New England, eastern Canada consider power collaboration

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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Ontario Hydro Rate Relief Plan delivers short-term electricity bill cuts, while leaked cabinet forecasts show inflation-linked hikes, borrowing costs, and a Clean Energy Adjustment under the province's long-term energy plan.

Key Points

A provincial plan that cuts bills now but defers costs, projecting rate hikes and adding a Clean Energy Adjustment.

✅ 25% cut now, after 8% HST relief; extra 17% reduction applied.

✅ Forecast: inflation-linked hikes later; borrowing adds long-term costs.

✅ Clean Energy Adjustment line to repay deferred system costs.

The short-term gain of a 25 per cent hydro rate cut this summer could lead to long-term pain as a leaked cabinet document forecasts prices jumping again in five years.

In the briefing materials leaked and obtained by the Progressive Conservatives, rates will start rising 6.5 per cent a year in 2022 and top out at 10.5 per cent in 2028, when average monthly bills hit $215.

That would be up from $123 this year once the rate cut — the subject of long-awaited legislation to lower electricity rates unveiled Thursday by Energy Minister Glenn Thibeault — takes full effect. There will be another 17-per-cent cut in addition to the 8 per cent taken off bills in January when the provincial portion of the HST was waived.

The leaked papers overshadowed Thibeault’s efforts to tout the price break, which will be followed with four years of hydro rate increases at 2 per cent, roughly the rate of inflation.

Thibeault charged that the Conservatives used an “outdated” document to distract from the fact that they are the only major party without a plan for dealing with skyrocketing hydro rates, with a year to go until next June’s provincial election.

“It’s not a coincidence,” he told reporters, denying any plans for an eventual 10.5-per-cent rate hike and promising the government’s new long-term energy plan, due in a few months, will have better numbers.

“We are working hard right now to continue to pull costs out of the system.”

Opposition parties said the Liberal plan doesn’t deal with the underlying problems that have made electricity expensive and simply borrows money to spread the costs over a longer period of time, with $25 billion in interest charges over 30 years.

Some observers also noted that a deal with Quebec would not reduce hydro bills, highlighting concerns about lasting affordability.

“The price of electricity is going to skyrocket after the next election,” warned Conservative MPP Todd Smith (Prince Edward—Hastings).

“The government isn’t being honest with the people of Ontario when it comes to the price of electricity.”

The documents show average monthly bills peaking at $231 in the year 2047, before falling back to $210 the following year once the 30 years of interest payments are over.

Conservative sources say they obtained the papers stamped “confidential cabinet document” from a whistleblower after Thibeault’s rate cut plan was presented to cabinet ministers at a meeting in early March.

There is no date on the document, which the energy minister alternately dismissed as “inaccurate” or possibly one of many that have been prepared with different options in mind.

“We’ve had hundreds of briefings with hundreds of documents … I can’t comment on one graph when we’ve been looking at hundreds of scenarios.”

New Democrats, who have proposed a scheme to cut rates, if elected, also called the government plan an election ploy with Liberals lagging in the polls.

“We’re going to take on a huge debt so (Premier) Kathleen Wynne can look good on the hustings in the next few months, and for decades we’re going to pay for it,” said MPP Peter Tabuns (Toronto-Danforth).

Thibeault acknowledged the Liberal plan will start repaying borrowed money in the mid- or late 2020s and it will show up separately on hydro bills as the “Clean Energy Adjustment”, a kind of electricity recovery rate that could raise costs.

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Raindrop Triboelectric Energy Harvesting converts falling water into electricity using Teflon (PTFE) on indium tin oxide and an aluminum electrode, forming a transient water bridge; a low frequency nanogenerator for renewable, static electricity harvesting.

Key Points

A method using PTFE, ITO, and an aluminum electrode to turn raindrop impacts into low frequency electrical power.

✅ PTFE on ITO boosts charge transfer efficiency.

✅ Water bridge links electrodes for rapid discharge.

✅ Low frequency output suits continuous energy harvesting.

Scientists at the City University of Hong Kong have used a Teflon-coated surface and a phenomenon called triboelectricity to generate a charge from raindrops. “Here we develop a device to harvest energy from impinging water droplets by using an architecture that comprises a polytetrafluoroethylene [Teflon] film on an indium tin oxide substrate plus an aluminium electrode,” they explain in their new paper in Nature as a step toward cheap, abundant electricity in the long term.

