Since 2011, Allen & Co. LLP has been a consistent participant in the Ontario Feed-in-Tariff (FIT) program on behalf of clients in relation to rooftop solar PV electrical generation facilities. 

In particular, we have assisted a variety of clients, including developers and building owners:

  • draft, negotiate and execute hundreds of rooftop solar leases for buildings throughout Ontario
  • prepare hundreds of applications for Contracts under the FIT Program (FIT Program versions 1 through 4)
  • negotiate joint investment, partnership or other arrangements with Ontario First Nations organizations as part of government-sponsored solar co-investment programmes
  • reorganize inter-corporate ownership of solar assets prior to Commercial Operation, including assignment of related FIT Contracts and rooftop leases
  • sell solar generating assets to third party institutional buyers, including assignment of related FIT Contracts and rooftop leases

We have also had particular experience in:

  • dealing with Ontario's IESO (Independent Electricity System Operator) (formerly known as the Ontario Power Authority (OPA) as well as its legal advisers in addressing FIT Contract assignment, implementation of security, and other issues
  • sourcing property/liability insurance for facilities
  • obtaining non-disturbance agreements from secured creditors on title (including from most major banks and credit unions operating in Ontario) to the properties where our clients' solar assets have been installed

To date, we have assisted clients in buying or selling close to 30 MW of rooftop solar facilities in Ontario.

We would be pleased to assist you in connection with any solar assets located in Ontario you wish to finance, purchase, sell or otherwise restructure.