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Federal Greenwash law: guilty until proven innocent

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From Resource Works

“Under this new law, you’re guilty unless you prove your innocence to some back-room bureaucratic body. That’s simply not a Canadian concept.”

In its latest display of environmental correctness, the federal government passed a new anti-greenwashing law that requires individuals or organizations making claims or promises about the climate benefits of products or processes to prove their truth.

Such “truth,” the law stipulates, must be proven to the satisfaction of a federal bureaucracy — by way of “an adequate and proper test” or “adequate and proper substantiation in accordance with internationally recognized methodology.”

However, those tests and methodologies have not been defined or announced, remaining hopelessly vague. A federal bureaucrat is now empowered under the law to review such climate statements and claims, and to compel court proceedings if they deem them not to meet the ambiguous criteria.

It’s clear the law (Bill C-59, amendments to the Competition Act) would apply to companies claiming, for example, that their production processes or new technologies will reduce greenhouse gas emissions. However, the Competition Bureau conveniently will not have to prove that the claims are false or misleading. The new law instead requires the accused company or agency to prove their innocence.

The penalties can be severe, with fines of up to $10 million ($15 million for repeat offenders) or as much as three times the benefit derived from the misrepresentation. If that benefit cannot be reasonably determined, the penalty could be up to three percent of the company’s annual worldwide gross revenues.

Canada is thus following the green correctness of the European Parliament, which now requires “proof” of claims of a neutral, reduced, or positive impact on the environment when a producer reduces or offsets emissions.

The European Union’s move followed a study by the European Commission, which found more than half  of green claims were vague, misleading, or unfounded, with 40% being “completely unsubstantiated.”

Industry in Canada has been quick to protest Bill C-59, and it’s not just the oil and natural gas sector raising concerns. Industries ranging from automotive to mining to manufacturing are also challenging the new law.

Dennis Darby, CEO of the Canadian Manufacturers & Exporters Association, called the changes “quite heavy-handed” and said his member companies worry about potential legal challenges over any environmental claims they make about emissions-reducing technologies.

The Canadian Association of Petroleum Producers (CAPP) also protested: “These amendments effectively silence discussion around climate and environmental policy for political gains, while promoting the voices of those most opposed to Canada’s oil and natural gas sector.

“The federal government’s approach to these amendments has introduced a new level of complexity and risk for those looking to invest in Canada. The amendments to the Competition Act will make it more difficult for proponents to speak to Canadians and gain public support for their projects, particularly for those focused on reducing emissions.”

CAPP argued in a submission to the Competition Bureau: “The effect of this legislation is to silence the energy industry and those that support it, in an effort to clear the field of debate and promote the voices of those most opposed to Canada’s energy industry.

“Implementing a vague law with exceptionally high penalties, without consultation, and with an outsized impact on the country’s largest industries, is both anti-democratic and anti-business.”

Will the new Canadian law also apply (as CAPP says it should) to climate campaigners and green groups who claim that a company, product, or process damages the global climate?

One green group recently attacked liquefied natural gas (LNG) developments in British Columbia using (among other things) a photoshopped image of a smoke-emitting oil and gas facility in Iran. Could that be prosecuted under the new law? It should be, but who knows?

Will the new reverse-onus law apply in practice to government departments, ministries, and ministers? Again, who knows?

The federal Canada Energy Regulator, for example, made a number of green statements in a recent  Market Snapshot about LNG in BC:

  • “LNG Canada is actively working on electrifying certain processes, especially for the proposed Phase 2. This shift will reduce reliance on fossil fuels and help lower the carbon intensity of LNG production.”
  • “Woodfibre LNG will use electric motors powered by renewable electricity from B.C. Hydro, making the project one of the lowest-emission LNG export facilities in the world.”
  • “The proposed Cedar LNG facility will also be powered by renewable electricity from B.C. Hydro and will be one of the lowest-emission LNG facilities in the world.”
  • “The proposed Ksi Lisims LNG facility would have one of the lowest carbon intensities of large-scale LNG export projects in the world, utilizing several technologies to reduce carbon emissions, including renewable hydropower from the B.C. electricity grid.”
  • “The Tilbury LNG facility is powered by renewable hydroelectricity, which means it can produce LNG that is nearly 30 percent less carbon-intensive than the global average.”

