Electric cars: a boon for Canada?

By Globe and Mail


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Canada is well-positioned to take advantage of moves by auto makers to bring electric vehicles and other fuel-efficient technologies to market, say analysts who have studied these developments.

The opportunities for Canada are exemplified by Ford Motor Co.'s partnership with Canadian auto parts manufacturer Magna International to produce a fully electric car that goes up to 160 kilometres on a single charge.

Magna officials say the partnership will create jobs at Magna, and there are more opportunities out there.

Bill Pochiluk, president of industry adviser AutomotiveCompass LLC, has said Canada has all the resources it needs to be a global leader in green automotive technology. Canadian governments can help by funding more research and development.

The United States has already put in place a $25-billion (US) fund for research and development of green automotive technology. Canada only invests $500,000 annually.

Opportunities for Canada exist in developing lightweight aluminum components that help improve fuel efficiency of gasoline vehicles and extend the range of electric and hybrid ones. Federal organizations such as the National Research Council have a role to play in funding the development of these sorts of green vehicle technologies, say advocates.

There is much at stake. One in every 20 new cars sold in Canada could be electrically powered within a decade, say members of a task force on the future of plug-in vehicles.

The group was set up by the federal government last winter to design Canada's Electric Vehicle and Technology Road Map for shifting the transportation industry away from fossil fuels.

"It's going to be an electric vehicle revolution," says Michael Elwood, chairperson of the task force and vice-president of marketing at Vancouver-based Azure Dynamics, which specializes in electric and hybrid electric drive technology.

"Hybrid electric, plug-in hybrid electric and electric vehicles are all part of the equation," he says.

If one in 20 new cars sold in Canada is electric — 5 per cent of the market — about 80,000 electric vehicles would be sold each year, based on current sales volumes.

"Electricity may be the only fuel for land transportation that can substantially replace oil products while continuing to provide for the amount of movement of people and freight that is essential for modern society," says the report.

"Oil products now fuel 95 per cent of world transport activity and transport activity consumes 60 per cent of oil production. Both shares are higher in Canada. The need to reduce demand for oil, to avert scarcity and high prices is gathering urgency."

Auto manufacturers are, of course, moving ahead with hybrid and electric technologies in their new models. But the success of electrics and hybrids is contingent on consumer demand, fuel prices and, perhaps above all, research and development funding.

At present, auto companies, even ones with a relatively strong balance sheet and a pristine credit rating, are finding it impossible to get the financing needed to develop the batteries and other technologies that will make clean electric cars safe, reliable, practical and affordable.

"If we want to transform this industry, in a radical way, we are going to need a lot of investment," says Nissan CEO Carlos Ghosn. "You cannot take an existing car and retrofit it and say, 'It's electric.' You have to start from zero.

"If we are serious about transforming the industry into something that's as clean as possible, [governments] have to make long-term financing available at a reasonable interest rate."

Ghosn adds that "even Triple-A companies" are having problems getting financing simply for operations.

"The industry today is unable to finance itself to make the transition. But when you are investing massively in batteries, when the financial market doesn't care about it, it is impossible. Who is struggling is not the issue. This is not a Big Three issue. It is valid for Europeans. It is valid for the Japanese," Ghosn said.

Ghosn and others say the industry is in the early stages of a revolutionary change in technology — from internal combustion engines that have dominated for a century to electric vehicles that most believe are the future. But research into creating more powerful, longer-lasting batteries is expensive, as is developing sufficient infrastructure for owners of electric vehicles to charge their vehicles.

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To Limit Climate Change, Scientists Try To Improve Solar And Wind Power

Wisconsin Solar and Wind Energy advances as rooftop solar, utility-scale farms, and NREL perovskite solar cells improve efficiency; wind turbines gain via wake modeling, yaw control, and grid-scale battery storage to cut carbon emissions.

 

Key Points

It is Wisconsin's growth in rooftop and utility-scale solar plus optimized wind turbines to cut carbon emissions.

