The City of Edmonton Residential Terms and Conditions (last updated June 7, 2022) are below or read the PDF version here.
1. Definitions and Interpretations
1.1 Interpretation
In the event of any conflict or inconsistency between these Terms and Conditions, and the Clean Energy Improvement Agreement or the Project Agreement signed by the Participant, such conflict or inconsistency shall be resolved by observing the following order of precedence:
- the Clean Energy Improvement Agreement;
- the Project Agreement; and
- these Terms and Conditions.
1.2 Definitions
In these CEIP Terms and Conditions, the following terms shall have the following meanings:
“Act” means the Municipal Government Act, R.S.A. 2000, c. M-26, as amended from time to time.
“Alberta Municipalities” means the designated program administrator for the Clean Energy Improvement Program.
“Business Day” means any day except Saturday, Sunday, or statutory holidays in the Province of Alberta.
“Bylaw” means the City of Edmonton Clean Energy Improvement Pilot Program Tax Bylaw 19144.
“Capital Cost” means the cost to purchase and install the Upgrade, but does not include Professional Service costs or Incidental Costs.
“CEIP” or “Program” means the Clean Energy Improvement Program administered by Alberta Municipalities.
“CEIP Terms and Conditions” or “Program Terms and Conditions” means these terms and conditions.
“Change Order” means a record of change, including any addition, modification or deletion to the Project or the Completion Date or the replacement of a supplier or proposed subcontractor which results in a material change to the Project or Project Cost.
“Clean Energy Improvement Agreement” means the agreement signed between the Participant and the Municipality which sets out the terms and conditions of the Program participation and Project financing.
“Clean Energy Improvement Tax” means the sum of all Eligible Costs approved by Alberta Municipalities and the Municipality for each Upgrade, the Program Administration Fee, and the interest, that is recorded on the Participant’s property tax roll for repayment.
“Commencement Date” means the date of issue of the Installation Authorization Notice.
“Completion Date” means the date when the Project has reached Substantial Performance.
“Contractor Directory” means a list of Qualified Contractors that is established and maintained on the CEIP website.
“Eligible Cost” means a cost eligible for financing under the Program as outlined in Section 8.1 and includes the Capital Costs, Incidental Costs, and Professional Service costs for the Project.
“Incidental Cost” means an amount expended on preparation or upgrading of the Property that is incidental to the Upgrade but required for successful execution.
“Installation Authorization Notice” means the notification provided by Alberta Municipalities to the Participant and the Qualified Contractor to authorize the start of Upgrade installations.
“Municipality” means the City of Edmonton.
“EnerGuide Home Evaluation” means an energy audit adhering to either pre- or post-Project version 15 EnerGuide Home Energy Evaluation specifications performed by a registered NRCan Energy Advisor.
“NRCan Energy Advisor” means a person who has met and maintained all of the required qualifications to deliver EnerGuide rating services for eligible homes in Canada.
“NRCan” means Natural Resources Canada.
“Participant” is any and all residential Property Owners who applied to the Program and meet the Program eligibility requirements.
“Pre-Qualification Form” means the form completed and submitted by the Property Owner to receive a Project Application Form.
“Primary Qualified Contractor” is the Qualified Contractor who is leading the installation of the Upgrade/s and is the Qualified Contractor responsible for the execution of the Project Agreement.
“Project Application Form” means the form completed and submitted by the Participant after receiving pre-qualification approval, which lists the proposed Upgrades and Project Cost.
“Professional Service” means a service provided by a professional with specialized education or training, including engineering studies, ASHRAE audits, EnerGuide Home Evaluation, feasibility studies, or related studies, but exempting installation of the Upgrade or Incidental Costs.
Program Administration Fee” means the fee for the administration of the Program paid by the Property Owner through the Clean Energy Improvement Tax, and is the lower of:
- 1.5% of the Eligible Cost of the Project; or
- 5% of the Capital Cost of the Project.
“Project” means the installation of Upgrades at the Participant’s Property by the Qualified Contractor(s) and any associated Services, as detailed in the Project Application Form.
“Project Agreement” means the agreement between Alberta Municipalities, a Qualified Contractor leading the installation of the Upgrade(s) and/or Incidental Work (the “Primary Qualified Contractor”) and the Property Owner, which defines the scope of the Project and sets out the terms relating to the Qualified Contractor’s installation of the Upgrades and/or Incidental Work.
“Project Application Form” means the form completed and submitted by the Participant after receiving pre-qualification approval, which lists the proposed Upgrades and Project Cost.
“Project Cost” means the sum of all costs for a Project, including both non-eligible and Eligible Costs.
“Property” means the residential land and premises where the Project is located.
“Property Owner” means the individual(s) or legal entity(ies) that is a registered owner of the Property where the Upgrades are to be installed.
“Qualified Contractor” has the definition as set out in the Clean Energy Improvements Regulation, Alta Reg 212/2018, and must be listed in the Contractor Directory on the CEIP website.
“Rebates” means any rebates or bonus rebates the Participant receives for the Project from a program within the Municipality’s Community Energy Transition Strategy, and could include rebates under the Home Energy Retrofit Accelerator program, the Change Homes for Climate Solar Program, or other similar programs.
“Regulation(s)” means the regulations made under the Act with respect to Clean Energy Improvements including the Clean Energy Improvements Regulation, Alta Reg 212/2018.
“Services” means all work for the purposes of the Program, including but not limited to Upgrade installations, Incidental Work, compliance processes, feasibility and engineering studies, energy audits, and EnerGuide Home Evaluations provided by a Qualified Contractor.