Triboelectricity itself is an old concept. The word means “friction electricity”—from the Greek tribo, to rub or wear down, which is why a diatribe tires you out—and dates back a long, long time. Static electricity is the most famous kind of triboelectric, and related work has shown electricity from the night sky can be harvested as well in niche setups. In most naturally occurring kinds, scientists have studied triboelectric in order to avoid its effects, like explosions inside of grain silos or hospital workers touching off pure oxygen. (Blowing sand causes an electric field, and NASA even worries about static when astronauts eventually land on Mars.)

One of the most studied forms of intentional and useful triboelectric is in systems such as ocean wave generators where the natural friction of waves meets nanogenerators of triboelectric energy. These even already use Teflon, which has natural conductivity that makes it ideal for this job. But triboelectricity is chaotic, and harnessing it generally involves a bunch of complicated, intersecting variables that can vary with the hourly weather. Promises of static electricity charging devices have often been, well, so much hot, sandy wind.

The scientists at City University of Hong Kong used triboelectric ideas to turn falling raindrops into energy. They say previous versions of the same idea were not very efficient, with materials that didn’t allow for high-fidelity transfer of electrical charge. (Many sources of renewable energy aren’t yet as efficient to turn into power, both because of developing technology and because their renewability means even less efficient use could be better than, for example, fossil fuels, and advances in renewable energy storage could help.)

“[A]chieving a high density of electrical power generation is challenging,” the team explains in its paper. “Traditional hydraulic power generation mainly uses electromagnetic generators that are heavy, bulky, and become inefficient with low water supply.” Diversifying how power is generated by water sources such as oceans and rivers is good for the existing infrastructure as well as new installations.

The research team found that as simulated raindrops fell on their device, the way the water accumulated and spread created a link between their two electrodes, one Teflon-coated and the other aluminum. This watery de facto wire link closes the loop and allows accumulated energy to move through the system. Because it’s a mechanical setup, it’s not limited to salty seawater, and because the medium is already water, its potential isn’t affected by ambient humidity either.

Raindrop energy is very low frequency, which means this tech joins many other existing pushes to harvest continuously available, low frequency natural energy, including underwater 'kites' that exploit steady currents. To make an interface that increases “instantaneous power density by several orders of magnitude over equivalent devices,” as the researchers say they’ve done here, could represent a major step toward feasibility in triboelectric generation.

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Canada Clean Electricity drives a net-zero grid by 2035, scaling renewables like wind, solar, and hydro, with storage, smart grids, interprovincial transmission, and electrification of vehicles, buildings, and industry to cut emissions and costs.

Key Points

Canada Clean Electricity is a shift to a net-zero grid by 2035 using renewables, storage, and smart grids to decarbonize

✅ Doubles non-emitting generation for electrified transport and heating

✅ Expands wind, solar, hydro with storage and smart-grid balancing

✅ Builds interprovincial lines and faster permitting with Indigenous partners

By Merran Smith and Mark Zacharias

Canada is an electricity heavyweight. In addition to being the world’s sixth-largest electricity producer and third-largest electricity exporter in the global electricity market today, Canada can boast an electricity grid that is now 83 per cent emission-free, not to mention residential electricity rates that are the cheapest in the Group of Seven countries.

Indeed, on the face of it, the country’s clean electricity system appears poised for success. With an abundance of sunshine and blustery plains, Alberta and Saskatchewan, the Prairie provinces most often cited for wind and solar, have wind- and solar-power potential that rivals the best on the continent. Meanwhile, British Columbia, Manitoba, Quebec, and Newfoundland and Labrador have long excelled at generating low-cost hydro power.

So it would only be natural to assume that Canada, with this solid head start and its generous geography, is already positioned to provide enough affordable clean electricity to power our much-touted net-zero and economic ambitions.

But the reality is that Canada, like most countries, is not yet prepared for a world increasingly committed to carbon neutrality, in part because demand for solar electricity has lagged, even as overall momentum grows.

The federal government’s forthcoming Clean Electricity Standard – a policy promised by the governing Liberals during the most recent election campaign and restated for an international audience by Prime Minister Justin Trudeau at the United Nations’ COP26 climate summit – would require all electricity in the country to be net zero by 2035 nationwide, setting a new benchmark. But while that’s an encouraging start, it is by no means the end goal. Electrification – that is, hooking up our vehicles, heating systems and industry to a clean electricity grid – will require Canada to produce roughly twice as much non-emitting electricity as it does today in just under three decades.

This massive ramp-up in clean electricity will require significant investment from governments and utilities, along with their co-operation on measures and projects such as interprovincial power lines to build an electric, connected and clean system that can deliver benefits nationwide. It will require energy storage solutions, smart grids to balance supply and demand, and energy-efficient buildings and appliances to cut energy waste.

