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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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Africa Energy Investment must quadruple, says IEA, to deliver electricity access via grids, mini-grids, and stand-alone solar PV, wind, hydropower, natural gas, and geothermal, targeting $120 billion annually and 2.5% of GDP.

Key Points

Africa Energy Investment funds reliable, low-carbon electricity via grids, mini-grids, and renewables.

✅ Requires about $120B per year, or 2.5% of GDP

✅ Mix: grids, mini-grids, stand-alone solar PV and wind

✅ Targets reliability, economic growth, and electricity access

African countries will need to quadruple their rate of investment in their power sectors for the next two decades to bring reliable electricity to all Africans, as outlined in the IEA’s path to universal access analysis, an International Energy Agency (IEA) study published on Friday said.

If African countries continue on their policy trajectories, 530 million Africans will still lack electricity in 2030, the IEA report said. It said bringing reliable electricity to all Africans would require annual investment of around $120 billion and a global push for clean, affordable power to mobilize solutions.

“We’re talking about 2.5% of GDP that should go into the power sector,” Laura Cozzi, the IEA’s Chief Energy Modeller, told journalists ahead of the report’s launch. “India’s done it over the past 20 years. China has done it, with solar PV growth outpacing any other fuel, too. So it’s something that is doable.”

Taking advantage of technological advances and optimizing natural resources, as highlighted in a renewables roadmap, could help Africa’s economy grow four-fold by 2040 while requiring just 50% more energy, the agency said.

Africa’s population is currently growing at more than twice the global average rate. By 2040, it will be home to more than 2 billion people. Its cities are forecast to expand by 580 million people, a historically unprecedented pace of urbanization.

While that growth will lead to economic expansion, it will pile pressure on power sectors that have already failed to keep up with demand, with the sub-Saharan electricity challenge intensifying across the region. Nearly half of Africans - around 600 million people - do not have access to electricity. Last year, Africa accounted for nearly 70% of the global population lacking power, a proportion that has almost doubled since 2000, the IEA found.

Some 80% of companies in sub-Saharan Africa suffered frequent power disruptions in 2018, leading to financial losses that curbed economic growth.

The IEA recommended changing how power is distributed, with mini-grids and stand-alone systems like household solar playing a larger role in complementing traditional grids as targeted efforts to accelerate access funding gain momentum.

According to IEA Executive Director Fatih Birol, with the right government policies and energy strategies, Africa has an opportunity to pursue a less carbon-intensive development path than other regions.

“To achieve this, it has to take advantage of the huge potential that solar, wind, hydropower, natural gas and energy efficiency offer,” he said.

Despite possessing the world’s greatest solar potential, Africa boasts just 5 gigawatts of solar photovoltaics (PV), or less than 1% of global installed capacity, a slow green transition that underscores the scale of the challenge, the report stated.

To meet demand, African nations should add nearly 15 gigawatts of PV each year through 2040. Wind power should also expand rapidly, particularly in Ethiopia, Kenya, Senegal and South Africa. And Kenya should develop its geothermal resources.

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British Columbia Bomb Cyclone disrupts coastal travel with severe wind gusts, heavy rainfall, widespread power outages, ferry cancellations, flooding, and landslides across Vancouver Island, straining emergency services and transport networks during the early holiday season.

Key Points

A rapidly intensifying storm hitting B.C.'s coast, causing damaging winds, heavy rain, power outages, and ferry delays.

✅ Wind gusts over 100 km/h and well above normal rainfall

✅ Power outages, flooded roads, and downed trees across the coast

✅ Ferry cancellations isolating communities and delaying supplies

A powerful storm, dubbed a "bomb cyclone," recently struck the British Columbia coast, wreaking havoc across the region. This intense weather system led to widespread disruptions, including power outages affecting tens of thousands of residents and the cancellation of ferry services, crucial for travel between coastal communities. The bomb cyclone is characterized by a rapid drop in pressure, resulting in extremely strong winds and heavy rainfall. These conditions caused significant damage, particularly along the coast and on Vancouver Island, where flooding and landslides led to fallen trees blocking roads, further complicating recovery efforts.

The storm's ferocity was especially felt in coastal areas, where wind gusts reached over 100 km/h, and rainfall totals were well above normal. The Vancouver region, already susceptible to storms during the winter months, faced dangerous conditions as power lines were downed, and transportation networks struggled to stay operational. Emergency services were stretched thin, responding to multiple weather-related incidents, including fallen trees, damaged infrastructure, and local flooding.

