McGuinty at odds with Dion over carbon tax

By Toronto Star


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Ontario Premier Dalton McGuinty is at odds with federal Liberal leader Stephane Dion over a key plan to tax carbon emissions, saying he'd prefer a cap-and-trade system over a carbon tax.

The tax, which is expected to be a central plank in the federal Liberal election platform, is one way to put a price on carbon and reduce greenhouse gas emissions, but his "first choice" for Ontario is a cap-and-trade system, McGuinty said.

"It's one of the things that (Premier) Jean Charest and I are going to continue to talk about, to see if we might build the foundation for a national cap-and-trade system," he said.

The system, which would limit industrial emissions and trade credits to reduce harmful greenhouse gases, is expected to come up during a joint cabinet meeting between the two provinces.

Ontario favours a market-based system over a carbon tax because it makes more sense for the province's economy, said Environment Minister John Gerretsen.

"Every province has a different economic situation and we feel that from our perspective, a cap-and-trade system is the best way to go," he said.

McGuinty vetoed the idea of a carbon tax in February after British Columbia announced the tax in its provincial budget, saying he would pursue other alternatives that better suited Ontario's economy.

His opposition to a carbon tax puts him in an awkward position with the federal Liberals, including his brother, environment critic David McGuinty, and Dion, who are trying to sell the carbon tax proposal to voters.

Dion, who is expected to unveil his plan before the end of June, has already been forced to defend the proposal ahead of its release. Critics – including those in his own party – have already voiced concerns that the proposed tax is confusing, expensive and politically risky because many voters will see it as a money grab.

David McGuinty downplayed concerns that the carbon tax plan could drive a wedge between the Ontario and federal Liberals.

He said he had a "general discussion" with his brother about the merits of one system over another, but said the premier didn't express an opinion about carbon taxes.

"It was more of an exchange of ideas around the two possibilities, the two primary market mechanisms that can be harnessed to achieve the same end, which is a price on carbon," David McGuinty said.

In fact, a federal carbon tax could complement a provincial cap-and-trade system, he said.

"I think what the premier's said is, `Look, given the here and now of the specificity of the Ontario economy, and how we would like to go forward in pricing carbon, we would rather go with a cap-and-trade system first,"' he said.

"But I doubt very much the premier's ruling out the notion of a carbon tax shift."

Yet David McGuinty recently slammed NDP Leader Jack Layton for opposing a carbon tax on the basis that it could end up punishing the poor, accusing him of "playing politics" with the environment.

B.C. is expected to bring in a carbon tax this summer. Quebec introduced a form of carbon tax last year that directs revenues to initiatives supporting green technology, while Manitoba has imposed a tax on coal.

Alberta – by far the largest greenhouse gas emitter in Canada – opposes a carbon tax. Nova Scotia hasn't ruled it out.

Cap-and-trade systems have also been lauded as a major tool to significantly reduce industrial pollutants and slow climate change.

A number of groups in North America are looking at developing regional systems, including the Western Climate Initiative, which counts Manitoba, Quebec, B.C. and seven U.S. states as partners. Ontario is still an observer.

Under a cap-and-trade system, governments determine which sources will be covered – such as manufacturing and oil and gas production – and set caps on emissions.

Companies are required to have permits covering their annual emissions, but those who produce fewer emissions can sell their surplus.

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Stellat'en and Innergex Sign Wind Deal with BC Hydro

Nithi Mountain Wind Project delivers 200 MW of renewable wind power in British Columbia under a BC Hydro electricity purchase deal, producing 600 GWh yearly, led by Stellat'en First Nation and Innergex.

 

Key Points

A 200 MW wind farm in British Columbia producing 600 GWh yearly, co-owned by Stellat'en First Nation and Innergex.

