Ontario: First place in North America to end coal-fired power

By Province of Ontario


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Recently, Premier Kathleen Wynne welcomed Al Gore, former Vice-President of the United States and Chairman of the Climate Reality Project, to the MaRs Discovery Centre in Toronto. They highlighted the closure of Ontario's coal-burning Lambton and Atikokan facilities ahead of schedule, and the upcoming closure of the Nanticoke Generating Station - the largest coal plant in North America.

Over the next year, Thunder Bay Generating Station will stop burning coal and will be converted to use advanced biomass, a fuel for electricity generation. This is the last major step in Ontario's plan to eliminate coal-fired electricity.

Next week, as part of Ontario's commitment to combat climate change, the province will also introduce the Ending Coal for Cleaner Air Act to ensure the public health and climate change benefits of eliminating coal use for electricity generation in Ontario would be protected by legislation.

The Ending Coal for Cleaner Air Act would ensure that once coal facilities stop operating by the end of 2014, coal burning generation on the electricity grid will never happen again.

Protecting the environment while providing clean, reliable and affordable power is part of the government's plan to invest in people, build modern infrastructure and support a dynamic and innovative business climate across Ontario.

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Don't be taken in by scammers threatening to shut off electricity: Manitoba Hydro

Manitoba Hydro Phone Scam targets small businesses with disconnection threats, prepaid card payments, caller ID spoofing, phishing texts, and door-to-door fraud; hang up, verify your account directly, and never share banking information.

 

Key Points

A scam where callers threaten disconnection and demand prepaid cards; verify account status directly with Manitoba Hydro.

✅ Hang up and call Manitoba Hydro at 1-888-624-9376 to verify.

✅ Never pay by prepaid cards, gift cards, or crypto.

✅ Hydro will not cut power on one-hour notice.

 

Manitoba Hydro is warning customers, particularly small business owners, to be wary of high-pressure scammers, as Ontario utilities warn of scams in other provinces, threatening to shut off their electricity.

The callers demand the customer to make immediate payment by a prepaid card. Often, the calls are made in the middle of the day at a busy time, frightening the customer with aggressive threats about disconnection, as hydro disconnections have made headlines elsewhere, says hydro spokesman Bruce Owen.

"They tell them 'we have a truck on the way to cut off your power. If you don't pay in the next hour you're out of luck,'" he said.

"And because these folks have inventory in freezers and they have customers … they're willing to fork over several hundred or even several thousand dollars on a prepaid card to somebody they don't know to keep the lights on."

Maybe the business owners can't recall, with everything happening, including discussions about Hydro One peak rates in Ontario, if they've made their payments on time. They start second-guessing and believing the person on the other line, Owen says.

And they worry about losing thousands of dollars in business if they lose power. So they're more than willing to run out to a store, buy a prepaid debit card and provide the number to the caller.

"Their goal is to manipulate you into sending money before you figure out it's a scam," said Chris McColm, hydro's security and investigations supervisor. "These people are crooks and you should hang up on them."

For any customers that are in arrears, hydro will work with them to resolve the issue, Owen said.

"We do not have to take that extreme measure of cutting off or disconnecting anybody. That's not the business we're in — we don't strong arm people that way," he said.

"Anybody who's threatening to cut off your power with an hour or half-an-hour notice, well it's it's no better than someone waiting around the corner, waiting the club you over the head in the dark of night. That's what they are."

 

Fraud reports soar

The power utility has recorded a nearly-300 per cent jump in the number of fraud-related complaints this year over 2017. There have been 862 phone, text and e-mail scams and that could still go much higher.

The current statistics from 2018 have only calculated up to Oct. 31. In 2017, there were 221.

That jump in numbers doesn't necessarily mean there are more scammers out there.

It could simply mean people are finally getting wise to fraudsters and reporting it more, Owen says.

