Missing radioactive part found

By Toronto Star


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A radioactive part was missing for almost two months at the Bruce nuclear plant before a worker walking through an area called "the vault" discovered the problem after his radiation detector went off.

Atomic Energy of Canada Ltd., which misplaced the part while working on the multi-billion-dollar restart of the plant, failed to notify officials at Bruce Power about the incident.

The federal nuclear regulator wants to know why the loss of the part was kept quiet until it was accidentally discovered.

A spokesperson for the Canadian Nuclear Safety Commission said Bruce Power has until Aug. 8 to file a detailed report of what happened at Unit 2. Industry experts say it's just the latest in a string of events that reflect poorly on AECL.

"AECL became aware of the problem on April 23 that a calandria tube insert was unaccounted for, however they failed to notify the RP (radiation protection) department of this fact," according to an incident briefing filed on June 24 by Bruce Power to the regulator. "The increased hazard would have existed from that time."

The document said the worker, who discovered the radioactive part on June 22, followed proper procedure and kept his radiation exposure to safe limits.

The reactor contains hundreds of calandria tubes, which contain heavy water. Collectively, these metal tubes form the core of a Candu nuclear reactor.

Duncan Hawthorne, chief executive officer of Bruce Power, dismissed the seriousness of the incident when contacted by the Star. "It's not a story," he said. "It's a bull---- story. There is no issue."

Federally owned AECL is a key contractor in the Bruce restart project and a supplier of Candu reactor technology that lies at the heart of all nuclear plants in Ontario. Spokesperson Dale Coffin acknowledged it took too long for the company to alert officials.

"We're disappointed we didn't notify Bruce Power sooner," he said.

Coffin explained that the work AECL was doing is all automated, done by remote control outside of the vault area and monitored through TV cameras. A robot removes and destroys the old calandria tubes and tube inserts, which are chopped up and disposed of in a shielded waste bin. A single reactor has 960 metal tube inserts.

He said the company was aware of an "accounting discrepancy" with regards to the parts that were handled.

"We were going back and verifying whether or not (the part) was still in the tube or placed in the bin. It did not add up. We were in the process of verifying that," Coffin said.

Frank Greening, a nuclear scientist and consultant with more than three decades of industry experience, equated the incident to a doctor leaving a scalpel inside a patient, knowing about it, but taking two months before saying anything.

"They seem to have a habit of not reporting stuff, then they have to talk their way out of it when it finally is reported," he said. "There's a bit of a pattern here of sloppy bookkeeping and reporting."

Norm Rubin, director of nuclear research at Energy Probe, which is critical of nuclear power, said it's standard practice to immediately report such events. "Obviously, things that are carcinogenic and lethal shouldn't be left around, no matter what field you're in," said Rubin.

Bruce Power is trying to restart reactor units 1 and 2 at its Bruce A site, a project originally estimated at $2.75 billion. The nuclear power generator is now expecting costs in the range of $3.1 billion to $3.4 billion under a contract with the government that will see Ontario electricity consumers pay for $237.5 million of budget overruns so far.

TransCanada Pipelines Ltd., a financial partner in the Bruce restart project, told shareholders in April that AECL has been largely responsible for the delay and added rebuilding costs.

AECL is among three bidders hoping to win the chance to build two new nuclear reactors at the Darlington site, a decision the Ontario government delayed by three months to March 2009.

The incident at Bruce is just the latest in a series of troubles for the Crown corporation, currently the subject of a federal government review that could result in its privatization.

Last November, AECL's research reactor at its Chalk River laboratory was shut down after regulators found problems with an emergency backup system. This led to a prolonged outage that put the world's medical isotope supply at risk and resulted in the federal government bypassing the authority of the regulator.

Earlier this month, life sciences companies MDS Inc. launched a $1.6 billion lawsuit against AECL after it decided to cancel a 12-year-old project for two new research reactors at Chalk River. Those reactors were supposed to guarantee a long-term supply of medical isotopes to MDS but AECL couldn't get them to work properly.

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Ontario's Clean Electricity Regulations: Paving the Way for a Greener Future

Ontario Clean Electricity Regulations accelerate renewable energy adoption, drive emissions reduction, and modernize the smart grid with energy storage, efficiency targets, and reliability upgrades to support decarbonization and a stable power system for Ontario.