“Substantial Performance” means the date on which all required approvals of public authorities having jurisdiction over the Upgrade have been obtained and the Upgrade is ready for use or is being used for its intended purpose.
“Supporting Documentation” means any documentation required by Alberta Municipalities to be submitted for each Upgrade, as specified on the Eligible Residential CEIP Upgrades pages on the Program website.
“Upgrade” or “Clean Energy Improvement” means an energy efficiency or renewable energy product or installation that meets minimum eligibility requirements listed on the Program website and is included in the eligible upgrades list on the Eligible Residential CEIP Upgrades pages found on the Program website.
“Upgrade Completion Form” means the form completed and submitted by the Participant to Alberta Municipalities, once an Upgrade has reached Substantial Performance, which lists the Upgrades installed and confirms the Eligible Costs.
“Upgrade Eligibility Requirements” means eligibility requirements, including Supporting Documentation required for each Upgrade, as specified on the Program website.
“WCB” or “WCB-Alberta” means the Workers’ Compensation Board of Alberta.
2. Background
The Clean Energy Improvement Program (CEIP) is a financing program that makes energy efficiency and renewable energy Upgrades more accessible to residential property owners. CEIP is administered by Alberta Municipalities. CEIP allows property owners to access financing through their municipality to install eligible Upgrades on their property. Repayment is facilitated through an added charge to the Property Owner’s regular property tax bill.
An Act to Enable Clean Energy Improvements was passed on June 6, 2018. The Act authorizes certain amendments to the Municipal Government Act, RSA 2000, c M-26 that allow municipalities to pass a clean energy improvements tax bylaw and make a borrowing to finance Projects and recover costs through the municipal property tax system. The attendant Regulation came into force on January 1, 2019. Alberta Municipalities is the provincial administrator of the CEIP.
Edmonton City Council passed the Bylaw on August 19, 2021, enabling a two-year pilot Clean Energy Improvement Program in Edmonton.
This document outlines the Municipality’s terms and conditions for Property Owner participation in the CEIP residential stream.
3. Participant and Property Eligibility
3.1. Participant Eligibility
- The Participant must be a current legal owner of a property located in the Municipality, acting with the consent of all other Property Owners indicated in the Pre-Qualification Form and Project Application Form.
- The Participant, or one of the Property Owners on title at the Property, must have owned a residential property, or can show residential property ownership history and corresponding tax payment history, for at least five consecutive years prior to the Application.
- The Participant must be current on property tax payments. If the Participant has held tax arrears in the Municipality during the five consecutive year period prior to the date of the Pre-Qualification Form submission, or if they do not have five years of property tax history, they will be deemed ineligible for the Program. Where a Participant owned a residence outside the Municipality during that five consecutive year period, similar confirmation of positive tax payment history from the previous municipality will be required.
- The Participant must attest they are current on any outstanding property-secured debt associated with the property on the Pre-Qualification Form and may be required to submit a letter from their financial institution confirming this.
- If a mortgage is on the property, the Participant bears sole responsibility to obtain consent from their mortgage lender to participate in the Program if required by their mortgage lender. Failure to obtain consent from all mortgage lender(s) could result in the Participant breaching a mortgage obligation with the lender, and Alberta Municipalities and the Municipality are not responsible or liable to the mortgage lender, the Participant nor any other party, and the Participant will indemnify and hold harmless Alberta Municipalities and the Municipality in any such circumstances.
- The Participant must confirm that they received consent from their mortgage provider to participate in the Program when they submit a Project Application Form to Alberta Municipalities.
- The Participant is not required to show proof of that mortgage consent to the Municipality or Alberta Municipalities, unless specifically requested. Upon request, the Participant will provide proof within 30 days.
- The Participant is responsible for ensuring that the CEIP financing amount requested and received is less than or equal to the amount approved by their mortgage lender.
- If the Participant is currently enrolled in either the Government of Alberta Seniors Property Tax Deferral Program or Seniors Home Adaptation and Repair Program, the Participant is ineligible to participate in CEIP. If the Participant is not currently enrolled in either of these Government of Alberta programs, participation in CEIP may impact future eligibility to participate in them. For more information, contact the Alberta Supports Contact Centre at 1 (877) 644-9992.
- The Municipality shall not enter into a Clean Energy Improvement Agreement pursuant to the provisions in Section 12(1) of the Bylaw.
- The Municipality may choose to not enter into a Clean Energy Improvement Agreement pursuant to the provisions in Section 12(2) of the Bylaw.
- The Participant must meet any additional eligibility criteria as identified by the Municipality or Alberta Municipalities.
3.2. Property Eligibility
- The Property must be located within the boundaries of the Municipality.
- The Property must be insured. A minimum of $1,000,000 in personal liability insurance must be included in the insurance policy.
- Residential properties are eligible if they meet the following criteria:
- an existing property that has been occupied for at least 6 months;
- classified as a low-rise residential property, i.e., detached or semi-detached home; row housing or town house; or multi-unit residential building that has four or less units; and
- lawfully occupied as a residence at the time of Pre-Qualification Form submission.
- For each Property, reports and labels from both a pre- and post-project EnerGuide Home Evaluation must be provided by the Participant to the Program Administrator with their consent that certain details be shared publicly via Edmonton’s Home Energy Map.
