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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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BC Hydro Rate Freeze Rejection details the BCUC decision enabling a 3% rate increase, citing revenue requirements, debt, and capital costs, affecting electricity bills, with NDP government proposing lifeline rates and low-income relief.

Key Points

It is the BCUC ruling allowing a 3% BC Hydro rate hike, citing cost recovery, debt, and capital needs.

✅ BCUC rejects freeze; 3% increase proceeds April 1, 2018

✅ Rationale: cost recovery, debt, capital expenditures

✅ Relief: lifeline rate, $600 grants, winter payment plan

The B.C. Utilities Commission has rejected a request by the provincial government to freeze rates at BC Hydro for the coming year, meaning a pending rate increase of three percent will come into effect as higher BC Hydro rates on April 1, 2018.

BC Hydro had asked for the three per cent increase, aligning with a rate increase proposal that would add about $2 a month, but, last year, Energy Minister Michelle Mungall directed the Crown corporation to resubmit its request in order to meet an NDP election promise.

"After years of escalating electricity costs, British Columbians deserve a break on their bills," she said at the time.

However, the utilities commission found there was "insufficient regulatory justification to approve the zero per cent rate increase."

"Even these increases do not fully recover B.C. Hydro's forecast revenue requirement, which includes items such as operating costs, new capital expenditures and carrying costs on capital expenditures," the commission wrote in a news release.

Mungall said she was disappointed by the decision.

"We were always clear we were going to the BCUC. We need to respect the role the BCUC has here for the ratepayers and for the public. I'm very disappointed obviously with their decision."

Mungall blamed the previous government for leaving BC Hydro in a financial state where a rate freeze was ultimately not possible.

Last month, Moody's Investors Service calculated BC Hydro's total debt at $22 billion and said it was one of the province's two credit challenges going forward.

"There's quite a financial mess that is a B.C. Liberal legacy after 16 years of government. We have the responsibility as a new government to clean that up."

B.C. Liberal leader Andrew Wilkinson said it was an example of the new government not living up to its campaign promises.

"British Columbians, particularly those on fixed incomes, believed the B.C. NDP when they promised a freeze on hydro bills. They planned accordingly and are now left in the lurch and face higher expenses. This is a government that stumbles into messes that cost all of us because they put rhetoric ahead of planning," he said.

Help on the way?

With the freeze being rejected, Mungall said the government would be going forward on other initiatives to help low-income ratepayers, as advocates' call for change after a fund surplus, including:

Legislating a "lifeline rate" program, allowing people with "demonstrated need" to apply for a lower rate for electricity.

Starting in May, providing an emergency grant of $600 for customers who have an outstanding BC Hydro bill.

Hydro's annual winter payment plan also allows people the chance to spread the payment of bills from December to February out over six months, and, with a two-year rate increase on the horizon, a new pilot program to help people paying their bills begins in July.

Mungall couldn't say whether the government would apply for rate freezes in the future.

"I don't have a crystal ball, and can't predict what might happen in two or three years from now, but we need to act swiftly now," she said.

"I appreciate the [BCUC's] rationale, I understand it, and we'll be moving forward with other alternatives for making life more affordable."

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EV Subsidies in Canada influence greenhouse-gas emissions based on electricity grid mix; in Ontario and Quebec they reduce pollution, while fossil-fuel grids blunt benefits. Compare costs per tonne with carbon tax and renewable energy policies.

Key Points

Government rebates for electric vehicles, whose emissions impact and cost-effectiveness depend on provincial grid mix.

✅ Impact varies by grid emissions; clean hydro-nuclear cuts CO2.

✅ MEI estimates up to $523 per tonne vs $50 carbon price.

✅ Best value: tax carbon; target renewables, efficiency, hybrids.

Bad ideas sometimes look better, and sell better, than good ones – as with the proclaimed electric-car revolution that policymakers tout today. Not always, or else Canada wouldn’t be the mostly well-run place that it is. But sometimes politicians embrace a less-than-best policy – because its attractive appearance may make it more likely to win the popularity contest, right now, even though it will fail in the long run.

The most seasoned political advisers know it. Pollsters too. Voters, in contrast, don’t know what they don’t know, which is why bad policy often triumphs. At first glance, the wrong sometimes looks like it must be right, while better and best give the appearance of being bad and worst.

