BC introduces Clean Energy Act

Jonathan S. Drance and Phil G. Griffin

In the most recent Throne Speech the Provincial Government of British Columbia announced a policy to transform the province into a "Clean Energy Powerhouse" and to become a global leader in managing and responding to climate change.

On April 28, 2010 the Provincial Government introduced the Clean Energy Act in the legislature. The Act is designed to achieve three primary policy objectives. The first objective is to achieve electricity self-sufficiency for BC by 2016, while maintaining low electricity rates for BC consumers. The second objective is to harness BC's clean power potential to create jobs in all regions of the province. The third objective is to strengthen environmental stewardship and reduce greenhouse-gas emissions.

To meet those objectives, the Clean Energy Act provides a new regulatory framework for long-term energy planning, an enhanced commitment to renewable electricity generation, and measures to promote electricity efficiency and conservation. More specifically, the Act provides for the following:

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Court of Appeal rules energy regulator can restrict a utility's dividends

Glenn Zacher and Patrick G. Duffy

In a decision released on April 20, 2010, the Ontario Court of Appeal reinstated an Ontario Energy Board (OEB) decision that required Toronto Hydro-Electric System Limited (THESL) to obtain the approval of a majority of its independent directors before declaring a dividend. The decision is notable because it reinforces the unique obligations that distinguish regulated monopolies from private corporations and indicates that regulators have considerable latitude to intervene where a regulated company fails to meet those obligations.

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