September 4, 2013: Draft FIT 3 Program Documents Available for Comment (revised September 27)

To prepare for the opening of the next FIT application period in fall 2013, the OPA is making draft versions of the FIT 3 Program Rules, Contract and Standard Definitions available for comment. The OPA also expects to post draft versions of the prescribed forms for comment during the second week of September. 
These drafts are intended to reflect the policy decisions of the Minister of Energy as indicated in the June 12, 2013, and August 16, 2013, directions. A summary of changes to the FIT Program from 2.1 to draft 3 is available here.
The draft FIT 3 Rules contain tailored provisions for applicants who want to participate in the Unconstructed Rooftop Solar Pilot program, including a separate procurement target of 15 megawatts (MW). The timeline for the pilot program will be the same as for other FIT applicants who will apply in the fall 2013 application period.
For other important dates, see the 2013 FIT and microFIT procurement schedule, which includes preliminary schedules for 2014 and 2015. These schedules are meant to assist prospective applicants and are subject to change.
Below are links to draft FIT 3 Program documents. Thank you for providing your feedback by September 20, 2013. 
The final versions of the documents are expected to be available by early October in advance of the start of the application period.
Click here for the draft FIT 3 Rules.
Click here for the revised draft Access Rights Definition. Revised draft September 27, 2013
Click here for the revised draft Access Rights Declaration Prescribed Form. Revised draft September 27, 2013
Click here for the draft FIT 3 Contract.
Click here for the draft FIT 3 Contract comparison to version 2.1.1.
Click here for the draft FIT 3 Standard Definitions.
Click here for the draft FIT 3 Standard Definitions comparison to version 2.1.
Click here for a summary of changes to the FIT Program from version 2.1 to draft version 3.
Click here for the draft Prescribed Forms. 
Click here for the August 26, 2013 price schedule, which is now in effect.
Click here for procurement schedules.

September 27, 2013: Revised Draft FIT 3 Access Rights Definition and Prescribed Form
The OPA has received constructive feedback on the definition of Access Rights found in Section 2.1(n) of the draft FIT 3 Rules and the draft Access Rights Declaration prescribed form. Due to the issues encountered by Applicants during FIT 2.1 with evidencing Site Access Rights, the OPA is adopting an alternative approach to confirming Access Rights that does not involve submitting lease agreements, option agreements, etc. The OPA’s intent is to have an Applicant confirm that it has Access Rights when submitting an Application by confirming in a statutory declaration that it does have Access Rights and that it has received legal advice regarding the subject matter of the declaration. Attached to the declaration is a certificate of a solicitor confirming he or she provided legal advice to the Applicant and confirming that the declarations of the Applicant are true.
Based on the feedback received on the draft version posted September 4, 2013, the OPA has amended the definition of Access Rights to make it an objective standard. As such the Applicant and solicitor are no longer confirming the “sufficiency” of the Access Rights to build and operate the project. The declaration has been amended to clarify it speaks only to the status of the Access Rights at the date the declaration and certification are provided. It has also been amended to confirm that the solicitor’s acknowledgement is not intended to be an opinion of the solicitor.
The revised draft Access Rights definition and prescribed form are being posted here for a second brief comment period to provide stakeholders a further opportunity to provide feedback.
Thank you for submitting your comments by October 2, 2013.