ARTICLE
26 January 2024

Media Report Plans For Landmark Shift In Electricity Regulation By Authorizing Private Distribution

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McCarthy Tétrault LLP
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McCarthy Tétrault LLP provides a broad range of legal services, advising on large and complex assignments for Canadian and international interests. The firm has substantial presence in Canada’s major commercial centres and in New York City, US and London, UK.
The Government of Québec appears to be on the cusp of a major transformation in its regulation of the electricity market in the province.
Canada Energy and Natural Resources
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The Government of Québec appears to be on the cusp of a major transformation in its regulation of the electricity market in the province. On January 19, 2024, news sources relayed that Energy and Economy Minister Pierre Fitzgibbon and the Quebec Government plan to introduce a bill before the National Assembly in the coming weeks which could make significant changes to Hydro-Québec's long-standing quasi monopoly in electricity distribution.

The bill would legalize direct electricity sales between private parties. Hydro-Québec, wholly owned by the Province of Québec, is currently virtually the only entity allowed to sell electricity to consumers, with only some exceptions for a few municipal and private distribution networks which have grandfathered rights.

This development, following a wave of interest in recent months for private electricity self-production projects, could be seen as the government's answer to a growing need to supplement Hydro-Québec's supply capabilities. While Hydro-Québec plans significant expansion to infrastructure, the increasing demand from industries outpaces its current supply capacity and private electricity production has been gradually viewed as a solution.

The bill would aim to allow greater integration of private sector producers and distributors into the existing electricity framework. Currently, companies in Quebec have a right to self-produce their electricity, but are restricted to using it solely for their needs. While the bill has not yet been confirmed by officials, nor has it been tabled, it is suggested that section 60 of the Act respecting the Régie de l'énergie, among other changes, could be amended to expand this right to self-production to include a right to distribute electricity to industrial businesses located near the source of production. A similar privilege currently exists but only for biomass energy located in the immediate vicinity of the generation facilities. The proposed changes could extend to all forms of renewable energy like wind, solar, and hydro.

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ARTICLE
26 January 2024

Media Report Plans For Landmark Shift In Electricity Regulation By Authorizing Private Distribution

Canada Energy and Natural Resources
Contributor
McCarthy Tétrault LLP provides a broad range of legal services, advising on large and complex assignments for Canadian and international interests. The firm has substantial presence in Canada’s major commercial centres and in New York City, US and London, UK.
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