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Iroquois Falls Power Corporation v Ontario Electricity Financial Corporation and the Treatment of Contractual Interpretation

Authors: Reena Goyal and James Hunter ×

Overview The Ontario Court of Appeal’s decision in Iroquois Falls Power Corporation v Ontario Electricity Financial Corporation2 (“Iroquois Falls”) suggests that the bar for successfully appealing findings of contractual interpretation may be at its highest in the context of certain […]

September 2016 – Volume 4, issue 3 2016
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Recent Regulatory Developments in Atlantic Canada: Community Challenges to COMFIT Wind Projects

Author: Sara Mahaney ×

Within the last year, the Nova Scotia Utility and Review Board (“UARB”) decided two cases involving appeals to the UARB of wind energy projects being developed under Nova Scotia’s Community Feed-In Tariff (“COMFIT”) Program. The COMFIT Program was established by […]

September 2016 – Volume 4, issue 3 2016
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The Northern Gateway Project and the Federal Court of Appeal: The Regulatory Process and the Crown’s Duty to Consult

Author: Keith B. Bergner ×

In Gitxaala Nation v Canada (“Northern Gateway”, or “FCA decision”)2, a 2-to-1 majority of the Federal Court of Appeal quashed the June 2014 Order in Council that required the National Energy Board (“NEB” or “Board”) to issue Certificates of Public […]

September 2016 – Volume 4, issue 3 2016
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Articles

Transmission Competition in the United States: The New Reality

Author: Scott Hempling ×

Readers of a certain age learned as infants that “transmission is a natural monopoly.”  If so, then “transmission competition” is an oxymoron, right?  Wrong, said FERC.  In Order 1000, FERC directed incumbent transmission owners to delete the contract clauses they […]

September 2016 – Volume 4, issue 3 2016
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Articles

Consumer Advocacy in Ontario’s Energy Sector: A New Model

Authors: Adam Fremeth and Guy Holburn ×

As energy costs in Ontario have continued to rise, the effective representation of consumers in regulatory rate-setting procedures and other hearings has become increasingly important. This Policy Brief reviews recent developments in the representation of consumer interests in regulatory procedures […]

September 2016 – Volume 4, issue 3 2016
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Articles

Rational vs. “Feel-Good” Carbon Policy – Transferability, Subsidiarity and Separation

Rational vs. “Feel-Good” Carbon Policy – Transferability, Subsidiarity and Separation

Author: Adonis Yatchew ×

Introduction1 Public policy on decarbonisation is driven to a large degree by specific carbon targets put forth by politicians and policy makers. In Western economies, this often involves targeted reductions of total output of atmospheric carbon, though such reductions are […]

September 2016 – Volume 4, issue 3 2016
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Articles

Constitutional Implications of Quebec’s Review of Energy East

Author: Daniel Gralnick ×

TransCanada’s proposed Energy East pipeline (“the project”) may experience yet another challenge as it will likely undergo an environmental impact assessment and review (“EIAR”) by Quebec’s Bureau d’audience publique sur l’environnement (“BAPE”), as required by the province’s Environment Quality Act […]

September 2016 – Volume 4, issue 3 2016
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Editorials

Editorial

Authors: Rowland J. Harrison, K.C. and Gordon E. Kaiser ×

  The challenges posed by the production, distribution and consumption of energy in today’s world continue to escalate at a rapid pace that confutes any perception of energy regulation as dry and remote – somewhat stable and reasonably predictable. Stability […]

September 2016 – Volume 4, issue 3 2016
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