Section 1 (1) definition of "heritage assets" paragraphs (b) and (c) BEFORE amended by 2012-27-1, effective May 31, 2012 (Royal Assent).
(b) generation and storage assets identified in Schedule 1 of this Act, and
(c) equipment and facilities that are for the transmission or distribution of electricity and that are identified in Schedule 1 of this Act;
Section 1 (1) definition of "greenhouse gas" BEFORE amended by 2018-32-5,Sch, effective November 9, 2018 (BC Reg 235/2018).
"greenhouse gas" has the same meaning as in section 1 of the Greenhouse Gas Reduction Targets Act;
Section 1 (1) definitions of "expenditure for export", "feed-in tariff program" and "integrated resource plan" BEFORE repealed by 2019-24-1, effective May 16, 2019 (Royal Assent).
"expenditure for export" means the amount of an expenditure for the construction or extension of a plant or system or for an acquisition of electricity that is in addition to the amount the authority would have had to spend
(a) to achieve electricity self-sufficiency, and
(b) to undertake anything referred to in section 7 (1), except to the extent the expenditure is accounted for in paragraph (a);
"feed-in tariff program" means a program, that may be established under section 16, under which the authority offers to enter into energy supply contracts with persons generating electricity from clean or renewable resources using prescribed technologies in prescribed regions of British Columbia;
"integrated resource plan" means an integrated resource plan required to be submitted under section 3;
Section 2 (g) (v) BEFORE amended by 2018-32-5,Sch, effective November 9, 2018 (BC Reg 235/2018).
(v) by such other amounts as determined under the Greenhouse Gas Reduction Targets Act;
Section 2 (p) BEFORE repealed by 2019-24-2, effective May 16, 2019 (Royal Assent).
(p) to ensure the commission, under the Utilities Commission Act, continues to regulate the authority with respect to domestic rates but not with respect to expenditures for export, except as provided by this Act.
Section 3 (6) (a) BEFORE amended by 2011-13-31, effective June 2, 2011 (Royal Assent).
(a) within 18 months from the date this Part comes into force, and
Section 3 (6) (a) BEFORE amended by 2013-12-10, effective December 2, 2012 [retro from March 14, 2013 (Royal Assent).
(a) within 30 months from the date this Part comes into force, and
Section 3 BEFORE repealed by 2019-24-2, effective May 16, 2019 (Royal Assent).
Integrated resource plans
3 (1) The authority must submit to the minister, in accordance with subsection (6), an integrated resource plan that is consistent with good utility practice and that includes all of the following:
(a) a description of the authority's forecasts, over a defined period, of its energy and capacity requirements to achieve electricity self-sufficiency;
(b) a description of what the authority plans to do to achieve electricity self-sufficiency and to respond to British Columbia's other energy objectives, including plans respecting
(i) the implementation of demand-side measures,
(ii) the construction or extension of facilities,
(iii) the acquisition of electricity from other persons, and
(iv) the use of rates, including rates to encourage
(A) energy conservation or efficiency,
(B) the use of energy during periods of lower demand,
(C) the reduction of the energy demand the authority must serve, or
(D) the development and use of electricity from clean or renewable resources;
(c) a description of the consultations carried out by the authority respecting the development of the integrated resource plan;
(i) the expected export demand during a defined period,
(ii) the potential for British Columbia to meet that demand,
(iii) the actions the authority has taken to seek suitable opportunities for the export of electricity from clean or renewable resources, and
(iv) the extent to which the authority has arranged for contracts for the export of electricity and the transmission or other services necessary to facilitate those exports;
(e) if the authority plans to make an expenditure for export, a specification of the amount of the expenditure and a rationale for making it.
(2) In the first integrated resource plan the authority submits to the minister, and in any other integrated resource plan the minister by order specifies, the authority must include a description of the authority's infrastructure and capacity needs for electricity transmission for the period ending 30 years after the date the integrated resource plan is submitted.
(3) The description referred to in subsection (2) must include an assessment of the potential for developing, during the period referred to in subsection (2), grouped by geographic area, electricity generation from clean or renewable resources in British Columbia.
(4) The authority must carry out any consultations required by a regulation under section 35 (g) and submit a report to the minister, within the time prescribed, respecting those consultations.
(5) The authority must plan to rely on no energy and no capacity from Burrard Thermal, except in the case of emergency or as authorized by regulation.
