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


 
 

Doing Business in Atlantic Canada (Winter 2012) (Canadian Lawyer magazine supplement)

January 1, 2013

IN THIS ISSUE: Putting Trust in your Estate Planning, by Paul Coxworthy and Michael McGonnell The Risks, for Insurers in Entering Administration Services Only (ASO) Contracts, by Tyana Caplan Angels in Atlantic Canada, by Allison McCarthy, Gavin Stuttard and Adam Bata…

Read More

Client Update – Changes to the Human Rights Legislation in Newfoundland and Labrador

July 13, 2010

Bill 31, An Act Respecting Human Rights, came into force on June 24, 2010 replacing the Human Rights Code (the “Code”). For more information, please download a copy of this client update.

Read More

Atlantic Business Counsel – December 2009

December 18, 2009

IN THIS ISSUE Expanded Fines and Penalties for Environmental Offences: The New Federal Environmental Enforcement Act Spam about to be Canned? Preparing a Business for Sale Business Disputes Corner – Place of Arbitration and Selected…

Read More

Client Update – General Damage Cap Upheld By the Nova Scotia Court of Appeal

December 15, 2009

The Nova Scotia Court of Appeal has unanimously upheld the province’s legislative limits on general damage recovery for “minor injuries”. Today’s decision, authored by Chief Justice Michael MacDonald, completely affirms the January 2009 decision of…

Read More

Client Update – New Planning Opportunities For ULCs

December 4, 2009

The Canada Revenue Agency (“CRA”) announced helpful administrative positions concerning the new rules under the Fifth Protocol to the Canada-US Income Tax Convention, 1980 which will come into effect on January 1, 2010. The CRA…

Read More

Atlantic Construction Counsel – Fall 2009

November 26, 2009

IN THIS ISSUE Contractor Held Liable for Business Interruption: Heyes v. City of Vancouver, 2009 BCSC 651 When Can a Tendering Authority Walk Away if Bids are Too High? Crown Paving Ltd. v. Newfoundland &…

Read More

Client Update – Nova Scotia Unlimited Companies: An Update

November 6, 2009

Withholding tax and other issues under the Fifth Protocol The Fifth Protocol to the Canada-US Tax Convention, 1980 introduced significant changes which may affect the use of most unlimited companies and other so-called ULCs. These…

Read More

Atlantic Employers’ Counsel – Fall 2009

October 14, 2009

IN THIS ISSUE An Eye for an Eye: Alberta Court of Appeal Upholds Finding of Retaliation Liability as a Result of Generosity in Quebec Undue Hardship Established in Scent Case Parents of Twins Get Double…

Read More

Search Archive


Scroll To Top