Category: Power

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Alberta’s Balancing Pool Confirms Right to Terminate Keephills Power Purchase Agreement

December 12, 2017

Following ENMAX Energy Corporation’s (ENMAX) successful application to obtain a mandatory injunction against the Balancing Pool of Alberta (as reported in our November 2017 Blakes Bulletin: Alberta Court of Queen’s Bench Grants Mandatory Injunction Against Balancing Pool), the Balancing Pool has performed its assessment and verified and accepted ENMAX’s notice terminating the Keephills power purchase agreement (PPA) (Keephills Termination Notice),…

Alberta Court of Queen’s Bench Grants Mandatory Injunction Against Balancing Pool

November 23, 2017

On November 22, 2017, the Court of Queen’s Bench of Alberta (Court) issued a mandatory injunction in favour of ENMAX Energy Corporation (ENMAX) compelling the Balancing Pool of Alberta to, forthwith and in good faith, complete and communicate the result of its assessment and verification of ENMAX’s termination notice of the Keephills Power Purchase Arrangement issued on May 5, 2016….

Court Upholds Commercial Certainty in Alberta Power Purchase Arrangements

October 16, 2017

The Alberta Court of Queen’s Bench (Court) has released an important decision regarding the Alberta power industry, which brings certainty to the effective dates of termination of power purchase arrangements (PPAs) in Alberta. In the late 1990s, the Government of Alberta deregulated the electricity market and introduced competition into the market for electrical power and created the Balancing Pool to,…

Doing Business in Canada

October 10, 2017

The Blakes Doing Business in Canada guide is an introductory summary of the laws and regulations that affect the conduct of business in Canada.

Emission Limit Implementation Recommendations from Alberta’s Oil Sands Advisory Group

June 30, 2017

On June 16, 2017, the Alberta Oil Sands Advisory Group (OSAG) released its report, Recommendations on Implementation of the Oil Sands Emissions Limit Established by the Alberta Climate Leadership Plan, which sets out recommendations for implementing and remaining within the 100 megatonne (MT) per year greenhouse gas (GHG) emissions limit for the oil sands sector (Emissions Limit) articulated in Alberta’s…

Alberta Caps Power Prices with Bill 16

June 12, 2017

On June 7, 2017, Bill 16, titled “An Act to Cap Regulated Electricity Rates” (Bill 16), received royal assent and is now law. Bill 16 will impose a maximum rate of 6.8 cents per kilowatt hour (kWh) for electricity consumers on the regulated rate option or RRO (a government-regulated rate that fluctuates monthly). The price cap comes on the back…

Canada Publishes Technical Paper, Reveals Federal Carbon Pricing Plan

May 31, 2017

On May 18, 2017, Environment and Climate Change Canada released the Technical Paper on the Federal Carbon Pricing Backstop (Technical Paper), which provides an overview of the prospective federal carbon emissions pricing system and insights on how the federal carbon price will take shape. Canadian stakeholders, businesses and the public have been invited to provide comments on the Technical Paper…

Alberta’s Power Reform: Implications for Electricity Providers and Consumers

May 1, 2017

A fundamental shift in the structure of Alberta’s electricity market is underway. The provincial government has promised to phase out the current energy-only market and replace it with a capacity market system, to be fully implemented by 2021. The transition was recommended by the Alberta Electric System Operator in its report, Alberta’s Wholesale Electricity Market Transition Recommendation. The change will…

Ontario’s First Cap-and-Trade Auction Sells 100 Per Cent of 2017 Allowances

April 5, 2017

The Ontario Ministry of the Environment and Climate Change (MOECC) held the first auction of greenhouse gas (GHG) allowances on March 22, 2017 and published the auction’s results on April 3, 2017. All 2017 allowances were sold at the auction at a settlement price of C$18.08 per tonne of GHG. For further details of the new cap-and-trade legislative measures, please…

Chief Justice Confirms Cross-Examination Principles in Alberta

March 28, 2017

On March 21, 2017, the Court of Queen’s Bench of Alberta ruled against the Alberta government in Alberta (Attorney General) v. ENMAX PPA Management Inc. et al., a controversial legal action brought in 2016 by the provincial government against several former buyers of power purchase arrangements (PPAs). In doing so, the court provided additional guidance to litigants regarding cross-examination principles…

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