Hydro-Quebec a slow learner on native rights

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.
 

Related News

• Electricity Forum News

• Energy Policy News

Alberta electricity price spike drives 25% CPI surge amid heatwave demand, coal-to-gas conversions, hydro shortfalls, and outages; consumers weigh fixed-rate plans, solar panels, home retrofits, and variable rates to manage bills and grid volatility.

Key Points

A recent 25% monthly rise in Alberta power prices driven by heatwave demand, constraints, outages, and fuel shifts.

✅ Heatwave pushed summer peak demand near record

✅ Coal-to-gas conversions and outages tightened supply

✅ Fixed-rate plans, solar, retrofits can reduce bill risk

Albertans might notice they are paying more when the next electricity bill comes in as bills on the rise in Calgary alongside provincial trends.

According to the consumer price index, Alberta saw its largest monthly increase since July 2015 as the price of electricity in Alberta rose 25 per cent amid rising electricity prices across the province.

“So I paid negative $70 last month. I actually made money. To supply power to the grid,” said Conrad Nobert, with Climate Action Edmonton.

Norbert is an environmental activist who favours solar power and is warning that prices will continue to go up along with the rising effects from climate change.

“My thoughts are that we can mitigate the price of power going up by taking climate action.”

Alberta experienced one of the hottest summers on record and many people were left scrambling to buy air conditioners.

That demand, along with a number of other factors, drove up prices, prompting some households to lock in rates for protection, says an assistant professor at the University of Calgary who teaches electricity systems.

“At the end of June, during the heatwave, we were a couple megawatts shy of setting an all-time record demand for electricity in the province. That would have been the first time that record for demand in the summer. Traditionally Alberta is a winter peaking province, as shown by an electricity usage record during a deep freeze not long ago,” explained Sara Hastings Simon, an assistant professor at the University of Calgary.

Other reasons for the spike: Alberta’s continuing shift from coal to natural-gas-fired power and changes to electricity production and pricing across the market.

There are a few ways consumers can save money on their power bill; installing solar panels and retrofitting your home to opting for a fixed-rate plan, or considering protections like a consumer price cap where applicable.

“So by default, people are put into a variable rate plan, that changes month to month and that helps to manage prices so you don’t get that big surprise at where prices might be. I think we will get a lot more people looking at that option.”

A statement provided by Dale Nally, Alberta’s Associate Minister of natural gas and electricity, noted recent policy changes including the carbon tax repeal and price cap now in place that affect consumers, says in part:

“This period of high market prices is driven by low supplies of hydro-generated electricity from British Columbia and the pacific northwest, scheduled outages for coal-gas-conversions, unplanned infrastructure outages and unprecedented, and record-breaking high demand due to hot weather. We expect some of the factors that have caused recent increases in prices will be short-term.”

Related News

• Electricity Forum News

• Energy Policy News

Ontario Clean Energy Expansion signals IESO-backed renewables, energy storage, and low-CO2 power to meet EV-driven demand, offset Pickering nuclear retirement, and balance interim gas-fired generation while advancing grid reliability, decarbonization, and net-zero targets.

Key Points

Ontario Clean Energy Expansion plans to grow renewables and storage, manage short-term gas, and meet rising demand.

✅ IESO long-term procurements for renewables and storage

✅ Interim reliance on gas to replace Pickering capacity

✅ Targets align with net-zero grid reliability goals

After cancelling hundreds of renewable power projects four years ago, the Doug Ford government appears set to expand clean energy to meet a looming electricity shortfall across the province.

Recent announcements from Ontario Energy Minister Todd Smith and the province’s electric grid management agency suggest the province plans to expand low-CO2 electricity with new wind and solar plans in the long-term, even as it ramps up gas-fired power over the next five years.

The moves are in response to an impending electricity shortfall as climate-conscious drivers switch to electric vehicles, farmers replace field crops with greenhouses and companies like ArcelorMittal Dofasco in Hamilton switch from CO2-heavy manufacturing to electricity-based production. Forecasters predict Canada will need to double its power supply by 2050.

