Aluminum industry vows to go greener

By Montreal Gazette


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Quebec's aluminum companies said they're well on their way to meet their commitments to reduce greenhouse-gas emissions.

Representatives of the major aluminum companies and Quebec Environment Minister Line Beauchamp announced they had signed an agreement to cut the equivalent of 150,000 tonnes of carbon dioxide per year from 2008 to 2012. The reductions are to be verified by external auditors.

"This is a good story to tell," Beauchamp said. "It shows that companies can become more environmentally friendly and it can result in economic benefits."

The aluminum industry in Quebec emits the equivalent of 2.5 million tonnes of carbon dioxide per year, so the reduction represents about six per cent of the total emissions.

Since 1990, Quebec companies have reduced their overall carbon footprint by about 10 per cent, largely by updating to more energy-efficient equipment.

John Bennett, executive director of the Sierra Club of Canada, commended aluminum companies for their efforts, but said the technology to save electricity has been around for several years.

"It should have been mandated a long time ago, but the aluminum companies are very powerful," Bennett said. "We're very pleased that they're finally going to do it. We'll be watching carefully that they'll meet their targets."

Bennett said he's pleased the aluminum industry is actively working to reduce greenhouse gases, and other industries should follow suit.

Aluminum requires a lot of electricity to produce, so the industry benefits every time it becomes more energy efficient, said Jean Simon, North American president of Rio Tinto Alcan Primary Metal.

He said new factories consume about half as much electricity as the old ones and produce about 40 per cent more aluminum.

Simon added recycling old aluminum also helps reduce emissions, since it takes about a tenth of the energy to recycle aluminum than producing it for the first time.

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Bitcoin consumes 'More electricity than Argentina' - Cambridge

Bitcoin energy consumption is driven by mining electricity demand, with TWh-scale power use, carbon footprint concerns, and Cambridge estimates. Rising prices incentivize more hardware; efficiency gains and renewables adoption shape sustainability outcomes.

 

Key Points

Bitcoin energy consumption is mining's electricity use, driven by price, device efficiency, and energy mix.

✅ Cambridge tool estimates ~121 TWh annual usage

✅ Rising BTC price incentivizes more mining hardware

✅ Efficiency, renewables, and costs shape footprint

 

"Mining" for the cryptocurrency is power-hungry, with power curtailments reported during heat waves, involving heavy computer calculations to verify transactions.

Cambridge researchers say it consumes around 121.36 terawatt-hours (TWh) a year - and is unlikely to fall unless the value of the currency slumps, even as Americans use less electricity overall.

Critics say electric-car firm Tesla's decision to invest heavily in Bitcoin undermines its environmental image.

The currency's value hit a record $48,000 (£34,820) this week. following Tesla's announcement that it had bought about $1.5bn bitcoin and planned to accept it as payment in future.

But the rising price offers even more incentive to Bitcoin miners to run more and more machines.

And as the price increases, so does the energy consumption, according to Michel Rauchs, researcher at The Cambridge Centre for Alternative Finance, who co-created the online tool that generates these estimates.

“It is really by design that Bitcoin consumes that much electricity,” Mr Rauchs told BBC’s Tech Tent podcast. “This is not something that will change in the future unless the Bitcoin price is going to significantly go down."

The online tool has ranked Bitcoin’s electricity consumption above Argentina (121 TWh), the Netherlands (108.8 TWh) and the United Arab Emirates (113.20 TWh) - and it is gradually creeping up on Norway (122.20 TWh).

The energy it uses could power all kettles used in the UK, where low-carbon generation stalled in 2019, for 27 years, it said.

However, it also suggests the amount of electricity consumed every year by always-on but inactive home devices in the US alone could power the entire Bitcoin network for a year, and in Canada, B.C. power imports have helped meet demand.

Mining Bitcoin
In order to "mine" Bitcoin, computers - often specialised ones - are connected to the cryptocurrency network.

They have the job of verifying transactions made by people who send or receive Bitcoin.

