Ford government sued by Greenpeace for cancellation of cap and trade without consultation

Doug FordUpdated September 11:

On September 11, CBC News broke the news that “Greenpeace suing Ontario government over cancellation of cap-and-trade program” The lawsuit was filed  in Ontario Superior Court by EcoJustice and the University of Ottawa’s Ecojustice Environmental Law Clinic.  It asks the Court to quash the legislation, on the grounds that the Conservative government “unlawfully failed” to hold public consultations before cancelling  the program, as required by Ontario’s Environmental Bill of Rights. An expedited hearing on the matter has been granted and scheduled for September 21.  The EcoJustice press release of September 11 is here .

At issue is Bill 4, The Cap and Trade Cancellation Act, 2018 , introduced in July to honour a campaign pledge to repeal Ontario’s cap and trade program, authorized through the Climate Change Mitigation and Low-carbon Economy Act, 2016  of the previous Wynne government.  Yet as the National Observer  reported on August  15, “Ontario legislature adjourns without adopting Ford government bill to cancel cap and trade” .  The article also compiles expert opinion and reaction to the move, and notes  that the government will be expected to propose new greenhouse gas emissions reduction targets when the Ontario legislature returns for its fall sitting on Sept. 24.

In “Ford government does U-turn, expands electric vehicle rebates for Tesla buyers”  (Aug. 31), CBC reports on another Court case involving the rookie Ford government.  The Court ruled against the government and in favour of  Tesla, which had claimed that it had been discriminated against when the government discontinued electric and hybrid vehicle sales incentives.   The CBC quotes Sara Singh, an Ontario NDP MP, who stated in August:  “This is likely only the first of many decisions against the Ford government’s decision to rip up hundreds of cap-and-trade and green energy contracts.” The Huffington Post compiled a list the legal actions against the government, on a variety of fronts, on Sept. 5.

Others who have weighed in on Ford’s climate and energy policies: Climate Action Network, along with 37 signatories,  sent an Open Letter to Premier Ford  on August 8.  It documents the heat and fire emergencies throughout the province in the summer of 2018, and calls for a public commitment, along with a detailed plan,  to achieve Ontario’s existing legislated emissions reduction goals.  Environmental Defence maintains an online petition calling for similar action.

Regarding Ford’s cuts to renewable energy programs: A widely-cited article appeared in Forbes magazine: “Ontario’s Economic Investment Outlook Dims With New Government Energy Actions”  (Aug. 13)   (and was re-posted by the Pembina Institute )  stating:  “In one fell swoop Ontario’s government has dramatically slashed a source of funding for clean transportation infrastructure to help consumers lower travel costs, erased hundreds of clean energy projects to help consumers reduce electricity costs, dimmed the prospects for jobs and economic growth from clean tech industries, and took a major step backwards in making the province an attractive climate for business and investment today – and into the future.”

Job losses feared as Ontario government cancels renewable energy contracts

On  July 13, the Province of Ontario announced the immediate cancellation of 758 renewable energy projects, calling them “unnecessary and wasteful” .  In “Inside Ontario’s clean energy contract cancellations”  by GreenTech Media  (July 26), the CEO of the Canadian Solar Industry Association estimates that  Ontario will lose 6,000 jobs and half a billion dollars of investment as a result, although the general tone of the article displays confidence in the unstoppable momentum of clean energy.  The decision, however, has thrown the industry into confusion, disappointed some consumers, and is seen as a blow to Ontario’s reputation amongst investors.

A sampling of reaction:  “Green shift to green slump: How trade decisions and electoral politics are crippling the vision of a clean Canadian power play”    in the Globe and Mail (Aug. 3)

Solar companies may exit Ontario for Alberta after Doug Ford kills rebate program”    from CBC News

Renewable Energy stocks slide as Ontario vows to scrap clean- power projects” in the Globe and Mail  (July 13)

Clean power advocates disappointed by defiant in the face of Ford’s sweeping cuts”   (July 17) in the National Observer

Cancellation of Energy Contracts Punishes Famers, School Boards, Municipalities and First Nations”   a press release from the Canadian Solar Industries Association.  CanWEA also responded to the announcements with a disjointed compilation of links about the benefits of wind energy  (July 13) .

wind turbine and cowsOne high profile  example of the cancelled projects:  the White Pines wind project in Prince Edward County, owned by German company WPD ,  which was first approved in 2010 and was weeks away from completion when it was cancelled by Bill 2, The Urgent Priorities Act.  Local reaction appeared in  The Picton Gazette , and the National Observer published an extensive four part report, “Inside one Ontario town’s  decade long wind war”  .    CBC News published  “Ford government’s plan to cancel wind project could cost taxpayers over $100M, company warns”  , and even the conservative National Post published “John Ivison: Wind turbine decision says Doug Ford’s Ontario is closed for business”   (July 23), calling it a “bone-headed”decision.  Activist group Leadnow.ca has posted on online petition, “Save the White Pines project”  .

