Exhibit 99.1
INTERIM CONDENSED CONSOLIDATED STATEMENTS OF FINANCIAL POSITION
(in thousands of Canadian dollars)
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| As at |
| As at | ||||
June 30, 2021 | March 31, 2021 | |||||||
| Notes |
| (Unaudited) |
| (Audited) | |||
ASSETS |
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Current assets |
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Cash and cash equivalents |
| $ | | $ | | |||
Restricted cash |
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Trade and other receivables, net |
| 4(a) |
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Gas in storage |
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Fair value of derivative financial assets |
| 6 |
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Income taxes recoverable |
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Other current assets |
| 5(a) |
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Non-current assets |
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Investments |
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Property and equipment, net |
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Intangible assets, net |
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Goodwill |
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Fair value of derivative financial assets |
| 6 |
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Deferred income tax assets |
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Other non-current assets |
| 5(b) |
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TOTAL ASSETS |
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| $ | | $ | | ||
LIABILITIES |
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Current liabilities |
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Trade and other payables |
| 7 | $ | | $ | | ||
Deferred revenue |
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Income taxes payable |
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Fair value of derivative financial liabilities |
| 6 |
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Provisions |
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Current portion of long-term debt |
| 8 |
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Non-current liabilities |
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Long-term debt |
| 8 |
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Fair value of derivative financial liabilities |
| 6 |
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Deferred income tax liabilities |
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Other non-current liabilities |
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TOTAL LIABILITIES |
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| $ | | $ | | ||
SHAREHOLDERS’ DEFICIT |
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Shareholders’ capital |
| 11 | $ | | $ | | ||
Contributed deficit |
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| ( |
| ( | ||
Accumulated deficit |
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| ( |
| ( | ||
Accumulated other comprehensive income |
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Non-controlling interest |
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| ( |
| ( | ||
TOTAL SHAREHOLDERS’ DEFICIT |
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| ( |
| ( | ||
TOTAL LIABILITIES AND SHAREHOLDERS' DEFICIT |
|
| $ | | $ | |
Basis of presentation (Note 3)
Commitments and guarantees (Note 15)
See accompanying notes to the Interim Condensed Consolidated Financial Statements
INTERIM CONDENSED CONSOLIDATED STATEMENTS OF INCOME
FOR THE THREE MONTHS ENDED JUNE 30
(unaudited in thousands of Canadian dollars, except where indicated and per share amounts)
| Notes |
| 2021 |
| 2020 | |||
CONTINUING OPERATIONS |
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Sales |
| 9 | $ | | $ | | ||
Cost of goods sold |
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GROSS MARGIN |
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INCOMES (EXPENSES) |
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Administrative |
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| ( |
| ( | ||
Selling and marketing |
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| ( |
| ( | ||
Other operating expenses |
| 12(a) |
| ( |
| ( | ||
Finance costs |
| 8 |
| ( |
| ( | ||
Reorganization costs |
| 13 |
| ( |
| – | ||
Unrealized gain of derivative instruments and other |
| 6 |
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Realized gain (loss) of derivative instruments |
|
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| ( | |||
Other expenses, net |
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| ( |
| ( | ||
Profit from continuing operations before income taxes |
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Provision (recovery) for income taxes |
| 10 |
| ( |
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PROFIT FROM CONTINUING OPERATIONS |
|
| $ | | $ | | ||
DISCONTINUED OPERATIONS |
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Loss after tax from discontinued operations |
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| – |
| ( | |||
PROFIT FOR THE PERIOD |
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| $ | | $ | | ||
Attributable to: |
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Shareholders of Just Energy |
|
| $ | | $ | | ||
Non-controlling interest |
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| ( |
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PROFIT FOR THE PERIOD |
|
| $ | | $ | | ||
Earnings per share from continuing operations |
| 14 |
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Basic |
|
| $ | | $ | | ||
Diluted |
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| $ | | $ | | ||
Loss per share from discontinued operations |
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Basic |
|
| $ | – | $ | ( | ||
Diluted |
|
| $ | – | $ | ( | ||
Earnings per share available to shareholders |
| 14 |
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Basic |
|
| $ | | $ | | ||
Diluted |
|
| $ | | $ | |
See accompanying notes to the Interim Condensed Consolidated Financial Statements
INTERIM CONDENSED CONSOLIDATED STATEMENTS OF COMPREHENSIVE INCOME
FOR THE THREE MONTHS ENDED JUNE 30
(unaudited in thousands of Canadian dollars)
| Notes |
| 2021 |
| 2020 | |||
PROFIT FOR THE PERIOD |
|
| $ | | $ | | ||
Other comprehensive profit (loss) to be reclassified to profit or loss in subsequent periods: | ||||||||
Unrealized gain on translation of foreign operations |
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Unrealized gain on translation of foreign operations from discontinued operations |
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| – |
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Gain on translation of foreign operations disposed and reclassified to Consolidated Statements of Income |
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| – |
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TOTAL COMPREHENSIVE INCOME FOR THE PERIOD, NET OF TAX |
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| $ | | $ | | ||
Total comprehensive income attributable to: |
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Shareholders of Just Energy |
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| $ | | $ | | ||
Non-controlling interest |
|
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| ( |
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TOTAL COMPREHENSIVE INCOME FOR THE PERIOD, NET OF TAX |
|
| $ | | $ | |
See accompanying notes to the Interim Condensed Consolidated Financial Statements
2021 FIRST QUARTER REPORT TO SHAREHOLDERS | JUST ENERGY | F-3. |
INTERIM CONDENSED CONSOLIDATED STATEMENTS OF CHANGES
IN SHAREHOLDERS’ DEFICIT FOR THE THREE MONTHS ENDED JUNE 30
(unaudited in thousands of Canadian dollars)
| Notes |
| 2021 |
| 2020 | |||
ATTRIBUTABLE TO THE SHAREHOLDERS |
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Accumulated earnings | ||||||||
Accumulated earnings, beginning of period |
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| $ | ( | $ | | ||
Profit for the period as reported, attributable to shareholders |
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Accumulated earnings, end of period |
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| $ | | $ | | ||
DIVIDENDS AND DISTRIBUTIONS |
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Dividends and distributions, beginning of period |
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| ( |
| ( | ||
Dividends and distributions declared and paid |
| 11(b) |
| - |
| ( | ||
Dividends and distributions, end of period |
|
| $ | ( | $ | ( | ||
ACCUMULATED DEFICIT |
|
| $ | ( | $ | ( | ||
ACCUMULATED OTHER COMPREHENSIVE INCOME |
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Accumulated other comprehensive income, beginning of period |
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| $ | | $ | | ||
Other comprehensive income |
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Accumulated other comprehensive income, end of period |
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| $ | | $ | | ||
SHAREHOLDERS’ CAPITAL |
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Common shares |
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Common shares, beginning of period |
