On February 2, 2024, the BC Supreme Court dismissed a petition by Conifex Timber Inc. challenging the validity of a regulation that effectively relieved BC Hydro of its obligation to provide electricity service to cryptocurrency mining projects. The effect of the decision to dismiss the petition is to maintain a provincial moratorium on cryptocurrency mining projects pending a government policy review.
The regulation in issue was issued by the Lieutenant Governor in Council ("LGIC") under the Utilities Commission Act in December of 2022. It required the British Columbia Utilities Commission to suspend BC Hydro's obligation to provide service to cryptocurrency projects for 18 months. Conifex Timber Inc. challenged the regulation on the basis that it was an unreasonable exercise of LGIC's authority, that it was procedurally unfair, and that in the circumstances the LGIC had failed to meet its legal obligations vis-a-vis First Nations.
BC Hydro and the LGIC together presented the argument - which was sustained - that the regulation was valid and lawful.
Lawson Lundell represented BC Hydro throughout the proceeding. Lawson Lundell's team included Marko Vesely, KC, Jeff Christian, Lisa Peters, KC, Ian Webb, Clara Ferguson, Jonathan Andrews, Catherine Whitehead, and Madison Dutkiewicz.
Read the full decision here: Conifex Timber Inc. v. British Columbia (Lieutenant Governor in Council), 2024 BCSC 177
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
