All the partisans for and against the Green Energy Act (GEA) screaming about the act’s demise are missing the forest for the trees. Premier Ford’s new legislation claiming to repeal McGuinty’s signature legislative legacy preserves the core of the original GEA.
Here is the legislation: https://www.ola.org/en/legislative-business/bills/parliament-42/session-1/bill-34 Notice that the original Green Energy Act had Schedules A through L whereas the new legislation addresses only Schedule A.
The new legislation only repeals the first layer of the Green Energy Act, municipal government zoning powers, leaving the original law’s essential core intact. That essential core is empowering ministers to issue directives to control Ontario’s energy future at whim.
Claims that the new legislation, Bill 34, will stop wind and solar also miss the point. Expansions of these generation technologies were almost completely halted long before this legislation arrived.
Wind and solar development under the GEA was simply a symptom of the bad governance structures it introduced, not the core of it.
By contrast to Dalton McGuinty’s beneficial electricity policy initiatives early after he was first elected — stabilizing electricity finances, effectively addressing gaps in the power system planning and promptly reversing supply gaps — @fordnation’s record so far is weak, confused and sometimes directly harmful to consumers.
Doug’s overall energy record so far:
Canning Hydro One board? Almost certain to weaken the utility in the long term.
Reducing surplus power by killing 758 contracts? A 0.01% rate cut, right direction but so small financially as to be hardly worth mentioning.
Gas expansion in rural areas? Doug’s PCs are even less committed to basic principles of user pay than Premier Wynne. (More)
His so-called “repeal” of the GEA? Restores powers to municipal governments but does nothing to curb the directive power that was and remains the core of the Green Energy Act.
There is almost no sign that after 15 years on the opposition benches, the PCs can come up with ideas for a smarter grid. Instead, they are delivering a scattering of slogan-driven, opinions-before-knowledge initiatives prepared with undue haste. So far, “For The People” is not turning out to be a reliable guide to addressing Ontario’s long-term energy needs. Before they announce their next energy initiative, the PCs might try doing some homework first.
Postscript Sept 24:
Bill 34 would preserve government’s authority with respect to energy efficiency labelling on appliances, which seems perfectly reasonable to me. I’m not cool with @fordnation preserving McGuinty’s creepy authoritarian powers, created by way of the original Green Energy Act, to order any person to disclose to the gov’t their data on energy and water use. Those powers could be abused.
My survey of the government’s record so far on energy policy should have included the closure of the Thunder Bay Generating Station, a small but positive initiative for consumers.
Tom…the restrictions are still there on Municipalities. Seems Bill 34 merely transferred sections 4 and 5 from the GEA to the Electricity Act – sections 25.35 and 25.35.1. put them beside each other and you will see they are virtually copied and pasted …Also have a look at 25.35.2 and 25.35.3…
Also Tom, the sections regarding the Planning Act do not remove restrictions on the Municipalities see section 62.0.2 and its extension as well as “regulations” being made …
Regulations re transitional matters, 2018 amendments
70.9 (1) The Lieutenant Governor in Council may make regulations governing transitional matters that, in the opinion of the Lieutenant Governor in Council, are necessary or advisable to deal with issues arising out of the amendments to this Act made by the Green Energy Repeal Act, 2018.
Same
(2) A regulation made under subsection (1) may, without limitation, provide that, despite its repeal by subsection 8 (9) of the Green Energy Repeal Act, 2018, section 62.0.2 of this Act as it reads immediately before its repeal applies, for a specified period of time and with necessary modifications, to specified renewable energy undertakings or specified classes of renewable energy undertakings or in specified circumstances.
Conflict
(3) A regulation made under this section prevails over any provision of this Act specifically mentioned in the regulation.
Retroactive effect
(4) A regulation made under this section is, if it so provides, effective with reference to a period before it is filed.
No cause of action
(5) No cause of action arises as a direct or indirect result of,
(a) the repeal of section 62.0.2;
(b) the making or revocation of any provision of a regulation made under this section;
(c) anything done or not done under this section or a regulation made under it; or
(d) any by-law or order that applies to any person as a direct or indirect result of anything referred to in clauses (a) to (c).