This process involves solving puzzles, which, while not integral to verifying movements of the currency, provide a hurdle to ensure no-one fraudulently edits the global record of all transactions.

As a reward, miners occasionally receive small amounts of Bitcoin in what is often likened to a lottery.

To increase profits, people often connect large numbers of miners to the network - even entire warehouses full of them, as seen with a Medicine Hat bitcoin operation backed by an electricity deal.

That uses lots of electricity because the computers are more or less constantly working to complete the puzzles, prompting some utilities to consider pauses on new crypto loads in certain regions.

The University of Cambridge tool models the economic lifetime of the world's Bitcoin miners and assumes that all the Bitcoin mining machines worldwide are working with various efficiencies.

Using an average electricity price per kilowatt hour ($0.05) and the energy demands of the Bitcoin network, it is then possible to estimate how much electricity is being consumed at any one time, though in places like China's power sector data can be opaque.
 

 

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British Columbians can access more in EV charger rebates

B.C. EV Charging Rebates boost CleanBC incentives as NRCan and ZEVIP funding covers up to 75% of Level 2 and DC fast-charger purchase and installation costs for homes, workplaces, condos, apartments, and fleet operators.

 

Key Points

Incentives in B.C. cover up to 75% of Level 2 and DC fast charger costs for homes, workplaces, and fleets.

✅ Up to 75% back; Level 2 max $5,000; DC fast max $75,000 for fleets.

✅ Eligible sites: homes, workplaces, condos, apartments, fleet depots.

✅ Funded by CleanBC with NRCan ZEVIP; time-limited top-up.

 

The Province and Natural Resources Canada (NRCan) are making it more affordable for people to install electric vehicle (EV) charging stations in their homes, businesses and communities, as EV demand ramps up across the province.

B.C. residents, businesses and municipalities can receive higher rebates for EV charging stations through the CleanBC Go Electric EV Charger Rebate and Fleets programs. For a limited time, funding will cover as much as 75% of eligible purchase and installation costs for EV charging stations, which is an increase from the previous 50% coverage.

“With electric vehicles representing 13% of all new light-duty vehicles sold in B.C. last year, our province has the strongest adoption rate of electric vehicles in Canada. We’re positioning ourselves to become leaders in the EV industry,” said Bruce Ralston, B.C.’s Minister of Energy, Mines and Low Carbon Innovation. “We’re working with our federal partners to increase rebates for home, workplace and fleet charging, and making it easier and more affordable for people to make the switch to electric vehicles.”

With a $2-million investment through NRCan’s Zero-Emission Vehicle Infrastructure Program (ZEVIP) to top up the Province’s EV Charger Rebate program, workplaces, condominiums and apartments can get a rebate for a Level 2 charging station for as much as 75% of purchase and installation costs to a maximum of $5,000. As many as 360 EV chargers will be installed through the program.

“We’re making electric vehicles more affordable and charging more accessible where Canadians live, work and play,” said Jonathan Wilkinson, federal Minister of Natural Resources. “Investing in more EV chargers, like the ones announced today in British Columbia, will put more Canadians in the driver’s seat on the road to a net-zero future and help achieve our climate goals.”

Through the CleanBC Go Electric Fleets program and in support of B.C. businesses that own and operate fleet vehicles, NRCan has invested $1.54 million through ZEVIP to top up rebates. Fleet operators can get combined rebates from NRCan and the Province for a Level 2 charging station as much as 75% to a maximum of $5,000 of purchase and installation costs, and 75% to a maximum of $75,000 for a direct-current, fast-charging station. As many as 450 EV chargers will be installed through the program.

CleanBC is a pathway to a more prosperous, balanced and sustainable future. It supports government’s commitment to climate action to meet B.C.’s emission targets and build a cleaner, stronger economy.