While Ontario has a relatively low-CO2 power system, the province’s electricity supply will be reduced in 2025 when Ontario Power Generation closes the 50-year-old Pickering nuclear station, now near the end of its operating life. This will remove 3,100 megawatts of low-CO2 generation, about eight per cent of the province’s 40,000-megawatt total.

The impending closure has created a difficult situation for the Independent Electricity System Operator (IESO), the provincial agency managing Ontario’s grid. Last year, it forecasted it would need to sharply increase CO2-polluting natural gas-fired power to avoid widespread blackouts.

This would mean drivers switching to electric vehicles or companies like Dofasco cutting CO2 through electrification would end up causing higher power system emissions.

It would also fly in the face of the federal government’s ambition to create a net-zero national electricity system by 2035, a critical part of Canada’s pledge to reduce CO2 emissions to zero by 2050.

Yet the Ford government has appeared reluctant to expand clean energy. In the 2018 election, clean electricity was a key issue as it appealed to anti-turbine voters in rural Ontario and cancelled more than 700 renewable energy contracts shortly after taking office, taking 400 megawatts out of the system.

But there are signs the government is having a change of heart. IESO recently released a list of 55 companies approved to submit bids for 3,500 megawatts of long-term electricity contracts starting between 2025 and 2027, and the energy minister has outlined a plan to address growing energy needs as well.

The companies include a variety of potential producers, ranging from Canadian and global renewable companies to local utilities and small startups. Most are renewable power or energy storage companies specializing in low- or zero-emission power. IESO plans additional long-term bid offerings in the future.

This doesn’t mean gas generation will be turned off. IESO will contract yearly production from existing gas plants until 2028 (the annual contract in 2023 will be for about 2,000 megawatts). As well, IESO has issued contracts to four gas-fired producers, a small wind company and a storage company to begin production of about 700 megawatts to boost gas plant output starting between 2024 and 2026.

While this represents an expansion of existing gas-fired generation, Smith has asked IESO to report on a gas moratorium, saying he doesn’t believe new gas plants will be needed over the long term.

The NDP and Greens criticized the government for relying on gas in the near term. But clean energy advocates greeted the long-term plans positively.

The IESO process “will contribute to a clean, reliable and affordable grid,” said the Canadian Renewable Energy Association.

Rachel Doran, director of policy and strategy at Clean Energy Canada, said in an email the potential gas generation moratorium “is an encouraging step forward,” although she criticized the “unfortunate decision to replace near-term nuclear power capacity with climate-change-causing natural gas.”

There will have to be a massive clean energy expansion to green Ontario’s grid well beyond what has been announced in recent days for Ontario to meet its future energy needs (think a doubling of Ontario’s current 40,000-megawatt capacity by 2050).

But these first steps hold promise that Ontario is at least starting on the path to that goal, rather than scrambling to keep the lights on with CO2-polluting natural gas.

Related News

• Electricity Forum News

• Power Generation News

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

Key Points

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

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

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

✅ Ferry cancellations isolating communities and delaying supplies

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

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

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

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

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

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

Related News

• Electricity Forum News

• Climate Change News

Australia Electricity Supply Shortfall highlights AEMO's warning of reduced reserves as coal retirements outpace capacity, risking load shedding. Calls for 1GW strategic reserves and investment in renewables, storage, and dispatchable power in Victoria.

Key Points

It is AEMO's forecast of reduced reserves, higher outage risk, and a need for 1GW strategic backup capacity.

✅ Coal retirements outpacing firm, dispatchable capacity

✅ AEMO urges 1GW strategic reserves in Victoria and South Australia

✅ Investment needed: renewables, storage, grid and reliability services

Australia’s electricity operator has warned of threats to electricity supply including a shortfall in generation and reduced power reserves on the horizon.

