First Nations communities ready for the grid

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Four small First Nations communities have officially hooked up to the BC Hydro power grid for the first time - one step in an ongoing process of helping improve residents' lives through technical improvements and economic development.

In what one official with the Lower St'at'imc Tribal Council LSTC said amounts to providing "better access to what most of us take for granted," those living in Q'aLaTku7em, Skatin, Port Douglas and Tipella - along with a host of invited guests - celebrated the electrification of the communities of the Southern St'at'imc Samahquam, Skatin and Douglas nations on November 12.

For decades, the communities of the Lillooet Lake/Harrison Lake corridor - stretching out along the In-SHUCK-ch Forest Service Road between Mount Currie and the Fraser Valley - had had high-tension BC Hydro transmission lines running overhead, but for technical reasons could not hook up to the grid.

But after negotiations and the recent infusion of some $32 million to put in two specially designed substations allowing workers to tie into the 360-kilovolt lines, and the addition of power lines linking the substations to the communities, they'll now be able to mothball the balky and eco-unfriendly diesel generators that have provided their only electricity until now.

In part, the breakthrough was made possible by recent independent power projects built in the Lillooet-Harrison corridor in conjunction with the In-SHUCK-ch by Cloudworks Energy, Nigel Protter, LSTC administrator, said.

"It probably would have happened without that, but probably not at this particular time," he said.

In addition to the new electrical infrastructure, the project of electrifying the communities also involved having electricians visit each of the 77 residents and five commercial buildings to ensure that they were up to building codes and could handle the new power source, Protter said.

"Some of the work we did was quite extensive... we played a big, central coordinating role in all this, and we're quite proud of it," Protter said, adding, "Electrification is step one, and we're hoping to work on governance next. It's one of a lot of pieces that are going to help establish a sustainable, self-determined lifestyle."

Protter said the new electricity is not three-phase power that can support the development of industry. The single-phase power, though, is adequate to support commercial, residential and office uses.

"It's part of the trajectory of where these bands know that they need to go," he said. "They want to build capacity so that members who are living off reserve can feel comfortable coming home and be part of their community, if they wish."

Gerard Peters Eppa, chief treaty negotiator for the In-SHUCK-ch Nation, said he was "excited" to see the communities tie into the BC Hydro grid some 60 years after the original transmission lines were installed.

Peters, who for two decades has been working on securing a treaty on behalf of the Samahquam and Skatin - the process is currently suspended after Douglas leaders announced late last year that their nation was withdrawing from that process - said treaty negotiations have been occurring concurrent with talks involving the St'at'imc Nation comprised of 11 bands in the region to bring about technical upgrades.

"B.C. Electric, the predecessor to BC Hydro, installed the line through the valley floor about 60 years ago now. At that time, the federal government was represented by the Indian Agent, and at that time the leadership on the Indian side was not as sophisticated as they are today," Peters said. "Many of them required interpreters. One of them was my friend the late Ron Gabriel, who translated for his grandfather.

"The fact of the connection finally occurring required a number of jurisdictions and entities to converge. We had the continuing role of BC Hydro, and I have to say that the St'at'imc Nation, in negotiating a larger hydro agreement, played a key role here."

Peters added that he thinks treaty negotiations also helped increase the profile of the nations within federal and provincial government circles and helped lead to this announcement.

He said he hopes the citizens and leadership of the Douglas Nation will see that and consider returning to the treaty process.

"We would not have made the progress on the technical issues had we not made significant progress in the treaty process. I hope that Douglas will see that," Peters said.

Peters said he thinks the next big project on the infrastructure front should be improvements to the In-SHUCK-ch road - not pavement, but at least a good, two-lane gravel surface.

"I'm going to take the opportunity to remind the province of B.C. to say that the connection to the grid is one thing, but improving the road is another important step and that needs to occur soon," he said. "We want it improved to the point where we don't have to worry about basic safety so that we can travel the road year-round."

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US looks to decommission Alaskan military reactor

SM-1A Nuclear Plant Decommissioning details the US Army Corps of Engineers' removal of the Fort Greely reactor, Cold War facility dismantling, environmental monitoring, remote-site power history, and timeline to 2026 under a deactivated nuclear program.