Quick Facts:

  • A direct-current fast charger on the BC Electric Highway allows an EV to get 100-300 kilometres of range from 30 minutes of charging.
  • Faster chargers, which give more range in less time, are coming out every year.
  • A Level 2 charger allows an EV to get approximately 30 kilometres of range per hour of charging.
  • It uses approximately the same voltage as a clothes dryer and is usually installed in homes, workplaces or for fleets to get a faster charge than a regular outlet, or in public places where people might park for a longer time.
  • A key CleanBC action is to strengthen the Zero-Emission Vehicles Act to require light-duty vehicle sales to be 26% zero-emission vehicles (ZEVs) by 2026, 90% by 2030 and 100% by 2035, five years ahead of the original target.
  • At the end of 2021, B.C. had more than 3,000 public EV charging stations and almost 80,000 registered ZEVs.

Learn More:

To learn more about home and workplace EV charging-station rebates, eligibility and application processes, visit: https://goelectricbc.gov.bc.ca/   

To learn more about the Fleets program, visit: https://pluginbc.ca/go-electric-fleets/    

To learn more about Natural Resources Canada’s Zero-Emission Vehicle Infrastructure Program, visit:
https://www.nrcan.gc.ca/energy-efficiency/transportation-alternative-fuels/zero-emission-vehicle-infrastructure-program/21876

 

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Electrifying: New cement makes concrete generate electricity

Cement-Based Conductive Composite transforms concrete into power by energy harvesting via triboelectric nanogenerator action, carbon fibers, and built-in capacitors, enabling net-zero buildings and self-sensing structural health monitoring from footsteps, wind, rain, and waves.

 

Key Points

A carbon fiber cement that harvests and stores energy as electricity, enabling net-zero, self-sensing concrete.

✅ Uses carbon fibers to create a conductive concrete matrix

✅ Acts as a triboelectric nanogenerator and capacitor

✅ Enables net-zero, self-sensing structural health monitoring

 

Engineers from South Korea have invented a cement-based composite that can be used in concrete to make structures that generate and store electricity through exposure to external mechanical energy sources like footsteps, wind, rain and waves, and even self-powering roads concepts.

By turning structures into power sources, the cement will crack the problem of the built environment consuming 40% of the world’s energy, complementing vehicle-to-building energy strategies across the sector, they believe.

Building users need not worry about getting electrocuted. Tests showed that a 1% volume of conductive carbon fibres in a cement mixture was enough to give the cement the desired electrical properties without compromising structural performance, complementing grid-scale vanadium flow batteries in the broader storage landscape, and the current generated was far lower than the maximum allowable level for the human body.

Researchers in mechanical and civil engineering from from Incheon National University, Kyung Hee University and Korea University developed a cement-based conductive composite (CBC) with carbon fibres that can also act as a triboelectric nanogenerator (TENG), a type of mechanical energy harvester.

They designed a lab-scale structure and a CBC-based capacitor using the developed material to test its energy harvesting and storage capabilities, similar in ambition to gravity storage approaches being scaled.

“We wanted to develop a structural energy material that could be used to build net-zero energy structures that use and produce their own electricity,” said Seung-Jung Lee, a professor in Incheon National University’s Department of Civil and Environmental Engineering, noting parallels with low-income housing microgrids in urban settings.

“Since cement is an indispensable construction material, we decided to use it with conductive fillers as the core conductive element for our CBC-TENG system,” he added.

The results of their research were published this month in the journal Nano Energy.

Apart from energy storage and harvesting, the material could also be used to design self-sensing systems that monitor the structural health and predict the remaining service life of concrete structures without any external power, which is valuable in industrial settings where hydrogen-powered port equipment is being deployed.

“Our ultimate goal was to develop materials that made the lives of people better and did not need any extra energy to save the planet. And we expect that the findings from this study can be used to expand the applicability of CBC as an all-in-one energy material for net-zero energy structures,” said Prof. Lee, pointing to emerging circular battery recycling pathways for net-zero supply chains.

Publicising the research, Incheon National University quipped: “Seems like a jolting start to a brighter and greener tomorrow!”

