Update on Proposed Bill 39

On March 26, 2013, Ontario’s Deputy Energy Critic Lisa Thompson introduced Private Members’ Bill 39 to the legislature. Although this bill did not make beyond a first reading, it could have had a significant impact on developers and lenders in the project space by limiting the pipeline of potential renewable energy projects in Ontario.

In particular, the bill would have eliminated the feed-in-tariff (FIT) program by way of an amendment to the Electricity Act, 1998. The amendment would have prohibited the Ontario Power Authority from contracting for the procurement of electricity from renewable energy sources unless the price of the supply did not exceed the price that would be payable if the supply were derived from non-renewable energy sources. In other words, it would have ended subsidies for renewable power projects in Ontario. Bill 38 would also have changed the way renewables projects were approved by ensuring that wind turbines were only installed after they have been authorized by a host municipality and by making it illegal to install or operate wind turbines in the Niagara Escarpment and Oak Ridges Moraine.

A copy of Bill 39 can be found on the Legislative Assembly of Ontario website.

Bill 38 Electricity Act feed-in-tariff FIT Legislative Assembly of Ontario Lisa Thompson Niagara Escarpment Oak Ridges Moraine Ontario Power Authority Private Members’ Bill 39 subsidy



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