Winds of change rock Wolfe Island

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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Geothermal Emergency Permitting accelerates BLM approvals on public lands via categorical exclusions for exploratory drilling and geophysical surveys, boosting domestic energy security, cutting timelines by up to a year, and streamlining low-impact reviews.

Key Points

A policy fast-tracking geothermal exploration on public lands, using BLM categorical exclusions to cut review delays.

✅ Categorical exclusions speed exploratory drilling approvals

✅ Cuts permitting timelines by up to one year

✅ Focused on public lands to enhance energy security

In a significant policy shift, the U.S. Department of the Interior has introduced emergency permitting procedures aimed at expediting the development of geothermal energy projects. This initiative, announced on May 30, 2025, is part of a broader strategy to enhance domestic energy production, seen in proposals to replace Obama's power plant overhaul and reduce reliance on foreign energy sources.

Background and Rationale

The decision to fast-track geothermal energy projects comes in the wake of President Donald Trump's declaration of a national energy emergency, which faces a legal challenge from Washington's attorney general, on January 20, 2025. This declaration cited high energy costs and an unreliable energy grid as threats to national security and economic prosperity. While the emergency order includes traditional energy resources such as oil, gas, coal, and uranium and nuclear energy resources, it notably excludes renewable sources like solar, wind, and hydrogen from its scope.

Geothermal energy, which harnesses heat from beneath the Earth's surface to generate electricity, is considered a reliable and low-emission energy source. However, its development has been hindered by lengthy permitting processes and environmental reviews, with recent NEPA rule changes influencing timelines. The new emergency permitting procedures aim to address these challenges by streamlining the approval process for geothermal projects.

Key Features of the Emergency Permitting Procedures

Under the new guidelines, the Bureau of Land Management (BLM) has adopted categorical exclusions to expedite the review and approval of geothermal energy exploration on public lands. These exclusions allow for faster permitting of low-impact activities, such as drilling exploratory wells and conducting geophysical surveys, without the need for extensive environmental assessments.

Additionally, the BLM has proposed a new categorical exclusion that would apply to operations related to the search for indirect evidence of geothermal resources. This proposal is currently open for public comment and, if finalized, would further accelerate the discovery of new geothermal resources on public lands.

Expected Impact on Geothermal Energy Development

The implementation of these emergency permitting procedures is expected to significantly reduce the time and cost associated with developing geothermal energy projects. According to the Department of the Interior, the new measures could cut permitting timelines by up to a year for certain types of geothermal exploration activities.

This acceleration in project development is particularly important given the untapped geothermal potential in regions like Nevada, which is home to some of the largest undeveloped geothermal resources in the country.

Industry and Environmental Reactions

The geothermal industry has largely welcomed the new permitting procedures, viewing them as a necessary step to unlock the full potential of geothermal energy. Industry advocates argue that reducing permitting delays will facilitate the deployment of geothermal projects, contributing to a more reliable and sustainable energy grid amid debates over electricity pricing changes that affect market signals.

However, the exclusion of solar and wind energy projects from the emergency permitting procedures has drawn criticism from some environmental groups. Critics argue that a comprehensive approach to energy development should include all renewable sources, not just geothermal, to effectively address climate change, as reflected in new EPA pollution limits for coal and gas power plants, and promote energy sustainability.

The U.S. government's move to implement emergency permitting procedures for geothermal energy development marks a significant step toward enhancing domestic energy production and reducing reliance on foreign energy sources. By streamlining the approval process for geothermal projects, the administration aims to accelerate the deployment of this reliable and low-emission energy source. While the exclusion of other renewable energy sources from the emergency procedures has sparked debate, especially after states like California halted an energy rebate program during a federal freeze, the focus on geothermal energy underscores its potential role in the nation's energy future.

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BC Ferries Electrification accelerates zero-emission vessels, Canada Infrastructure Bank financing, and fast charging infrastructure to cut greenhouse gas emissions, lower operating costs, and reduce noise across British Columbia's Island-class routes.

Key Points

BC Ferries Electrification is the plan to deploy zero-emission ferries and charging, funded by CIB, to reduce emissions.

✅ $75M CIB loan funds four electric ferries and chargers

✅ Cuts 9,000 tonnes CO2e annually on short Island-class routes

✅ Quieter service, lower operating costs, and redeployed hybrids

British Columbia is taking a significant step towards a cleaner transportation future with the electrification of its ferry fleet. BC Ferries, the province's ferry operator, has secured a $75 million loan from the Canada Infrastructure Bank (CIB) to fund the purchase of four zero-emission ferries and the necessary charging infrastructure to support them.

This marks a turning point for BC Ferries, which currently operates a fleet reliant on diesel fuel. The new Island-class electric ferries will be deployed on shorter routes, replacing existing hybrid ships on those routes. These hybrid ferries will then be redeployed on routes that haven't yet been converted to electric, maximizing their lifespan and efficiency.

