Definition

1  In this regulation, "Act" means the Power for Jobs Development Act.

 Eligibility

2  For the purposes of the Act and without limiting the criteria set out in the Act and in this regulation, the following criteria apply to applications under section 3 or 6 of the Act:

(a) if application is made on the basis that the applicant proposes to construct or expand a plant,

(i)  the construction or expansion must be in British Columbia, and

(ii)  on the date this regulation comes into force, none of the following have been begun in relation to the construction or expansion:

(A)  site preparation;

(B)  fabrication or construction of buildings or other facilities;

(C)  installation or supply of equipment or machinery;

(b) if application is made on the basis that the applicant proposes to expand operations,

(i)  the operations to be expanded must be in British Columbia, and

(ii)  on the date this regulation comes into force, the planned expansion has not been begun;

(c) if application is made under section 3 (b) of the Act,

(i)  the plant or operations to be maintained must be in British Columbia, and

(ii)  the business has, in relation to the plant or operations, an economic plan, within the meaning of the Job Protection Act, that has been approved by the Job Protection Commissioner.

 Filing of applications

3  A business may make application to the administrator under section 3 or 6 of the Act,

(a) in response to a request for proposals made by the administrator, or

(b) at any other time that the business considers appropriate.

 Applications under section 3 of the Act

4  An application under section 3 of the Act must contain the following information:

(a) the name and address of the applicant and the nature of the economic activity in relation to which the application is made;

(b) the name, title and address of the individual who, on behalf of the applicant, is to receive all communications respecting the application;

(c) details of, and any options relating to, the provision of the surplus electricity in relation to which the application is made, including, without limitation,

(i)  the quantity of surplus electricity for which the application is made,

(ii)  the development power rate for which the application is made, and

(iii)  the period during which the surplus electricity is to be supplied and the development power rate is to be applicable;

(d) details of the applicant's plan for the economic activity in relation to which the application is made, including, without limitation, a description of the economic activity's

(i)  products,

(ii)  markets,

(iii)  production levels,

(iv)  production capacities,

(v)  permanent, temporary and youth employment levels,

(vi)  production process or technology or both, and

(vii)  energy consumption and energy production levels (by energy type) affected by the plan;

(e) details of

(i)  any extension of or alteration to the authority's electricity system that the authority considers is necessary to allow it to supply the surplus electricity,

(ii)  any arrangements between the applicant and the authority respecting how the costs of the extension or alteration referred to in subparagraph (i) is to be paid for,

(iii)  how the applicant determined the quantity of surplus electricity sought by the application and the development power rate sought by the application,

(iv)  the applicant's estimate of the delivery cost for the surplus electricity sought by the application and how that cost is to be paid, and

(v)  the duration of the supply of surplus electricity, and the development power rate, sought in the application and what arrangements will be in effect for the supply of electricity beyond that period.

 Applications under section 6 of the Act

5  (1)  In this section, "public supplier", in relation to an application under section 6 of the Act, means

(a) the public utility, municipality or regional district in respect of which the application is made, or

(b) if the application is made in respect of 2 or more of a public utility, a municipality and a regional district, each of those bodies in respect of which the application is made.

(2)  An application under section 6 of the Act must contain the information set out in section 4 (a) to (d) of this regulation and the following additional information:

(a) details contained in each agreement between the authority and a public supplier respecting the sale of the quantity of electricity sought in the application and, in particular, details of

(i)  the point of sale,

(ii)  the price and other terms and conditions of the sale,

(iii)  whether the authority's present electricity system is capable of delivering the required surplus electricity to a public supplier or, if not, how any required extension of or alteration to that system is to be done,

(iv)  any arrangements between 2 or more of the applicant, a public supplier and the authority respecting how the costs of the extension or alteration referred to in subparagraph (iii) are to be paid for, and

(v)  the quantities of surplus electricity that are to be provided to a public supplier in order to accommodate the application and how those amounts are determined;

(b) details contained in each agreement between the applicant and a public supplier respecting the quantity of electricity supplied from the point of interconnection to the plant or operation specified in the application, and in particular, details of

(i)  the price and other terms and conditions of supply,

(ii)  whether the present electricity system of a public supplier is capable of delivering the required surplus electricity to the plant or operation specified in the application or, if not, how any required extension of or alteration to that system is to be done,

(iii)  any arrangements between 2 or more of the applicant, a public supplier and the authority respecting how the costs of the extension or alteration referred to in subparagraph (ii) are to be paid for, and

(iv)  the quantities of surplus electricity that are to be provided by a public supplier in order to accommodate the application and how those amounts are determined.

 Supporting documents

6  An application under section 3 or 6 of the Act must be accompanied by

(a) evidence that the development power rate for which the application is made

(i)  is necessary for the financial viability of the plant or operation, and

(ii)  will result in increased employment, or avoid a decrease in employment, at the plant or operation, and

(b) any other supporting documentation requested by the minister.

 Disposition of applications

7  (1)  The criteria to be used in assessing applications under section 3 or 6 of the Act include, without limitation,

(a) the development power rate applied for,

(b) the levels of employment associated with the construction or expansion of the plant, or the expansion of the operations, in respect of which the application is made, and

(c) the regional, economic, social and employment benefits associated with the location selected by the applicant.

(2)  Unless the minister otherwise directs under section 9 (1) (c) of the Act, if 2 or more applications are made under section 3 or 6 of the Act in response to a request for proposal for surplus power available under the Act, one of the tests to be applied in evaluating the applications is a comparison of the relative costs and benefits of the proposed projects using

(a) a multiple account evaluation, within the meaning of the Multiple Account Evaluation Guidelines, dated February 1993 and established by the Crown Corporations Secretariat, or

(b) any similar process that the administrator deems appropriate.