(6) An integrated resource plan must be submitted
(a) within 38 months from the date this Part comes into force, and
(b) once every 5 years after the submission under paragraph (a), unless a submission date is prescribed for the purposes of this subsection, in which case an integrated resource plan must be submitted by the prescribed submission date.
(7) The authority may submit an amendment to an integrated resource plan approved under section 4, and section 4 applies to the submission.
(8) If the Lieutenant Governor in Council approves an amendment submitted under subsection (7), the approved amendment is to be considered a part of the approved integrated resource plan.
Section 4 BEFORE repealed by 2019-24-2, effective May 16, 2019 (Royal Assent).
Approval and procurement
4 (1) After the minister receives an integrated resource plan, the Lieutenant Governor in Council, for the purposes of sections 44.2 (5.1), 46 (3.3) and 71 (2.21) and (2.51) of the Utilities Commission Act, may, by order,
(a) approve or reject the plan, and
(b) if the Lieutenant Governor in Council is satisfied that it is in the interests of British Columbians to pursue opportunities for export, require the authority, its subsidiaries or both to do the following:
(i) begin a process or processes by the time specified in the order to acquire the specified amount per year of energy and capacity from clean or renewable resources;
(ii) acquire the energy and capacity referred to in subparagraph (i) within the time specified in the order;
(iii) secure the necessary transmission capacity;
(iv) submit, for the purposes of subsection (2), a report to the minister respecting the expenditures for export resulting from compliance with subparagraphs (i) to (iii).
(2) In an order under subsection (1) (b) of this section, the Lieutenant Governor in Council may exempt the authority from sections 45 to 47 of the Utilities Commission Act with respect to anything to be done under subsection (1) (b) (iii) of this section.
(3) The authority and its subsidiaries and persons and their successors and assigns who enter into an energy supply contract as a result of a process referred to in subsection (1) (b) (i) of this section are exempt from section 71 of the Utilities Commission Act with respect to the energy supply contract.
(4) The Lieutenant Governor in Council, for the purposes of subsection (5) (a), may approve a report submitted under subsection (1) (b) (iv).
(5) In setting rates for the authority, the commission must ensure that the rates do not allow the authority to recover
(a) its expenditures for export as set out in a report approved by the Lieutenant Governor in Council under subsection (4), and
Section 5 BEFORE repealed by 2019-24-2, effective May 16, 2019 (Royal Assent).
Status report
5 (1) The authority must submit to the minister, by the time the minister requires, a status report respecting the authority's most recently approved integrated resource plan.
(2) The minister must make public a status report submitted under subsection (1) in the same manner and at the same time that the minister makes public a service plan under the Budget Transparency and Accountability Act.
Section 6 (2) and (3) BEFORE amended by 2012-27-2, effective May 31, 2012 (Royal Assent).
(2) The authority must achieve electricity self-sufficiency by holding,
(a) by the year 2016 and each year after that, the rights to an amount of electricity that meets the electricity supply obligations, and
(b) by the year 2020 and each year after that, the rights to 3 000 gigawatt hours of energy, in addition to the amount of electricity referred to in paragraph (a), and the capacity required to integrate that energy
solely from electricity generating facilities within the Province,
(c) assuming no more in each year than the heritage energy capability, and
(d) relying on Burrard Thermal for no energy and no capacity, except as authorized by regulation.
(3) The authority must remain capable of meeting its electricity supply obligations from the electricity referred to in subsection (2) (a) and (b), except to the extent the authority may be permitted, by regulation, to enter into contracts in the prescribed circumstances and on the prescribed terms and conditions.
Section 6 (1) definition of "electricity supply obligations" BEFORE amended by 2019-24-3, effective May 16, 2019 (Royal Assent).
"electricity supply obligations" means
(a) electricity supply obligations for which rates are filed with the commission under section 61 of the Utilities Commission Act, and
(b) any other electricity supply obligations that exist at the time this section comes into force,
determined by using the authority's prescribed forecasts of its energy requirements and peak load, taking into account demand-side measures, that are in an integrated resource plan approved under section 4;
Section 8 (1) (b) (i) BEFORE amended by 2019-24-5(a), effective May 16, 2019 (Royal Assent).
(i) to the extent the expenditure is accounted for in paragraph (a), and
Section 8 (1) (b) (ii) BEFORE repealed by 2019-24-5(b), effective May 16, 2019 (Royal Assent).
(ii) for costs, prescribed for the purposes of this section, respecting the feed-in tariff program.
Section 10 definition of "stream" BEFORE amended by 2014-15-144, effective February 29, 2016 (BC Reg 35/2016).
