Will electricity supplant natural gas?

By Toronto Star


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Natural gas is a cleaner fuel when compared to coal, but in the context of climate change, it's far from being our saviour. Once all of Ontario's coal plants are shut down – we're told by 2014 – then the next greenhouse gas emitter on the global warming hit list is, by default, natural gas.

"About 36 per cent of Toronto's carbon dioxide emissions come from natural gas," says Philip Jessup, executive director of the Toronto Atmospheric Fund.

It calls attention to our strategy of doubling natural gas plant capacity as part of the province's 20-year power system plan. It also puts the spotlight on "fuel-switching" – that is, ditching your electric stove in favour of natural gas, or getting rid of that electric resistance heating in favour of a natural gas-fired furnace.

Compared to electric heating, there's no disputing that natural gas is currently cheaper. But is it cleaner than electricity?

Not in Ontario. Not in Toronto. In fact, once all coal plants are shut down, a lion's share of the electricity in the province will come from nuclear, hydroelectric and wind power. That means using electricity to heat your home will result in far less greenhouse gas emissions than using a natural gas appliance.

So the question is, how do we make using electricity cheaper?

Duane Hallowell, 34, a former cryogenic engineer with the U.S. navy, is focused on this mission. He founded a company in Maine three years ago, called Hallowell International, aimed at getting households in northern U.S. and Canadian climates off of fossil fuels.

What he invented was a new kind of heat pump, which as a technology has existed for decades. The difference is that Hallowell's heat pump, called Acadia, was designed to work efficiently in temperatures as low as minus 30 degrees Celsius – that is, in Canadian winters.

"For the same amount of energy to heat a house with resistance heating, you could heat three homes with an Acadia," he says. "And that's a worst-case scenario."

There are typically two kinds of electrical heat pump systems – air-source and ground-source.

The latter is what we commonly know as low-temperature geothermal, which cools a building by extracting heat from inside and dumping it in the ground; or in reverse, heats a building by pulling heat out of the ground and releasing it inside.

Geothermal systems can run $25,000 to $35,000 for a residential retrofit, which is a tough bite to swallow even though the payback is much quicker than, say, solar power or small-wind systems. A big part of that cost is the need to drill holes in the ground and line it with tubing. Glycol or food-grade ethanol in the tubing acts as the energy carrier, exchanging heat between the ground and the building.

A ground-source system is more efficient than an air-source one. The temperature in the ground is more constant than the ambient air, so ground-source heat pumps don't have to work as hard.

But hurdles to their deployment remain. If the drilling or tube laying isn't done properly, or if the system isn't sized accurately for a home's cooling and heating needs, fixing it can be a nightmare.

These risks are falling, which is encouraging, and generous government incentives – $7,000 from Ottawa and the province combined – do help ease financial pain. But nagging "what if" worries of ground-source systems remain.

In urban areas, geothermal also poses problems. When you live in the Annex or Beaches and have little backyard space to spare, then the logistics of drilling holes and laying tubing become tricky. Tricky equals higher cost.

Air-source heat pumps work in much the same way as geothermal systems, but instead of the ground, they use outside air to extract and release heat. Home refrigerators work in a similar way. They extract heat from the food in your fridge and release it from coils behind it.

Air conditioners are a one-way heat pump – in summer it extracts heat from inside air and dumps it outside. Air-source heat pumps are popular in the U.S. south because they work like air conditioners, plus they can provide limited heating if temperatures drop.

"Unfortunately, they're still just being developed primarily as air conditioners with a major deficiency in heating," says Hallowell.

It's why they've never taken off in Canada. Once temperatures drop below freezing, a conventional air-source heat pump is useless.

Hallowell saw the neglect, so he went ahead and engineered a better air-source heat pump – one that operates during the summer like an Energy Star central air conditioner but in the winter handles all of a home's heating needs. "Are we as efficient as geothermal?" asks Hallowell. "Well, we're close."

