Power Sales Agreement Template for Canada

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Key Requirements PROMPT example:

Power Sales Agreement

"I need a Power Sales Agreement for a new solar facility in Ontario, with a 20-year term starting March 2025, selling to a provincial utility, including provisions for renewable energy credits and First Nations consultation requirements."

Document background
The Power Sales Agreement is a crucial document used in the Canadian energy sector to establish legally binding arrangements for the sale and purchase of electrical power. It is particularly relevant when power generators, utilities, or independent power producers seek to sell electricity to utilities, industrial consumers, or other off-takers. The agreement must navigate the complex regulatory landscape of Canada's energy sector, where electricity falls primarily under provincial jurisdiction while still being subject to certain federal regulations. The document typically includes detailed provisions for pricing, delivery obligations, operational requirements, risk allocation, and compliance with relevant provincial market rules and environmental regulations. It is essential for both new power projects seeking long-term off-take arrangements and existing facilities establishing or renewing power sale arrangements. The agreement must be carefully structured to account for provincial-specific requirements, as electricity market structures and regulations can vary significantly across Canadian provinces.
Suggested Sections

1. Parties: Identification of the power seller and purchaser, including full legal names and addresses

2. Background: Context of the agreement, including facility details and purpose of the power sale arrangement

3. Definitions: Detailed definitions of technical and commercial terms used throughout the agreement

4. Sale and Purchase Obligations: Core obligations regarding power supply and purchase commitments

5. Term and Termination: Duration of agreement, renewal options, and termination circumstances

6. Price and Payment: Pricing structure, payment terms, billing procedures, and dispute mechanisms

7. Delivery Point and Transfer of Risk: Specification of where power is delivered and risk/title transfer

8. Metering and Recording: Requirements for measuring and recording power delivery

9. Operating Procedures: Day-to-day operational requirements and communications

10. Force Majeure: Definition and consequences of force majeure events

11. Default and Remedies: Events of default and available remedies

12. Representations and Warranties: Standard legal assurances from both parties

13. Liability and Indemnification: Allocation of risks and responsibilities between parties

14. Dispute Resolution: Procedures for resolving disputes

15. Confidentiality: Protection of confidential information

16. General Provisions: Standard boilerplate provisions including notices, amendments, and governing law

Optional Sections

1. Environmental Attributes: Provisions regarding renewable energy credits or environmental attributes, used when the power source is renewable

2. Interconnection Requirements: Detailed connection requirements, used when new infrastructure is needed

3. Performance Security: Requirements for security deposits or guarantees, used for counterparties with credit concerns

4. Development Milestones: Construction and development timelines, used for new generation facilities

5. Change in Law: Provisions for handling regulatory changes, used in long-term agreements

6. Capacity Requirements: Specific capacity obligations, used when capacity payments are included

7. Curtailment Rights: Rights to reduce power delivery, used for variable generation sources

8. Indigenous Rights Provisions: Specific provisions related to Indigenous rights and consultation, used when relevant to project location

Suggested Schedules

1. Schedule A - Facility Description: Technical details of the generation facility

2. Schedule B - Pricing Formula: Detailed pricing calculations and adjustments

3. Schedule C - Operating Procedures: Detailed procedures for daily operations and communications

4. Schedule D - Metering Specifications: Technical requirements for metering equipment

5. Schedule E - Delivery Point Diagram: Technical diagram showing the delivery point and relevant infrastructure

6. Schedule F - Form of Generation License: Copy of or requirements for generation license

7. Schedule G - Performance Standards: Technical and operational performance requirements

8. Appendix 1 - Contact Information: List of key contacts and communication protocols

9. Appendix 2 - Annual Delivery Profile: Expected power delivery schedule and volumes

10. Appendix 3 - Testing Procedures: Procedures for testing and verifying facility performance

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Energy & Utilities

Power Generation

Renewable Energy

Industrial Manufacturing

Mining & Resources

Oil & Gas

Commercial Real Estate

Data Centers

Public Sector

Infrastructure

Relevant Teams

Legal

Commercial

Energy Trading

Operations

Risk Management

Regulatory Affairs

Business Development

Finance

Technical Operations

Sustainability

Compliance

Relevant Roles

Energy Trading Manager

Power Plant Manager

Commercial Director

Legal Counsel

Regulatory Compliance Officer

Business Development Manager

Chief Commercial Officer

Risk Manager

Operations Director

Energy Contract Administrator

Technical Operations Manager

Chief Financial Officer

Sustainability Officer

Power Systems Engineer

Energy Markets Analyst

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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