This week, the Montreal Economic Institute put out a study on the costs and benefits of taxpayer subsidies for electric cars. They considered the logic of the huge amounts of money being offered to purchasers in the country’s two largest provinces. In Quebec, if you buy an electric vehicle, the government will give you up to $8,000; in Ontario, buying an electric car or truck entitles you to a cheque from the taxpayer of between $6,000 and $14,000. The subsidies are rich because the cars aren’t cheap.

Will putting more electric cars on the road lower greenhouse-gas emissions? Yes – in some provinces, where they can be better for the planet when the grid is clean. But it all depends on how a province generates electricity. In places like Alberta, Saskatchewan, Nova Scotia and Nunavut territory, where most electricity comes from burning fossil fuels, an electric car may actually generate more greenhouse gases than one running on traditional gasoline. The tailpipe of an electric vehicle may not have any emissions. But quite a lot of emissions may have been generated to produce the power that went to the socket that charged it.

A few years ago, University of Toronto engineering professor Christopher Kennedy estimated that electric cars are only less polluting than the gasoline vehicles they replace when the local electrical grid produces a good chunk of its power from renewable sources – thereby lowering emissions to less than roughly 600 tonnes of CO2 per gigawatt hour.

Unfortunately, the electricity-generating systems in lots of places – from India to China to many American states – are well above that threshold. In those jurisdictions, an electric car will be powered in whole or in large part by electricity created from the burning of a fossil fuel, such as coal. As a result, that car, though carrying the green monicker of “electric,” is likely to be more polluting than a less costly model with an internal combustion or hybrid engine.

The same goes for the Canadian juridictions mentioned above. Their electricity is dirtier, so operating an electric car there won’t be very green. Alberta, for example, is aiming to generate 30 per cent of its electricity from renewable sources by 2030 – which means that the other 70 per cent of its electricity will still come from fossil fuels. (Today, the figure is even higher.) An Albertan trading in a gasoline car for an electric vehicle is making a statement – just not the one he or she likely has in mind.

In Ontario and Quebec, however, most electricity is generated from non-polluting sources, even though Canada still produced 18% from fossil fuels in 2019 overall. Nearly all of Quebec’s power comes from hydro, and more than 90 per cent of Ontario’s electricity is from zero-emission generation, mainly hydro and nuclear. British Columbia, Manitoba and Newfoundland and Labrador also produce the bulk of their electricity from hydro. Electric cars in those provinces, powered as they are by mostly clean electricity, should reduce emissions, relative to gas-powered cars.

But here’s the rub: Electric cars are currently expensive, and, as a recent survey shows, consequently not all that popular. Ontario and Quebec introduced those big subsidies in an attempt to get people to buy them. Those subsidies will surely put more electric cars on the road and in the driveways of (mostly wealthy) people. It will be a very visible policy – hey, look at all those electrics on the highway and at the mall!

However, that result will be achieved at great cost. According to the MEI, for Ontario to reach its goal of electrics constituting 5 per cent of new vehicles sold, the province will have to dish out up to $8.6-billion in subsidies over the next 13 years.

And the environmental benefits achieved? Again, according to the MEI estimate, that huge sum will lower the province’s greenhouse-gas emissions by just 2.4 per cent. If the MEI’s estimate is right, that’s far too many bucks for far too small an environmental bang.

Here’s another way to look at it: How much does it cost to reduce greenhouse-gas emissions by other means? Well, B.C.’s current carbon tax is $30 a tonne, or a little less than 7 cents on a litre of gasoline. It has caused GHG emissions per unit of GDP to fall in small but meaningful ways, thanks to consumers and businesses making millions of little, unspectacular decisions to reduce their energy costs. The federal government wants all provinces to impose a cost equivalent to $50 a tonne – and every economic model says that extra cost will make a dent in greenhouse-gas emissions, though in ways that will not involve politicians getting to cut any ribbons or hold parades.

What’s the effective cost of Ontario’s subsidy for electric cars? The MEI pegs it at $523 per tonne. Yes, that subsidy will lower emissions. It just does so in what appears to be the most expensive and inefficient way possible, rather than the cheapest way, namely a simple, boring and mildly painful carbon tax.