Natural Resources Canada is now testing the Acadia system. I consulted an energy consultant who is also testing it for the Manitoba energy ministry. He didn't want to be named, but had good things to say.

"They're the real deal. Technically, there's no massive, innovative, wizardry here. Just compressors and booster coils and good control systems. Very well done."

His only concern was that Hallowell is still new to the market so it doesn't yet have a track record for service and maintenance. "So if you're getting one of these early units, see if they'd provide guarantees of servicing and back-up."

Hallowell's Canadian distributor, MITS Air Conditioning Inc. of Mississauga, says it costs $14,000 to $16,000 to purchase and install an Acadia system, compared to about $11,000 for a high-end air conditioner and gas furnace.

Unlike geothermal, there's no ripping up of grass. No drilling. "If it does break it's easy to fix because there's nothing underground," says Jim Chaters at MITS.

Currently, the federal government offers a $400 incentive to purchase an air-source heat pump. The province matches that. Hallowell is trying to get that incentive increased so it's at least half of what geothermal systems get.

Chaters, who sells all kinds of conventional heating and cooling equipment, says four years ago he'd never given much thought to heat-pump technology. Then his eco-minded daughter began pushing him to look for better options.

"Air-source heat pumps are the future, because they're getting more and more efficient."

Jessup at the Toronto Atmospheric Fund adds: "We are going to have to move to these technologies in a big way if we are to meet the ambitious (emissions) targets that Toronto council has set."

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Could selling renewable energy be Alberta's next big thing?

Alberta Renewable Energy Procurement is surging as corporate PPAs drive wind and solar growth, with the Pembina Institute and the Business Renewables Centre linking buyers and developers in Alberta's energy-only market near Medicine Hat.

 

Key Points

A market-led approach where corporations use PPAs to secure wind and solar power from Alberta projects.

✅ Corporate PPAs de-risk projects and lock in clean power.

✅ Alberta's energy-only market enables efficient transactions.

✅ Skilled workforce supports wind, solar, legal, and financing.

 

Alberta has big potential when it comes to providing renewable energy, advocates say.

The Pembina Institute says the practice of corporations committing to buy renewable energy is just taking off in Canada, and Alberta has both the energy sector and the skilled workforce to provide it.

Earlier this week, a company owned by U.S. billionaire Warren Buffett announced a large new wind farm near Medicine Hat. It has a buyer for the power.

Sara Hastings-Simon, director of the Pembina's Business Renewables Centre, says this is part of a trend.

"We're talking about the practice of corporate institutions purchasing renewables to meet their own electricity demand. And this is a really well-established driver for renewable energy development in the U.S.," she said. "You may be hearing headlines like Google, Apple and others that are buying renewables and we're helping to bring this practice to Canada."

The Business Renewables Centre (BRC) is a not-for-profit working to accelerate corporate and institutional procurement of renewables in Canada. The group held its inaugural all members event in Calgary on Thursday.

Hastings-Simon says shareholders and investors are encouraging more use of solar and wind power in Canada.

"We have over 10 gigawatts of renewable energy projects in the pipeline that are ready for buyers. And so we see multinational companies coming to Canada to start to procure here, as well as Canadian companies understanding that this is an opportunity for them as well," Hastings-Simon said.

"It's really exciting to see business interests driving renewable energy development."

Sara Hastings-Simon is the director of the Pembina Institute's Business Renewables Centre, which seeks to build up Alberta's renewable energy industry. (Mike Symington/CBC)

Hastings-Simon says renewable procurement could help dispel the narrative that it's all about oil and gas in Alberta by highlighting Alberta as a powerhouse for both green energy and fossil fuels in Canada.

She says the practice started with a handful of tech companies in the U.S. and has become more mainstream there, even as Canada remains a solar laggard to some observers, with more and more large companies wanting to reduce their energy footprint.

He says his U.S.-based organization has been working for years to speed up and expand the renewables market for companies that want to address their own sustainability.