| 11 | $ | | $ | | ||
Share-based units exercised |
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| – |
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Common shares, end of period |
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| $ | | $ | | ||
Preferred shares |
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Preferred shares, beginning of period |
| 11 | $ | – | $ | | ||
Preferred shares, end of period |
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| $ | – | $ | | ||
SHAREHOLDERS’ CAPITAL |
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| $ | | $ | | ||
EQUITY COMPONENT OF CONVERTIBLE DEBENTURES |
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Balance, beginning of period |
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| $ | – | $ | | ||
Balance, end of period |
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| $ | – | $ | | ||
CONTRIBUTED DEFICIT |
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Balance, beginning of period |
|
| $ | ( | $ | ( | ||
Add: Share-based compensation expense |
| 12(a) |
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Less: Share-based units exercised | – | ( | ||||||
Non-cash deferred share grants |
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| – |
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Balance, end of period |
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| $ | ( | $ | ( | ||
NON-CONTROLLING INTEREST |
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Balance, beginning of period |
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| $ | ( | $ | ( | ||
Foreign exchange impact on non-controlling interest |
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Gain (loss) attributable to non-controlling interest |
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| ( |
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Balance, end of period |
|
| $ | ( | $ | ( | ||
TOTAL SHAREHOLDERS’ DEFICIT |
|
| $ | ( | $ | ( |
See accompanying notes to the Interim Condensed Consolidated Financial Statements
2021 FIRST QUARTER REPORT TO SHAREHOLDERS | JUST ENERGY | F-4. |
INTERIM CONDENSED CONSOLIDATED STATEMENTS OF CASH FLOWS
FOR THE THREE MONTHS ENDED JUNE 30
(unaudited in thousands of Canadian dollars)
| Notes |
| 2021 |
| 2020 | |||
Net inflow (outflow) of cash related to the following activities | ||||||||
OPERATING |
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Profit from continuing operations before income taxes |
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| $ | | $ | | ||
Loss from discontinued operations before income taxes |
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| – |
| ( | ||
Profit before income taxes |
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Items not affecting cash |
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Amortization and depreciation |
| 12(a) |
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Share-based compensation expense |
| 12(a) |
| |
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Financing charges, non-cash portion |
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Unrealized gain in fair value of derivative instruments and other |
| 6 |
| ( |
| ( | ||
Net change in working capital balances |
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| ( | ||
Liabilities subject to compromise | 1 | ( | – | |||||
Adjustment for discontinued operations, net |
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| – |
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Income taxes paid |
|
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| ( |
| ( | ||
Cash inflow (outflow) from operating activities |
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| ( |
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INVESTING |
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Purchase of property and equipment |
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| ( |
| ( | ||
Purchase of intangible assets |
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| ( |
| ( | ||
Cash outflow from investing activities |
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| ( |
| ( | ||
FINANCING |
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Proceeds from DIP Facility |
| 8 |
| |
| – | ||
Repayment of long-term debt |
| 8 |
| ( |
| ( | ||
Credit facilities withdrawal (payments) |
| 8 |
| ( |
| | ||
Share swap payout |
|
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| – |
| ( | ||
Leased asset payments |
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| ( |
| ( | |||
Cash outflow from financing activities |
|
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| ( |
| ( | ||
Effect of foreign currency translation on cash balances |
|
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| ( |
| ( | ||
Net cash inflow (outflow) |
|
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| ( |
| ( | ||
Cash and cash equivalents, beginning of period |
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Cash and cash equivalents, end of period |
|
| $ | | $ | | ||
Supplemental cash flow information: |
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Interest paid |
|
| $ | | $ | |
See accompanying notes to the Interim Condensed Consolidated Financial Statements
2021 FIRST QUARTER REPORT TO SHAREHOLDERS | JUST ENERGY | F-5. |
NOTES TO THE INTERIM CONDENSED CONSOLIDATED FINANCIAL STATEMENTS
For the three months ended June 30, 2021
(unaudited in thousands of Canadian dollars, except where indicated and per share amounts)
1. ORGANIZATION
Just Energy Group Inc. (“Just Energy” or the “Company”) is a corporation established under the laws of Canada to hold securities of its directly or indirectly owned operating subsidiaries and affiliates. The registered office of Just Energy is First Canadian Place, 100 King Street West, Toronto, Ontario, Canada. The Interim Condensed Consolidated Financial Statements consist of Just Energy and its subsidiaries and affiliates. The Interim Condensed Consolidated Financial Statements were approved by the Board of Directors on August 13, 2021.
In February 2021, the State of Texas experienced extremely cold weather (the “Weather Event”). The Weather Event led to increased electricity demand and sustained high prices from February 13, 2021 through February 20, 2021. As a result of the losses sustained and without sufficient liquidity to pay the corresponding invoices from the Electric Reliability Council of Texas, Inc. (“ERCOT”) when due, and accordingly, on March 9, 2021, Just Energy applied for and received creditor protection under the Companies’ Creditors Arrangement Act (Canada) (“CCAA”) from the Ontario Superior Court of Justice (Commercial List) (the “Ontario Court”) and under Chapter 15 (“Chapter 15”) of the Bankruptcy Code in the United States from the Bankruptcy Court of the Southern District of Texas, Houston Division (the “Court Orders”). Protection under the Court Orders allows Just Energy to operate while it restructures its capital structure.
As part of the CCAA filing, the Company entered into a USD$
On May 26, 2021, the stay period was extended by the Ontario Court to September 30, 2021.
As at June 30, 2021, in connection with the CCAA proceedings, the Company identified the following obligations that are subject to compromise:
| Amounts in 000's | ||
Trade and other payables | $ | | |
Other non-current liabilities |
| | |
Current portion of long-term debt |
| | |
Total liabilities subject to compromise | $ | |
The common shares of the Company are listed on the TSX Venture Exchange, under the symbol “JE” and on the OTC Pink Market under the symbol “JENGQ”.
On June 16, 2021 Texas House Bill 4492 (“HB 4492”), which provides a mechanism for recovery of certain costs incurred by various parties, including the Company, during the Weather Event through certain securitization structures, became law in Texas. HB 4492 addresses securitization of (i) ancillary service charges above USD $
2021 FIRST QUARTER REPORT TO SHAREHOLDERS | JUST ENERGY | F-6. |
NOTES TO THE INTERIM CONDENSED CONSOLIDATED FINANCIAL STATEMENTS
For the three months ended June 30, 2021
(unaudited in thousands of Canadian dollars, except where indicated and per share amounts)
HB 4492 provides that ERCOT request that the Public Utility Commission of Texas (the “Commission”) establish financing mechanisms for the payment of the Costs incurred by load-serving entities, including Just Energy. On July 16, 2021, ERCOT filed the request with the commission (PUC Docket No. 52322). The Company continues to evaluate HB 4492. Based on current information, if the Commission approves the financing provided for in HB 4492, Just Energy anticipates that it will recover up to approximately USD $
2. OPERATIONS
Just Energy is a retail energy provider specializing in electricity and natural gas commodities and bringing energy efficient solutions, carbon offsets and renewable energy options to customers. Operating in the United States (“U.S.”) and Canada, Just Energy serves both residential and commercial customers, providing homes and businesses with a broad range of energy solutions that deliver comfort, convenience and control. Just Energy is the parent company of Amigo Energy, Filter Group Inc. (“Filter Group”), Hudson Energy, Interactive Energy Group, Tara Energy and terrapass.