"At the same token, we don't hear of everybody who's been taking advantage of because once they've found out that they've been hoodwinked they don't want to tell anybody because they're so embarrassed," he said.

"These scammers can be very convincing and anyone can be victimized," McColm said.

If you are able to think clearly when some high-pressure caller gets you on the line, Owen suggests asking a few simple questions to challenge their legitimacy:

  • What street am I on?
  • What does my business look like? 
  • What's the weather outside right now?

Phone scammers can falsify their caller ID information to make it appear they're calling from a local number, but what you'll find is most of them aren't in Winnipeg or Manitoba and likely not even this country or continent, Owen says.

The key to being safe is simply to never give out banking information, Owen says. It's a message that has been stressed for years and 80-90 per cent of people understand it, but it's that other 10-20 per cent that are still being victimized.And it's not just phone calls. Many other fraud-related complaints to Manitoba Hydro this year concerned unsolicited text messages to customers saying they had been overbilled, or faced retroactive charges elsewhere, and were eligible for a refund.

This scam is also aimed at getting a customer's personal banking information, under the guise of having money put back into their account.

Also, many people, especially seniors living alone, continue to be targeted by aggressive door-to-door fraudsters, and cases like the electricity theft ring in Montreal underscore the risks, McColm says. However, he adds, hydro employees always display photo ID and will never demand to come into a home. 

If you're unsure whether a phone call, text or email is real or a scam, contact Manitoba Hydro at 1-888-624-9376.

 

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Romania moves to terminate talks with Chinese partner in nuke project

Romania Ends CGN Cernavoda Nuclear Deal, as Nuclearelectrica moves to terminate negotiations on reactors 3 and 4, citing the EU Green Deal, US partnership, NATO, and a shift to alternative nuclear capacity options.

 

Key Points

Romania orders Nuclearelectrica to end CGN talks on Cernavoda units 3-4 and pursue alternative nuclear options.

✅ Negotiations on Cernavoda units 3-4 to be formally terminated

✅ EU Green Deal and US partnership cited over security concerns

✅ Board to draft strategies for new domestic nuclear capacity

 

Romania's government has mandated the managing board of local nuclear power producer Nuclearelectrica to initiate procedures for terminating negotiations with China General Nuclear Power Group (CGN) on building two new reactors at the Cernavoda nuclear power plant, where IAEA safety reports continue to shape operations.

The government also mandated the managing board to analyse and draw up strategic options on the construction of new electricity generation capacities from nuclear sources, as other countries such as India take steps to get nuclear back on track in response to demand.

The company will negotiate the termination of the agreement signed in 2015 for developing and operating units 3 and 4 at Cernavoda, even as Germany turns away from nuclear within the European landscape. 

At the end of last month, Economy Minister Virgil Popescu said that the collaboration with the Chinese company couldn't continue as it has yielded no results in seven years, despite China's nuclear program expanding steadily elsewhere.

"We have a strategic partnership with the US, and we hold on to it, we respect our partners. We are members of the EU and Nato, even as Germany's final reactor closures unfold in Europe. Aside from that, I think that seven years since this collaboration with the Chinese company began is enough to realise that we can't move on," Popescu said at that time.

Liberal Prime Minister Ludovic Orban announced in January that the government would exit the deal with its Chinese partner. He invoked the European Union's Green Deal rather than security issues or cost concerns circulated previously as the main reason behind a potential end of the deal with CGN to expand Romania's only nuclear power plant, amid concerns that Europe is losing nuclear power when it needs energy.

In August last year, the US included CGN on a blacklist for allegedly trying to get nuclear technology from the US to be used for military purposes in China, even as nuclear cooperation with Cambodia expands in the region.

 

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NRC Begins Special Inspection at River Bend Nuclear Power Plant

NRC Special Inspection at River Bend reviews failures of portable emergency diesel generators, nuclear safety measures, and Entergy Operations actions after Fukushima; off-site power loss readiness, remote COVID-19 oversight, and corrective action plans are assessed.