"We try and make that a little bit easier by building out a community that can help to really reinforce each other, share lessons learned, best practices and then drive for transactions to have actual material impact worldwide," he said.

"We're really excited to be working with the Pembina group and the BRC Canada team," he said. "We feel our best value for this is just to support them with our experiences and lessons. They've been basically doing the same thing for many years helping to grow and grow and cultivate the market."

 

Porter says Alberta's market is more than ready.

"There are some precedent transactions already so people know it can work," he said. "The way Alberta is structured, being an energy-only market is useful. And I think that there is a strong ecosystem of both budget developers and service providers … that can really help these transactions get over the line."

As procurement ramps up, Hastings-Simon says Alberta already has the skilled workers needed to fill renewable energy jobs across the province.

"We have a lot of the knowledge that's needed, and that's everybody from the construction down through the legal and financing — all those pieces of building big projects," she said. "We are seeing increasing interest in people that want to become involved in that industry, and so there is increasing demand for training in things like solar power installation and wind technicians."

Hastings-Simon predicts an increase in demand for both the services and the workers.

"As this industry ramps up, we're going to need to have more workers that are active in those areas," she said. "So I think we can see a very nice increase — both the demand and the number of folks that are able to work in this field."

 

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Wind and Solar Double Global Share of Electricity in Five Years

Wind And Solar Energy Growth is reshaping the global power mix, accelerating grid decarbonization as coal declines; boosted by pandemic demand drops, renewables now supply near 10% of electricity, advancing climate targets toward net-zero trajectories.

 

Key Points

It is the rise in wind and solar's share of electricity, driving decarbonization and displacing coal globally.

✅ Share doubled in five years across 83% of global electricity

✅ Coal's share fell; renewables neared 10% in H1 2020

✅ Growth still insufficient for 1.5 C; needs ~13% coal cuts yearly

 

Wind and solar energy doubled its share of the global power mix over the last five years, with renewable power records underscoring the trend, moving the world closer to a path that would limit the worst effects of global warming.

The sources of renewable energy made up nearly 10% of power in most parts of the world in the first half of this year, according to analysis from U.K. environmental group Ember, while globally over 30% of electricity is renewable in broader assessments.

That decarbonization of the power grid was boosted this year as shutdowns to contain the coronavirus reduced demand overall, leaving renewables to pick up the slack.

Ember analyzed generation in 48 countries that represent 83% of global electricity. The data showed wind and solar power increased 14% in the first half of 2020 compared with the same period last year while global demand fell 3% because of the impact of the coronavirus.

At the same time that wind turbines and solar panels have proliferated, coal’s share of the mix has fallen around the world. In some, mainly western European countries, where renewables surpassed fossil fuels, coal has been all but eliminated from electricity generation.


China relied on the dirtiest fossil fuel for 68% of its power five years ago, and solar PV growth in China has accelerated since then. That share dipped to 62% this year and renewables made up 10% of all electricity generated.

Still, the growth of renewables may not be going fast enough for the world to hit its climate goals, even as the U.S. is projected to have one-fourth of electricity from renewables soon, and coal is still being burnt for power in many parts of the world.

Coal use needs to fall by about 79% by 2030 from last year’s levels - a fall of 13% every year throughout the decade to come, and in the U.S. renewable electricity surpassed coal in 2022, Ember said.

New installations of wind farms are set to hold more or less steady in the next five years, according to data from BloombergNEF on deployment trends. That will make it difficult to realize a sustained pace of doubling renewable power every five years.

“If your expectations are that we need to be on target for 1.5 degrees, clearly we’re not going fast enough,” said Dave Jones, an analyst at Ember. “We’re not on a trajectory where we’re reducing coal emissions fast enough.”

 

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Tories 'taking the heart out of Manitoba Hydro' by promoting subsidiaries, scrapping low-cost pledges: NDP

Manitoba Hydro Privatization Debate centers on subsidiaries, Crown corporation governance, clean energy priorities, and electricity rates, as board terms shift oversight and transparency, sparking concerns about sell-offs and government control.

