ORDER NUMBER
G-23-26
IN THE MATTER OF
the Utilities Commission Act, RSBC 1996, Chapter 473
and
Cambie Gardens Energy Limited Partnership
Terms of Service and Rates for the City of Vancouver and S.U.C.C.E.S.S. Affordable Housing Society
BEFORE:
M. Jaccard, Panel Chair
E. A. Brown, Commissioner
on February 12, 2026
ORDER
WHEREAS:
A. By Order G-249-24, dated September 24, 2024, the British Columbia Utilities Commission (BCUC) issued its decision (Complaint Decision) regarding a complaint filed by S.U.C.C.E.S.S. Affordable Housing Society (SUCCESS) and the City of Vancouver (City). The complaint was regarding the inability of Cambie Gardens Energy Limited Partnership (CGE) and SUCCESS to reach an agreement on the rates and terms for the delivery of thermal energy service from the CGE thermal energy system (TES);
B. By Order G-373-21, dated December 15, 2021, the BCUC granted CGE an exemption from sections 44.1, 45 and 59 to 61 of the Utilities Commission Act (UCA) for the CGE TES in accordance with the BCUC’s TES Guidelines that were in effect at that time by Order G-27-15;
C. CGE provides thermal energy to three customers: SUCCESS, which is a tenant of an airspace parcel owned by the City; a residential strata; and a commercial customer. CGE has executed service agreements in place with its residential strata and commercial customers;
D. The BCUC in the Complaint Decision provided recommendations and guidance to CGE and the City and SUCCESS with respect to rates and terms of a service agreement and directed that the parties had an additional six months from the date of Order G-249-24 to negotiate a long-term service agreement. The BCUC further directed that the parties were to provide notification to the BCUC if they were unable to reach agreement within this period;
E. By letters dated March 21, 2025 and March 25, 2025, with updates filed on April 28, 2025 and April 22, 2025 respectively, CGE and the City and SUCCESS confirmed that they had not reached agreement on a long-term service agreement;
F. By Order G-147-25, dated June 16, 2025, the BCUC initiated a proceeding to set CGE’s rates and terms of service with respect to its service to SUCCESS and established a regulatory timetable. The regulatory timetable included provision of notice to the other customers of the CGE TES, information to be filed by CGE, a letter of comment deadline, and submissions from CGE and the City and SUCCESS;
G. By Order G-294-25, dated December 11, 2025, the BCUC found varying CGE’s Stream A TES exemption was warranted. The BCUC found that CGE should no longer be exempt from sections 59 to 61 of the UCA with respect to its service to SUCCESS to enable the BCUC to set CGE’s rates and terms of service to SUCCESS;
H. On December 11, 2025, the BCUC requested that the Minister responsible for the administration of the Hydro and Power Authority Act (Minister) grant advance approval to the BCUC to provide CGE continued exemption from sections 44.1, 45 and 59 to 61 of the UCA with respect to CGE’s service to the residential strata customer and the commercial customer of the CGE TES, and continued exemption from sections 44.1 and 45 of the UCA with respect to CGE’s service to SUCCESS;
I. By letter dated January 8, 2026 and attached as Appendix A to this Order, the Minister granted advance approval to the BCUC to vary Order G-373-21 such that CGE is exempt from sections 44.1, 45 and 59 to 61 of the UCA with respect to CGE’s service to the residential strata customer and the commercial customer of the CGE TES and sections 44.1 and 45 of the UCA with respect to CGE’s service to SUCCESS; and
J. The BCUC has reviewed the evidence and submissions in this proceeding and finds the following determinations are warranted.
NOW THEREFORE the BCUC orders that Term 1 of Order G-373-21 is varied as follows:
“CGE is exempt from:
A) Sections 44.1, 45 and 59 to 61 of the UCA with respect to CGE’s service to the residential strata customer and the commercial customer of the CGE TES;
B) Sections 44.1 and 45 of the UCA with respect to CGE’s service to SUCCESS.”
DATED at the City of Vancouver, in the Province of British Columbia, this 12th day of February 2026.
BY ORDER
Electronically signed by Mark Jaccard
M. Jaccard
Commissioner