 

Key Points

Standards to cut emissions, grow renewables, improve efficiency, and modernize the grid with storage and smart systems.

✅ Phases down fossil generation and invests in storage.

✅ Sets utility efficiency targets to curb demand growth.

✅ Upgrades to smart grid for reliability and resiliency.

 

Ontario has taken a significant step forward in its energy transition with the introduction of new clean electricity regulations. These regulations, complementing federal Clean Electricity Regulations, aim to reduce carbon emissions, promote sustainable energy sources, and ensure a cleaner, more reliable electricity grid for future generations. This article explores the motivations behind these regulations, the strategies being implemented, and the expected impacts on Ontario’s energy landscape.

The Need for Clean Electricity

Ontario, like many regions around the world, is grappling with the effects of climate change, including more frequent and severe weather events. In response, the province has set ambitious targets to reduce greenhouse gas emissions and increase the use of renewable energy sources, reflecting trends seen in Alberta’s path to clean electricity across Canada. The electricity sector plays a central role in this transition, as it is responsible for a significant portion of the province’s carbon footprint.

For years, Ontario has been moving away from coal as a source of electricity generation, and now, with the introduction of these new regulations, the province is taking a step further in decarbonizing its grid, including its largest competitive energy procurement to date. By setting clear goals and standards for clean electricity, the province hopes to meet its environmental targets while ensuring a stable and affordable energy supply for all Ontarians.

Key Aspects of the New Regulations

The regulations focus on encouraging the use of renewable energy sources such as wind, solar, hydroelectric, and geothermal power. One of the key elements of the plan is the gradual phase-out of fossil fuel-based energy sources. This shift is expected to be accompanied by greater investments in energy storage solutions, including grid batteries, to address the intermittency issues often associated with renewable energy sources.

Ontario’s new regulations also emphasize the importance of energy efficiency in reducing overall demand. As part of this initiative, utilities and energy providers will be required to meet strict energy-saving targets and participate in new electricity auctions designed to reduce costs, ensuring that both consumers and businesses are incentivized to use energy more efficiently.

In addition, the regulations promote technological innovation in the electricity sector. By supporting the development of smart grids, energy storage technologies, and advanced power management systems, Ontario is positioning itself to become a leader in the global energy transition.

Impact on the Economy and Jobs

One of the anticipated benefits of the clean electricity regulations is their positive impact on Ontario’s economy. As the province invests in renewable energy infrastructure and clean technologies, new job opportunities are expected to arise in industries such as manufacturing, construction, and research and development. These regulations also encourage innovation in energy services, which could lead to the growth of new companies and industries, while easing pressures on industrial ratepayers through complementary measures.

Furthermore, the transition to cleaner energy is expected to reduce the long-term costs associated with climate change. By investing in sustainable energy solutions now, Ontario will help mitigate the financial burdens of environmental damage and extreme weather events in the future.

Challenges and Concerns

While the new regulations have been widely praised for their environmental benefits, they are not without their challenges. One of the primary concerns is the potential cost to consumers, and some Ontario hydro policy critique has called for revisiting legacy pricing approaches to improve affordability. While renewable energy sources have become more affordable over the years, transitioning from fossil fuels could still result in higher electricity prices in the short term. Additionally, the implementation of new technologies, such as smart grids and energy storage, will require substantial upfront investment.

Moreover, the intermittency of renewable energy generation poses a challenge to grid stability. Ontario’s electricity grid must be able to adapt to fluctuations in energy supply as more variable renewable sources come online. This challenge will require significant upgrades to the grid infrastructure and the integration of storage solutions to ensure reliable energy delivery.

The Road Ahead

Ontario’s clean electricity regulations represent an important step in the province’s commitment to combating climate change and transitioning to a sustainable, low-carbon economy. While there are challenges to overcome, the benefits of cleaner air, reduced emissions, and a more resilient energy system will be felt for generations to come. As the province continues to innovate and lead in the energy sector, Ontario is positioning itself to thrive in the green economy of the future.

 

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Philippines wants Canada's help to avoid China, U.S

Philippines-Canada Indo-Pacific Partnership strengthens ASEAN cooperation, maritime security, and South China Sea diplomacy, balancing U.S.-China rivalry through a rules-based order, trade diversification, and middle-power engagement to foster regional stability and sustainable growth.

