Energy Minister can cancel wind power contracts

Despite statements made to the media by Ontario Energy Minister Bob Chiarelli that it would be “illegal” to cancel Feed In Tariff contracts with wind power developers, court documents show that the opposite is true, Wind Concerns Ontario states in a letter to the minister today.

The decision in Trillium vs. Ontario, 2013, clearly states that governments are free to alter policies in the public interest.  As well, a legal opinion from Osler Hoskins Harcourt advises that companies in the renewable power business participate in government subsidy programs ‘at their own risk.’ That means, Mr. Chiarelli and his government could end these multi-million-dollar contracts if they want to.

At present, Ontario has 55 wind power projects in various stages of approval; if all are approved the costs to Ontario could be more than $1 billion a year or $22 billion over the 20-year life of the contracts.

Mr. Chiarelli said in the Legislature that Ontario has a surplus of power. The question for Ontario now is, why not end these contracts for power we don’t need and can’t afford? Does he answer to Ontarians, or the wind power lobby?

Trillium vs Ontario decision http://canlii.ca/en/on/onca/doc/2013/2013onca683/2013onca683.html

Osler Hoskins legal opinion http://www.mondaq.com/canada/x/282310/Renewables/Appeal+Court+Allows+2Billion+Wind+Farm+Action+to+Proceed+Against+Government+of+Ontario

Ontario’s $22B for wind http://www.freewco.blogspot.ca/p/ontarios-22b-for-wind.html

Jane Wilson, president
Wind Concerns Ontario