 

Key Points

An NRC review of generator test failures at River Bend, assessing nuclear safety, root causes, and corrective actions.

✅ Evaluates failures of portable emergency diesel generators

✅ Reviews causal analyses and adequacy of corrective actions

✅ Remote COVID-19 oversight; public report expected within 45 days

 

The Nuclear Regulatory Commission has begun a special inspection at the River Bend nuclear power plant, part of broader oversight that includes the Turkey Point renewal application, to review circumstances related to the failure of five portable emergency diesel generators during testing. The plant, operated by Entergy Operations, is located in St. Francisville, La., as nations like France outage risks continue to highlight broader reliability concerns.

The generators are used to supply power to plant systems in the event of a prolonged loss of off-site electrical power coupled with a failure of the permanently installed emergency generators, a concern underscored by incidents such as the SC nuclear plant leak that shut down production for weeks. These portable generators were acquired as part of the facility's safety enhancements mandated by the NRC following the 2011 accident at the Fukushima Dai-ichi facility in Japan, and amid constraints like France limiting output from warm rivers, the emphasis on resilience remains.

The three-member NRC team will develop a chronology of the test failures and evaluate the licensee's causal analyses and the adequacy of corrective actions, informed by lessons from cases like Davis-Besse closure stakes that underscore risk management.

Due to the COVID-19 pandemic, they will complete most of their work remotely, while other regions address constraints such as high river temperatures limiting output for nuclear stations. An inspection report documenting the team's findings, released as global nuclear project milestones continue across the sector, will be publicly available within 45 days of the end of the inspection.
 

 

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Here's what we know about the mistaken Pickering nuclear alert one week later

Pickering Nuclear Alert Error prompts Ontario investigation into the Alert Ready emergency alert system, Pelmorex safeguards, and public response at Pickering Nuclear Generating Station, including potassium iodide orders and geo-targeted notification issues.

 

Key Points

A mistaken Ontario emergency alert about the Pickering plant, now under probe for human error and system safeguards.

✅ Investigation led by Emergency Management Ontario

✅ Alert Ready and Pelmorex safeguards under review

✅ KI pill demand surged; geo-targeting questioned

 

A number of questions still remain a week after an emergency alert was mistakenly sent out to people across Ontario warning of an unspecified incident at the Pickering Nuclear Generating Station. 

The province’s solicitor general has stepped in and says an investigation into the incident should be completed fairly quickly according to the minister.

However, the nuclear scare has still left residents on edge with tens of thousands of people ordering potassium iodide, or KI, pills that protect the body from radioactive elements in the days following the incident.

Here’s what we know and still don’t know about the mistaken Pickering nuclear plant alert:

Who sent the alert?

According to the Alert Ready Emergency Alert System website, the agency works with several federal, provincial and territorial emergency management officials, Environment and Climate Change Canada and Pelmorex, a broadcasting industry and wireless service provider, to send the alerts.

Martin Belanger, the director of public alerting for Pelmorex, a company that operates the alert system, said there are a number of safeguards built in, including having two separate platforms for training and live alerts.

"The software has some steps and some features built in to minimize that risk and to make sure that users will be able to know whether or not they're sending an alert through the... training platform or whether they're accessing the live system in the case of a real emergency," he said.

Only authorized users have access to the system and the province manages that, Belanger said. Once in the live system, features make the user aware of which platform they are using, with various prompts and messages requiring the user's confirmation. There is a final step that also requires the user to confirm their intent of issuing an alert to cellphones, radio and TVs, Belanger said.

Last Sunday, a follow-up alert was sent to cellphones nearly two hours after the original notification, and during separate service disruptions such as a power outage in London residents also sought timely information.

What has the investigation revealed?

It’s still unclear as to how exactly the alert was sent in error, but Solicitor General Sylvia Jones has tapped the Chief of Emergency Management Ontario to investigate.

