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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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Muskrat Falls Financing Restructuring redirects megadam benefits to ratepayers, stabilizes electricity rates, and overhauls federal provincial loan guarantees for the hydro project, addressing cost overruns flagged by the Public Utilities Board in Newfoundland and Labrador.

Key Points

A revised funding model shifting benefits to ratepayers to curb rate hikes linked to Muskrat Falls cost overruns.

✅ Shields ratepayers from megadam cost overruns

✅ Revises federal provincial loan guarantees

✅ Targets stable electricity rates by 2021 and beyond

Ottawa and Newfoundland and Labrador say they will rewrite the financial structure of the Muskrat Falls hydro project to shield ratepayers from paying for the megadam's cost overruns.

Federal Natural Resources Minister Seamus O'Regan and Premier Dwight Ball announced Monday that their two governments would scrap the financial structure agreed upon in past federal-provincial loan agreements, moving to a model that redirects benefits, such as a lump sum credit, to ratepayers.

Both politicians called the announcement, which was light on dollar figures, a major milestone in easing residents' fears that electricity rates will spike sharply, as seen with Nova Scotia's debated 14% hike, when the over-budget dam comes fully online next year.
"We are in a far better place today thanks to this comprehensive plan," Ball said.

Ball has said the issue of electricity rates is a top priority for his government, and he has pledged to keep rates near existing levels, but rate mitigation talks with Ottawa have dragged on since April.

A report by the province's Public Utilities Board released Friday forecast an "unprecedented" 75 per cent increase in average domestic rates for island residents in 2021, while Nova Scotia's regulator approved a 14% hike, and reported concerns from industrial customers about their ability to remain competitive.

Costs of the Muskrat Falls megadam on Labrador's Lower Churchill River have ballooned to more than $12.7 billion since the project was approved in 2012, according to the latest estimate of Crown corporation Nalcor Energy.

The dam is set to produce more power than the province can sell. Its existing financial structure would have left electricity ratepayers paying for Muskrat Falls to make up the difference starting in 2021, an issue both governments said Monday has been resolved with the relaunch of financing talks.

"Essentially, you won't pay this on your monthly light bills," Ball said.

But details of how the project will meet financing requirements in coming decades to make up the gap in funds are still to be worked out.

Both Ball and O'Regan criticized previous governments for sanctioning the poorly planned development and again pledged their commitment to easing the burden on residents.

"We promised we would be there to help, and we will be," O'Regan said before announcing a "relaunch" of negotiations around the project's financial structure.

He did not say how much the new setup might cost the federal government, despite earlier federal funding commitments, stressing that the new focus will be on the project's long-term sustainability. "There's no single piece of policy ... that can resolve such a large and complicated mess," O'Regan said.

The two governments also said they will work towards electrifying federal buildings to reduce an anticipated power surplus in the province.

In the short term, the federal government said it would allow for "flexibility" in upcoming cash requirements related to debt servicing, allowing deferral of payments if necessary.

Ball said that flexibility was built in to ensure the plan would still be applicable if costs continue to rise before Muskrat Falls is commissioned.

Political opponents criticized Monday's plan as lacking detail.

"What I heard talked about was an agreement that in the future, there's going to be an agreement," said Progressive Conservative Leader Ches Crosbie. "This was an occasion to reassure people that there's a plan in place to make life here affordable, and I didn't see that happen today."

Others addressed the lingering questions about the project's final cost.

Nalcor's latest financial update has remained unchanged since 2017, though the Muskrat Falls project has seen additional delays related to staffing and software issues.

Dennis Browne, the province's consumer advocate, said the switch to a cost of service model is a significant move that will benefit ratepayers, but he said it's impossible to truly restructure the project while it's a work in progress. "We need to know what the figures are, and we don't have them," he said.

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Maritime Link Subsea Cable enables HVDC grid interconnection across the Cabot Strait, linking Nova Scotia with Newfoundland and Labrador to import Muskrat Falls hydroelectric power and expand renewable energy integration and reliability.

Key Points

A 170-km HVDC subsea link connecting Nova Scotia and Newfoundland and Labrador for Muskrat Falls power and renewables

✅ 170-km HVDC subsea route across Cabot Strait

✅ Connects Nova Scotia and Newfoundland and Labrador grids

✅ Enables Muskrat Falls hydro and renewable energy trade

The longest sub-sea electricity cable in North America now connects Nova Scotia and Newfoundland and Labrador, according to the company behind the $1.7-billion Maritime Link project.  

