GE exits Canadian mortgage business

By Globe and Mail


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The global credit crisis has claimed another victim in the Canadian mortgage industry as General Electric Co. winds up its mortgage operations here.

After three years in the business, GE Money Canada said it has stopped taking new mortgage applications. It's the latest in a string of alternative lenders that have decided to scale back operations or close shop amid the credit crunch.

Lenders who relied on bundling and selling loans to fund new mortgages have run into trouble as the securitization market went dry.

GE uses its own capital to fund mortgages, and in its case the decision is part of a broader corporate strategy to shift away from consumer financing, said Stephen Motta, chief executive officer of GE Money Canada.

"This was precipitated by the credit market turmoil, and the need to deploy capital more effectively," Mr. Motta said.

The business is worth less than $1-billion and has 50 employees, some of whom will find new jobs within GE.

GE exited its U.S. subprime lending business in July, 2007, and has been scaling back its mortgage operations around the world. Just recently the company said it was realigning its operations to focus on its core business areas: infrastructure, media and finance.

The company is also considering strategic options for its credit card operations, including GE Money Canada's business primarily consisting of private label cards, Mr. Motta said. However it will continue to focus on expanding a division that provides loans for power sports equipment and other big-ticket items.

Other foreign-based lenders that have recently departed the Canadian mortgage lending market include HSBC Financial Corp. Ltd. and Accredited Home Lenders.

"This is the one major, direct impact on the Canadian mortgage market from what's happened in the U.S.," said Jim Murphy, president of Canadian Association of Accredited Mortgage Professionals. "My concern is that fewer mortgage providers means less choice and options for Canadian borrowers."

GE Money Canada will finish processing current mortgage applications, and will hold existing mortgages on its books until their terms conclude.

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Operating record for Bruce Power as Covid-19 support Council announced

Bruce Power Life-Extension Programme advances Ontario nuclear capacity through CANDU Major Component Replacement, reliable operation milestones, supply chain retooling for COVID-19 recovery, PPE production, ventilator projects, and medical isotope supply security.

 

Key Points

A program to refurbish CANDU reactors, extend asset life, and mobilize Ontario nuclear supply chain and isotopes.

✅ Extends CANDU units via Major Component Replacement

✅ Supports COVID-19 recovery with PPE and ventilator projects

✅ Boosts Ontario energy reliability and medical isotopes

 

Canada’s Bruce Power said on 1 May that unit 1 at the Bruce nuclear power plant had set a record of 624 consecutive days of reliable operation – the longest since it was returned to service in 2012.

It exceeded Bruce 8’s run of 623 consecutive days between May 2016 and February 2018. Bruce 1, a Candu reactor, was put into service in 1977. It was shut down and mothballed by the former Ontario Hydro in 1997, and was refurbished and returned to service in 2012 by Bruce Power.

Bruce units 3 and 4 were restarted in 2003 and 2004. They are part of Bruce Power’s Life-Extension Programme, and future planning such as Bruce C project exploration continues across the fleet, with units 3 and 4 to undergo Major Component Replacement (MCR) Projects from 2023-28, adding about 30 years of life to the reactors.

The refurbishment of Bruce 6 has begun and will be followed by MCR Unit 3 which is scheduled to begin in 2023. Nuclear power accounts for more than 60% of Ontario’s supply, with Bruce Power providing more than 30%   of the province’s electricity.

Set up of Covid recovery council
On 30 April, Bruce Power announced the establishment of the Bruce Power Retooling and Economic Recovery Council to leverage the province’s nuclear supply chain to support Ontario’s fight against Covid-19 and to help aid economic recovery.

Bruce Power’s life extension programme is Canada’s second largest infrastructure project and largest private sector infrastructure programme. It is creating 22,000 direct and indirect jobs, delivering economic benefits that are expected to contribute $4 billion to Ontario’s GDP and $8-$11 billion to Canada’s gross domestic product (GDP), Bruce Power said.

“With 90% of the investment in manufactured goods and services coming from 480 companies in Ontario and other provinces, including recent manufacturing contracts with key suppliers, we can harness these capabilities in the fight against Covid-19, and help drive our economic recovery,” the company said.

