Alberta Record

· Order in Council / Generation Approvals Pause Regulation · in-force

Generation approvals pause regulation

The Lieutenant Governor in Council enacted the Generation Approvals Pause Regulation, temporarily prohibiting the Alberta Utilities Commission from granting certain approvals for hydro developments or power plants producing renewable elect…

Moderate impactCentralization of powerInstitutional independenceIndependent watchdogsThe public, directly

What changed

  • The Lieutenant Governor in Council made the Generation Approvals Pause Regulation (AR 108/2023) under the Alberta Utilities Commission Act.
  • The new regulation temporarily prohibits the Alberta Utilities Commission (AUC) from granting approvals for hydro developments or power plants that produce renewable electricity.
  • This prohibition overrides sections 9 and 11 of the Hydro and Electric Energy Act regarding such approvals.
  • The pause on approvals is effective immediately and will expire on February 29, 2024.
  • Exceptions to the pause include approvals for small power plants, isolated generating units, and micro-generation generating units.

Why it matters

  • This regulation temporarily restricts the statutory authority of the Alberta Utilities Commission to approve certain energy projects.
  • It centralises decision-making regarding the development of new renewable electricity and hydro projects by imposing a government-mandated pause.
  • The pause introduces a period of uncertainty for developers of large-scale renewable energy and hydro projects in Alberta.
  • The OIC establishes a precedent for the Lieutenant Governor in Council to directly intervene in and suspend the regulatory functions of the AUC.

Other governance concerns

  • Restriction of a regulatory body's statutory function
  • Temporary suspension of approvals for specific energy projects
  • Potential impact on investment in renewable energy infrastructure

Primary sources (1)

Secondary sources (4)