Hydro Ottawa purchases Chaudière Falls hydroelectric assets

Alberta Renewable Energy Market is accelerating as wind and solar prices fall, corporate PPAs expand, and a deregulated, energy-only system, AESO outlooks, and TIER policy drive investment across the province.

Key Points

An open, energy-only Alberta market where wind and solar growth is driven by corporate PPAs, AESO outlooks, and TIER.

✅ Energy-only, deregulated grid enables private investment

✅ Corporate PPAs lower costs and hedge power price risk

✅ AESO forecasts and TIER policy support renewables

By Chris Varcoe, Calgary Herald

A few things are abundantly clear about the state of renewable energy in Alberta today.

First, the demise of Alberta’s Renewable Electricity Program (REP) under the UCP government isn’t going to see new projects come to a screeching halt.

In fact, new developments are already going ahead.

And industry experts believe private-sector companies that increasingly want to purchase wind or solar power are going to become a driving force behind even more projects in Alberta.

BluEarth Renewables CEO Grant Arnold, who spoke Wednesday at the Canadian Wind Energy Association conference, pointed out the sector is poised to keep building in the province, even with the end of the REP program that helped kick-start projects and triggered low power prices.

“The fundamentals here are, I think, quite fantastic — strong resource, which leads to really competitive wind prices . . . it’s now the cheapest form of new energy in the province,” he told the audience.

“Alberta is in a fundamentally good place to grow the wind power market.”

Unlike other provinces, Alberta has an open, deregulated marketplace, which create opportunities for private-sector investment and renewable power developers as well.

The recent decision by the Kenney government to stick with the energy-only market, instead of shifting to a capacity market, is seen as positive for Alberta's energy future by renewable electricity developers.

There is also increasing interest from corporations to buy wind and solar power from generators — a trend that has taken off in the United States with players such as Google, General Motors and Amazon — and that push is now emerging in Canada.

“It’s been really important in the U.S. for unlocking a lot of renewable energy development,” said Sara Hastings-Simon, founding director of the Business Renewable Centre Canada, which seeks to help corporate buyers source renewable energy directly from project developers.

“You have some companies where . . . it’s what their investors and customers are demanding. I think we will see in Alberta customers who see this as a good way to meet their carbon compliance requirements.

“And the third motivation to do it is you can get the power at a good price.”

Just last month, Perimeter Solar signed an agreement with TC Energy to supply the Calgary-based firm with 74 megawatts from its solar project near Claresholm.

More deals in the industry are being discussed, and it’s expected this shift will drive other projects forward.

There is increasing interest from corporations to buy solar and wind energy directly from generators.

“The single-biggest change has been the price of wind and solar,” Arnold said in an interview.

“Alberta looks really, really bright right now because we have an open market. All other provinces, for regulatory reasons, we can’t have this (deal) . . . between a generator and a corporate buyer of power. So Alberta has a great advantage there.”

These forces are emerging as the renewable energy industry has seen dramatic change in recent years in Alberta, with costs dropping and an array of wind and solar developments moving ahead, even as solar expansion faces challenges in the province.

The former NDP government had an aggressive target to see green energy sources make up 30 per cent of all electricity generation by 2030.

Last week, the Alberta Electric System Operator put out its long-term outlook, with its base-case scenario projecting moderate demand growth for power over the next two decades. However, the expected load growth — expanding by an average of 0.9 per cent annually until 2039 — is only half the rate seen in the past 20 years.

Natural gas will become the main generation source in the province as coal-fired power (now comprising more than one-third of generation) is phased out.

Renewable projects initiated under the former NDP government’s REP program will come online in the near term, while “additional unsubsidized renewable generation is expected to develop through competitive market mechanisms and support from corporate power purchase agreements,” the report states.

AESO forecasts installed generation capacity for renewables will almost double to about 19 per cent by 2030, with wind and solar increasing to 21 per cent by 2039.

Another key policy issue for the sector will likely come within the next few weeks when the provincial government introduces details of its new Technology Innovation and Emissions Reduction program (TIER).

The initiative will require large industrial emitters to reduce greenhouse gas emissions to a benchmark level, pay into the technology fund, or buy offsets or credits. The carbon price is expected to be around $20 to $30 a tonne, and the system will kick in on Jan. 1, 2020.

