Going tankless to save energy

By Toronto Star


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Don Drury is on a mission to reduce the amount of energy Canadians use to heat water in their homes, starting with his own neighbours. His methods may be primitive, but they're proving quite effective.

The 78-year-old Torontonian has whipped up a hand-written flyer and has been distributing it in mailboxes throughout his neighbourhood.

"Do you want to help the environment and save money?" the flyer asks. "It is possible, and I can prove it!"

Drury purchased a tankless hot water heater about a year ago. Unlike conventional hot water tanks, which store a large volume of water (between 40 to 60 gallons) and use natural gas or electricity to keep it constantly heated, a tankless system doesn't store water. Instead, it rapidly heats the water as it flows, on demand, when you need it.

We work, we travel, we shop and go to school, and all this time the conventional hot water tank in most of our homes is working, turning on and off, keeping the water in the tank heated even when nobody is around to use it. A huge amount of energy is being used in the process, for no good reason.

Even when we are at home, we're not always using the hot water. "But you are paying for that," Drury's flyer emphasizes.

There are major advantages to using tankless systems. For one, they take up far less space and zero floor space. They also last twice as long – up to 20 years. And while more expensive than a tank system, the added cost of a tankless unit is recovered through energy savings over its operational life.

Home Depot carries a number of Bosch tankless systems that cost anywhere from $628 to $1,248 when purchased online. Price depends on the volume of hot water flow you require.

The smaller systems handle 3.5 gallons per minute, usually enough to handle one shower or some other water application, like a dishwasher, at a time. The larger systems handle nearly double the volume, meaning constant hot water even during two simultaneous showers.

Energy savings depend on how much hot water you use in a given day. That is, the more you use, the more you save. I've seen companies promote energy savings ranging from 20 to 50 per cent. If we assume 25 per cent, and consider that the average home in Ontario spends about $400 on water heating, we see savings in the order of $100 a year.

But tankless systems aren't for everybody. Installation isn't a simple task. Complaints about water pressure and temperature do occasionally surface, and there's a contingent of folks out there who challenge the true cost-savings being claimed by manufacturers. The savings for electric-powered systems are also considered lower.

What's required is a case-by-case analysis. Homeowners need to assess their own hot water needs and patterns of use to get a true sense of the benefits.

So far, three of Drury's neighbours have dropped by his house to see the system, and one even went ahead and bought one. Drury, in a letter sent to Clean Break, says he's eager to see the technology go mainstream.

"I am hoping some federal or provincial politician will mandate that all new homes constructed must have one of these installed," he writes. "Think of the savings of greenhouse gases, natural gas, and money for the homeowner multiplied by tens of thousands countrywide."

The economics are better when you consider that the province and federal government each offer a $200 grant – or $400 in total – for the purchase and installation of a tankless hot water system.

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Affordable, safe' nuclear power is key to reaching Canada's climate goals: federal minister

Canada Nuclear Power Expansion highlights SMRs, clean energy, net-zero targets, and robust regulation to deliver safe, reliable baseload electricity, spur investment, and economically decarbonize remote communities, mines, and grids across provinces securely.

 

Key Points

Canada Nuclear Power Expansion grows SMRs and reactors to meet climate targets with safe, reliable baseload power.

✅ Deploys SMRs for remote communities, mines, and industrial sites

✅ Streamlines regulation to ensure safety, trust, and timely approvals

✅ Provides clean, reliable baseload to hit net-zero electricity goals

 

Canada must expand its nuclear power capacity if it is to reach its climate targets, according to Canadian Minister of Natural Resources Seamus Oregan.

Speaking to the Canadian Nuclear Association’s annual conference, Seamus O’Regan said the industry has to grow.

“As the world tackles a changing climate, nuclear power is poised to provide the next wave of clean, affordable, safe and reliable power,” he told a packed room.

The Ottawa conference was the largest the industry has run with dozens of companies and more than 900 people in attendance. Provincial cabinet ministers from Saskatchewan and Ontario were also there. Those two provinces, along with New Brunswick, signed a memorandum in December as part of a premiers' nuclear initiative to work together on small modular reactor technology.

People need to know that it’s safe

Small modular reactors are units that produce less power than large generating stations, but can be constructed easier and are expected to be safer to operate. Canadian firms have about a dozen of the proposed reactors working their way through the regulatory process, with New Brunswick's SMR plans drawing scrutiny.