✅ 30-year BC Hydro take-or-pay PPA, CPI-indexed

✅ 200 MW capacity, ~600 GWh per year for ~60,000 homes

✅ 51% Stellat'en First Nation; operations targeted for 2030

 

In December 2024, a significant development unfolded in British Columbia's renewable energy sector, where the clean-energy regulatory process continues to evolve, as Stellat'en First Nation and Innergex Renewable Energy Inc. announced the signing of a 30-year electricity purchase agreement with BC Hydro. This agreement pertains to the Nithi Mountain Wind Project, a 200 MW initiative poised to enhance the province's clean energy capacity.

Project Overview

The Nithi Mountain Wind Project is a collaborative venture between Stellat'en First Nation, which holds a 51% stake, and Innergex Renewable Energy Inc., which holds a 49% stake. Located in the Bulkley-Nechako region of British Columbia, the project is expected to generate approximately 600 GWh of renewable electricity annually, comparable to other large-scale projects like the 280 MW wind farm in Alberta now online, sufficient to power around 60,000 homes. The wind farm is scheduled to commence commercial operations in 2030.

Economic and Community Impact

This partnership is anticipated to create approximately 150 job opportunities during the development, construction, and operational phases, thereby supporting local economic growth and workforce development, and aligns with recent federal green electricity procurement efforts that signal broader market support. The long-term electricity purchase agreement with BC Hydro is structured as a 30-year take-or-pay contract, indexed to a predefined percentage of the Consumer Price Index (CPI), ensuring financial stability and protection against inflation.

Environmental and Cultural Considerations

The Nithi Mountain Wind Project is being developed in close collaboration with First Nations in the area, guided by collaborative land-use planning. The project integrates cultural preservation, environmental stewardship, and economic empowerment for Indigenous communities in the Bulkley-Nechako region, while other solutions such as tidal energy for remote communities are also advancing across Canada. The project is committed to minimizing environmental impact by avoiding sensitive cultural and ecological resources and integrating sustainability at every stage, with remediation practices to restore the land, preserve cultural values, and enhance biodiversity and wildlife habitats if decommissioned.

Broader Implications

This agreement underscores a growing trend of collaboration between Indigenous communities, exemplified by the Ermineskin First Nation project emerging nationwide, and renewable energy developers in Canada. Such partnerships are instrumental in advancing sustainable energy projects that respect Indigenous rights and contribute to the nation's clean energy objectives, as renewable power developers find that diversified energy sources strengthen project outcomes. The Nithi Mountain Wind Project exemplifies how integrating traditional knowledge with modern renewable energy technologies can lead to mutually beneficial outcomes for both Indigenous communities and the broader society.

In summary, the Nithi Mountain Wind Project represents a significant step forward in British Columbia's renewable energy landscape, highlighting the importance of collaboration between Indigenous communities and renewable energy developers. The project promises substantial economic, environmental, and cultural benefits, setting a precedent for future partnerships in the clean energy sector, as large-scale storage acquisitions like Centrica's battery project illustrate complementary pathways to unlock wind potential.

 

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Notley announces plans to move Alberta's electricity grid to net-zero by 2035 if elected

Alberta NDP Net-Zero Electricity Plan targets a 2035 clean grid, expands renewable energy, cuts emissions, creates jobs, and boosts economic diversification and rural connectivity, aligning Alberta with Canada's 2050 climate goals.

 

Key Points

A policy to achieve a net-zero electricity grid by 2035, advance renewable energy, cut emissions, and grow jobs.

✅ Net-zero electricity grid target set for 2035

✅ Scales renewable energy and emissions reductions

✅ Focus on jobs, rural connectivity, and diversification

 

Ahead of the NDP’s weekend convention, Alberta’s Opposition leader has committed to transforming the province’s energy sector and moving the province’s electricity grid to net-zero by 2035, despite debate over the federal 2035 net-zero electricity grid target in other provinces, should an orange crush wash over Alberta in the next election.

NDP Leader Rachel Notley said they would achieve this as part of the path towards Canada’s 2050 net-zero emissions goal, aligning with broader clean grids trends, which will help preserve and create jobs in the province.

“I think it’s an important goal. It’s a way of framing the work that we’re going to do within our energy industry and our energy sector, including how Alberta produces and pays for electricity going forward,” said Notley. “We know the world is moving toward different objectives and we still have the ability to lead on that front, but we need to lay down the markers early and focus on reaching those goals.”

