White Pines Wind Project Termination Act, 2018, S.O. 2018, c. 10, Sched. 2

• Jurisdiction: Ontario

White Pines Wind Project Termination Act, 2018

S.o. 2018, chapter 10
Schedule 2

Consolidation Period: From December 6, 2018 to the e-Laws currency date.

Last amendment: 2018, c. 17, Sched. 44.

Definitions

1 (1) In this Act,

“Crown” means the Crown in right of Ontario; (“Couronne”)

“IESO” has the same meaning as in subsection 2 (1) of the Electricity Act, 1998; (“SIERE”)

“prescribed” means prescribed by the regulations; (“prescrit”)

“regulations” means the regulations made under this Act; (“règlements”)

“White Pines Wind Project” means the project that is the subject of the Feed-in Tariff Contract referred to in paragraph 1 of subsection 3 (1). (“projet de parc éolien White Pines”)

Interpretation, reference to instruments

(2) A reference in section 2 or 3 to a permit, approval, contract, agreement or other instrument includes reference to any amendments made to the permit, approval, contract, agreement or other instrument.

Revocation of approvals, permits related to White Pines Wind Project

2 (1) The following are deemed to have been revoked on July 10, 2018:

1. Renewable energy approval number 2344-9R6RWR, dated July 16, 2015, issued to wpd White Pines Wind Incorporated under section 47.5 of the Environmental Protection Act.

2. Permit #PT-C-010-13, dated September 8, 2015, issued to wpd White Pines Wind Incorporated under clause 17 (2) (c) of the Endangered Species Act, 2007 for impacts to the habitats of bobolink, Eastern meadowlark and Eastern whip-poor-will.

Further revocations by regulation

(2) Any other approval, permit or other instrument issued to wpd White Pines Wind Incorporated in relation to the White Pines Wind Project that may be prescribed for the purposes of this subsection is deemed to have been revoked on July 10, 2018 or, if the regulations so provide, is revoked or deemed to have been revoked on such later date as the regulations may specify.

Termination of contracts, agreements related to White Pines Wind Project

3 (1) The following are deemed to have been terminated on July 10, 2018:

1. The contract dated May 4, 2010 and titled “Feed-in Tariff Contract” between the IESO and wpd White Pines Wind Incorporated.

2. Any agreements related to the contract referred to in paragraph 1 to which the IESO and wpd White Pines Wind Incorporated are parties, including the agreement dated June 22, 2018, titled “Secured Lender Consent and Acknowledgement Agreement” and entered into by the IESO, wpd White Pines Wind Incorporated, and KfW IPEX-Bank Gmbh as security agent.

Further terminations by regulation

(2) Any other contract or agreement to which wpd White Pines Wind Incorporated was a party in relation to the White Pines Wind Project that may be prescribed for the purposes of this subsection is deemed to have been terminated on July 10, 2018 or, if the regulations so provide, is terminated or deemed to have been terminated on such later date as the regulations may specify.

Duties of wpd White Pines Wind Incorporated

4 (1) wpd White Pines Wind Incorporated shall ensure that the White Pines Wind Project is decommissioned in accordance with regulations made under this Act or the Environmental Protection Act.

Clean and safe conditions

(2) wpd White Pines Wind Incorporated shall ensure that until it withdraws from the lands on which the White Pines Wind Project is located those lands are maintained in a clean and safe condition, and that they are left that way on its withdrawal from the lands.

Liability for related Crown costs

(3) wpd White Pines Wind Incorporated is liable to the Crown for any costs or liabilities the Crown may incur as a result of,

(a) a failure of wpd White Pines Wind Incorporated to meet its obligations under subsection (1) or (2); or

(b) wpd White Pines Wind Incorporated not maintaining the lands on which the White Pines Wind Project is located in a clean and safe condition on and after July 10, 2018 and before the day this Act comes into force.

Off-set

(4) For greater certainty, amounts payable to the Crown under subsection (3) may be set off against compensation payable by the Crown under section 6.

Extinguishment of causes of action

5 (1) No cause of action arises against the Crown, any current or former member of the Executive Council or any current or former employee or agent of or advisor to the Crown, or against the IESO or any of its current or former directors, officers, employees or agents, as a direct or indirect result of,

(a) the enactment, operation, administration or repeal of any provision of this Act or the regulations;

(b) anything done or not done in order to comply with this Act or the regulations;

(c) any revocation, cessation or termination of an instrument or of contractual or other rights under this Act; or

(d) any representation or other conduct that is related, directly or indirectly, to the White Pines Wind Project or any instrument referred to in section 2 or 3.

Proceedings barred

(2) No proceeding, including but not limited to any proceeding for a remedy in contract, restitution, tort, misfeasance, bad faith, trust or fiduciary obligation, or any remedy under any statute, that is directly or indirectly based on or related to anything referred to in subsection (1) may be brought or maintained against a person referred to in that subsection.

Application

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