The smaller reactors could be used in groups to replace large units, but the industry also hopes to use them in rural or isolated communities, mines or even oilsands projects, potentially replacing the diesel power generators some remote communities use.

The Canadian government issued a road map to support the industry in 2018 and O’Regan committed Thursday to putting some teeth on that proposal later this year, as provinces like Ontario explore new large-scale nuclear plants to meet demand, with specific steps the government will take.

“We have been working so hard to support this industry. We are placing nuclear energy front and centre, something that has never been done before.”

O’Regan said the government’s role is a clear, streamlined regulatory system that will promote the industry, but also help the Canadian public to trust the reactors will be safe.

“People need to know that it’s safe. They need to know that it’s regulated. They need to know that it’s safe for them,” he said.

The Liberals promised during the campaign that they would gradually reduce Canada’s carbon emissions even after hitting the targets in the Paris Agreement by 2030. By 2050, Prime Minister Justin Trudeau said he expects Canada to be carbon neutral, mindful of lessons from Europe's power crisis on reliability.

The government hasn’t outlined how it will achieve that goal. O’Regan said more detail is coming, but it’s clear that nuclear is going to have to play a major part, echoing the UK’s green industrial revolution approach to reactor deployment.

“I have not seen a credible plan for net zero without nuclear as part of the mix. I don’t think we are going to be relying on any one technology. I think it’s going to be a whole host of things.”

O’Regan said large investors are looking for countries that are on the path to net zero.

“Everybody has their shirt sleeves rolled up and we know we need to work on this, not only do we have to work on this for the urgency of the planet, but we have to work on it for Canadian jobs.”

He added, “We must focus on those areas where Canada can and should lead, like nuclear.”

Canadians are ready to take a fresh look at nuclear

John Gorman, president of the Canadian Nuclear Association, said he was thrilled with O’Regan’s comments.

“I took the minister’s remarks this morning as being perhaps the strongest language of support for the nuclear industry in a number of years.”

Gorman said the industry is in strong shape and is working with utility companies such as Ontario Power Generation and regulators to move projects forward.

“It’s this amazing collaboration and coordination that is enabling us to beat others to the roll out of these small modular reactors,” he said.

He said provinces that might not have looked at nuclear before now have an incentive to do it, because of climate change. A former solar industry executive, Gorman said solar and wind power are important, as Ontario plans to seek new wind and solar power to ease supply pressures, but they won’t be able to keep up with rising power demands.

“Globally we are seeing increased recognition that climate change is real and that it’s a crisis, we are also seeing recognition that we are not making as much progress on decarbonizing our electricity system as we thought,” he said. “Canadians are ready to take a fresh look at nuclear and see the real facts.”

 

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France Demonstrates the Role of Nuclear Power Plants

France Nuclear Power Strategy illustrates a low-carbon, reliable baseload complementing renewables in the energy transition, enhancing grid reliability, energy security, and emissions reduction, offering actionable lessons for Germany on infrastructure, policy, and public acceptance.

 

Key Points

France's nuclear strategy is a low-carbon baseload model supporting renewables, grid reliability, and energy security.

✅ Stable low-carbon baseload complements intermittent renewables

✅ Enhances grid reliability and national energy security

✅ Requires long-term investment, safety, and waste management

 

In recent months, France has showcased the critical role that nuclear power plants can play in an energy transition, offering valuable lessons for Germany and other countries grappling with their own energy challenges. As Europe continues to navigate its path towards a sustainable and reliable energy system, France's experience with nuclear energy underscores its potential benefits and the complexities involved, including outage risks in France that operators must manage effectively.

France, a long-time proponent of nuclear energy, generates about 70% of its electricity from nuclear power, making it one of the most nuclear-dependent countries in the world. This high reliance on nuclear energy has allowed France to maintain a stable and low-carbon electricity supply, which is increasingly significant as nations aim to reduce greenhouse gas emissions, even as Europe's nuclear capacity declines in several markets, and combat climate change.

Recent events in France have highlighted several key aspects of nuclear power's role in energy transition:

  1. Reliability and Stability: During periods of high renewable energy generation or extreme weather events, nuclear power plants have proven to be a stable and reliable source of electricity. Unlike solar and wind power, which are intermittent and depend on weather conditions, nuclear plants provide a consistent and continuous supply of power. This stability is crucial for maintaining grid reliability and ensuring that energy demand is met even when renewable sources are not producing electricity.