 

Key Points

A strategic pact to balance U.S.-China rivalry, back ASEAN, and advance maritime security and a rules-based order

✅ Prioritizes ASEAN-led cooperation and regional diplomacy

✅ Supports maritime security and South China Sea stability

✅ Diversifies trade, infrastructure, energy, and education ties

 

The Philippines finds itself caught in a geopolitical tug-of-war between the United States and China, two superpowers with competing interests in the Indo-Pacific region. To navigate this complex situation, the Philippines is seeking closer ties with Canada, a middle power with a strong focus on diplomacy and regional cooperation and a deepening U.S.-Canada energy and minerals partnership that reinforces shared strategic interests.

The Philippines, like many Southeast Asian nations, desires peace and stability for continued economic growth. However, the intensifying rivalry between the U.S. and China threatens to disrupt this. Territorial disputes in the South China Sea, where China claims vast swathes of waters contested by the Philippines, are a major point of contention. The Philippines has a long-standing alliance with the U.S., whose current administration is viewed as better for Canada's energy sector by some observers, but it also has growing economic ties with China. This delicate balancing act is becoming increasingly difficult.

This is where Canada enters the picture. The Philippines sees Canada as a potential bridge between the two superpowers. Foreign Affairs Secretary Enrique Manalo emphasizes that the future of the Indo-Pacific shouldn't be dictated by "great power rivalry." Canada, with its emphasis on peaceful solutions and its strong relationships with both the U.S. and China, despite electricity exports at risk from periodic trade tensions, presents a welcome alternative.

There are several reasons why the Philippines views Canada as a natural partner. First, Canada's Indo-Pacific strategy prioritizes the Association of Southeast Asian Nations (ASEAN), a regional bloc that includes the Philippines, and reflects trade policy debates in Ottawa where Canadians support tariffs on energy and minerals. This focus on regional cooperation aligns with the Philippines' desire for a united ASEAN voice.

Second, Canada offers the Philippines opportunities for economic diversification. While China is a significant trading partner, the Philippines wants to lessen its dependence on any single power. Canada's expertise in areas like agriculture, infrastructure, education, and renewable energy aligns with the Philippines' clean energy commitment and development goals.

Third, Canada's experience in peacekeeping and maritime security can be valuable to the Philippines. The Philippines faces challenges in the South China Sea, and Canada's commitment to a rules-based international order resonates with the Philippines' desire for peaceful resolution of territorial disputes.

Canada, for its part, sees the Philippines as a strategically important partner in the Indo-Pacific. A stronger Philippines contributes to a more stable region, which aligns with Canada's own interests. Additionally, closer ties with the Philippines open doors for increased Canadian trade and investment in Southeast Asia, including in critical minerals supply chains and energy projects.

The Philippines' pursuit of a middle ground between the U.S. and China is not without its challenges. Balancing strong relationships with both powers requires careful diplomacy, even as tariff threats boost support for Canadian energy projects domestically. However, Canada's emergence as a potential partner offers the Philippines a much-needed counterweight and a path towards regional stability and economic prosperity.

By working together, Canada and the Philippines can promote peaceful solutions, strengthen regional cooperation, and ensure that the Indo-Pacific remains a place of opportunity for all nations, not just superpowers.

 

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Key Ontario power system staff may end up locked down at work sites due to COVID-19, operator says

Ontario IESO COVID-19 Control Room Measures detail how essential operators safeguard the electricity grid with split shifts, backup control centres, real-time balancing, deep cleaning, social distancing, and shelter-in-place readiness to maintain reliable power.

 

Key Points

Measures that protect essential grid operators with split shifts, backup sites, and hygiene to keep power reliable.

✅ Split teams across primary and backup control centres

✅ 12-hour shifts with remote handoffs and deep cleaning

✅ Real-time grid modeling to balance demand and supply

 

A group of personnel key to keeping Ontario's electricity system functioning may end up locked down in their control centres due to the COVID-19 crisis, according to the head of the province's power operator.

But that has so far proven unnecessary with a change-up in routine, Independent Electricity System Operator CEO Peter Gregg said.

While about 90 per cent of staff were sent to work from home on March 13, another 48 control-room operators deemed essential are still going into work, Gregg said in an interview.