 

 

Against the evidence for its efficiency, Ontario’s Cap and Trade program axed

Doug Ford clappingIn Ontario, newly-elected Premier Doug Ford quickly fulfilled a central campaign promise, as the Province revoked the cap-and-trade  regulations and prohibited all trading of emission allowances, officially announced on July 3, 2018.   A further July 25  press release  announced the introduction of Bill 4, The Cap and Trade Cancellation Act, 2018  and claimed that “The average Ontario family will receive $260 in annual savings thanks to the elimination of the cap-and-trade carbon tax.”  All programs currently funded through the cap-and-trade revenues have been cancelled, including the immediate wind-down of the Green Ontario Fund, which funded many energy efficiency incentive programs.  The Cap and Trade Cancellation Act repeals the Climate Change Mitigation and Low-carbon Economy Act, 2016  of the previous Wynne government “and provides for various matters related to the wind down of the Cap and Trade Program.”

Earlier, on July 13, the province had announced  the cancellation of 758 renewable energy projects, calling them “unnecessary and wasteful” – one notable example, the almost-completed White Pines wind project in Prince Edward County.  And on August 2, in addition to the previously announced court challenge  to the federal government’s carbon pricing requirements under the Pan Canadian Framework,  Ontario’s  Attorney General announced a second court challenge  – this time in  the Ontario Court of Appeal.  “Doug Ford’s Ontario pursues ‘doomed’ plan to stop Trudeau government’s efforts to fight climate change”   in the National Observer (August 2) summarizes the development from a political viewpoint, and the Globe and Mail’s editorial is titled: “Caroline Mulroney’s carbon-tax court challenge is a partisan waste of money

Reactions :

Ford government Attempts to minimize Ontario taxpayer losses after abandoning carbon markets”   (July 25) in the National Observer;

“Ontario’s fiscal watchdog to probe cancellation of cap and trade,at Horwath’s request”   in the Globe and Mail (July 24);

From Professor Mark Winfield, York University:  “Doug Ford’s energy shake-up could cost Ontario”  in The Conversation (July 25)   ;

Clean power advocates disappointed but defiant in the face of Ford’s sweeping cuts” from the National Observer (July 17)

Solar companies may exit Ontario for Alberta after Doug Ford kills rebate program”  from CBC News (June 21) ;

Scrapping of cap and trade revenues a big loss for Ontario tenants badly in need of apartment retrofits”   from ACORN Canada;

  “From Cap-and-Trade to White Pines: What Lies Ahead In Ontario’s Energy Sector” from Toronto law firm Gowlings .

Before his election but based on the platform statements,  Unifor said in June  : “Workers in Ontario need forward-looking policies with the intention to build a green economy, but instead Ford announced his intention to cancel a successful program and pick an unnecessary fight with the federal government…. “Workers accept that climate change is real and need our government to lead with a real, predictable plan to reduce emissions and grow green jobs.”

Was there a problem with Ontario’s cap and trade system?  The April 2018 WCR article “New evidence supports benefits of cap and trade policies”  summarized several favourable studies, including  A Progress Report on Ontario’s Cap-and-Trade Program and Climate Change Action Plan: Year One ,  published by the Clean Economy Alliance –   which concluded that, in the first year of cap-and-trade employment had grown at the same time that Ontario economy grew to a 7-year high.  Environmental Defense published “Carbon pricing has no downside: why are we still arguing about it?” , which summarized the Clean Economy Alliance report, as well as No Bad Option: Comparing the Economic Impact of Ontario Carbon Pricing Scenarios  by Hadrian Mertins-Kirkwood, published in April 2018 by CCPA in partnership with the Clean Economy Alliance.

More recently, Dale Beugin, Don Drummond, Glen Hodgson and Mel Cappe asked “If not carbon pricing in Ontario – which works well – then what, Mr. Ford?”   in a blog published by the Ecofiscal Commission.   The purpose of the brief summary is to “correct the record on some of the myths and misunderstandings surrounding carbon pricing. The economic evidence clearly contradicts some of the recent rhetoric coming from Ontario.”  Earlier Ecofiscal opinion appeared in “Tread Carefully: Ontario’s cap-and-trade system meets a fork in the road” (June 8)  , and  “Can Ontario hits its targets without carbon pricing?”  .

In the U.S.,  economist Marc Hafstead  recently published “Carbon taxes and employment: Rhetoric vs research” in the Summer Issue of Resources, the online newsletter of Resources for the Future (RFF) , stating  “Opponents of policies to price carbon will likely continue with the “job-killing” rhetoric, but careful economic analysis suggests that these arguments are seriously exaggerated.”  (the brief article is based largely on his academic working paper Unemployment and Environmental Regulation in General Equilibrium: Considering a US Carbon Tax: Economic Analysis and Dialogue on Carbon Pricing Options  )  .