The ferry cancellations further isolated communities, especially those dependent on these services for essential supplies and travel. With many ferry routes out of service, residents had to rely on alternative transportation methods, which were often limited. The storm's timing, close to the start of the holiday season, also created additional challenges for those trying to make travel arrangements for family visits and other festive activities.

As cleanup efforts got underway, authorities warned that recovery would take time, particularly due to the volume of downed trees and debris. Crews worked to restore power and clear roads, while local governments urged people to stay indoors and avoid unnecessary travel, and BC Hydro's winter payment plan provided billing relief during outages. For those without power, the storm brought cold temperatures, and record electricity demand in 2021 showed how cold snaps strain the grid, making it crucial for families to find warmth and supplies.

In the aftermath of the bomb cyclone, experts highlighted the increasing frequency of such extreme weather events, driven in part by climate change and prolonged drought across the province. With the potential for more intense storms in the future, the region must be better prepared for these rapid weather shifts. Authorities are now focused on bolstering infrastructure to withstand such events, as all-time high demand has strained the grid recently, and improving early warning systems to give communities more time to prepare.

In the coming weeks, as British Columbia continues to recover, lessons learned from this storm will inform future responses to similar weather systems. For now, residents are advised to remain vigilant and prepared for any additional weather challenges, with recent blizzard and extreme cold in Alberta illustrating how conditions can deteriorate quickly.

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NL Hydro electricity credit delivers a one-time on-bill rebate from the rate stabilization fund, linked to oil prices and the Holyrood plant, via the Public Utilities Board, with payment deferrals and interest relief for customers.

Key Points

A one-time on-bill credit from the rate stabilization fund to cut power costs as oil prices remain low.

✅ One-time on-bill credit via the Public Utilities Board

✅ Funded by surplus in the rate stabilization fund

✅ Deferrals and 15 months interest assistance available

Most people who pay electricity bills will get a one-time credit as early as July.

The provincial government on Thursday outlined a new directive to the Public Utilities Board to provide a one-time credit for customers whose electricity rates are affected by the price of oil, part of an effort to shield ratepayers from Muskrat Falls overruns through recent agreements.

Electricity customers who are not a part of the Labrador interconnected system, including those using diesel on the north coast of Labrador, will receive the credit.

The credit, announced at a press conference Thursday morning, will come from the rate stabilization fund and comes as many customers have begun paying for Muskrat Falls on their bills, which has an estimated surplus of about $50 million because low oil prices mean NL Hydro has spent less on fuel for the Holyrood thermal generating station.

Normally a surplus would be paid out over a year, but customers this year will get the credit in a lump sum, as early as July, with the amount varying based on electricity usage.

"Given the difficult times many are finding themselves in, we believe an upfront, one-time on-bill credit would be much more helpful for customers than a small monthly decrease over the next 12 months," said Natural Resources Minister Siobhan Coady at the provincial government's announcement Thursday morning.

Premier Dwight Ball said with many households and businesses experiencing financial hardship, the one-time credit is meant to make life a little easier, noting that Nova Scotia's premier has urged regulators to reject a major hike elsewhere.

"We have requested that the board of commissioners of the Public Utilities Board, even as Nova Scotia's regulator approved a 14% increase recently, adopt a policy so that a credit will be dispersed immediately," Ball said.

"This is to help people when they need it the most.… We're doing what we can to support you."

The provincial government estimates someone whose power costs an average of $200 a month would get a one-time credit of about $130. Details of the plan will be left to the PUB.

Deferred payments allowed
Ball said the credit will make a "significant impact" on customers' July bills.

Both businesses and residential customers will also be able to defer payments, similar to Alberta's deferral program that shifted costs for unpaid bills, with up to $2.5 million in interest being waived on overdue accounts. Customers will be required to make agreed-upon monthly payments to their account, and there will be interest assistance for 15 months, beginning June 1.

Coady said customers can renegotiate their bills and defer payments, with the province picking up the tab for the interest.

"You can speak to a customer service agent and they will make accommodations, but you have to continue to make some version of a monthly payment," Coady

"The interest that may be accrued is going to be paid for by the provincial government, so if you're a business, a person, and you're having difficulty and you can't make what I would say is your normal payment, call your utility, make some arrangements."

Labrador's interconnected grid isn't affected by the price of oil, but those customers can take advantage of the interest relief.

