120 Adelaide Street West, Suite 1600
Toronto, Ontario M5H 1T1
T 416-967-7474
F 416-967-1947
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Instructions for the Prescribed Form – Registered Proponent
Declarations
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This page sets out the instructions for completing the Prescribed Form – Registered Proponent Declarations.
All capitalized terms used in these instructions and the Prescribed Form – Registered Proponent Declarations, unless otherwise
stated, have the meanings ascribed to them in the LRP I RFP.
INSTRUCTIONS APPLICABLE TO ALL PRESCRIBED FORMS:
1.
The first page of a Prescribed Form must be marked with the name of the Large Renewable Project that is the subject of the
Proposal. The Registered Proponent should use the name given to the Large Renewable Project in the Prescribed Form –
Registration Form.
2.
This instruction page is not required to be submitted with the Proposal.
3.
Information provided in each Prescribed Form should be consistent with the information provided in the Proposal.
4.
Where the Prescribed Form has multiple pages, the pages of the Prescribed Form should be kept together in the Proposal in
sequential order.
5.
Where a blank field for a section/page reference is provided in a Prescribed Form, enter the section/page reference of the
Proposal where the substantiating evidence for that particular item can be found.
6.
Apart from the completion of any blanks, drop down lists, check boxes or similar uncompleted information in a Prescribed
Form, no amendments may be made to the wording of a Prescribed Form.
7.
Each Prescribed Form must be completed in its entirety. Fields marked <if applicable> must be completed if applicable to
the Proposal. If not applicable, they should be marked "not applicable".
8.
If the signature of the Registered Proponent is required for a Prescribed Form, the Prescribed Form must be signed by a
person with authority to bind the Registered Proponent.
9.
With the exception of this instruction page, instructions within a Prescribed Form will be enclosed in brackets.
INSTRUCTIONS SPECIFIC TO THE PRESCRIBED FORM – REGISTERED PROPONENT DECLARATIONS:
10. The original ink signature must be provided on the Prescribed Form – Registered Proponent Declarations marked “Original
Copy”. For clarity, other than the Original Copy, any additional hard copies of this Prescribed Form must be signed but need
not be originals (photocopies may be provided as well).
THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK
120 Adelaide Street West, Suite 1600
Toronto, Ontario M5H 1T1
T 416-967-7474
F 416-967-1947
www.ieso.ca
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Name of the Large Renewable
Project:
<insert name of Large Renewable Project>
Registered Proponent:
<insert legal name of the Registered Proponent>
Renewable Fuel of the Large
Renewable Project:
<select one>
Contract Capacity of the Large
Renewable Project <MW>:
<insert the Contract Capacity of the Large Renewable Project in MW>
STATUTORY DECLARATION IN THE MATTER OF a Proposal under the LRP I RFP.
Capitalized terms not defined herein have the meanings ascribed to them in the LRP I RFP.
I, <insert name of declarant>, of the <insert City/Town/Region etc.> of <insert name of City/Town/Region etc.>, in <insert name of
Province or State> DO SOLEMNLY DECLARE, on behalf of the Registered Proponent, without personal liability, the following:
1.
I am the / an <insert office held, e.g. president, director, etc.> of the Registered Proponent and have knowledge of the
matters herein described.
Mandatory Requirements
2.
The Registered Proponent confirms that the Proposal submitted in response to the LRP I RFP is in respect of no more than
one Large Renewable Project. (Section 3.2.1)
3.
The Registered Proponent confirms that the Registered Proponent who is submitting this Proposal is the same Registered
Proponent identified in the Prescribed Form – Registration Form and Registration Confirmation submitted in accordance
with Section 3.1.2 of the LRP I RFP. (Section 3.2.2)
4.
The Registered Proponent confirms that the Large Renewable Project is a single facility and will be separately metered.
(Section 3.2.3(b))
5.
The Registered Proponent confirms that the Large Renewable Project will not comprise a Behind-the-Meter Project.
(Section 3.2.3(c))
6.
The Registered Proponent confirms that if the Large Renewable Project is an Expansion, the Contract Capacity relating to
the Expansion is or will be separately metered. (Section 3.2.3(f))
7.
