Energy
New federal law may actually inject more facts into ‘climate’ debate
From the Fraser Institute
A new federal law—Bill C-59, which received royal assent last month—has Canada’s oil and gas industry and the premiers of oil and gas provinces up in arms.
Specifically, in legalese, it allows government or outside litigants to review a “representation to the public in the form of a statement, warranty or guarantee of a product’s benefits for protecting the environment or mitigating the environmental and ecological effects of climate change that is not based on an adequate and proper test, the proof of which lies on the person making the representation.”
These “reviews” would be conducted by government courts where claimants would have to prove the truthfulness of what they were saying.
Opponents of the law argue that it constitutes a gag order on Canada’s oil and gas sector, to prevent them from marketing their products, services and technologies in a positive way. And indeed, the legislation would gag a lot oil and gas sector talk, because all claims about climate change are highly uncertain. The law would impose severe penalties on those who can’t prove themselves innocent of misrepresentation, including fines up to $15,000,000.
Industry and political objections aside, however, a good argument can be made that government does have a legitimate interest in deterring businesses from engaging in fraudulent practices or false advertising.
For example, while warming is certainly real (1.1 degrees Celsius since 1850), the human contribution to this warming is unclear. Potentially harmful changes to the climate radiating from that increased warming are highly unclear, and the ultimate impacts on human health stemming from climate change are almost completely unknown and unknowable, depending, as they would, on unpredictable economic, technologic and social factors.
Thus, any claims about a technology such as “carbon capture and storage” reducing the risks of climate change almost certainly can’t be proven truthful in a rigorous cause-and-effect way before a courtroom standard of truth in advertising.
Similarly, technologies and practices that reduce the carbon intensity of oil and gas production, often portrayed as mitigating climate risk, cannot be shown to do so in a direct provable cause-and-effect way, because climate risks themselves are multi-factorial and still speculative, and the impacts of relatively small emission reductions remain unquantifiable.
With this new federal law, the Trudeau government seemingly wants to prevent the oil and gas sector from defending its products, operations, technologies and services on the grounds that some of their actions have already, and will in future, mitigate climate risk. The oil and gas industry and its supporters say this will render the industry unable to defend itself from onerous regulations and government actions meant to drive them out of business.
Of course, a fair argument can be made that businesses in the oil and gas sector should not make claims about climate change mitigation that they can’t back up in court, and that they should be subject to the same scrutiny as any other business. And due to this new law, they will likely appear in court someday to defend themselves against the government’s long-stated belief that the industry should be shut down.
However, to the extent the new law is limited to particularly unprovable claims regarding certain technologies, this may not be an entirely bad thing. It may actually force Canada’s climate policy discussions to be grounded more in fact than fancy.
Author:
Alberta
New pipeline from Alberta would benefit all Canadians—despite claims from B.C. premier
From the Fraser Institute
The pending Memorandum of Understanding between the Carney government and the Alberta governments will reportedly support a new oil pipeline from Alberta’s oilsands to British Columbia’s tidewater. But B.C. Premier David Eby continues his increasingly strident—and factually challenged—opposition to the whole idea.
Eby’s arguments against a new pipeline are simply illogical and technically incorrect.
First, he argues that any pipeline would pose unmitigated risks to B.C.’s coastal environment, but this is wrong for several reasons. The history of oil transport off of Canada’s coasts is one of incredible safety, whether of Canadian or foreign origin, long predating federal Bill C-48’s tanker ban. New pipelines and additional transport of oil from (and along) B.C. coastal waters is likely very low environmental risk. In the meantime, a regular stream of oil tankers and large fuel-capacity ships have been cruising up and down the B.C. coast between Alaska and U.S. west coast ports for decades with great safety records.
Next, Eby argues that B.C.’s First Nations people oppose any such pipeline and will torpedo energy projects in B.C. But in reality, based on the history of the recently completed Trans Mountain Expansion (TMX) pipeline, First Nations opposition is quite contingent. The TMX project had signed 43 mutual benefit/participation agreements with Indigenous groups along its route by 2018, 33 of which were in B.C. As of March 2023, the project had signed agreements with 81 out of 129 Indigenous community groups along the route worth $657 million, and the project had resulted in more than $4.8 billion in contracts with Indigenous businesses.
Back in 2019, another proposed energy project garnered serious interest among First Nations groups. The First Nations-proposed Eagle Spirit Energy Corridor, aimed to connect Alberta’s oilpatch to a port in Kitimat, B.C. (and ultimately overseas markets) had the buy-in of 35 First Nations groups along the proposed corridor, with equity-sharing agreements floated with 400 others. Energy Spirit, unfortunately, died in regulatory strangulation in the Trudeau government’s revised environmental assessment process, and with the passage of the B.C. tanker ban.
Premier Eby is perfectly free to opine and oppose the very thought of oil pipelines crossing B.C. But the Supreme Court of Canada has already ruled in a case about the TMX pipeline that B.C. does not have the authority to block infrastructure of national importance such as pipelines.
And it’s unreasonable and corrosive to public policy in Canada for leading government figures to adopt positions on important elements of public policy that are simply false, in blatant contradiction to recorded history and fact. Fact—if the energy industry is allowed to move oil reserves to markets other than the United States, this would be in the economic interest of all Canadians including those in B.C.