Relief policies already put in place during the pandemic, like not disconnecting customers and providing options for more flexible bill payments, will continue, as utilities such as Hydro One reconnecting customers demonstrate in Ontario.

Credit not enough to support customers: PCs
While Ball said his government is doing what they can to help ratepayers, the opposition doesn't believe the announcement does enough to support those who need it.

Tony Wakeham, the Progressive Conservative MHA for Stephenville-Port au Port, said in a statement Thursday the credit simply gives people's money back to them, after the NL Consumer Advocate called an 18% rate hike unacceptable, and Newfoundland Power stands to benefit. 

"The Liberal government would like ratepayers to believe that they are getting electricity rate relief, but in reality, customers would have been entitled to receive the value of this credit anyway over a 12-month period. Furthermore, in providing a one-time credit, Newfoundland Power will also be able to collect an administrative fee, adding to their revenues," Wakeham said in the statement.

"People and businesses in this province are struggling to pay their utility bills, and the Liberal government should help them by putting extra money into their pockets, not by recycling an already existing program to the benefit of a large corporation."

Wakeham called on government to direct the PUB to lower Newfoundland Power's guaranteed rate of return to give cash refunds to customers, and for Newfoundland Power to waive its fees.

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Vancouver Formula E 2022 delivers an all-electric, net-zero motorsport event in False Creek, featuring sustainability initiatives, clean mobility showcases, concerts, and tourism boosts, with major economic impact, jobs, and a climate action conference.

Key Points

A net-zero, all-electric race in False Creek, uniting EV motorsport with sustainability, concerts, and local jobs.

✅ Net-zero, all-electric FIA championship round in Canada

✅ False Creek street circuit with concerts and green mobility expo

✅ Projected $80M impact and thousands of local jobs

The City of Vancouver is hosting an ABB FIA Formula E World Championship race next year, organizers have announced, aligning with the city's EV-ready policy to accelerate adoption.

The all-electric race is being held in the city's False Creek neighbourhood over the 2022 July long weekend as green energy investments accelerate nationwide, according to promoter OSS Group Inc.

Earlier this year, Vancouver city council voted unanimously in support of a multi-day Formula E event that would include a conference on climate change and sustainability amid predicted EV-demand bottlenecks in B.C.

"Formula E is a win on so many levels, from being a net-zero event that supports sustainable transportation to being a huge boost for our hard-hit tourism sector, our residents, who can access rebates for home and workplace charging, and our local economy," Coun. Sarah Kirby-Yung said in a news release Thursday.

As the region advances sustainable mobility, B.C.'s EV charging expansion continues to lead the country.

The promoter said the Formula E race will bring $80 million in economic value and thousands of jobs to the city, with infrastructure like new EV chargers at YVR also underway, but did not provide any details on how it came to those estimates.

More details on the events surrounding the race, including planned concerts and other EV showcases like Everything Electric, are expected to be announced in the fall.

The last time a Formula E World Championship event came to Canada was the Montreal ePrix in 2017. Montreal Mayor Valerie Plante later cancelled planned Formula E events for 2018 and 2019, citing cost overruns and sponsorship troubles.

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AEMC Storage Charging Rules spark industry backlash as Tesla, Snowy Hydro, and investors warn transmission charges on batteries and pumped hydro could deter grid-scale storage, distort the National Electricity Market, and slow decarbonisation.

Key Points

AEMC Storage Charging Rules are proposals to bill grid storage for network use, shaping costs and investment.

✅ Charges apply when batteries draw power; double-charging concerns.

✅ Tesla and Snowy Hydro warn of reduced viability and delays.

✅ AEMO recommends exemptions; investors seek certainty.

Tesla, Snowy Hydro and other big suppliers of storage capacity on Australia’s main electricity grid warn proposed rule changes amount to a tax on their operations that will deter investors and slow the decarbonisation of the industry.

The Australian Energy Market Commission (AEMC) will release its final decision this Thursday on new rules for integrating batteries, pumped hydro and other forms of storage.

The AEMC’s draft decision, released in July, angered many firms because it proposed charging storage providers for drawing power, ignoring a recommendation by the Australian Electricity Market Operator (AEMO) that they be exempt.

Battery maker Tesla, which has supplied some of the largest storage to the National Electricity Market, said in a submission that the charges would “kill the commercial viability of all grid storage projects, causing inefficient investment in alternative network”, with consumers paying higher costs.

