• 29 Jun 2018 12:00 PM | Obie Agusiegbe
    The Generation Energy Council is made up of 14 experts in clean energy brought together to advise on how Canada can transition to a reliable, affordable, low-carbon economy in the future. Click link to learn more about the Generation Energy Council and to read their recent report:
  • 14 Jun 2018 11:52 AM | Anonymous

    The Current Political Landscape in Ontario

    The provincial election taking place in Ontario on June 12, 2014, is creating some uncertainty as to what the future may hold for the Ontario Power Authority (OPA) Feed-in Tariff (FIT) Program and, more specifically, what could happen to existing FIT and microFIT contracts held by renewable energy suppliers developing or operating wind, solar, waterpower, biomass, biogas and landfill gas projects. More than a few media outlets have reported various political candidate pronouncements regarding Ontario’s FIT and microFIT programs, which, in some cases, imply that existing FIT contracts are to be scrutinized and possibly revised and/or terminated.

    Status of the FIT and microFIT Programs and Potential Cancellation

    The FIT Program is currently only open for applications to construct “small” FIT projects that generate 250 kW or less of electricity, as well as solar rooftop projects under the OPA’s Unconstructed Rooftop Solar Pilot program, which is part of the FIT Program. The microFIT Program remains open for applications for a total procurement target of 65.3 MW for 2014. Of the 10.6 GW of renewable energy generation capacity currently under contract with the OPA, approximately 5.4 GW has achieved commercial operation and 5.3 GW is contracted but still under development. 

    Of the more than 20,000 FIT and microFIT contract holders located in Ontario, it is the owners of the “pre-COD”/“still-under-development” projects who will be watching Ontario’s pre- and post-election news coverage most keenly in the coming weeks and months.

    The Minister’s Directive Power

    As readers will know, the Electricity Act, 1998 authorizes Ontario’s Minister of Energy to direct the OPA on certain energy matters to reflect government policy. It is in part because of the directive power of the Minister that the OPA must be seen as a politically-directed governmental agency entity – rather than the independent contracting agency that it was initially designed to be. Utilizing this directive power, Ontario’s various successive energy ministers launched the development of North America’s first feed-in tariff program for renewable energy resources and then subsequently made modifications to the program.

    The energy minister’s directive power under the Electricity Act includes, among other things, the authority to promulgate, modify and cancel programs such as the FIT Program – as industry watchers have seen done with some frequency over the course of the development of the FIT Program since 2009. In other words, and for the sake of clarity, there is no need for a change in government in order for changes to occur in Ontario’s FIT Program. The existing FIT and microFIT procurement programs can, and are, continuously modified, tweaked, refined and, occasionally, cancelled by direction from the minister.   

    Termination of Existing FIT and microFIT Contracts

    There may be a general misperception that FIT contracts are long-term agreements that cannot be cancelled or terminated once they are executed. The reality is more nuanced. The FIT contract contains provisions governing termination rights, which in certain circumstances arise well before the expiry of the term of the agreement. Certain termination rights will depend on whether a supplier requests (and the OPA issues) a Notice-to-Proceed (NTP) with the construction of a given project in accordance with the terms of a FIT contract. NTP is a submission from the supplier to the OPA, in prescribed form, that certain conditions set forth in the FIT contract have been completed or satisfied.

    The Pre-NTP Contracts

    FIT contracts, by their express terms, can be unilaterally terminated by the OPA or the supplier prior to NTP – unless the OPA has waived its right to terminate prior to NTP, as it did for certain FIT contract holders who opted to make certain concessions with regard to domestic content compliance pursuant to the Ministerial Directive of August 2, 2011. These discretionary pre-NTP termination rights result in certain financial consequences to the non-terminating party, which are set forth as exclusive remedies: (i) in the case of the OPA, it is entitled to liquidated damages equal to the security that the supplier was required to provide as of date of such termination (subject to a defined exception for a wind facility where the wind resource is ultimately determined to be insufficient for the purposes of the project), and (ii) in the case of the supplier, it is entitled to recover certain development costs incurred prior to the termination date up to a pre-determined cap (currently set in version 3 of the form of FIT Contract at $250,000 per facility plus $10.00 per kW of contract capacity).     