No remedy
(6) No costs, compensation, other than any compensation provided for under a regulation under subsection (1), or damages are owing or payable to any person and no remedy, including but not limited to a remedy in contract, restitution, tort, misfeasance, bad faith, trust or fiduciary obligation, is available to any person in connection with anything referred to in subsection (5).
Proceedings barred
(7) No proceeding, including but not limited to any proceeding for a remedy in contract, restitution, tort, misfeasance, bad faith, trust or fiduciary obligation, that is directly or indirectly based on or related to anything referred to in subsection (5) may be brought or maintained against any person.
Application
(8) Subsection (7) applies to any action or other proceeding claiming any remedy or relief, including specific performance, injunction, declaratory relief, any form of compensation or damages, or any other remedy or relief, and includes a proceeding to enforce a judgment or order made by a court or tribunal outside of Canada.
Retrospective effect
(9) Subsections (7) and (8) apply regardless of whether the cause of action on which the proceeding is purportedly based arose before, on or after the day subsection 8 (10) of the Green Energy Repeal Act, 2018 comes into force.
Proceedings set aside
(10) Any proceeding referred to in subsection (7) or (8) that is commenced before the day subsection 8 (10) of the Green Energy Repeal Act, 2018 comes into force is deemed to have been dismissed, without costs, on the day that provision comes into force.
No expropriation or injurious affection
(11) Nothing referred to in subsection (5) constitutes an expropriation or injurious affection for the purposes of the Expropriations Act or otherwise at law.
Person defined
(12) In this section,
“person†includes the Crown and its employees and agents, members of the Executive Council and municipalities and their employees and agents.
Section 62.0.2 can remain in effect and regulations can be made under section 70.9 to the same effect…
Section Renewable energy undertakings
Policy statements and provincial plans
62.0.2 (1) Despite any Act or regulation, the following do not apply to a renewable energy undertaking, except in relation to a decision under section 28 [Community Improvement] or Part VI:
1. A policy statement issued under subsection 3 (1).
2. A provincial plan, subject to subsection (2). 2009, c. 12, Sched. K, s. 3.
Exception
(2) Subsection (1) does not apply in respect of,
(a) the Niagara Escarpment Plan;
(b) another provincial plan, if the provincial plan is prescribed for the purposes of this subsection; or
(c) a provision of another provincial plan, if the provision is prescribed for the purposes of this subsection. 2009, c. 12, Sched. K, s. 3.
Official plans
(3) For greater certainty, an official plan does not affect a renewable energy undertaking. 2009, c. 12, Sched. K, s. 3.
Same
(4) Section 24 does not apply to,
(a) the undertaking of a public work that is a renewable energy undertaking or is intended to facilitate or support a renewable energy undertaking;
(b) the passing of a by-law with respect to a public work described in clause (a); or
(c) the passing of a by-law that is intended to facilitate or support a renewable energy undertaking. 2009, c. 12, Sched. K, s. 3.
Demolition control area
(5) A by-law passed under section 33 does not apply to a renewable energy undertaking. 2009, c. 12, Sched. K, s. 3.
By-laws and orders under Part V
(6) A by-law or order passed or made under Part V does not apply to a renewable energy undertaking. 2009, c. 12, Sched. K, s. 3.
Transition, existing agreements
(7) An agreement that is entered into under Part V before the day subsection 4 (1) of Schedule G to the Green Energy and Green Economy Act, 2009 comes into force applies to a renewable energy project, and to any related renewable energy testing facility and renewable energy testing project, until the day a renewable energy approval is issued under section 47.5 of the Environmental Protection Act in relation to the renewable energy project. 2009, c. 12, Sched. K, s. 3.
Development permit system
(8) A regulation or by-law made or passed under section 70.2 does not apply to a renewable energy undertaking. 2009, c. 12, Sched. K, s. 3.
City of Toronto Act, 2006, ss. 113, 114
(9) A by-law passed under section 113 or 114 of the City of Toronto Act, 2006 does not apply to a renewable energy undertaking. 2009, c. 12, Sched. K, s. 3.
Ontario Planning and Development Act, 1994, s. 17
(10) An order made under section 17 of the Ontario Planning and Development Act, 1994 does not apply to a renewable energy undertaking. 2009, c. 12, Sched. K, s. 3.