 

Key Points

A dispute over Hydro's governance, subsidiaries, electricity rates, and clean energy amid fears of partial privatization.

✅ Rewritten terms allow subsidiaries and shift board duties.

✅ Low rates and clean energy mandates softened in guidance.

✅ Govt cites Hydro Act; NDP warns of sell-off risks.

 

The board of Manitoba Hydro is being reminded it can divvy up some of the utility's work to subsidiaries — which the NDP is decrying as a step toward privatization. 

A sentence seemingly granting the board permission to create subsidiaries was included in the board's new terms of reference, which the NDP raised during question period Wednesday. 

The document also eliminated references asking Manitoba Hydro to keep electricity rates low, even as rate hike hearings proceed, and supply power in an environmentally-friendly fashion.

NDP raises spectre of Manitoba Hydro's privatization with new CEO
"They're essentially taking the heart out of Manitoba Hydro," NDP leader Wab Kinew said.

Cheap, clean energy is the basis by which the Crown corporation was formed, even as scaled-back rate increases are planned for next year, he said. 

"That's the whole reason we created this utility in the first place."

Another addition to the board's guidelines include stating the corporation is responsible to the government minister, who must be "proactively informed" when significant issues arise. 

The provincial government, however, says the rewritten terms of reference was the directive of the Manitoba Hydro board and not itself.

CBC's requests to the government for an interview were directed to Manitoba Hydro.

In an interview, Manitoba Hydro spokesperson Scott Powell said the energy utility has undergone no legislative changes, and is still governed by the Manitoba Hydro Act. 

The terms of reference were altered to align the board's duties with the new act overseeing Crown corporations, Powell said.

"Whether you have one or two words different in the terms of reference, the essence of the company hasn't changed."

While the new terms of reference no longer instructs the corporation to ensure an "environmentally responsible supply of energy for Manitobans," it encourages the board to "promote economy and efficiency in all phases of power generation and distribution."

On the cost to ratepayers, the updated directions asks the utility to deliver "safe, reliable energy services at a fair price," a standard clarified by a recent appeal court ruling on First Nations rates, but the board is not specifically instructed with keeping electricity rates low. 

Kinew contends the added sentence on subsidiaries permits Hydro to be broken off and sold for parts, although the terms of reference does not specify if any subsidiary would be wholly owned by Hydro or contracted to a private company.

Powell said Manitoba Hydro has been permitted to create subsidiaries since 1997, and nothing has changed since.

Kinew warned about Hydro's privatization last week when Jay Grewal was announced as Hydro's incoming CEO and president.

She was employed with B.C. Hydro when then-premier Gordon Campbell — hired by the Manitoba government to investigate costly overruns on two electricity megaprojects — sold off segments of the utility.

She then became managing director of Accenture, a global management consulting firm, which acquired several B.C. Hydro departments.

During question period Wednesday, Pallister disputed that Manitoba Hydro is bound to be sold.

He slammed the NDP's "Americanization strategy" of producing more electricity than it is capable of selling, which has saddled ratepayers with billions in debt and prompted proposed 2.5% annual increases in coming years. 

The makeup of the Hydro board has undergone a complete turnover in under a year, a contrast to Ontario's Hydro One shakeup vow during that period.

Nine of the 10 members resigned en masse this March over an impasse with the Pallister government. The lone holdover, Cliff Graydon, was dismissed from his post last month after the Progressive Conservatives removed him from caucus. 

 

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Ontario Drops Starlink Deal, Eyes Energy Independence

Ontario Starlink Contract Cancellation underscores rising tariffs, trade tensions, and retaliation, as SpaceX's Elon Musk loses a rural broadband deal; Ontario pivots to procurement bans, energy resilience, and nuclear power to boost grid independence.

