More greenhouse growers turn to coal

By Toronto Star


CSA Z463 Electrical Maintenance

Our customized live online or in‑person group training can be delivered to your staff at your location.

  • Live Online
  • 6 hours Instructor-led
  • Group Training Available
Regular Price:
$249
Coupon Price:
$199
Reserve Your Seat Today
Rob Mastronardi looks toward winter with great trepidation.

It will be a tough few months. Growing vegetables in a glasshouse is much more expensive when the outdoor temperature slides below zero. Tomatoes, peppers and eggplants need heat to thrive, and the cost of supplying that energy will impose a heavy toll this winter on Ontario's world-class greenhouse sector.

"Our fuel is up probably 40 per cent versus last year," says Mastronardi, who for four years has operated Cedar Beach Acres in Kingsville, Ont. For him, growing greenhouse vegetables goes back four generations. It's in his blood.

But the high cost of fuel, combined with the impact a volatile Canadian dollar is having on exports, has his blood boiling. "It's just a hellish economy out there right now. We're suffering just like the auto sector is suffering, but we're not getting any attention at all," he says.

Not that it's a lightweight sector. The province's greenhouse industry is the largest in North America for vegetable production.

Including floriculture, it employs 17,300 full- and part-time workers across 1,200 operations. Sales in 2007 reached about $1.25 billion, with a 40-60 split between vegetables and flowers respectively, according to the Ministry of Agriculture, Food and Rural Affairs.

"The Ontario greenhouse sector is a major contributor to the provincial economy and is worthy of support and promotion," according to a 2006 economic impact study commissioned by the Ontario Greenhouse Alliance.

But that support is lacking, says Mastronardi, who is glum about his industry's prospects. "In these market conditions, our days are definitely numbered."

Left to their own devices, he says, many operators are being forced into survival mode. For some, that means burning the cheapest and dirtiest fuel available: Coal.

Mastronardi says his greenhouse uses about 110,000 gigajoules of heat energy a year. Based on mid-summer fuel prices, he figures he would save between $500,000 to $700,000 annually in energy costs by switching from natural gas to coal. He began burning coal earlier this year but has so far resisted making it his primary fuel.

No. 6 "Bunker C" oil, a heavier fuel oil that's often used instead of natural gas, is also falling out of favour. The price of crude oil has been highly volatile and, though it has fallen over the past four months, is still well above its 10-year average. The International Energy Agency predicted recently that oil prices will average more than $100 (US) a barrel between now and 2015.

"It's just outrageously priced," Mastronardi says. "I probably won't burn Bunker C at all this winter."

Again, that leaves coal.

The Toronto Star has learned that dozens of other greenhouse operators in Ontario – clustered around the flower-dominant Niagara region and vegetable-dominant Essex County – have switched or are considering a transition to coal as a way to save on fuel costs.

The impact so far appears small, but the trend is gaining momentum. As it does, it could undermine the environmental benefits of an Ontario government plan to wean the province off coal-fired power generation by 2014.

"Coal is expanding in the province, despite a policy to phase out coal," says Roger Samson, executive director of REAP-Canada, an independent group that encourages sustainable farming practices. "The Ontario government has no plan on how to mitigate this."

How much coal, potentially, are we talking about? The energy demands of a typical greenhouse are enormous. Shalin Khosla, a greenhouse specialist with the agriculture ministry, says anywhere between 35 per cent to 50 per cent of the costs of operating a modern vegetable greenhouse goes toward energy consumption. The figure is closer to 20 per cent for flower growers.

It's estimated that greenhouses in Ontario cover 2,823 acres, and that the average greenhouse requires 9,500 gigajoules of energy per acre every year. This works out to 26.8 million gigajoules annually.

Convert that energy into electricity potential and it works out to 7.44 terawatt-hours a year – more than three times the 2004 electricity output of the Lakeview coal-fired generating station in Mississauga (which has since been closed down and demolished).

That's equivalent to more than one million tonnes of coal being burned annually.

It's a mathematical exercise that raises a serious public policy question: What's preventing the entire greenhouse industry from moving to coal, and in doing so, undermining the spirit of the McGuinty government's coal phase-out strategy?

Not much, it appears. Unlike power plants and other major industrial facilities, greenhouses can burn whatever fuel they want without much scrutiny.

Cement plants and fossil-fuel power stations require a certificate of approval from the environment ministry to burn coal.

But that's not so for greenhouses.

"Greenhouses are exempt because they're considered to be agricultural operations," says John Steele, a spokesman for Ontario's Ministry of the Environment. "Under the EPA (Environmental Protection Act), those operations are exempt from the certificate of approval process."