Industry players point out the decision to stick with Alberta’s energy-only market along with the details surrounding TIER, and a focus by government on reducing red tape, should all help the sector attract investment.

“It is pretty clear there is a path forward for renewables here in the province,” said Evan Wilson, regional director with the Canadian Wind Energy Association.

All of these factors are propelling the wind and solar sector forward in the province, at the same time the oil and gas sector faces challenges to grow.

But it doesn’t have to be an either/or choice for the province moving forward. We’re going to need many forms of energy in the coming decades, and Alberta is an energy powerhouse, with potential to develop more wind and solar, as well as oil and natural gas resources.

“What we see sometimes is the politics and discussion around renewables or oil becomes a deliberate attempt to polarize people,” Arnold added.

“What we are trying to show, in working in Alberta on renewable projects, is it doesn’t have to be polarizing. There are a lot of solutions.

“The combination of solutions is part of what we need to talk about.”

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Manitoba-Minnesota Transmission Project faces NEB certificate review, with public hearings, Indigenous consultation, and cross-border approval weighing permit vs certificate timelines, potential land expropriation, and Hydro's 2020 in-service date for the 308-MW intertie.

Key Points

A cross-border hydro line linking Manitoba and Minnesota, now under NEB review through a permit or certificate process.

✅ NEB recommends certificate with public hearings and cabinet approval

✅ Stakeholders cite land, health, and economic impacts along route

✅ Hydro targets May-June 2020 in-service despite review

A recommendation from the National Energy Board could push back the construction start date of a $453-million hydroelectric transmission line from Manitoba to Minnesota.

In a letter to federal Natural Resources Minister Jim Carr, the regulatory agency recommends using a "certificate" approval process, which could take more time than the simpler "permit" process Manitoba Hydro favours.

The certificate process involves public hearings, reflecting First Nations intervention seen in other power-line debates, to weigh the merits of the project, which would then go to the federal cabinet for approval.

The NEB says this process would allow for more procedural flexibility and "address Aboriginal concerns that may arise in the circumstances of this process."

The Manitoba-Minnesota Transmission Project would provide the final link in a chain that brings hydroelectricity from generating stations in northern Manitoba, through the Bipole III transmission line and, like the New England Clean Power Link project, across the U.S. border as part of a 308-megawatt deal with the Green Bay-based Wisconsin Public Service.

When Hydro filed its application in December 2016, it had expected to have approval by the end of August 2017 and to begin construction on the line in mid-December, in order to have the line in operation by May or June 2020.  

Groups representing stakeholders along the proposed route of the transmission line had mixed reactions to the energy board's recommendation.

A lawyer representing a coalition of more than 120 landowners in the Rural Municipality of Taché and around La Broquerie, Man., welcomed the opportunity to have a more "fulsome" discussion about the project.

"I think it's a positive step. As people become more familiar with the project, the deficiencies with it become more obvious," said Kevin Toyne, who represents the Southeast Stakeholders Coalition.

Toyne said some coalition members are worried that Hydro will forcibly expropriate land in order to build the line, while others are worried about potential economic and health impacts of having the line so close to their homes. They have proposed moving the line farther east.

When the Clean Environment Commission — an arm's-length provincial government agency — held public hearings on the proposed route earlier this year, the coalition brought their concerns forward, echoing Site C opposition voiced by northerners, but Toyne says both the commission and Hydro ignored them.

Hydro still aiming for 2020 in-service date

The Manitoba Métis Federation also participated in those public hearings. MMF president David Chartrand worries about the impact a possible delay, as seen with the Site C work halt tied to treaty rights, could have on revenue from sales of hydroelectric power to the U.S.

"I know that a lot of money, billions have been invested on this line. And if the connection line is not done, then of course this will be sitting here, not gaining any revenue, which will affect every Métis in this province, given our Hydro bill's going to go up," Chartrand said.The NEB letter to Minister Carr requests that he "determine this matter in an expedited manner."

Manitoba Hydro spokesperson Bruce Owen said in an email that the Crown corporation will participate in whatever process, permit or certificate, the NEB takes.

"Manitoba Hydro does not have any information at this point in time that would change the estimated in-service date (May-June 2020) for the Manitoba-Minnesota Transmission Project," he said.