"It's very important for me, for the people of Ontario, to know exactly what happened on Sunday morning," Jones said.

Jones said initial observations suggest human error was responsible for the alert that was sent out during routine tests of the emergency alert.

“I want to know what happened and equally important, I want some recommendations on insurances and changes we can make to the system to make sure it doesn't happen again,” Jones said.

Jones said she expects the results of the probe to be made public.

Can you unsubscribe from emergency alerts?

It’s not possible to opt out of receiving the alerts, according to the Alert Ready Emergency Alert System website, and Ontario utilities warn about scams to help customers distinguish official notices.

“Given the importance of warning Canadians of imminent threats to the safety of life and property, the CRTC requires wireless service providers to distribute alerts on all compatible wireless devices connected to an LTE network in the target area,” the website reads.

The agency explains that unlike radio and TV broadcasting, the wireless public alerting system is geo-targeted and is specific to the a “limited area of coverage”, and examples like an Alberta grid alert have highlighted how jurisdictions tailor notices for their systems.

“As a result, if an emergency alert reaches your wireless device, you are located in an area where there is an imminent danger.”

The Pickering alert, however, was received by people from as far as Ottawa to Windsor.

Is the Pickering Nuclear Generating Station closing?

The Pickering nuclear plant has been operating since 1971, and had been scheduled to be decommissioned this year, but the former Liberal government -- and the current Progressive Conservative government -- committed to keeping it open until 2024. Decommissioning is now set to start in 2028.

It operates six CANDU reactors, and in contingency planning operators have considered locking down key staff to maintain reliability, generates 14 per cent of Ontario's electricity and is responsible for 4,500 jobs across the region, according to OPG, while utilities such as Hydro One's relief programs have supported customers during broader crises.

What should I do if I receive an emergency alert?

Alert Ready says that if you received an alert on your wireless device it’s important to take action “safely”.

“Stop what you are doing when it is safe to do so and read the emergency alert,” the agency says on their website.

“Alerting authorities will include within the emergency alert the information you need and guidance for any action you are required to take, and insights from U.S. grid pandemic response underscore how critical infrastructure plans intersect with public safety.”

“This could include but is not limited to: limit unnecessary travel, evacuate the areas, seek shelter, etc.”

The wording of last Sunday's alert caused much initial confusion, warning residents within 10 kilometres of the plant of "an incident," though there was no "abnormal" release of radioactivity and residents didn't need to take protective steps, but emergency crews were responding.

“In the event of a real emergency, the wording would be different,” Jones said.

 

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Chief Scientist: we need to transform our world into a sustainable ‘electric planet’

Hydrogen Energy Transition advances renewable energy integration via electrolysis, carbon capture and storage, and gas hybrids to decarbonize industry, steel, and transport, enable grid storage, replace ammonia feedstocks, and export clean power across continents.

 

Key Points

Scaling clean hydrogen with renewables and CCS to cut emissions in power and industry, and enable clean transport.

✅ Electrolysis and CCS provide low-emission hydrogen at scale.

✅ Balances renewables with storage and flexible gas assets.

✅ Decarbonizes steel, ammonia, heavy transport, and exports.

 

I want you to imagine a highway exclusively devoted to delivering the world’s energy. Each lane is restricted to trucks that carry one of the world’s seven large-scale sources of primary energy: coal, oil, natural gas, nuclear, hydro, solar and wind.

Our current energy security comes at a price, as Europe's power crisis shows, the carbon dioxide emissions from the trucks in the three busiest lanes: the ones for coal, oil and natural gas.

We can’t just put up roadblocks overnight to stop these trucks; they are carrying the overwhelming majority of the world’s energy supply.

But what if we expand clean electricity production carried by the trucks in the solar and wind lanes — three or four times over — into an economically efficient clean energy future?

Think electric cars instead of petrol cars. Think electric factories instead of oil-burning factories. Cleaner and cheaper to run. A technology-driven orderly transition. Problems wrought by technology, solved by technology.

