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Energy Purchase Agreement
I need an energy purchase agreement for a commercial entity seeking to procure renewable energy from a local wind farm, with a contract term of 10 years, fixed pricing for the first 5 years, and an option to renegotiate terms based on market conditions thereafter. The agreement should include provisions for energy delivery schedules, penalties for non-compliance, and a clause for early termination under specific circumstances.
What is an Energy Purchase Agreement?
An Energy Purchase Agreement sets up a long-term deal between energy producers and buyers in Canada's power market. These contracts typically lock in prices and delivery terms for electricity, renewable energy, or natural gas over periods ranging from 5 to 25 years.
The agreement protects both sides: producers get guaranteed revenue to finance their projects, while buyers secure stable energy costs and can meet their sustainability goals. Under Canadian provincial energy regulations, these agreements have become essential tools for developing new solar, wind, and other clean energy facilities, especially since many provinces have committed to expanding their renewable power capacity.
When should you use an Energy Purchase Agreement?
Consider an Energy Purchase Agreement when your organization needs to secure a reliable, long-term energy supply at predictable prices. This agreement proves especially valuable for companies expanding operations in Canada's competitive power markets or businesses committed to reaching specific renewable energy targets.
The timing is crucial when planning new facilities, upgrading existing infrastructure, or responding to provincial clean energy mandates. Many Canadian organizations use these agreements to lock in rates before energy prices climb, protect against market volatility, and demonstrate environmental commitments to stakeholders. They're particularly important for projects requiring stable revenue forecasts to attract investors or secure financing.
What are the different types of Energy Purchase Agreement?
- Corporate Power Purchase Agreement: For large businesses buying power directly from generators, often including detailed performance guarantees and volume commitments
- Residential Solar Power Purchase Agreement: Designed for homeowners installing rooftop solar, with simplified terms and consumer protections
- Power Supply Agreement: Used for traditional grid-connected power sales, focusing on reliability and peak demand management
- Power Purchase Contract: Short to medium-term agreements for wholesale electricity purchases between utilities and generators
- Residential Power Purchase Agreement: Tailored for household energy consumers, with clear pricing and consumer-friendly terms
Who should typically use an Energy Purchase Agreement?
- Energy Producers: Power companies, renewable energy developers, and independent generators who sell electricity through Energy Purchase Agreements to secure long-term revenue streams
- Corporate Buyers: Large businesses and industrial facilities looking to lock in energy costs and meet sustainability targets
- Legal Teams: In-house counsel and external law firms who draft and negotiate terms, ensuring provincial regulatory compliance
- Financial Institutions: Banks and investors who rely on these agreements to assess project viability and provide funding
- Utilities: Provincial power authorities and private utilities that facilitate grid connections and manage power distribution
How do you write an Energy Purchase Agreement?
- Project Details: Gather specifications on energy type, volume requirements, delivery points, and project timeline
- Financial Terms: Define pricing structure, payment schedules, and performance guarantees
- Technical Requirements: Document equipment specifications, connection points, and metering arrangements
- Regulatory Compliance: Check provincial energy regulations and obtain necessary permits
- Risk Assessment: Identify potential issues like supply interruptions or price fluctuations
- Legal Framework: Our platform generates customized agreements that ensure all essential elements meet Canadian legal standards
- Stakeholder Input: Collect feedback from technical, financial, and operations teams before finalizing
What should be included in an Energy Purchase Agreement?
- Party Details: Full legal names, addresses, and authorized representatives of both supplier and purchaser
- Energy Specifications: Detailed description of type, quantity, and quality of energy to be supplied
- Delivery Terms: Points of delivery, scheduling, and measurement protocols
- Pricing Structure: Base rates, adjustment mechanisms, and payment terms
- Performance Standards: Output guarantees, availability requirements, and maintenance schedules
- Force Majeure: Circumstances excusing non-performance under Canadian law
- Term and Termination: Duration, renewal options, and early termination rights
- Dispute Resolution: Provincial jurisdiction, arbitration procedures, and governing law
What's the difference between an Energy Purchase Agreement and a Business Purchase Agreement?
Energy Purchase Agreements often get confused with Business Purchase Agreements, but they serve distinctly different purposes in Canadian commerce. While both involve long-term commitments, their core focus and structure differ significantly.
- Primary Focus: Energy Purchase Agreements deal specifically with ongoing energy supply and pricing, while Business Purchase Agreement covers the one-time sale of an entire business entity
- Duration and Performance: Energy agreements typically run for 10-25 years with continuous delivery obligations, unlike business purchases which complete upon closing
- Payment Structure: Energy deals involve recurring payments based on usage and rates, not a single purchase price
- Regulatory Framework: Energy agreements must comply with provincial power generation and distribution laws, while business purchases focus on corporate and commercial regulations
- Risk Allocation: Energy agreements emphasize supply reliability and price stability, whereas business purchases focus on asset transfer and liability protection
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