"stream" has the same meaning as in section 1 of the Water Act;
Section 12 (1) definition of "protected area", paragraph (a) BEFORE amended by BC Reg 243/2013, effective November 28, 2013.
(a) a park, recreation area, or conservancy, as defined in section (1) of the Park Act,
Part 4, section 15, BEFORE repealed by 2024-20-2, effective May 16, 2024 (Royal Assent).
Part 4 — Standing Offer Program
Standing offer program
"eligible facility" means a generation facility that
(i) has only one generator and the generator's nameplate capacity is less than or equal to the maximum nameplate capacity or has more than one generator and the total nameplate capacity of all of them is a capacity less than or equal to the maximum nameplate capacity, or
(ii) meets the prescribed requirements, and
(i) is a high-efficiency cogeneration facility, or
(ii) generates energy by means of a prescribed technology or from clean or renewable resources,
but does not include a prescribed generation facility or class of generation facilities;
"maximum nameplate capacity" means 10 megawatts or, if another capacity is prescribed for the purposes of this section, the prescribed capacity.
(2) The authority must establish and, except in the prescribed circumstances, maintain a standing offer program to acquire electricity from eligible facilities.
(3) The authority may establish, in accordance with the prescribed requirements, if any, the criteria, terms and conditions on which offers under the standing offer program under subsection (2) are to be made.
Section 16 BEFORE repealed by 2019-24-7, effective May 16, 2019 (Royal Assent).
Feed-in tariff program
16 (1) To facilitate the achievement of one or more of British Columbia's energy objectives, the Lieutenant Governor in Council, by regulation, may require the authority to establish a feed-in tariff program.
(2) If the authority is required to establish a feed-in tariff program, the authority may establish, in accordance with the prescribed requirements, if any, the criteria, terms and conditions under which offers may be made under the feed-in tariff program.
(3) The authority may not enter into an energy supply contract as a result of an offer made under the feed-in tariff program if the energy supply contract, by itself or in aggregate with other energy supply contracts entered into under the feed-in tariff program, would result in an expenditure that exceeds the prescribed amount in the prescribed period.
(4) Without limiting section 34 (2) (c),
(a) requirements prescribed by the Lieutenant Governor in Council, and
(b) criteria, terms and conditions established by the authority
made for the purpose of subsection (2) may be made with respect to different regions, prices and technologies.
Section 20 (1) definition of "power project", paragraph (b), BEFORE amended by 2014-15-145(a), effective May 29, 2014 (Royal Assent).
(b) for which a licence, if applicable, under the Water Act for a power purpose, as defined section 1 of that Act, is issued after the date this section comes into force, and
Section 20 (1) definition of "power purpose" was added by 2014-15-145(b), effective May 29, 2014 (Royal Assent).
Section 20 (1) definitions of "power project" and "power purpose" BEFORE amended by 2014-15-146, effective February 29, 2016 (BC Reg 35/2016).
"power project" means an electricity generation or transmission project
(a) that is in a class of projects prescribed for the purposes of this section, other than a project of any organization in the government reporting entity, as defined in the Budget Transparency and Accountability Act,
(b) for which a licence, if applicable,
(i) is issued after June 3, 2010 under the Water Act for a power purpose, unless the licence is issued in substitution for a licence that was issued for a power purpose before that date,
(ii) is amended after June 3, 2010 under section 18 of the Water Act, whether or not a licence is issued in substitution for the licence, if
(A) the licence was issued for a power purpose, and
(B) the amendment authorizes a substantial change in works for the purpose of increasing power generation capacity, or
(iii) is amended after June 3, 2010 under section 18 of the Water Act, whether or not a licence is issued in substitution for the licence, if
(A) the licence was issued for a purpose other than a power purpose, and
(B) the amendment authorizes the use of water for a power purpose, and
(c) for which a prescribed authorization, if applicable, under an enactment respecting land is granted after this section comes into force;
"power purpose" has the same meaning as in section 1 of the Water Act;
Section 31 BEFORE self-repealed by 2010-22-31(3), effective July 1, 2011.
Commission subject to direction
31 (1) The minister, by regulation, may issue a direction to the commission with respect to the exercise of powers and the performance of duties of the commission regarding any matter relating to a transfer made under this Part or to the service or rates referred to in section 32.
(2) The commission must comply with a direction issued under subsection (1) despite
(a) any provision of, or regulation under, the Utilities Commission Act, except any direction issued under section 3 of that Act, and
(b) any previous decision of the commission.