 

Federal government sets out new requirements for Infrastructure funds – climate lens, community benefits

The Investing in Canada Plan of the federal government will invest more than $180 billion over 12 years for public transit projects, green infrastructure, social infrastructure, trade and transportation, and Canada’s rural and northern communities. Two recent press releases define how the program funds will be awarded:  at the start of June , Infrastructure Canada announced that proposals under the Investing in Canada program, as well as the Disaster Mitigation and Adaptation Fund,  and those submitted to the Smart Cities Challenge,  will be required to use a “climate lens”, to assess “how their projects will contribute to or reduce carbon pollution, and to consider climate change risks in the location, design, and planned operation of a project.”  The General Guidance document for Climate Lens is here  .

second press release,  on June 22,  announced a new Community Employment Benefits requirement – under which applicants for major projects will be required to set targets for training and employment opportunities for at least three groups targeted by the CEB initiative: Indigenous peoples, women, persons with disabilities, veterans, youth, apprentices, and recent immigrants, as well as procurement opportunities for small-to-medium sized businesses and social enterprises.  The  General Guidance document for Community Enterprise Benefits   explains the administrative details.

Mowat report community benefits agreements Ontario became the first Canadian jurisdiction to promote community benefits, through the Infrastructure for Jobs and Prosperity Act 2015 , and in May 2018, the province announced five new community benefits projects under its Long-term Infrastructure plan.

Engage and Empower , an April 2018 report from the Mowat Centre at University of Toronto,  discusses the Ontario Community Benefits framework, and sets out principles which are applicable outside Ontario.  It states: “it is essential to engage that community to understand the types of benefits that are most aligned with its priority needs, and to continue this engagement throughout the project as impacts are being measured and evaluated. This process of defining and engaging the community requires an ongoing relationship built on trust and collaboration … It is critical that governments avoid an overly prescriptive approach and recognize, instead, that communities are dynamic and robust ecosystems – with existing networks and capabilities – and desire autonomy in the process of defining, articulating and negotiating the benefits to accrue through an infrastructure project.”

 

Doug Ford has begun to dismantle Ontario’s climate leadership – Step 1, exit the cap-and-trade agreement

Doug FordAs a result of the provincial election on June 7, Progressive Conservative leader Doug Ford will take power as the premier of Ontario on  June 29, 2018.  Even before that hand-over date, he has begun to make the changes many feared –  announcing on June 15 that Ontario will exit the cap and trade market of the Western Climate Initiative (which includes California and Quebec)  and on June 19,  cancelling the $377-million Green Ontario Fund,  financed by the proceeds of cap-and-trade auctions and which provided consumer incentives for energy efficiency improvements.  On June 21, he committed to keep the Pickering Nuclear Generating Station in operation until 2024  –  in the name of protecting 4,500 local jobs and an additional 3,000 jobs province-wide.  Some general articles about the Ford government appeared in The Tyee  “Green hopes, NDP fears, and PC Dreams: The challenges that await Ontario in Ford Nation” (June 15);  “What does a Doug Ford victory mean for the climate?”  in The Narwhal (by DeSmog Canada),  and “Doug Ford’s Environmental policies light on details, advocates say” on CBC News (June 13).

Ford’s decision to end the cap and trade market has many implications – the possibility of lawsuits from investors and companies who had bought carbon credits, as well as a direct confrontation with the federal government, which requires all provinces to enact carbon pricing by 2019, under the Pan-Canadian Framework for Clean Energy and Climate Change.  Additionally, the federal government  just passed Bill C-74, which includes Part 5: The Greenhouse Gas Pollution Pricing Act on June 14 , the day before Ford’s announcement.  For discussion of the carbon pricing issue, see  “Ontario’s Doug Ford says the province is abandoning its price on carbon pollution” in the National Observer (June 15) ;  “PC’s will end Ontario cap and trade program, Ford vows” in the Globe and Mail (June 15).  An official reaction from Environmental Defence is here , with more detail in their blog, “What you need to know about Ontario’s carbon pricing drama” . From the Ecofiscal Commission, “Tread Carefully: Ontario’s cap-and-trade system meets a fork in the road” (June 8) , and “Can Ontario hits its targets without carbon pricing?”  (June 21) , which discusses the two remaining options for reducing emissions: regulations and incentives.  Finally,  the arguments are summed up in the Unifor press release, “Unifor urges Premier-designate Doug Ford to maintain the cap and trade system” : “Workers in Ontario need forward-looking policies with the intention to build a green economy, but instead Ford announced his intention to cancel a successful program and pick an unnecessary fight with the federal government…. Workers accept that climate change is real and need our government to lead with a real, predictable plan to reduce emissions and grow green jobs.”