Skip to content

The Winds of Change (Part 6): Place your bids – Crown lands soon to be available for wind energy projects

By John Samms, Stuart Wallace and Dave Randell

On December 14, 2022, the Newfoundland and Labrador Department of Industry, Energy and Technology announced the launch of a Crown land call for bids for wind energy projects. The document Guidelines: Crown Land Calls for Bids for Wind Energy Projects outlines the information required for bidders, including evaluation criteria. While the document should be reviewed for complete details of the process, this article is intended to provide a brief overview of the process.

Call for Bids

Bids can now be submitted for wind developments on Crown lands, and will be accepted from December 14, 2022 until midnight on March 3, 2023. Bids must be submitted via email to the Department of Industry, Energy and Technology. Available Crown lands for these projects can be viewed here.

Information for Evaluation

Bidders will be expected to provide, among other things, the following information for evaluation:

  • Project summary;
  • Associated Hydrogen/Ammonia production;
  • Water requirements;
  • Project risk mitigation;
  • Electricity considerations and grid impacts;
  • Community and Indigenous engagement;
  • Project schedule; and,
  • Financing.

Legislation

It is imperative that bidders review the province’s legislative and regulatory frameworks, including, but not limited to, those pertaining to the development and provision of electricity in the province, such as, the Public Utilities Act and the Electrical Power Control Act, 1994.

Evaluation of Bids

There will be a two-phased evaluation of bids.

Phase 1 Review – Minimum Criteria

First Stage Review will evaluate whether submissions meet the minimum criteria expected of a bidder to be able to deliver a Wind Energy Project. Emphasis will be placed on the bidder’s experience, the project, and their financial capacity to plan, construct, and operate the proposed project.

Phase 2 Review

Those successful in Phase 1 will automatically proceed to a Phase 2 review. This will begin in April 2023. This will be a more robust evaluation focused on the entirety on the information provided. The second stage review involves a weighted evaluation system, whereby electricity considerations and grid impacts are evaluated as heavily as bidder details, project details, benefits, and financing. The weighting is listed as follows:

  • Bidder: 15%
  • Project Risk Mitigation: 5%
  • Electricity Considerations and Grid: 15%
  • Community and Indigenous Engagement: 10%
  • Benefits: 15%
  • Project Schedule: 10%
  • Financing: 10%

Successful Bidders

Successful bidders will not be awarded Crown land at the outset. Instead, the province utilized mechanisms under the Lands Act to proactively reserve certain lands to later grant successful proponents the exclusive right to formally apply for an interest in the property. The provincial government will then provide successful proponents a wind application recommendation letter from the Department. This will serve as the instrument that guarantees a proponent an exclusive window to secure relevant Crown land, subject to the various legislation including the Public Utilities Act and the Electrical Power Control Act, 1994.


This update is intended for general information only. If you have any questions on the above we would invite you to contact the authors or any other member of our Energy Group.

Click here to subscribe to Stewart McKelvey Thought Leadership

 

SHARE

Archive

Search Archive


 
 

Appeal Courts uphold substantial costs awards for regulators

May 22, 2024

By Sean Kelly & Michiko Gartshore Professional regulators can incur substantial costs through discipline processes. These costs are often associated with investigations, hearings as well as committee member expenses and are an unfortunate by-product of…

Read More

Less than two weeks to go … Canada Supply Chain Transparency Reports are due May 31st

May 21, 2024

By Christine Pound, ICD.D., Twila Reid, ICD.D., Sarah Dever Letson, CIPP/C, Sheila Mecking, Hilary Newman, and Daniel Roth Introduction The first reports under the Fighting Against Forced Labour and Child Labour in Supply Chains Act (the…

Read More

Court upheld municipality’s refusal to disclose investigation report

May 1, 2024

By Sheila Mecking and Sarah Dever Letson A recent decision out of the Court of King’s Bench of New Brunswick,[1] upheld the Municipality of Tantramar’s decision to withhold a Workplace Assessment Report under section 20(1)…

Read More

Occupational Health and Safety sentencing decision – Nova Scotia

April 29, 2024

By Sean Kelly & Tiegan Scott Earlier this month, the Provincial Court of Nova Scotia issued its sentencing decision in R v The Brick Warehouse LP, 2024 NSPC 26, imposing a monetary penalty of $143,750 (i.e.,…

Read More

Canada 2024 Federal Budget paves the way for Open Banking

April 22, 2024

By Kevin Landry On April 15, 2024, the Canadian federal budget was released. Connected to the budget was an explanation of the framework for Canada’s proposed implementation of Open Banking (sometimes called consumer-driven banking). This follows…

Read More

Reset for renewables: Nova Scotia overhauls energy regulation and governance in advance of influx of renewable energy

April 5, 2024

By Nancy Rubin and James Gamblin The Government of Nova Scotia has embarked on a path to dramatically reshape the regulation and governance of the energy sector with the passage of Bill 404, the Energy…

Read More

An employer’s guide to human rights law in Atlantic Canada

April 2, 2024

By Kathleen Starke and Annie Gray Human rights landscape Human rights legislation prohibits discrimination in specific contexts, including employment and the provision of services. In all Atlantic Provinces, Human Rights Commissions are responsible for enforcing…

Read More

Recognizing subtle discrimination in the workplace: insights from recent legal cases

March 4, 2024

By Sheila Mecking and Michiko Gartshore Subtle discrimination can have a much stronger and longer effect on employees when not properly addressed. It can also result in costly consequences for an employer who does not…

Read More

Immediate changes to travel eligibility for citizens of Mexico

February 29, 2024

By Brittany Trafford and Brendan Sheridan Today Immigration, Refugees and Citizenship Canada (“IRCC”) has announced significant changes to the travel requirements for Mexican citizens. As of February 29, 2024 at 11:30p.m. Eastern Time, all electronic…

Read More

Updated guidance on business reporting obligations under Canada’s supply chain transparency legislation

February 23, 2024

By Christine Pound, ICD.D., Twila Reid, ICD.D., Sarah Dever Letson, CIPP/C, Hilary Newman and Daniel Roth Introduction As we reported on November 30, 2023, the Fighting Against Forced Labour and Child Labour in Supply Chains…

Read More

Search Archive


Scroll To Top