 

Key Points

Army Corps plan to dismantle Fort Greely's SM-1A reactor and complete decommissioning of remaining systems by 2026.

✅ Built for remote Arctic radar support during the Cold War

✅ High costs beat diesel; program later deemed impractical

✅ Reactor parts removed; residuals monitored; removal by 2026

 

The US Army Corps of Engineers has begun decommissioning Alaska’s only nuclear power plant, SM-1A, which is located at Fort Greely, even as new US reactors continue to take shape nationwide. The $17m plant closed in 1972 after ten years of sporadic operation. It was out of commission from 1967 to 1969 for extensive repairs. Much of has already been dismantled and sent for disposal, and the rest, which is encased in concrete, is now to be removed.

The plant was built as part of an experimental programme to determine whether nuclear facilities, akin to next-generation nuclear concepts, could be built and operated at remote sites more cheaply than diesel-fuelled plants.

"The main approach was to reduce significant fuel-transportation costs by having a nuclear reactor that could operate for long terms, a concept echoed in the NuScale SMR safety evaluation process, with just one nuclear core," Brian Hearty said. Hearty manages the Army Corps of Engineers’ Deactivated Nuclear Power Plant Program.

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He said the Army built SM-1A in 1962 hoping to provide power reliably at remote Arctic radar sites, where in similarly isolated regions today new US coal plants may still be considered, intended to detect incoming missiles from the Soviet Union at the height of the Cold War. He added that the programme worked but not as well as Pentagon officials had hoped. While SM-1A could be built and operated in a cold and remote location, its upfront costs were much higher than anticipated, and it costs more to maintain than a diesel power plant. Moreover, the programme became irrelevant because of advances in Soviet rocket science and the development of intercontinental ballistic missiles.

Hearty said the reactor was partially dismantled soon after it was shut down. “All of the fuel in the reactor core was removed and shipped back to the Atomic Energy Commission (AEC) for them to either reprocess or dispose of,” he noted. “The highly activated control and absorber rods were also removed and shipped back to the AEC.”

The SM-1A plant produced 1.8MWe and 20MWt, including steam, which was used to heat the post. Because that part of the system was still needed, Army officials removed most of the nuclear-power system and linked the heat and steam components to a diesel-fired boiler. However, several parts of the nuclear system remained, including the reactor pressure vessel and reactor coolant pumps. “Those were either kept in place, or they were cut off and laid down in the tall vapour-containment building there,” Hearty said. “And then they were grouted and concreted in place.” The Corps of Engineers wants to remove all that remains of the plant, but it is as yet unclear whether that will be feasible.

Meanwhile, monitoring for radioactivity around the facility shows that it remains at acceptable levels. “It would be safe to say there’s no threat to human health in the environment,” said Brenda Barber, project manager for the decommissioning. Work is still in its early stages and is due to be completed in 2026 at the earliest. Barber said the Corps awarded the $4.6m contract in December to a Virginia-based firm to develop a long-range plan for the project, similar in scope to large reactor refurbishment efforts elsewhere. Among other things, this will help officials determine how much of the SM-1A will remain after it’s decommissioned. “There will still be buildings there,” she said. “There will still be components of some of the old structure there that may likely remain.”

 

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Doug Ford's New Stance on Wind Power in Ontario

Ontario Wind Power Policy Shift signals renewed investment in renewable energy, wind farms, and grid resilience, aligning with climate goals, lower electricity costs, job creation, and turbine technology for cleaner, diversified power.

 

Key Points

A provincial pivot to expand wind energy, meet climate goals, lower costs, and boost jobs across Ontario’s power system.

✅ Diversifies Ontario's grid with scalable renewable capacity.

✅ Targets emissions cuts while stabilizing electricity prices.

✅ Spurs rural investment, supply chains, and skilled jobs.

 

Ontario’s energy landscape is undergoing a significant transformation as Premier Doug Ford makes a notable shift in his approach to wind power. This change represents a strategic pivot in the province’s energy policy, potentially altering the future of Ontario’s power generation, environmental goals, and economic prospects.