✅ Perovskite solar cells promise higher efficiency, need longevity

✅ Wake modeling and yaw control optimize wind farm output

✅ Batteries and bids can offset reliance on natural gas

 

Solar energy in Wisconsin continued to grow in 2019, as more homeowners had rooftop panels installed and big utilities started building multi-panel solar farms.

Wind power is increasing more slowly in the state. However, renewable power developers are again coming forward with proposals for multiple turbines.

Nationally, researchers are working on ways to get even more energy from solar and wind, with the U.S. moving toward 30% electricity from wind and solar in coming years, as states like Wisconsin aim to reduce their carbon emissions over the next few decades.

One reason solar energy is growing in Wisconsin is due to the silicon panels becoming more efficient. But scientists haven't finished trying to improve panel efficiency. The National Renewable Energy Laboratory (NREL) in Golden, Col., is one of the research facilities experimenting with brushing a lab-made solution called perovskite onto a portion of a panel called a solar cell.

In a demonstration video supplied by NREL, senior scientist Maikel van Hest said that, in the lab anyway, the painted cell and its electrical connections called contacts, produce more energy:

"There you go! That's how you paint a perovskite solar cell. And you imagine that ultimately what you could do is you could see a company come in with a truck in front of your house and they would basically paint on the contacts first, dry those, and paint the perovskite over it. That you would have photovoltaic cells on the side of your house, put protective coating on it, and we're done."

Another NREL scientist, David Moore, says the new solar cells could be made faster and help meet what's expected to be a growing global demand for energy. However, Moore says the problem has been lack of stability.

"A solar cell with perovskites will last a couple years. We need to get that to 20-25 years, and that's the big forefront in perovskite research, is getting them to last longer," Moore told members of the Society of Environmental Journalists during a recent tour of NREL.

Another part of improving renewable energy is making wind turbines more productive. At NREL's Insight Center, a large screen showing energy model simulations dominates an otherwise darkened room. Visualization scientist Nicholas Brunhart-Lupo points to a display on the screen that shows how spinning turbines at one edge of a wind farm can cause an airflow called a wake, which curtails the power generation of other turbines.

"So what we find in these simulations is these four turbines back here, since they have this used air, this low-velocity wake being blown to their faces, they're only generating about 20% of the energy they should be generating," he explains.

Brunhart-Lupo says the simulations can help wind farm developers with placement of turbines as well as adjustments to the rotor and blades called the yaw system.

Continued progress with renewables may be vital to any state or national pledges to reduce use of fossil fuels and carbon emissions linked to climate change, including Biden's solar expansion plan as a potential pathway. Some scientists say to limit a rise in global temperature, there must be a big decline in emissions by 2050.

But even utilities that say they support use of more renewables, as why the grid isn't 100% renewable yet makes clear, aren't ready to let go of some energy sources. Jonathan Adelman of Xcel Energy, which serves part of Western Wisconsin, says Xcel is on track to close its last two coal-fired power plants in Minnesota. But he says the company will need more natural gas plants, even though they wouldn't run as often.

"It's not perfect. And it is in conflict with our ultimate goal of being carbon-free," says Adelman. "But if we want to facilitate the transition, we still need resources to help that happen."

Some in the solar industry would like utilities that say they need more natural gas plants to put out competitive bids to see what else might be possible. Solar advocates also note that in some states, energy regulators still favor the utilities.

Meanwhile, solar slowly marches ahead, including here in southeastern Wisconsin, as Germany's solar power boost underscores global momentum.

On the roof of a ranch-style home in River Hills, a work crew from the major solar firm Sunrun recently installed mounting brackets for solar panels.

Sunrun Public Policy Director Amy Heart says she supports research into more efficient renewables. But she says another innovation may have to come in the way regulators think.

"Instead of allowing and thinking about from the perspective of the utility builds the power plant, they replace one plant with another one, they invest in the infrastructure; is really thinking about how can these distributed solutions like rooftop solar, peer-to-peer energy sharing, and especially rooftop solar paired with batteries how can that actually reduce some of what the utility needs?

Large-scale energy storage batteries are already being used in some limited cases. But energy researchers continue to make improvements to them, too, with cheap solar batteries beginning to make widespread adoption more feasible as scientists race to reduce the expected additional harm of climate change.