 

Key Points

Ontario ended a C$100M Starlink deal over U.S. tariffs, prompting a shift to rural broadband alternatives.

✅ Triggered by U.S. tariffs; Ontario adopts retaliatory procurement bans.

✅ Ends plan to connect 15,000 rural homes and businesses with broadband.

✅ Signals push for energy resilience, nuclear power, and grid independence.

 

In a decisive move, Ontario Premier Doug Ford announced the cancellation of a C$100 million contract with Elon Musk's Starlink, a subsidiary of SpaceX, in direct response to U.S. President Donald Trump's imposition of tariffs on Canadian imports. This action underscores the escalating trade tensions between Canada and the United States, a theme highlighted during Ford's Washington meeting on energy tariffs earlier this month, and highlights Ontario's efforts to safeguard its economic interests.

The now-terminated agreement, established in November, aimed to provide high-speed internet access to 15,000 homes and businesses in Ontario's remote areas. Premier Ford's decision to "rip up" the contract signifies a broader strategy to distance the province from U.S.-based companies amid the current trade dispute. He emphasized, "Ontario won't do business with people hell-bent on destroying our economy."

This move is part of a series of retaliatory measures by Canadian provinces, including Ford's threat to cut electricity exports to the U.S., following President Trump's announcement of a 25% tariff on nearly all Canadian imports, excluding oil, which faces a 10% surcharge. These tariffs, set to take effect imminently, have prompted concerns about potential economic downturns in Canada. In response, Prime Minister Justin Trudeau declared that Canada would impose 25% tariffs on C$155 billion worth of U.S. goods, aiming to exert pressure on the U.S. administration to reconsider its stance.

Premier Ford's actions reflect a broader sentiment of economic nationalism, as he also announced a ban on American companies from provincial contracts until the U.S. tariffs are lifted. He highlighted that Ontario's government and its agencies allocate $30 billion annually on procurement, and reiterated his earlier vow to fire the Hydro One CEO and board as part of broader reforms aimed at efficiency.

The cancellation of the Starlink contract raises concerns about the future of internet connectivity in Ontario's rural regions. The original deal with Starlink was seen as a significant step toward bridging the digital divide, offering high-speed internet to underserved communities. With the contract's termination, the province faces the challenge of identifying alternative solutions to fulfill this critical need.

Beyond the immediate implications of the Starlink contract cancellation, Ontario is confronting broader challenges in ensuring the resilience and independence of its energy infrastructure. The province's reliance on external entities for critical services, such as internet connectivity and energy, has come under scrutiny, as Canada's electricity exports are at risk amid ongoing trade tensions and policy uncertainty.

Premier Ford has expressed a commitment to expanding Ontario's capacity to generate nuclear power as a means to bolster energy self-sufficiency. While this strategy aims to reduce dependence on external energy sources, it presents its own set of challenges that critics argue require cleaning up Ontario's hydro mess before new commitments proceed. Developing nuclear infrastructure requires substantial investment, rigorous safety protocols, and long-term planning. Moreover, the integration of nuclear power into the province's energy mix necessitates careful consideration of environmental impacts and public acceptance.

The concept of "Trump-proofing" Ontario's electricity grid involves creating a robust and self-reliant energy system capable of withstanding external political and economic pressures. Achieving this goal entails diversifying energy sources, including building on Ontario's electricity deal with Quebec to strengthen interties, investing in renewable energy technologies, and enhancing grid infrastructure to ensure stability and resilience.

However, the path to energy independence is fraught with complexities. Balancing the immediate need for reliable energy with long-term sustainability goals requires nuanced policy decisions, including Ontario's Supreme Court challenge to the global adjustment fee and related regulatory reviews to clarify cost impacts. Additionally, fostering collaboration between government entities, private sector stakeholders, and the public is essential to navigate the multifaceted challenges associated with overhauling the province's energy framework.