Environmental Benefits

The transition to electric ferries is expected to deliver significant environmental benefits. The new vessels are projected to eliminate an estimated 9,000 tonnes of greenhouse gas emissions annually, and electric ships on the B.C. coast already demonstrate similar gains, contributing to British Columbia's ambitious climate goals. Additionally, the quieter operation of electric ferries will create a more pleasant experience for passengers and reduce noise pollution for nearby communities.

Economic Considerations

The CIB loan plays a crucial role in making this project financially viable. The low-interest rate offered by the CIB will help to keep ferry fares more affordable for passengers. Additionally, the long-term operational costs of electric ferries are expected to be lower than those of diesel-powered vessels, providing economic benefits in the long run.

Challenges and Opportunities

While the electrification of BC Ferries is a positive development, there are some challenges to consider. The upfront costs of electric ferries and charging infrastructure are typically higher than those of traditional options, though projects such as the Kootenay Lake ferry show growing readiness. However, advancements in battery technology are constantly lowering costs, making electric ferries a more cost-effective choice over time.

Moreover, the transition presents opportunities for job creation in the clean energy sector, with complementary initiatives like the hydrogen project broadening demand. The development, construction, and maintenance of electric ferries and charging infrastructure will require skilled workers, potentially creating a new avenue for economic growth in British Columbia.

A Pioneering Example

BC Ferries' electrification initiative sets a strong precedent for other ferry operators worldwide, including Washington State Ferries pursuing hybrid-electric upgrades. This project demonstrates the feasibility and economic viability of transitioning to cleaner marine transportation solutions. As battery technology and charging infrastructure continue to develop, we can expect to see more widespread adoption of electric ferries across the globe.

The collaboration between BC Ferries and the CIB paves the way for a greener future for BC's transportation sector, where efforts like Harbour Air's electric aircraft complement marine electrification. With cleaner air, quieter operation, and a positive impact on climate change, this project is a win for the environment, the economy, and British Columbia as a whole.

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Canadian Electricity Innovation drives a customer-centric, data-driven grid, integrating renewable energy, EVs, storage, and responsive loads to boost reliability, resilience, affordability, and sustainability while aligning regulators, utilities, and policy for decarbonization.

Key Points

A plan to modernize the grid, aligning utilities, regulators, and tech to deliver clean, reliable, affordable power.

✅ Smart grid supports EVs, storage, solar, and responsive loads.

✅ Innovation funding and regulatory alignment cut long-term costs.

✅ Resilience rises against extreme weather and outage risks.

For more than 100 years, Canadian electricity companies had a very simple mandate: provide reliable, safe power to all. Keep the lights on, as some would say. And they did just that.

Today, however, they are expected to also provide a broad range of energy services through a data-driven, customer-centric system operations platform that can manage, among other things, responsive loads, electric vehicles, storage devices and solar generation. All the while meeting environmental and social sustainability — and delivering on affordability.

Not an easy task, especially amid a looming electrical supply crunch that complicates planning.

That’s why this new mandate requires an ironclad commitment to innovation excellence. Not simply replacing “like with like,” or to make incremental progress, but to fundamentally reimagine our electricity system and how Canadians relate to it.

Our innovators in the electricity sector are stepping up to the plate and coming up with ingenious ideas, thanks to an annual investment of some $20 billion.

#google#

But they are presented with a dilemma.

Although Canada enjoys among the cleanest, most reliable electricity in the world, we have seen a sharp spike in its politicization. Electricity rates have become the rage and a top-of-mind issue for many Canadians, as highlighted by the Ontario hydro debate over rate plans. Ontario’s election reflects that passion.

This heightened attention places greater pressure on provincial governments, who regulate prices, and in jurisdictions like the Alberta electricity market questions about competition further influence those decisions. In turn, they delegate down to the actual regulators where, at their public hearings, the overwhelming and almost exclusive objective becomes: Keeping costs down.

Consequently, innovation pilot applications by Canadian electricity companies are routinely rejected by regulators, all in the name of cost constraints.

Clearly, electricity companies must be frugal and keep rates as low as possible.

No one likes paying more for their electricity. Homeowners don’t like it and neither do businesses.

Ironically, our rates are actually among the lowest in the world. But the mission of our political leaders should not be a race to the basement suite of prices. Nor should cheap gimmicks masquerade as serious policy solutions. Not if we are to be responsible to future generations.

We must therefore avoid, at all costs, building on the cheap.

Without constant innovation, reliability will suffer, especially as we battle more extreme weather events. In addition, we will not meet the future climate and clean energy targets such as the Clean Electricity Regulations for 2050 that all governments have set and continuously talk about. It is therefore incumbent upon our governments to spur a dynamic culture of innovation. And they must sync this with their regulators.