The first of the project's two high-voltage power transmission cables was anchored at Point Aconi, N.S., on Sunday. 

The 170-kilometre long cable across the Cabot Strait will connect the power grids in the two provinces. The link will allow power to flow between the two provinces, as demonstrated by its first electricity transfer milestone, and bring to Nova Scotia electricity generated by the massive Muskrat Falls hydroelectric project in Labrador. 

Ultimately, the Maritime Link will help Nova Scotia reach the renewable energy goals set out by the federal government, said Rick Janega, the president and CEO of Emera Newfoundland and Labrador, whose subsidiary owns the Maritime Link.

"If not for the Maritime Link then really the province would not have the ability to meet those requirements because we're pretty much tapped out of all the hydro in province and all the wind generation without creating new interconnections like the Maritime Link," said Janega. 

Not everyone wanted the link 

Fishermen in Cape Breton had objected to the Maritime Link. They were concerned about how the undersea cable might affect fish in the area. 

The laying of the cable and other construction closed a three-kilometre long and 600-metre wide swath of ocean bottom to fishermen for the entire 2017 lobster season.  

But the company came to an agreement to compensate a group of 60 Cape Breton lobster and crab fishermen affected by the project this season. The terms of the compensation deal were not released. 

Long cable, big job

The transmission cable runs northwest of the Marine Atlantic ferry route between North Sydney, N.S., and Port aux Basques, N.L. 

Installation of the second cable is set to begin in June, a major step comparable to BC Hydro's Site C transmission milestone achieved recently. The entire link should be completed by late 2017 and should go into full service by January 2018.

"We're quite confident as soon as the Maritime Link is in service there will be energy transactions between Nova Scotia Power and Newfoundland Hydro. Both utilities have already identified opportunities to save money and exchange energy between the two provinces," said Janega.

That's two years before power is expected to flow from the Muskrat Falls hydro project. The Labrador-based power generating facility has been hampered by delays.

Those kinds of transmission project delays are expected for such a large project, said Janega, and won't stop the Maritime Link from being used. 

"With the Maritime Link going in service this year providing Nova Scotia the opportunity that it needs to be able to reach carbon reductions and to adapt to climate change and to increase renewable energy content and we're very pleased to be at this state today," said Janega.

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California Governor Gavin Newsom vetoed a bill aimed at expanding load flexibility in state grid planning, citing conflicts with California’s resource adequacy framework and concerns over grid reliability and energy planning uncertainty.

Why has Newsom vetoed the Bill to Codify Load Flexibility?

Governor Gavin Newsom’s veto blocks legislation that would have required the California Energy Commission to incorporate load flexibility into the state’s energy planning and policy framework, a move that has stirred debate across the clean energy sector.

✅ Argues the bill conflicts with California’s existing Resource Adequacy system

✅ Draws backlash from clean energy and grid modernization advocates

✅ Exposes ongoing tension over how to manage renewable integration and demand response

California Governor Gavin Newsom has vetoed Assembly Bill 44, which would have required the California Energy Commission to evaluate and incorporate load management mechanisms into the state’s energy planning process. The move drew criticism from clean energy advocates who say it undermines efforts to strengthen grid reliability and reduce costs.

The bill directed the commission to adopt “upfront technical requirements and load modification protocols” that would allow load-serving entities to adjust their electrical demand forecasts. Proponents viewed this as a way to modernize California’s grid management, and to explore a revamp of electricity rates to help clean the grid, making it more responsive to demand fluctuations and renewable energy variability.

In his veto statement, Newsom said the bill was incompatible with existing energy planning frameworks, even as a looming electricity shortage remains a concern. “While I support expanding electric load flexibility, this bill does not align with the California Public Utility Commission’s Resource Adequacy framework,” he said. “As a result, the requirements of this bill would not improve electric grid reliability planning and could create uncertainty around energy resource planning and procurement processes.”

Newsom’s decision comes shortly after he signed a broad package of energy legislation that set the stage for a regional Western electricity market and extended the state’s cap-and-trade program. However, that legislative package did not include continued funding for several key grid reliability programs — including what advocates have called the world’s largest virtual power plant, a distributed network of connected devices that can balance electricity demand in real time.