Read more: How to transition from coal: 4 lessons for Australia from around the world

Make no mistake, this will be the biggest engineering challenge ever undertaken. The energy system is huge, and even with an internationally committed and focused effort the transition will take many decades.

It will also require respectful planning and retraining to ensure affected individuals and communities, who have fuelled our energy progress for generations, are supported throughout the transition.

As Tony, a worker from a Gippsland coal-fired power station, noted from the audience on this week’s Q+A program:

The workforce is highly innovative, we are up for the challenge, we will adapt to whatever is put in front of us and we have proven that in the past.

This is a reminder that if governments, industry, communities and individuals share a vision, a positive transition can be achieved.

The stunning technology advances I have witnessed in the past ten years, such as the UK's green industrial revolution shaping the next waves of reactors, make me optimistic.

Renewable energy is booming worldwide, and is now being delivered at a markedly lower cost than ever before.

In Australia, the cost of producing electricity from wind and solar is now around A$50 per megawatt-hour.

Even when the variability is firmed with grid-scale storage solutions, the price of solar and wind electricity is lower than existing gas-fired electricity generation and similar to new-build coal-fired electricity generation.

This has resulted in substantial solar and wind electricity uptake in Australia and, most importantly, projections of a 33% cut in emissions in the electricity sector by 2030, when compared to 2005 levels.

And this pricing trend will only continue, with a recent United Nations report noting that, in the last decade alone, the cost of solar electricity fell by 80%, and is set to drop even further.

So we’re on our way. We can do this. Time and again we have demonstrated that no challenge to humanity is beyond humanity.

Ultimately, we will need to complement solar and wind with a range of technologies such as high levels of storage, including gravity energy storage approaches, long-distance transmission, and much better efficiency in the way we use energy.

But while these technologies are being scaled up, we need an energy companion today that can react rapidly to changes in solar and wind output. An energy companion that is itself relatively low in emissions, and that only operates when needed.

In the short term, as Prime Minister Scott Morrison and energy minister Angus Taylor have previously stated, natural gas will play that critical role.

In fact, natural gas is already making it possible for nations to transition to a reliable, and relatively low-emissions, electricity supply.

Look at Britain, where coal-fired electricity generation has plummeted from 75% in 1990 to just 2% in 2019.

Driving this has been an increase in solar, wind, and hydro electricity, up from 2% to 27%. At the same time, and this is key to the delivery of a reliable electricity supply, electricity from natural gas increased from virtually zero in 1990 to more than 38% in 2019.

I am aware that building new natural gas generators may be seen as problematic, but for now let’s assume that with solar, wind and natural gas, we will achieve a reliable, low-emissions electricity supply.

Is this enough? Not really.

We still need a high-density source of transportable fuel for long-distance, heavy-duty trucks.

We still need an alternative chemical feedstock to make the ammonia used to produce fertilisers.

We still need a means to carry clean energy from one continent to another.

Enter the hero: hydrogen.


Hydrogen could fill the gaps in our energy needs. Julian Smith/AAP Image
Hydrogen is abundant. In fact, it’s the most abundant element in the Universe. The only problem is that there is nowhere on Earth that you can drill a well and find hydrogen gas.

Don’t panic. Fortunately, hydrogen is bound up in other substances. One we all know: water, the H in H₂O.

We have two viable ways to extract hydrogen, with near-zero emissions.

First, we can split water in a process called electrolysis, using renewable electricity or heat and power from nuclear beyond electricity options.

Second, we can use coal and natural gas to split the water, and capture and permanently bury the carbon dioxide emitted along the way.

I know some may be sceptical, because carbon capture and permanent storage has not been commercially viable in the electricity generation industry.

But the process for hydrogen production is significantly more cost-effective, for two crucial reasons.

First, since carbon dioxide is left behind as a residual part of the hydrogen production process, there is no additional step, and little added cost, for its extraction.