The Registered Proponent confirms that the Large Renewable Project will be designed, constructed and operated in
compliance with all relevant requirements of the Market Rules, the Transmission System Code, the Distribution System
Code, any Renewable Energy Approval and other equivalent environmental assessments, approvals or registrations, and all
other Laws and Regulations, as applicable. (Section 3.2.3(g))
120 Adelaide Street West, Suite 1600
Toronto, Ontario M5H 1T1
T 416-967-7474
F 416-967-1947
www.ieso.ca
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8.
The Registered Proponent confirms that the Large Renewable Project will be able to respond to dispatch instructions that
provide for generator accountability in circumstances where generation must be dispatched off in accordance with the
Market Rules. (Section 3.2.3(h))
9.
The Registered Proponent confirms that the Large Renewable Project has not been the subject of a physical or financial
power or capacity purchase contract relating to the generation of Electricity (which, for greater certainty, includes Standard
Offer Contracts), or other form of contract relating to Electricity or Related Products (a “Prior Contract”), unless such Prior
Contract was terminated more than twelve (12) months before the date that the Proposal under the LRP I RFP in respect of
such Large Renewable Project was submitted to the IESO, or as otherwise consented to by the IESO in writing in its
discretion provided such consent was obtained prior to the Proposal Submission Deadline. (Section 3.2.3(i))
10. The Registered Proponent confirms that it has not made any application for an Impact Assessment in respect of the
proposed Large Renewable Project or if such application has been made, the Registered Proponent confirms the Impact
Assessment was terminated prior to submitting the Proposal under this LRP I RFP. (Section 3.2.3(j))
11. The Registered Proponent confirms that the Large Renewable Project which is the subject of the Proposal is not the same or
substantially similar to another Large Renewable Project that is the subject of another Proposal, unless such other Proposal
has been withdrawn pursuant to Section 2.7.2 of the LRP I RFP prior to the Proposal Submission Deadline. The Registered
Proponent acknowledges that whether a Large Renewable Project is the same or substantially similar to another Large
Renewable Project will be determined by the IESO in its discretion and will include a consideration of ownership (including
ownership by a Control Group Member of the Registered Proponent), location (including Site and/or Connection Point),
equipment, Renewable Fuel, or any other features). (Section 3.2.3(k))
12. The Registered Proponent confirms that the Large Renewable Project will attain Commercial Operation on or before the
Milestone Date for Commercial Operation (“MCOD”) specified below:
Renewable Fuel
Rooftop Solar
Non-Rooftop Solar
Renewable Biomass
Biogas
Landfill Gas
On-Shore Wind
Waterpower
MCOD (# of years after the Effective
Date of the LRP I Contract)
MCOD (# of years after the Effective
3
Date of the LRP I Contract)
3
3
3
3
4
8
The Registered Proponent further acknowledges that a Supplier whose Large Renewable Project is located, in whole or in
part, on lands with the meaning of paragraphs (a), (b) or (c) of the definition of First Nation Lands, may be permitted to
extend their MCOD in accordance with the provisions of the LRP I Contract. (Section 3.2.3(l))
13. The Registered Proponent confirms that if the Large Renewable Project is using Solar as its Renewable Fuel:
a.
and the solar modules are to be composed of monocrystalline panels, the rated efficiency of such panels must be
no less than sixteen per cent (16%); or
b.
and the solar modules are to be composed of polycrystalline panels, the rated efficiency of such panels must be no
less than fifteen point three per cent (15.3%).
120 Adelaide Street West, Suite 1600
Toronto, Ontario M5H 1T1
T 416-967-7474
F 416-967-1947
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The Registered Proponent acknowledges that the rating for the noted panels above must be obtained under Standard
Testing Conditions, and proven by way of module specification sheets or other standard-related documentation that
confirms that the stated efficiency ratings were obtained under Standard Testing Conditions. (Section 3.2.3(o))
14. The Registered Proponent confirms that it has created a publically accessible website for the Large Renewable Project on
which the Registered Proponent or its representative has posted certain documents, including the name of the Qualified
Applicant and, if available, the Registered Proponent and all the documents required to be posted under Section 3.2 of the
LRP I RFP (the “Large Renewable Project Website”). The Registered Proponent acknowledges that it is required to ensure
that the Large Renewable Project Website is and remains available and publically accessible from the date that is at least
fifteen (15) days prior to the date of the public community meeting identified in response to Subsection 3.2.5(c) and
continuing until the IESO announces the Selected Proponents for this LRP I RFP, if any. (Section 3.2.4)
15. The Registered Proponent confirms that it has developed a Community Engagement Plan and that:
a.
such Community Engagement Plan includes the name of the Qualified Applicant and, if available, the Registered
Proponent;
b.
a copy of the Community Engagement Plan has been continuously posted on the Large Renewable Project Website
from the date that is at least fifteen (15) days prior to the date of the public community meeting identified in
response to Subsection 3.2.5(c) of the LRP I RFP, and agrees to continue posting the Community Engagement Plan
until the IESO announces the Selected Proponents for this LRP I RFP, if any; and
c.
a copy of the Community Engagement Plan has been delivered to the clerk of each Project Community, if
applicable, and any other designated official prescribed by each Project Community, acting reasonably.
The Registered Proponent confirms that evidence substantiating these confirmations has been provided in the Proposal in
the form of: a copy of the Community Engagement Plan; a screenshot of the Large Renewable Project Website with the
Community Engagement Plan posted with the date and URL clearly shown; and copies of courier transmittal sheets
evidencing delivery of the Community Engagement Plan to each of the Project Communities. (Section 3.2.5(a))
16. The Registered Proponent confirms that:
a.
at least one (1) public community meeting has been held to discuss the Large Renewable Project with members of
the public in each of the Project Communities;
b.
if the Large Renewable Project or Connection Line is located, in whole or in part, in Unorganized Territories, at
least one (1) public community meeting has been held to discuss the Large Renewable Project with members of
the public in such Unorganized Territories, which was held within twenty-five (25) kilometres of the Large
Renewable Project, unless there are no viable venues within twenty-five (25) kilometres of the Large Renewable
Project in which case the public community meeting was held in the Municipality geographically closest to the
Large Renewable Project;
c.
the (i) information required in the Prescribed Template – Notice of Public Community Meeting; (ii) Site
Considerations Information; and (iii) the Community Engagement Plan were all on public display at the public
community meeting;
d.
the public community meeting occurred on or after June 12, 2013;
120 Adelaide Street West, Suite 1600
Toronto, Ontario M5H 1T1
T 416-967-7474
F 416-967-1947
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e.
a copy of the meeting summary report for each public community meeting has been posted on the Large
Renewable Project Website; and
f.
a copy of the meeting summary report for each public community meeting has been provided to the clerk of each
Project Community (including, but not limited to, the Project Community within which the public community
meeting took place), if applicable, and any other designated official prescribed by each Project Community, acting
reasonably.
The Registered Proponent confirms that evidence substantiating these confirmations has been provided in the Proposal in
the form of a copy of the meeting summary report(s); a screenshot of the Large Renewable Project Website with the
meeting summary report(s) posted with the date and URL clearly shown; and copies of courier transmittal sheets
evidencing delivery of the meeting summary report(s) to each of the Project Communities. (Section 3.2.5(c))
17. The Registered Proponent confirms that for each public community meeting identified in Section 16 of this Prescribed
Form, at least fifteen (15) days prior to the public community meeting, a public notice using the Prescribed Template –
Notice of Public Community Meeting was:
a.
published on at least two (2) separate days in a newspaper with general circulation within twenty-five (25)
kilometres of the Large Renewable Project and proposed Connection Line, or if no such newspaper exists the
notice must have been published in at least six (6) conspicuous locations within twenty-five (25) kilometres of the
Large Renewable Project and proposed Connection Line;
b.
posted on the Large Renewable Project Website;
c.
if reasonable to do so, published in a newspaper printed by each Aboriginal Community that may be affected by or
otherwise interested in the Large Renewable Project or proposed Connection Line, if such newspaper exists and
the publisher of such newspaper permits the publication;
d.
delivered to:
i. every assessed owner of Property located within one hundred and twenty (120) metres of the boundaries
of the Properties that, in whole or in part, constitute the Site, and every assessed owner of Property
within one hundred and twenty (120) metres of the proposed Connection Line, if the Large Renewable
Project utilizes a Renewable Fuel other than On-Shore Wind;
ii. every assessed owner of Property located within five hundred and fifty (550) metres of the boundaries of
the Properties that, in whole or in part, constitute the Site, and every assessed owner of Property within
one hundred and twenty (120) metres of the proposed Connection Line, if the Large Renewable Project
utilizes On-Shore Wind as its Renewable Fuel;
iii. every assessed owner of a Property Abutting the Properties that, in whole or in part, constitute the Site,
and every assessed owner of Property on which the proposed Connection Line is to be situated, other
than an owner described in Subsections 3.2.5(d)(i)(4)i or ii of the LRP I RFP;
iv. every Provincial Crown Land Leaseholder with a Provincial Crown Land Lease located on Property on
which the Site is located;
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v. every Provincial Crown Land Leaseholder with a Provincial Crown Land Lease located within one hundred
and twenty (120) metres of the boundaries of the Properties that, in whole or in part, constitute the Site,
and every Provincial Crown Land Leaseholder with a Provincial Crown Land Lease within one hundred and
twenty (120) metres of the proposed Connection Line, if the Large Renewable Project utilizes a
Renewable Fuel other than On-Shore Wind;
vi. every Provincial Crown Land Leaseholder with a Provincial Crown Land Lease located within five hundred
and fifty (550) metres of the boundaries of the Properties that, in whole or in part, constitute the Site, and
every Provincial Crown Land Leaseholder with a Provincial Crown Land Lease within one hundred and
twenty (120) metres of the proposed Connection Line, if the Large Renewable Project utilizes On-Shore
Wind as its Renewable Fuel;
vii. every Provincial Crown Land Leaseholder with a Provincial Crown Land Lease that Abuts the Property on
which the Site is located, other than a Provincial Crown Land Leaseholder described in Subsections
3.25.(d)(i)(4)iv, v or vi of the LRP I RFP;
viii. every Aboriginal Community that, in the judgement of the Registered Proponent, acting reasonably, may
be affected by or otherwise interested in the Large Renewable Project or proposed Connection Line;
ix. the clerk of each Municipality in which the Large Renewable Project or proposed Connection Line is
proposed to be situated;
x. the secretary-treasurer of each local roads board of a local roads area in which the Large Renewable
Project or proposed Connection Line is proposed to be situated;
xi. the secretary of each Local Services Board of a board area in which the Large Renewable Project or
proposed Connection Line is proposed to be situated;
xii. the secretary-treasurer of any Planning Board that has jurisdiction in an area in which the Large
Renewable Project or proposed Connection Line is proposed to be situated;
xiii. the chair of the Niagara Escarpment Commission, if the Large Renewable Project or proposed Connection
Line is in the area of the Niagara Escarpment Plan;
xiv. the Director, Environmental Approvals Access and Service Integration Branch, Ministry of the
Environment and Climate Change;
xv. the secretary of every company operating an oil or natural gas pipeline, if a pipeline right of way for the
pipeline is located within two hundred (200) metres of the Large Renewable Project or proposed
Connection Line,
xvi. the Engineering and Development Branch, Environment Canada at weatherradars@ec.gc.ca if the Large
Renewable Project uses On-Shore Wind as its Renewable Fuel; and
xvii. the secretary-treasurer of each conservation authority established by or under the Conservation
Authorities Act, RSO 1990, c C.27 or a predecessor thereof in whose jurisdiction the Project is proposed,
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except for those circumstances where a failure to deliver such public notice is cured under Section 17(e) of this
Prescribed Form.
e.
The Registered Proponent confirms that if the Registered Proponent fails to meet the requirement to deliver a
public notice using the Prescribed Template – Notice of Public Community Meeting to any Person identified in
Section 17(d) of this Prescribed Form at least fifteen (15) days prior to the public community meeting identified in
response to Section 16 of this Prescribed Form, the Registered Proponent has cured that failure without having to
hold another public community meeting by:
i. meeting directly with each such Person to discuss the Large Renewable Project;
ii. making available to each such Person all of the information that was made available at the public
community meeting; and
iii. obtaining written confirmation from each such Person in the Prescribed Form – Missed Meeting Notice
Confirmation that: (i) they are satisfied with the information provided by the Registered Proponent; and
(ii) they waive their right to require the Registered Proponent to hold another public community meeting
after giving proper notice in accordance with the requirements of the LRP I RFP.
The Registered Proponent confirms that evidence substantiating these confirmations has been provided in the Proposal in
the form of a single copy of the public notice that was distributed; and a screenshot of the Large Renewable Project
Website with the notice of public meeting posted with the date and URL clearly shown. (Section 3.2.5(d))
18. The Registered Proponent confirms that:
a.
a copy of the Site Considerations Information (including copies of any background reports, sources or materials)
has been continuously posted on the Large Renewable Project Website from the date that is at least fifteen (15)
days prior to the date of the public community meeting identified in response to Subsection 3.2.5(c) and agrees to
continue posting the Site Considerations Information until the IESO announces the Selected Proponents for this
LRP I RFP, if any; and
b.
a copy of the Site Considerations Information has been delivered to the clerk of each Project Community, if
applicable, and any other designated official prescribed by each Project Community, acting reasonably.
The Registered Proponent confirms that evidence substantiating these confirmations has been provided in the Proposal in
the form of a screenshot of the Large Renewable Project Website with the Site Considerations Information posted with the
date and URL clearly shown; and copies of courier transmittal sheets evidencing delivery of the Site Considerations
Information to each of the Project Communities. (Section 3.2.6(b))
19. The Registered Proponent confirms that it has made all due inquiry into requirements to obtain any applicable Renewable
Energy Approval and other equivalent environmental assessments, approvals or registrations that are applicable to the Site
and/or the proposed Connection Line, including any applicable requirement to register with the Environmental Activity and
Sector Registry, including having read and understood the requirements and, unless the Registered Proponent cannot gain
access to a Site that is located entirely on provincial Crown lands, the Registered Proponent or its representative confirm
attending at the Site. (Section 3.2.6(d))
120 Adelaide Street West, Suite 1600
Toronto, Ontario M5H 1T1
T 416-967-7474
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20. The Registered Proponent confirms that it meets the Tangible Net Worth requirements specified in Subsections 3.2.10 (a),
(b) and (c) of the LRP I RFP and has provided evidence substantiating this confirmation in the form of:
a.
the Prescribed Form Proposal Workbook;
b.
a Commitment Letter from each Designated Equity Provider which confirms its commitment to advance or provide
its equity contribution, and specifying the amount of the proposed equity contribution, which (in total if there is a
group of Designated Equity Providers) must be greater than or equal to the equity amount specified in the
Prescribed Form – Proposal Workbook (refer also to the definition of Commitment Letter in Appendix A for the
minimum requirements of a Commitment Letter); and
c.
a Prescribed Form – Designated Equity Provider Declaration from each Designated Equity Provider signed by an
officer of the Designated Equity Provider which confirms that the Designated Equity Provider has sufficient equity
and Tangible Net Worth to finance all Large Renewable Projects, or the portion of all Large Renewable Projects
for which they are responsible, for which they are listed as a Designated Equity Provider. (Section 3.2.10)
Representations, Warranties and Acknowledgements
21. The Registered Proponent acknowledges that IESO may contract with others in relation to any Large Renewable Project(s)
or may otherwise obtain the same or similar generation projects by other means and on different terms than this LRP I RFP.
