City of Richmond and Lulu Island Energy Company Ltd. v. British Columbia Utilities Commission, 2023 BCCA 203

Craig Dennis, K.C. and Owen James acted for City of Richmond and, its local government corporation (“LGC”), Lulu Island Energy Company Ltd., in the appeal of a decision on the regulatory scope of the British Columbia Utilities Commission.  The decision under appeal, dated November 10, 2022, was made in the context of an inquiry into the regulation of energy utilities affiliated with municipalities in British Columbia, and found that certain LGCs are “public utilities” that are not excluded from regulation under the Utilities Commission Act, RSBC 1996, c. 47 [“UCA”]. In Reasons pronounced May 8, 2023 (see North Vancouver (City) v. British Columbia (Utilities Commission), 2023 BCCA 203) the City and its LGC succeeded on an application for leave to appeal the decision that LGCs are regulated under the UCA. The appeal is scheduled for later this year.