 

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Report call for major changes to operation of Nova Scotia's power grid

Nova Scotia Energy Modernization Act proposes an independent system operator, focused energy regulation, coal phase-out by 2030, renewable integration, transmission upgrades, and competitive market access to boost consumer trust and grid reliability across the province.

 

Key Points

Legislation to create an independent system operator and energy regulator, enabling coal phase-out and renewable integration.

✅ Transfers grid control from Nova Scotia Power to an ISO

✅ Establishes a focused energy regulator for multi-sector oversight

✅ Accelerates coal retirement, renewables build-out, and grid upgrades

 

Nova Scotia is poised for a significant overhaul in how its electricity grid operates, with the electricity market headed for a reshuffle as the province vows changes, following a government announcement that will strip the current electric utility of its grid access control. This move is part of a broader initiative to help the province achieve its ambitious energy objectives, including the cessation of coal usage by 2030.

The announcement came from Tory Rushton, the Minister of Natural Resources, who highlighted the recommendations from the Clean Electricity Task Force's report to make the electricity system more accountable to Nova Scotians according to the authors. The report suggests the creation of two distinct entities: an autonomous system operator for energy system planning and an independent body for energy regulation.

Minister Rushton expressed the government's agreement with these recommendations, while the premier had earlier urged regulators to reject a 14% rate hike to protect customers, stating plans to introduce a new Energy Modernization Act in the next legislative session.

Under the proposed changes, Nova Scotia Power, a privately-owned entity, will retain its operational role but will relinquish control over the electricity grid. This responsibility will shift to an independent system operator, aiming to foster competitive practices essential for phasing out coal—currently a major source of the province’s electricity.

Additionally, the existing Utility and Review Board, which recently approved a 14% rate increase despite political opposition, will undergo rebranding to become the Nova Scotia Regulatory and Appeals Board, reflecting a broader mandate beyond energy. Its electricity-related duties will be transferred to the newly proposed Nova Scotia Energy Board, which will oversee various energy sectors including electricity, natural gas, and retail gasoline.

The task force, led by Alison Scott, a former deputy energy minister, and John MacIsaac, an ex-executive of Nalcor Energy, was established by the province in April 2023 to determine the needs of the electrical system in meeting Nova Scotia's environmental goals.

Minister Rushton praised the report for providing a clear direction towards achieving the province's 2030 environmental targets and beyond. He estimated that establishing the recommended bodies would take 18 months to two years, and noted the government cannot order the utility to cut rates under current law, promising job security for current employees of Nova Scotia Power and the Utility and Review Board throughout the transition.

The report advocates for the new system operator to improve consumer trust by distancing electricity system decisions from Nova Scotia Power's corporate interests. It also critiques the current breadth of the Utility and Review Board's mandate as overly extensive for addressing the energy transition's long-term requirements.

Nova Scotia Power's president, Peter Gregg, welcomed the recommendations, emphasizing their role in the province's shift towards renewable energy, as neighboring jurisdictions like P.E.I. explore community generation to build resilience, he highlighted the importance of a focused energy regulator and a dedicated system operator in advancing essential projects for reliable customer service.

The task force's 12 recommendations also include the requirement for Nova Scotia Power to submit an annual asset management plan for regulatory approval and to produce reports on vegetation and wood pole management. It suggests the government assess Ontario's hydro policies for potential adaptation in Nova Scotia and calls for upgrades to the transmission grid infrastructure, with projected costs detailed by Stantec.

Alison Scott remarked on the comparative expense of coal power against renewable sources like wind, suggesting that investments in the grid to support renewables would be economically beneficial in the long run.

 

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The nuclear power dispute driving a wedge between France and Germany

Franco-German Nuclear Power Divide shapes EU energy policy, electricity market reform, and decarbonization strategies, as Paris backs reactors and state subsidies while Berlin prioritizes renewables, hydrogen, and energy security after Russian gas shocks.

 

Key Points

A policy rift over nuclear shaping EU market reform, subsidies, and the balance between reactors and renewables.