Ontario's recent actions, including the cancellation of the Starlink contract, underscore the province's proactive stance in safeguarding its economic and infrastructural interests amid evolving geopolitical dynamics. While such measures reflect a commitment to self-reliance, they also highlight the intricate challenges inherent in reducing dependence on external entities. As Ontario charts its course toward a more autonomous future, strategic planning, investment in sustainable technologies, and collaborative policymaking will be pivotal in achieving long-term resilience and prosperity.

 

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TagEnergy Launches France’s Largest Battery Storage Platform

TagEnergy France Battery Storage Platform enables grid flexibility, stability, and resilience across France, storing wind and solar power, balancing supply and demand, reducing curtailment, and supporting carbon neutrality with fast-response, utility-scale capacity.

 

Key Points

A utility-scale BESS in France that stores renewable energy to stabilize the grid, boost flexibility, and cut emissions.

✅ Several hundred MW utility-scale capacity for peak shaving.

✅ Fast-response frequency regulation and voltage support.

✅ Reduces fossil peaker use and renewable curtailment.

 

In a significant leap toward enhancing France’s renewable energy infrastructure, TagEnergy has officially launched the country's largest battery storage platform. This cutting-edge project is set to revolutionize the way France manages its electricity grid by providing much-needed flexibility, stability, and resilience, particularly as the country ramps up its use of renewable energy sources and experiences negative prices in France during periods of oversupply,

The new battery storage platform, with a total capacity of several hundred megawatts, will play a crucial role in facilitating the country's transition to a greener, more sustainable energy future. It marks a significant step forward in addressing one of the most pressing challenges of renewable energy: how to store and dispatch power generated from intermittent sources such as wind and solar energy.

The Role of Battery Storage in Renewable Energy

Battery storage systems are key to unlocking the full potential of renewable energy sources. While wind and solar power are increasingly important in reducing reliance on fossil fuels, their intermittent nature—dependent on weather conditions and time of day—presents a challenge for grid operators. Without an efficient way to store surplus energy produced during peak generation periods, when negative electricity prices can emerge, the grid can become unstable, leading to waste or even blackouts.

This is where TagEnergy’s new platform comes into play. The state-of-the-art battery storage system will capture excess energy when production is high, and then release it back into the grid during periods of high demand, supporting peak demand strategies or when renewable generation dips. This capability will smooth out the fluctuations in renewable energy production and ensure a constant, reliable supply of power to consumers. By doing so, the platform will not only stabilize the grid but also increase the overall efficiency and utilization of renewable energy sources.

The Scale and Scope of the Platform

TagEnergy's battery storage platform is one of the largest in France, with a capacity capable of supporting a wide range of energy storage needs across the country. The platform’s size is designed to handle significant energy loads, making it a critical piece of infrastructure for grid stability. The project will primarily focus on large-scale energy storage, but it will also incorporate cutting-edge technologies to ensure fast response times and high efficiency in energy release.

France’s energy mix is undergoing a transformation as the country aims to achieve carbon neutrality by 2050. With ambitious plans to expand renewable energy production, particularly from offshore wind such as North Sea wind potential, solar, and hydropower, energy storage becomes essential for managing supply and demand. The new battery platform is poised to provide the necessary storage capabilities to keep up with this shift toward greener, more sustainable energy production.

Economic and Environmental Impact

The launch of the battery storage platform is a major boon for the French economy, creating jobs and attracting investment in the clean energy sector. The project is expected to generate hundreds of construction and operational jobs, providing a boost to local economies, particularly in the areas where the storage facilities are located.

From an environmental perspective, the platform’s ability to store and release renewable energy will greatly reduce the country’s reliance on fossil fuels, decreasing greenhouse gas emissions. The efficient storage of solar and wind energy will mean that more clean electricity can be used, with solar-plus-storage cheaper than conventional power in Germany underscoring cost competitiveness, even during times when these renewable sources are not producing at full capacity. This will help France meet its energy and climate goals, including reducing carbon emissions by 40% by 2030 and achieving carbon neutrality by 2050.