And because they have an exemption, he adds, "we don't know what they're doing."

Keith Stewart, an energy expert with WWF-Canada and author of a book on Ontario's electricity system, calls the situation "perverse" and a reflection of inconsistent government policy.

"Outdated energy policy is giving us coal-fired tomatoes," he says.

The issue has also caused concern in British Columbia's Fraser Valley Regional District, which has a greenhouse industry ranked second in Canada behind Ontario.

Barry Penner, B.C.'s environment minister, acknowledged the problem in a March 27 letter to district chair Clint Hames. But Penner said a new carbon tax in the 2008 B.C. budget "will send a signal that less greenhouse-gas-intense fuels should be considered."

No such tax exists or has been proposed in Ontario. If it did exist, it might help Don Nott, a switchgrass grower in Clinton, about 100 kilometres west of Kitchener.

Nott decided a few years ago to start growing fast-growing switchgrass on 300 acres of land. He figured he could make a better business out of harvesting the grasses, grinding them up, and packing them into carbon-neutral "biopellets" – a renewable fuel. Burning such pellets for fuel wouldn't be penalized by a carbon tax.

Back in 2006 about 14,000 tonnes of the pellets were burned for fuel, much of it in greenhouses that were experimenting with alternatives. "We had 30 different individuals burning our product at one time, of various sizes from small up to 30 acres," says Nott.

But when oil and natural gas prices began to rise, the greenhouses couldn't afford to experiment any longer. "It's gone down to nothing. There's just one guy left who's willing to burn it. Most of those guys have switched over to burning coal."

With 400 tonnes of switchgrass sitting in storage waiting for a market, Nott has pretty much folded the business.

"When they said they were going to burn coal, I said I'm out."

Most greenhouse operators that have turned to or are considering burning more coal aren't proud of it. They know it pollutes more, but escalating costs have left those in the industry with few choices.

"In my eyes the government is moving at an absolute snail's pace regarding this energy crisis in our industry," Mastronardi says.

"If they want us to survive, we're going to need help."

Related News

The Innovative Solution Bringing Electricity To Crisis Stricken Areas

Toyota and Honda Moving e delivers hydrogen backup power via a fuel cell bus, portable batteries, and power exporters for disaster relief, emergency electricity, and grid outage support near charging stations and microgrids.

 

Key Points

A hydrogen mobile power system using a fuel cell bus and batteries to supply emergency electricity during disasters.

✅ Fuel cell bus outputs up to 18 kW, 454 kWh capacity

✅ Portable batteries and power exporter deliver site power

✅ Supports disaster relief near hydrogen charging stations

 

Without the uninterrupted supply of power and electricity, modern economies would be unable to function. A blackout can impact everything from transport to health care, communication, and even water supplies, as seen in a near-blackout in Japan that strained the grid. It is one of the key security concerns for every government on earth, a point underscored by Fatih Birol on electricity options during the pandemic, and the growth in the market for backup power reflects that fact. In 2018, the global Backup Power market was $14.9 billion and is expected to reach $22 billion by the end of 2025, growing at a CAGR of 5.0 percent between 2019 and 2025.

It is against this backdrop that Toyota and Honda have come up with a new and innovative solution to providing electricity during disasters. The two transport giants have launched a mobile power generation system that consists of a fuel cell bus that can carry a large amount of hydrogen, aligned with Japan's hydrogen energy system efforts underway, portable external power output devices, and portable batteries to disaster zones. The system, which is called ‘Moving e’ includes Toyota’s charging station fuel cell bus, Honda’s power exporter 9000 portable external power output device, two types of Honda’s portable batteries, and a Honda Mobile Power Pack Charge & Supply Concept charger/discharger for MPP. 

In simple terms, the bus would drive to a disaster zone, and while other approaches such as gravity energy storage are advancing, the portable batteries and power output devices would be used to extract electricity from the fuel cell bus and provide it wherever it is needed. The bus itself can generate 454kWh and has a maximum output of 18kW. That is more than enough energy to supply electricity for large indoor areas such as an evacuation area. The bus is also fitted with space for people to nap or rest during a disaster.

The two companies plan to test the effectiveness of the Moving e at multiple municipalities and businesses. These locations will have to be within 100km of a hydrogen station that is capable of refueling the bus. If the bus has to drive 200km, then its electricity supply to the disaster zone would drop from 490kwh to 240kWh. While there aren’t currently enough hydrogen stations to make this a realistic scenario for all disaster zones, especially as countries push for hydrogen-ready power plants in Germany and related infrastructure, hydrogen is growing increasingly competitive with gasoline and diesel.

