PART VII GENERAL
Regulations re transitional matters, 2018 amendments
70.9 (1) The Lieutenant Governor in Council may make regulations governing transitional matters that, in the opinion of the Lieutenant Governor in Council, are necessary or advisable to deal with issues arising out of the amendments to this Act made by the Green Energy Repeal Act, 2018. 2018, c. 16, s. 8 (10). Same (2) A regulation made under subsection (1) may, without limitation, provide that, despite its repeal by subsection 8 (9) of the
Green Energy Repeal Act, 2018, section 62.0.2 of this Act as it reads immediately before its repeal applies, for a specified period of time and with necessary modifications, to specified renewable energy undertakings or specified classes of renewable energy undertakings or in specified circumstances. 2018, c. 16, s. 8 (10). Conflict (3) A regulation made under this section prevails over any provision of this Act specifically mentioned in the regulation. 2018, c. 16, s. 8 (10). Retroactive effect (4) A regulation made under this section is, if it so provides, effective with reference to a period before it is filed. 2018, c. 16, s. 8 (10). No cause of action (5) No cause of action arises as a direct or indirect result of, (a) the repeal of section 62.0.2; (b) the making or revocation of any provision of a regulation made under this section; (c) anything done or not done under this section or a regulation made under it; or (d) any by-law or order that applies to any person as a direct or indirect result of anything referred to in clauses (a) to (c). 2018, c. 16, s. 8 (10). No remedy (6) No costs, compensation, other than any compensation provided for under a regulation under subsection (1), or damages are owing or payable to any person and no remedy, including but not limited to a remedy in contract, restitution, tort, misfeasance, bad faith, trust or fiduciary obligation, is available to any person in connection with anything referred to in subsection (5). 2018, c. 16, s. 8 (10). Proceedings barred (7) No proceeding, including but not limited to any proceeding for a remedy in contract, restitution, tort, misfeasance, bad faith, trust or fiduciary obligation, that is directly or indirectly based on or related to anything referred to in subsection (5) may be brought or maintained against any person. 2018, c. 16, s. 8 (10). Application (8) Subsection (7) applies to any action or other proceeding claiming any remedy or relief, including specific performance, injunction, declaratory relief, any form of compensation or damages, or any other remedy or relief, and includes a proceeding to enforce a judgment or order made by a court or tribunal outside of Canada. 2018, c. 16, s. 8 (10). Retrospective effect (9) Subsections (7) and (8) apply regardless of whether the cause of action on which the proceeding is purportedly based arose before, on or after the day subsection 8 (10) of the Green Energy Repeal Act, 2018 comes into force. 2018, c. 16, s. 8 (10). Proceedings set aside (10) Any proceeding referred to in subsection (7) or (8) that is commenced before the day subsection 8 (10) of the Green Energy Repeal Act, 2018 comes into force is deemed to have been dismissed, without costs, on the day that provision comes into force. 2018, c. 16, s. 8 (10). No expropriation or injurious affection (11) Nothing referred to in subsection (5) constitutes an expropriation or injurious affection for the purposes of the Expropriations Act or otherwise at law. 2018, c. 16, s. 8 (10). Person defined (12) In this section, “person” includes the Crown and its employees and agents, members of the Executive Council and municipalities and their employees and agents. 2018, c. 16, s. 8 (10). Section Amendments with date in force (d/m/y) 2018, c. 16,- s. 8 (10)
- 01/06/2019