The Backdrop: Ford’s Initial Stance on Wind Power

When Doug Ford first assumed the role of Premier in 2018, his administration was marked by a strong stance against renewable energy projects, including wind power, with Ford later saying he was proud of tearing up contracts as part of this shift. Ford’s government inherited a legacy of ambitious renewable energy commitments from the previous Liberal administration under Kathleen Wynne, which had invested heavily in wind and solar energy. The Ford government, however, was critical of these initiatives, arguing that they resulted in high energy costs and a surplus of power that was not always needed.

In 2019, Ford’s government began rolling back several renewable energy projects, including wind farms, and was soon tested by the Cornwall wind farm ruling that scrutinized a cancellation. This move was driven by a promise to reduce electricity bills and cut what was perceived as wasteful spending on green energy. The cancellation of several wind projects led to frustration among environmental advocates and the renewable energy sector, who viewed the decision as a setback for Ontario’s climate goals.

The Shift: Embracing Wind Power

Fast forward to 2024, and Premier Ford’s administration is taking a markedly different approach. The recent policy shift, which moves to reintroduce renewable projects, indicates a newfound openness to wind power, reflecting a broader acknowledgment of the changing dynamics in energy needs and environmental priorities.

Several factors appear to have influenced this shift:

  1. Rising Energy Demands and Climate Goals: Ontario’s growing energy demands, coupled with the pressing need to address climate change, have necessitated a reevaluation of the province’s energy strategy. As Canada commits to reducing greenhouse gas emissions and transitioning to cleaner energy sources, wind power is increasingly seen as a crucial component of this strategy. Ford’s change in direction aligns with these national and global goals.

  2. Economic Considerations: The economic landscape has also evolved since Ford’s initial opposition to wind power. The cost of wind energy has decreased significantly over the past few years, making it a more competitive and viable option compared to traditional energy sources, as competitive wind power gains momentum in markets worldwide. Additionally, the wind energy sector promises substantial job creation and economic benefits, which are appealing in the context of post-pandemic recovery and economic growth.

  3. Public Opinion and Pressure: Public opinion and advocacy groups have played a role in shaping policy. There has been a growing demand from Ontarians for more sustainable and environmentally friendly energy solutions. The Ford administration has been responsive to these concerns, recognizing the importance of addressing public and environmental pressures.

  4. Technological Advancements: Advances in wind turbine technology have improved efficiency and reduced the impact on wildlife and local communities. Modern wind farms are less intrusive and more effective, addressing some of the concerns that were previously associated with wind power.

Implications of the Policy Shift

The implications of Ford’s shift towards wind power are far-reaching. Here are some key areas affected by this change:

  1. Energy Portfolio Diversification: By reembracing wind power, Ontario will diversify its energy portfolio, reducing its reliance on fossil fuels and increasing the proportion of renewable energy in the mix. This shift will contribute to a more resilient and sustainable energy system.

  2. Environmental Impact: Increased investment in wind power will contribute to Ontario’s efforts to combat climate change. Wind energy is a clean, renewable source that produces no greenhouse gas emissions during operation. This aligns with broader environmental goals and helps mitigate the impact of climate change.

  3. Economic Growth and Job Creation: The wind power sector has the potential to drive significant economic growth and create jobs. Investments in wind farms and associated infrastructure can stimulate local economies, particularly in rural areas where many wind farms are located.

  4. Energy Prices: While the initial shift away from wind power was partly motivated by concerns about high energy costs, including exposure to costly cancellation fees in some cases, the decreasing cost of wind energy could help stabilize or even lower electricity prices in the long term. As wind power becomes a larger component of Ontario’s energy supply, it could contribute to a more stable and affordable energy market.

Moving Forward: Challenges and Opportunities

Despite the positive aspects of this policy shift, there are challenges to consider, and other provinces have faced setbacks such as the Alberta wind farm scrapped by TransAlta that illustrate potential hurdles. Integrating wind power into the existing grid requires careful planning and investment in grid infrastructure. Additionally, addressing local concerns about wind farms, such as their impact on landscapes and wildlife, will be crucial to gaining broader acceptance.

Overall, Doug Ford’s shift towards wind power represents a significant and strategic change in Ontario’s energy policy. It reflects a broader understanding of the evolving energy landscape and the need for a sustainable and economically viable energy future. As the province navigates this new direction, the success of this policy will depend on effective implementation, ongoing stakeholder engagement, and a commitment to balancing environmental, economic, and social considerations, even as the electricity future debate continues among party leaders.

 

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Cheap oil contagion is clear and present danger to Canada

Canada Oil Recession Outlook analyzes the Russia-Saudi price war, OPEC discord, COVID-19 demand shock, WTI and WCS collapse, Alberta oilsands exposure, U.S. shale stress, and GDP risks from blockades and fiscal responses.

 

Key Points

An outlook on how the oil price war and COVID-19 demand shock could tip Canada into recession and strain producers.

✅ WTI and WCS prices plunge on OPEC-Russia discord

✅ Alberta oilsands face break-even pressure near 30 USD WTI

✅ RBC flags global recession; GDP hit from blockades, virus

 

A war between Russia and Saudi Arabia for market share for oil may have been triggered by the COVID-19 pandemic in China, but the oil price crash contagion that it will spread could have impacts that last longer than the virus.

The prospects for Canada are not good.

Plunging oil prices, reduced economic activity from virus containment, and the fallout from weeks of railway blockades over the Coastal GasLink pipeline all add up to “a one-two-three punch that I think is almost inevitably going to put Canada in a position where its growth has to be negative,” said Dan McTeague, a former Liberal MP and current president of Canadians for Affordable Energy. The situation “certainly has the makings” of a recession, said Ken Peacock, chief economist for the Business Council of British Columbia.

“At a minimum, it’s going to be very disruptive and we’re going to have maybe one negative quarter,” Peacock said. “Whether there’s a second one, where it gets labeled a recession, is a different question. But it’s going to generate some turmoil and challenges over the next two quarters – there’s no doubt about that.”

RBC Economics on March 13 announced it now predicts a global recession and cut its growth projections for Canada's economy in 2020 by half a per cent.

Oil price futures plunged 30% last week, dragging stock markets and currencies, including the Canadian dollar, down with them, even as a deep freeze strained U.S. energy systems. That drop came on top of a 17% decline in February, due to falling demand for oil due to the virus.

The latest price plunge – the worst since the 1991 Gulf War – was the result of Russia and the Organization of Petroleum Exporting Countries (OPEC), led by Saudi Arabia, failing to agree on oil production cuts.

The COVID-19 outbreak in China – the world’s second-largest oil consumer – had resulted in a dramatic drop in oil demand in that country, and a sudden glut of oil, with the U.S. energy crisis affecting electricity, gas and EV markets.

OPEC has historically been able to moderate global oil prices by controlling output. But when Russia refused to co-operate with OPEC and agree to production cuts, Saudi Arabia’s state-owned company, Aramco, announced it plans to boost its oil output from 9.7 million barrels per day (bpd) to 12.3 million bpd in April.

In response to that announcement, West Texas Intermediate (WTI) prices dropped 18% to below US$34 per barrel while the Canadian Crude Index fell 24% to US$21. Western Canadian Select dropped 39% to US$15.73.

The effect on Alberta oilsands producers was severe and immediate. Cenovus Energy Inc. (TSX:CVE) saw roughly $2 billion in market cap erased on March 9, when its stock dropped by 52%, which came on top of a 12% drop March 6.

The company responded the very next day by announcing it would cut spending by 32% in 2020, suspend its oil-by-rail program and defer expansion projects.

MEG Energy Corp. (TSX:MEG), which suffered a 56% share price drop on March 9, also announced a 20% reduction in its 2020 capital spending plan.

Peter Tertzakian, chief economist for ARC Energy Research Institute, wrote last week that Russia’s plan is to try to hurt U.S. shale oil producers, who have more than doubled U.S. oil production over the past decade.

Anas Alhajji, a global oil analyst, expects that plan could work. Even before the oil price shock, he had predicted the great shale boom in the U.S. was coming to an end.

“Shale production will decline, and the myth of ‘explosive growth’ will end,” he told Business in Vancouver. “The impact is global and Canadian producers might suffer even more if the oil that Saudi Arabia sends to the U.S. is medium and heavy. This might last longer than what people think.”

The question for Alberta is how Canadian producers can continue to operate through a period of cheap oil. Alberta producers do not compete on the global market. They serve a niche market of U.S. heavy oil refiners, and Biden-era policy is seen as potentially more favourable for Canada’s energy sector than alternatives.

“On the positive side, the industry is battle-hardened,” Tertzakian wrote. “Over the past five years, innovative companies have already learned to endure some of the lowest prices in the world.”

But he added that they need WTI prices of US$30 per barrel just to break even.

“But that’s an average break-even threshold for an industry with a wide variation in costs. That means at that level about half the companies can’t pay their bills and half are treading water.”

Just prior to the oil price plunge, the International Energy Agency (IEA) updated its 2020 forecast for global oil consumption from an 825,000 bpd increase in oil consumption to a 90,000 bpd decrease, due to the COVID-19 virus and consequent economic contraction and reduction in travel.

The IEA predicts global oil demand won’t return to “normal” until the second half of 2020. But even if demand does return to pre-virus levels, that doesn’t mean oil prices will – not if Saudi Arabia can sustain increased oil production at low prices, and evolving clean grid priorities could influence the trajectory too.

The oil plunge was greeted in Alberta with alarm. Alberta Premier Jason Kenney warned Alberta is in “uncharted territory” as consumers are urged to lock in rates and said his government might have to review its balanced budget and resort to emergency deficit spending.

While British Columbians – who pay some of the highest gasoline prices in North America – will enjoy lower gasoline prices at a time when prices are usually starting a seasonal spike, B.C.’s economy could feel knock-on effects from a recession in Alberta.

“We sell a lot of inputs, do a lot of trade with Alberta, so it’s important for B.C., Alberta’s economic health,” Peacock said, “and recent tensions over electricity purchase talks underscore that.”

Last week, the Trudeau government announced $1 billion in emergency funding to cope with the virus and waived a one-week waiting period for unemployment insurance.

 

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Ford's Washington Meeting: Energy Tariffs and Trade Tensions with U.S

Ontario-U.S. Energy Tariff Dispute highlights cross-border trade tensions, retaliatory tariffs, export surcharges, and White House negotiations as Doug Ford meets U.S. officials to de-escalate pressure over steel, aluminum, and energy supplies.

 

Key Points

A trade standoff over energy exports and tariffs, sparked by Ontario's surcharge and U.S. duties on steel and aluminum.

✅ 25% Ontario energy surcharge paused before White House talks

✅ U.S. steel and aluminum tariffs reduced from 50% to 25%

✅ Potential energy supply cutoff remains leverage in negotiations

 

Ontario Premier Doug Ford's recent high-stakes diplomatic trip to Washington, D.C., underscores the delicate trade tensions between Canada and the United States, particularly concerning energy exports and Canada's electricity exports across the border. Ford's potential use of tariffs or even halting U.S. energy supplies, amid Ontario's energy independence considerations, remains a powerful leverage tool, one that could either de-escalate or intensify the ongoing trade conflict between the two neighboring nations.

The meeting in Washington follows a turbulent series of events that began with Ontario's imposition of a 25% surcharge on energy exports to the U.S. This move came in retaliation to what Ontario perceived as unfair treatment in trade agreements, a step that aligned with Canadian support for tariffs at the time. In response, U.S. President Donald Trump's administration threatened its own set of tariffs, specifically targeting Canadian steel and aluminum, which further escalated tensions. U.S. officials labeled Ford's threat to cut off U.S. electricity exports and energy supplies as "egregious and insulting," warning of significant economic retaliation.

However, shortly after these heated exchanges, Trump’s commerce secretary, Howard Lutnick, extended an invitation to Ford for a direct meeting at the White House. Ford described this gesture as an "olive branch," signaling a potential de-escalation of the dispute. In the lead-up to this diplomatic encounter, Ford agreed to pause the energy surcharge, allowing the meeting to proceed, amid concerns tariffs could spike NY energy prices, without further escalating the crisis. Trump's administration responded by lowering its proposed 50% tariff on Canadian steel and aluminum to a more manageable 25%.

The outcome of the meeting, which is set to address these critical issues, could have lasting implications for trade relations between Canada and the U.S. If Ford and Lutnick can reach an agreement, the potential for tariff imposition on energy exports, though experts advise against cutting Quebec's energy exports due to broader risks, could be resolved. However, if the talks fail, it is likely that both countries could face further retaliatory measures, compounding the economic strain on both sides.