While gas generators are still considered more reliable and generally cheaper than backup batteries for home use, cleaner backup power is growing increasingly popular, and novel storage like power-to-gas in Europe is also advancing across grids. This latest development by Toyota and Honda is another step forward for the battery and fuel cell industry, with initiatives like PEM hydrogen R&D in China accelerating progress, – especially considering the meteoric rise of hydrogen energy in recent years.
 

 

Related News

View more

Romania enhances safety at Cernavoda, IAEA reports

IAEA OSART Cernavoda highlights strengthened operational safety at Romania’s Cernavoda NPP, citing improved maintenance practices, simulator training, and deficiency reporting, with ongoing actions on spare parts procurement, procedure updates, and chemical control for nuclear compliance.

 

Key Points

An IAEA follow-up mission confirming improved operational safety at Cernavoda NPP, with remaining actions tracked.

✅ Enhanced simulator training and crew performance

✅ Improved field deficiency identification and reporting

✅ Ongoing upgrades to procedures, spares, and chemical control

 

The International Atomic Energy Agency (IAEA) said yesterday that the operator of Romania’s Cernavoda nuclear power plant had demonstrated "strengthened operational safety" by addressing the findings of an initial IAEA review in 2016. The Operational Safety Review Team (OSART) concluded a five-day follow-up mission on 8 March to the Cernavoda plant, which is on the Danube-Black Sea Canal, about 160 km from Bucharest.

The plant's two 706 MWe CANDU pressurised heavy water reactors, reflecting Canadian nuclear projects, came online in 1996 and 2007, respectively.

The OSART team was led by Fuming Jiang, a senior nuclear safety officer at the IAEA, which recently commended China's nuclear security in separate assessments.

"We saw improvements in key areas, such as the procurement of important spare parts, the identification and reporting of some deficiencies, and some maintenance work practices, as evidenced by relevant performance indicators," Jiang said, noting milestones at nuclear projects worldwide this year.

The team observed that several findings from the 2016 review had been fully addressed, including: enhanced operator crew performance during simulator training; better identification and reporting of deficiencies in the field; and improvement in maintenance work practices.

More time is required, it said, to fully implement some actions, including: further improvements in the procurement of important spare parts with relevance to safety; further enhancement in the revision and update of some operating procedures, drawing on lessons from Pickering NGS life extensions undertaken in Ontario; and control and labelling of some plant chemicals.

Dan Bigu, site vice president of Cernavoda NPP, said the 2016 mission had "proven to be very beneficial", adding that the current follow-up mission would "provide further catalyst support to our journey to nuclear excellence".

The team provided a draft report of the mission to the plant's management and a final report will be submitted to the Romanian government, which recently moved to terminate talks with a Chinese partner on a separate nuclear project, within three months.

OSART missions aim to improve operational safety by objectively assessing safety performance, even as the agency reports mines at Ukraine's Zaporizhzhia plant amid ongoing risks, using the IAEA's safety standards and proposing recommendations and suggestions for improvement where appropriate. The follow-up missions are standard components of the OSART programme and, as the IAEA has warned of risks from attacks on Ukraine's power grids, are typically conducted within two years of the initial mission.

 

Related News

View more

Research shows that Ontario electricity customers want more choice and flexibility

Hydro One Account Customization lets Ontario customers pick billing due dates, enable balanced billing, get early high usage notifications, monitor electricity consumption, and receive outage alerts, offering flexibility during COVID-19.

 

Key Points

A flexible toolkit to set due dates, balance bills, get usage alerts, and track electricity.

✅ Pick your billing due date for better cash flow

✅ Balanced billing smooths seasonal usage spikes

✅ Early high usage and outage alerts via text or email

 

Hydro One announced it is providing its customers with the flexibility to customize their account. Customers can choose their own billing due date, flatten usage spikes from temperature fluctuations through balanced billing and the Ultra-Low Overnight Price Plan, and monitor their electricity consumption by signing up for early high usage notifications.

Research shows that Ontario electricity customers want more choice and flexibility (CNW Group/Hydro One Inc.)
"Being in-tune with our customers' needs is more important than ever. As we continue to navigate the COVID-19 pandemic, customers tell us that choice and flexibility, alongside electricity relief, will help them during this difficult time," said Jason Fitzsimmons, Chief Corporate Affairs and Customer Care Officer, Hydro One. "As a customer-driven organization, we have an important responsibility to support customers with relief, flexibility and choice."

According to recent research conducted by Angus Reid, 78 per cent of Ontario electricity customers said balanced billing would help them better manage their finances, even as peak hydro rates remained unchanged for many self-isolating customers. Balanced billing flattens out the spikes in electricity usage that commonly occurs in the summer due to air conditioning use and in the winter due to heating.

