CEEN 590 Formal Government Processes

1. CEEN 590 Formal Government Processes

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

3. 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

4. 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?

5. CEA - Objectives

6. 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 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.

7. 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”

8. 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;

9. 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

10. Doern and Gattinger: 5+ Governance Imperatives • The Rich Fuel Endowment: The problem of too many choices • Dependence of US Continental Markets • Divided Political Jurisdiction • Regional-Spatial Realities, and Producer-Consumer Tensions • Environmental Issues • Aboriginal Peoples’ concerns

11. Governance – 3 Core Questions • Who decides? • Who participates? • At what level of government? (vertical dimension)

12. Vertical Dimension –Division of Powers provincial federal 91 –international and interprovincial trade 91 –tax any mode or means Spending Fisheries and navigation General criminal law Peace, order, good government • 109 – all lands, mines, minerals, and royalties to the provinces • 92 – provincial management and sale of public lands (federal jurisdiction over “Canada Lands”) What about local government? International government?

13. Government in Canada • http://www.youtube.com/watch?v=yi1yhp-_x7A Sustainable Energy Policy

14. 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)

15. 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

16. 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

17. Votes and Seats

18. Parliamentary Government –Legislature BRITISH COLUMBIA – 85 SEATS Alberta – 83 seats Progressive Conservatives (61) 70% WildroseAlliance (17) – 20% Liberal (5) 6% NDP (4) 5% • BC Liberal (49) - 58% • New Democrat (35) • Independent (1) Sustainable Energy Policy

19. Parliamentary Government –Judicial • Provincial Courts • Federal Court of Appeals • Supreme Court of Canada • Very little role in energy policy except for aboriginal rights

20. Parliamentary Government – Forms of Law statute enabling legislation Act of legislature regulation delegated legislation order in council cabinet (informal) lieutenant governor (formal) contracts, permits

21. Parliamentary Government – Policy that is not Law Legally required rules are a subset of “public policy” Example: BC Energy Plan document

22. Bureaucracy • Minister: • Elected politician • Member of cabinet and legislature • Appointed Officials • Example: BC Ministry of Energy, Mines, and Natural Gas

23. 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

25. 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

26. Summary • Authority vs power • Formal bases for policy in statute and regulation • provincial dominance • executive dominance • Next week: policy process, actor dynamics