As Canada and the U.S. continue to navigate these complex issues, where support for Canadian energy projects has risen, the outcome of Ford's meeting with Lutnick will be closely watched, as it could either defuse the tensions or set the stage for a prolonged trade battle.

 

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Southern California Edison Faces Lawsuits Over Role in California Wildfires

SCE Wildfire Lawsuits allege utility equipment and power lines sparked deadly Los Angeles blazes; investigations, inverse condemnation, and stricter utility regulations focus on liability, vegetation management, and wildfire safety amid Santa Ana winds.

 

Key Points

Residents sue SCE, alleging power lines ignited LA wildfires; seeking compensation under inverse condemnation.

✅ Videos cited show sparking lines near alleged ignition points.

✅ SCE denies wrongdoing; probes and inspections ongoing.

✅ Inverse condemnation may apply regardless of negligence.

 

In the aftermath of devastating wildfires in Los Angeles, residents have initiated legal action, similar to other mega-fire lawsuits underway in California, against Southern California Edison (SCE), alleging that the utility's equipment was responsible for sparking one of the most destructive fires. The fires have resulted in significant loss of life and property, prompting investigations into the causes and accountability of the involved parties.

The Fires and Their Impact

In early January 2025, Los Angeles experienced severe wildfires that ravaged neighborhoods, leading to the loss of at least 29 lives and the destruction of approximately 155 square kilometers of land. Areas such as Pacific Palisades and Altadena were among the hardest hit. The fires were exacerbated by arid conditions and strong Santa Ana winds, which contributed to their rapid spread and intensity.

Allegations Against Southern California Edison

Residents have filed lawsuits against SCE, asserting that the utility's equipment, particularly power lines, ignited the fires. Some plaintiffs have presented videos they claim show sparking power lines in the vicinity of the fire's origin. These legal actions seek to hold SCE accountable for the damages incurred, including property loss, personal injury, and emotional distress.

SCE's Response and Legal Context

Southern California Edison has denied any wrongdoing, stating that it has not detected any anomalies in its equipment that could have led to the fires. The utility has pledged to cooperate fully with investigations to determine the causes of the fires. California's legal framework, particularly the doctrine of "inverse condemnation," allows property owners to seek compensation from utilities for damages caused by public services, even without proof of negligence. This legal principle has been central in previous cases involving utility companies and wildfire damages, and similar allegations have arisen in other jurisdictions, such as an alleged faulty transformer case, highlighting shared risks.

Historical Context and Precedents

This situation is not unprecedented. In 2018, Pacific Gas and Electric (PG&E) faced similar allegations when its equipment was implicated in the Camp Fire, the deadliest wildfire in California's history. PG&E's equipment was found to have ignited the fire, and the company later pleaded guilty in the Camp Fire, leading to extensive litigation and financial repercussions for the company, while its bankruptcy plan won support from wildfire victims during restructuring. The case highlighted the significant risks utilities face regarding wildfire safety and the importance of maintaining infrastructure to prevent such disasters.

Implications for California's Utility Regulations

The current lawsuits against SCE underscore the ongoing challenges California faces in balancing utility operations with wildfire prevention, as regulators face calls for action amid rising electricity bills. The state has implemented stricter regulations and oversight, and lawmakers have moved to crack down on utility spending to mitigate wildfire risks associated with utility infrastructure. Utilities are now required to invest in enhanced safety measures, including equipment inspections, vegetation management, and the implementation of advanced technologies to detect and prevent potential fire hazards. These regulatory changes aim to reduce the incidence of utility-related wildfires and protect communities from future disasters.

The legal actions against Southern California Edison reflect the complex interplay between utility operations, public safety, and environmental stewardship. As investigations continue, the outcomes of these lawsuits may influence future policies and practices concerning utility infrastructure and wildfire prevention in California. The state remains committed to enhancing safety measures to protect its residents and natural resources from the devastating effects of wildfires.

 

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National Steel Car appealing decision in legal challenge of Ontario electricity fee it calls an unconstitutional tax

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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