Canada: The LTEP Tango With The CCAP Motif

Last Updated: June 30 2016
Article by Sean Conway, Sebastien Pepin and Thomas J. Timmins

Most Read Contributor in Canada, October 2018

Ontario's Ministry of Energy will soon begin the process of drafting a new and revised Long Term Energy Plan (LTEP). This energy planning process will be significantly affected by two recent developments at Queen's Park: (i) the recent passage of the Energy Statute Law Amendment Act, 2016 ( Bill 135 ) and (ii) Ontario's recently introduced Climate Change Action Plan (CCAP).

The New LTEP Reel:

Bill 135, The Energy Statute Law Amendment Act, 2016, was enacted by the Ontario Legislature on June 2nd, 2016. This legislation codifies the process to be followed by the government of Ontario as it proceeds to establish its long-term energy plans. Among the provisions of Bill 135 are requirements that there be public and stakeholder consultations and that there be made available at the beginning of these public consultations ' technical data ' which make plain the current state of generating and transmission resources available to the province as it confronts its energy future. Bill 135 changes significantly the long-term energy planning process as established under previous legislation – the Electricity Act – which gave much more of the actual planning responsibility to the Ontario Power Authority and the Ontario Energy Board. Under the recently-passed Bill 135, these agencies play a more supportive role largely focused on implementing the next long-term energy plan.

As a result, the IESO will adopt a more ancillary role in preparing future long-term energy plans. The IESO will supplement the contents of the LTEP by producing technical reports for the Minister of Energy on specific adequacy and reliability issues. The IESO, along with the OEB, will also be responsible for submitting implementation plans to support the Minister's energy requirements.

In addition, Bill 135 does require the Minister of Energy to consult the appropriate groups and persons in order to prepare the Long-Term Energy Plans—and to adequately consider stakeholder feedback.

In that regard, the Ministry of Energy published a news release indicating that it plans to begin public engagement later this year. We anticipate that LTEP consultation will begin in earnest after Canada's Labour Day holiday and that the 2016 LTEP will emerge from this consultation process in Q2 2017. The document which will lead off LTEP discussions is the next quarterly edition of the IESO's "Ontario Planning Outlook" (OPO)—likely to be released during the summer months. 

By taking responsibility for long-term energy planning directly into the Ministry of Energy, Ontario is bringing the process closer to the political realm. This, arguably, makes some sense as there is clearly a need for high level, whole-picture energy + economy planning to take place in order to position Canada's industrial heartland for the advent of widespread DG adoption and the coming post-carbon economy -not to mention the continued consolidation of local distribution companies into viable scale commercial entities and the gradual retirement of non-renewable generating assets. 

With the CCAP Motif:

The next LTEP will clearly have to reflect the provincial government's CCAP and, given the wide-ranging impact of the CCAP, one can assume that the next round of consultations regarding the LTEP will certainly be quite focussed on central components of that Action Plan. As readers will know, Ontario's CCAP was released on June 8, 2016, after much anticipation.

The CCAP lays out Ontario's climate strategy for the next five years and lists a series of policies and actions areas—each with a price tag attached. It includes grants and rebates to retrofit buildings and help industrial businesses cut emissions, electric vehicle incentives, clean technologies research, and funding for the GO regional transportation network.

Natural gas has become an important point of contention arising from this Plan. In Ontario, 70 per cent of homes are heated by natural gas and, overall, natural gas accounts for 25 to 30 per cent of the province's energy supply mix.

The exact details of the Plan are still largely to be determined –however, what is clear is that carbon-based generating solutions are under threat and there will be increased emphasis on at-point-of-demand generation through the support of small-scale renewables. Coal is out. Gas is under fire.

The general direction of the provincial government away from carbon-based energy solutions will also drive the LTEP—although how much the latter will be influenced by the former will depend on the outcome of consultations with the Energy, Economic Development and Environment and Climate Change Ministers as well as with the broader public.

Because the electricity sector impacts virtually every industry in the province, stakeholders will want to engage early in the review of the LTEP process. The addition of the province's climate change mitigation strategies on top of what was already a complex and fraught process—if you use energy, the CCAP effects you—will bring new stakeholders to the table and result in impacts far beyond the traditional electricity sector players.

Thomas J. Timmins is a partner in the Toronto office of Gowling WLG and Chair of Gowling WLG's Global Renewable Energy Law Practice.

Sean Conway is a senior policy advisor in the Toronto office of Gowling WLG.

Sebastien Pepin is a summer student in the Toronto office of Gowling WLG.

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.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
Similar Articles
Relevancy Powered by MondaqAI
 
In association with
Related Topics
 
Similar Articles
Relevancy Powered by MondaqAI
Related Articles
 
Related Video
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions