120 Adelaide Street West, Suite 1600
Toronto, Ontario M5H 1T1
T 416-967-7474
F 416-967-1947
www.ieso.ca
Instructions for the Prescribed Form - Access Rights Declaration
Page i of i
Mar 2015
IESORP/f-LRPIRFP-005r2
This page sets out the instructions for completing the Prescribed Form – Access Rights Declaration.
All capitalized terms used in these instructions and the Prescribed Form – Access Rights Declaration, unless otherwise stated, have
the meanings ascribed to them in the LRP I RFP.
INSTRUCTIONS APPLICABLE TO ALL PRESCRIBED FORMS:
a.
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.
b.
This instruction page is not required to be submitted with the Proposal.
c.
Information provided in each Prescribed Form should be consistent with the information provided in the Proposal.
d.
Where the Prescribed Form has multiple pages, the pages of the Prescribed Form should be kept together in the Proposal in
sequential order.
e.
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.
f.
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.
g.
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".
h.
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.
i.
With the exception of this instruction page, instructions within a Prescribed Form will be enclosed in brackets.
INSTRUCTIONS SPECIFIC TO THE PRESCRIBED FORM – ACCESS RIGHTS DECLARATION:
j.
This Prescribed Form – Access Rights Declaration must be signed by a Solicitor, which means a lawyer licensed to practice
law in the province of Ontario (“Solicitor”).
k.
An original ink signature must be provided on the Prescribed Form – Access Rights Declaration included with the hard copy
Proposal 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
Prescribed Form – Access Rights Declaration
Page 1 of 4
Mar 2015
IESORP/f-LRPIRFP-005r2
Name of the Large Renewable
Project:
<insert name of Large Renewable Project>
Registered Proponent:
<insert legal name of 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>
Description of all Properties on
which the Site is located <PIN(s) (if a
PIN is not available, use legal
description), Grid Cell(s), and/or
Waterpower Site Number>:
<insert the description of the Site of the Large Renewable Project>
STATUTORY DECLARATION IN THE MATTER OF a Proposal for a Large Renewable Project 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
information:
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.
2.
The Registered Proponent identified above proposes to develop, construct and operate a Large Renewable Project, with the
characteristics outlined in the table above, under the LRP I RFP.
3.
The Registered Proponent has retained <insert name of the Solicitor> (the “Solicitor”) a solicitor licensed to practice law in
the province of Ontario, to provide the Registered Proponent with legal advice with respect to the Registered Proponent’s
Access Rights to the Site as identified in the Proposal.
4.
Attached as Exhibit A to this form is the Solicitor’s acknowledgement that she/he has provided the Registered Proponent
with legal advice regarding the subject matter of this Prescribed Form – Access Rights Declaration and as described herein.
5.
I confirm that the Registered Proponent holds one or more of the following rights to the Site (“Access Rights”):
a.
Title, option, lease, or agreement to lease:
i. title, or an option that provides the contractual right to acquire title, or
ii. a lease, or an option or agreement to lease, that provides the Registered Proponent the contractual right
to build, operate and maintain the Large Renewable Project and the Renewable Generating Facility, which
120 Adelaide Street West, Suite 1600
Toronto, Ontario M5H 1T1
T 416-967-7474
F 416-967-1947
www.ieso.ca
Prescribed Form – Access Rights Declaration
Page 2 of 4
Mar 2015
IESORP/f-LRPIRFP-005r2
lease or option or agreement to lease has, or in the case of an option would if exercised have, a term that
is no less than the Term of the LRP I Contract;
except that:
iii. for any of the above where the grant is conditional, such grant may only be conditional on the Registered
Proponent being offered an LRP I Contract, or otherwise conditional in favour of (x) the Registered
Proponent, (y) the Crown, or (z) a First Nation Community with respect to lands that are within the
meaning of paragraphs (a), (b) or (c) of the definition of First Nation Lands; and
iv. for any of the above that are in the form of an option, such option is irrevocable by the grantor and
exercisable by the Registered Proponent from the Proposal Submission Deadline to a date that would be
not less than twelve (12) months following the Proposal Submission Deadline;
b.
