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Ontario Global Adjustment Supreme Court Appeal spotlights a constitutional challenge to Ontario's electricity charge, pitting National Steel Car against the IESO over regulatory charge vs tax, procurement policy, and renewable energy feed-in tariff contracts.

Key Points

An SCC leave bid on whether Ontario's global adjustment is a valid regulatory charge or an unconstitutional tax.

✅ Appeals Court revived case for full record review

✅ Dispute centers on regulatory charge vs tax classification

✅ FIT renewables contracts and procurement policies at issue

The Ontario government wants the Supreme Court of Canada to weigh in on a constitutional challenge being brought against a large provincial electricity charge, a case the province claims raises issues of national importance.

Ontario’s attorney general and its Independent Electricity System Operator applied for permission to appeal to the Supreme Court in January, according to the court’s website.

The province is trying to appeal a Court of Appeal decision reinstating the challenge from November that said a legal challenge by Hamilton, Ont.-based National Steel Car Ltd. should be sent back to a lower-court for a full hearing.

Court reinstates constitutional challenge to Ontario's hefty ‘global adjustment’ electricity charge
National Steel Car appealing decision in legal challenge of Ontario electricity fee it calls an unconstitutional tax
Doug Ford’s cancellation of green energy deals costs Ontario taxpayers $231 million
National Steel Car launched its legal challenge in 2017, with the maker of steel rail cars claiming the province’s global adjustment electricity charge was a tax intended to fund certain post-financial-crisis policy goals. Since it is allegedly a tax, and one not imposed by the provincial legislature, the company’s argument is the global adjustment is unconstitutional, and also in breach of a provincial law requiring a referendum for new taxes.

The global adjustment mostly bridges the gap between the province’s hourly electricity price and the price guaranteed under contracts and regulated rates with power generators. It also helps cover the cost of building new electricity infrastructure and providing conservation programs, but the fee now makes up most of the commodity portion of a household power bill in the province.

Ontario argued the global adjustment is a valid regulatory charge, and moved to have National Steel Car’s challenge thrown out. An Ontario Superior Court judge agreed, and dismissed the challenge in 2018, saying it was “plain, obvious and beyond doubt” it could not succeed. However, an appeals court judge disagreed, writing in a decision last November that the “merits should not have been determined on a pleadings motion and without the development of a full record.”

In filings made to the Supreme Court, both the IESO and Ontario’s Ministry of the Attorney General argued their proposed appeals raise “issues of national and public importance,” such as whether incorporating environmental and social policy goals in procurement could turn attempts by a public body to recover costs into an unconstitutional tax.

Most applications for leave to appeal to the Supreme Court are dismissed, but the Ontario government claims the court’s guidance is required in this case, as it could lead to questions being raised about other fees or charges, such as money raised from fishing licences.

“A failure to dispose of this claim at the pleadings stage may well result in such uncertainty that public authorities across Canada decline to incorporate the kind of environmental and social policy goals objected to in this case into the decisions they make about how to spend funds raised from regulatory charges,” the filing from the attorney general states. “Alternatively, it may induce governments not to engage in cost recovery in connection with publicly supplied goods and services, which can otherwise be sound public policy.”

The government has so far had to pay National Steel Car $250,000 in legal costs “to avoid responding to the credible claim that the Global Adjustment is an unconstitutional tax,” said David Trafford of Morse Shannon LLP, one of National Steel Car’s lawyers.

“The application for leave to appeal is the next step in this effort to avoid having to respond to the case on the merits,” Trafford added in an email.

The application for leave to appeal is the next step in this effort to avoid having to respond to the case on the merits

David Trafford of Morse Shannon, one of National Steel Car’s lawyers
 
National Steel Car has particularly taken issue with the part of the global adjustment that funded contracts for renewable energy under a “feed-in tariff” program, or FIT, which the company called “the main culprit behind the dramatic price increases for electricity.”

The FIT program has been ended, but contracts awarded under it remain in place and form part of the global adjustment. Ontario’s auditor general estimated in 2015 that electricity consumers would pay $9.2 billion more for renewable energy under the government’s guaranteed-price program, a figure that later featured in a dispute between the auditor and the electricity regulator that drew political attention.

National Steel Car said its global adjustment costs grew from $207,260 in 2008 to almost $3.4 million in 2016, reflecting how high electricity rates have pressured manufacturers, to almost $3.4 million in 2016. For 2018, there was approximately $11.2 billion in global adjustment collected, according to the IESO’s reporting.

A spokesperson for the IESO said it “is not in a position to comment” because the case is still before the courts.

