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The Green Energy Act: Definition, Consultation, and a Case Study

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The Green Energy Act: Definition, Consultation, and a Case Study The Green Energy Act: Definition, Consultation, and a Case Study by Stephen Robert James Tsuji A thesis presented to the University of Waterloo in fulfillment of the thesis requirement for the degree of Master of Environmental Studies in Social and Ecological Sustainability Waterloo, Ontario, Canada, 2020 ©Stephen Robert James Tsuji 2020 AUTHOR'S DECLARATION I hereby declare that I am the sole author of this thesis. This is a true copy of the thesis, including any required final revisions, as accepted by my examiners. I understand that my thesis may be made electronically available to the public. ii Abstract The Green Energy Act (2009) has had weathered various forms of criticism during its decade-long existence from 2009 to 2019. One of the vital points of concern is housed within the Act in the form of the ambiguity of the term Green Energy. Despite concerns being raised in legislation regarding this fact, it was left ambiguous while rallying under the umbrella of the term that boasts positivity and progressive approaches. Consequently, this false championing allowed it to go undetected due to its benign connotations. This allowed the Bill to be expedited through the already problematic consultation process that had many challenges associated with it such as its timeframe, location and accessibility. The entirety of the Bill and its consultation process raises question of whether the government adequately performed their fiduciary duty and their duty to consult with Indigenous people of Ontario, Canada. The case study of the Kabinakagami River Waterpower Project serves as a case study of the aftermath of the Green Energy Act (2009) and the Indigenous attitudes towards projects initiated under the Act. If nothing else the accounts and testimonies found within shall stand as a testament to the hubris of calling an energy project green without properly assessing and considering the impacts. This research stands as a cautionary tale against the dangers of green-labeling. iii Acknowledgements I would like to thank my advisor, Dr. Dan McCarthy, and my internal committee member, Dr. Stephen Quilley, for their support and input over the course of my research. The insights they granted through their critiques have had a profound impact on the quality of my thesis. I would also like to thank my externally, Dr. Ryan Bullock, for his time and expertise on the matter, which contributed to the final version of my thesis. iv Dedication I would like to thank my friends, family and loved ones who have supported me through this process. v Table of Contents AUTHOR'S DECLARATION ........................................................................................................................ ii Abstract .................................................................................................................................................. iii Acknowledgements ................................................................................................................................ iv Dedication ............................................................................................................................................... v List of Figures ......................................................................................................................................... xi List of Tables ......................................................................................................................................... xii Chapter 1 Introduction .......................................................................................................................... 1 1.1 Foreword ...................................................................................................................................... 1 1.2 Objectives..................................................................................................................................... 2 1.2.1 Green Energy Act .................................................................................................................. 2 1.2.2 Duty to Consult ..................................................................................................................... 2 1.2.3 The Kabinakagami River Hydroelectric Project ..................................................................... 2 1.3 Methods ....................................................................................................................................... 3 1.3.1 Green Energy Act .................................................................................................................. 5 1.3.2 Duty to Consult ..................................................................................................................... 5 1.3.3 Kabinakagami River Hydroelectric Project ............................................................................ 5 1.4 Literature Review ......................................................................................................................... 6 1.4.1 Preliminary Reading on Sustainability and Cultural Sustainability ....................................... 6 1.4.2 Review of Methods ............................................................................................................... 7 1.4.3 Core Topics and Scoping ....................................................................................................... 8 1.4.4 Literature Review of the Green Energy Act .......................................................................... 8 1.4.5 Literature Review of the Duty to Consult ............................................................................. 9 1.4.6 Literature Review of the Kabinakagami River Waterpower Project ................................... 10 vi 1.5 Moving Forward ......................................................................................................................... 10 Chapter 2 Fiduciary Responsibility and the Green Energy Act, 2009 (Ontario, Canada) ..................... 12 2.1 Introduction ................................................................................................................................ 12 2.2 Objective ..................................................................................................................................... 12 2.3 Background ................................................................................................................................. 12 2.4 Methods ..................................................................................................................................... 13 2.5 Results ........................................................................................................................................ 15 2.5.1 Policy.................................................................................................................................... 15 2.5.2 Media ................................................................................................................................... 15 2.5.3 Hansard Transcriptions ........................................................................................................ 16 2.6 Discussion ................................................................................................................................... 17 2.7 Conclusion .................................................................................................................................. 18 Chapter 3 The Footfalls of Green Labelling: A Case Study of the Green Energy Act (2009) and the “Consultative Process, or Lack Thereof in Ontario, Canada. ................................................................ 19 3.1 Introduction ................................................................................................................................ 19 3.2 Background ................................................................................................................................. 20 3.2.1 Economic Context ................................................................................................................ 20 3.2.2 Policy and Politics ................................................................................................................ 27 3.2.3 Geographical and Cultural Scope ........................................................................................ 30 3.3 Methods ..................................................................................................................................... 32 3.4 Results and Discussion................................................................................................................ 33 3.4.1 The Green Energy Act (2009), Defining Green Energy ........................................................ 33 3.4.2 The Green Energy Act (2009), Green Energy: Green Environment ..................................... 35 3.4.3 The Green Energy Act (2009), Green Energy Act: Consultation and the First Reading ....... 37 vii 3.4.4 The Green Energy Act (2009), Green Energy Act: Consultation with First Nations ............ 39 3.4.5 The Green Energy Act (2009), Comparing the Consultative Process: Bill 150 to Bill 173 and Bill 19 ............................................................................................................................................ 41 3.5 Conclusions ................................................................................................................................ 45
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