And second, because the process operates at much higher pressure, the extraction of the carbon dioxide is more energy-efficient and it is easier to store.

Returning to the electrolysis production route, we must also recognise that if hydrogen is produced exclusively from solar and wind electricity, we will exacerbate the load on the renewable lanes of our energy highway.

Think for a moment of the vast amounts of steel, aluminium and concrete needed to support, build and service solar and wind structures. And the copper and rare earth metals needed for the wires and motors. And the lithium, nickel, cobalt, manganese and other battery materials needed to stabilise the system.

It would be prudent, therefore, to safeguard against any potential resource limitations with another energy source.

Well, by producing hydrogen from natural gas or coal, using carbon capture and permanent storage, we can add back two more lanes to our energy highway, ensuring we have four primary energy sources to meet the needs of the future: solar, wind, hydrogen from natural gas, and hydrogen from coal.

Read more: 145 years after Jules Verne dreamed up a hydrogen future, it has arrived

Furthermore, once extracted, hydrogen provides unique solutions to the remaining challenges we face in our future electric planet.

First, in the transport sector, Australia’s largest end-user of energy.

Because hydrogen fuel carries much more energy than the equivalent weight of batteries, it provides a viable, longer-range alternative for powering long-haul buses, B-double trucks, trains that travel from mines in central Australia to coastal ports, and ships that carry passengers and goods around the world.

Second, in industry, where hydrogen can help solve some of the largest emissions challenges.

Take steel manufacturing. In today’s world, the use of coal in steel manufacturing is responsible for a staggering 7% of carbon dioxide emissions.

Persisting with this form of steel production will result in this percentage growing frustratingly higher as we make progress decarbonising other sectors of the economy.

Fortunately, clean hydrogen can not only provide the energy that is needed to heat the blast furnaces, it can also replace the carbon in coal used to reduce iron oxide to the pure iron from which steel is made. And with hydrogen as the reducing agent the only byproduct is water vapour.

This would have a revolutionary impact on cutting global emissions.

Third, hydrogen can store energy, as with power-to-gas in pipelines solutions not only for a rainy day, but also to ship sunshine from our shores, where it is abundant, to countries where it is needed.

Let me illustrate this point. In December last year, I was privileged to witness the launch of the world’s first liquefied hydrogen carrier ship in Japan.

As the vessel slipped into the water I saw it not only as the launch of the first ship of its type to ever be built, but as the launch of a new era in which clean energy will be routinely transported between the continents. Shipping sunshine.

And, finally, because hydrogen operates in a similar way to natural gas, our natural gas generators can be reconfigured in the future as hydrogen-ready power plants that run on hydrogen — neatly turning a potential legacy into an added bonus.

Hydrogen-powered economy
We truly are at the dawn of a new, thriving industry.

There’s a nearly A$2 trillion global market for hydrogen come 2050, assuming that we can drive the price of producing hydrogen to substantially lower than A$2 per kilogram.

In Australia, we’ve got the available land, the natural resources, the technology smarts, the global networks, and the industry expertise.

And we now have the commitment, with the National Hydrogen Strategy unanimously adopted at a meeting by the Commonwealth, state and territory governments late last year.

Indeed, as I reflect upon my term as Chief Scientist, in this my last year, chairing the development of this strategy has been one of my proudest achievements.

The full results will not be seen overnight, but it has sown the seeds, and if we continue to tend to them, they will grow into a whole new realm of practical applications and unimagined possibilities.

 

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National Steel Car appealing decision in legal challenge of Ontario electricity fee it calls an unconstitutional tax

Ontario Global Adjustment Appeal spotlights Ontario's electricity fee, regulatory charge vs tax debate, FIT contracts, green energy policy, and constitutional challenge as National Steel Car contests soaring power costs before the Ontario Superior Court.