Just Energy’s current commodity product offerings include fixed, variable, index and flat rate options. By fixing the price of electricity or natural gas under its fixed-price or price-protected program contracts for a period of up to
Just Energy offers green products through terrapass and its JustGreen program. Green products offered through terrapass allow customers to offset their carbon footprint without buying energy commodity products and can be offered in all states and provinces without being dependent on energy deregulation. The JustGreen electricity product offers customers the option of having all or a portion of their electricity sourced from renewable green sources such as wind, solar, hydropower or biomass, via power purchase agreements and renewable energy certificates. The JustGreen gas product offers carbon offset credits that allow customers to reduce or eliminate the carbon footprint of their homes or businesses. Through the Filter Group, Just Energy provides subscription-based home water filtration systems to residential customers, including under-counter and whole-home water filtration solutions. Just Energy markets its product offerings through multiple sales channels including digital, retail, door-to-door, brokers and affinity relationships.
3. FINANCIAL STATEMENT PRESENTATION
(a) Compliance with IFRS
These Interim Financial Statements have been prepared in accordance with International Accounting Standard (“IAS”) 34, Interim Financial Reporting, as issued by the International Accounting Standards Board (“IASB”), utilizing the accounting policies Just Energy outlined in its March 31, 2021 annual audited consolidated financial statements, except the adoption of new International Financial Reporting
2021 FIRST QUARTER REPORT TO SHAREHOLDERS | JUST ENERGY | F-7. |
NOTES TO THE INTERIM CONDENSED CONSOLIDATED FINANCIAL STATEMENTS
For the three months ended June 30, 2021
(unaudited in thousands of Canadian dollars, except where indicated and per share amounts)
Standards (“IFRS”). Accordingly, certain information and footnote disclosures normally included in the annual audited consolidated financial statements prepared in accordance with IFRS, as issued by the IASB, have been omitted or condensed.
(b) Basis of presentation and interim reporting
These Interim Condensed Consolidated Financial Statements should be read in conjunction with and follow the same accounting policies and methods of application as those used in the annual audited consolidated financial statements for the fiscal year ended March 31, 2021.
The comparative Interim Condensed Consolidated Financial Statements have been corrected from the interim statements previously presented to conform to the presentation of the current Interim Condensed Consolidated Financial Statements.
The Interim Condensed Consolidated Financial Statements are presented in Canadian dollars, the functional currency of Just Energy, and all values are rounded to the nearest thousands, except where otherwise indicated. The Interim Financial Statements are prepared on a going concern basis under the historical cost convention, except for certain financial assets and liabilities that are stated at fair value.
The interim operating results are not necessarily indicative of the results that may be expected for the full fiscal year ending March 31, 2022, due to seasonal variations resulting in fluctuations in quarterly results. Gas consumption by customers is typically highest in October through March and lowest in April through September. Electricity consumption is typically highest in January through March and July through September and lowest in October through December and April through June.
Principles of consolidation
The Interim Condensed Consolidated Financial Statements include the accounts of Just Energy and its directly or indirectly owned subsidiaries and affiliates as at June 30, 2021. Subsidiaries and affiliates are consolidated from the date of acquisition and control and continue to be consolidated until the date that such control ceases. The financial statements of the subsidiaries and affiliates are prepared for the same reporting period as Just Energy using consistent accounting policies. All intercompany balances, sales, expenses and unrealized gains and losses resulting from intercompany transactions are eliminated on consolidation.
Going Concern
Due to the Weather Event and associated CCAA filing, the Company’s ability to continue as a going concern for the next 12 months is dependent on the Company emerging from CCAA protection, maintain liquidity and complying with DIP Facility covenants. The material uncertainties arising from the CCAA filings cast substantial doubt upon the Company's ability to continue as a going concern and, accordingly the ultimate appropriateness of the use of accounting principles applicable to a going concern. These Interim Condensed Consolidated Financial Statements do not reflect the adjustments to carrying values of assets and liabilities and the reported expenses and Interim Condensed Consolidated Statements of Financial Position classifications that would be necessary if the going concern assumption was deemed inappropriate. These adjustments could be material. There can be no assurance that the Company will be successful in emerging from CCAA as a going concern.
(c) Significant accounting judgments, estimates, and assumptions
The preparation of the Interim Condensed Consolidated Financial Statements requires the use of estimates and assumptions to be made in applying the accounting policies that affect the reported
2021 FIRST QUARTER REPORT TO SHAREHOLDERS | JUST ENERGY | F-8. |
NOTES TO THE INTERIM CONDENSED CONSOLIDATED FINANCIAL STATEMENTS
For the three months ended June 30, 2021
(unaudited in thousands of Canadian dollars, except where indicated and per share amounts)
amount of assets, liabilities, income and expenses. The estimates and related assumptions based on previous experience and other factors are considered reasonable under the circumstances, the results of which form the basis for making the assumptions about carrying values of assets and liabilities that are not readily apparent from other sources. There have been no material changes from the disclosures from the Company’s Audited Consolidated Financial Statements and Notes to the Consolidated Financial Statements for the year ended March 31, 2021 with respect to significant accounting judgments, estimates and assumptions.
4. TRADE AND OTHER RECEIVABLES, NET
(a) Trade and other receivables, net
As at | As at | |||||
| June 30, 2021 |
| March 31, 2021 | |||
Trade account receivables, net | $ | | $ | | ||
Unbilled revenue, net |
| |
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Accrued gas receivable |
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Other |
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$ | | $ | |
(b) Aging of accounts receivable
Customer credit risk
The lifetime expected credit loss reflects Just Energy’s best estimate of losses on the accounts receivable and unbilled revenue balances. Just Energy determines the lifetime ECL by using historical loss rates and forward-looking factors, if applicable. Just Energy is exposed to customer credit risk on its continuing operations in Alberta, Texas, Illinois (gas), California (gas) and Ohio (electricity). Credit review processes have been implemented to perform credit evaluations of customers and manage customer default. If a significant number of customers were to default on their payments, it could have a material adverse effect on the operations and cash flows of Just Energy. Management factors default from credit risk in its margin expectations for all of the above markets.
In the remaining markets, the LDCs provide collection services and assume the risk of any bad debts owing from Just Energy’s customers for a fee that is recorded in cost of goods sold. Although there is no assurance that the LDCs providing these services will continue to do so in the future, management believes that the risk of the LDCs failing to deliver payment to Just Energy is minimal.