- If a Property is in a building that includes common property or shared facilities, and the Project will impact or affect the common property or shared facilities, written approval of the owner of the building or governing body of the common property or shared facilities (e.g., condominium board) is required to be eligible.
3.3. Ineligible Properties
While not an exhaustive list, the following properties are ineligible for the residential Program:
- Non-residential buildings, farmland, or multi-unit residential buildings having four or more stories and over 600m2 of building area.
- Federal, provincial, or municipally owned properties.
- Designated industrial properties as defined in the Act.
- Designated manufactured homes as defined in the Act.
- Property assessed as Class – 4 (machinery and equipment) under the Act.
- Leisure properties or those properties that are not utilized for year-round residential occupancy.
3.4. Eligibility updates
Alberta Municipalities and the Municipality have the right to amend the list of eligible and/or ineligible properties, or these terms and conditions, at any time and notification of any amendments will be located on the CEIP website. Alberta Municipalities and the Municipality reserve the right to change, at any time, the upgrades that may be eligible under the Program without any notice or liability.
4. Program Fees
4.1 Program Administration Fee
- The Participant is required to pay a Program Administration Fee, which is inclusive of GST.
- The Program Administration Fee amount will be calculated by the Municipality and included in the Clean Energy Improvement Agreement.
- The Program Administration Fee will be included in the Clean Energy Improvement Tax recorded on the Property’s tax roll and repaid over the term.
5. Upgrade Eligibility Requirements
5.1 Eligible Upgrades
For Upgrades to be eligible for financing, they must meet the following criteria:
- A minimum of three Upgrades must be installed as part of a single CEIP Project.
- Each Upgrade must increase the energy efficiency or use of renewable energy on the Property.
- Each Upgrade must be installed by a Qualified Contractor.
- The total Capital Costs of the Project must be greater than or equal to $3,000.
- The Upgrade must be listed as an eligible Upgrade on the CEIP website at the time of submission of the Project Application Form.
- The Upgrade must meet all of the technical and other eligibility requirements described on the CEIP website at the time of submission of the Project Application Form.
- All Upgrades must be new, installed and operational. Upgrades that are used, refurbished, or rebuilt are not eligible.
- All Upgrades must meet the Canadian Certification Standards, as outlined by the Standards Council Canada, for product approval, or equivalent certification by an applicable certification body[1].
- Upgrades must have a manufacturer’s warranty period that is consistent with the industry standard[2]. The minimum manufacturer warranty period for Upgrades is the greater of one year or the required warranty period listed in the Eligible Residential CEIP Upgrades pages on the CEIP website.
- Upgrades must have a one-year minimum warranty provided by the Qualified Contractor for defects in materials and labour.
- Upgrades must have a warranty that is transferrable to subsequent owners of the Property.
- Participants will not remove any installed Upgrades before their expected lifetime unless the Upgrade fails. The Participant agrees not to move, remove, tamper with, disable or damage any Upgrade.
[1] For example, Underwriters Laboratories of Canada (ULC), Electrical Testing Labs (ETL), and Canada Standards Association (CSA).
[2] For example, an industry-standard warranty is 25 years for solar panels. The Qualified Contractor will provide the Participant with warranty information specific to the upgrade.
5.2. Ineligible Upgrades
The following list includes the types of upgrades, services and products that are deemed ineligible for financing:
- Health and safety improvements not directly related to or otherwise incorporated into the Project.
- Any upgrades that are in the process of being installed or have already been installed prior to approval of the Pre-Qualification Form, Project Application Form and signing of the Clean Energy Improvement Agreement and Project Agreement (i.e., financing cannot be applied retroactively).
- Any upgrades not permanently affixed to the property (e.g., plug-in appliances).
- Any upgrade associated with new additions[3] at an existing residence that serves only that addition. If the upgrade associated with the new addition also services and increases the energy efficiency or use of renewable energy in the existing residence, it may be eligible. Upgrades associated with new additions will be evaluated on a case-by-case basis.
- Any upgrade associated with a fully detached garage on the property.
- Any upgrade that is leased or financed through the Qualified Contractor or manufacturer.
- Any upgrade not listed on the CEIP website.
- Alberta Municipalities and the Municipality have the right at any time to amend the list of upgrades, services, or products that they deem to be ineligible for funding under the Program.
[3] A new addition is an extension or increase in floor area or height of a building or structure.
6. Application Requirements and Conditions
6.1. Pre-Qualification Application
- The Participant must complete and submit the Pre-Qualification Form and the following documents to Alberta Municipalities to be considered for Pre-Qualification:
- Proof the property to be upgraded is insured (i.e., home insurance with personal liability coverage of at least $1 million). Accepted proof includes documentation that clearly states the policy provider, policy number, property address, personal liability coverage, and duration of the policy (e.g., insurance binder letter).
- Contact information for all Property Owners on title must be provided, and all Property Owners must review and agree to these CEIP Terms and Conditions.
- Pre-Qualification Forms are reviewed by Alberta Municipalities and the Municipality in the order they are received.
- The Municipality retains unfettered discretion to decline pre-qualification of a Property or Property Owner for any reason.
- Receiving approval of a Pre-Qualification Form does not guarantee that the Property Owner will receive a Clean Energy Improvement Agreement to finance their Project through the Program.
- Upon pre-qualification approval, Alberta Municipalities will provide a copy of the Project Application Form to be completed and submitted by the Participant. Financing is only confirmed once a submitted Project Application Form and Supporting Documentation are approved, a Clean Energy Improvement Agreement and Project Agreement are signed by all required parties, and financing will not be paid unless the terms of those agreements are met in full.