 

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Mike Sangster to Headline Invest in African Energy Forum

TotalEnergies Africa Energy Strategy 2025 spotlights oil, gas, LNG, and renewables, with investments in Namibia, Congo, Mozambique, Uganda, Morocco, and South Africa, driving upstream growth, clean energy, and energy transition partnerships.

 

Key Points

An investment roadmap uniting oil, gas, LNG, and renewables to speed Africa's upstream growth and energy transition.

✅ Keynote by Mike Sangster at IAE Paris 2025.

✅ Oil, gas, LNG projects across Namibia, Congo, Mozambique, Uganda.

✅ Scaling renewables: solar, wind, green ammonia for export.

 

Mike Sangster, Senior Vice President for Africa at TotalEnergies, will play a pivotal role in the upcoming Invest in African Energy (IAE) Forum, which will take place in Paris on May 13-14, 2025. As a key figure in one of the world’s largest energy companies, Sangster's participation in the forum is expected to offer crucial insights into Africa’s evolving energy landscape, particularly in the areas of oil, gas, and renewable energy.

TotalEnergies' Role in Africa's Energy Landscape

TotalEnergies has long been a major player in Africa’s energy sector, driving development across both emerging and established markets. The company has a significant footprint in countries such as Namibia, the Republic of Congo, Libya, Mozambique, Uganda, and South Africa. TotalEnergies’ investments span both traditional oil and gas projects as well as renewable energy initiatives, reflecting its commitment to a more diversified energy future for Africa.

In Namibia, for instance, TotalEnergies is advancing its Venus-1 discovery, with plans to produce its first oil by the end of the decade. The company is also heavily involved in the Orange Basin exploration. Meanwhile, in the Republic of Congo, TotalEnergies is investing $600 million to enhance deepwater production at its Moho Nord field.

Beyond oil and gas, the company is expanding its renewable energy portfolio across the continent. This includes significant solar, wind, and hydropower projects, such as the 500 MW Sadada solar project in Libya, a 216 MW solar plant with battery storage in South Africa, and a 1 GW wind and solar project in Morocco designed to produce green ammonia for export.

The Invest in African Energy Forum

The IAE Forum, which TotalEnergies’ Sangster will headline, is an exclusive event aimed at facilitating investment between African energy markets and global investors, including discussions on COVID-19 funding for electricity access mechanisms that emerged, and their relevance to current capital flows. With a focus on fostering partnerships and discussions about the future of energy in Africa, the event will bring together industry experts, project developers, investors, and policymakers for two days of intensive engagement.

The forum will also serve as a crucial platform for sharing perspectives on the role of private investment, as outlined in the IEA investment outlook for Africa's power systems, in Africa’s energy future, strategies for unlocking new upstream opportunities, and the transition to a more sustainable energy system. This makes Sangster's participation, as someone directly involved in both conventional and renewable energy projects across the continent, particularly significant.

TotalEnergies' Diversified Strategy in Africa

Sangster’s keynote address and participation in an exclusive fireside chat will provide an in-depth look into TotalEnergies’ strategy for Africa. His insights will touch upon the company's ongoing projects in the oil and gas sectors, as well as its renewable energy investments. TotalEnergies has committed to making its portfolio more sustainable, underscored by its recent VSB acquisition to expand renewables capabilities, while continuing to be a leader in the energy transition.

One of the company’s notable projects is the Mozambique LNG initiative, a $20 billion venture aimed at supplying liquefied natural gas to international markets. Additionally, TotalEnergies is gearing up for the first oil from its Tilenga field in Uganda, which will be transported through the East African Crude Oil Pipeline (EACOP), the longest heated crude oil pipeline in the world.

In South Africa, TotalEnergies is constructing one of the largest renewable energy projects, a 216 MW solar power plant with integrated battery storage. This project is expected to significantly contribute to the country’s clean energy ambitions. Furthermore, in Morocco, TotalEnergies is developing a major wind and solar facility that will produce green ammonia, aligning with its broader strategy to provide solutions for Europe’s energy needs.