Does the Canada Energy Regulator now have to “prove” all those statements?

And what about Prime Minister Trudeau himself? The First Nations LNG Alliance (which has said the law could be used as one more tool to discourage Indigenous partnerships and investment in energy projects) asked if the law would apply to the prime minister.

“Prime Minister Justin Trudeau hailed the go-ahead decision by the Cedar LNG project, majority-owned by the Haisla First Nation in B.C. He said it will be ‘the world’s lowest carbon footprint LNG facility.’ So does the prime minister now have to ‘prove’ that Cedar LNG is the world’s lowest carbon footprint LNG facility?”

Regardless, under this new law, you’re guilty unless you prove your innocence to some back-room bureaucratic body. That’s simply not a Canadian concept, nor a Liberal one. This new law needs to be changed or repealed.

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Daily Caller

Trump’s One Big Beautiful Bill Resets The Energy Policy Playing Field

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From the Daily Caller News Foundation

By David Blackmon

Make no mistake about it, the One Big Beautiful Bill Act (OBBBA) signed into law on Friday by President Donald Trump falls neatly in line with the Trump energy and climate agenda. Despite complaints by critics of the deal that Majority Leader John Thune struck with Alaska Sen. Lisa Murkowski to soften the bill’s effort to end wind and solar subsidies from the Orwellian 2022 Inflation Reduction Act, the OBBBA continues – indeed, accelerates – the Trumpian energy revolution.

Leaders in the oil and gas industry, hamstrung at every opportunity by the Biden presidency, hailed the bill as a chance to move back into some semblance of boom times. Tim Stewart, President of the U.S. Oil and Gas Association, told his members in a memo that, “For the oil and gas industry, the bill…signals a transformative opportunity to enhance domestic production.”

API CEO Mike Sommers also praised the OBBBA as a positive step for his members: “This historic legislation will help usher in a new era of energy dominance by unlocking opportunities for investment, opening lease sales and expanding access to oil and natural gas development.

While leaders of organizations like those must curb their enthusiasm to some extent in their public statements, they and their peers must be somewhat amazed at how much real substantive change the thin GOP majorities shepherded by Thune and House Speaker Mike Johnson managed to stuff into this bill. This industry, historically an easily demonized bogeyman for Democrats and too often ignored by previous Republican presidents, does not experience days as encouraging as July 3 was in the nation’s capital.

Even so, many Republicans, especially in the House, remained unsatisfied by amendments the Senate made to the bill related to IRA subsidy rollbacks. To help Speaker Johnson hold the party’s narrow House majority together, President Trump committed the executive branch to strict enforcement of the new limitations, and promised the White House will work with congressional allies to move a major deregulation package ahead of the 2026 midterm elections.

But the OBBBA as passed is chock full of energy and environment-related provisions. FTI Consulting, a business consultancy with a major presence in Washington, DC, published a quick analysis Thursday that projects natural gas and nuclear as the biggest winners as the OBBBA’s impacts begin to take hold across the United States. Interestingly, the analysis also projects battery storage to expand more rapidly over the next five years even as wind and solar suffer from the phasing-out of their IRA subsidies.

The side deal struck by Thune and Murkowski is likely to result in significant new investment into wind and solar facilities as developers strive to get as many projects on the books as possible to meet the “commenced construction” requirement by the July 4, 2026 deadline. The bill’s previous language would have required projects to be placed into service by that time. But even that softer requirement will almost certainly cause a flow of capital investment out of wind and solar once that deadline passes, given the reality that many of their projects are not sustainable without constant flows of government subsidies.

What it all means is that the OBBBA, combined with all the administration’s prior moves to radically shift the direction of federal energy and climate policy away from intermittent energy and electric vehicles back to traditional forms of power generation and internal combustion cars, effectively reset the policy playing field back to 2019, prior to the COVID pandemic. That was a time when America had become as energy independent as it had been in well over half a century and was approaching the “Energy Dominance” position so dear to President Trump’s heart.