✅ Nuclear in EU targets vs. renewables-first strategy

✅ Market design disputes over long-term power prices

✅ Energy security after Russian gas; hydrogen definitions

 

Near the French village of Fessenheim, facing Germany across the Rhine, a nuclear power station stands dormant. The German protesters that once demanded the site’s closure have decamped, in a sign of Europe's nuclear decline, and the last watts were produced three years ago. 

But disagreements over how the plant from 1977 should be repurposed persist, speaking to a much deeper divide over nuclear power, which Eon chief's warning to Germany underscored, between the two countries on either side of the river’s banks.

German officials have disputed a proposal to turn it into a centre to treat metals exposed to low levels of radioactivity, Fessenheim’s mayor Claude Brender says. “They are not on board with anything that might in some way make the nuclear industry more acceptable,” he adds.

France and Germany’s split over nuclear power is a tale of diverging mindsets fashioned over decades, including since the Chernobyl disaster in USSR-era Ukraine. But it has now become a major faultline in a touchy relationship between Europe’s two biggest economies.

Their stand-off over how to treat nuclear in a series of EU reforms has consequences for how Europe plans to advance towards cleaner energy. It will also affect how the bloc secures power supplies as the region weans itself off Russian gas, even though nuclear would do little for the gas issue, and how it provides its industry with affordable energy to compete with the US and China. 

“There can be squabbles between partners. But we’re not in a retirement home today squabbling over trivial matters. Europe is in a serious situation,” says Eric-André Martin, a specialist in Franco-German relations at French think-tank IFRI. 

France, which produces two-thirds of its power from nuclear plants and has plans for more reactors, is fighting for the low-carbon technology to be factored into its targets for reducing emissions and for leeway to use state subsidies to fund the sector.

For Germany, which closed its last nuclear plants this year and, having turned its back on nuclear, has been particularly shaken by its former reliance on Russian gas, there’s concern that a nuclear drive will detract from renewable energy advances.

But there is also an economic subtext in a region still reeling from an energy crisis last year, reviving arguments for a needed nuclear option for climate in Germany, when prices spiked and laid bare how vulnerable households and manufacturers could become.

Berlin is wary that Paris would benefit more than its neighbours if it ends up being able to guarantee low power prices from its large nuclear output as a result of new EU rules on electricity markets, amid talk of a possible U-turn on the phaseout, people close to talks between the two countries say.

Ministers on both sides have acknowledged there is a problem. “The conflict is painful. It’s painful for the two governments as well as for our [EU] partners,” Sven Giegold, state secretary at the German economy and climate action ministry, where debates about whether a nuclear resurgence is possible persist, tells the Financial Times. 

Agnès Pannier-Runacher, France’s energy minister, says she wants to “get out of the realm of the emotional and move past the considerable misunderstandings that have accumulated in this discussion”.

In a joint appearance in Hamburg last week, German chancellor Olaf Scholz and French president Emmanuel Macron made encouraging noises over their ability to break the latest deadlock: a disagreement over the design of the EU’s electricity market. Ministers had been due to agree a plan in June but will now meet on October 17 to discuss the reform, aimed at stabilising long-term prices.

But the French and German impasse on nuclear has already slowed down debates on key EU policies such as rules on renewable energy and how hydrogen should be produced. Smaller member states are becoming impatient. The delay on the market design is “a big Franco-German show of incompetence again”, says an energy ministry official from another EU country who requested anonymity. 

 

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Extreme Heat Boosts U.S. Electricity Bills

Extreme Heat and Rising Electricity Bills amplify energy costs as climate change drives air conditioning demand, stressing the power grid and energy affordability, with low income households facing outsized burdens during prolonged heat waves.

 

Key Points

Heat waves from climate change raise AC demand, driving up electricity costs and straining energy affordability.