The aging of the trade accounts receivable from the markets where the Company bears customer credit risk was as follows:
As at | As at | |||||
| June 30, 2021 |
| March 31, 2021 | |||
Current | $ | | $ | | ||
1–30 days |
| |
| | ||
31–60 days |
| |
| | ||
61–90 days |
| |
| | ||
Over 90 days |
| |
| | ||
$ | | $ | |
The unbilled revenue subject to customer credit risk is $
2021 FIRST QUARTER REPORT TO SHAREHOLDERS | JUST ENERGY | F-9. |
NOTES TO THE INTERIM CONDENSED CONSOLIDATED FINANCIAL STATEMENTS
For the three months ended June 30, 2021
(unaudited in thousands of Canadian dollars, except where indicated and per share amounts)
(c) Allowance for doubtful accounts
Changes in the allowance for doubtful accounts related to the balances in the table above were as follows:
| As at |
| As at | |||
June 30, 2021 | March 31, 2021 | |||||
Balance, beginning of period | $ | | $ | | ||
Provision for doubtful accounts |
| |
| | ||
Bad debts written off |
| ( |
| ( | ||
Foreign exchange |
| |
| | ||
Balance, end of period | $ | | $ | |
5. OTHER CURRENT AND NON-CURRENT ASSETS
| As at | As at | |||||
(a) | Other current assets |
| June 30, 2021 |
| March 31, 2021 | ||
Prepaid expenses and deposits | $ | | $ | | |||
Customer acquisition costs |
| |
| | |||
Green certificates assets |
| |
| | |||
Gas delivered in excess of consumption |
| |
| | |||
Inventory |
| |
| | |||
$ | | $ | |
| As at | As at | |||||
(b) | Other non-current assets |
| June 30, 2021 |
| March 31, 2021 | ||
Customer acquisition costs | $ | | $ | | |||
Other long-term assets |
| |
| | |||
$ | | $ | |
6. FINANCIAL INSTRUMENTS
(a) Fair value of derivative financial instruments and other
The fair value of financial instruments is the price that would be received to sell an asset or paid to transfer a liability in an orderly transaction between market participants at the measurement date (i.e., an exit price). Management has estimated the value of financial swaps, physical forwards and option contracts for electricity, natural gas, carbon offsets and renewable energy certificates ("RECs"), and generation and transmission capacity contracts using a discounted cash flow method, which employs market forward curves that are either directly sourced from third parties or developed internally based on third-party market data. These curves can be volatile, thus leading to volatility in the mark to market with no immediate impact to cash flows. Gas options and green power options have been valued using the Black option pricing model using the applicable market forward curves and the implied volatility from other market traded options. Management periodically uses non-exchange-traded swap agreements based on cooling degree days (“CDDs”) and heating degree days (“HDDs”) measured in its utility service territories to reduce the impact of weather volatility on Just Energy’s electricity and natural gas volumes, commonly referred to as “weather derivatives”. The fair value of these swaps on a given measurement station indicated in the derivative contract is determined by calculating the difference between the agreed strike and expected variable observed at the same station.
2021 FIRST QUARTER REPORT TO SHAREHOLDERS | JUST ENERGY | F-10. |
NOTES TO THE INTERIM CONDENSED CONSOLIDATED FINANCIAL STATEMENTS
For the three months ended June 30, 2021
(unaudited in thousands of Canadian dollars, except where indicated and per share amounts)
The following table illustrates unrealized gains (losses) related to Just Energy’s derivative financial instruments classified as fair value through profit or loss and recorded on the Interim Condensed Consolidated Statements of Financial Position as fair value of derivative financial assets and fair value of derivative financial liabilities, with their offsetting values recorded in unrealized gain (loss) in fair value of derivative instruments and other on the Interim Condensed Consolidated Statements of Income.
For the three months | For the three months | |||||
ended | ended | |||||
| June 30, 2021 |
| June 30, 2020 | |||
Physical forward contracts and options (i) | $ | | $ | | ||
Financial swap contracts and options (ii) |
| |
| | ||
Foreign exchange forward contracts |
| |
| ( | ||
6.5% convertible bond conversion feature |
| – |
| | ||
Unrealized foreign exchange on Term Loan | | – | ||||
Weather derivatives (iii) |
| ( |
| ( | ||
Other derivative options |
| ( |
| ( | ||
Unrealized gain of derivative instruments and other | $ | | $ | |
The following table summarizes certain aspects of the fair value of derivative financial assets and liabilities recorded in the Interim Condensed Consolidated Statements of Financial Position as at June 30, 2021:
Financial | Financial | Financial | Financial | |||||||||
assets | assets | liabilities | liabilities | |||||||||
| (current) |
| (non-current) |
| (current) |
| (non-current) | |||||
Physical forward contracts and options (i) | $ | | $ | | $ | | $ | | ||||
Financial swap contracts and options (ii) |
| |
| |
| |
| | ||||
Foreign exchange forward contracts |
| |
| – |
| – |
| – | ||||
Weather derivatives (iii) |
| |
| – |
| |
| – | ||||
Other derivative options |
| |
| |
| |
| | ||||
As at June 30, 2021 | $ | | $ | | $ | | $ | |
The following table summarizes certain aspects of the fair value of derivative financial assets and liabilities recorded in the Consolidated Statements of Financial Position as at March 31, 2021:
Financial | Financial | Financial | Financial | |||||||||
assets | assets | liabilities | liabilities | |||||||||
| (current) |
| (non-current) |
| (current) |
| (non-current) | |||||
Physical forward contracts and options (i) | $ | | $ | | $ | | $ | | ||||
Financial swap contracts and options (ii) |
| |
| |
| |
| | ||||
Foreign exchange forward contracts |
| – |
| – |
| |
| – | ||||
Weather derivatives (iii) |
| |
| – |
| – |
| – | ||||
Other derivative options |
| |
| |
| – |
| – | ||||
As at March 31, 2021 | $ | | $ | | $ | | $ | |
Individual derivative asset and liability transactions are offset, and the net amount reported in the Interim Condensed Consolidated Statements of Financial Position if, and only if, there is currently an enforceable legal right to offset the recognized amounts and there is an intention to settle on a net basis, or to realize the assets and settle the liabilities simultaneously. Individual derivative transactions are typically offset at the legal entity and counterparty level.
2021 FIRST QUARTER REPORT TO SHAREHOLDERS | JUST ENERGY | F-11. |
NOTES TO THE INTERIM CONDENSED CONSOLIDATED FINANCIAL STATEMENTS
For the three months ended June 30, 2021
(unaudited in thousands of Canadian dollars, except where indicated and per share amounts)
Below is a summary of the financial instruments classified through profit or loss as at June 30, 2021, to which Just Energy has committed:
(i) | Physical forward contracts and options consist of: |
● | Electricity contracts with a total remaining volume of |
● | Natural gas contracts with a total remaining volume of |
● | RECs with a total remaining volume of |
● | Green gas certificates with a total remaining volume of |
● | Electricity generation capacity contracts with a total remaining volume of |
● | Ancillary contracts with a total remaining volume of |
(ii) | Financial swap contracts and options consist of: |
● | Electricity contracts with a total remaining volume of |
● | Natural gas contracts with a total remaining volume of |
(iii) | Weather derivatives consist of: |
● | HDD natural gas swaps with price strikes to be set on futures index and temperature strikes from |
● | HDD natural gas swaps with price strikes to be set on futures index and temperature strikes from |
● | CDD Puts with temperature strikes from |
● | Temperature Contingent Power Call Options with price strikes at various temperature strikes and an expiry date of October 31, 2021. |
● | Temperature and Power Price Contingent Call Option with an expiry date of August 31, 2021. |
These derivative financial instruments create a credit risk for Just Energy since they have been transacted with a limited number of counterparties. Should any counterparty be unable to fulfill its obligations under the contracts, Just Energy may not be able to realize the financial assets’ balance recognized in the Interim Condensed Consolidated Financial Statements.