    The Post-NTP Contracts

    FIT contracts cannot, by their express terms, be unilaterally terminated by the OPA or the supplier following NTP unless either one of them is subject to an event of default, the terms of which are expressly set out in the form of FIT Contract. Even if the FIT Contract is terminated post-NTP as a result of an event of default neither the OPA nor the supplier are restricted from pursuing any other remedies available to each of them in connection with such termination. The unilateral termination of a post-NTP FIT contract pertaining to a sizeable FIT project early into a twenty-year term for something other than an event of default (such as a repudiation of the agreement) would likely be a very costly adventure for the government, which undertook it. In such an event contract damages alone could be significant, as the general rule of contracts is to put the non-breaching party in the position they would have been in had the breach not occurred or the contract been performed.  

    Discriminatory Action

    A perhaps somewhat overlooked section of the form of FIT Contract deals with the consequences of “discriminatory actions” by the Legislative Assembly of Ontario. Non-discriminatory action clauses, developed and refined over the past three decades by project sponsors working on projects reliant upon concessions from government counterparties somewhat less reputable than Ontario, seek to provide project sponsors with some form of protection should the government take action to unilaterally amend the terms of the concession contract or affect an increase to the taxes, regulatory burden or other costs associated with the project in a way that could not have been reasonably expected under the terms of the original concession. 

    Ontario’s FIT contracts all contain a short-form version of a non-discriminatory action clause which, though protective of the supplier, is subject to key exceptions, including the passage of laws that are of “general application” and new regulations created under theGreen Energy and Green Economy Act, 2009. It is also worth noting that, unlike project finance concession agreements designed for use in emerging markets, which might provide for dispute resolution outside of the jurisdiction, the FIT contract is subject to dispute resolution provisions contemplating arbitration in Toronto. 

    The non-discriminatory action clause contained in Ontario’s FIT contracts is less than perfect from a sponsor’s viewpoint; however, it does provide some basic protection.

    The possibility exists of new laws or regulations coming into force after the election that would have an adverse effect on suppliers who are in a post-NTP or post-commercial operation position under an existing FIT Contract. Given Ontario’s long history of carefully honouring electricity sector concession holder’s contractual rights, it seems unlikely that a new government would seek to use regulatory or legislative change to indirectly penalize electricity sector investors – particularly given the clear pre-NTP cancellation rights already existing in the FIT contracts. If unilateral legislative or regulatory change is promulgated, the challenge for suppliers will be to demonstrate that a specific law is not of general application or to challenge the scope of a regulation under the Green Energy and Green Economy Act, 2009. A government seeking to table unilateral changes of a material nature to the FIT program would presumably be made cognizant of the potential impact that such changes would have on the province’s reputation, as a contracting party and its credit rating by the Ministry of Finance.

    In summary, we see parties holding FIT contracts which are pre-NTP as being most at risk from a possible change in government in Ontario and view post-NTP and, particularly, currently operating projects as being less at risk.

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  • 11 Jun 2018 2:16 PM | Obie Agusiegbe
    On Thursday, June 7, 2018, the people of Ontario elected a new provincial Progressive Conservative government, and based on the final results, the party earned a strong mandate to implement the policy proposals which they campaigned. The PC campaign platform included a number of proposed measures which if fully implemented, may have significant impacts on the members of OSEA. Electoral campaigns are dynamic processes where political positions evolve, and this election was particularly volatile, therefore, so any electoral pronouncements made in the heat of a campaign should be regarded judiciously since they can be amended once a government takes the reigns of power and are in a better position to assess all the implications and nuances of specific policy direction. In addition, what we, the public, understand about policy positions is subject in large part to the filters applied by the media, as it tries to interpret complex issues. Given all these caveats, we believe that there are several PC platform positions that OSEA’s members should be aware of that if implemented can impact our sector including the following proposals:
    • ·         Cancellation of the Ontario Green Energy and Economy Act (2009)
    • ·         Cancellation of the Cap and Trade system for Green House Gas (GHG) emissions
    • ·         Changes to the leadership of Hydro One
    • ·         Reduction of electrical power prices for some sectors
    • ·         Reduction in taxes on gasoline fuel

    OSEA’s mandate is to promote the sustainable use of energy in all of its forms.  Our energy sector must be sustainable environmentally, but it also must be sustainable physically and economically. In this sense we share the government’s concern that our economy relies on an energy sector that meets all of society’s needs. It may be recalled that the words ecology and ecology both come from the same root, the Greek word oikos, which relates to family and home. It is in the interest of all of the citizen’s of Ontario that we maintain an energy system that keeps our homes and families served with sustainable energy we all need to maintain the lifestyle that we all aspire to. To this end, the board of directors of OSEA have taken the following measures to help foster and champion the virtue of the sustainable energy sector in Ontario:

    • ·         OSEA started a membership drive to encourage the participation of even more sector members
    • ·         OSEA is implementing a member survey to solicit input about how we can be more effective
    • ·         OSEA began an outreach program to partner with other organizations with complimentary goals
    • ·         OSEA is now advocating for export opportunities for sustainability technologies and expertise
    • ·         Green Energy Doors Open will be celebrated across Ontario the weekend of September 22-23
    • ·         OSEA initiated planning for our annual 2019 Powering for Prosperity – our sector’s gala event

    Most of all, we want to strengthen our relationship with all of our members, partners and friends in order to build on all the successes of the Ontario sustainable energy sector, and work hard to realize the incredible potential of all the members of our dynamic and diverse sector.