"We identified a smaller cohort of critical operations room staff that need to go in to operate the system out of our control centres," Gregg said. "My biggest concern is to maintain their health, their safety as we rely on them to do this critical work."

Some of the operators manage power demand and supply in real time as Ontario electricity demand shifts, by calling for more or less generation and keeping an eye on the distribution grid, which also allows power to flow to and from Ontario's neighbours. Others do scenario planning and modelling to prepare for changes.

The essential operators have been split into eight teams of six each working 12-hour shifts. The day crew works out of a control centre near Toronto and the night shift out of a backup centre in the city's west end, Gregg said.

"That means that we're not having physical hand-off between control room operators on shift change -- we can do it remotely -- and it also allows us to do deep cleansing," Gregg said. "We're fortunate that the way the room is set up allows us to practice good social distancing."

Should it become necessary, he said, bed, food and other on-site arrangements have been made to allow the operators to stay at their workplaces as a similar agency in New York has done.

"If we do need to shelter these critical employees in place, we've got the ability to do so."

IESO is responsible for ensuring a balance between supply and demand for electricity across the province. Because power cannot be stored, the IESO ensures generators produce enough power to meet peak demand while making sure they don't produce too much.

"You're seeing, obviously, commercial demand drop, some industrial demand drop," Gregg said. "But you're also seeing a shift in the demand curve as well, where normally you have people heading off to work and so residential demand would go down. But obviously with them staying home, you're seeing an increase in residential electricity use across the province."

Some utilities have indicated no cuts to peak rates for self-isolating customers, with Hydro One peak pricing remaining in place for now.

IESO also runs and settles the wholesale electricity markets. Market prices are set based on accepted offers to supply electricity, while programs supporting stable electricity pricing for industrial and commercial users can affect costs against forecast demand.

With the pandemic forcing many businesses to close and people to stay home, and provincial electricity relief for families and small businesses in place, typical power needs fallen about seven per cent at a time of year that would normally see demand soften anyway. It remains to be seen whether, and how much, power needs shift further amid stringent isolation measures and the ongoing economic impact of the outbreak.

Gregg said the operator is constantly modeling different possibilities.

"What we do normally is prepare for all of these sort of emergency scenarios, as reflected in the U.S. grid response coverage, and test and drill for these," he said. "What we're experiencing over the last few weeks is that those drills come in handy because they help us prepare for when the real-time situation actually happens."

 

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Ontario Launches Largest Competitive Energy Procurement in Province’s History

Ontario Competitive Energy Procurement accelerates renewables, boosts grid reliability, and invites competitive bids across solar, wind, natural gas, and storage, driving innovation, lower costs, and decarbonization to meet rising electricity demand and ensure power supply.

 

Key Points

Ontario Competitive Energy Procurement is a competitive bidding program to deliver reliable, low-carbon electricity.

✅ Competitive bids from renewables, gas, and storage

✅ Targets grid reliability, affordability, and emissions

✅ Phased evaluations: technical, financial, environmental

 

Ontario has recently marked a significant milestone in its energy sector with the launch of what is being touted as the largest competitive energy procurement process in the province’s history. This ambitious initiative is set to transform the province’s energy landscape through a broader market overhaul that fosters innovation, enhances reliability, and addresses the growing demands of Ontario’s diverse population.

A New Era of Energy Procurement

The Ontario government’s move to initiate this massive competitive procurement process underscores a strategic shift towards modernizing and diversifying the province’s energy portfolio. This procurement exercise will invite bids from a broad spectrum of energy suppliers and technologies, ranging from traditional sources like natural gas to renewable energy options such as solar and wind power. The aim is to secure a reliable and cost-effective energy supply that aligns with Ontario’s long-term environmental and economic goals.

This historic procurement process represents a major leap from previous approaches by emphasizing a competitive marketplace where various energy providers can compete on an equal footing through electricity auctions and transparent bidding. By doing so, the government hopes to drive down costs, encourage technological advancements, and ensure that Ontarians benefit from a more dynamic and resilient energy system.

Key Objectives and Benefits

The primary objectives of this procurement initiative are multifaceted. First and foremost, it seeks to enhance the reliability of Ontario’s electricity grid. As the province experiences population growth and increased energy demands, maintaining a stable and dependable supply of electricity is crucial, and interprovincial imports through an electricity deal with Quebec can complement local generation. This procurement process will help identify and integrate new sources of power that can meet these demands effectively.