Fair value (“FV”) hierarchy of derivatives
Level 1
The fair value measurements are classified as Level 1 in the FV hierarchy if the fair value is determined using quoted unadjusted market prices. Currently there are no derivatives carried in this level.
Level 2
Fair value measurements that require observable inputs other than quoted prices in Level 1, either directly or indirectly, are classified as Level 2 in the FV hierarchy. This could include the use of statistical
2021 FIRST QUARTER REPORT TO SHAREHOLDERS | JUST ENERGY | F-12. |
NOTES TO THE INTERIM CONDENSED CONSOLIDATED FINANCIAL STATEMENTS
For the three months ended June 30, 2021
(unaudited in thousands of Canadian dollars, except where indicated and per share amounts)
techniques to derive the FV curve from observable market prices. However, in order to be classified under Level 2, significant inputs must be directly or indirectly observable in the market. Just Energy values its New York Mercantile Exchange (“NYMEX”) financial gas fixed-for-floating swaps under Level 2.
Level 3
Fair value measurements that require unobservable market data or use statistical techniques to derive forward curves from observable market data and unobservable inputs are classified as Level 3 in the FV hierarchy. For the electricity supply contracts, Just Energy uses quoted market prices as per available market forward data and applies a price-shaping profile to calculate the monthly prices from annual strips and hourly prices from block strips for the purposes of mark to market calculations. The profile is based on historical settlements with counterparties or with the system operator and is considered an unobservable input for the purposes of establishing the level in the FV hierarchy.
For the natural gas supply contracts, Just Energy uses three different market observable curves: (i) commodity (predominately NYMEX), (ii) basis and (iii) foreign exchange. NYMEX curves extend for over five years (thereby covering the length of Just Energy’s contracts); however, most basis curves extend only
Weather derivatives are non-exchange-traded financial instruments used as part of a risk management strategy to mitigate the impact adverse weather conditions have on gross margin. The fair values of the derivatives are determined using an internally developed model that relies upon both observable inputs and significant unobservable inputs. Accordingly, the fair values of these derivatives are classified as Level 3. Market and contractual inputs to these models vary by contract type and would typically include notional amounts, reference weather stations, strike prices, temperature strike values, terms to expiration, historical weather data and historical commodity prices. The historical weather data and commodity prices were utilized to value the expected payouts with respect to weather derivatives and, as a result, are the most significant assumptions contributing to the determination of fair value estimates, and changes in these inputs can result in a significantly higher or lower fair value measurement.
Just Energy’s accounting policy is to recognize transfers between levels of the fair value hierarchy on the date of the event or change in circumstances that caused the transfer.
Fair value measurement input sensitivity
The main cause of changes in the fair value of derivative instruments is changes in the forward curve prices used for the fair value calculations. Just Energy provides a sensitivity analysis of these forward curves under the “Market risk” section of this note. Other inputs, including volatility and correlations, are driven off historical settlements.
The following table illustrates the classification of derivative financial assets (liabilities) in the FV hierarchy as at June 30, 2021:
| Level 1 |
| Level 2 |
| Level 3 |
| Total | |||||
Derivative financial assets |
| $ | – | $ | | $ | | $ | | |||
Derivative financial liabilities |
| – |
| – | ( | ( | ||||||
Total net derivative financial assets | $ | – | $ | | $ | | $ | |
2021 FIRST QUARTER REPORT TO SHAREHOLDERS | JUST ENERGY | F-13. |
NOTES TO THE INTERIM CONDENSED CONSOLIDATED FINANCIAL STATEMENTS
For the three months ended June 30, 2021
(unaudited in thousands of Canadian dollars, except where indicated and per share amounts)
The following table illustrates the classification of derivative financial assets (liabilities) in the FV hierarchy as at March 31, 2021:
| Level 1 |
| Level 2 |
| Level 3 |
| Total | |||||
Derivative financial assets |
| $ | – | $ | | $ | | $ | | |||
Derivative financial liabilities |
| – |
| – |
| ( |
| ( | ||||
Total net derivative financial liabilities | $ | – | $ | | $ | ( | $ | ( |
Commodity price sensitivity – Level 3 derivative financial instruments
If the energy prices associated with only Level 3 derivative financial instruments including natural gas, electricity, and RECs had risen (
Key assumptions used when determining the significant unobservable inputs for all commodity supply contracts included in Level 3 of the FV hierarchy consist of up to
The following table illustrates the changes in net fair value of financial assets (liabilities) classified as Level 3 in the FV hierarchy for the following periods:
Three months ended | Year ended | |||||
| June 30, 2021 |
| March 31, 2021 | |||
Balance, beginning of period | $ | ( | $ | ( | ||
Total gains (losses) |
| |
| ( | ||
Purchases |
| |
| ( | ||
Sales |
| ( |
| ( | ||
Settlements |
| ( |
| | ||
Balance, end of period | $ | | $ | ( |
(b) Classification of non-derivative financial assets and liabilities
As at June 30, 2021 and March 31, 2021, the carrying value of cash and cash equivalents, restricted cash, trade and other receivables, and trade and other payables approximates their fair value due to their short-term nature.
The risks associated with Just Energy’s financial instruments are as follows:
(i)Market risk
Market risk is the potential loss that may be incurred as a result of changes in the market or fair value of a particular instrument or commodity. Components of market risk to which Just Energy is exposed are discussed below.
Foreign currency risk
Foreign currency risk is created by fluctuations in the fair value or cash flows of financial instruments due to changes in foreign exchange rates and exposure as a result of investments in U.S. operations.
2021 FIRST QUARTER REPORT TO SHAREHOLDERS | JUST ENERGY | F-14. |
NOTES TO THE INTERIM CONDENSED CONSOLIDATED FINANCIAL STATEMENTS
For the three months ended June 30, 2021
(unaudited in thousands of Canadian dollars, except where indicated and per share amounts)
The performance of the Canadian dollar relative to the U.S. dollars could positively or negatively affect Just Energy’s Interim Condensed Consolidated Statements of Income, as a significant portion of Just Energy’s profit or loss is generated in U.S. dollars and is subject to currency fluctuations upon translation to Canadian dollars. Due to its growing operations in the U.S., Just Energy expects to have a greater exposure to foreign currency fluctuations in the future than in prior years. Just Energy has a policy to economically hedge between
Just Energy may, from time to time, experience losses resulting from fluctuations in the values of its foreign currency transactions, which could adversely affect its operating results. Translation risk is not hedged.
With respect to translation exposure, if the Canadian dollar had been
Interest rate risk
Just Energy is only exposed to interest rate fluctuations associated with its floating rate Credit Facility. Just Energy’s current exposure to interest rates does not economically warrant the use of derivative instruments. Just Energy’s exposure to interest rate risk is relatively immaterial and temporary in nature. Just Energy does not currently believe that its debt exposes the Company to material interest rate risks but has set out parameters to actively manage this risk within its risk management policy.