    Signed By:

    The Board, Ontario Sustainable Energy Association


  • 14 May 2018 4:30 PM | Obie Agusiegbe

    Dear OSEA Members and Supporters:

    We recently sent an email survey to our members and supporters asking for feedback on OSEA's New Direction.

    The same survey can be found at

    The Ontario Sustainable Energy Association is interested in learning more about your activity and interests to better serve our members and sector. We would therefore appreciate your time and contribution to the formulation of a new strategic direction for the sustainable energy sector. We look forward to hearing what you have to say.


    Dan Goldberger

  • 14 May 2018 3:52 PM | Obie Agusiegbe

    To the Members and Supporters of OSEA from the Board of Directors

    May 14, 2018

    Over the past several months, the Ontario Sustainable Energy Association (OSEA), has been active in hosting the P4P Gala Event held in Toronto in February, and was exploring possible avenues with various donors and institutions in the environmental sector.

    As you may know now, OSEA is moving in a fresh new direction to better serve our membership. The Board would like to thank both the former Chair of the Board, Mr. Peter Black, who departed soon after the Powering 4 Prosperity Gala, and Ms. Wilkinson, who volunteered as Interim Executive Director, for her passion to sustainability issues and our members.

    On a positive front, the Board has approved a new Mission Statement for OSEA:

    “Ontario Sustainable Energy Association (OSEA) advocates for its members and the public to provide education and promote sustainable energy initiatives through policy development, business collaboration, and public awareness campaigns”.

    OSEA’s new Core Goals include the following areas;

    -Indigenous Engagement

    -A Northern Ontario Community Focus

    -Exporting Ontario’s sustainable and energy expertise

    -Carbon Pricing

    -Advocacy and Policy Advice to Provincial Parties

    As we progress to implement the above Mission Statement and Core Goals, we are launching a Survey shortly to gain your insights as mentioned earlier, in order to better serve the membership.  We invite your input, and hope to have your expertise build a stronger more relevant OSEA for its collective members and society.



    Dan Goldberger,

    Chair, on behalf of the Board of Directors, OSEA


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  • 05 Jan 2018 12:11 PM | Anonymous

    OSEA – Ontario Sustainable Energy Association

    Annual General Meeting of the Membership – in person and via conference call

    Date: Tuesday, December 19th, 2017 from 9:30 – 10:30am

    Held in person and via conference call

    Location:        Ontario Sustainable Energy Association

    Duke Heights, 2 Champagne Drive Unit C-9

    Toronto, ON  M3J 0K2


    Directors & Officers present: Peter Black (Chair), Mary Sye (Vice Chair), Dan

    Goldberger (Treasurer), Tonja Leach (Board Member), Obie Agusiegbe (Board Member), and Janis Wilkinson (Interim Executive Director),

                Others present: Regrets: Walter Manitowabi, Paul Cairns, Peter Chan

    • 1.       Opening of Meeting
    • The meeting was called to order at 9:32 am by the Chair, P. Black and quorum was declared present.
    • a.       The members present consented to this meeting being held by teleconference and to waive any notice requirements for this meeting.
    • 2.       Motion to Approve Agenda

    Be it resolved that:

    • A.     The Agenda be approved without changes (Document no 1).

    Moved by: T. Leach, Seconded by P. Chan

    • 3.       Motion to Approve Minutes of March 31, 2016
    • Be it resolved that:
    • A.     The Minutes of March 31, 2016 be approved with no changes (Document no 2)

    Moved by: J. Wilkinson, Seconded by P. Chan

    • 4.       Formal Motions to be passed together on consent

    Be it resolved that the following motions be passed together on consent:

    • A.     That the Accounting Firm BDO LLP located in Guelph, Ontario to be appointed as the 2017/2018 Auditor / Public Accountant of OSEA.
    • B.      That the 2015/2016 unaudited Financial Statements be received. (Document no 3).
    • C.     That the 2016/2017 unaudited Financial Statements be received. (Document no 4).
    • D.     That five (5) FIVE new board members be appointed as a member(s) of OSEA’s Board of Directors for a two-year term ending as of the close of the December 2019.
    • E.      That (6) SIX current board members are confirmed to continue in a volunteer position for another year ending December 2018.

