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ARTICLE · 12 SEPTEMBER 2012

Challenge To Changes In The Feed-in Tariff Program Dismissed By Divisional Court

Osler, Hoskin & Harcourt LLP
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In its recent decision in SkyPower CL I LP et al v Minister of Energy issued on September 10, 2012, the Divisional Court dismissed the Applicants’ assertions that the Minister of Energy and the Ontario Power Authority (the OPA) had acted unreasonably in failing to process applications in accordance with the Feed-in Tariff (the FIT) rules and that the changes to the FIT rules were unfair, discriminatory, and ultra vires the enabling legislation.

CanadaEnergy and Natural Resources
Osler, Hoskin & Harcourt LLP
Osler, Hoskin & Harcourt LLP
Elliot Smith
Elliot Smith
Lia Bruschetta
Lia Bruschetta
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Introduction

In its recent decision in SkyPower CL I LP et al v Minister of Energy issued on September 10, 2012,1the Divisional Court dismissed the Applicants' assertions that the Minister of Energy and the Ontario Power Authority (the OPA) had acted unreasonably in failing to process applications in accordance with the Feed-in Tariff (the FIT) rules and that the changes to the FIT rules were unfair, discriminatory, and ultra vires the enabling legislation.2 The application for judicial review, brought by 118 affiliated limited partnerships (the Applicants) that had submitted applications under the FIT program, was dismissed in its entirety.

Background

In May 2009, the Ontario government brought into force the Green Energy Act, 2009 (GEA) and amendments to the Electricity Act, 1998 to allow for the development of a Feed-in Tariff (FIT) program for the streamlined approval and contracting of renewable energy projects such as wind and solar farms. Under the

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