The development also aligns with broader European Union goals to increase the share of renewables in the energy mix. As EU nations work toward their collective climate commitments, energy storage projects like TagEnergy’s platform will be vital in helping the continent achieve a greener, more sustainable future.

A Step Toward Energy Independence

The new battery storage platform also has the potential to enhance France’s energy independence. By increasing the storage capacity for renewable energy, France will be able to rely less on imported fossil fuels and energy from neighboring countries, particularly during periods of high demand. Energy independence is a key strategic goal for many nations, as it reduces vulnerability to geopolitical tensions and fluctuating energy prices.

In addition to bolstering national security, the platform supports France’s energy transition by facilitating the deployment of more renewable energy. As storage capacity increases, grid operators will be able to integrate larger quantities of intermittent renewable energy without sacrificing reliability. This will enable France to meet its long-term energy goals while also supporting the EU’s ambitious climate targets.

Future of Battery Storage in France and Beyond

TagEnergy’s launch of France’s largest battery storage platform is a monumental achievement in the country’s energy transition. However, it is unlikely to be the last of its kind. The success of this project could pave the way for similar initiatives across France and the wider European market. As battery storage technology advances, and affordable solar batteries scale up, the capacity for storing and utilizing renewable energy will only grow, unlocking new possibilities for clean, affordable power.

Looking ahead, TagEnergy plans to expand its operations and further invest in renewable energy solutions. The French market, along with growing demand for storage solutions across Europe, presents significant opportunities for further development in the energy storage sector. With the continued integration of renewable energy into the grid, large-scale storage platforms will play an increasingly critical role in shaping a low-carbon future.

The launch of TagEnergy’s battery storage platform marks a pivotal moment for France’s renewable energy landscape. By providing critical storage capacity and ensuring the reliable delivery of clean electricity, the platform will help the country meet its ambitious climate and energy goals. As technology advances and the global transition to renewables accelerates, with over 30% of global electricity now coming from renewables, projects like this one will play an essential role in creating a sustainable, low-carbon energy future.

 

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Court reinstates constitutional challenge to Ontario's hefty ‘global adjustment’ electricity charge

Ontario Global Adjustment Charge faces constitutional scrutiny as a regulatory charge vs tax; Court of Appeal revives case over electricity pricing, feed-in tariff contracts, IESO policy, and hydro rate impacts on consumers and industry.

 

Key Points

A provincial electricity fee funding generator contracts, now central to a court fight over tax versus regulatory charge.

✅ Funds gap between market price and contracted generator rates

✅ At issue: regulatory charge vs tax under constitutional law

✅ Linked to feed-in tariff, IESO policy, and hydro rate hikes

 

Ontario’s court of appeal has decided that a constitutional challenge of a steep provincial electricity charge should get its day in court, overturning a lower-court judgment that had dismissed the legal bid.

Hamilton, Ont.-based National Steel Car Ltd. launched the challenge in 2017, saying Ontario’s so-called global adjustment charge was unconstitutional because it is a tax — not a valid regulatory charge — that was not passed by the legislature.

The global adjustment funds the difference between the province’s hourly electricity price and the price guaranteed under contracts to power generators. It is “the component that covers the cost of building new electricity infrastructure in the province, maintaining existing resources, as well as providing conservation and demand management programs,” the province’s Independent Electricity System Operator says.

However, the global adjustment now makes up most of the commodity portion of a household electricity bill, and its costs have ballooned, as regulators elsewhere consider a proposed 14% rate hike in Nova Scotia.

Ontario’s auditor general said in 2015 that global adjustment fees had increased from $650 million in 2006 to more than $7 billion in 2014. She added that consumers would pay $133 billion in global adjustment fees from 2015 to 2032, after having already paid $37 billion from 2006 to 2014.