It must be repeated. Premier Eby’s objections to another Alberta pipeline are rooted in fallacy, not fact, and should be discounted by the federal government as it plans an agreement that would enable a project of national importance.
Business
Climate Climbdown: Sacrificing the Canadian Economy for Net-Zero Goals Others Are Abandoning
By Gwyn Morgan
Canada has spent the past decade pursuing climate policies that promised environmental transformation but delivered economic decline. Ottawa’s fixation on net-zero targets – first under Justin Trudeau and now under Prime Minister Mark Carney – has meant staggering public expenditures, resource project cancellations and rising energy costs, all while failing to
reduce the country’s dependence on fossil fuels. Now, as key international actors reassess the net-zero doctrine, Canada stands increasingly alone in imposing heavy burdens for negligible gains.
The Trudeau government launched its agenda in 2015 by signing the Paris Climate Agreement aimed at limiting the forecast increase in global average temperature to 1.5°C by the end of the century. It followed the next year with the Pan-Canadian Framework on Clean Growth and Climate Change that imposed more than 50 measures on the economy, key among them a
carbon “pricing” regime – Liberal-speak for taxes on every Canadian citizen and industry. Then came the 2030 Emissions Reduction Plan, committing Canada to cut greenhouse gas emissions to 40 percent below 2005 levels by 2030, and to achieve net-zero by 2050. And then the “On-Farm Climate Action Fund,” the “Green and Inclusive Community Buildings Program” and the “Green Municipal Fund.”
It’s a staggering list of nation-impoverishing subsidies, taxes and restrictions, made worse by regulatory measures that hammered the energy industry. The Trudeau government cancelled the fully-permitted Northern Gateway pipeline, killing more than $1 billion in private investment and stranding hundreds of billions of dollars’ worth of crude oil in the ground. The
Energy East project collapsed after Ottawa declined to challenge Quebec’s political obstruction, cutting off a route that could have supplied Atlantic refineries and European markets. Natural gas developers fared no better: 11 of 12 proposed liquefied natural gas export terminals were abandoned amid federal regulatory delays and policy uncertainty. Only a single LNG project in Kitimat, B.C., survived.
None of this has had the desired effect. Between Trudeau’s election in 2015 and 2023, fossil fuels’ share of Canada’s energy supply actually increased from 75 to 77 percent. As for saving the world, or even making some contribution towards doing so, Canada contributes just 1.5 percent of global GHG emissions. If our emissions went to zero tomorrow, the emissions
growth from China and India would make that up in just a few weeks.
And this green fixation has been massively expensive. Two newly released studies by the Fraser Institute found that Ottawa and the four biggest provinces have either spent or foregone a mind-numbing $158 billion to create just 68,000 “clean” jobs – an eye-watering cost of over $2.3 million per job “created”. At that, the green economy’s share of GDP crept up only 0.3
percentage points.
The rest of the world is waking up to this folly. A decade after the Paris Agreement, over 81 percent of the world’s energy still comes from fossil fuels. Environmental statistician and author Bjorn Lomborg points out that achieving global net-zero by 2050 would require removing the equivalent of the combined emissions of China and the United States in each of the next five
years. “This puts us in the realm of science fiction,” he wrote recently.
In July, the U.S. Department of Energy released a major assessment assembled by a team of highly credible climate scientists which asserted that “CO 2 -induced warming appears to be less damaging economically than commonly believed,” and that aggressive mitigation policies might be “more detrimental than beneficial.” The report found no evidence of rising frequency or severity of hurricanes, floods, droughts or tornadoes in U.S. historical data, while noting that U.S. emissions reductions would have “undetectably small impacts” on global temperatures in any case.
U.S. Energy Secretary Chris Wright welcomed the findings, noting that improving living standards depends on reliable, affordable energy. The same day, the Environmental Protection Agency proposed rescinding the 2009 “endangerment finding” that had designated CO₂ and other GHGs as “pollutants.” It had led to sweeping restrictions on oil and gas development and fuelled policies that the current administration estimates cost the U.S. economy at least US$1 trillion in lost growth.
Even long-time climate alarmists are backtracking. Ted Nordhaus, a prominent American critic, recently acknowledged that the dire global warming scenarios used by the Intergovernmental Panel on Climate Change rely on implausible combinations of rapid population growth, strong economic expansion and stagnant technology. Economic growth typically reduces population increases and accelerates technological improvement, he pointed out, meaning emissions trends will likely be lower than predicted. Even Bill Gates has tempered his outlook, writing that climate change will not be “cataclysmic,” and that although it will hurt the poor, “it will not be the only or even the biggest threat to their lives and welfare.” Poverty and disease pose far greater threats and resources, he wrote, should be focused where they can do the most good now.
Yet Ottawa remains unmoved. Prime Minister Carney’s latest budget raises industrial carbon taxes to as much as $170 per tonne by 2030, increasing the competitive disadvantage of Canadian industries in a time of weak productivity and declining investment. These taxes will not measurably alter global emissions, but they will deepen Canada’s economic malaise and
push production – and emissions – toward jurisdictions with more lax standards. As others retreat from net-zero delusions, Canada moves further offside global energy policy trends – extending our country’s sad decline.
The original, full-length version of this article was recently published in C2C Journal.
Gwyn Morgan is a retired business leader who has been a director of five global corporations.
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