This year’s federal budget failed to build on the 2017 investments. One-time public-sector funding mechanisms are not enough. Investments must be sustained for the long haul.

To help promote and celebrate what happens when innovation is empowered by utilities, the Canadian Electricity Association has launched Canada’s first Centre of Excellence on electricity. The centre showcases cutting-edge development in how electricity is produced, delivered and consumed. Moreover, it highlights the economic, social and environmental benefits for Canadians.

One of the innovations celebrated by the centre was developed by Nova Scotia’s own NS Power. The company has been recognized for its groundbreaking Intelligent Feeder Project that generates power through a combination of a wind farm, a substation, and nearly a dozen Tesla batteries, reflecting broader clean grid and battery trends across Canada.

Political leaders must, of course, respond to the emotions and needs of their electors. But they must also lead.

That’s why ongoing long-term investments must be embedded in the policies of federal, provincial and territorial governments, and their respective regulatory systems. And Canada’s private sector cannot just point the finger to governments. They, too, must deliver, by incorporating meaningful innovation strategies into their corporate cultures and vision.

That’s the straightforward innovation challenge, as it is for the debate over rates.

But it also represents a generational opportunity, because if we get innovation right we will build that better, greener future that Canadians aspire to.

Sergio Marchi is president and CEO of the Canadian Electricity Association. He is a former Member of Parliament, cabinet minister, and Canadian Ambassador to the World Trade Organization and United Nations in Geneva.

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BMW Hydrogen Fuel Cell Strategy positions iX5 and eDrive for zero-emission mobility, leveraging fuel cells, fast refueling, and hydrogen infrastructure as an alternative to BEVs, diversifying drivetrains across premium segments globally, rapidly.

Key Points

BMW's plan to commercialize hydrogen fuel-cell drivetrains like iX5 eDrive for scalable, zero-emission mobility.

✅ Fuel cells enable fast refueling and long range with water vapor only.

✅ Reduces reliance on lithium and cobalt via recyclable materials.

✅ Targets premium SUV iX5; limited pilots before broader rollout.

BMW is hanging in there with hydrogen, a stance mirrored in power companies' hydrogen outlook today. That’s what Oliver Zipse, the chairperson of BMW, reiterated during an interview last week in Goodwood, England. 

“After the electric car, which has been going on for about 10 years and scaling up rapidly, the next trend will be hydrogen,” he says. “When it’s more scalable, hydrogen will be the hippest thing to drive.”

BMW has dabbled with the idea of using hydrogen for power for years, even though it is obscure and niche compared to the current enthusiasm surrounding vehicles powered by electricity. In 2005, BMW built 100 “Hydrogen 7” vehicles that used the fuel to power their V12 engines. It unveiled the fuel cell iX5 Hydrogen concept car at the International Motor Show Germany in 2021. 

In August, the company started producing fuel-cell systems for a production version of its hydrogen-powered iX5 sport-utility vehicle. Zipse indicated it would be sold in the United States within the next five years, although in a follow-up phone call a spokesperson declined to confirm that point. Bloomberg previously reported that BMW will start delivering fewer than 100 of the iX5 hydrogen vehicles to select partners in Europe, the U.S., and Asia, where Asia leads on hydrogen fuel cells today, from the end of this year.

All told, BMW will eventually offer five different drivetrains to help diversify alternative-fuel options within the group, as hybrids gain renewed momentum in the U.S., Zipse says.

“To say in the U.K. about 2030 or the U.K. and in Europe in 2035, there’s only one drivetrain, that is a dangerous thing,” he says. “For the customers, for the industry, for employment, for the climate, from every angle you look at, that is a dangerous path to go to.” 

Zipse’s hydrogen dreams could even extend to the group’s crown jewel, Rolls-Royce, which BMW has owned since 1998. The “magic carpet ride” driving style that has become Rolls-Royce’s signature selling point is flexible enough to be powered by alternatives to electricity, says Rolls-Royce CEO Torsten Müller-Ötvös. 

“To house, let’s say, fuel cell batteries: Why not? I would not rule that out,” Müller-Ötvös told reporters during a roundtable conversation in Goodwood on the eve of the debut of the company’s first-ever electric vehicle, Spectre. “There is a belief in the group that this is maybe the long-term future.”

Such a vehicle would contain a hydrogen fuel-cell drivetrain combined with BMW’s electric “eDrive” system. It works by converting hydrogen into electricity to reach an electrical output of up to 125 kW/170 horsepower and total system output of nearly 375hp, with water vapor as the only emission, according to the brand.