✅ More AC use spikes electricity demand during heat waves

✅ Low income households face higher energy burden

✅ Grid reliability risks rise with peak cooling loads

 

Extreme heat waves are not only straining public health systems but also having a significant impact on household finances, particularly through rising electricity bills. According to a recent AP-NORC poll, a growing number of Americans are feeling the financial pinch as soaring temperatures drive up the cost of cooling their homes. This development underscores the broader implications of climate change and its effects on everyday life.

The AP-NORC poll highlights that a majority of Americans are experiencing increased electricity costs as a direct result of extreme heat. As temperatures climb, so does the demand for air conditioning and other cooling systems. This increased energy consumption is contributing to higher utility bills, which can put additional strain on household budgets.

Extreme heat waves have become more frequent and intense due to climate change, which has led to a greater reliance on air conditioning to maintain comfortable indoor environments. Air conditioners and fans work harder during heat waves, and wasteful air conditioning can add around $200 to summer bills, consuming more electricity and consequently driving up energy bills. For many households, particularly those with lower incomes, these increased costs can be a significant burden.

The poll reveals that the impact of rising electricity bills is widespread, affecting a diverse range of Americans. Households across different income levels and geographic regions are feeling the heat, though the extent of the financial strain can vary. Lower-income households are particularly vulnerable, as they often have less flexibility in their budgets to absorb higher utility costs. For these families, the choice between cooling their homes and other essential expenses can be a difficult one.

In addition to financial strain, the poll highlights concerns about energy affordability and access. As electricity bills rise, some Americans may face challenges in paying their bills, leading to potential utility shut-offs or the need to make difficult choices between cooling and other necessities. This situation is exacerbated by the fact that many utility companies do not offer sufficient assistance or relief programs to help low-income households manage their energy costs.

The increasing frequency of extreme heat events and the resulting spike in electricity consumption also have broader implications for the energy infrastructure. Higher demand for electricity can strain power grids, as seen when California narrowly avoided blackouts during extreme heat, potentially leading to outages or reduced reliability. Utilities and energy providers may need to invest in infrastructure upgrades and maintenance to ensure that the grid can handle the increased load during heat waves.

Climate change is a key driver of the rising temperatures that contribute to higher electricity bills. As global temperatures continue to rise, extreme heat events are expected to become more common and severe, and experts warn the US electric grid was not designed to withstand these impacts. This trend underscores the need for comprehensive strategies to address both the causes and consequences of climate change. Efforts to reduce greenhouse gas emissions, improve energy efficiency, and invest in renewable energy sources are critical components of a broader climate action plan.

Energy efficiency measures can play a significant role in mitigating the impact of extreme heat on electricity bills. Upgrading to more efficient cooling systems, improving home insulation, and adopting smart thermostats can help reduce energy consumption and lower utility costs. Additionally, utility companies and government programs can offer incentives and rebates, including ways to tap new funding that help encourage energy-saving practices and support households in managing their energy use.

The poll also suggests that there is a growing awareness among Americans about the connection between climate change and rising energy costs. Many people are becoming more informed about the ways in which extreme weather events and rising temperatures impact their daily lives. This increased awareness can drive demand for policy changes and support for initiatives aimed at addressing climate change and improving energy efficiency, with many willing to contribute income to climate efforts, about the connection between climate change and rising energy costs.

In response to the rising costs and the impact of extreme heat, there are calls for policy interventions and support programs to help manage energy affordability. Proposals include expanding assistance programs for low-income households, investing in infrastructure improvements, and promoting energy efficiency initiatives alongside steps to make electricity systems more resilient to climate risks. By addressing these issues, policymakers can help alleviate the financial burden on households and support a more resilient and sustainable energy system.

Debates over policy impacts on electricity prices continue; in Alberta, federal policies are blamed by some for higher rates, illustrating how regulation can affect affordability.

In conclusion, the AP-NORC poll highlights the growing financial impact of extreme heat on American households, with rising electricity bills being a significant concern for many. The increased demand for cooling during heat waves is straining household budgets and raising broader questions about energy affordability and infrastructure resilience. Addressing these challenges requires a multifaceted approach, including efforts to combat climate change, improve energy efficiency, and provide support for those most affected by rising energy costs. As extreme heat events become more common, finding solutions to manage their impact will be crucial for both individual households and the broader energy system.