The federal government "is currently reviewing the NEB's recommendation to designate the project as subject to a certificate, which would result in public hearings," said Alexandre Deslongchamps, a spokesperson for Carr.

"Under the National Energy Board Act, an international power line requires either the approval by the NEB through a permit or approval by the Government of Canada by a certificate. Both must be issued by the NEB," he wrote in an email to CBC News.

By law, the certificate process is not to take longer than 15 months.

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U.S. Utility Spending Shift highlights rising transmission and distribution costs, grid modernization, and smart meters, while generation expenses decline amid fuel price volatility, capital and labor pressures, and renewable integration across the power sector.

Key Points

A decade-long trend where utilities spend more on delivery and grid upgrades, and less on electricity generation costs.

✅ Delivery O&M, wires, poles, and meters drive rising costs

✅ Generation spending declines amid fuel price changes and PPI

✅ Grid upgrades add reliability, resilience, and renewable integration

Over the past decade, major utilities in the United States have been spending more on delivering electricity to customers and less on producing that electricity, a shift occurring as electricity demand is flat across many regions.

After adjusting for inflation, major utilities spent 2.6 cents per kilowatthour (kWh) on electricity delivery in 2010, using 2020 dollars. In comparison, spending on delivery was 65% higher in 2020 at 4.3 cents/kWh, and residential bills rose in 2022 as inflation persisted. Conversely, utility spending on power production decreased from 6.8 cents/kWh in 2010 (using 2020 dollars) to 4.6 cents/kWh in 2020.

Utility spending on electricity delivery includes the money spent to build, operate, and maintain the electric wires, poles, towers, and meters that make up the transmission and distribution system. In real 2020 dollar terms, spending on electricity delivery increased every year from 1998 to 2020 as utilities worked to replace aging equipment, build transmission infrastructure to accommodate new wind and solar generation amid clean energy transition challenges that affect costs, and install new technologies such as smart meters to increase the efficiency, reliability, resilience, and security of the U.S. power grid.

Spending on power production includes the money spent to build, operate, fuel, and maintain power plants, as well as the cost to purchase power in cases where the utility either does not own generators or does not generate enough to fulfill customer demand. Spending on electricity production includes the cost of fuels including natural gas prices alongside capital, labor, and building materials, as well as the type of generators being built.

Other utility spending on electricity includes general and administrative expenses, general infrastructure such as office space, and spending on intangible goods such as licenses and franchise fees, even as electricity sales declined in recent years.

The retail price of electricity reflects the cost to produce and deliver power, the rate of return on investment that regulated utilities are allowed, and profits for unregulated power suppliers, and, as electricity prices at 41-year high have been reported, these components have drawn increased scrutiny.

In 2021, demand for consumer goods and the energy needed to produce them has been outpacing supply, though power demand sliding in 2023 with milder weather has also been noted. This difference has contributed to higher prices for fuels used by electric generators, especially natural gas. The increased cost for fuel, capital, labor, and building materials, as seen in the U.S. Bureau of Labor Statistics’ Producer Price Index, is increasing the cost of power production for 2021. U.S. average electricity prices have been higher every month of this year compared with 2020, according to our Monthly Electric Power Industry Report.

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TTC Battery-Electric Buses lead Toronto transit toward zero-emission mobility, improving air quality and climate goals with sustainable operations, advanced charging infrastructure, lower maintenance, energy efficiency, and reliable public transportation across the Toronto Transit Commission network.

Key Points

TTC battery-electric buses are zero-emission vehicles improving quality, lowering costs, and providing efficient service.

✅ Zero tailpipe emissions improve urban air quality

✅ Lower maintenance and energy costs increase savings

✅ Charging infrastructure enables reliable operations

The Toronto Transit Commission (TTC) has embarked on an exciting new chapter in its commitment to sustainability with the introduction of battery-electric buses to its fleet. This strategic move not only highlights the TTC's dedication to reducing its environmental impact but also positions Toronto as a leader in the evolution of public transportation. As cities worldwide strive for greener solutions, the TTC’s initiative stands as a significant milestone toward a more sustainable urban future.