The Australian Energy Market Operator (AEMO) has called for further investment in the country’s energy portfolio as retiring coal plants are replaced by intermittent renewables poised to eclipse coal, leaving the grid with less back-up capacity.

AEMO has said this increases the chances of supply interruption and load shedding.

It added the federal government should target 1GW of strategic reserves in the states most at risk – Victoria and South Australia, even as the Prime Minister has ruled out taxpayer-funded power plants in the current energy battle.

CEO of the Clean Energy Council, Kane Thornton, said the shortfall in generation, reflected in a short supply of electricity, was due a decade of indecisiveness and debate leading to a “policy vacuum”.

He added: “The AEMO report revealed that the new projects added to the system under the renewable energy target will help to improve reliability over the next few years.

“We need to accept that the energy system is in transition, with lessons from dispatchable power shortages in Europe, and long term policy is now essential to ensure private investment in the most efficient new energy technology and solutions.”

Related News

• Electricity Forum News

• Power Generation News

Greengen Misfeasance Ruling details a B.C. Supreme Court decision awarding $10.125 million over wrongfully denied Crown land and water licence permits for a Fries Creek run-of-river hydro project under a BC Hydro contract.

Key Points

A B.C. Supreme Court ruling awarding $10.125M for wrongful denial of Crown land and water licences on Greengen's project.

✅ $10.125M damages for misfeasance in public office

✅ Denial of Crown land tenure and water licence permits

✅ Tied to Fries Creek run-of-river and BC Hydro EPA

A B.C. Supreme Court judge has ordered the provincial government to pay $10.125 million after it denied permits to a company that wanted to build a run-of-the river independent power project near Squamish.

In his Oct. 10 decision, Justice Kevin Loo said the plaintiff, Greengen Holdings Ltd., “lost an opportunity to achieve a completed and profitable hydro-electric project” after government representatives wrongfully exercised their legal authority, a transgression described in the ruling as “misfeasance,” with separate concerns reflected in an Ontario market gaming investigation reported elsewhere.

Between 2003 and 2009, the company sought to develop a hydro-electric project on and around Fries Creek, which sits opposite the Brackendale neighbourhood on the other side of the Squamish River. To do so, Greengen Holdings Ltd. required a water licence from the Minister of the Environment and tenure over Crown land from the Minister of Agriculture.

After a lengthy process involving extensive communications between Greengen and various provincial and other ministries and regulatory agencies, the permits were denied, according to Loo. Both decisions cited impacts on Squamish Nation cultural sites that could not be mitigated.

Elsewhere, an Indigenous-owned project in James Bay proceeded despite repeated denials, underscoring varied approaches to community participation.

40-year electricity plan relied on Crown land
The case dates back to December 2005, when BC Hydro issued an open call for power with Greengen. The company submitted a tender several months later.

On July 26, 2006, BC Hydro awarded Greengen an energy purchase agreement, amid evolving LNG electricity demand across the province, under which Greengen would be entitled to supply electricity at a fixed price for 40 years.

Unlike conventional hydroelectric projects, such as new BC generating stations recently commissioned, which store large volumes of water in reservoirs, and in so doing flood large tracts of land, a run of the river project often requires little or no water storage. Instead, from a high elevation, they divert water from a stream or river channel.

Water is then sent into a pressured pipeline known as a penstock, and later passed through turbines to generate electricity, Loo explained, as utilities pursue long-term plans like the Hydro-Québec strategy to reduce fossil fuel reliance. The system returns water to the original stream or river, or into another body of water. 

The project called for most of that infrastructure to be built on Crown land, according to the ruling.

All sides seemed to support the project
In early 2005, company principle Terry Sonderhoff discussed the Fries Creek project in a preliminary meeting with Squamish Nation Chief Ian Campbell.

“Mr. Sonderhoff testified that Chief Campbell seemed supportive of the project at the time,” Loo said.

Related News

• Electricity Forum News

• Power Generation News