The research also found that 72 per cent of customers would like to pick their own due date to better manage their finances. This feature is now included in Hydro One's new customization bundle, which will be shared with customers through an awareness campaign. Other customization tools include alerts when electricity usage falls outside of the customer's normal pattern, the ability to report outages online and the ability to receive text messages or emails when outages occur. Customers can visit www.HydroOne.com/Choice to learn more.

"Customers can pick and choose the tools that work best for them. We are now able to offer a suite of features built for any lifestyle as our employees support Ontario's COVID-19 response across the province," said Fitzsimmons.

In addition to these customization options, Hydro One has also developed a number of customer support measures during COVID-19, including a Pandemic Relief Fund to offer payment flexibility and financial assistance to customers. The company is also extending its ban on electricity disconnections to ensure that no customer is disconnected at a time when support is needed most. More information about Hydro One's Pandemic Relief Program can be found at www.HydroOne.com/PandemicRelief. Customers can continue to contact Hydro One to determine individual payment plans and determine financial assistance programs available to meet their needs, especially as disconnection pressures can arise for some households.

 

Related News

View more

BC’s Electric Highway

British Columbia Electric Highway connects urban hubs and remote communities with 1,400+ EV charging stations, fast chargers, renewable energy, and clean transportation infrastructure, easing range anxiety and supporting climate goals across the province.

 

Key Points

A province-wide EV charging network for low-carbon travel with fast chargers in urban, rural and remote areas.

✅ 1,400+ stations across urban, rural, and remote B.C.

✅ Fast-charging, renewable-powered sites cut range anxiety

✅ Supports climate goals and boosts local economies

 

British Columbia has taken a significant step toward sustainable transportation with the completion of its Electric Highway, a comprehensive network of electric vehicle (EV) charging stations strategically placed across the province. This ambitious project not only supports the growing number of EV owners as the province expands EV charging across communities but also plays a crucial role in the province’s efforts to combat climate change and promote clean energy.

The Electric Highway spans from the southern reaches of the province to its northern edges, connecting key urban centers and remote communities alike. With over 1,400 charging stations installed at various locations, the network is designed to accommodate the diverse needs of EV drivers, ensuring they can travel confidently without the fear of running out of charge, with B.C. Hydro expansion in southern B.C. further bolstering coverage.

One of the standout features of the Electric Highway is its accessibility. Charging stations are located not only in urban areas but also in rural and remote regions, allowing residents in those communities to embrace electric vehicles, supported by EV charger rebates available provincewide.

The completion of the Electric Highway comes at a time when EV adoption is on the rise. As more consumers recognize the benefits of electric vehicles—including lower operating costs, reduced greenhouse gas emissions, and decreased dependence on fossil fuels—alongside rebates for home and workplace charging that reduce barriers—demand for charging infrastructure has surged. The Electric Highway provides the essential support needed to facilitate this shift, enabling residents and visitors to travel long distances with ease.

Moreover, the Electric Highway aligns with British Columbia’s climate goals. The province has set ambitious targets to reduce greenhouse gas emissions and transition to a low-carbon economy. By promoting electric vehicles and investing in charging infrastructure, British Columbia aims to lower emissions from the transportation sector, which is one of the largest contributors to climate change, with related efforts including electric ferries that complement road decarbonization. The completion of this highway is a significant milestone in the province’s journey toward a greener future.

The project has also garnered attention for its innovative approach to energy sourcing. Many of the charging stations are powered by renewable energy, further reducing their carbon footprint. This commitment to sustainability not only enhances the environmental benefits of electric vehicles but also reinforces British Columbia’s reputation as a leader in clean energy initiatives, including the $900 million hydrogen project advancing alternative fuels.

In addition to its environmental advantages, the Electric Highway has the potential to boost the local economy. As EV travel becomes more commonplace, businesses along the route can capitalize on increased foot traffic from travelers seeking charging options. This economic uplift is especially important for small towns and rural areas, where tourism and local commerce can thrive with the right infrastructure in place.

Furthermore, the completion of the Electric Highway is expected to catalyze further innovation in the EV sector. As charging technology continues to evolve, the province is poised to be at the forefront of advancements that enhance the EV driving experience. Initiatives such as ultra-fast charging and smart charging solutions could soon become the norm, making electric travel even more convenient.

The provincial government is also focusing on public awareness campaigns to educate residents about the benefits of electric vehicles and how to use the new charging infrastructure. By fostering a greater understanding of EV technology and its advantages, the government hopes to inspire more people to make the switch from gasoline-powered vehicles to electric ones.