 

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Ontario introduces new fixed COVID-19 hydro rate

Ontario Electricity COVID-19 Recovery Rate sets a fixed price of 12.8 cents/kWh, replacing time-of-use billing and aligning costs across off-peak, mid-peak, and on-peak periods per Ontario Energy Board guidance through Oct. 31.

 

Key Points

A flat 12.8 cents/kWh electricity price in Ontario that temporarily replaces time-of-use rates from June 1 to Oct. 31.

✅ Fixed 12.8 cents/kWh, all hours, June 1 to Oct. 31

✅ Higher than off-peak 10.1, lower than mid/on-peak

✅ Based on Ontario Energy Board average cost

 

Ontario residents will now have to pay a fixed electricity price that is higher than the off-peak hydro rate many in the province have been allowed to pay so far due to the pandemic. 

The announcement, which was made in a news release on Saturday, comes after the Ontario government suspended the normal “time-of-use” billing system on March 24 and as electricity rates are about to change across Ontario. 

The government moved all customers onto the lowest winter rate in response to the pandemic as emergency measures meant more people would be at home during the middle of the day when electricity costs are the highest. 

Now, the government has introduced a new “COVID-19 recovery rate” of 12.8 cents per kilowatt hour at all times of the day. The fixed price will be in place from June 1 to Oct. 31. 

The fixed price is higher than the winter off-peak price, which stood at 10.1 per kilowatt hour. However, it is lower than the mid-peak rate of 14.4 per kilowatt hour and the high-peak rate of 20.8 per kilowatt hour, even though typical bills may rise as fixed pricing ends for many households. 

“Since March 24, 2020, we have invested just over $175 million to deliver emergency rate relief to residential, farm and small business electricity consumers by suspending time-of-use electricity pricing,” Greg Rickford, the minister of energy, northern development and mines, said in a news release. 

“This investment was made to protect the people of Ontario from a marked increase in electricity rates as they did their part by staying home to prevent the further spread of the virus.”

Rickford said that the COVID-19 recovery rate is based on the average cost of electricity set by the Ontario Energy Board. 

“This fixed rate will continue to suspend time-of-use prices in a fiscally responsible manner,” he said. "Consumers will have greater flexibility to use electricity when they need it without paying on-peak and mid-peak prices, and some may benefit from ultra-low electricity rates under new time-of-use options."

 

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Court reinstates constitutional challenge to Ontario's hefty ‘global adjustment’ electricity charge

Ontario Global Adjustment Charge faces constitutional scrutiny as a regulatory charge vs tax; Court of Appeal revives case over electricity pricing, feed-in tariff contracts, IESO policy, and hydro rate impacts on consumers and industry.

 

Key Points

A provincial electricity fee funding generator contracts, now central to a court fight over tax versus regulatory charge.

✅ Funds gap between market price and contracted generator rates

✅ At issue: regulatory charge vs tax under constitutional law

✅ Linked to feed-in tariff, IESO policy, and hydro rate hikes

 

Ontario’s court of appeal has decided that a constitutional challenge of a steep provincial electricity charge should get its day in court, overturning a lower-court judgment that had dismissed the legal bid.

Hamilton, Ont.-based National Steel Car Ltd. launched the challenge in 2017, saying Ontario’s so-called global adjustment charge was unconstitutional because it is a tax — not a valid regulatory charge — that was not passed by the legislature.

The global adjustment funds the difference between the province’s hourly electricity price and the price guaranteed under contracts to power generators. It is “the component that covers the cost of building new electricity infrastructure in the province, maintaining existing resources, as well as providing conservation and demand management programs,” the province’s Independent Electricity System Operator says.

However, the global adjustment now makes up most of the commodity portion of a household electricity bill, and its costs have ballooned, as regulators elsewhere consider a proposed 14% rate hike in Nova Scotia.

Ontario’s auditor general said in 2015 that global adjustment fees had increased from $650 million in 2006 to more than $7 billion in 2014. She added that consumers would pay $133 billion in global adjustment fees from 2015 to 2032, after having already paid $37 billion from 2006 to 2014.