Africa’s Energy Transition

The forum’s timing could not be more critical, given the pressing need for an energy transition in Africa. While the continent remains heavily reliant on fossil fuels for its energy needs, there is growing momentum toward incorporating renewable energy sources, a point reinforced by the IRENA renewables report on decarbonisation and quality of life, which highlights the transformative potential. Africa’s vast natural resources, combined with global investments and partnerships, position the continent as a key player in the global shift toward sustainable energy.

However, Africa faces unique challenges in transitioning to renewable energy, reflecting a broader Sub-Saharan electricity challenge that also presents opportunity, across many markets. These challenges include a lack of infrastructure, financial constraints, and the need for increased political stability in certain regions. The IAE Forum provides an opportunity to address these barriers, with industry leaders like Sangster offering solutions based on real-world experiences and investments.

As the energy sector continues to evolve globally, and even if electricity systems are unlikely to go fully green this decade according to some outlooks, Africa's potential remains vast. The continent’s diverse energy resources, from oil and gas to renewables, offer a unique opportunity to build a more sustainable and resilient energy future. The Invest in African Energy Forum serves as an important platform for global stakeholders to collaborate, learn, and invest in the energy transformation taking place across the continent.

Mike Sangster’s insights at the forum will undoubtedly shape discussions on how companies like TotalEnergies are navigating the intersection of universal electricity access goals, sustainability, and economic growth in Africa. With Africa’s energy needs expected to increase exponentially in the coming decades, ensuring that these needs are met sustainably and equitably will be a priority for both policymakers and private investors.

As the global energy landscape continues to shift, the Invest in African Energy Forum provides a critical space for shaping the future of Africa’s energy sector, offering invaluable opportunities for investment, innovation, and collaboration.

 

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EU Plans To Double Electricity Use By 2050

European Green Deal Electrification accelerates decarbonization via renewables, electric vehicles, heat pumps, and clean industry, backed by sustainable finance, EIB green lending, just transition funds, and energy taxation reform to phase out fossil fuels.

 

Key Points

An EU plan to replace fossil fuels with renewable electricity in transport, buildings, and industry, supported by green finance.

✅ Doubles electricity's share to cut CO2 and phase out fossil fuels.

✅ Drives EVs, heat pumps, and electrified industry via renewables.

✅ Funded by EIB lending, EU budget, and just transition support.

 

The European Union is preparing an ambitious plan to completely decarbonize by 2050. Increasing the share of electricity in Europe’s energy system – electricity that will increasingly come from renewable sources - will be at the center of this strategy, aligning with the broader global energy transition under way, the new head of the European Commission’s energy department said yesterday.

This will mean more electric cars, electric heating and electric industry. The idea is that fossil fuels should no longer be a primary energy source, heating homes, warming food or powering cars. In the medium term they should only be used to generate electricity, a shift mirrored by New Zealand's electricity shift efforts, which then powers these things, resulting in less CO2 emissions.

“First assessments show we need to double the share of electricity in energy consumption by 2050,” Ditte Juul-Jørgensen said at an event in Brussels this week, a goal echoed by recent calls to double investment in power systems from world leaders. “We’ve already seen an increase in the last decade, but we need to go further”.

Juul-Jørgensen, who started in her job as director-general of the commission’s energy department in August, has come to the role at a pivotal time for energy. The 2050 decarbonization proposal from the Commission, the EU’s executive branch, is expected to be approved next month by EU national leaders. A veto from Poland that has blocked adoption until now is likely to be overcome if Poland and other Eastern European countries are offered financial assistance from a “just transition fund”, according to EU sources.

Ursula von der Leyen, the incoming President of the Commission, has promised to unveil a “European Green Deal” in her first 100 days in office designed to get the EU to its 2050 goal. Juul-Jørgensen will be working with the incoming EU Energy Commissioner, Kadri Simson, on designing this complex strategy. The overall aim will be to phase out fossil fuels, and increase the use of electricity from green sources, amid trends like oil majors pivoting to electric across Europe today.