A
Commodity price risk
Just Energy is exposed to market risks associated with commodity prices and market volatility where estimated customer requirements do not match actual customer requirements. Management actively monitors these positions on a daily basis in accordance with its risk management policy. This policy sets out a variety of limits, most importantly thresholds for open positions in the gas and electricity portfolios, which also feed a value at risk limit. Should any of the limits be exceeded, they are closed expeditiously or express approval to continue to hold is obtained. Just Energy’s exposure to market risk is affected by a number of factors, including accuracy of estimation of customer commodity requirements, commodity prices, volatility and liquidity of markets. Just Energy enters into derivative instruments in order to manage exposures to changes in commodity prices. The derivative instruments that are used are designed to fix the price of supply for estimated customer commodity demand and thereby fix margins. Derivative instruments are generally transacted over the counter. The inability or failure of Just Energy to manage and monitor the above market risks could have a material adverse effect on the operations and cash flows of Just Energy. Just Energy mitigates the exposure to variances in customer requirements that are driven by changes in expected weather conditions through active management of the underlying portfolio, which involves, but is not limited to, the purchase of options including weather derivatives. Just Energy’s ability to mitigate weather effects is limited by the degree to which weather conditions deviate from normal.
2021 FIRST QUARTER REPORT TO SHAREHOLDERS | JUST ENERGY | F-15. |
NOTES TO THE INTERIM CONDENSED CONSOLIDATED FINANCIAL STATEMENTS
For the three months ended June 30, 2021
(unaudited in thousands of Canadian dollars, except where indicated and per share amounts)
Commodity price sensitivity – all derivative financial instruments
If all the energy prices associated with derivative financial instruments including natural gas, electricity and RECs had risen (
(ii)Physical supplier risk
Just Energy purchases the majority of the gas and electricity delivered to its customers through long-term contracts entered into with various suppliers. Just Energy has an exposure to supplier risk as the ability to continue to deliver gas and electricity to its customers is reliant upon the ongoing operations of these suppliers and their ability to fulfill their contractual obligations.
(iii)Counterparty credit risk
Counterparty credit risk represents the loss that Just Energy would incur if a counterparty fails to perform under its contractual obligations. This risk would manifest itself in Just Energy replacing contracted supply at prevailing market rates, thus impacting the related customer margin. Counterparty limits are established within the risk management policy. Any exceptions to these limits require approval from the Risk Committee of the Board of Directors of Just Energy. The risk department and Risk Committee of the Board of Directors monitor current and potential credit exposure to individual counterparties and also monitor overall aggregate counterparty exposure. However, the failure of a counterparty to meet its contractual obligations could have a material adverse effect on the operations and cash flows of Just Energy.
As at June 30, 2021, Just Energy has applied an adjustment factor to determine the fair value of its financial instruments in the amount of $
As at June 30, 2021, the estimated net counterparty credit risk exposure amounted to $
7. TRADE AND OTHER PAYABLES
As at | As at | |||||
| June 30, 2021 |
| March 31, 2021 | |||
Commodity suppliers' accruals and payables (a) | $ | | $ | | ||
Green provisions and repurchase obligations |
| |
| | ||
Sales tax payable |
| |
| | ||
Non-commodity trade accruals and accounts payable (b) |
| |
| | ||
Current portion of payable to former joint venture partner (c) |
| |
| | ||
Accrued gas payable |
| |
| | ||
Other payables |
| |
| | ||
$ | | $ | |
(a) | Includes $ |
2021 FIRST QUARTER REPORT TO SHAREHOLDERS | JUST ENERGY | F-16. |
NOTES TO THE INTERIM CONDENSED CONSOLIDATED FINANCIAL STATEMENTS
For the three months ended June 30, 2021
(unaudited in thousands of Canadian dollars, except where indicated and per share amounts)
(b) | Includes $ |
(c) | The amount due to the former joint venture partner is subject to compromise depending on the outcome of the CCAA proceedings. |
8. LONG-TERM DEBT AND FINANCING
| As at |
| As at | |||
June 30, 2021 | March 31, 2021 | |||||
DIP Facility (a) | $ | | $ | | ||
Less: Debt issue costs (a) |
| ( |
| ( | ||
Filter Group financing (b) |
| |
| | ||
Credit facility - subject to compromise (c) |
| |
| | ||
Term loan - subject to compromise (d) |
| |
| | ||
Note Indenture - subject to compromise (e) |
| |
| | ||
| | | ||||
Less: Current portion |
| ( |
| ( | ||
$ | | $ | |
Future annual minimum principal repayments are as follows:
Less than |
|
|
|
| More than | ||||||||||
| 1 year |
| 1–3 years |
| 4–5 years |
| 5 years |
| Total | ||||||
DIP Facility (a) | $ | | $ | – | $ | – | $ | – | $ | | |||||
Less: Debt issue costs (a) | ( | – | – | – | ( | ||||||||||
Filter Group financing (b) |
| | | – | – | | |||||||||
Credit facility - subject to compromise (c) |
| | – | – | – | | |||||||||
Term Loan - subject to compromise (d) |
| | – | – | – | | |||||||||
Note Indenture - subject to compromise (e) | | – | – | – | | ||||||||||
$ | | $ | | $ | – | $ | – | $ | |
The following table details the finance costs for the period ended June 30. Interest is expensed based on the effective interest rate.
For the three months | ||||||
ended | ended | |||||
| June 30, 2021 |
| June 30, 2020 | |||
DIP Facility (a) | $ | | $ | – | ||
Filter Group financing (b) |
| | | |||
Credit facility (c) | | | ||||
| – | | ||||
| – | | ||||
| – | | ||||
– | | |||||
Supplier finance and others |
| – | | |||
$ | | $ | |
(a) | As discussed in Note 1, Just Energy filed and received the Court Order under the CCAA on March 9, 2021. In conjunction with the CCAA filing, the Company entered into the DIP Facility for USD $ |
2021 FIRST QUARTER REPORT TO SHAREHOLDERS | JUST ENERGY | F-17. |
NOTES TO THE INTERIM CONDENSED CONSOLIDATED FINANCIAL STATEMENTS
For the three months ended June 30, 2021
(unaudited in thousands of Canadian dollars, except where indicated and per share amounts)
borrowers under the DIP Facility and are supported by guarantees of certain subsidiaries and affiliates and secured by a super-priority charge against and attaching to the property that secures the obligations arising under the Credit Facility, created by the Court Order. The DIP Facility has an interest rate of |
(b) |
(c) |
Certain amounts outstanding under the letter of Credit Facility (“LC Facility”) are guaranteed by Export Development Canada under its Account Performance Security Guarantee Program. Just Energy’s obligations under the Credit Facility are supported by guarantees of certain subsidiaries and affiliates and secured by a general security agreement and a pledge of the assets and securities of Just Energy and the majority of its operating subsidiaries and affiliates excluding, primarily the Filter Group. Just Energy has also entered into an inter-creditor agreement in which certain commodity and hedge providers are also secured by the same collateral. As a result of the CCAA filing, the borrowers are in default under the Credit Facility. However, any potential actions by the lenders have been stayed pursuant to the Court Order. As at June 30, 2021, the Company had $
The outstanding Advances are all Prime rate advances at a rate of bank prime (Canadian bank prime rate or U.S. prime rate) plus
As at June 30, 2021, the Canadian prime rate was
As a result of the CCAA filing, the Credit Facility has been reclassified to short-term reflecting the potential acceleration of the debt allowed under the Credit Facility.