National Steel Car, which manufactures steel rail cars and faces high electricity rates that hurt Ontario factories, said its global adjustment costs went from $207,260 in 2008 to almost $3.4 million in 2016, according to an Ontario Court of Appeal decision released on Wednesday.

The company claimed the global adjustment was a tax because one of its components funds electricity procurement contracts under a “feed-in tariff” program, or FIT, which National Steel Car called “the main culprit behind the dramatic price increases for electricity,” the decision said.

Ontario’s auditor general said the FIT program “paid excessive prices to renewable energy generators.” The program has been ended, but contracts awarded under it remain in place.


National Steel Car claimed the FIT program “was actually designed to accomplish social goals unrelated to the generation of electricity,” such as helping rural and indigenous communities, and was therefore a tax trying to help with policy goals.

“The appellant submits that the Policy Goals can be achieved by Ontario in several ways, just not through the electricity pricing formula,” the decision said.

National Steel Car also argued the global adjustment violated a provincial law that requires the government to hold a referendum for new taxes.

“The appellant’s principal claim is that the Global Adjustment was a ‘colourable attempt to disguise a tax as a regulatory charge with the purpose of funding the costs of the Policy Goals,’” the decision said. “The appellant pressed this argument before the motion judge and before this court. The motion judge did not directly or adequately address it.”

The Ontario government applied to have the challenge thrown out for having “no reasonable cause of action,” and a Superior Court judge did so in 2018, saying the global adjustment is not a tax.

National Steel Car appealed the decision, and the decision published Wednesday allowed the appeal, set aside the lower-court judgment, and will send the case back to Superior Court, where it could get a full hearing.

“The appellant’s claim is sufficiently plausible on the evidentiary record it put forward that the applications should not have been dismissed on a pleadings motion before the development of a full record,” wrote Justice Peter D. Lauwers. “It is not plain, obvious and beyond doubt that the Global Adjustment, and particularly the challenged component, is properly characterized as a valid regulatory charge and not as an impermissible tax.”

Jerome Morse of Morse Shannon LLP, one of National Steel Car’s lawyers, said the Ontario government would now have 60 days to decide whether to seek permission to appeal to the Supreme Court of Canada.

“What the court has basically said is, ‘this is a plausible argument, here are the reasons why it’s plausible, there was no answer to this,’” Morse told the Financial Post.

Ontario and the IESO had supported the lower-court decision, but there has been a change in government since the challenge was first launched, with Progressive Conservative Premier Doug Ford replacing the Liberals and Kathleen Wynne in power. The Liberals had launched a plan aimed at addressing hydro costs before losing in a 2018 election, the main thrust of which had been to refinance global adjustment costs.

Wednesday’s decision states that “Ontario’s counsel advised the court that the current Ontario government ‘does not agree with the former government’s electricity procurement policy (since-repealed).’

“The government’s view is that: ‘The solution does not lie with the courts, but instead in the political arena with political actors,’” it adds.

A spokesperson for Ontario Energy Minister Greg Rickford said in an email that they are reviewing the decision but “as this matter is in the appeal period, it would be inappropriate to comment.” 

Ontario had also requested to stay the matter so a regulator, the Ontario Energy Board, could weigh in, while the Nova Scotia regulator approved a 14% hike in a separate case.

“However, Ontario only sought this relief from the motion judge in the alternative, and given the motion judge’s ultimate decision, she did not rule on the stay,” Thursday’s decision said. “It would be premature for this court to rule on the issue, although it seems incongruous for Ontario to argue that the Superior Court is the convenient forum in which to seek to dismiss the applications as meritless, but that it is not the convenient forum for assessing the merits of the applications.”

National Steel Car’s challenge bears a resemblance to the constitutional challenges launched by Ontario and other provinces over the federal government’s carbon tax, but Justice Lauwers wrote “that the federal legislative scheme under consideration in those cases is distinctly different from the legislation at issue in this appeal.”

“Nothing in those decisions impacts this appeal,” the judge added.
 

 

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