“An innovative and dynamic nuclear supply chain is more important than ever in meeting this new challenge while successfully implementing our mission of providing clean, reliable, flexible, low-cost nuclear energy and a global supply of medical isotopes,” said Bruce Power president and CEO Mike Rencheck. “We are mobilising a great team with our extended supply chain, which spans the province, to assist in the fight against Covid-19 and to help drive our economic recovery in the future.”

Greg Rickford, the Minister of Energy, Mines, Northern Development, and Minister of Indigenous Affairs, said the launch of the council is consistent with Ontario’s focus to fight Covid-19 as a top priority and a look ahead to economic recovery, and initiatives like Pickering life extensions supporting long-term system reliability.

The creation of the Council was announced during a live event on Bruce Power's Facebook page, in which Rencheck was joined by Associate Minister of Energy Bill Walker and Rocco Rossi, the president and CEO of the Ontario Chamber of Commerce.

Walker reiterated the Government of Ontario’s commitment to nuclear power over the long term and to the life extension programme, including the Pickering B refurbishment as part of this strategy.

The Council, which will be formed for the duration of the pandemic and will include of all of Bruce Power’s Ontario-based suppliers, will focus on the continued retooling of the supply chain to meet front-line Covid-19 needs to contribute to the province’s economy recovery in the short, medium and long term.

New uses for nuclear medical applications will be explored, including isotopes for the sterilisation of medical equipment and long-term supply security.

The supply chain will be leveraged to support the health care sector through the rapid production of medical Personal Protection Equipment for front line-workers and large-scale PPE donations to communities as well as participation in pilot projects to make ventilators within the Bruce Power supply chain or help identify technology to better utilise existing ventilators;

“Buy Local” tools and approaches will be emphasised to ensure small businesses are utilised fully in communities where nuclear suppliers are located.

The production of hand sanitiser and other cleaning products will be facilitated for distribution to communities.

 

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'That can keep you up at night': Lessons for Canada from Europe's power crisis

Canada Net-Zero Grid Lessons highlight Europe's energy transition risks: Germany's power prices, wind and solar variability, nuclear phaseout, grid reliability, storage, market design, policy reforms, and distributed energy resources for resilient decarbonization.

 

Key Points

Lessons stress an all-of-the-above mix, robust market design, storage, and nuclear to ensure reliability, affordability.

✅ Diversify: nuclear, hydro, wind, solar, storage for reliability.

✅ Reform markets and grid planning for integration and flexibility.

✅ Build fast: streamline permitting, invest in transmission and DERs.

 

Europe is currently suffering the consequences of an uncoordinated rush to carbon-free electricity that experts warn could hit Canada as well unless urgent action is taken.

Power prices in Germany, for example, hit a record 91 euros ($135 CAD) per megawatt-hour earlier this month. That is more than triple what electricity costs in Ontario, where greening the grid could require massive investment, even during periods of peak demand.

Experts blame the price spikes in large part on a chaotic transition to a specific set of renewable electricity sources - wind and solar - at the expense of other carbon-free supplies such as nuclear power. Germany, Europe’s largest economy, plans to close its last remaining nuclear power plant next year despite warnings that renewables are not being added to the German grid quickly enough to replace that lost supply.

As Canada prepares to transition its own electricity grid to 100 per cent net-zero supplies by 2035, with provinces like Ontario planning new wind and solar procurement, experts say the European power crisis offers lessons this country must heed in order to avoid a similar fate.

'A CAUTIONARY TALE'
“Some countries have rushed their transition without thinking about what people need and when they need it,” said Chris Bentley, managing director of Ryerson University’s Legal Innovation Zone who also served as Ontario’s Minister of Energy from 2011 to 2013, in an interview. “Germany has experienced a little bit of this issue recently when the wind wasn’t blowing.”

Wind power usually provides between 20 and 30 per cent of Germany’s electricity needs, but the below-average breeze across much of continental Europe in recent months has pushed that figure down.

“There is a cautionary tale from the experience in Europe,” said Francis Bradley, chief executive officer of the Canadian Electricity Association, in an interview. “There was also a cautionary tale from what took place this past winter in Texas,” he added, referring to widespread power failures in Texas spawned by a lack of backup power supplies during an unusually cold winter that led to many deaths.

The first lesson Canada must learn from those cautionary tales, Bradley said, “is the need to pursue an all-of-the-above approach.”