2021 FIRST QUARTER REPORT TO SHAREHOLDERS | JUST ENERGY | F-18. |
NOTES TO THE INTERIM CONDENSED CONSOLIDATED FINANCIAL STATEMENTS
For the three months ended June 30, 2021
(unaudited in thousands of Canadian dollars, except where indicated and per share amounts)
(d) |
(e) |
(f) |
(g) |
(h) |
(i) |
9. REPORTABLE BUSINESS SEGMENTS
Just Energy’s reportable segments are the Mass Market (formerly called Consumer) and the Commercial segments.
The chief operating decision maker monitors the operational results of the Mass Market and Commercial segments for the purpose of making decisions about resource allocation and performance assessment. Segment performance is evaluated based on certain non-IFRS measures such as Base EBITDA, Base gross margin and Embedded gross margin as defined in the Company’s Management Discussion and Analysis.
Transactions between segments are in the normal course of operations and are recorded at the exchange amount.
Corporate and shared services report the costs related to management oversight of the business units, public reporting and filings, corporate governance and other shared services functions such as Human Resources, Finance and Information Technology.
2021 FIRST QUARTER REPORT TO SHAREHOLDERS | JUST ENERGY | F-19. |
NOTES TO THE INTERIM CONDENSED CONSOLIDATED FINANCIAL STATEMENTS
For the three months ended June 30, 2021
(unaudited in thousands of Canadian dollars, except where indicated and per share amounts)
For the period ended June 30, 2021:
|
|
| Corporate and |
| ||||||||
Mass Market | Commercial | shared services | Consolidated | |||||||||
Sales | $ | | $ | | $ | – | $ | | ||||
Cost of goods sold |
| | | – | | |||||||
Gross margin |
| | | – | | |||||||
Depreciation and amortization |
| | | – | | |||||||
Administrative expenses |
| | | | | |||||||
Selling and marketing expenses |
| | | – | | |||||||
Other operating expenses |
| | | – | | |||||||
Segment profit (loss) | $ | | $ | | $ | ( | $ | ( | ||||
Finance costs |
| ( | ||||||||||
Unrealized gain on derivative instruments and other |
| | ||||||||||
Realized gain on derivative instruments |
| | ||||||||||
Other expense, net | ( | |||||||||||
Reorganization costs |
| ( | ||||||||||
Provision for income taxes |
| | ||||||||||
Profit from continuing operations |
| | ||||||||||
Profit for the period |
| $ | | |||||||||
| ||||||||||||
Capital expenditures | $ | | $ | | $ | – | $ | | ||||
As at June 30, 2021 | ||||||||||||
Total goodwill | $ | | $ | – | $ | – | $ | |
2021 FIRST QUARTER REPORT TO SHAREHOLDERS | JUST ENERGY | F-20. |
NOTES TO THE INTERIM CONDENSED CONSOLIDATED FINANCIAL STATEMENTS
For the three months ended June 30, 2021
(unaudited in thousands of Canadian dollars, except where indicated and per share amounts)
For the three months ended June 30, 2020:
|
|
| Corporate and |
| ||||||||
Mass Market | Commercial | shared services | Consolidated | |||||||||
Sales | $ | | $ | | $ | – | $ | | ||||
Cost of goods sold |
| |
| |
| – |
| | ||||
Gross margin |
| |
| |
| – |
| | ||||
Depreciation and amortization |
| |
| |
| – |
| | ||||
Administrative expenses |
| |
| |
| |
| | ||||
Selling and marketing expenses |
| |
| |
| – |
| | ||||
Other operating expenses |
| |
| |
| – |
| | ||||
Segment profit (loss) | $ | | $ | | $ | ( | $ | | ||||
Finance costs |
|
|
|
|
|
|
| ( | ||||
Unrealized gain on derivative instruments and other |
|
|
|
|
|
|
| | ||||
Realized loss of derivative instruments |
|
|
|
|
|
|
| ( | ||||
Other income, net |
|
|
|
|
|
|
| ( | ||||
Provision for income taxes |
|
|
|
|
|
|
| ( | ||||
Profit from continuing operations |
|
|
|
|
|
| $ | | ||||
Loss from discontinued operations |
|
|
|
|
|
|
| ( | ||||
Profit for the period |
|
|
|
|
|
|
| | ||||
Capital expenditures | $ | | $ | | $ | – | $ | | ||||
As at June 30, 2020 | ||||||||||||
Total goodwill | $ | | $ | | $ | – | $ | |
Sales from external customers
Sales based on the location of the customer.
| For the three months | For the three months | ||||
ended | ended | |||||
| June 30, 2021 |
| June 30, 2020 | |||
Canada | $ | | $ | | ||
United States |
| | | |||
Total | $ | | $ | |
Non-current assets
Non-current assets by geographic segment consist of goodwill, property and equipment and intangible assets and are summarized as follows:
| As at June 30, 2021 |
| As at March 31, 2021 | |||
Canada | $ | | $ | | ||
United States |
| |
| | ||
Total | $ | | $ | |
2021 FIRST QUARTER REPORT TO SHAREHOLDERS | JUST ENERGY | F-21. |
NOTES TO THE INTERIM CONDENSED CONSOLIDATED FINANCIAL STATEMENTS
For the three months ended June 30, 2021
(unaudited in thousands of Canadian dollars, except where indicated and per share amounts)
10. INCOME TAXES
Three months | Three months | |||||
ended | ended | |||||
| June 30, 2021 |
| June 30, 2020 | |||
Current income tax expense | $ | ( | $ | | ||
Deferred income tax recovery |
| | ( | |||
Provision for (recovery of) income taxes | $ | ( | $ | |
11. SHAREHOLDERS’ CAPITAL
Just Energy is authorized to issue an unlimited number of common shares with
(a) Details of issued and outstanding shareholders’ capital are as follows:
| Three months ended |
| Year ended | |||||||
June 30, 2021 | March 31, 2021 | |||||||||
Shares |
| Amount | Shares | Amount | ||||||
Common shares: |
|
|
|
|
|
|
|
| ||
Issued and outstanding |
|
|
|
|
|
|
|
| ||
Balance, beginning of period |
| | $ | | | $ | | |||
Share-based awards exercised |
| – | – | | | |||||
Issuance of shares due to Recapitalization |
| | | | | |||||
Issuance cost |
| – | – | – | ( | |||||
Balance, end of period |
| | $ | | | $ | | |||
Preferred shares: |
| |||||||||
Issued and outstanding |
| |||||||||
Balance, beginning of period |
| | $ | | | $ | | |||
Exchanged to common shares |
| | | ( | ( | |||||
Shareholders' capital |
| | $ | | | $ | |
The above table reflects the impacts of the September 2020 Recapitalization including the extinguished convertible debentures, the settlement of the preferred shares and the issuance of new common shares. The common shares have been adjusted retrospectively to reflect the 33:1 share consolidation as part of the September 2020 Recapitalization.