Trump’s signing of the OBBBA gives the oil and gas, nuclear, and even the coal industry a chance at a do over. It is an opportunity that comes with great pressure, both from government and the public, to perform. That means rapid expansion in gas power generation unseen in 20 years, rapid development of next generation nuclear, and even a probable chance to permit and build new coal capacity in the near future.

Second chances like this do not come around often. If these great industries fail to grab this brass ring and run with it, it may never come around again. Let’s go, folks.

David Blackmon is an energy writer and consultant based in Texas. He spent 40 years in the oil and gas business, where he specialized in public policy and communications.

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Carbon Tax

Canada’s Carbon Tax Is A Disaster For Our Economy And Oil Industry

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From the Frontier Centre for Public Policy

By Lee Harding

Lee Harding exposes the truth behind Canada’s sky-high carbon tax—one that’s hurting our oil industry and driving businesses away. With foreign oil paying next to nothing, Harding argues this policy is putting Canada at a major economic disadvantage. It’s time to rethink this costly approach.

Our sky-high carbon tax places Canadian businesses at a huge disadvantage and is pushing investment overseas

No carbon tax will ever satisfy global-warming advocates, but by most measures, Canada’s carbon tax is already too high.

This unfortunate reality was brought to light by Resource Works, a B.C.-based non-profit research and advocacy organization. In March, one of their papers outlined the disproportionate and damaging effects of Canada’s carbon taxes.

The study found that the average carbon tax among the top 20 oil-exporting nations, excluding Canada, was $0.70 per tonne of carbon emissions in fiscal 2023. With Canada included, that average jumps to $6.77 per tonne.

At least Canada demands the same standards for foreign producers as it does for domestic ones, right? Wrong.

Most of Canada’s oil imports come from the U.S., Saudi Arabia, and Nigeria, none of which impose a carbon tax. Only 2.8 per cent of Canada’s oil imports come from the modestly carbon-taxing countries of the U.K. and Colombia.

Canada’s federal consumer carbon tax was $80 per tonne, set to reach $170 by 2030, until Prime Minister Mark Carney reduced it to zero on March 14. However, parallel carbon taxes on industry remain in place and continue to rise.

Resource Works estimates Canada’s effective carbon tax at $58.94 per tonne for fiscal 2023, while foreign oil entering Canada had an effective tax of just $0.30 per tonne.

“This results in a 196-fold disparity, effectively functioning as a domestic tariff against Canadian oil production,” the research memo notes. Forget Donald Trump—Ottawa undermines our country more effectively than anyone else.

Canada is responsible for 1.5 per cent of global CO2 emissions, but the study estimates that Canada paid one-third of all carbon taxes in 2023. Mexico, with nearly the same emissions, paid just $3 billion in carbon taxes for 2023-24, far less than Canada’s $44 billion.

Resource Works also calculated that Canada alone raised the global per-tonne carbon tax average from $1.63 to $2.44. To be Canadian is to be heavily taxed.

Historically, the Canadian dollar and oil and gas investment in Canada tracked the global price of oil, but not anymore. A disconnect began in 2016 when the Trudeau government cancelled the Northern Gateway pipeline and banned tanker traffic on B.C.’s north coast.

The carbon tax was introduced in 2019 at $15 per tonne, a rate that increased annually until this year. The study argues this “economic burden,” not shared by the rest of the world, has placed Canada at “a competitive disadvantage by accelerating capital flight and reinforcing economic headwinds.”

This “erosion of energy-sector investment” has broader economic consequences, including trade balance pressures and increased exchange rate volatility.

According to NASA, Canadian forest fires released 640 million metric tonnes of carbon in 2023, four times the amount from fossil fuel emissions. We should focus on fighting fires, not penalizing our fossil fuel industry.

Carney praised Canada’s carbon tax approach in his 2021 book Value(s), raising questions about how long his reprieve will last. He has suggested raising carbon taxes on industry, which would worsen Canada’s competitive disadvantage.

In contrast, Conservative leader Pierre Poilievre argued that extracting and exporting Canadian oil and gas could displace higher-carbon-emitting energy sources elsewhere, helping to reduce global emissions.

This approach makes more sense than imposing disproportionately high tax burdens on Canadians. Taxes won’t save the world.

Lee Harding is a research fellow for the Frontier Centre for Public Policy.

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