Executive Council
November 30, 2009The
following statement was issued by the Honourable Danny
Williams, Premier of Newfoundland and Labrador. It was
also read in the House of Assembly:
CF(L)Co Requests
Re-Negotiation of Upper Churchill Contract
I rise today to inform members of this
Honourable House and the general public, of action taken
today by Churchill Falls (Labrador) Corporation as a
result of information which was passed onto that
corporation by the Provincial Government.
As everyone in this province is aware,
in 1969 CF(L)Co signed an agreement with Hydro Quebec
for the development of the Upper Churchill River. Today
the terms of this agreement provide grossly inequitable
compensation in favour of Hydro Quebec, while our
province reaps a pittance by comparison.
For example, last year it is estimated
that Hydro Quebec reaped profits from the Upper
Churchill contract of approximately $1.7 billion, while
Newfoundland and Labrador received a mere $63 million.
CF(L)Co is also responsible for the running, up keep and
maintenance of the Upper Churchill facility.
Power which is bought from our
province for a quarter of a cent per kilowatt hour is
then re-sold by Hydro Quebec for up to 36 times the
price they pay for it.
The gross inequity of this agreement
cannot be denied. It is without a doubt considered the
biggest give away of resources by this province; in
fact, I would venture to say there are no other similar
agreements of such a disproportionate magnitude in the
entire country.
Several previous administrations have
attempted to remedy this either by requesting a
re-negotiation of the contract with Quebec or through
the pursuit of various legal actions. To date, neither
venue has successfully addressed the inequity of this
contract.
A couple of years ago, I instructed
officials to undertake an extensive and thorough review
of potential legal remedies. As a lawyer by profession,
I was determined to ensure that no legal stone was left
unturned.
As a result of this review, we have
discovered a very legitimate and compelling legal
argument that has not yet been tested in relation to the
Upper Churchill Contract. Under Quebec�s own civil code
there is an obligation imposed by law for parties to act
in good faith in all legal relationships, including the
negotiation and ongoing performance of contracts.
It is a very important and fundamental
underpinning of the Quebec civil code, and one we feel
is very relevant to the 1969 Upper Churchill contract.
After many, many months of research and having received
firm legal opinions from some of the most eminent and
brilliant legal minds in Quebec, our Department of
Justice informed CF(L)Co of our legal opinion.