- Pre-qualification will be valid for three months after pre-qualification approval has been granted by Alberta Municipalities. If a Project Application Form is not submitted within three months of pre-qualification approval, the pre-qualification approval is cancelled, and a new Pre-Qualification Form must be submitted.
- A maximum of eighty (80) Pre-Qualification Forms will be processed at any one time. All Pre-Qualification Forms received in excess of eighty (80) will be waitlisted in the order they were received and processed as Program capacity allows.
6.2. Project Application
- Prior to submitting a Project Application Form, the Participant must:
- Have a valid pre-qualification approval from Alberta Municipalities for the same Property listed on the Application Form.
- Have an EnerGuide Home Evaluation completed by a registered NRCan Energy Advisor.
- The NRCan Energy Advisor must be registered with a service organization listed on the Contractor Directory on the CEIP website.
- The Participant must pay for the EnerGuide Home Evaluation out of pocket as financing for this service is not eligible under CEIP.
- A pre-Project EnerGuide Home Evaluation completed prior to the launch of the Program will be accepted and a new evaluation is not required, provided the NRCan Energy Advisor who completed the audit, or their affiliated service organization, is a CEIP Qualified Contractor.
- The Homeowner Information Sheet and Renovation Upgrade Report provided to the Participant after the pre-project Home Energy Evaluation is complete must be submitted to Alberta Municipalities with the Project Application Form
- Receive a quote for the equipment and installation cost of the Upgrades from one or more Qualified Contractors listed on the CEIP website.
- The Participant must submit Upgrade specification documentation from the Qualified Contractor and any other Supporting Documentation listed on the CEIP website Residential Upgrades page.
- If the Participant resided outside of the Municipality in the last five years, the Participant must provide proof of payment of residential property taxes in their previous municipality as outlined in Section 3.1 b and c.
- Receive written approval from the condominium board or owner(s) of the building if the Property is a unit in a condominium plan under the Condominium Property Act or is in a building of less than five units that includes common property or shared facilities, and the Project will impact common property or shared facilities in the building.
- Receive a Part I application pre- approval email from the City of Edmonton’s Change Homes for Climate Solar Program (CHCSP), if the Project includes a solar photovoltaic (PV) Upgrade.
- The Part I CHCSP application pre-approval email must be submitted with the Project Application Form.
- The Participant must complete and submit the Project Application Form and required Supporting Documentation to Alberta Municipalities.
- All Property Owners on title must sign the Project Application Form.
6.3. Program Agreements
- Once a Project Application Form is approved, Alberta Municipalities will provide the Participant with the Clean Energy Improvement Agreement and Project Agreement for their Project.
- Alberta Municipalities will schedule a time with the Property Owner to review the Clean Energy Improvement Agreement and ensure the Property Owner understands the terms and conditions of the Agreement.
- All Property Owners on title and the Municipality must sign the Clean Energy Improvement Agreement for the agreement to be considered executed.
- All Property Owners on title, Alberta Municipalities, and the Primary Qualified Contractor, must sign the Project Agreement for the agreement to be considered executed. If multiple Primary Qualified Contractors are completing different Upgrades, a separate Project Agreement must be signed with each Primary Qualified Contractor.
- Alberta Municipalities will facilitate the execution of the agreements.
- Once the Clean Energy Improvement Agreement and Project Agreement are executed, Alberta Municipalities will:
- Provide electronic copies of executed agreements to the signatories.
- Provide an Installation Authorization Notice to the Participant and the Primary Qualified Contractor(s) indicating the Project may commence. Alberta Municipalities will include a copy of the Upgrade Completion Form that the Participant must complete and submit once Upgrades reach Substantial Performance.
6.4. Deposit Payments
- The Municipality does not provide financing funds until an Upgrade is installed and has reached Substantial Performance.
- If a deposit is requested by the Qualified Contractor:
- The Participant is responsible for paying the deposit amount and may request to finance the deposit amount in the Project Application Form.
- The Participant must submit the invoice for the deposit payment from the Qualified Contractor with the Project Application Form.
- The Participant should not pay the deposit to the Qualified Contractor until the Clean Energy Improvement Agreement and Project Agreement are executed.
- If listed as an Eligible Cost in the Clean Energy Improvement Agreement, the Participant will be reimbursed for the deposit amount after the Upgrade is installed and provided the payment is in accordance with Section 8.2 [Payment].
6.5. Upgrade Installation
- Upgrade installation may only commence after:
- the Clean Energy Improvement Agreement and Project Agreement have been executed; and
- the Installation Authorization Notice has been provided to the Participant and Primary Qualified Contractor by Alberta Municipalities (the Commencement Date).
- All Upgrades must be installed within six (6) months of the Commencement Date.
- Requests for extensions will only be considered under extenuating circumstances.
- The extension request must be submitted to Alberta Municipalities in writing and requests will be approved or denied only at the discretion of Alberta Municipalities or the Municipality.
6.6. Upgrade Completion
- Once an Upgrade has been installed, the Participant must submit an Upgrade Completion Form to Alberta Municipalities within 5 business days of the Upgrade reaching Substantial Performance.
- A separate Upgrade Completion Form must be submitted for each Upgrade if the Upgrades reach Substantial Performance at different times.
- The Participant must submit all required Supporting Documentation with the Upgrade Completion Form, including but not limited to:
- Itemized invoice from the Qualified Contractor detailing all costs associated with the Upgrade installation.
