CEEN 590 Formal Government Processes

CEEN 590 Formal Government Processes

outline

Overview Clean Energy Act Canadian energy governance Canadian (and BC) government Aboriginal rights – Idle no More

Overview

Governance in 2 stages Formal procedures Next week: (informal) processes; actor

dynamics Core distinction:

Authority: ability to make rules backed up by coercive power of the state

Power/influence: ability to influence outcomes

Today: foundations for authority

Clean Energy Act

 What are the 5 most important objectives of BC electricity policy?

 What is the definition of self-sufficiency in the Act?

What is the definition of clean or renewable?

How are integrated resource plans developed and approved?

CEA - Objectives

Self sufficiency

"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;

"heritage energy capability" means the maximum amount of annual energy that the heritage assets that are hydroelectric facilities can produce under prescribed water conditions.

(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 energysolely 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.

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Self Sufficiency in 2007 Energy Plan

self sufficient by 2016, + insurance of 3000 GWh/year by 2026

result: ensures substantial surplus available for export in almost every year

New Clean Energy Act continues this policy (insurance date moved up to 2020)

2007 regs: assume “critical water conditions” (in regulation)

2012: changes to “average water conditions”

Clean energy

(c) to generate at least 93% of the electricity in British Columbia from clean or renewable resources and to build the infrastructure necessary to transmit that electricity;

"clean or renewable resource" means biomass, biogas, geothermal heat, hydro, solar, ocean, wind or any other prescribed resource;

Governance in Context

actions – behavioural actions energy choices by firms,

consumers policies – rules produced by

government that influence actions Objectives (increase renewable

electricity) Instruments (renewable portfolio

standard) Settings (10% by 2012)

governance – who decides the rules

Sustainable Energy Policy 9

Doern and Gattinger: 5+ Governance Imperatives

1. The Rich Fuel Endowment: The problem of too many choices

2. Dependence of US Continental Markets3. Divided Political Jurisdiction4. Regional-Spatial Realities, and Producer-

Consumer Tensions5. Environmental Issues 6. Aboriginal Peoples’ concerns

Governance – 3 Core Questions Who decides? Who participates? At what level of

government? (vertical dimension)

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Vertical Dimension –Division of Powers

PROVINCIAL

109 – all lands, mines, minerals, and royalties to the provinces

92 – provincial management and sale of public lands (federal jurisdiction over “Canada Lands”)

FEDERAL

91 –international and interprovincial trade

91 –tax any mode or means

Spending Fisheries and

navigation General

criminal law Peace, order, good

governmentWhat about local government? International government?

Government in Canada

http://www.youtube.com/watch?v=yi1yhp-_x7A

Sustainable Energy Policy 13

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Parliamentary Government –Executive

executive governor general (federal) lieutenant governor (provincial)▪ Both largely ceremonial

premier and cabinet▪ Premier/PM: leader of the party

with the most seats in the legislature

▪ Cabinet: selected by the Premier/PM from members of the legislature of the premier/PM’s party

▪ Party rules and system norms make Premier/PM remarkably powerful (Ruff)

Parliamentary Government –Legislature MP – member of

Parliament MLA – members of

legislative assembly influence limited by

majority rule – government must have support of majority

party discipline – all members must vote how their party tells them to▪ Party policy set by caucus – in reality

by cabinet and especially leader

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Parliamentary Government –Legislature

House of Commons – 308 seats Conservative (165) – 54% New Democrat (101) Liberal (35) Bloc Quebecois (4) Green Party (1) Independent (1)

Sustainable Energy Policy 16

Votes and Seats

Vote % Seat %

Conservative 40 53

NGP 31 33

Liberal 19 11

BQ 6 1

Green 4 0.3

Parliamentary Government –LegislatureBRITISH COLUMBIA – 85 SEATS

BC Liberal (49) - 58% New Democrat (35) Independent (1)

ALBERTA – 83 SEATS

Progressive Conservatives (61) 70%

Wildrose Alliance (17) – 20%

Liberal (5) 6% NDP (4) 5%

Sustainable Energy Policy 18

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Parliamentary Government –Judicial

Provincial Courts Federal Court of

Appeals Supreme Court of

Canada Very little role in

energy policy except for aboriginal rights

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Parliamentary Government – Forms of Law

statuteenabling legislation

Act of legislature

regulationdelegated legislation

order in council

cabinet (informal)

lieutenant governor (formal)

contracts, permits

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Parliamentary Government – Policy that is not Law

Legally required rules are a subset of “public policy”

Example: BC Energy Plan document

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Bureaucracy

Minister: Elected politician Member of cabinet and legislature

Appointed Officials Example: BC Ministry of Energy,

Mines, and Natural Gas

Essential Elements of Authority Division of powers Head of state PM or premier Cabinet Members of

legislature

Legislatures Minister Appointed officials Bureaucracies Courts

Sustainable Energy Policy 23

Aboriginal Rights and Title Governments have a duty to consult

and accommodate First Nations (Haida) Not a veto (Haida, Taku)

“Free, prior and informed consent” from UN Declaration Non-binding on signatories Canada late signatory with condition that

FPIC not a veto Obligations involved in accommodate

uncertain

Sustainable Energy Policy 25

Summary

Authority vs power Formal bases for policy in statute

and regulation provincial dominance executive dominance Next week: policy process, actor

dynamics