Canadian Energy Law : Lawyers & Attorneys for Environmental Energy Law

Patrick G. Duffy

In the first case of its kind, the Ontario Energy Board (the Board) has denied an application from the Association of Major Power Consumers of Ontario (AMPCO) to review a market rule amendment by the Independent Electricity Operator (IESO) adjusting the ramp rate multiplier. The decision will be of interest to participants in the Ontario market because it establishes a framework for the scope of the Board's jurisdiction in a rule amendment review, the breadth of documentary production required by the IESO, the allocation of the burden of proof in such applications, and the applicable test under the legislation.

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Larry Cobb, Glenn Zacher, and Kirsten Iler

After a history of false starts, in late April the federal government announced its new climate change plan, Turning the Corner, which among other things would establish Canada's first, national emissions trading system. The government's Regulatory Framework for Air Emissions document describes the proposed air emissions regulations, which are broad and cover greenhouse gas (GHG) emissions and other pollutants.

Among other features, the proposed regulations would set mandatory, intensity-based (i.e., per unit of production) GHG reduction targets for industrial emitters of 18% (relative to 2006 levels) by 2010. Targets would then rise by 2% per year to reach 26% by 2015. On the basis of these revised targets, Canada would not meet its obligations under the Kyoto Protocol of achieving an absolute reduction in GHGs of 6% by 2012, relative to 1990 levels.

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