“This will be about how do we best make use of electricity to feed into other sectors,” Juul-Jørgensen said. “We need to think about transforming it into other sources, and how to best transport it.”

“But the biggest challenge from what I see today is that of investment and finance - the changes we have to make are very significant.”

 

Financing problems

The Commission is going to try to tackle the challenges of financing the energy transition with two tools: dedicated climate funding in the EU budget, and dedicated climate lending from the European Investment Bank.

“The EIB will play an increasing role in future. We hope to see agreement [with the EIB board] on that in the coming months so there’s a clear operator in the EIB to support the green transition. We’re looking at something around €400 billion a year.”

The Commission’s proposed dedicated climate spending in the next seven-year budget must still be approved by the 28 EU national governments. Juul-Jørgensen said there is unanimous agreement on the amount: 25% of the budget. But there is disagreement about how to determine what is green spending.

“A lot of work has been ongoing to ensure that when it comes to counting it reflects the reality of the investments,” she said. “We’re working on the taxonomy on sustainable finance - internally identifying sectors contributing to overall climate objectives.”

 

Electricity pact

Juul-Jørgensen was speaking at an event organized by the the Electrification Alliance, a pact between nine industry organizations to lobby for electricity to be put at the heart of the European green deal. They signed a declaration at the event calling for a variety of measures to be included in the green deal, reflecting debates over a fully renewable grid by 2030 in other jurisdictions, including a change to the EU’s energy taxation regime which incentivizes a switch from fossil fuel to electricity consumption.

“Electrification is the most important solution to turn the vision of a fossil-free Europe into reality,” said Laurence Tubiana, CEO of the European Climate Foundation, one of the signatories, and co-architect of the Paris Agreement.

“We are determined to deliver, but we must be mindful of the different starting points and secure sufficient financing to ensure a fair transition”, said Magnus Hall, President of electricity industry association Eurelectric, another signatory.

The energy taxation issue has been particularly tricky for the EU, since any change in taxation rules requires the unanimous consent of all 28 EU countries. But experts say that current taxation structures are subsidizing fossil fuels and punishing electricity, as recent UK net zero policy changes illustrate, and unless this is changed the European Green Deal can have little effect.

“Yes this issue will be addressed in the incoming commission once it takes up its function,” Juul-Jørgensen said in response to an audience question. “We all know the challenge - the unanimity requirement in the Council - and so I hope that member states will agree to the direction of work and the need to address energy taxation systems to make sure they’re consistent with the targets we’ve set ourselves.”

But some are concerned that the transformation envisioned by the green deal will have negative impacts on some of the most vulnerable members of society, including those who work in the fossil fuel sector.

This week the Centre on Regulation in Europe sent an open letter to Frans Timmermans, the Commission Vice President in charge of climate, warning that they need to be mindful of distributional effects. These worries have been heightened by the yellow vest protests in France, which were sparked by French President Emmanuel Macron’s attempt to increase fuel taxes for non-electric cars.

“The effectiveness of climate action and sustainability policies will be challenged by increasing social and political pressures,” wrote Máximo Miccinilli, the center’s director for energy. “If not properly addressed, those will enhance further populist movements that undermine trust in governance and in the public institutions.”

Miccinilli suggests that more research be done into identifying, quantifying and addressing distributional effects before new policies are put in place to phase out fossil fuels. He proposes launching a new European Observatory for Distributional Effects of the Energy Transition to deal with this.

EU national leaders are expected to vote on the 2050 decarbonization target, building on member-state plans such as Spain's 100% renewable electricity goal by mid-century, at a summit in Brussels on December 12, and Von der Leyen will likely unveil her European Green Deal in March.

 

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

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

 

Key Points

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

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

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

✅ Appeals Ontario ruling; implications for ratepayers and policy.

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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