Premier Jason Kenney has previously called the 2050 target “aspirational,” and, as the electricity sector faces profound change in Alberta, Notley said, once the work begins, it’s likely they would meet the objective earlier than proposed to reduce greenhouse gas emissions that contribute to global warming.

This is just one key issue that will be addressed at the party’s online convention, which is the first since the NDP’s defeat by the UCP in the last provincial election. Notley said other key issues will address economic diversification, economic recovery, job creation and social issues, as Alberta’s electricity market is headed for a reshuffle too. The focus, as she puts it, is “jobs, jobs, jobs.”

Attendees will also debate more than 140 policy resolutions over the weekend, including the development of a safe supply drug policy, banning coal mining in the Rocky Mountains and providing paid sick leave for workers.

Outside the formal agenda, debate over electricity market competition continues in Alberta as stakeholders weigh options.

Notley said an area of growing focus for the NDP will be rural Alberta, which is typically a conservative stronghold. One panel presentation during the convention will focus on connecting and building relationships with rural Albertans and growing the NDP profile in those areas.

“We think that we have a lot to offer rural Alberta and that, quite frankly, the UCP and (Kenney), in particular, have profoundly taken rural Alberta for granted,” she said. “Because of that, we think with a renewed energy amongst our membership to go out to parts of the province where we haven’t been previously as active, and talk about what they have been subjected to in the last two years, that we have huge opportunities there.”

Delegates will be asked to support a call for high-speed internet coverage across Alberta, which would remove barriers to access in rural Alberta and Indigenous communities, said the convention guidebook.

The convention comes as the NDP has a wide lead on the UCP, according to the latest polls. A Leger online survey of 1,001 Albertans conducted between March 5 to 8 found 40 per cent of respondents support the NDP, compared to just 20 per cent for the UCP.

Notley said it’s “encouraging” to see, but they aren’t taking anything for granted.

“I’ve always believed that Alberta Democrats have to work twice as hard as anybody else in the political spectrum, or the political arena,” she said. “So what we’re going to do is continue to do exactly what we have been, not only being a strong and I would argue fearless Opposition, but also trying to match every oppositional position with something that is propositional — offering Albertans a different vision, including an Alberta path to clean electricity where possible.”

 

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External investigators looking into alleged assaults by Manitoba Hydro workers

Manitoba Hydro Allegations Investigation reveals RCMP and OPP probes into 1960s abuses in northern Manitoba, affecting Fox Lake Cree Nation, citing racism, discrimination, sexual assault, and oversight by the IIU and Clean Environment Commission.

 

Key Points

A coordinated probe into historic abuses tied to Manitoba Hydro projects, led by OPP and IIU after RCMP referral.

✅ OPP to investigate historical cases involving Hydro staff and contractors.

✅ IIU to examine any allegations implicating Manitoba RCMP officers.

✅ Findings follow CEC report on racism and abuse near Fox Lake.

 

Manitoba RCMP have called in outside investigators to probe alleged assaults linked to hydro projects in the province’s north during the 1960s.

RCMP say any historical criminal investigations involving Manitoba Hydro employees or contractors will be handled by the Ontario Provincial Police.

The Independent Investigation Unit of Manitoba, the province’s police watchdog, will investigate any allegations involving RCMP officers.

A report released last month by an arm’s-length review agency outlined racism, discrimination and sexual abuse at the Crown-owned utility’s work sites dating back decades, while projects like Site C COVID-19 updates provide contemporary examples of reporting.

Much of the development at that time was centered around the community of Gillam and the nearby Fox Lake Cree Nation.

The report said the presence of a largely male construction workforce led to the sexual abuse of Indigenous women, some of whom said their complaints were ignored by the RCMP, and in a different context, Hydro One worker injury highlights safety risks in the sector.

Premier Brian Pallister says his government is taking the right approach to addressing alleged sexual assaults and racism by Manitoba Hydro workers against members of a remote northern First Nation, while pandemic cost-cutting at Manitoba Hydro has shaped recent operations.