Embracing Green Technology

The decision to integrate battery-electric buses into Toronto's transit system aligns with a growing trend among urban centers to adopt cleaner, more efficient technologies, including Metro Vancouver electric buses now in service. With climate change posing urgent challenges, transit authorities are rethinking their operations to foster cleaner air and reduce greenhouse gas emissions. The TTC’s new fleet of battery-electric buses represents a proactive approach to addressing these concerns, aiming to create a cleaner, healthier environment for all Torontonians.

Battery-electric buses operate without producing tailpipe emissions, and deployments like Edmonton's first electric bus illustrate this shift, offering a stark contrast to traditional diesel-powered vehicles. This transition is crucial for improving air quality in urban areas, where transportation is a leading source of air pollution. By choosing electric options, the TTC not only enhances the city’s air quality but also contributes to the global effort to combat climate change.

Economic and Operational Advantages

Beyond environmental benefits, battery-electric buses present significant economic advantages. Although the initial investment for electric buses may be higher than that for conventional diesel buses, and broader adoption challenges persist, the long-term savings are substantial. Electric buses have lower operating costs due to reduced fuel expenses and less frequent maintenance requirements. The electric propulsion system generally involves fewer moving parts than traditional engines, resulting in lower overall maintenance costs and improved service reliability.

Moreover, the increased efficiency of electric buses translates into reduced energy consumption. Electric buses convert a larger proportion of energy from the grid into motion, minimizing waste and optimizing operational effectiveness. This not only benefits the TTC financially but also enhances the overall experience for riders by providing a more reliable and punctual service.

Infrastructure Development

To support the introduction of battery-electric buses, the TTC is also investing in necessary infrastructure upgrades, including the installation of charging stations throughout the city. These charging facilities are essential for ensuring that the electric fleet can operate smoothly and efficiently. By strategically placing charging stations at transit hubs and along bus routes, the TTC aims to create a seamless transition for both operators and riders.

This infrastructure development is critical not just for the operational capacity of the electric buses but also for fostering public confidence in this new technology, and consistent safety measures such as the TTC's winter safety policy on lithium-ion devices reinforce that trust. As the TTC rolls out these vehicles, clear communication regarding their operational logistics, including charging times and routes, will be essential to inform and engage the community.

Engaging the Community

The TTC is committed to engaging with Toronto’s diverse communities throughout the rollout of its battery-electric bus program. Community outreach initiatives will help educate residents about the benefits of electric transit, addressing any concerns and building public support, and will also discuss emerging alternatives like Mississauga fuel cell buses in the region. Informational campaigns, workshops, and public forums will provide opportunities for dialogue, allowing residents to voice their opinions and learn more about the technology.

This engagement is vital for ensuring that the transition is not just a top-down initiative but a collaborative effort that reflects the needs and interests of the community. By fostering a sense of ownership among residents, the TTC can cultivate support for its sustainable transit goals.

A Vision for the Future

The TTC’s introduction of battery-electric buses marks a transformative moment in Toronto’s public transit landscape. This initiative exemplifies the commission's broader vision of creating a more sustainable, efficient, and user-friendly transportation network. As the city continues to grow, the need for innovative solutions to urban mobility challenges becomes increasingly critical.

By embracing electric technology, the TTC is setting an example for other transit agencies across Canada and beyond, and piloting driverless EV shuttles locally underscores that leadership. This initiative is not just about introducing new vehicles; it is about reimagining public transportation in a way that prioritizes environmental responsibility and community engagement. As Toronto moves forward, the integration of battery-electric buses will play a crucial role in shaping a cleaner, greener future for urban transit, ultimately benefitting residents and the planet alike.

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Medicine Hat Smart Grid AI modernizes electricity distribution with automation, sensors, and demand response, enhancing energy efficiency and renewable integration while using predictive analytics and real-time data to reduce consumption and optimize grid operations.

Key Points

An initiative using smart grid tech and AI to optimize energy use, cut waste, and improve renewable integration.

✅ Predictive analytics forecast demand to balance load and prevent outages.

✅ Automation, sensors, and meters enable dynamic, resilient distribution.

✅ Integrates solar and wind with demand response to cut emissions.

The city of Medicine Hat, Alberta, is taking bold steps toward enhancing its energy infrastructure and reducing electricity consumption with the help of innovative technology. Recently, several grant winners have been selected to improve the city's electricity grid distribution and leverage artificial intelligence (AI) to adapt to electricity demands while optimizing energy use. These projects promise to not only streamline energy delivery but also contribute to more sustainable practices by reducing energy waste.