    Moved by: D. Goldberger, Seconded by T. Leach

    • 5.       The Chair asked if there were any questions or concerns that should be added into the minutes.  The Chair acknowledged no questions.
    • 6.       New Board members present introduced themselves.

    7.       Adjournment

    • With no further questions the Chair adjourned the meeting at 9:32am

  • 08 Dec 2017 3:35 PM | Anonymous

    The past two weeks OSEA has had the honour of sponsoring two amazing conferences in the renewable energy sector. First, we were present at the Scaling Up Conference in Ottawa where hundreds of delegates met to discuss emergence of the bioeconomy. Next, OSEA was a supporting partner at CanSIA’s Solar Canada Conference in Toronto on December 4th and 5th. Here, thousands of delegates met and discussed the latest trends in solar energy and the incredible opportunities afoot as we push towards 2020 and beyond.

    Scaling up 2017 was a 3-day event, from November 27th to November 29th in Ottawa, Ontario. This conference was held to discuss a variety of topics in the global bioeconomy market. Present at the conference was Honourable Jim Carr, Minister of Natural Resources Canada who delivered the keynote opening remarks. The conference included a series of sessions including: Getting to Mainstream: The future for the Global Bioeconomy, Showcasing Bio-Technology today, The Bio-circular Economy: Climate Targets, Global Supply Chains, and Way Beyond Paris and many others!

    Solar Canada is one of Canada’s largest solar energy events and is the brainchild of CanSIA. This two-day event took place in Toronto, Ontario where thousands of attendees—from solar energy professionals, stakeholders to advocates for this growing market—came together connect with other industry professionals. Solar Canada 2017 represented the entire solar industry from solar integration and development companies, to communities and students.

    We here at OSEA pride ourselves on being a part of the renewable sector and we were happy to support both of these ambitious conference’s. As we chart a bold course into 2018 and beyond, OSEA will continue to be present at industry events such as these; advocating, educating and promoting sustainable energy in Ontario and beyond. 

  • 10 Nov 2017 11:01 AM | Anonymous

    OSEA's 8th Annual Powering for Prosperity Awards! 

    For more than sixteen years OSEA has been at the vanguard of the energy sector working with communities, businesses, institutions, and public and private sector organizations to champion its vision of a prosperous Ontario with thriving sustainable energy sector powered, heated, cooled and moved by portfolios of renewable energy, conservation, and energy efficiency technologies, creating good jobs, resilient communities, and healthy environments.

    It's time to celebrate! On Thursday, February 8th, 2018, we will turn the spotlight on the champions of our sector, and honour them during OSEA's 8th annual Powering for Prosperity Awards dinner at the Fontana Primavera Event Centre in Vaughan, Ontario.  

    We hope you will join us! 

    Early-Bird Tickets Available Now

    Member Tickets only $195+HST
    (Save $100)

    Non-Member Tickets only $295+HST
    (Save $100)

    Buy 2018 Powering for Prosperity Tickets

    Award Categories:

    • Leadership Award
    • Community Project of the Year Award
    • Sustainable Project of the Year Award
    • Non-Profit organization of the Year Award
    • Sustainable Enterprise of the Year Award
    • of the Year Award
    • Special Recognition Award (non-nomination)

    Great news! Nominations are paperless this year. 

    Do you know of any individuals or organizations in the sustainable energy sector that deserve recognition and reward? Nominations are now open for the 2018 Powering Prosperity Awards. Please follow the links below and take advantage of our new paperless nomination process.

    For more details on the awards categories, click here

    To submit your nomination, click here

    To view general rules and guidelines, click here

    Nominations will be open from today until December 22nd, 2018.

    Thank you to our Sponsors

    Award Sponsor


    Power Sponsors


    Table Sponsors

  • 26 Oct 2017 10:54 AM | Anonymous

    Dear OSEA members,

    Today, on October 26th, Ontario released the 2017 Long-Term Energy Plan(LTEP), Delivering Fairness and Choice—that focuses on energy, affordability, innovation and customer choice in Ontario. The purpose of the LTEP is to forecast and prepare for Ontario’s (bright) energy future!