Electric vehicles are an amazing technology. But they’ve also become a way of expressing something that’s come to be known as “virtue signalling.” A government that wants to look green sees logic in throwing money at such an obvious, on-brand symbol, or touting a 2035 EV mandate as evidence of ambition. But the result is an off-target policy – and a signal that is mostly noise.

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Sustainable Cannabis Cultivation leverages greenhouse design, renewable energy, automation, and water recapture to cut electricity use, emissions, and pesticides, delivering premium yields with natural light, smart sensors, and efficient HVAC and irrigation control.

Key Points

A data-driven, low-impact method that cuts energy, water, and chemicals while preserving premium yields.

✅ 70-90% less electricity vs. conventional indoor grows

✅ Natural light, solar, and rainwater recapture reduce footprint

✅ Automation, sensors, and HVAC stabilize microclimates

In the seven months since the Trudeau government legalized recreational marijuana use, licensed producers across the country have been locked in a frenetic race to grow mass quantities of cannabis for the new market.

But amid the rush for scale, questions of sustainability have often taken a back seat, and in Canada, solar adoption has lagged in key sectors.

According to EQ Research LLC, a U.S.-based clean-energy consulting firm, cannabis facilities can need up to 150 kilowatt-hours of electricity per year per square foot. Such input is on par with data centres, which are themselves 50 to 200 times more energy-intensive than a typical office building, and achieving zero-emission electricity by 2035 would help mitigate the associated footprint.

At the Lawrence Berkley National Laboratory in California, a senior scientist estimated that one per cent of U.S. electricity use came from grow ops. The same research — published in 2012 — also found that the procedures for refining a kilogram of weed emit around 4,600 kilograms of carbon dioxide to the atmosphere, equivalent to operating three million cars for a year, though a shift to zero-emissions electricity by 2035 could substantially cut those emissions.

“All factors considered, a very large expenditure of energy and consequent ‘environmental imprint’ is associated with the indoor cultivation of marijuana,” wrote Ernie Small, a principal research scientist for Agriculture and Agri-Food Canada, in the 2018 edition of the Biodiversity Journal.

Those issues have left some turning to technology to try to reduce the industry’s footprint — and the economic costs that come with it — even as more energy sources make better projects for forward-looking developers.

“The core drawback of most greenhouse environments is that you’re just getting large rooms, which are harder to control,” says Dan Sutton, the chief executive officer of Tantalus Labs., a B.C.-based cannabis producer. “What we did was build a system specifically for cannabis.”

Sutton is referring to SunLab, the culmination of four years of construction, and at present the main site where his company nurtures rows of the flowering plant. The 120,000-square foot structure was engineered for one purpose: to prove the merits of a sustainable approach.

“We’re actually taking time-series data on 30 different environmental parameters — really simple ones like temperature and humidity — all the way down to pH of the soil and water flow,” says Sutton. “So if the temperature gets a little too cold, the system recognizes that and kicks on heaters, and if the system senses that the environment is too hot in the summertime, then it automatically vents.”

A lot is achieved without requiring much human intervention, he adds. Unlike conventional indoor operations, SunLab demands up to 90 per cent less electricity, avoids using pesticides, and draws from natural light and recaptured rainwater to feed its crops.

The liquid passes through a triple-filtration process before it is pumped into drip irrigation tubing. “That allows us to deliver a purity of water input that is cleaner than bottled water,” says Sutton.

As transpiration occurs, a state-of-the-art, high-capacity airflow suspended below the ceiling cycles air at seven-minute intervals, repeatedly cooling the air and preventing outbreaks of mould, while genetically modified “guardian” insects swoop in to eliminate predatory pests.

“When we first started, people never believed we would cultivate premium quality cannabis or cannabis that belongs on the top shelf, shoulder to shoulder with the best in the world and the best of indoor,” says Sutton.

Challenges still exist, but they pale in comparison to the obstacles that American companies with an interest in adopting greener solutions persistently face, and in provinces like Alberta, an Alberta renewable energy surge is reshaping the opportunity set.

Although cannabis is legal in a number of states, it remains illegal federally, which means access to capital and regulatory clarity south of the border can be difficult to come by.

“Right now getting a new project built is expensive to do because you can’t get traditional bank loans,” says Canndescent CEO Adrian Sedlin, speaking by phone from California.

In retrofitting the company’s farm to accommodate a sizeable solar field, he struggled to secure investors, even as a solar-powered cannabis facility in Edmonton showcased similar potential.