  2. Low Carbon Footprint: France’s commitment to nuclear energy has significantly contributed to its low carbon emissions. By relying heavily on nuclear power, France has managed to reduce its greenhouse gas emissions substantially compared to many other countries. This achievement is particularly relevant as Europe strives to meet ambitious climate targets, with debates over a nuclear option in Germany highlighting climate trade-offs, and reduce overall carbon footprints. The low emissions associated with nuclear power make it an important tool for achieving climate goals and transitioning away from fossil fuels.

  3. Energy Security: Nuclear power has played a vital role in France's energy security. The country’s extensive network of nuclear power plants ensures a stable and secure supply of electricity, reducing its dependency on imported energy sources. This energy security is particularly important in the context of global energy market fluctuations and geopolitical uncertainties. France’s experience demonstrates how nuclear energy can contribute to a nation’s energy independence and resilience.

  4. Economic Benefits: The nuclear industry in France also provides significant economic benefits. It supports thousands of jobs in construction, operation, and maintenance of power plants, as well as in the supply chain for nuclear fuel and waste management. Additionally, the stable and relatively low cost of nuclear-generated electricity can contribute to lower energy prices for consumers and businesses, enhancing economic stability.

Germany, in contrast, has been moving away from nuclear energy, particularly following the Fukushima disaster in 2011. The country has committed to phasing out its nuclear reactors by 2022 and focusing on expanding renewable energy sources such as wind and solar power. While Germany's renewable energy transition has made significant strides, it has also faced challenges related to grid stability, as Germany's energy balancing act illustrates for policymakers, energy storage, and maintaining reliable power supplies during periods of low renewable generation.

France’s experience with nuclear energy offers several lessons for Germany and other nations considering their own energy strategies:

  • Balanced Energy Mix: A diverse energy mix that includes nuclear power alongside renewable sources can help ensure a stable and reliable electricity supply, as ongoing discussions about a nuclear resurgence in Germany emphasize for policymakers today. While renewable energy is essential for reducing carbon emissions, it can be intermittent and may require backup from other sources to maintain grid reliability. Nuclear power can complement renewable energy by providing a steady and consistent supply of electricity.

  • Investment in Infrastructure: To maximize the benefits of nuclear energy, investment in infrastructure is crucial. This includes not only the construction and maintenance of power plants but also the development of waste management systems and safety protocols. France’s experience demonstrates the importance of long-term planning and investment to ensure the safe and effective use of nuclear technology.

  • Public Perception and Policy: Public perception of nuclear energy can significantly impact its adoption and deployment, and ongoing Franco-German nuclear disputes show how politics shape outcomes across borders. Transparent communication, rigorous safety standards, and effective waste management are essential for addressing public concerns and building trust in nuclear technology. France’s successful use of nuclear power is partly due to its emphasis on safety and regulatory compliance.

In conclusion, France's experience with nuclear power provides valuable insights into the role that this technology can play in an energy transition. By offering a stable, low-carbon, and reliable source of electricity, nuclear power complements renewable energy sources and supports overall energy security. As Germany and other countries navigate their energy transitions, France's example underscores the importance of a balanced energy mix, robust infrastructure, and effective public engagement in harnessing the benefits of nuclear power while addressing associated challenges, with industry voices such as Eon boss on nuclear debate underscoring the sensitivity of cross-border critiques.

 

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Proposed underground power line could bring Iowa wind turbine electricity to Chicago

SOO Green Underground Transmission Line proposes an HVDC corridor buried along Canadian Pacific railroad rights-of-way to deliver Iowa wind energy to Chicago, enhance grid interconnection, and reduce landowner disruption from new overhead lines.

 

Key Points

A proposed HVDC project burying lines along a railroad to move Iowa wind power to Chicago and link two grids.

✅ HVDC link from Mason City, IA, to Plano, IL

✅ Buried in Canadian Pacific railroad right-of-way

✅ Connects MISO and PJM grids for renewable exchange

 

The company behind a proposed underground transmission line that would carry electricity generated mostly by wind turbines in Iowa to the Chicago area said Monday that the $2.5 billion project could be operational in 2024 if regulators approve it, reflecting federal transmission funding trends seen recently.