“It is absolutely essential that every opportunity and every potential technology for low-carbon or no-carbon electricity needs to be pursued and needs to be pursued to the fullest,” he said.

The more important lesson for Canada, according to Binnu Jeyakumar, is about the need for a more holistic, nuanced approach to our own net-zero transition.

“It is very easy to have runaway narratives that just pinpoint the blame on one or two issues, but the lesson here isn’t really about the reliability of renewables as there are failures that occur across all sources of electricity supply,” said Jeyakumar, director of clean energy for the Pembina Institute, in an interview. 

“The takeaway for us is that we need to get better at learning how to integrate an increasingly diverse electricity grid,” she said. “It is not necessarily the technologies themselves, it is about how we do grid planning, how are our markets structured and are we adapting them to the trends that are evolving in the electricity and energy sectors.”
 

'ABSOLUTELY ENORMOUS' CHALLENGE IS 'ALMOST MIND-BENDING'
Canada already gets the vast majority of its electricity from emission-free sources. Hydro provides roughly 60 per cent of our power, nuclear contributes another 15 per cent and renewables such as wind and solar contribute roughly seven per cent more, according to federal government data.

Tempting as it might be to view the remaining 18 per cent of Canadian electricity that is supplied by oil, natural gas and coal as a small enough proportion that it should be relatively easy to replace, with some analyses warning that scrapping coal abruptly can be costly for consumers, the reality is much more difficult.

“It is the law of diminishing returns or the 80-20 rule where the first 80 per cent is easy but the last 20 per cent is hard,” Bradley explained. “We already have an electricity sector that is 80 per cent GHG-free, so getting rid of that last 20 per cent is the really difficult part because the low-hanging fruit has already been picked.”

Key to successfully decarbonizing Canada’s power grid will be the recognition that electricity demand is constantly growing, a point reinforced by a recent power challenges report that underscores the scale. That means Canada needs to build out enough emission-free power sources to replace existing fossil fuel-based supplies while also ensuring adequate supplies for future demand.


“It is one thing to say that by 2035 we are going to have a decarbonized electricity system, but the challenge really is the amount of additional electricity that we are going to need between now and 2035,” said John Gorman, chief executive officer of the Canadian Nuclear Association, which has argued that nuclear is key to climate goals in Canada, and former CEO of the Canadian Solar Industries Association, in an interview. “It is absolutely enormous, I mean, it is almost mind-bending.”

Canada will need to triple the amount of electricity produced nationwide by 2050, according to a report from SNC-Lavalin published earlier this year, and provinces such as Ontario face a shortfall over the next few years, Gorman said. Gorman said that will require adding between five and seven gigawatts of new installed capacity to Canada’s electricity grid every year from 2021 through 2050 or more than twice the amount of new power supply Canada brings online annually right now.

For perspective, consider Ontario’s Bruce Power nuclear facility. It took 27 years to bring that plant to its current 6.4 gigawatt (GW) capacity, but meeting Canada’s decarbonization goals will require adding roughly the equivalent capacity of Bruce Power every year for the next three decades.

“The task of creating enough electricity in the coming years is truly enormous and governments have not really wrapped their heads around that yet,” Gorman said. “For those of us in the energy sector, it is the type of thing that can keep you up at night.”

GOVERNMENT POLICY 'HELD HOSTAGE' BY 'DINOSAURS'
The Pembina Institute’s Jeyakumar agreed “the last mile is often the most difficult” and will require “a concerted effort both at the federal level and the provincial level.”

Governments will “need to be able to support innovation and solutions such as non-wires alternatives,” she said. “Instead of building a massive new transmission line or beefing up an old one, you could put a storage facility at the end of an existing line. Distributed energy resources provide those kinds of non-wires alternatives and they are already cost-effective and competitive with oil and gas.”

For Glen Murray, who served as Ontario’s minister of infrastructure and transportation from early 2013 to mid-2014 before assuming the environment and climate change portfolio until his resignation in mid-2017, that is a key lesson governments have yet to learn.

“We are moving away from a centralized distribution model to distributed systems where individual buildings and homes and communities will supply their own electricity needs,” said Murray, who currently works for an urban planning software company in Winnipeg, in an interview. “Yet both the federal and provincial governments are assuming that we are going to continue to have large, centralized generation of power, but that is simply not going to be the case.”