Snowy Hydro, which is building the giant Snowy 2 pumped storage project and already operates a smaller one, said in its submission the proposed changes if implemented would jeopardise investment.

“This is a major policy change, amounting to a tax on infrastructure critical to achieving a renewable future,” Snowy Hydro said.

AEMO itself argued it was important storage providers were not “disincentivised from connecting to the transmission network, as they generally provide a net benefit to the power system by charging at periods of low demand”.

Australia’s electricity grid faces economic and engineering challenges, similar to Ontario's storage push as it adjusts to the arrival of lower cost and also lower carbon alternatives to fossil fuels.

While rule changes are necessary to account for operators that can both draw from and supply power, how they are implemented can have long-lasting effects on the technologies that get encouraged or repelled, including control of EV charging issues, independent experts say.

“It doesn’t have to be this way,” said Bruce Mountain, director of the Victoria Energy Policy Centre. “In Britain, where the UK grid transformation is underway, the regulator dealing with the same issues has said that storage devices don’t pay the system charges when they withdraw electricity from the grid,” he said.

The prospect that storage operators will have to pay transmission charges could “drastically” affect their profitability since their business models rely on the difference between the price their pay for power and how much they can sell it for. Gas generators and network monopolies would benefit from the change, Mountain said.

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An AEMC spokesperson said the commission had consulted widely, including from those who objected to the payment for transmission access.

“The market is moving towards a future that will be increasingly reliant on energy storage to firm up the growing volume of renewable energy and deliver on the increasing need for critical system security services, with examples such as EVs supporting grid stability in California as the ageing fleet of thermal generators retire,” the spokesperson said, declining to elaborate on the final ruling before it is published.

“The regulatory framework needs to facilitate this transition as the energy sector continues to decarbonise,” the official said.

AusNet, which operates the Victorian energy transmission grid, said that while “technological neutrality is paramount for battery and hybrid unit connections to both the distribution and transmission networks,” it did not back charging storage access to networks in all cases.

“[Ausnet] supports a clear exemptions framework for energy storage providers,” a spokesperson said. “We recommend that batteries and other hybrid facilities should have transmission use of system charges waived if they provide a net benefit to network customers.”

We are not aware of anyone that supports the charging storage access to networks in all circumstances.

“Batteries and hybrid facilities that consume energy from the network should be provided no preferential treatment relative to other customers and generators.”

Jonathan Upson, a principal at Strategic Renewable Consulting, though, said the AEMC wants electricity flowing through batteries to be taxed twice to pay network charges – once when the electricity charges the battery and then again when the same electricity is sent out by the battery an hour or two later but this time with customers paying.

“The AEMC’s draft decision has the identical rationale for eliminating franking credits on all dividends, resulting in double taxing of company profits,” he said.

Christiaan Zuur, director of energy transformation at the Clean Energy Council, said that while much of AEMC’s draft proposal was constructive, “those benefits are either nullified or maybe even outweighed” by uncertainty over charges.

“Risk perception” will be important since potential newcomers won’t be sure of what charges they will pay to connect to the grid and existing operators could have their connection agreements reopened, Zuur said.

“Investors focus on the potential risk. It does factor through to the integral costs for projects,” he said.

The outcome of new charges may prompt more people to put batteries on their premises and draw power from their own solar panels, Mountain said, with rising EV adoption introducing new grid challenges, cutting their reliance on a centralised network.

“Ironically, it encourages customers to depend less and less on the grid,” he said. “It’s almost like the capture of the dominant interests playing out over time at their own expense.”

Separately, the latest edition of the Clean Energy Council Confidence Index shows leadership by state governments is helping to shore up investor appetite for investing in renewable energy amid 2021 electricity lessons even with higher 2030 emissions reduction goals from the federal government.

Overall, investor confidence increased by a point in the last six months – from 6.3 to 7.3 out of 10 – following strong commitments and policy development from state governments, particularly on the east coast, the council said.

“The results of this latest survey illustrate the economic value in policy that lowers the emissions footprint of our electricity generation, supporting regional centres and creating jobs. Investors recognise the opportunities created by limiting global temperature rise to 1.5 degrees,” said council chief executive Kane Thornton.

Among the states, NSW, Victoria and Queensland led in terms of positive investor sentiment.

Correction: this article was amended on 30 November. An earlier version stated Ausnet supported charging storage for network access. A spokesperson said it backed a waiver on charges if certain conditions are met.        

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