Electricity prices have been an ongoing problem for both Ontario consumers and politicians, which the previous Liberal government tried to address in 2017 by, among other things, refinancing global-adjustment costs through the Fair Hydro Plan and other measures.

Since National Steel Car filed its lawsuits, though, the Liberals lost power in the province and were succeeded in 2018 by Premier Doug Ford and the Progressive Conservatives, who made changes to the previous government’s power policies, including legislation to lower electricity rates introduced early in their mandate.

The province has also pursued interprovincial power arrangements, including building on an electricity deal with Quebec as part of its broader energy strategy.

“The present government of Ontario does not agree with the former government’s electricity procurement program, which ceased awarding new contracts in 2016,” Ontario’s attorney general said in a filing. “However, Ontario submits that (the lower-court judge) was correct in holding that it does not give rise to a claim susceptible to being remedied by the courts.”

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Gaza Power Plant Shutdown underscores the Gaza Strip's fuel ban, Israeli blockade, and electricity crisis, cutting megawatts, disrupting hospitals and quarantine centers, and exposing fragile energy supply, GEDCO warnings, and public health risks.

Key Points

An abrupt halt of Gaza's sole power plant due to a fuel ban, deepening the electricity crisis and straining hospitals.

✅ Israeli fuel ban halts Gaza's only power plant

✅ Available supply drops far below 500 MW demand

✅ Hospitals and COVID-19 quarantine centers at risk

The only electricity plant in the Gaza Strip shut down yesterday after running out of fuel banned from entering the besieged enclave by the Israeli occupation, Gaza Electricity Distribution Company announced.

“The power plant has shut down completely,” the company said in a brief statement, as disruptions like China power cuts reveal broader grid vulnerabilities.

Israel banned fuel imports into Gaza as part of punitive measures over the launching incendiary balloons from the Strip.

On Sunday, GEDCO warned that the industrial fuel for the electricity plant would run out, mirroring Lebanon's fuel shortage challenges, on Tuesday morning.

Since 2007, the Gaza Strip suffered under a crippling Israeli blockade that has deprived its roughly two million inhabitants of many vital commodities, including food, fuel and medicine, and regional strains such as Iraq's summer electricity needs highlight broader power insecurity.

As a result, the coastal enclave has been reeling from an electricity crisis, similar to when the National Grid warned of short supply in other contexts.

The Gaza Strip needs some 500 megawatts of electricity – of which only 180 megawatts are currently available – to meet the needs of its population, while Iran supplies about 40% of Iraq's electricity in the region.

Spokesman of the Ministry of Health in Gaza, Ashraf Al Qidra, said the lack of electricity undermines offering health services across Gaza’s hospitals.

He also warned that the lack of electricity would affect the quarantine centres used for coronavirus patients, reinforcing the need to keep electricity options open during the pandemic.

Gaza currently has three sources of electricity: Israel, which provides 120 megawatts and is advancing coal use reduction measures; Egypt, which supplies 32 megawatts; and the Strip’s sole power plant, which generates between 40 and 60 megawatts.

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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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BC Hydro Trespassing Surge highlights risky social media stunts at dams and power stations, with restricted areas breached for selfies, electrocution hazards ignored, and safety signage violated across Buntzen Lake, Jones Lake, and Jordan River.

Key Points

A spike in illegal entries at BC Hydro sites for social media, increasing electrocution and drowning risks.

✅ 200% rise in trespassing over five years

✅ Risks: electrocution, drowning, deadly falls

✅ Obey signage; avoid restricted dam and substation areas

More and more daredevils are climbing onto dangerous dams and power stations to gain likes and social media followers, according to a new report from BC Hydro.

The power provider says it's seen a 200 per cent uptick in trespassing into restricted areas over the past five years, with many of the incidents posted onto sites like YouTube, Facebook and Instagram.

"It's concerning for us because our infrastructure has risk with it," said David Conway, a community relations manager for BC Hydro.

"There's a risk of electrocution in regards to our transmission towers and our substations ... and people can be severely injured, as seen in serious injuries cases, or killed," he said.

The company released a report Tuesday, noting specific incidents of users trespassing onto sites at Buntzen Lake in Anmore, Jones Lake in the Fraser Valley and Jordan River near Victoria; it has also been issuing Site C updates during the pandemic. The incidents ranged from climbing transmission towers to swimming in restricted areas at dam sites.

In a separate matter, an external investigation at Manitoba Hydro has examined alleged assaults by workers.

Conway says annual incidents climbed from a handful to about one dozen, but BC Hydro expects the figures to be even higher. He says many more events likely go unreported.

The report ties the increase in incidents to the pursuit of "social media glory." Between 2011 and 2017, at least 259 people were killed worldwide in selfie-related incidents, according to the Journal of Family Medicine and Primary Care, and a knowledge gap in electrical safety remains a factor. Many of the incidents involved water, electrical equipment or dangerous heights.