“Government policy is not focused on driving that because they are held hostage by their own hydro utilities and the big gas companies,” Murray said. “They are controlling the agenda even though they are the dinosaurs.”

Referencing the SNC-Lavalin report, Gorman noted as many as 45 small, modular nuclear reactors as well as 20 conventional nuclear power plants will be required in the coming decades, with jurisdictions like Ontario exploring new large-scale nuclear as part of that mix: “And that is in the context of also maximizing all the other emission-free electricity sources we have available as well from wind to solar to hydro and marine renewables,” Gorman said, echoing the “all-of-the-above” mindset of the Canadian Electricity Association.

There are, however, “fundamental rules of the market and the regulatory system that make it an uneven playing field for these new technologies to compete,” said Jeyakumar, agreeing with Murray’s concerns. “These are all solvable problems but we need to work on them now.”
 

'2035 IS TOMORROW'
According to Bentley, the former Ontario energy minister-turned academic, “the government's role is to match the aspiration with the means to achieve that aspiration.”

“We have spent far more time as governments talking about the goals and the high-level promises [of a net-zero electricity grid by 2035] without spending as much time as we need to in order to recognize what a massive transformation this will mean,” Bentley said. “It is easy to talk about the end-goal, but how do you get there?”

The Canadian Electricity Assocation’s Bradley agreed “there are still a lot of outstanding questions about how we are going to turn those aspirations into actual policies. The 2035 goal is going to be very difficult to achieve in the absence of seeing exactly what the policies are that are going to move us in that direction.”

“It can take a decade to go through the processes of consultations and planning and then building and getting online,” Bradley said. “Particularly when you’re talking about big electricity projects, 2035 is tomorrow.”

Jeyakumar said “we cannot afford to wait any longer” for policies to be put in place as the decisions governments make today “will then lock us in for the next 30 or 40 years into specific technologies.”

“We need to consider it like saving for retirement,” said Gorman of the Canadian Nuclear Association. “Every year that you don’t contribute to your retirement savings just pushes your retirement one more year into the future.”

 

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France and Germany arm wrestle over EU electricity reform

EU Electricity Market Reform CFDs seek stable prices via contracts for difference, balancing renewables and nuclear, shielding consumers, and boosting competitiveness as France and Germany clash over scope, grid expansion, and hydrogen production.

 

Key Points

EU framework using contracts for difference to stabilize power prices, support renewables and nuclear, and protect users.

✅ Guarantees strike prices for new low-carbon generation

✅ Balances consumer protection with industrial competitiveness

✅ Disputed scope: nuclear inclusion, grids, hydrogen eligibility

 

Despite record temperatures this October, Europe is slowly shifting towards winter - its second since the Ukraine war started and prompted Russia to cut gas supplies to the continent amid an energy crisis that has reshaped policy.

After prices surged last winter, when gas and electricity bills “nearly doubled in all EU capitals”, the EU decided to take emergency measures to limit prices.

In March, the European Commission proposed a reform to revamp the electricity market “to boost renewables, better protect consumers and enhance industrial competitiveness”.

However, France and Germany are struggling to find a compromise as rolling back prices is tougher than it appears and the clock is ticking as European energy ministers prepare to meet on 17 October in Luxembourg.


The controversy around CFDs
At the heart of the issue are contracts for difference (CFDs).

By providing a guaranteed price for electricity, CFDs aim to support investment in renewable energy projects.

France - having 56 nuclear reactors - is lobbying for nuclear energy to be included in the CFDs, but this has caught the withering eye of Germany.

Berlin suspects Paris of wanting an exception that would give its industry a competitive advantage and plead that it should only apply to new investments.


France wants ‘to regain control of the price’
The disagreement is at the heart of the bilateral talks in Hamburg, which started on Monday, between the French and German governments.

French President Emmanuel Macron promised “to regain control of the price of electricity, at the French and European level” and outlined a new pricing scheme in a speech at the end of September.

As gas electricity is much more expensive than nuclear electricity, France might be tempted to switch to a national system rather than a European one after a deal with EDF on prices to be more competitive economically.