Pallister made his first public comments about the allegations after a private meeting with Prime Minister Justin Trudeau on Tuesday evening, as COVID-19 reshaped Saskatchewan and other Prairie priorities were in focus.

The allegations, made by members of Fox Lake Cree Nation, were revealed in a report produced by the Clean Environment Commission. The report was released by the provincial government in August, although it was completed in May.

Allegations against Manitoba Hydro workers: What you need to know

"My reaction would be that's deplorable behaviour, and I have to admit, my puzzlement is why this wasn't investigated sooner or didn't come to light sooner," Pallister said, adding that he believes his government has taken the right approach by referring the information to the RCMP.

Some members of Fox Lake Cree Nation say the government didn't give them any advance notice of the release of the report, so the community was traumatized when it hit the news.

Pallister said his government didn't want to delay the release of the report.

'Pure trauma': Fox Lake members stricken after hasty release of troubling report

"I think the right thing to do is release the report. A lot of this information was in the public domain over the last number of weeks and months anyway. It wasn't the case of it being new in that respect," he said.

However, he accepted criticism of the timeline of the report's release.

"I would rather accept those criticisms, than accept the argument that we were in any way covering up information that is important to be released," he said.

Fox Lake Chief Walter Spence has said he expects Pallister to visit the community.

The premier said Tuesday he was not sure of the effectiveness of such a trip.

"I think most of the communities would prefer that there be electricity jobs for young Canadians created in their communities, that there be better water, many other tangible things rather than symbolism," he said.

"That's what I'm hearing and I've been in dozens of First Nations communities in the last two years."

 

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Trump Is Seen Replacing Obama’s Power Plant Overhaul With a Tune-Up

Clean Power Plan Rollback signals EPA's shift to inside-the-fence efficiency at coal plants, emphasizing heat-rate improvements over sector-wide decarbonization, renewables, natural gas switching, demand-side efficiency, and carbon capture under Clean Air Act constraints.

 

Key Points

A policy shift by the EPA to replace broad emissions rules with plant-level efficiency standards, limiting CO2 cuts.

✅ Inside-the-fence heat-rate improvements at coal units

✅ Potential CO2 cuts limited to about 6% per plant

✅ Alternatives: fuel switching, renewables, carbon capture

 

President Barack Obama’s signature plan to reduce carbon dioxide emissions from electrical generation took years to develop and touched every aspect of power production and use, from smokestacks to home insulation.

The Trump administration is moving to scrap that plan and has signaled that any alternative it might adopt would take a much less expansive approach, possibly just telling utilities to operate their plants more efficiently.

That’s a strategy environmentalists say is almost certain to fall short of what’s needed.

The Trump administration is making "a wholesale retreat from EPA’s legal, scientific and moral obligation to address the threats of climate change," said former Environmental Protection Agency head Gina McCarthy, the architect of Obama’s Clean Power Plan.

President Donald Trump promised to rip up the initiative, echoing an end to the 'war on coal' message from his campaign, which mandated that states change their overall power mix, displacing coal-fired electricity with that from wind, solar and natural gas. The EPA is about to make it official, arguing the prior administration violated the Clean Air Act by requiring those broad changes to the electricity sector, according to a draft obtained by Bloomberg.

 

Possible Replacements

Later, the agency will also ask the public to weigh in on possible replacements. The administration will ask whether the EPA can or should develop a replacement rule -- and, if so, what actions can be mandated at individual power plants, though some policymakers favor a clean electricity standard to drive broader decarbonization.

 

Follow the Trump Administration’s Every Move

Such changes -- such as adding automation or replacing worn turbine seals -- would yield at most a 6 percent gain in efficiency, along with a corresponding fall in greenhouse gas emissions, according to earlier modeling by the Environmental Protection Agency and other analysts. That compares to the 32 percent drop in emissions by 2030 under Obama’s Clean Power Plan.

"In these existing plants, there’s only so many places to look for savings," said John Larsen, a director of the Rhodium Group, a research firm. "There’s only so many opportunities within a big spinning machine like that."

