Category: Energy – Regulatory

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Quebec Amends its Energy Efficiency Regulations and Moves Towards Implementation of 2030 Energy Policy

August 16, 2017

On August 15, 2017, the Regulation respecting the energy efficiency of electrical or hydrocarbon-fuelled appliances (Quebec Regulations) was amended in order to eliminate and reduce disparities with the energy efficiency regulatory requirements applicable to appliances at the federal level (Federal Regime). The amendment to the Quebec Regulations notably extends the scope of appliances that it covers, in addition to increasing…

SCC Confirms the Role of Regulatory Tribunals in Aboriginal Consultation

July 27, 2017

On July 26, 2017, the Supreme Court of Canada (SCC) released two decisions on the role of the National Energy Board (NEB) and other regulatory tribunals in aboriginal consultation: Clyde River (Hamlet) v. Petroleum Geo‑Services Inc. (Clyde River) and Chippewas of the Thames First Nation v. Enbridge Pipelines Inc. (Chippewas). The decisions are significant in clarifying the law in relation…

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…

Canada’s New Energy Efficiency Regulations Come Into Force

June 28, 2017

On June 28, 2017, the federal Energy Efficiency Regulations, 2016 (New Regulations) came into force, repealing and replacing the original Energy Efficiency Regulations (Regulations). The New Regulations increase the energy efficiency standards for certain consumer and commercial products and take a step towards harmonizing Canada’s energy efficiency standards with those of the United States. OVERVIEW OF ENERGY EFFICIENCY REGULATIONS IN…

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…

Expert Panel’s Recommendations to Increase the Number, Cost and Timing of Federal Environmental Assessments

April 13, 2017

On April 5, 2017, the federal environmental assessment (EA) expert panel released its report, Building Common Ground: A New Vision for Impact Assessment in Canada. The report recommends broadening the scope of assessments to include environmental, economic, social, cultural and health impacts. Only projects that contribute a net positive benefit to present and future generations would be approved. The report’s recommendations…

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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