- Product specification sheet(s) that show the Upgrade meets all specific Upgrade Eligibility Requirements.
- Additional Eligible costs:
- If at least one Upgrade with a Capital Cost of $3,000 or greater has been installed and reached Substantial Performance, the Participant may include an Incidental Cost, Professional Service Cost, or deposit payment request associated with the Upgrade installed on the Upgrade Completion Form.
- Proof of payment for any Incidental Cost, Professional Service Cost, or deposit payment request associated with the Upgrade installed must be included if the Participant is requesting reimbursement. Proof of payment are copies of receipts that clearly show payment has been made.
- Itemized invoices from a Qualified Contractor must be submitted for each Professional Service Cost and Incidental Cost if the cost is being submitted for financing under the Program.
6.7. Project Amendments
- Project amendments are required if there are additions, removals, variations, substitutions, delays in Project completion, or price changes to the Project after the Clean Energy Improvement Agreement and Project Agreement are executed.
- A change request must be submitted by the Participant to Alberta Municipalities. Upon request, Alberta Municipalities will provide the Participant with a Change Order form to complete with the support of the Qualified Contractor.
- If the amendment is expected to cause a delay in the Project, extending the Completion Date past the deadlines outlined in Section 6.5.b. [Installation], an extension request must be included on the Change Order. The request for extension will be approved at the discretion of both Alberta Municipalities and the Municipality.
- The Clean Energy Improvement Agreement will be amended upon Project completion to reflect the final Project Cost, whether lower or higher than the estimated Project Cost. The financing amount included in the amended Clean Energy Improvement Agreement will not exceed the maximums set out in Section 8.3 [Maximum Financing Amount] of these CEIP Terms and Conditions. The process for agreement amendments is detailed in the Clean Energy Improvement Agreement.
- Full details applicable to Project amendments will be outlined in the Project Agreement.
6.8. Site Inspection
- Alberta Municipalities, the Municipality or their agents or service providers may:
- Conduct a site inspection prior to or during the installation of Upgrades in order to verify information submitted on the Project Application Form; and
- Conduct a site inspection after the Completion Date in order to verify installation of Upgrades. A site inspection after the Completion Date may occur within five years after submission of the final Upgrade Completion Form.
- If Alberta Municipalities or the Municipality chooses to conduct a site inspection, the Participant will provide reasonable access to the property for the purposes of a site inspection.
- If the site inspection reveals any discrepancies between the Upgrade(s) listed on the Upgrade Completion Form and the Upgrade(s) that were installed, Alberta Municipalities will endeavour to work with the Participant and Qualified Contractor to attempt to resolve the issue and facilitate a Project amendment, if required. If, due to the discrepancies, Program eligibility criteria are no longer met, Alberta Municipalities reserves the right to seek reimbursement on behalf of the Municipality of any payments made to the Qualified Contractor or the Participant.
7. Incentives
7.1 Municipality Rebate Programs
- Financial Rebates may be received by the Participant for any Upgrades that are part of a Project.
- Participants whose Upgrades are eligible for the Municipality’s Rebate programs will be required to participate in these program(s). For example, Edmonton’s Change Homes for Climate Solar Program and Edmonton’s Home Energy Retrofit Accelerator Program.
- All Municipality Rebates that a Participant is eligible to receive for their Upgrades will be used, at the sole discretion of the Municipality:
- to reduce the calculated Clean Energy Improvement Tax before it is applied to the tax roll; or
- to pay a portion of a Clean Energy Improvement Tax that has been added to the tax roll, reducing the annual amount owed.
- Details of Rebates will be included in the final, amended Clean Energy Improvement Agreement.
7.2 Other Incentive Programs
- Financial rebates, grants or incentives may be received by the Participant for any Upgrades that are part of a Project. Programs that are not offered by the Municipality, such as Canada’s Greener Homes Grant Program, will not impact the calculation of the final Clean Energy Improvement Tax.
8. Project Financing
8.1. Eligible Costs
The following are the types of costs that can be financed through the Program. The definitions of each type of cost can be found in Section 1 [Definitions]:
- Capital Costs
- Supporting Documentation must be provided for all Capital Costs associated with Upgrades.
- Supporting Documentation may vary with each type of Upgrade, the Participant must review the requirements provided by Alberta Municipalities.
- Professional Services
- Only Professional Services specifically required for the completion of a CEIP Project and completed by a Qualified Contractor are eligible for financing.
- The Participant must submit the report generated by the Professional Service provider and an invoice for the Professional Services completed.
- Professional Service costs must be listed in the Project Application Form, with the sole exception of EnerGuide Home Evaluations.
- Professional Service costs for approved Projects will only be eligible for financing if incurred on or after the date of submission of a Pre-Qualification Form.
- Professional Services related to EnerGuide Home Evaluations can occur at any time prior to the Project Application being submitted but they are not eligible to be financed through the Program.
- If the Participant has paid for the full cost of Professional Services and is requesting the cost be financed, the Participant must submit proof of payment (e.g., receipts).
- Incidental Costs
- All Incidental Costs related work must be completed by a Qualified Contractor.
- The Participant must be able to demonstrate to the satisfaction of Alberta Municipalities that the Incidental Cost is required for the successful completion of the Project.
- The total financed amount of the Incidental Costs must not exceed 15% of the total Capital Cost of undertaking the Clean Energy Improvement.
- To be eligible for financing, all Incidental Costs must be listed in the Project Application Form. An Installation Authorization Notice must be received before any work is started or any costs are incurred.