However, France is "confident" that it will reach an agreement with Germany on electricity market reforms, Macron said on Friday.

Siding with France are other pro-nuclear countries such as Hungary, the Czech Republic and Poland, while Germany can count on the support of Austria, Luxembourg, Belgium and Italy amid opposition from nine EU countries to treating market reforms as a price fix.

But even if a last-minute agreement is reached, the two countries’ struggles over energy are creeping into all current European negotiations on the subject.

Germany wants a massive extension of electricity grids on the continent so that it can import energy; France is banking on energy sovereignty and national production.

France wants to be able to use nuclear energy to produce clean hydrogen, while Germany is reluctant, and so on.

 

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Can California Manage its Solar Boom?

California Duck Curve highlights midday solar oversupply and steep evening peak demand, stressing grid stability. Solutions include battery storage, demand response, diverse renewables like wind, geothermal, nuclear, and regional integration to reduce curtailment.

 

Key Points

A mismatch between midday solar surplus and evening demand spikes, straining the grid without storage and flexibility.

✅ Midday solar oversupply forces curtailment and wasted clean energy.

✅ Evening ramps require fast, fossil peaker plants to stabilize load.

✅ Batteries, demand response, regional trading flatten the curve.

 

California's remarkable success in adopting solar power, including a near-100% renewable milestone, has created a unique challenge: managing the infamous "duck curve." This distinctive curve illustrates a growing mismatch between solar electricity generation and the state's energy demands, creating potential problems for grid stability and ultimately threatening to slow California's progress in the fight against climate change.


The Shape of the Problem

The duck curve arises from a combination of high solar energy production during midday hours and surging energy demand in the late afternoon and evening when solar power declines. During peak solar hours, the grid often has an overabundance of electricity, and curtailments are increasing as a result, while as the sun sets, demand surges when people return home and businesses ramp up operations. California's energy grid operators must scramble to make up this difference, often relying on fast-acting but less environmentally friendly power sources.


The Consequences of the Duck Curve

The increasing severity of the duck curve has several potential consequences for California:

  • Grid Strain: The rapid ramp-up of power sources to meet evening demand puts significant strain on the electrical grid. This can lead to higher operational costs and potentially increase the risk of blackouts during peak demand times.
  • Curtailed Energy: To avoid overloading the grid, operators may sometimes have to curtail excess solar energy during midday, as rising curtailment reports indicate, essentially wasting clean electricity that could have been used to displace fossil fuel generation.
  • Obstacle to More Solar: The duck curve can make it harder to add new solar capacity, as seen in Alberta's solar expansion challenges, for fear of further destabilizing the grid and increasing the need for fossil fuel-based peaking plants.


Addressing the Challenge

California is actively seeking solutions to mitigate the duck curve, aligning with national decarbonization pathways that emphasize practicality. Potential strategies include:

  • Energy Storage: Deploying large-scale battery storage can help soak up excess solar electricity during the day and release it later when demand peaks, smoothing out the duck curve.
  • Demand Flexibility: Encouraging consumers to shift their energy use to off-peak hours through incentives and smart grid technologies can help reduce late-afternoon surges in demand.
  • Diverse Power Sources: While solar is crucial, a balanced mix of energy sources, including geothermal, wind, and nuclear, can improve grid stability and reduce reliance on rapid-response fossil fuel plants.
  • Regional Cooperation: Integrating California's grid with neighboring states can aid in balancing energy supply and demand across a wider geographical area.


The Ongoing Solar Debate

The duck curve has become a central point of debate about the future of California's energy landscape. While acknowledging the challenge, solar advocates argue for continued expansion, backed by measures like a bill to require solar on new buildings, emphasizing the urgent need to transition away from fossil fuels. Grid operators and some utility companies call for a more cautious approach, emphasizing grid reliability and potential costs if the problem isn't effectively managed.


Balancing California's Needs and its Green Ambitions

Finding the right path forward is essential; it will determine whether California can continue to lead the way in solar energy adoption while ensuring a reliable and affordable electricity supply. Successfully navigating the duck curve will require innovation, collaboration, and a strong commitment to building a sustainable energy system, as wildfire smoke impacts on solar continue to challenge generation predictability.

