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ARTICLE · 09 AUGUST 2011

Ontario Minister Of Energy Announces Key Changes For Fit Projects

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On Tuesday August 2, the Ontario Minister of Energy announced three changes to development processes for renewable energy projects with the goals of providing increased stability and predictability to project development.

CanadaEnergy and Natural Resources
Borden Ladner Gervais LLP
Borden Ladner Gervais LLP
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On Tuesday August 2, the Ontario Minister of Energy announced three changes to development processes for renewable energy projects with the goals of providing increased stability and predictability to project development.

The first is the issuance on August 2, 2011 of a Ministerial directive to the OPA requiring the OPA to allow FIT contract holders to elect to obtain a waiver of the OPA's termination rights contemplated under Section 2.4(a) of the FIT Contract, provided the Supplier can meet specified conditions. The conditions vary for CAE and non-CAE projects. In general terms, developers who are able to demonstrate a completed Domestic Content Plan and a manufacturing equipment agreement will now be able to request a waiver of the Ontario Power Authority's termination rights included in the Notice to Proceed provisions of Feed in Tariff contracts. The Supplier must satisfy these conditions by December 31, 2011. Projects will still be required to submit a

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