EPA Administrator Scott Pruitt outlined such an "inside-the-fence-line" approach in 2014, later embodied in the Affordable Clean Energy rule that industry groups backed, when he served as Oklahoma’s attorney general. Under his blueprint, states would set emissions standards after a detailed unit-by-unit analysis, looking at what reductions are possible given "the engineering limits of each facility."

The EPA has not decided whether it will promulgate a new rule at all, though it has also proposed new pollution limits for coal and gas plants in separate actions. In a forthcoming advanced notice of proposed rulemaking, the EPA will ask "what inside-the-fence-line options are legal, feasible and appropriate," according to a document obtained by Bloomberg.

Increased efficiency at a coal plant -- known as heat-rate improvement -- translates into fewer carbon-dioxide emissions per unit of electric power generated.

Under Obama, the EPA envisioned utilities would make some straightforward efficiency improvements at coal-fired power plants as the first step to comply with the Clean Power Plan. But that was expected to coincide with bigger, broader changes -- such as using more cleaner-burning natural gas, adding more renewable power projects and simply encouraging customers to do a better job turning down their thermostats and turning off their lights.

Obama’s EPA didn’t ask utilities to wring every ounce of efficiency they could out of coal-fired power plants because they saw the other options as cheaper. A plant-specific approach "would be grossly insufficient to address the public health and environmental impacts from CO2 emissions," Obama’s EPA said.

That approach might yield modest emissions reductions and, in a perverse twist, might event have the opposite effect. If utilities make coal plants more efficient -- thereby driving down operating costs -- they also make them more competitive with natural gas and renewables, "so they might run more and pollute more," said Conrad Schneider, advocacy director for the Clean Air Task Force.  

In a competitive market, any improvement in emissions produced for each unit of energy could be overwhelmed by an increase in electrical output, and debates over changes to electricity pricing under Trump and Perry added further uncertainty.

"A very minor heat rate improvement program would very likely result in increased emissions," Schneider said. "It might be worse than nothing."

Power companies want to get as much electricity as possible from every pound of coal, so they already have an incentive to keep efficiency high, said Jeff Holmstead, a former assistant EPA administrator now at Bracewell LLP. But an EPA regulation known as “new source review” has discouraged some from making those changes, for fear of triggering other pollution-control requirements, he said.

"If EPA’s replacement rule allows companies to improve efficiency without triggering new source review, it would make a real difference in terms of reducing carbon-dioxide emissions," Holmstead said.

 

Modest Impact

A plant-specific approach doesn’t have to mean modest impact.

"If you’re thinking about what can be done at the power plants by themselves, you don’t stop at efficiency tune-ups," said David Doniger, director of the Natural Resources Defense Council’s climate and clean air program. "You look at things like switching to natural gas or installing carbon capture and storage."

Requirements that facilities use carbon capture technology or swap in natural gas for coal could actually come close to hitting the same goals as in Obama’s Clean Power Plan -- if not go even further, Schneider said. They just would cost more.

The benefit of the Clean Power Plan "is that it enabled states to create programs and enabled companies to find a reduction strategy that was the most efficient and made the most sense for their own content," said Kathryn Zyla, deputy director of the Georgetown Climate Center. "And that flexibility was really important for the states and companies."

Some utilities, including Houston-based Calpine Corp., PG&E Corp. and Dominion Resources Inc., backed the Obama-era approach. And they are still pushing the Trump administration to be creative now.

"The Clean Power Plan achieved a thoughtful, balanced approach that gave companies and states considerable flexibility on how best to pursue that goal," said Melissa Lavinson, vice president of federal affairs and policy for PG&E’s Pacific Gas and Electric utility. “We look forward to working with the administration to devise an alternative plan for decarbonizing the U.S. economy."

 

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Ottawa Launches Sewage Energy Project at LeBreton Flats

Ottawa Sewage Energy Exchange System uses wastewater heat recovery and efficient heat pumps to deliver renewable district energy, zero carbon heating and cooling, cutting greenhouse gas emissions at LeBreton Flats and scaling urban developments.