National Steel Car, which manufactures steel rail cars and faces high electricity rates that hurt Ontario factories, said its global adjustment costs went from $207,260 in 2008 to almost $3.4 million in 2016, according to an Ontario Court of Appeal decision released on Wednesday.

The company claimed the global adjustment was a tax because one of its components funds electricity procurement contracts under a “feed-in tariff” program, or FIT, which National Steel Car called “the main culprit behind the dramatic price increases for electricity,” the decision said.

Ontario’s auditor general said the FIT program “paid excessive prices to renewable energy generators.” The program has been ended, but contracts awarded under it remain in place.


National Steel Car claimed the FIT program “was actually designed to accomplish social goals unrelated to the generation of electricity,” such as helping rural and indigenous communities, and was therefore a tax trying to help with policy goals.

“The appellant submits that the Policy Goals can be achieved by Ontario in several ways, just not through the electricity pricing formula,” the decision said.

National Steel Car also argued the global adjustment violated a provincial law that requires the government to hold a referendum for new taxes.

“The appellant’s principal claim is that the Global Adjustment was a ‘colourable attempt to disguise a tax as a regulatory charge with the purpose of funding the costs of the Policy Goals,’” the decision said. “The appellant pressed this argument before the motion judge and before this court. The motion judge did not directly or adequately address it.”

The Ontario government applied to have the challenge thrown out for having “no reasonable cause of action,” and a Superior Court judge did so in 2018, saying the global adjustment is not a tax.

National Steel Car appealed the decision, and the decision published Wednesday allowed the appeal, set aside the lower-court judgment, and will send the case back to Superior Court, where it could get a full hearing.

“The appellant’s claim is sufficiently plausible on the evidentiary record it put forward that the applications should not have been dismissed on a pleadings motion before the development of a full record,” wrote Justice Peter D. Lauwers. “It is not plain, obvious and beyond doubt that the Global Adjustment, and particularly the challenged component, is properly characterized as a valid regulatory charge and not as an impermissible tax.”

Jerome Morse of Morse Shannon LLP, one of National Steel Car’s lawyers, said the Ontario government would now have 60 days to decide whether to seek permission to appeal to the Supreme Court of Canada.

“What the court has basically said is, ‘this is a plausible argument, here are the reasons why it’s plausible, there was no answer to this,’” Morse told the Financial Post.

Ontario and the IESO had supported the lower-court decision, but there has been a change in government since the challenge was first launched, with Progressive Conservative Premier Doug Ford replacing the Liberals and Kathleen Wynne in power. The Liberals had launched a plan aimed at addressing hydro costs before losing in a 2018 election, the main thrust of which had been to refinance global adjustment costs.

Wednesday’s decision states that “Ontario’s counsel advised the court that the current Ontario government ‘does not agree with the former government’s electricity procurement policy (since-repealed).’

“The government’s view is that: ‘The solution does not lie with the courts, but instead in the political arena with political actors,’” it adds.

A spokesperson for Ontario Energy Minister Greg Rickford said in an email that they are reviewing the decision but “as this matter is in the appeal period, it would be inappropriate to comment.” 

Ontario had also requested to stay the matter so a regulator, the Ontario Energy Board, could weigh in, while the Nova Scotia regulator approved a 14% hike in a separate case.

“However, Ontario only sought this relief from the motion judge in the alternative, and given the motion judge’s ultimate decision, she did not rule on the stay,” Thursday’s decision said. “It would be premature for this court to rule on the issue, although it seems incongruous for Ontario to argue that the Superior Court is the convenient forum in which to seek to dismiss the applications as meritless, but that it is not the convenient forum for assessing the merits of the applications.”

National Steel Car’s challenge bears a resemblance to the constitutional challenges launched by Ontario and other provinces over the federal government’s carbon tax, but Justice Lauwers wrote “that the federal legislative scheme under consideration in those cases is distinctly different from the legislation at issue in this appeal.”

“Nothing in those decisions impacts this appeal,” the judge added.
 

 

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