In conclusion, the completion of the Electric Highway marks a transformative moment for British Columbia and its commitment to sustainable transportation. By providing a reliable network of charging stations, the province is making electric vehicle travel a reality for everyone, promoting environmental responsibility while supporting local economies. As more British Columbians embrace electric mobility, the Electric Highway stands as a testament to the province’s dedication to creating a cleaner, greener future for generations to come. With this essential infrastructure in place, British Columbia is paving the way for a new era of transportation that prioritizes sustainability and accessibility.

 

Related News

View more

Sask. sets new record for power demand

SaskPower Summer Power Demand Record hits 3,520 MW as heat waves drive electricity consumption; grid capacity, renewables expansion, and energy efficiency tips highlight efforts to curb greenhouse gas emissions while meeting Saskatchewan's growing load.

 

Key Points

The latest summer peak load in Saskatchewan: 3,520 MW, driven by heat, with plans to expand capacity and lower emissions.

✅ New peak surpasses last August by 50 MW to 3,520 MW.

✅ Capacity target: 7,000 MW by 2030 with more renewables.

✅ Tips: AC settings, close blinds, delay heat-producing chores.

 

As the mercury continues to climb in Saskatchewan, where Alberta's summer electricity record offers a regional comparison, SaskPower says the province has set a new summer power demand record.

The Crown says the new record is 3,520 megawatts. It’s an increase of 50 megawatts over the previous record, or enough electricity for 50,000 homes.

“We’ve seen both summer and winter records set every year for a good while now. And if last summer is any indication, we could very well see another record before temperatures cool off heading into the fall,” said SaskPower Vice President of Transmission and Industrial Services Kory Hayko in a written release. “It’s not impossible we’ll break this record again in the coming days. It’s SaskPower’s responsibility to ensure that Saskatchewan people and businesses have the power they need to thrive. That’s what drives our investment of $1 billion every year, as outlined in our annual report, to modernize and grow the province’s electrical system.”

The previous summer consumption record of 3,740 megawatts was set last August, and similar extremes in the Yukon electricity demand highlight broader demand pressures this year. The winter demand record remains higher at 3,792 megawatts, set on Dec. 29, 2017.

SaskPower says it plans to expand its generation capacity from 4,500 megawatts now to 7,000 megawatts in 2030, with a focus on decreasing greenhouse gas emissions and doubling renewable electricity by 2030 as part of its strategy.

To reduce power bills, the Crown suggests turning down or programming air conditioning when residents aren’t home, inspecting the air conditioner to make sure it is operating efficiently, keeping blinds closed to keep out direct sunlight, delaying chores that produce heat and making sure electronics are turned off when people leave the room.

The new record beats the previous summer peak of 3,470 MW, set last August after also being broken twice in July. The winter demand record is still higher at 3,792 MW, which was set on December 29, 2017. To meet growing power demand, and amid projections that Manitoba's electrical demand could double in the next 20 years, SaskPower is expanding its generation capacity from approximately 4,500 MW now to 7,000 MW by 2030 while also reducing greenhouse gas emissions by 40 per cent from 2005 levels. To accomplish this, we will be significantly increasing the amount of renewables on our system.

Cooling and heating represents approximately a quarter of residential power bills. To reduce consumption and power bills during heat waves, SaskPower’s customers can:

Turn down or program the air conditioning when no one is home (for every degree that air conditioning is lowered for an eight-hour period, customers can save up to two per cent on their power costs);

Consider having their air conditioning unit inspected to make sure it is operating efficiently;

Keep the heat out by closing blinds and drapes, especially those with direct sunlight;

Delay chores that produce heat and moisture, like dishwashing and laundering, until the cooler parts of the day or evening; and

As with any time of the year, make sure lights, televisions and other electronics are turned off when no one's in the room. For example, a modern gaming console can use as much power as a refrigerator.

 

Related News

View more

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.
 

 

Related News

View more

Sign Up for Electricity Forum’s Newsletter

Stay informed with our FREE Newsletter — get the latest news, breakthrough technologies, and expert insights, delivered straight to your inbox.

Electricity Today T&D Magazine Subscribe for FREE

Stay informed with the latest T&D policies and technologies.
  • Timely insights from industry experts
  • Practical solutions T&D engineers
  • Free access to every issue

Live Online & In-person Group Training

Advantages To Instructor-Led Training – Instructor-Led Course, Customized Training, Multiple Locations, Economical, CEU Credits, Course Discounts.

Request For Quotation

Whether you would prefer Live Online or In-Person instruction, our electrical training courses can be tailored to meet your company's specific requirements and delivered to your employees in one location or at various locations.