While Canada has mostly relied on large-scale hydroelectric and nuclear power in the past, newer sources of electricity such as solar, wind, geothermal, and biomass with carbon capture and storage will, in many cases, be the superior option going forward, thanks to the rapidly falling costs of such technology and shorter construction times. And yet Canada added less solar and wind generation in the past five years than all but three G20 countries – Indonesia, Russia and Saudi Arabia, with some experts calling it a solar power laggard in recent years. That will need to change, quickly.

In addition, Canada’s Constitution places electricity policy under provincial jurisdiction, which has produced a patchwork of electricity systems across the country that use different energy sources, regulatory models, and approaches to trade and collaboration. While this model has worked to date, given our low consumer rates and high power reliability, collaborative action and a cohesive vision will be needed – not just for a 100-per-cent clean grid by 2035, but for a net-zero-enabling one by 2050.

Right now, it takes too long to move a clean power project from the proposal stage to operation – and far too long if we hope to attain a clean grid by 2035 and a net-zero-enabling one by 2050. This means that federal, provincial, territorial and Indigenous governments must work with rural communities and industry stakeholders to accelerate the approvals, financing and construction of clean energy projects and provide investor certainty.

In doing so, Canada can set a course to carbon neutrality while driving job creation and economic competitiveness, a transition many analyses deem practical and profitable in the long run. Our closest trading partners and many of the world’s largest companies and investors are demanding cleaner goods. A clean grid underpins clean production, just as it underpins our climate goals.

The International Energy Agency estimates that, for the world to reach net zero by 2050, clean electricity generation worldwide must increase by more than 2.5 times between today and 2050. Countries are already plotting their energy pathways, and there is much to learn from each other.

Consider South Australia. The state currently gets 62 per cent of its electricity from wind and solar and, combined with grid-scale battery storage, has not lost a single hour of electricity in the past five years. South Australia expects 100 per cent of its electricity to come from renewable sources before 2030. An added bonus given today’s high energy prices: Annual household electricity costs have declined there by 303 Australian dollars ($276) since 2018.

The transition to clean energy is not about sacrificing our way of life – it’s about improving it. But we’ll need the power to make it happen. That work needs to start now.

Merran Smith is the executive director of Clean Energy Canada, a program at the Morris J. Wosk Centre for Dialogue at Simon Fraser University in Vancouver. Mark Zacharias is a special adviser at Clean Energy Canada and visiting professor at the Simon Fraser University School of Public Policy.

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Birtle Transmission Line connects Manitoba Hydro to SaskPower, enabling 215 MW of clean hydroelectricity, improving grid reliability, supporting affordable rates, and advancing Green Infrastructure goals under the Investing in Canada Plan across Manitoba and Saskatchewan.

Key Points

A 46 km line moving up to 215 MW from Manitoba Hydro to SaskPower, improving reliability and supplying cleaner power.

✅ Enables interprovincial grid tie between Manitoba and Saskatchewan

✅ Delivers up to 215 MW of renewable hydroelectricity

✅ Supports affordable rates and lower GHG emissions

The federal government announced funding for the Birtle Transmission Line Monday morning.

The project will help Manitoba Hydro build a transmission line from Birtle South Station in the Municipality of Prairie View to the Manitoba–Saskatchewan border 46 kilometres northwest. Once completed, the new line will allow up to 215 megawatts of hydroelectricity to flow from the Manitoba Hydro power grid to the SaskPower power grid, similar to the Great Northern Transmission Line connecting Manitoba and Minnesota today.

The government said the transmission line would create a more stable energy supply, keep energy rates affordable and help Saskatchewan's efforts to reduce cumulative greenhouse-gas emissions in that province.

"The Government of Canada is proud to be working with Manitoba to support projects that create jobs and improve people's lives across the province. The Birtle Transmission Line will provide the region with reliable and greener energy, as seen with Canadian hydropower to New York projects, that will help protect our environment while laying the groundwork for clean economic growth," said Jim Carr, member of Parliament for Winnipeg South Centre, on behalf of Catherine McKenna, minister of infrastructure and communities.

The Government of Canada is investing more than $18.7 million, and the government of Manitoba is contributing more than $42 million in this project through the Green Infrastructure Stream of the Investing in Canada Plan, which also supports Atlantic grid improvements nationwide.

"The Province of Manitoba has one of the cleanest electricity grids in Canada and the world with over 99 per cent of our electricity generated from clean, renewable sources, rooted in Manitoba's hydro history," said Central Services Minister Reg Helwer. "The Made-in-Manitoba Climate and Green Plan is good not only for Manitoba but for Canada and globally."

Jay Grewal, president, and CEO of Manitoba Hydro said the funding is a great example of co-operation between the provincial and federal governments, including investments in smart grid technology that modernize local networks.

"We are very pleased that Manitoba Hydro's Birtle Transmission Project is among the first projects to receive funding under the Canada Infrastructure Program, and we would like to thank both levels of governments for recognizing the importance of the project as we strengthen ties with our neighbours in Saskatchewan, as U.S.-Canada transmission approvals advance elsewhere," said Grewal.

A spokesperson for Manitoba Hydro said it’s too early to say how many jobs will be created during construction, as final contracts have not yet been awarded.

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Ontario Natural Gas Moratorium gains momentum as IESO weighs energy storage, renewables, and demand management to meet rising electricity demand, ensure grid reliability, and advance zero-emissions goals while long-term capacity procurements proceed.

Key Points

A proposed halt on new gas plants as IESO assesses storage and renewables to maintain reliability and cut emissions.

✅ Minister seeks interim IESO report by Oct. 7

✅ Near-term contracts extend existing gas plants for reliability

✅ Long-term procurements emphasize storage, renewables, conservation

Ontario's energy minister says he doesn't think the province needs any more natural gas generation and has asked the electricity system regulator to speed up a report exploring a moratorium.

Todd Smith had previously asked the Independent Electricity System Operator (IESO) to report back by November on the feasibility of a moratorium and a plan to get to zero emissions in the electricity sector.

He has asked them today for an interim report by Oct. 7 so he can make a decision on a moratorium before the IESO secures contracts over the long term for new power generation.

"I've asked the IESO to speed up that report back to us so that we can get the information from them as to what the results would be for our grid here in Ontario and whether or not we actually need more natural gas," Smith said Tuesday after question period.

"I don't believe that we do."

Smith said that is because of the "huge success" of two updates provided Tuesday by the IESO to its attempts to secure more electricity supply for both the near term and long term. Demand is growing by nearly two per cent a year, while Ontario is set to lose a significant amount of nuclear generation, including the planned shutdown of the Pickering nuclear station over the next few years.

'For the near term, we need them,' regulator says
The regulator today released a list of 55 qualified proponents for those long-term bids and while it says there is a significant amount of proposed energy storage projects on that list, there are some new gas plants on it as well.

Chuck Farmer, the vice-president of planning, conservation and resource adequacy at the IESO, said it's hoped that the minister makes a decision on whether or not to issue a moratorium on new gas generation before the regulator proceeds with a request for proposals for long-term contracts.

The IESO also announced six new contracts — largely natural gas, with a small amount of wind power and storage — to start in the next few years. Farmer noted that these contracts were specifically for existing generators whose contracts were ending, while the province is exploring new nuclear plants for the longer term.

"When you look at the pool of generation resources that were in that situation, the reality is most of them were actually natural gas plants, and that we are relying on the continued use of the natural gas plants in the transition," he said in an interview. 

"So for the near term, we need them for the reliability of the system."

The upcoming request for proposals for more long-term contracts hopes to secure 3,500 megawatts of capacity, as Ontario faces an electricity shortfall in the coming years, and Farmer said the IESO plans to run a series of procurements over the next few years.

Opposition slams reliance on natural gas
The NDP and Greens on Tuesday criticized Ontario's reliance in the near term on natural gas because of its environmental implications.

The IESO has said that due to natural gas, greenhouse gas emissions from the electricity sector are set to increase for the next two decades, but by about 2038 it projects the net reductions from electric vehicles will offset electricity sector emissions.

Green Party Leader Mike Schreiner said it makes no sense to ramp up natural gas, both for the climate and for people's wallets.

"The cost of wind and solar power is much lower than gas," he said.

Ontario quietly revises its plan for hitting climate change targets
"We're in a now-or-never moment to address the climate crisis and the government is failing to meet this moment."

Interim NDP Leader Peter Tabuns said Ontario wouldn't be in as much of a supply crunch if the Progressive Conservative government hadn't cancelled 750 green energy contracts during their first term.

The Tories argued the province didn't need the power and the contracts were driving up costs for ratepayers, amid debate over whether greening the grid would be affordable.

The IESO said it is also proposing expanding conservation and demand management programs, as a "highly cost-effective" way to reduce strain on the system, though it couldn't say exactly what is on the table until the minister accepts the recommendation.

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