In 2018, three social media personalities died after falling off a cliff at Shannon Falls near Squamish, B.C.

North Shore Rescue attributes about 30 per cent of its calls to outdoor users attempting to capture content for social media.

Survey results highlighted in the BC Hydro report show that 15 per cent of British Columbians admit to putting themselves in a dangerous position "to achieve the 'perfect' shot."

Awareness also influences careers, as many young Canadians say they would work in electricity if they knew more.

The survey was conducted online by 800 B.C. residents. For comparison purposes, a probability sample of the same size would yield a margin of error of plus or minus 3.5 per cent, 19 times out of 20.

During the pandemic, the U.S. grid overseer issued a coronavirus warning to highlight operational risks.

Risky activities include standing at the edge of a cliff, knowingly disobeying safety signage or trespassing, or taking a selfie from a dangerous height.

Two per cent of British Columbians admit to injuring themselves in the name of a selfie.

"We want people to stay safe. We want to remind the public to stay a safe distance away from our infrastructure, and follow safety guidance near downed lines, as electricity and generating facilities can be dangerous," said Conway.

BC Hydro is urging all visitors to obey signage, steer clear of power-generating equipment and to stay on designated trails.

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BC Hydro drought operations address climate change impacts with hydropower scheduling, reservoir management, water conservation, inflow forecasting, and fish habitat protection across the Lower Mainland and Vancouver Island while maintaining electricity generation from storage facilities.

Key Points

BC Hydro drought operations conserve water, protect fish, and sustain hydropower during extended heat and low inflows.

✅ Proactive reservoir releases protect downstream salmon spawning.

✅ Reduced flows at Puntledge, Coquitlam, and Ruskin/Stave facilities.

✅ System relies on northern storage to maintain electricity supply.

BC Hydro is adjusting its operating plans around power generation as extended heat and little forecast rain continue to impact the province, a report says.

“Unpredictable weather patterns related to climate change are expected to continue in the years ahead and BC Hydro is constantly adapting to these evolving conditions, especially after events such as record demand in 2021 that tested the grid,” said the report, titled “Casting drought: How climate change is contributing to uncertain weather and how BC Hydro’s generation system is adapting.”

The study said there is no concern with BC Hydro being able to continue to deliver power through the drought because there is enough water at its larger facilities, even as issues like crypto mining electricity use draw scrutiny from observers.

Still, it said, with no meaningful precipitation in the forecast, its smaller facilities in the Lower Mainland and on Vancouver Island will continue to see record low or near record low inflows for this time of the year.

“In the Lower Mainland, inflows since the beginning of September are ranked in the bottom three compared to historical records,” the report said.

The report said the hydroelectric system is directly impacted by variations in weather and the record-setting, unseasonably dry and warm weather this fall highlights the impacts of climate change, while demand patterns can be counterintuitive, as electricity use even increased during Earth Hour 2018 in some areas, hinting at challenges to come.

It noted symptoms of climate change include increased frequency of extreme events like drought and intense storms, and rapid glacial melt.

“With the extremely hot and dry conditions, BC Hydro has been taking proactive steps at many of our South Coast facilities for months to conserve water to protect the downstream fish habit,” spokesperson Mora Scott said. “We began holding back water in July and August at some facilities anticipating the dry conditions to help ensure we would have water storage for the later summer and early fall salmon spawning.”

Scott said BC Hydro’s reservoirs play an important role in managing these difficult conditions by using storage and planning releases to provide protection to downstream river flows. The reservoirs are, in effect, a battery waiting to be used for power.

While the dry conditions have had an impact on BC Hydro’s watersheds, several unregulated natural river systems — not related to BC Hydro — have fared worse, with rivers drying up and thousands of fish killed, the report said.

BC Hydro is currently seeing the most significant impacts on operations at Puntledge and Campbell River on Vancouver Island as well as Coquitlam and Ruskin/Stave in the Lower Mainland.

To help manage water levels on Vancouver Island, BC Hydro reduced Puntledge River flows by one-third last week and on the Lower Mainland reduced flows at Coquitlam by one-third and Ruskin/Stave by one quarter.

However, the utility company said, there are no concerns about continued power delivery.

“British Columbians benefit from BC Hydro’s integrated, provincial electricity system, which helps send power across the province, including to Vancouver Island, and programs like the winter payment plan support customers during colder months,” staff said.

Most of the electricity generated and used in B.C. is produced by larger facilities in the north and southeast of the province — and while water levels in those areas are below normal levels, there is enough water to meet the province’s power needs, even as additions like Site C's electricity remain a subject of debate among observers.