“We spent over a year and a half trying to get it financed,” says Sedlin. “Finding someone was the hard part.”

Decriminalizing the drug would ultimately increase the supply of capital and lower the costs for innovative designs, something Sedlin says would help incentivize producers to switch to more effective and ecologically sound techniques.

Some analysts argue that selling renewable energy in Alberta could become a major growth avenue that benefits energy-intensive industries like cannabis cultivation.

Canndescent, however, is already there.

“We’re now harnessing the sun to reduce our reliance on fossil fuels and going to sustainable, or replenishable, energy sources, while leveraging the best and most efficient water practices,” says Sedlin. “It’s the right thing to do.”

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Florida Electricity Deregulation Ruling highlights the Florida Supreme Court decision blocking a ballot measure on retail choice, preserving utility monopolies for NextEra and Duke Energy, while similar deregulation efforts arise in Virginia and Arizona.

Key Points

A high court decision removing a retail choice ballot measure, keeping Florida utility monopolies intact for incumbents.

✅ Petition language deemed misleading for 2020 ballot

✅ Preserves NextEra and Duke Energy market dominance

✅ Similar retail choice pushes in VA and AZ

Florida’s top court ruled against a proposed constitutional amendment that would have allowed customers to pick their electricity provider, even as Florida solar incentives face rejection by state leaders, threatening monopolies held by utilities such as NextEra Energy Inc. and Duke Energy Corp.

In a ruling Thursday, the court said the petition’s language is “misleading” and doesn’t comply with requirements to be included on the 2020 ballot, reflecting debates over electricity pricing changes at the federal level. The measure’s sponsor, Citizens for Energy Choice, said the move ends the initiative, even as electricity future advocacy continues nationwide.

“While we were confident in our plan to gather the remaining signatures required, we cannot overcome this last obstacle,” the group’s chair, Alex Patton, noting ongoing energy freedom in the South efforts, said in a statement.

The proposed measure was one of several efforts underway to deregulate U.S. electricity markets, including New York’s review of retail energy markets this year. Earlier this week, two Virginia state lawmakers unveiled a bill to allow residents and businesses to pick their electricity provider, threatening Dominion Energy Inc.’s longstanding local monopoly. And in Arizona, where Arizona Public Service Co. has long reigned, regulators are considering a similar move, while in New England Hydro-Quebec’s export bid has been energized by a court decision.

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COVID-19 Solar Job Losses are erasing five years of workforce growth, SEIA reports, with U.S. installations and capacity down, layoffs accelerating, 3 GW expected in Q2, and policy support key for economic recovery.

Key Points

COVID-19 Solar Job Losses describe the pandemic-driven decline in U.S. solar employment, installations, and capacity.

✅ SEIA reports a 38% national drop in solar jobs

✅ Q2 installs projected at 3 GW, below forecasts

✅ Layoffs outpace U.S. economy without swift policy aid

Job losses associated with the COVID-19 crisis have wiped out the past five years of workforce growth in the solar energy field, according to a new industry analysis.

The expected June 2020 solar workforce of 188,000 people across the United States is 114,000 below the pre-pandemic forecast of 302,000 workers, a shortfall tied to the solar construction slowdown according to the Solar Energy Industries Association, which said in a statement Monday that the solar industry is now losing jobs at a faster rate than the U.S. economy.

In Massachusetts, the loss of 4,284 solar jobs represents a 52 percent decline from previous projections, according to the association’s analysis.

The national 38 percent drop in solar jobs coincides with a 37 percent decrease in expected solar installations in the second quarter of 2020, and similar pressures have put wind investments at risk across the sector, the association stated. The U.S. is now on track to install 3 gigawatts of new capacity this quarter, though subsequent forecasts anticipated solar and storage growth as investments returned, and the association said the decrease from the expected capacity is equivalent to the electricity needed to power 288,000 homes.

“Thousands of solar workers are being laid off each week, but with swift action from Congress, we know that solar can be a crucial part of our economic recovery,” with proposals such as the Biden solar plan offering a potential policy path, SEIA President and CEO Abigail Ross Hopper said in a statement, as recent analyses point to US solar and wind growth under supportive policies.

Subsequent data showed record U.S. panel shipments as the market rebounded.

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