    Since 2003, approximately $70 billion have been invested into Ontario’s electricity system. This investment played a key role in phasing-out coal generation in 2004 and has set Ontario up for a clean energy future. Fast-forward to 2016, 90% of all generation in Ontario was from non-emitting sources. One of Ontario’s long-term goals includes reducing greenhouse gas emissions to 37% below 1990 levels by 2030.

    Ontario’s Fair Hydro Plan, launched in July of this year, reduces the electricity bills of residential consumers by 25 percent on average and holds, to the rate of inflation, any increases in bills for four years. Delivering on the affordability and customer choice fronts, the 2017 LTEP confirms that electricity prices are expected to remain below those estimated by the 2013 LTEP. Additionally, the 2017 LTEP aims to expand Green Button to the entire province so that customers have an increased level of control regarding their energy conservation opportunities.

    Due to the shutdown and refurbishments of various nuclear-generating stations, a capacity shortfall is expected in early-mid 2020. This need for capacity will be addressed via IESO’s Market Renewal Initiative that aims to redesign Ontario’s energy markets. Ontario plans to rely less and less on long-term electricity contracts and hopes to move towards a market-based approach.

    The 2017 LTEP was possible thanks to the thousands of people across Ontario that were actively involved in the development stages of the LTEP. This includes over 500 stakeholders, hundreds on Ontarians, almost 100 Indigenous communities and organizations, as well as thousands of formal and informal submissions. The LTEP is committed to Delivering Fairness and Choice by making energy utilization, cleaner and more affordable in Ontario.

    You may read the complete news release here: 2017 Long-Term Energy Plan

    OSEA is grateful for the opportunity to attend 2017-LTEP, Delivering Fairness and Choice, and looks forward to helping Ontario move towards a sustainable energy future!


    Janis Wilkinson
    Interim Executive Director

  • 25 Oct 2017 10:56 AM | Anonymous

    Dear OSEA members,

    OSEA attended the long-awaited Biomass North Forum 2017—Opportunities for Challenging Times from October 11th -12th in Thunder Bay, Ontario. The forum, trending as #BNDC2017, explored the various challenges that the forest bioeconomy is presently facing and proactively discussed the diverse areas of opportunities that exist for its improvement. It was a highly-informative, well-organized event that included an expert keynote speaker, a variety of educational workshops, a trade exhibition, interactive tours, ample networking opportunity and a celebratory awards dinner ceremony.

    Some major issues presented by #BNDC2017 regarding the forest bioeconomy included the North American Free Trade Agreement (NAFTA), the softwood lumber dispute, economic development barriers in the North, Northern infrastructure challenges, adapting to climate change, and sector transformation. Their proposed opportunities for growth areas include but are not limited to, the Ring of Fire, FDI opportunities afforded by CETA, bioenergy projects and initiatives, partnerships between industry, municipalities and First Nations, Government support programs and technical and social innovations. The forum successfully addressed these challenges and opportunities from the diverse perspectives of sustainable trade, international perspectives and opportunities, programs and policies, solutions and success stories, Northern development, and cutting-edge research and innovation.

    Kai Mykkänen, Minister of Foreign Trade and Development, was one of the many exceptional speakers present, and delivered the keynote address. Based in Finland, he is responsible for dealing with matters regarding trade policy and development cooperation, and represented Finland at the Canada-Finland Bioeconomy Seminar on October 10th. Other notable experts include First Nations representatives, research professors, energy engineers, policy analysts, etc.

    #BNDC2017 also included highly-educational workshops on:Ontario’s regulations and guidelines for use of small wood-fired combustors, the Northern Ontario Bioeconomy Strategy, and the economics of carbon pricing. The first was hosted by MOECC and consisted of an open-discussion on various topics relating to the use of small wood-fired combustors including the Environmental Policy Act, air quality regulations, emission controls and combustion guidelines. The second was hosted by BNDC and discussed policy and regulatory barriers that interfere with sustainable bioenergy projects. It also defined strategic guidelines that will allow for the easy transition to abioeconomy and included demonstrations based upon sustainable supply, bioenergy & biofuels,biocomposities & biochemicals, and traditional medicines & foods. It also provided information on how to get involved with NO-BS working groups and how to become an industry partner. The third was hosted by Climate Fix and discussed key issues such as climate change, carbon pricing policies, carbon reportingtimelines and carbon inventorying. OSEA thoroughly enjoyed the educational, yet interactive aspect of the workshops presented at this year's forum.

    OSEA would like to congratulate the organizers of #BNDC2017 for a hosting a fantastic event, and we look forward to attending many more Biomass North Development Centre forums in the future!


    Janis Wilkinson
    Interim Executive Director

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