- If the Participant has paid for the full Incidental Cost work and is requesting the cost be financed, the Participant must submit proof of payment (e.g., receipts).
8.2. Payment
- The following provisions inform payment to a Qualified Contractors for completed Upgrade(s), and for work directly related to Incidental Costs, and Professional Services costs:
- Subject to the Participant’s and Qualified Contractor’s compliance with the Clean Energy Improvement Agreement, the Project Agreement and with these CEIP Terms and Conditions, and pursuant to the terms of the Clean Energy Improvement Agreement, and the Project Agreement, Alberta Municipalities will issue payment directly to the Qualified Contractor for completed Upgrades, Professional Service costs, or Incidental Costs within 28 days of Alberta Municipalities approving a complete and accurate Upgrade Completion Form and required Supporting Documentation.
- The Participant must pay the Qualified Contractor(s) directly for any costs that were not approved by Alberta Municipalities, any costs incurred for the Project in excess of the total approved financing amount, and any costs associated with an Upgrade that does not reach Substantial Performance or is deemed ineligible when the Upgrade Completion Form and Supporting Documentation are submitted.
- Participant reimbursement for Eligible Costs
- If part of the Eligible Cost includes an amount paid by the Participant, and the Participant has requested to finance that amount, the reimbursement payment will be issued to the Participant after Alberta Municipalities has approved a complete and accurate Upgrade Completion Form and required Supporting Documentation.
- Any parties receiving payments from Alberta Municipalities must submit a completed electronic funds transfer form and void cheque, clearly identifying their name and the branch, transit, and account numbers in order for Alberta Municipalities to direct payments to the party electronically. No payments will be made to the party until the information required by this section has been provided to Alberta Municipalities.
8.3. Maximum Financing Amount
- The total financing amount available to a single Property is limited by the lesser of:
- A maximum of $50,000 of per Property; and
- The annual Clean Energy Improvement Tax (excluding interest and the Program Administration Fee) cannot exceed the Property’s annual municipal property tax amount. The property tax amount used for this calculation is the municipal property tax amount in the year in which the Pre-Qualification Form was submitted.[4]
[4] For example, if you submit a Pre-Qualification Form in 2021 and your annual municipal property tax in 2021 is $3,000, the annual payment for the Clean Energy Improvement Tax cannot be more than $3,000.
8.4. Project Financing
- A minimum of three Upgrades must be installed on the Property for a CEIP Project to be eligible for financing. Failure to complete a minimum of three Upgrades may lead to termination of the Clean Energy Improvement Agreement, and a requirement for the Participant to pay any financing amounts back immediately.
- In order for a residential CEIP Project to be eligible for financing, pre- and post-Project EnerGuide Home Evaluations are required.
- A post-Project EnerGuide Home Evaluation must be completed after all Upgrades have been installed and the Project is deemed complete by Alberta Municipalities and the Municipality.
- The post-Project EnerGuide Home Evaluation must be completed, and the post-Project EnerGuide label submitted to Alberta Municipalities, within six (6) weeks of the final Upgrade Completion Form being submitted to Alberta Municipalities. If the Project is eligible for Municipality Rebates, these Rebates may not be applied until the post-Project EnerGuide label has been submitted to Alberta Municipalities.
- Projects that fail to complete a post-Project EnerGuide Home Evaluation will be not eligible for financing and the Municipality reserves the right to seek reimbursement of any payments made to the Qualified Contractor or the Participant.
- The financing terms and conditions for a CEIP Project are listed in the Clean Energy Improvement Agreement provided by the Municipality.
- Participants must agree to the Municipality’s financing terms and conditions and sign a Clean Energy Improvement Agreement with the Municipality in order to finance their Project through the Program.
- The maximum interest rate provided by the Municipality for Projects financed through CEIP is 3.5% and will be specified in the Clean Energy Improvement Agreement. Interest is calculated annually.
- Financing availability under the Program is based on a first-come, first-served basis, and financing for a Project will only be confirmed once a Clean Energy Improvement Agreement has been signed by each Property Owner on title and the Municipality.
- If any Eligible Cost is incurred prior to signing a Clean Energy Improvement Agreement, it is not guaranteed that financing will be available to the Participant for those costs.
- The maximum term for financing is the lesser of 20 years or the effective useful life (EUL)[5] of the Upgrade. Financing terms for multiple Upgrades will be calculated for each Upgrade separately and added to the property tax bill as one line item per Upgrade. The EUL for all eligible Upgrades is posted on the Program website.
- Only Eligible Costs, the Program Administration Fee, and any related interest charges as listed in the Clean Energy Improvement Agreement, are eligible for financing through the Program.
- The following costs cannot be financed under the Program, and the Participant is solely liable for paying these costs:
- any costs associated with the pre- or post-Project EnerGuide Home Evaluation.
- any Incidental Costs exceeding 15% of the Capital Costs of an associated Upgrade;
- any costs not approved by Alberta Municipalities; and
- any costs associated with an Upgrade where the Upgrade does not reach Substantial Performance or is deemed ineligible upon submission of the Upgrade Completion Form and Supporting Documentation.
- If the final Eligible Costs for a Project are less than the amount listed in the Clean Energy Improvement Agreement, the Participant will only be entitled to the true Eligible Costs for the Project and will forfeit the rest of the financing indicated in the Clean Energy Improvement Agreement.