 

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Ford announces an all-electric Transit cargo van

Ford Electric Transit is an all electric cargo van for US and Canada, launching 2021, with 4G LTE hotspot, fleet telematics, GPS tracking, and driver assistance safety tech; battery, range, and performance specs TBD.

 

Key Points

An all electric cargo van with fleet telematics, 4G LTE, and driver assistance features for US and Canada.

✅ 4G LTE hotspot, live GPS tracking, and diagnostics

✅ Fleet telematics and management tools for operations

✅ Driver assistance: AEB, lane keeping, and collision warning

 

Ford is making an all-electric version of its popular Transit cargo van for the US and Canadian markets, slated to be released in 2021, aligning with Ford’s EV manufacturing plans to scale production across North America. The company did not share any specifics about the van’s battery pack size, estimated range, or performance characteristics. Ford previously announced an electric Transit for the European market in 2019.

The new cargo van will come equipped with a 4G LTE hotspot and will be outfitted with a number of tech features designed for fleet managers, like live GPS tracking and diagnostics, mirroring moves by Volvo’s electric trucks aimed at connected operations. The electric Transit van will also be equipped with a number of Ford’s safety and driver assistance features, like collision warning and assist, automatic emergency braking, pedestrian detection, and automatic lane-keeping.

Ford said it didn’t have any news to share about an electric version of its Transit passenger van “at this time,” even as the market reaches an EV inflection point for adoption.

Ford’s Transit van is the bestselling cargo van in the US, though it has seen increased competition over the last few years from Mercedes-Benz, which recently refreshed its popular Sprinter van, while others pursue electrified freight like Tesla’s electric truck plans that expand options.

Mercedes-Benz has already unveiled an electric version of the Sprinter, which comes in two configurations, targeting delivery networks where UPS’s Tesla Semi orders signal growing demand. There’s a version with a 55kWh battery pack that can travel 168 kilometers (104 miles) on a full charge, and has a payload capacity of 891 kilograms (1,964 pounds). Mercedes-Benz is making a version with a smaller 41kWh battery pack that goes 115 kilometers (72 miles), but which can carry up to 1,045 (2,304 pounds). Both versions come with 10.5 cubic meters (370.8 cubic feet) of storage space.

Mercedes-Benz also announced the EQV concept a year ago, which is an electric van aimed at slightly more everyday use, reflecting broader people-moving trends as electric bus adoption faces hurdles worldwide. The company touted more promising specs with the slightly smaller EQV, saying it will get around 249 miles out of a 100kWh battery pack. Oh, and it has 200 horsepower on offer and will be equipped with the company’s MBUX infotainment system.

Another player in the space is EV startup Rivian, which will build 100,000 electric delivery vans for Amazon over the next few years. Ford has invested $500 million in Rivian, and the startup is helping build a luxury electric SUV for the automotive giant’s Lincoln brand, though the two van projects don’t seem to be related, as Ford and others also boost gas-electric hybrid strategies in the US. Ford is also collaborating with Volkswagen on commercial vans after the two companies formed a global alliance early last year.

 

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Ontario takes constitutional challenge of its global adjustment electricity fee to Supreme Court

Ontario Global Adjustment Supreme Court Appeal spotlights a constitutional challenge to Ontario's electricity charge, pitting National Steel Car against the IESO over regulatory charge vs tax, procurement policy, and renewable energy feed-in tariff contracts.

 

Key Points

An SCC leave bid on whether Ontario's global adjustment is a valid regulatory charge or an unconstitutional tax.

✅ Appeals Court revived case for full record review

✅ Dispute centers on regulatory charge vs tax classification

✅ FIT renewables contracts and procurement policies at issue

 

The Ontario government wants the Supreme Court of Canada to weigh in on a constitutional challenge being brought against a large provincial electricity charge, a case the province claims raises issues of national importance.

Ontario’s attorney general and its Independent Electricity System Operator applied for permission to appeal to the Supreme Court in January, according to the court’s website.

The province is trying to appeal a Court of Appeal decision reinstating the challenge from November that said a legal challenge by Hamilton, Ont.-based National Steel Car Ltd. should be sent back to a lower-court for a full hearing.