License (in addition to the rights Section a. above, Access Rights may include the Registered Proponent holding):
i. a license that provides the Registered Proponent the contractual right to build, operate and maintain the
Large Renewable Project and the Renewable Generating Facility, which license has a term that is no less
than the Term of the LRP I Contract;
except that:
ii. for a license that is conditional or revocable, the license is only revocable due to the Registered Proponent
not being offered a LRP I Contract, or conditional on the Registered Proponent being offered a LRP I
Contract, but otherwise maybe conditional in favour of (x) the Registered Proponent, (y) the Crown, or (z)
a First Nation Community with respect to lands that are within the meaning of paragraphs (a), (b) or (c) of
the definition of First Nation Lands;
c.
Priority Permit / Survey Permit in respect of federal Crown lands (in whole or in part):
i. in addition to the rights in a. and b. above, Access Rights may include the Registered Proponent holding a
“Priority Permit” issued pursuant to the Dominion Water Power Act, R.S.C., 1985, c. W-4, a “Survey
Permit” issued by Parks Canada pursuant to the Dominion Water Power Act, R.S.C., 1985, c. W-4 in
respect of a Waterpower site, or equivalent binding commitment from the federal Crown;
d.
Applicant of Record / Crown Land Site Report in respect of provincial Crown lands (in whole or in part) and in
addition to the rights in a. and b. above:
i. the Registered Proponent has been awarded Applicant of Record Status or;
ii. the IESO has been notified by the MNRF in writing that the Registered Proponent's Crown Land Site
Report referred to in Section 3.1.14 was submitted to the MNRF at least ten (10) Business Days prior to
the Proposal Submission Deadline and is complete, as determined by the MNRF based on its review
criteria (except that a solicitor’s confirmation is not required to confirm that the Crown Land Site Report
was submitted to the MNRF at least ten (10) Business Days prior to the Proposal Submission Deadline or
that the IESO has been notified by the MNRF in writing that the Registered Proponent’s Crown Land Site
Report is complete).
120 Adelaide Street West, Suite 1600
Toronto, Ontario M5H 1T1
T 416-967-7474
F 416-967-1947
www.ieso.ca
Prescribed Form – Access Rights Declaration
Page 3 of 4
Mar 2015
IESORP/f-LRPIRFP-005r2
; or
e.
If the Large Renewable Project is to be located on First Nation Lands (in whole or in part) and in addition to the
rights in a. and b. above:
i. the Registered Proponent has the right to build, operate and maintain the Large Renewable Project and
the Renewable Generating Facility on the Site for a period of time that is no less than the Term of the LRP
I Contract.
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.
120 Adelaide Street West, Suite 1600
Toronto, Ontario M5H 1T1
T 416-967-7474
F 416-967-1947
www.ieso.ca
Prescribed Form – Access Rights Declaration
Page 4 of 4
Mar 2015
IESORP/f-LRPIRFP-005r2
EXHIBIT A
SOLICITOR’S ACKNOWLEDGMENT
This is to certify that I have provided legal advice to <insert legal name of Registered Proponent> in respect of the Registered
Proponent’s Access Rights to the Site identified in the Proposal for a Large Renewable Project that is proposed to be located on
<insert the legal description of the Site, e.g. PIN(s), Grid Cells, Waterpower Site Numbers, etc.>.
I have reviewed the Registered Proponent’s Prescribed Form – Access Rights Declaration declared by the Registered Proponent on
<insert date of declaration> and hereby confirm that the declarations contained therein are true as at the date hereof.
The confirmation provided herein is not a legal opinion of the undersigned to the IESO including without limitation with respect to
title to the Site or the enforceability of any agreement for Access Rights.
Dated this
day of
, 20
<The Prescribed Form containing the original ink signature must
be provided with the hardcopy materials marked “Original
Copy”. For clarity, other than the Original Copy, any additional
hardcopies of this Prescribed Form must be signed but do not
need to be originals (photocopies may be provided as well).
Signature of Solicitor:
Name of Solicitor: <insert name of Solicitor>