- If the final Eligible Costs for a Project are more than the amount listed in the Clean Energy Improvement Agreement, and no Project amendment was approved by Alberta Municipalities, the Participant will only be entitled to the financing amount that is indicated in the Clean Energy Improvement Agreement.
[5] The effective useful life (EUL) of an Upgrade is the average time in years where the Upgrade is expected to result in energy savings. The EUL is standardized for each type of Upgrade and does not equate to the actual length of time the Upgrade will be functioning.
9. Clean Energy Improvement Tax
- The terms of the placement of the Clean Energy Improvement Tax on the Property’s tax roll and the complete terms of repayment are outlined in the Clean Energy Improvement Agreement between the Participant and the Municipality.
- Repayment of the Clean Energy Improvement Tax may occur in the following manner:
- through annual property tax payments as a “Clean Energy Improvement Tax” for the length of the repayment period; or
- as a one-time lump sum payment of the balance of the Clean Energy Improvement Tax at any time during the repayment period.
- The Municipality may exercise any right available to it by contract, law, or equity, including all rights available under the Act against the Participant should the Participant fail to pay the Clean Energy Improvement Tax, including tax penalties as outlined under Bylaw 19394 Tax Penalty, Interest and Monthly Payment Bylaw.
- Failure to pay the Clean Energy Improvement Tax when due and payable may result in:
- late payment penalties;
- the tax sale of the Property if payment is not made pursuant to the provisions set out in the Act; or
- any other remedies provided for in the Act.
10. Evaluation, Measurement, and Verification
- The Participant agrees to participate in any survey, studies, audits, evaluations or verifications conducted by Alberta Municipalities or its agents or service providers in connection with the Program for the purposes of proper administration, monitoring and verification of the Project, or evaluation of the Program.
11. Sale or Subdivision of Property
- The Participant shall have the right to sell, transfer, charge, mortgage, encumber or otherwise deal with the Property, provided that:
- the Participant pays all Clean Energy Improvement Tax amounts due and owing up to the date of a proposed sale prior to completing a sale of the Property;
- the Participant discloses the existence and provides a copy of their Clean Energy Improvement Agreement with the Municipality to any purchaser or prospective purchaser of the Property prior to completing a sale of the Property;
- the Participant discloses the existence and provides a copy of the Clean Energy Improvement Agreement to any realtor engaged in the sale of the Property; and the Clean Energy Improvement Agreement is appended to the contract of sale.
- In the event the Property is transferred to a new owner by the Participant, the obligation to repay the Clean Energy Improvement Tax is transferred to the new owner along with the Property, at which time the new owner will become liable for the Participant’s obligations and liabilities under the Program and the Clean Energy Improvement Agreement.
- In the event the Property is subdivided or consolidated with another, the Clean Energy Improvement Tax will be allocated on a pro rata basis as determined by the Municipality in its sole discretion.
12. Remedies and Warranties
- Alberta Municipalities and the Municipality do not endorse, guarantee, or warrant any particular Qualified Contractor or other market provider, manufacturer, product, labour, or system design by offering this Program. Alberta Municipalities and the Municipality provide no warranties, expressed or implied, for any products or services.
- There is no implied nor express representation or warranty by the Municipality, Alberta Municipalities, or their respective affiliates, agents, subcontractors, successors and assigns related to the design, installation, functionality or performance of the Upgrade(s), and the Municipality, Alberta Municipalities and their respective affiliates, agents, subcontractors, successors and assigns expressly disclaim any and all warranties relating to the Upgrade(s), associated equipment or materials as to workmanship, quality, fitness for purpose or performance.
- The Participant acknowledges and accepts the energy savings reported in the Program are based on estimates and actual results may differ.
- The Participant’s reliance on any warranties is limited to those warranties that may arise from, or be provided by Qualified Contractors, manufacturers, or other market providers, etc.
13 Limitation of Liability
- The Participant acknowledges that any Qualified Contractor or other market provider selected by the Participant is not an agent, contractor or subcontractor of Alberta Municipalities or the Municipality.
- The Participant agrees that they have independently assessed the risks of Program participation and decided to proceed.
- Alberta Municipalities or the Municipality shall have no obligation to maintain, remove or perform any work whatsoever on the Upgrades installed.
- The Participant is wholly responsible for ensuring that any Qualified Contractor or other party entering its Property for the purposes of the Program, including but not limited to, providing an estimate or quote for an Upgrade, has commercial general liability insurance and is registered and in good standing with WCB-Alberta.
- The Participant indemnifies and saves harmless the Municipality, Alberta Municipalities and their respective officers, employees and agents from and against any losses, costs (including legal costs on a solicitor and his own client basis), damages, liens, charges, claims, demands, suits, proceedings, recoveries and judgments arising from or related to the Qualified Contractor’s performance or non-performance of the Qualified Contractor’s obligations under the Program.
14. Data Collection and Use
- The Participant consents to Alberta Municipalities releasing any information contained in Program applications, or related to it, and obtained by Alberta Municipalities in the course of verifying or auditing the applications, to the Municipality and its employees, agents, and other contractors including service providers, and partner organizations for the purposes of verifying a CEIP application, determining the Participant’s eligibility for the Program, or both, as subject to the Freedom of Information and Protection of Privacy Act (FOIP Act). The Municipality may use all detailed information related to the eligible Upgrade(s) and EnerGuide Home Evaluation(s) completed in the Property for program evaluation, performance monitoring, and future program planning or potential studies. Information collected is managed and protected under the provisions of the FOIP Act.