 

Key Points

Court challenge over Ontario's global adjustment fee, disputing its status as a regulatory charge instead of a tax.

✅ Challenges classification of global adjustment as tax vs regulatory charge.

✅ Focuses on FIT contracts, renewable energy payments, power cost impacts.

✅ Appeals Ontario ruling; implications for ratepayers and policy.

 

A manufacturer of steel rail cars is pursuing an appeal after its lawsuit challenging the constitutionality of a major Ontario electricity fee was struck down earlier this year.

Lawyers for Hamilton, Ont.-based National Steel Car Ltd. filed a notice of appeal in July after Ontario Superior Court Justice Wendy Matheson ruled in June that an electricity fee known as the global adjustment charge was a regulatory charge, and not an unconstitutional tax used to finance policy goals, as National Steel Car alleges.

The company, the decision noted, began its legal crusade last year after seeing its electricity bills had “increased dramatically” since the Ontario government passed green energy legislation nearly a decade ago, and amid concerns that high electricity rates are hurting Ontario manufacturers.

Under that legislation, the judge wrote, “private suppliers of renewable energy were paid to ’feed in’ energy into Ontario’s electricity grid.” The contracts for these so-called “feed-in tariff” contracts, or FIT contracts, were the “primary focus” of the lawsuit.

“The applicant seeks a declaration that part of the amount it has paid for electricity is an unconstitutional tax rather than a valid regulatory charge,” the judge added. “More specifically, it challenges part of the Global Adjustment, which is a component of electricity pricing and incorporates obligations under FIT contracts.”

Chiefly representing the difference between Ontario’s market price for power and the guaranteed price owed to generators, global adjustment now makes up the bulk of the commodity cost of electricity in the province. The fee has risen over the past decade, amid calls to reject steep Nova Scotia rate hikes as well — costing electricity customers $37 billion in global adjustment from 2006 to 2014, according to the province’s auditor general — because of investments in the electricity grid and green-energy contracts, among other reasons.

National Steel Car argued the global adjustment is a tax, and an unconstitutional one at that because it violated a section of the Constitution Act requiring taxes to be authorized by the legislature. The company also said the imposition of the global adjustment broke an Ontario law requiring a referendum to be held for new taxes.

The province, Justice Matheson wrote, had argued “that it is plain and obvious that these applications will fail.” In a decision released in June, the judge granted motions to strike out National Steel Car’s applications.

“The Global Adjustment,” she added, “is not a tax because its purpose, in pith and substance, is not to tax, and it is a regulatory charge and therefore, again, not a tax.”

Now, National Steel Car is arguing that the judge erred in several ways, including in fact, “by finding that the FIT contracts must be paid, when they can be cancelled.”

There has been a change in government at Queen’s Park since National Steel Car first filed its lawsuit last year, and that change has put green energy contracts under fire. The Progressive Conservative government of new Premier Doug Ford has already made a number of decisions on the electricity file, such as moving to cancel and wind down more than 750 renewable energy contracts, as well as repealing the province’s Green Energy Act.

The Tories also struck a commission of inquiry into the province’s finances that warned the global adjustment “may be struck down as unconstitutional,” a warning delivered amid cases where Nova Scotia's regulator approved a 14% rate hike in a high-profile decision.

“There is a risk that a court may find the global adjustment is not a valid regulatory charge if shifting costs over a longer period of time inadvertently results in future ratepayers cross-subsidizing today’s ratepayers,” the commission’s report said.

A spokesperson for Ontario’s Ministry of Energy, Northern Development and Mines said in an email that it would be “inappropriate to comment about the specifics of any case before the courts or currently under arbitration.”

National Steel Car is also prepared to fight its case all the way up to the Supreme Court of Canada, according to its lawyer.

“What is clear from our proceeding with the appeal is National Steel Car has every intention of seeing that lawsuit through to its conclusion if this government isn’t interested or prepared to reasonably settle it,” Jerome Morse said.

 

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