(b) Dividends
For the quarter ended June 30, 2021, dividends of $
12. OTHER EXPENSES
(a) Other operating expenses
2021 FIRST QUARTER REPORT TO SHAREHOLDERS | JUST ENERGY | F-22. |
NOTES TO THE INTERIM CONDENSED CONSOLIDATED FINANCIAL STATEMENTS
For the three months ended June 30, 2021
(unaudited in thousands of Canadian dollars, except where indicated and per share amounts)
Three months ended | Three months ended | |||||
| June 30, 2021 |
| June 30, 2020 | |||
Amortization of intangible assets | $ | | $ | | ||
Depreciation of property and equipment |
| | | |||
Bad debt expense |
| | | |||
Share-based compensation |
| | | |||
$ | | $ | |
(b) Employee expenses
| Three months ended |
| Three months ended | |||
June 30, 2021 | June 30, 2020 | |||||
Wages, salaries and commissions | $ | | $ | | ||
Benefits |
| | | |||
$ | | $ | |
Employee expenses of $
13. REORGANIZATION COSTS
Reorganization costs represent the amounts incurred related to the filings under the CCAA and Chapter 15 under the U.S. Bankruptcy Code proceedings and consist of:
| Three months ended | ||
June 30, 2021 | |||
Professional and advisory costs | $ | | |
Key employee retention plan |
| | |
Prepetition claims and other costs |
| | |
$ | |
2021 FIRST QUARTER REPORT TO SHAREHOLDERS | JUST ENERGY | F-23. |
NOTES TO THE INTERIM CONDENSED CONSOLIDATED FINANCIAL STATEMENTS
For the three months ended June 30, 2021
(unaudited in thousands of Canadian dollars, except where indicated and per share amounts)
14. EARNINGS PER SHARE
| Three months ended |
| Three months ended |
| |||
June 30, 2021 | June 30, 2020 |
| |||||
BASIC EARNINGS PER SHARE |
|
|
|
| |||
Profit from continuing operations available to shareholders | $ | | $ | | |||
Dividend to preferred shareholders, net of tax |
| – |
| | |||
Profit for the period available to shareholders | | | |||||
Basic weighted average shares outstanding1 |
| |
| | |||
Basic earnings per share from continuing operations available to shareholders | $ | | $ | | |||
Basic earnings per share available to shareholders | $ | | $ | | |||
DILUTED EARNINGS PER SHARE |
|
| |||||
Profit from continuing operations available to shareholders | $ | | $ | | |||
Adjusted profit for the period available to shareholders | $ | | $ | | |||
Basic weighted average shares outstanding |
| |
| | |||
Dilutive effect of: |
|
| |||||
Restricted share and performance bonus grants |
| – |
| | |||
Deferred share grants |
| – |
| | |||
Deferred share units | | – | |||||
Options |
| |
| – | |||
Shares outstanding on a diluted basis |
| |
| | |||
Diluted earnings from continuing operations per share available to shareholders | $ | | $ | | |||
Diluted earnings per share available to shareholders | $ | | $ | |
1
15. COMMITMENTS AND CONTINGENCIES
Commitments for each of the next five years and thereafter are as follows:
As at June 30, 2021
| Less than 1 year |
| 1–3 years |
| 4–5 years |
| More than 5 years |
| Total | ||||||
Gas, electricity and non-commodity contracts | $ | | $ | | $ | | $ | | $ | |
(a) Surety bonds and letters of credit
Pursuant to separate arrangements with several bond agencies, Just Energy has issued surety bonds to various counterparties including states, regulatory bodies, utilities and various other surety bond holders in return for a fee and/or meeting certain collateral posting requirements. Such surety bond postings are required in order to operate in certain states or markets. Total surety bonds issued as at June 30, 2021 amounted to $
As at June 30, 2021, Just Energy had total letters of credit outstanding in the amount of $
2021 FIRST QUARTER REPORT TO SHAREHOLDERS | JUST ENERGY | F-24. |
NOTES TO THE INTERIM CONDENSED CONSOLIDATED FINANCIAL STATEMENTS
For the three months ended June 30, 2021
(unaudited in thousands of Canadian dollars, except where indicated and per share amounts)
(b) Legal proceedings
Just Energy’s subsidiaries are party to a number of legal proceedings. Other than as set out below, Just Energy believes that each proceeding constitutes legal matters that are incidental to the business conducted by Just Energy and that the ultimate disposition of the proceedings will not have a material adverse effect on its consolidated earnings, cash flows or financial position.
On March 9, 2021, Just Energy filed for and received creditor protection pursuant to the Court Order under the CCAA and similar protection under Chapter 15 of the Bankruptcy Code in the United States in connection with the Weather Event.
In May 2015, Kia Kordestani, a former door-to-door independent contractor sales representative for Just Energy Corp., filed a lawsuit against Just Energy Corp., Just Energy Ontario L.P. and the Company (collectively referred to as “Just Energy”) in the Superior Court of Justice, Ontario, claiming status as an employee and seeking benefits and protections of the Employment Standards Act, 2000, such as minimum wage, overtime pay, and vacation and public holiday pay on his own behalf and similarly situated door-to-door sales representatives who sold in Ontario. On Just Energy’s request, Mr. Kordestani was removed as a plaintiff but replaced with Haidar Omarali, also a former door-to-door sales representative. On July 27, 2016, the Court granted Omarali’s request for certification, but refused to certify Omarali’s request for damages on an aggregate basis and refused to certify Omarali’s request for punitive damages. Omarali’s motion for summary judgment was dismissed in its entirety on June 21, 2019. The matter was set for trial in November 2021. However, pursuant to the CCAA proceedings, these proceedings have been stayed. Just Energy denies the allegations and will vigorously defend against these claims, if they proceed.
On July 23, 2019, Just Energy announced that, as part of its Strategic Review process, management identified customer enrolment and non-payment issues, primarily in Texas. In response to this announcement, and in some cases in response to this and other subsequent related announcements, putative class action lawsuits were filed in the United States District Court for the Southern District of New York, in the United States District Court for the Southern District of Texas and in the Ontario Court, on behalf of investors that purchased Just Energy Group Inc. securities during various periods, ranging from November 9, 2017 through August 19, 2019. The U.S. lawsuits have been consolidated in the United States District Court for the Southern District of Texas with one lead plaintiff and the Ontario lawsuits have been consolidated with one lead plaintiff. The U.S. lawsuit seeks damages allegedly arising from violations of the United States Securities Exchange Act. The Ontario lawsuit seeks damages allegedly arising from violations of Canadian securities legislation and of common law. The Ontario lawsuit was subsequently amended to, among other things, extend the period to July 7, 2020. On September 2, 2020, pursuant to Just Energy’s plan of arrangement, the Superior Court of Justice (Ontario) ordered that all existing equity class action claimants shall be irrevocably and forever limited solely to recovery from the proceeds of the insurance policies payable on behalf of Just Energy or its directors and officers in respect of any such existing equity class action claims, and such existing equity class action claimants shall have no right to, and shall not, directly or indirectly, make any claim or seek any recoveries from any of the released parties or any of their respective current or former officers and directors in respect of any existing equity class action claims, other than enforcing their rights to be paid by the applicable insurer(s) from the proceeds of the applicable insurance policies. Pursuant to the CCAA proceedings, these proceedings have been stayed. Just Energy denies the allegations and will vigorously defend against these claims if they proceed.
2021 FIRST QUARTER REPORT TO SHAREHOLDERS | JUST ENERGY | F-25. |