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Physical Power Purchase Agreement Template for Canada

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Key Requirements PROMPT example:

Physical Power Purchase Agreement

"I need a Physical Power Purchase Agreement for a new solar power facility in Ontario, with a planned commercial operation date of March 1, 2025, where we'll be selling 50MW of power to a large industrial customer with specific requirements for peak hour delivery and environmental attributes."

Document background
The Physical Power Purchase Agreement (PPA) is a fundamental contract type in the Canadian energy sector, used when a power generator agrees to physically deliver electricity to a purchaser. This document is essential for any direct power supply arrangement in Canada, whether for renewable or conventional power sources. It provides a comprehensive framework for the physical delivery of electricity, including specific terms for pricing, delivery points, metering, and operational requirements. The agreement must comply with both federal and provincial regulations, as electricity falls under provincial jurisdiction in Canada while still being subject to certain federal oversights. This document type is particularly relevant in contexts where large industrial or commercial consumers seek to secure their power supply directly from generators, or where renewable energy projects are being developed with specific off-takers. The PPA addresses critical aspects such as grid connection requirements, provincial market rules, environmental attributes, and where applicable, Indigenous rights considerations.
Suggested Sections

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

2. Background: Context of the agreement, including facility description, location, and purpose of the agreement

3. Definitions: Comprehensive definitions of technical, commercial, and legal terms used throughout the agreement

4. Sale and Purchase Obligations: Core obligations regarding the sale and purchase of electricity, including minimum and maximum quantities

5. Term and Termination: Duration of the agreement, conditions for renewal, and termination rights

6. Price and Payment: Pricing structure, payment terms, invoicing requirements, and dispute procedures

7. Delivery Point and Title Transfer: Specification of the delivery point and transfer of title/risk

8. Metering and Measurement: Requirements for measuring delivered electricity and maintaining metering equipment

9. Operating Requirements: Technical and operational standards, maintenance requirements, and scheduling procedures

10. Force Majeure: Definition and procedures for force majeure events

11. Representations and Warranties: Standard and specific warranties from both parties

12. Insurance and Liability: Insurance requirements and limitation of liability provisions

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

14. Dispute Resolution: Procedures for resolving disputes, including jurisdiction and governing law

15. Confidentiality: Protection of confidential information

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

Optional Sections

1. Environmental Attributes: Section dealing with renewable energy credits and environmental attributes - include for renewable energy facilities

2. Indigenous Rights and Consultation: Required when project affects First Nations lands or rights

3. Interconnection Requirements: Detailed interconnection terms if not covered in a separate agreement

4. Carbon Credits and Environmental Benefits: Allocation of carbon credits and other environmental benefits - relevant for clean energy projects

5. Capacity Rights: Terms regarding capacity rights and ancillary services if applicable

6. Development and Construction: Include if the facility is not yet operational

7. Performance Security: Requirements for performance bonds or other security if required by either party

Suggested Schedules

1. Facility Description: Detailed technical specifications of the generating facility

2. Pricing Schedule: Detailed pricing mechanisms, calculations, and adjustments

3. Operating Procedures: Detailed procedures for day-to-day operations and communications

4. Metering Specifications: Technical requirements for metering equipment and procedures

5. Form of Generation Forecast: Template for generation forecasts and reporting

6. Performance Standards: Detailed performance requirements and testing procedures

7. Form of Guarantees: Templates for any required performance guarantees

8. Interconnection Details: Technical specifications for grid interconnection

9. Contact Information: List of key contacts and authorized representatives

10. Insurance Requirements: Detailed insurance specifications and requirements

Authors

Alex Denne

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

Relevant legal definitions
















































































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Relevant Industries

Energy

Utilities

Manufacturing

Mining

Industrial Processing

Renewable Energy

Clean Technology

Commercial Real Estate

Data Centers

Heavy Industry

Petrochemicals

Pulp and Paper

Agriculture

Relevant Teams

Legal

Commercial

Operations

Finance

Risk Management

Sustainability

Environmental

Indigenous Relations

Regulatory Affairs

Technical Services

Business Development

Procurement

Trading

Compliance

Relevant Roles

Energy Procurement Manager

Power Trading Director

Legal Counsel

Commercial Director

Chief Financial Officer

Energy Operations Manager

Sustainability Director

Risk Manager

Technical Operations Director

Regulatory Compliance Officer

Business Development Manager

Power Plant Manager

Environmental Manager

Indigenous Relations Manager

Contract Administrator

Energy Analytics Manager

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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