Another significant goal is to promote environmental sustainability. Ontario has committed to reducing its greenhouse gas emissions through Clean Electricity Regulations and transitioning to a cleaner energy mix. By inviting bids from renewable energy sources and innovative technologies, the government aims to support its climate action plan and contribute to the province’s carbon reduction targets.

Cost-effectiveness is also a central focus of the procurement process. By creating a competitive environment, the government anticipates that energy providers will strive to offer more attractive pricing structures and fair electricity cost allocation practices for ratepayers. This, in turn, could lead to lower energy costs for consumers and businesses, fostering economic growth and improving affordability.

The Competitive Landscape

The competitive energy procurement process will be structured to encourage participation from a wide range of energy providers. This includes not only established companies but also emerging players and startups with innovative technologies. By fostering a diverse pool of bidders, the government aims to ensure that all viable options are considered, ultimately leading to a more robust and adaptable energy system.

Additionally, the process will likely involve various stages of evaluation, including technical assessments, financial analyses, and environmental impact reviews. This thorough evaluation will help ensure that selected projects meet the highest standards of performance and sustainability.

Implications for Stakeholders

The implications of this procurement process extend beyond just energy providers and consumers. Local communities, businesses, and environmental organizations will all play a role in shaping the outcomes. For communities, this initiative could mean new job opportunities and economic development, particularly in regions where new energy projects are developed. For businesses, the potential for lower energy costs and access to innovative energy solutions, including demand-response initiatives like the Peak Perks program, could drive growth and competitiveness.

Environmental organizations will be keenly watching the process to ensure that it aligns with broader sustainability goals. The inclusion of renewable energy sources and advanced technologies will be a critical factor in evaluating the success of the initiative in meeting Ontario’s climate objectives.

Looking Ahead

As Ontario embarks on this unprecedented energy procurement journey, the outcomes will be closely watched by various stakeholders. The success of this initiative will depend on the quality and diversity of the bids received, the efficiency of the evaluation process, and the ability to integrate new energy sources into the existing grid, while advancing energy independence where feasible.

In conclusion, Ontario’s launch of the largest competitive energy procurement process in its history is a landmark event that holds promise for a more reliable, sustainable, and cost-effective energy future. By embracing competition and innovation, the province is setting a new standard for energy procurement that could serve as a model for other regions seeking to modernize their energy systems. The coming months will be crucial in determining how this bold initiative will shape Ontario’s energy landscape for years to come.

 

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Alberta Carbon tax is gone, but consumer price cap on electricity will remain

Alberta Electricity Rate Cap stays despite carbon tax repeal, keeping the Regulated Rate Option at 6.8 cents/kWh. Levy funds cover market gaps as the UCP reviews NDP policies to maintain affordable utility bills.

 

Key Points

Program capping RRO power at 6.8 cents/kWh, using levy funds to offset market prices while the UCP reviews policy.

✅ RRO cap fixed at 6.8 cents/kWh for eligible customers

✅ Levy funds pay generators when market prices exceed the cap

✅ UCP reviewing NDP policies to ensure affordable rates

 

Alberta's carbon tax has been cancelled, but a consumer price cap on electricity — which the levy pays for — is staying in place for now.

June electricity rates are due out on Monday, about four days after the new UCP government did away with the carbon charge on natural gas and vehicle fuel.

Part of the levy's revenue was earmarked by the previous NDP government to keep power prices at or below 6.8 cents per kilowatt hour under new electricity rules set by the province.

"The Regulated Rate Option cap of 6.8 cents/kWh was implemented by the previous government and currently remains in effect. We are reviewing all policies put in place by the former government and will make decisions that ensure more affordable electricity rates for job-creators and Albertans," said a spokesperson for Alberta's energy ministry in an emailed statement.

Albertans with regulated rate contracts and all City of Medicine Hat utility customers only pay that amount or less, though some Alberta ratepayers have faced deferral-related arrears.

If the actual market price rises above that, the difference is paid to generators directly from levy funds, a buffer that matters as experts warn prices are set to soar later this year.

The government has paid more than $55 million to utilities over the past year ending in March 2019, due to that electricity price cap being in place.

Alberta Energy says the price gap program will continue, at least for the time being, amid electricity policy changes being considered.

 

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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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