Clean energy supporters saw AB 44 as a crucial step toward integrating these distributed energy resources into long-term grid planning. “With Assembly Bill 44 being vetoed, the state has missed a huge opportunity to advance common-sense policy that would have lowered costs, strengthened the grid, and unlocked the full potential of advanced energy,” said Edson Perez, California lead at Advanced Energy United.

Perez added that the setback increases pressure on lawmakers to take stronger action in the next legislative session. “The pressure is on next session to ensure that California is using all tools in its policy toolbox to build critically needed infrastructure, strengthen the grid, and bring costs down,” he said.

California’s growing use of demand response programs and virtual power plants has been central to its strategy for managing grid stress during heat waves and wildfire seasons. These systems allow utilities and customers to temporarily reduce or shift energy use, helping to prevent blackouts and reduce the need for fossil-fuel peaker plants during peak demand.

A recent report by the Brattle Group found that California’s taxpayer-funded virtual power plant could save ratepayers $206 million between 2025 and 2028 while reducing reliance on gas generation. The study, commissioned by Sunrun and Tesla Energy, highlighted the potential for flexible load management to improve both grid reliability and reduce costs, even as regulators weigh whether the state needs more power plants to ensure reliability.

Despite these findings, Newsom’s veto signals continued tension between state policymakers and clean energy advocates over how best to modernize California’s power grid. While the governor has prioritized large-scale renewable development and regional market integration, critics argue that California’s climate policy choices risk exacerbating reliability challenges and that failing to codify load flexibility could slow progress toward a more adaptive, resilient, and affordable clean energy future.

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BC Hydro Clean Energy Champions highlights Vancouver's Bloedel Conservatory electrification with a massive heat pump, clean electricity, LED lighting, deep energy efficiency, and 90% greenhouse gas reductions advancing climate action across buildings and industry.

Key Points

A BC Hydro program honoring clean electricity adoption in homes, transport, and industry to replace fossil fuels.

✅ Vancouver's Bloedel Conservatory cut GHGs by 90% with a heat pump

✅ LEDs and electrification boost efficiency, comfort, and reliability

✅ Nominations open for residents, businesses, and Indigenous groups

The City of Vancouver has been selected as BC Hydro’s first Clean Energy Champion for energy efficient upgrades made at the Bloedel Conservatory that cut greenhouse gas emissions by 90 per cent, a meaningful step given concerns about 2050 greenhouse gas targets in B.C.

BC Hydro’s Clean Energy Champions program is officially being launched today to recognize residents, businesses, municipalities, Indigenous and community groups across B.C. that have made the choice to switch from using fossil fuels to using clean electricity in three primary areas: homes and buildings, transportation, and industry, even as drought challenges power generation in B.C. The City of Vancouver is being recognized as the first champion for demonstrating its commitment to using clean energy, including power from projects like Site C's electricity, to fight climate change at its landmark Bloedel Conservatory.

Earlier this year, the City of Vancouver installed a large air source heat pump at Bloedel Conservatory – more than 50 times the size of a heat pump used in a typical B.C. home – that uses electricity instead of natural gas to heat and cool the dome's interior, which is home to more than 500 exotic plants and flowers, and 100 exotic birds, aligning with citywide debates such as Vancouver’s reversal on gas appliances policy. It is the biggest heat pump the City of Vancouver has ever installed, with 210 tonnes of cooling capacity.

A heat pump that provides cooling in the summer and heating in the winter, helping reduce reliance on wasteful air conditioning that can drive up energy bills, is ideal for the conservatory, as its dome is completely made of glass, which can be challenging for temperature regulation. While the dome experiences a lot of heat loss in the colder months, its need for cooling in warmer weather is even greater to ensure the safety of the wildlife and plants that call it home.

The clean energy upgrades do not end there though. All lighting in the building has been upgraded to energy-efficient LEDs, reflecting conservation themes highlighted by 2018 Earth Hour electricity use discussions, and outside colour-changing LEDs now surround the perimeter and light up the dome at night.

BC Hydro is calling for nominations from B.C. residents, businesses, municipalities or Indigenous and community groups that have taken steps to lower their carbon footprint and adopt new clean energy technologies, and continues to support customers through programs like its winter payment plan during colder months. If you or someone you know is a Clean Energy Champion, nominate them at bchydro.com/cleanenergychampions.

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Ontario Starlink Contract Cancellation underscores rising tariffs, trade tensions, and retaliation, as SpaceX's Elon Musk loses a rural broadband deal; Ontario pivots to procurement bans, energy resilience, and nuclear power to boost grid independence.

