by the OEB,
as was the case previously in respect of the integrated power
Role of the IESO and OEB in
relation to the long-term energy plan: Bill 135 would amend the
Electricity Act, 1998 to give the
Minister the power to issue directives to the IESO and to the OEB
respecting the implementation of the long-term energy plan and
requiring the IESO and the OEB to submit implementation plans for
approval. Where required in an implementation plan, the IESO would
be empowered to enter into contracts for the procurement of a
variety of items, some of which go beyond what is contemplated in
current procurement provision of the Electricity Act, 1998. For example,
the IESO will be empowered to enter into contracts for procurement
of electricity storage and for changes in electricity demand, as
well as transmission systems (including the development of such
Feed-in tariff program: The
current provision of the Electricity Act, 1998 under which the
Minister can direct the IESO to develop a feed-in tariff program is
proposed to be repealed. However, the existing Minister's
direction to establish a feed-in tariff program, and any program or
thing established or done in accordance with that direction, will
Energy conservation: Under
proposed amendments to the Green Energy Act, 2009, there would be
new reporting requirements, and water conservation (efficient use
of water) would be addressed in certain provisions of that statute.
The proposed amendments contemplate that Regulations may be created
to require a "prescribed person" to report to the
Ministry of Energy about energy consumption, water use, ratings or
other performance metrics in respect of energy consumption and
water use. There may also be verification requirements for the
reported information. The proposed amendments would require
electricity, gas and water distributors to make available
prescribed information about consumption of electricity, gas and
In the coming weeks, the Legislature will debate the Energy Statute Amendment Act, 2015.
We will report further on the implications of the proposed new
legislation, and the timing for its implementation.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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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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