Direct Connect Development Co. said it has lined up three major investors to back the project. It plans to bury the transmission line in land that runs along existing Canadian Pacific railroad tracks, hopefully reducing the disruption to landowners. It's not unusual for pipelines or fiber optic lines to be buried along railroad tracks in the land the railroad controls.

CEO Trey Ward said he "believes that the SOO Green project will set the standard regarding how transmission lines are developed and constructed in the U.S."

A similar proposal from a different company for an overhead transmission line was withdrawn in 2016 after landowners raised concerns, even as projects like the Great Northern Transmission Line advanced in the region. That $2 billion Rock Island Clean Line was supposed to run from northwest Iowa into Illinois.

The new proposed line, which was first announced in 2017, would run from Mason City, Iowa, to Plano, Ill., a trend echoed by Canadian hydropower to New York projects. The investors announced Monday were Copenhagen Infrastructure Partners, Jingoli Power and Siemens Financial Services.

The underground line would also connect two different regional power operating grids, as seen with U.S.-Canada cross-border transmission approvals in recent years, which would allow the transfer of renewable energy back and forth between customers and producers in the two regions.

More than 36 percent of Iowa's electricity comes from wind turbines across the state.

Jingoli Power CEO Karl Miller said the line would improve the reliability of regional power operators and benefit utilities and corporate customers in Chicago, even amid debates such as Hydro-Quebec line opposition in the Northeast.

 

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ACCIONA Energía Launches 280 MW Wind Farm in Alberta

Forty Mile Wind Farm delivers 280 MW of renewable wind power in Alberta, with 49 Nordex turbines by ACCIONA Energía, supplying clean electricity to the grid, lowering carbon emissions, and enabling future 120 MW expansion.

 

Key Points

A 280 MW ACCIONA Energía wind farm in Alberta with 49 Nordex turbines, delivering clean power and cutting carbon.

✅ 280 MW via 49 Nordex N155 turbines on 108 m towers

✅ Supplies clean power to 85,000+ homes, reducing emissions

✅ Phase II could add 120 MW, reaching 400 MW capacity

 

ACCIONA Energía, a global leader in renewable energy, has successfully launched its Forty Mile Wind Farm in southern Alberta, Canada, amid momentum from a new $200 million wind project announced elsewhere in the province. This 280-megawatt (MW) project, powered by 49 Nordex turbines, is now supplying clean electricity to the provincial grid and stands as one of Canada's ten largest wind farms. It also marks the company's largest wind installation in North America to date. 

Strategic Location and Technological Specifications

Situated approximately 50 kilometers southwest of Medicine Hat, the Forty Mile Wind Farm is strategically located in the County of Forty Mile No. 8. Each of the 49 Nordex N155 turbines boasts a 5.7 MW capacity and stands 108 meters tall. The project's design allows for future expansion, with a potential Phase II that could add an additional 120 MW, bringing the total capacity to 400 MW, a scale comparable to Enel's 450 MW U.S. wind farm now in operation. 

Economic and Community Impact

The Forty Mile Wind Farm has significantly contributed to the local economy. During its peak construction phase, the project created approximately 250 jobs, with 25 permanent positions anticipated upon full operation. These outcomes align with an Alberta renewable energy surge projected to power thousands of jobs across the province. Additionally, the project has injected new tax revenues into the local economy and provided direct financial support to local non-profit organizations, including the Forty Mile Family & Community Support Services, the Medicine Hat Women’s Shelter Society, and the Root Cellar Food & Wellness Hub. 

Environmental Benefits

Once fully operational, the Forty Mile Wind Farm is expected to generate enough clean energy to power more than 85,000 homes, supporting wind power's competitiveness in electricity markets today. This substantial contribution to Alberta's energy mix aligns with ACCIONA Energía's commitment to sustainability and its goal of reducing carbon emissions. The project is part of the company's broader strategy to expand its renewable energy footprint in North America and support the transition to a low-carbon economy. 

Future Prospects

Looking ahead, ACCIONA Energía plans to continue its expansion in the renewable energy sector, as peers like TransAlta add 119 MW in the U.S. to their portfolios. The success of the Forty Mile Wind Farm serves as a model for future projects and underscores the company's dedication to delivering sustainable energy solutions, even as Alberta's energy future presents periodic headwinds. With ongoing developments and a focus on innovation, ACCIONA Energía is poised to play a pivotal role in shaping the future of renewable energy in North America.