 

Key Points

A district energy system recovering wastewater heat via pumps to deliver zero carbon heating and cooling.

✅ Delivers 9 MW heating and cooling for 2.4M sq ft at LeBreton Flats

✅ Cuts 5,066 tonnes CO2e each year, reducing greenhouse gases

✅ Powers Odenak zero carbon housing via district energy

 

Ottawa is embarking on a groundbreaking initiative to harness the latent thermal energy within its wastewater system, in tandem with advances in energy storage in Ontario that strengthen grid resilience, marking a significant stride toward sustainable urban development. The Sewage Energy Exchange System (SEES) project, a collaborative effort led by the LeBreton Community Utility Partnership—which includes Envari Holding Inc. (a subsidiary of Hydro Ottawa) and Theia Partners—aims to revolutionize how the city powers its buildings.

Harnessing Wastewater for Sustainable Energy

The SEES will utilize advanced heat pump technology to extract thermal energy from the city's wastewater infrastructure, providing both heating and cooling to buildings within the LeBreton Flats redevelopment. This innovative approach eliminates the need for fossil fuels, aligning with Ottawa's commitment to reducing greenhouse gas emissions and promoting clean energy solutions across the province, including the Hydrogen Innovation Fund that supports new low-carbon pathways.

The system operates by diverting sewage from the municipal collection network into an external well, where it undergoes filtration to remove large solids. The filtered water is then passed through a heat exchanger, transferring thermal energy to the building's heating and cooling systems. After the energy is extracted, the treated water is safely returned to the city's sewer system.

Environmental and Economic Impact

Once fully implemented, the SEES is projected to deliver over 9 megawatts of heating and cooling capacity, servicing approximately 2.4 million square feet of development. This capacity is expected to reduce greenhouse gas emissions by approximately 5,066 tonnes annually—equivalent to the electricity consumption of over 3,300 homes for a year. Such reductions are pivotal in helping Ottawa meet its ambitious goal of achieving a 96% reduction in community-wide greenhouse gas emissions by 2040, as outlined in its Climate Change Master Plan and Energy Evolution strategy, and they align with Ontario's plan to rely on battery storage to meet rising demand across the grid.

Integration with the Odenak Development

The first phase of the SEES will support the Odenak development, a mixed-use project comprising two high-rise residential buildings. This development is poised to be Canada's largest residential zero-carbon project, echoing calls for Northern Ontario grid sustainability from community groups, featuring 601 housing units, with 41% designated as affordable housing. The integration of the SEES will ensure that Odenak operates entirely on renewable energy, setting a benchmark for future urban developments.

Broader Implications and Future Expansion

The SEES project is not just a localized initiative; it represents a scalable model for sustainable urban energy solutions that aligns with green energy investments in British Columbia and other jurisdictions. The LeBreton Community Utility Partnership is in discussions with the National Capital Commission to explore extending the SEES network to additional parcels within the LeBreton Flats redevelopment. Expanding the system could lead to economies of scale, further reducing costs and enhancing the environmental benefits.

Ottawa's venture into wastewater-based energy systems places it at the forefront of a growing trend in North America. Cities like Toronto and Vancouver have initiated similar projects, while related pilots such as the EV-to-grid pilot in Nova Scotia highlight complementary approaches, and European counterparts have long utilized sewage heat recovery systems. Ottawa's adoption of this technology underscores its commitment to innovation and sustainability in urban planning.

The SEES project at LeBreton Flats exemplifies how cities can repurpose existing infrastructure to create sustainable, low-carbon energy solutions. By transforming wastewater into a valuable energy resource, Ottawa is setting a precedent for environmentally responsible urban development. As the city moves forward with this initiative, it not only addresses immediate energy needs but also contributes to a cleaner, more sustainable future for its residents, even as the province accelerates Ontario's energy storage push to maintain reliability.

 

 

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Ontario takes constitutional challenge of its global adjustment electricity fee to Supreme Court

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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