If the laws were changed, would this application still follow the current process or the amended process?

Response from the Solicitor:

If the law was changed, then the law, as changed, would have to be complied with. 

However, the optimum time to change the EFS Act would have been before Invenergy submitted its application to the EFSB.  It is legally troubling to change the law once the application has been submitted.  However, the extent of changes to the EFS ACT, with respect to the process, would dictate whether the change would survive a legal challenge.

That means, that unless the change was challenged in court and declared to be unconstitutional, the new law with the changes would have to be followed.