Court reinstates constitutional challenge to Ontario's hefty ‘global adjustment’ electricity charge
National Steel Car appealing decision in legal challenge of Ontario electricity fee it calls an unconstitutional tax
Doug Ford’s cancellation of green energy deals costs Ontario taxpayers $231 million
National Steel Car launched its legal challenge in 2017, with the maker of steel rail cars claiming the province’s global adjustment electricity charge was a tax intended to fund certain post-financial-crisis policy goals. Since it is allegedly a tax, and one not imposed by the provincial legislature, the company’s argument is the global adjustment is unconstitutional, and also in breach of a provincial law requiring a referendum for new taxes.

The global adjustment mostly bridges the gap between the province’s hourly electricity price and the price guaranteed under contracts and regulated rates with power generators. It also helps cover the cost of building new electricity infrastructure and providing conservation programs, but the fee now makes up most of the commodity portion of a household power bill in the province.

Ontario argued the global adjustment is a valid regulatory charge, and moved to have National Steel Car’s challenge thrown out. An Ontario Superior Court judge agreed, and dismissed the challenge in 2018, saying it was “plain, obvious and beyond doubt” it could not succeed. However, an appeals court judge disagreed, writing in a decision last November that the “merits should not have been determined on a pleadings motion and without the development of a full record.”

In filings made to the Supreme Court, both the IESO and Ontario’s Ministry of the Attorney General argued their proposed appeals raise “issues of national and public importance,” such as whether incorporating environmental and social policy goals in procurement could turn attempts by a public body to recover costs into an unconstitutional tax.

Most applications for leave to appeal to the Supreme Court are dismissed, but the Ontario government claims the court’s guidance is required in this case, as it could lead to questions being raised about other fees or charges, such as money raised from fishing licences.

“A failure to dispose of this claim at the pleadings stage may well result in such uncertainty that public authorities across Canada decline to incorporate the kind of environmental and social policy goals objected to in this case into the decisions they make about how to spend funds raised from regulatory charges,” the filing from the attorney general states. “Alternatively, it may induce governments not to engage in cost recovery in connection with publicly supplied goods and services, which can otherwise be sound public policy.”

The government has so far had to pay National Steel Car $250,000 in legal costs “to avoid responding to the credible claim that the Global Adjustment is an unconstitutional tax,” said David Trafford of Morse Shannon LLP, one of National Steel Car’s lawyers.

“The application for leave to appeal is the next step in this effort to avoid having to respond to the case on the merits,” Trafford added in an email.

The application for leave to appeal is the next step in this effort to avoid having to respond to the case on the merits

David Trafford of Morse Shannon, one of National Steel Car’s lawyers
 
National Steel Car has particularly taken issue with the part of the global adjustment that funded contracts for renewable energy under a “feed-in tariff” program, or FIT, which the company called “the main culprit behind the dramatic price increases for electricity.”

The FIT program has been ended, but contracts awarded under it remain in place and form part of the global adjustment. Ontario’s auditor general estimated in 2015 that electricity consumers would pay $9.2 billion more for renewable energy under the government’s guaranteed-price program, a figure that later featured in a dispute between the auditor and the electricity regulator that drew political attention.

National Steel Car said its global adjustment costs grew from $207,260 in 2008 to almost $3.4 million in 2016, reflecting how high electricity rates have pressured manufacturers, to almost $3.4 million in 2016. For 2018, there was approximately $11.2 billion in global adjustment collected, according to the IESO’s reporting.

A spokesperson for the IESO said it “is not in a position to comment” because the case is still before the courts.

Electricity prices have been an ongoing problem for both Ontario consumers and politicians, which the previous Liberal government tried to address in 2017 by, among other things, refinancing global-adjustment costs through the Fair Hydro Plan and other measures.

Since National Steel Car filed its lawsuits, though, the Liberals lost power in the province and were succeeded in 2018 by Premier Doug Ford and the Progressive Conservatives, who made changes to the previous government’s power policies, including legislation to lower electricity rates introduced early in their mandate.

The province has also pursued interprovincial power arrangements, including building on an electricity deal with Quebec as part of its broader energy strategy.

“The present government of Ontario does not agree with the former government’s electricity procurement program, which ceased awarding new contracts in 2016,” Ontario’s attorney general said in a filing. “However, Ontario submits that (the lower-court judge) was correct in holding that it does not give rise to a claim susceptible to being remedied by the courts.”

 

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