The Forty Mile Wind Farm exemplifies ACCIONA Energía's commitment to advancing renewable energy, supporting local communities, and contributing to environmental sustainability, and it benefits from evolving demand signals, including a federal green electricity contract initiative in Canada that encourages clean supply. As the project continues to operate and expand, it stands as a testament to the potential of wind energy in Canada's clean energy landscape.

 

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Fish boom prompts energy conglomerate to spend $14.5M to bury subsea cables

Maritime Link Cable Burial safeguards 200-kV subsea cables in the Cabot Strait as Emera and Nova Scotia Power trench lines to mitigate bottom trawling risks from a redfish boom, ensuring Muskrat Falls hydro delivery.

 

Key Points

Trenching Cabot Strait subsea power cables to prevent redfish-driven bottom trawling and ensure Muskrat Falls power.

✅ $14.492M spent trenching 59 km at 400 m depth

✅ Protects 200-kV, 170-km subsea interconnects from trawls

✅ Driven by Gulf redfish boom; DFO and UARB consultations

 

The parent company of Nova Scotia Power disclosed this week to the Utility and Review Board, amid Site C dam watchdog attention to major hydro projects, that it spent almost $14,492,000 this summer to bury its Maritime Links cables lying on the floor of the Cabot Strait between Newfoundland and Cape Breton.

It's a fish story no one saw coming, at least not Halifax-based energy conglomerate Emera.

The parent company of Nova Scotia Power disclosed this week to the Utility and Review Board that it spent almost $14,492,000 this summer to bury its Maritime Link cables lying on the floor of the Cabot Strait between Newfoundland and Cape Breton.

The cables were protected because an unprecedented explosion in the redfish population in the Gulf of St Lawrence is about to trigger a corresponding boom in bottom trawling in the area.

Also known as ocean perch, redfish were not on anyone's radar when the $1.5-billion Maritime Link was designed and built to carry Muskrat Falls hydroelectricity from Newfoundland to Nova Scotia.

The two 200-kilovolt electrical submarine cables spanning the Cabot Strait are the longest in North America, compared with projects like the New England Clean Power Link planned further south. They are each 170 kilometres long and weigh 5,500 tonnes.

Nova Scotia Power customers are paying for the Maritime Link in return for a minimum of 20 per cent of the electricity generated by Muskrat Falls over 35 years.

The electricity is supposed to start sending first electricity through the Maritime Link in mid-2020.

First time cost disclosed
In August, the company buried 59 kilometres of subsea cables one metre below the bottom at depths of 400 metres.

"These cables had not been previously trenched due to the absence of fishing activities at those depths when the cables were originally installed," spokesperson Jeff Myrick wrote in an email to CBC News in October.

Ratepayers will get the bill next year, as utilities also face risks like copper theft that can drive costs in the region. Until now, the company had declined to release costs relating to protecting the Maritime Link.

The bill will be presented to regulators, a process that has affected projects such as a Manitoba Hydro line to Minnesota, when the company applies to recover Maritime Link costs from Nova Scotia Power ratepayers in 2020.

Myrick said the company was acting after consultation with the Department of Fisheries and Oceans.

Unexpected consequences
After years of overfishing in the 1980s and early 1990s, redfish quotas were slashed and a moratorium imposed on some redfish.

Confusingly, there are actually two redfish species in the Gulf of St. Lawrence.

But very strong recent year classes, that have coincided with warming waters in the gulf, as utilities adapt to climate change considerations grow, have produced redfish in massive numbers.

After years of overfishing, the redfish population is now booming in the Gulf of St. Lawrence. (Submitted by Marine Institute)
There is now believed to be three-million tonnes of redfish in the Gulf of St Lawrence.

The Department of Fisheries and Oceans is expected to increase quotas in the coming years and the fishing industry is gearing up in a big way.

Earlier this month, Scotia Harvest announced it will begin construction of a new $14-million fish plant in Digby next spring in part to process increased redfish catches.

 

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Court reinstates constitutional challenge to Ontario's hefty ‘global adjustment’ electricity charge

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.
 

 

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