(Section 1.6)
22. The Registered Proponent confirms the receipt of all of the Addenda issued by the IESO. (Section 2.3)
23. The Registered Proponent confirms that it is not a Rate Regulated Utility but if a Control Group Member of the Registered
Proponent is a Rate Regulated Utility, the Registered Proponent confirms that the Registered Proponent and such Rate
Regulated Utility complied with Exhibit G of the LRP I Contract when preparing its Proposal and will comply with Exhibit G of
the LRP I Contract throughout the Term of the LRP I Contract, if successful. (Section 2.5.1)
24. The Registered Proponent has only engaged in communications for the Permitted Purposes. (Section 2.6.3)
25. The Registered Proponent has not engaged in any communications for the Excluded Purposes. (Section 2.6.3)
26. The Registered Proponent confirms that it has not nor any other member of its Proponent Team has not engaged in any
activity or communication that would constitute a Conflict of Interest or has engaged in any activity or communication that
results in collusion or a violation of any of the civil or criminal code provisions of the Competition Act (Canada). (Section
2.6.3)
27. The Registered Proponent confirms that the Proposal is complete in every respect and in compliance with the LRP I RFP.
(Section 2.7(c))
28. The Registered Proponent acknowledges that any amendments made to the Prescribed Forms or Prescribed Templates,
whether on the face of such forms or contained elsewhere in its Proposal, may result in the rejection of its Proposal or
otherwise may be taken into consideration in the evaluation of the Proposal. (Section 2.7(i))
120 Adelaide Street West, Suite 1600
Toronto, Ontario M5H 1T1
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29. The Registered Proponent acknowledges that there have been no material changes to the Large Renewable Project since
the Registration Deadline or if there has been material changes the IESO has provided its written consent to such material
changes. (Section 2.7.4)
30. The Registered Proponent acknowledges that disclosure by the Registered Proponent or by any member of its Proponent
Team of any of the values in the Proposal Price Statement in the Proposal or elsewhere shall result in rejection of its
Proposal. (Section 3.4.1)
31. The Registered Proponent acknowledges that if its Proposal does not comply with the requirements set out in the LRP I RFP,
as determined by the IESO in its sole and absolute discretion, the IESO shall, without liability, cost or penalty, reject its
Proposal and not give any further consideration to its Proposal. (Section 4.4)
32. The Registered Proponent acknowledges that if the IESO commits a material breach of the LRP I RFP (that is a material
breach of “Contract A”), the IESO’s liability to an LRP I Party and the aggregate amount of damages recoverable against the
IESO for any matter relating to or arising from that material breach, whether based upon an action or claim in contract,
warranty, equity, negligence, intended conduct or otherwise, including any action or claim arising from the acts or
omissions, negligent or otherwise, of the IESO, shall be no greater than the submission preparation costs that an LRP I Party
seeking damages from the IESO can demonstrate. (Section 4.7)
33. The Registered Proponent acknowledges that it irrevocably waives any claim or right in law or otherwise to make any claim
or bring any action of any kind against the IESO and any noted parties in relation to any of the communication specified in
Section 4.9 of the LRP I RFP. (Section 4.9)
34. The Registered Proponent acknowledges that the IESO has reserved unto itself all of the rights specified in Section 4.14 of
the LRP I RFP and that these reserved rights are in addition to any other express rights or any of the other rights implied in
the circumstances of Section 4.14. (Section 4.14)
35. The Registered Proponent authorizes on its own behalf and on behalf of each member of the Proponent Team the
collection by the IESO of the information contained in Section 4.14(4), (5) and (6) of the LRP I RFP. (Section 4.14)
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AND I MAKE THIS SOLEMN DECLARATION conscientiously believing it to be true, and knowing that it is of the same force and effect
as if made under oath and by virtue of the Canada Evidence Act.
Name of Declarant
<insert name of declarant>
Signature of Declarant
Declared before me at <insert City, Town, Region, etc.> of <insert
name of City, Town, Region, etc.> in the Province of <insert name
of Province> this day of
, 20
Name of Commissioner of Oaths, etc.
<insert name of Commissioner of Oaths, etc.>
<Statutory declarations must be solemnly declared and signed
before commissioners of oaths or similar officials (e.g. notary
public).>
Signature of Commissioner of Oaths, etc.