The Glacier Media investigation found a quarter of BC Hydro's power comes from the Mica, Revelstoke and Hugh Keenleyside dams on the Columbia River. Some 29% comes from dams in the Peace region, including the under-construction Site C project that has faced cost overruns. At certain points of the year, those reservoirs are reliant on glacier water.

Still, BC Hydro remains optimistic.

Forecasts are currently showing little rain in the near-term; however, historically, precipitation and inflows show up by the end of October. If that does not happen, BC Hydro said it would continue to closely track weather and inflow forecasts to adapt its operations to protect fish, while regional cooperation such as bridging with Alberta remains part of broader policy discussions.

Among things BC Hydro said it is doing to adapt are:

Continuously working to improve its weather and inflow forecasting;
Expanding its hydroclimate monitoring technology, including custom-made solutions that have been designed in-house, as well as upgrading snow survey stations to automated, real-time snow and climate stations, and;
Investing in capital projects — like spillway gate replacements — that will increase resiliency of the system to climate change.

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Bruce C Project advances Ontario clean energy with NRCan funding for nuclear reactors, impact assessment, licensing, and Indigenous engagement, delivering reliable baseload power and low-carbon electricity through pre-development studies at Bruce Power.

Key Points

A proposed nuclear build at Bruce Power, backed by NRCan funding for studies, licensing, and impact assessment to expand clean power.

✅ Up to $50M NRCan support for pre-development

✅ Focus: feasibility, impact assessment, licensing

✅ Early Indigenous and community engagement

Canada's clean energy landscape received a significant boost recently with the announcement of federal funding for the Bruce Power's Bruce C Project. Natural Resources Canada (NRCan) pledged up to $50 million to support pre-development work for this potential new nuclear build on the Bruce Power site. This collaboration between federal and provincial governments signifies a shared commitment to a cleaner energy future for Ontario and Canada.

The Bruce C Project, if it comes to fruition, has the potential to be a significant addition to Ontario's clean energy grid. The project envisions constructing new nuclear reactors at the existing Bruce Power facility, located on the shores of Lake Huron. Nuclear energy is a reliable source of clean electricity generation, as evidenced by Bruce Power's operating record during the pandemic, producing minimal greenhouse gas emissions during operation.

The funding announced by NRCan will be used to conduct crucial pre-development studies. These studies will assess the feasibility of the project from various angles, including technical considerations, environmental impact assessments, and Indigenous and community engagement, informed by lessons from a major refurbishment that required a Bruce reactor to be taken offline, to ensure thorough planning. Obtaining a license to prepare the site and completing an impact assessment are also key objectives for this pre-development phase.

This financial support from the federal government aligns with both national and provincial clean energy goals. The "Powering Canada Forward" plan, spearheaded by NRCan, emphasizes building a clean, reliable, and affordable electricity system across the country. Ontario's "Powering Ontario's Growth" plan echoes these objectives, focusing on investment options, such as the province's first SMR project, to electrify the province's economy and meet its growing clean energy demand.

"Ontario has one of the cleanest electricity grids in the world and the nuclear industry is leading the way," stated Mike Rencheck, President and CEO of Bruce Power. He views this project as a prime example of collaboration between federal and provincial entities, along with the private sector, where recent manufacturing contracts underscore industry capacity.

Nuclear energy, however, remains a topic of debate. While proponents highlight its role in reducing greenhouse gas emissions and providing reliable baseload power, opponents raise concerns about nuclear waste disposal and potential safety risks. The pre-development studies funded by NRCan will need to thoroughly address these concerns as part of the project's evaluation.

Transparency and open communication with local communities and Indigenous groups will also be crucial for the project's success. Early engagement activities facilitated by the funding will allow for open dialogue and address any potential concerns these stakeholders might have.

The Bruce C Project is still in its early stages. The pre-development work funded by NRCan will provide valuable data to determine the project's viability. If the project moves forward, it has the potential to significantly contribute to Ontario's clean energy future, while also creating jobs and economic benefits for local communities and suppliers.

However, the project faces challenges. Public perception of nuclear energy and the lengthy regulatory process are hurdles that will need to be addressed, as debates around the Pickering B refurbishment have highlighted in Ontario. Additionally, ensuring cost-effectiveness and demonstrating the project's long-term economic viability will be critical for securing broader support.

The next few years will be crucial for the Bruce C Project. The pre-development work funded by NRCan will be instrumental in determining its feasibility. If successful, this project could be a game-changer for Ontario's clean energy future, building on the province's Pickering life extensions to strengthen system adequacy, offering a reliable, low-carbon source of electricity for the province and beyond.

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