Hydrogen’s big advantage over electric power, as EVs versus fuel cells debates note, is that it can supply fuel cells stored in carbon-fiber-reinforced plastic tanks. “There will [soon] be markets where you must drive emission-free, but you do not have access to public charging infrastructure,” Zipse says. “You could argue, well you also don’t have access to hydrogen infrastructure, but this is very simple to do: It’s a tank which you put in there like an old [gas] tank, and you recharge it every six months or 12 months.”

Fuel cells at BMW would also help reduce its dependency on raw materials like lithium and cobalt, because the hydrogen-based system uses recyclable components made of aluminum, steel, and platinum. 

Zipse’s continued commitment to prioritizing hydrogen has become an increasingly outlier position in the automotive world. In the last five years, electric-only vehicles have become the dominant alternative fuel — as the age of electric cars dawns ahead of schedule — if not yet on the road, where fewer than 3% of new cars have plugs, at least at car shows and new-car launches.

Rivals Mercedes-Benz and Audi scrapped their own plans to develop fuel cell vehicles and instead have poured tens of billions of dollars into developing pure-electric vehicle, including Daimler's electrification plan initiatives. Porsche went public to finance its own electric aspirations. 

BMW will make half of all new-car sales electric by 2030 across the group, with many expecting most drivers to go electric within a decade, which includes MINI and Rolls-Royce. 
 

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Alberta Renewable Energy Procurement is surging as corporate PPAs drive wind and solar growth, with the Pembina Institute and the Business Renewables Centre linking buyers and developers in Alberta's energy-only market near Medicine Hat.

Key Points

A market-led approach where corporations use PPAs to secure wind and solar power from Alberta projects.

✅ Corporate PPAs de-risk projects and lock in clean power.

✅ Alberta's energy-only market enables efficient transactions.

✅ Skilled workforce supports wind, solar, legal, and financing.

Alberta has big potential when it comes to providing renewable energy, advocates say.

The Pembina Institute says the practice of corporations committing to buy renewable energy is just taking off in Canada, and Alberta has both the energy sector and the skilled workforce to provide it.

Earlier this week, a company owned by U.S. billionaire Warren Buffett announced a large new wind farm near Medicine Hat. It has a buyer for the power.

Sara Hastings-Simon, director of the Pembina's Business Renewables Centre, says this is part of a trend.

"We're talking about the practice of corporate institutions purchasing renewables to meet their own electricity demand. And this is a really well-established driver for renewable energy development in the U.S.," she said. "You may be hearing headlines like Google, Apple and others that are buying renewables and we're helping to bring this practice to Canada."

The Business Renewables Centre (BRC) is a not-for-profit working to accelerate corporate and institutional procurement of renewables in Canada. The group held its inaugural all members event in Calgary on Thursday.

Hastings-Simon says shareholders and investors are encouraging more use of solar and wind power in Canada.

"We have over 10 gigawatts of renewable energy projects in the pipeline that are ready for buyers. And so we see multinational companies coming to Canada to start to procure here, as well as Canadian companies understanding that this is an opportunity for them as well," Hastings-Simon said.

"It's really exciting to see business interests driving renewable energy development."

Sara Hastings-Simon is the director of the Pembina Institute's Business Renewables Centre, which seeks to build up Alberta's renewable energy industry. (Mike Symington/CBC)

Hastings-Simon says renewable procurement could help dispel the narrative that it's all about oil and gas in Alberta by highlighting Alberta as a powerhouse for both green energy and fossil fuels in Canada.

She says the practice started with a handful of tech companies in the U.S. and has become more mainstream there, even as Canada remains a solar laggard to some observers, with more and more large companies wanting to reduce their energy footprint.

He says his U.S.-based organization has been working for years to speed up and expand the renewables market for companies that want to address their own sustainability.

"We try and make that a little bit easier by building out a community that can help to really reinforce each other, share lessons learned, best practices and then drive for transactions to have actual material impact worldwide," he said.

"We're really excited to be working with the Pembina group and the BRC Canada team," he said. "We feel our best value for this is just to support them with our experiences and lessons. They've been basically doing the same thing for many years helping to grow and grow and cultivate the market."

Porter says Alberta's market is more than ready.

"There are some precedent transactions already so people know it can work," he said. "The way Alberta is structured, being an energy-only market is useful. And I think that there is a strong ecosystem of both budget developers and service providers … that can really help these transactions get over the line."

As procurement ramps up, Hastings-Simon says Alberta already has the skilled workers needed to fill renewable energy jobs across the province.

"We have a lot of the knowledge that's needed, and that's everybody from the construction down through the legal and financing — all those pieces of building big projects," she said. "We are seeing increasing interest in people that want to become involved in that industry, and so there is increasing demand for training in things like solar power installation and wind technicians."

Hastings-Simon predicts an increase in demand for both the services and the workers.

"As this industry ramps up, we're going to need to have more workers that are active in those areas," she said. "So I think we can see a very nice increase — both the demand and the number of folks that are able to work in this field."

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