- The Participant expressly authorizes Alberta Municipalities to obtain information from the Municipality to verify the contents of Program applications and to determine the Participant’s eligibility for the Program including current annual property tax payments, property tax payment history, and the assessed value for the Property.
- The Participants consents to the collection, use, disclosure and other handling of any information provided by the Participant including but not limited to property address, phone number, and account number with the Municipality for the purposes relating to the operation and administration of the Program.
- The Participant hereby authorizes the Municipality to disclose publicly information regarding the eligible Property, eligible Upgrade(s) and EnerGuide Home Evaluation(s) (as the case may be) on the Municipality’s Home Energy Map provided such disclosure shall be limited to the building type, address, photos, list of eligible Upgrade(s) and EnerGuide label. The EnerGuide label and certain data associated with the property will be displayed on the Municipality’s online Home Energy Map.
- Participant or Property information, exclusive of information identifying the Participant, may also be shared with other organizations for the purposes of program evaluation, performance monitoring, and future program planning or potential studies.
- The Participant agrees that Property and Participant information may be shared between the Municipality and Alberta Municipalities and its employees, agents, and other contractors, including service providers, and partner organizations in order to:
- conduct, analyze and report on the results of the Program and to conduct surveys;
- assess eligibility for the Municipality’s Rebate programs;
- schedule and complete site inspections at the Property; and
- complete program administration, evaluation, verification, and for collecting market research data related to the Program.
- The Participant provides express consent allowing Alberta Municipalities, the Municipality, their agents or service providers to contact the Participant directly by email and other electronic communications for the purposes of Program administration, evaluation, verification, and for collecting market research data related to the Program.
- The Participant consents to Alberta Municipalities obtaining pre- and post-Project EnerGuide Home Evaluation data as it relates to the participation in CEIP from Natural Resources Canada (NRCan) and sharing this data with the Municipality. This data will be used for program evaluation, performance monitoring, and future program planning or potential studies. Information collected is managed and protected by Alberta Municipalities under the authority of Section 33 (c) of the Freedom of Information and Protection of Privacy Act (the “FOIP Act”) and/or in accordance with any applicable agreements in place. If the pre-project EnerGuide Home Evaluation was completed prior to the Participant submitting their CEIP Pre-Qualification form, the Participant consents to have the data shared by NRCan with Alberta Municipalities retroactively. The Federation of Canadian Municipalities (FCM), as the Municipality’s capital provider, will also collect EnerGuide Home Evaluation program monitoring and evaluation of its Community Efficiency Financing (CEF) program. Questions about the collection of this data should be directed to a City of Edmonton Senior Environmental Program Manager, located on the 9th Floor, Edmonton Tower (10111 – 104 Ave, Edmonton, AB, T5J 0J4). Phone: (780) 918-4422. Email: changeforclimate@edmonton.ca.
15. Freedom of Information and Protection of Privacy (FOIP) Act and Reporting Requirments
15.1 Collection of and Consent to Use Personal Information
- The Participant acknowledges that the Freedom of Information and Protection of Privacy Act, R.S.A 2000, c. F-25 (“FOIP”) may apply to all information and records provided by the Participant to either the Municipality orf the Program Administrator under this Clean Energy Improvement Program and to any information and records which are in the custody or under the control of either the Municipality or the Program Administrator.
- The Participant expressly authorizes and consents to allowing the Municipality to disclose information held by the Municipality to the Program Administrator, and agrees that any information (including personal Participant information) provided to either the Municipality and Program Administrator may be shared between the parties. The information collected, used, or disclosed by the Municipality, or the Program Administrator on behalf of the Municipality, under this Program is collected, used, or disclosed under the authority of section 33(c) of FOIP, and will be used for the purposes of operating, administering, assessing or reporting on the Program. This includes, but is not limited to the purposes set out below:
- to verify or audit a Pre-Qualification Form, Project Application Form, Upgrade Completion Form, and/or Supporting Documentation, or determine the Participant’s eligibility for the Program;
- to assess the Participant’s eligibility for Municipality Rebate programs;
- to verify the contents of Program applications, including pre-qualification, application, and upgrade completion stages and to determine the Participant’s eligibility for this Program including current annual property tax payments, property tax payment history, and the assessed value for the Property;
- general program evaluation, performance monitoring, and future program planning, including work done by consultants, partners, agents, or subcontractors of the Municipality, both during or after the Program is complete;
- to publicly disclose useful information regarding the Property, Clean Energy Improvements, and Program results limited to building type, address, photos, list of Clean Energy Improvement(s) and EnerGuide Home Evaluation results. The EnerGuide Home Evaluation results and certain data associated with the Property will be displayed on the Municipality’s online Home Energy Map;
- monitoring compliance of Rebate stacking by sharing with other organizations who offer energy efficiency rebate programs;
- scheduling and completing site inspections at the Property through agents or service providers of the Municipality or the Program Administrator;
- to contact the Participant directly by phone, email and other electronic communications for the purposes of Program administration, evaluation, verification, and for collecting market research data related to the Program through surveys and other means.
- Any use and disclosure of the information shall be done in accordance with the Freedom of Information and Protection of Privacy Act, R.S.A 2000, c. F-25
- If you have any questions or concerns about the collection or use of your personal information, please contact a City of Edmonton Senior Environmental Program Manager, located on the 9th Floor, Edmonton Tower (10111 – 104 Ave, Edmonton, AB, T5J 0J4). Phone: (780) 918-4422. Email: changeforclimate@edmonton.ca.