Provincial Governments Have The Power To Change Or Cancel Legally Binding Contracts

The Fraser Institute: Ontario Government Contracts Can Be Changed or Cancelled Through Legislation
TORONTO, ONTARIO–(- Oct. 22, 2014) – Provincial governments have the power to change or cancel legally binding agreements, notes a new essay released today by the Fraser Institute, an independent, non-partisan Canadian public policy think-tank.
“Government contracts are not the ironclad agreements they appear to be because governments may change or cancel them by enacting legislation,” says Bruce Pardy, Professor of Law at Queen’s University and author of Cancelling Contracts: The Power of Governments to Unilaterally Alter Agreements.
Pardy’s conclusion is particularly relevant for Ontario where the province has locked itself into a number of long-term contracts with wind and solar power companies, resulting in escalating electricity prices.
A Fraser Institute study to be released Thursday, Oct. 23 spotlights Ontario’s skyrocketing electricity prices and the extent to which provincial government contracts with renewable energy producers are responsible for the increases.
But if the Ontario government cancels electricity contracts, wouldn’t it be required to pay compensation?
Not if the Ontario legislature passes a statute explicitly denying the right to compensation, which would nullify the robust compensation clauses contained in Feed-In-Tariff contracts. (Only foreign firms could then seek compensation under NAFTA or other foreign investment protection regimes.)
“No negotiations between governments and companies can eliminate the risk of future legislated changes, so when the state controls the market, as the Ontario government does with electricity production, the only real options are to accept the risk or pursue a different venture altogether,” Pardy said.
“If democratically elected governments are to establish their own policies, they require the ability to make unilateral changes to agreements made by previous governments. If they cannot legitimately do so, then their predecessors can control policy decisions beyond their democratic mandates.”
The Fraser Institute is an independent Canadian public policy research and educational organization with offices in Vancouver, Calgary, Toronto, and Montreal and ties to a global network of think-tanks in 87 countries. Its mission is to measure, study, and communicate the impact of competitive markets and government intervention on the welfare of individuals. To protect the Institute’s independence, it does not accept grants from governments or contracts for research. Visit http://www.fraserinstitute.org
Media Contact:
Bruce Pardy
Professor, Faculty of Law, Queen’s University
613-929-0050
pardyb@queensu.ca

For more information, contact:
Mark Hasiuk
Media Relations Specialist, Fraser Institute
(604) 688-0221 ext. 517
mark.hasiuk@fraserinstitute.org
@FraserInstitute

Posted in Uncategorized | Leave a comment

One Last MWC Question Response

Brenda Karagiannis

Mayoralty Candidate

Thank you and in fact this email along with others were in my Spam folder… I apologize and can assure you that I endeavour to respond to emails within 24 hours. This account is not one I normally use and therefore when the emails were sent to the spam folder they were overlooked. My response is below should you wish to share:

Continue reading

Posted in Uncategorized | Leave a comment

Additional Councillor Responses to Questions re: Industrial Wind Turbines

We completely missed the following response and offer our sincere apologies:
WARD 4

Steve Karpazis

Thank you for sending me a listing of the replies submitted by candidates to your question.
Unfortunately, my response is not listed.

I am sure it’s just a simple oversight. Would you please check to see that it is rectified.

to help, here again is my answer to your question.
Answer:

What I know about the issue of industrial wind projects in the Manvers area I’ve collected from the local press, the many letters and documents council has reviewed as part of their agenda, and from speaking to residents in the Manvers area.

What I know about the issue of industrial wind projects in general I’ve collected by reading our national papers, national magazines and a variety of information by way of the internet.

As to what I believe is the issue of industrial wind projects? I believe that they have no place anywhere near where people live.

You ask what I would do as a Councillor in the City of Kawartha Lakes to support Manvers in it’s fight; given that I share your position, I would do anything I could to help. Continue reading

Posted in Uncategorized | Leave a comment

Candidates for Councillor RESPONSES to the MWC Question

Manvers Wind Concerns thanks the Candidates for Councillor in the upcoming COKL Municipal Election who took the time to respond to our request for their position on Industrial Wind Turbines . Many have not chosen to participate in this exercise.

As promised, their responses were posted verbatim, unedited, and in the exact manner and font presented.

THIS WAS THE QUESTION PUT TO THE CANDIDATES FOR COUNCILLOR RUNNING IN COKL:

RESPONSES BELOW

Continue reading

Posted in Uncategorized | 1 Comment

Mayoralty Responses to the Manvers Wind Concerns Question

Manvers Wind Concerns would like to thank Bill Denby, Andy Letham , John Macklem, and Donna Villemaire for taking the time to respond to our request for their position on Industrial Wind Turbines in COKL. There has been no response from Brenda Karagiannis despite sending another and separate email to her attention.

As promised, their responses are posted verbatim, unedited, and in the exact manner and font presented.

THIS WAS THE QUESTION PUT TO THE MAYORALTY CANDIDATES RUNNING IN COKL:

RESPONSES BELOW Continue reading

Posted in Uncategorized | 2 Comments

Ontario families battle wind farm : Prime time : SunNews Video Gallery

A good 7 minute news report on the current situation of wind turbine approvals and the legal battle to keep them out of rural areas.

Ontario families battle wind farm : Prime time : SunNews Video Gallery.

Posted in Uncategorized | Leave a comment

Perfect Sunday- Hike, Lunch and Music on the Oak Ridges Moraine

marvellous

Continue reading

Posted in Uncategorized | Leave a comment