Advancing the Electricity Grid

Medicine Hat’s electricity grid is undergoing a significant transformation, thanks to a new set of initiatives funded by government grants that advance a smarter electricity infrastructure vision for the region. The city has long been known for its commitment to sustainable energy practices, and these new projects are part of that legacy. The winners of the grants aim to modernize the city’s electricity grid to make it more resilient, efficient, and adaptable to the changing demands of the future, aligning with macrogrid strategies adopted nationally.

At the core of these upgrades is the integration of smart grid technologies. A smart grid is a more advanced version of the traditional power grid, incorporating digital communications and real-time data to optimize the delivery and use of electricity. By connecting sensors, meters, and control systems across the grid, along with the integration of AI data centers where appropriate, the grid can detect and respond to changes in demand, adjust to faults or outages, and even integrate renewable energy sources more efficiently.

One of the key aspects of the grant-funded projects involves automating the grid. Automation allows for the dynamic adjustment of power distribution in response to changes in demand or supply, reducing the risk of blackouts or inefficiencies. For instance, if an area of the city experiences a surge in energy use, the grid can automatically reroute power from less-used areas or adjust the distribution to avoid overloading circuits. This kind of dynamic response is crucial for maintaining a stable and reliable electricity supply.

Moreover, the enhanced grid will be able to better incorporate renewable energy sources such as solar and wind power, reflecting British Columbia's clean-energy shift as well, which are increasingly important in Alberta’s energy mix. By utilizing a more flexible and responsive grid, Medicine Hat can make the most of renewable energy when it is available, reducing reliance on non-renewable sources.

Using AI to Reduce Energy Consumption

While improving the grid infrastructure is an essential first step, the real innovation comes in the form of using artificial intelligence (AI) to reduce energy consumption. Several of the grant winners are focused on developing AI-driven solutions that can predict energy demand patterns, optimize energy use in real-time, and encourage consumers to reduce unnecessary energy consumption.

AI can be used to analyze vast amounts of data from across the electricity grid, such as weather forecasts, historical energy usage, and real-time consumption data. This analysis can then be used to make predictions about future energy needs. For example, AI can predict when the demand for electricity will peak, allowing the grid operators to adjust supply ahead of time, ensuring a more efficient distribution of power. By predicting high-demand periods, AI can also assist in optimizing the use of renewable energy sources, ensuring that solar and wind power are utilized when they are most abundant.

In addition to grid management, AI can help consumers save energy by making smarter decisions about how and when to use electricity. For instance, AI-powered smart home devices can learn household routines and adjust heating, cooling, and appliance usage to reduce energy consumption without compromising comfort. By using data to optimize energy use, these technologies not only reduce costs for consumers but also decrease overall demand on the grid, leading to a more sustainable energy system.

The AI initiatives are also expected to assist businesses in reducing their carbon footprints. By using AI to monitor and optimize energy use, industrial and commercial enterprises can cut down on waste and reduce energy-related operational costs, while anticipating digital load growth signaled by an Alberta data centre agreement in the province. This has the potential to make Medicine Hat a more energy-efficient city, benefiting both residents and businesses alike.

A Sustainable Future

The integration of smart grid technology and AI-driven solutions is positioning Medicine Hat as a leader in sustainable energy practices. The city’s approach is focused not only on improving energy efficiency and reducing waste but also on making electricity consumption more manageable and adaptable in a rapidly changing world. These innovations are a crucial part of Medicine Hat's long-term strategy to reduce carbon emissions and meet climate goals while ensuring reliable and affordable energy for its residents.

In addition to the immediate benefits of these projects, the broader impact is likely to influence other municipalities across Canada, including insights from Toronto's electricity planning for rapid growth, and beyond. As the technology matures and proves successful, it could set a benchmark for other cities looking to modernize their energy grids and adopt sustainable, AI-driven solutions.

By investing in these forward-thinking technologies, Medicine Hat is not only future-proofing its energy infrastructure but also taking decisive steps toward a greener, more energy-efficient future. The collaboration between local government, technology providers, and the community marks a significant milestone in the city’s commitment to innovation and sustainability.

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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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