Key Points

Ontario ended a C$100M Starlink deal over U.S. tariffs, prompting a shift to rural broadband alternatives.

✅ Triggered by U.S. tariffs; Ontario adopts retaliatory procurement bans.

✅ Ends plan to connect 15,000 rural homes and businesses with broadband.

✅ Signals push for energy resilience, nuclear power, and grid independence.

In a decisive move, Ontario Premier Doug Ford announced the cancellation of a C$100 million contract with Elon Musk's Starlink, a subsidiary of SpaceX, in direct response to U.S. President Donald Trump's imposition of tariffs on Canadian imports. This action underscores the escalating trade tensions between Canada and the United States, a theme highlighted during Ford's Washington meeting on energy tariffs earlier this month, and highlights Ontario's efforts to safeguard its economic interests.

The now-terminated agreement, established in November, aimed to provide high-speed internet access to 15,000 homes and businesses in Ontario's remote areas. Premier Ford's decision to "rip up" the contract signifies a broader strategy to distance the province from U.S.-based companies amid the current trade dispute. He emphasized, "Ontario won't do business with people hell-bent on destroying our economy."

This move is part of a series of retaliatory measures by Canadian provinces, including Ford's threat to cut electricity exports to the U.S., following President Trump's announcement of a 25% tariff on nearly all Canadian imports, excluding oil, which faces a 10% surcharge. These tariffs, set to take effect imminently, have prompted concerns about potential economic downturns in Canada. In response, Prime Minister Justin Trudeau declared that Canada would impose 25% tariffs on C$155 billion worth of U.S. goods, aiming to exert pressure on the U.S. administration to reconsider its stance.

Premier Ford's actions reflect a broader sentiment of economic nationalism, as he also announced a ban on American companies from provincial contracts until the U.S. tariffs are lifted. He highlighted that Ontario's government and its agencies allocate $30 billion annually on procurement, and reiterated his earlier vow to fire the Hydro One CEO and board as part of broader reforms aimed at efficiency.

The cancellation of the Starlink contract raises concerns about the future of internet connectivity in Ontario's rural regions. The original deal with Starlink was seen as a significant step toward bridging the digital divide, offering high-speed internet to underserved communities. With the contract's termination, the province faces the challenge of identifying alternative solutions to fulfill this critical need.

Beyond the immediate implications of the Starlink contract cancellation, Ontario is confronting broader challenges in ensuring the resilience and independence of its energy infrastructure. The province's reliance on external entities for critical services, such as internet connectivity and energy, has come under scrutiny, as Canada's electricity exports are at risk amid ongoing trade tensions and policy uncertainty.

Premier Ford has expressed a commitment to expanding Ontario's capacity to generate nuclear power as a means to bolster energy self-sufficiency. While this strategy aims to reduce dependence on external energy sources, it presents its own set of challenges that critics argue require cleaning up Ontario's hydro mess before new commitments proceed. Developing nuclear infrastructure requires substantial investment, rigorous safety protocols, and long-term planning. Moreover, the integration of nuclear power into the province's energy mix necessitates careful consideration of environmental impacts and public acceptance.

The concept of "Trump-proofing" Ontario's electricity grid involves creating a robust and self-reliant energy system capable of withstanding external political and economic pressures. Achieving this goal entails diversifying energy sources, including building on Ontario's electricity deal with Quebec to strengthen interties, investing in renewable energy technologies, and enhancing grid infrastructure to ensure stability and resilience.

However, the path to energy independence is fraught with complexities. Balancing the immediate need for reliable energy with long-term sustainability goals requires nuanced policy decisions, including Ontario's Supreme Court challenge to the global adjustment fee and related regulatory reviews to clarify cost impacts. Additionally, fostering collaboration between government entities, private sector stakeholders, and the public is essential to navigate the multifaceted challenges associated with overhauling the province's energy framework.

Ontario's recent actions, including the cancellation of the Starlink contract, underscore the province's proactive stance in safeguarding its economic and infrastructural interests amid evolving geopolitical dynamics. While such measures reflect a commitment to self-reliance, they also highlight the intricate challenges inherent in reducing dependence on external entities. As Ontario charts its course toward a more autonomous future, strategic planning, investment in sustainable technologies, and collaborative policymaking will be pivotal in achieving long-term resilience and prosperity.

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