(3) This section is repealed on July 1, 2011.
Section 32 (3) BEFORE repealed by 2010-22-32(4), effective July 1, 2011.
(3) The commission must not, except on application by the authority, cancel, suspend or amend
(a) any approval, authorization, permit, exemption, permission, registration, order or certificate, except for the certificate issued by commission Order C-4-08, that, under the Utilities Commission Act, the authority requires to provide the service and to charge, collect and enforce the rates referred to in subsection (2), or
(b) the service or rates referred to in subsection (2).
Section 35 (i) BEFORE amended by 2012-27-3, effective May 31, 2012 (Royal Assent).
(i) respecting the authority's obligation under section 6 (3), including, without limitation, regulations permitting the authority to enter into contracts respecting the electricity referred to in section 6 (2) (a) and (b) and prescribing the terms and conditions on which, and the volume of electricity about which, the contracts may be entered into;
Section 35 (n) (ii) BEFORE amended by 2018-39-4, effective October 31, 2018 (Royal Assent).
(ii) the use of natural gas, hydrogen or electricity in vehicles, and the construction and operation of infrastructure for natural gas or hydrogen fueling or electricity charging.
Section 35 (g), (h) and (m) BEFORE repealed by 2019-24-7, effective May 16, 2019 (Royal Assent).
(g) respecting consultations the authority must carry out in relation to
(i) the development of an integrated resource plan and of an amendment to an integrated resource plan,
(ii) an integrated resource plan submitted under section 3 (6), and
(iii) an amendment to an integrated resource plan submitted under section 3 (7);
(h) prescribing submission dates for the purposes of section 3 (6);
(m) respecting the feed-in tariff program that may be established under section 16, including, without limitation, regulations that
(i) prescribe regions and technologies for the purposes of the definition of "feed-in tariff program" in section 1 (1),
(ii) require the authority to establish the feed-in tariff program,
(iii) prescribe requirements for the purposes of section 16 (2),
(iv) prescribe amounts and periods for the purposes of section 16 (3), and
Section 35 (l) BEFORE repealed by 2024-20-3, effective May 16, 2024 (Royal Assent).
(l) respecting the standing offer program to be established under section 15, including, without limitation, regulations that
(i) prescribe requirements, technologies, generation facilities and classes of generation facilities for the purposes of the definition of "eligible facility" in section 15 (1),
(ii) prescribe a capacity for the purposes of the definition of "maximum nameplate capacity" in section 15 (1),
(iii) prescribe circumstances for the purposes of section 15 (2), and
(iv) prescribe requirements for the purposes of section 15 (3);
Section 37 (g) BEFORE amended by BC Reg 243/2013, effective November 28, 2013.
(g) for the purposes of section 17, respecting smart meters and smart-grids and their installation, including, without limitation,
Section 37 (c) BEFORE amended by 2019-24-8, effective May 16, 2019 (Royal Assent).
(c) authorizing the authority for the purposes of sections 3 (5), 6 and 13;
Section 39 BEFORE repealed by 2010-22-39(2), effective June 2, 2012 [2 years after s. 39 coming into force]
Transition
39 (1) The Lieutenant Governor in Council may make regulations considered appropriate for the purpose of more effectively bringing this Act into operation, and to remedy any transitional difficulties encountered in doing so, and for that purpose, may make regulations disapplying or varying any provision of this Act.
(2) Subject to subsection (3), this section is repealed on the date that is 2 years after the coming into force of this section and, on this section's repeal, any regulations made under it are also repealed.
(3) The Lieutenant Governor in Council, by regulation, may substitute for the date referred to in subsection (2) a date that is no later than 3 years after the coming into force of this section.
Schedule 1 BEFORE amended by 2021-17-9, effective June 17, 2021 (Royal Assent).
Heritage Assets
Those generation and storage assets commonly known as the following:
Aberfeldie
Alouette
Ash River
Bridge River
Buntzen/Coquitlam
Burrard Thermal
Cheakamus
Clowhom
Duncan
Elko
Falls River
Fort Nelson
G. M. Shrum
Hugh Keenleyside Dam (Arrow Reservoir)
John Hart
Jordan
Kootenay Canal
La Joie
Ladore
Mica, including units 1 to 6
Peace Canyon
Prince Rupert
Puntledge
Revelstoke, including units 1 to 6
Ruskin
Site C
Seton
Seven Mile
Shuswap
Spillimacheen
Stave Falls
Strathcona
Waneta
Wahleach
Walter Hardman
Whatshan