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Canadian policymakers should quickly rethink our energy and climate policies

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7 minute read

From the Fraser Institute

By Ross McKitrick

In the wee hours of Nov. 6, Donald Trump provided a subtle but clear signal about the direction he will pursue as president regarding climate policies. In his victory speech he gave a nod to Robert F. Kennedy Jr.’s decision to join forces with MAGA saying, “He wants to do some things, and we’re gonna let him go to it. I just said, but Bobby, leave the oil to me. We have more liquid gold, oil and gas. We have more liquid gold than any country in the world. More than Saudi Arabia. We have more than Russia. Bobby, stay away from the liquid gold.”

People need to understand that Trump 2.0 is a different entity. He did not build his comeback movement by pandering or watering down his priorities. He reached out and either won people over to his side or sent them packing. A major example of this was Elon Musk, who during the first Trump administration resigned from the White House business advisory council to protest Trump’s withdrawal from the Paris climate treaty. Now Musk is all-in on MAGA and is set to play a lead role in a major downsizing of the administration.

When Trump secured the endorsement of Bobby Kennedy it was based on issues on which they could find agreement, including anti-corruption efforts and addressing the chronic disease burden. But Kennedy had to leave his environmentalism at the door, at least the climate activist part of it.

Trump’s remarks about energy during the campaign were unmistakeable. When he made the quip  about wanting to be dictator for a day it was to close the border and “drill drill drill.” When asked how he would reduce the cost of living he said he would rapidly expand energy production with a target of cutting energy costs by at least 50 per cent. And on election night he reiterated: the United States has the oil, the liquid gold, and they’re going to use it.

U.S. climate policy will soon no longer be a thing. The Biden administration chose to focus on extravagant green energy subsidies under the Inflation Reduction Act. They were easy to bring in and will be just as easy for Trump to eliminate, especially the ones targeted at Democrat special interest groups. The incoming Trump administration will not settle simply for stalling on new climate action, it’s more likely to try to dismantle the entire climate bureaucracy.

In 2016 Trump did not understand the Washington bureaucracy and its ability to thwart a president’s plans. He learned many hard lessons merely trying to survive lawfare, resistance and open insubordination. It took three years for him to get a few people installed in senior positions in the climate area who could begin to push back against the vast regulatory machinery. But they simply did not have the time nor the capacity to get anything done.

This time should be different. Trump’s team has spent years developing legal and regulatory strategies to bring full executive authority back to the Oval Office so it can execute on plans quickly and efficiently. His top priority is hydrocarbon development and his team is in no mood for compromise. As to the climate issue, Trump recently remarked “Who the hell cares?”

That’s the reality. Now policymakers in Canada must decide what will be appropriate to ask of Canadians in terms of shouldering the costs of climate policies.

There’s one legal issue that Trump has thus far not addressed but that his administration will need to confront if it wants to drill drill drill. There has been an explosion of climate liability lawsuits in U.S. courts, where states, municipalities and activist groups sue major players in the fossil fuel industry demanding massive financial damages for alleged climate harms. There’s even a new branch of climate science called Extreme Event Attribution, which was explicitly developed to promote flimsy and arbitrary statistical analyses that support climate liability cases. Such cases are also popping up in Canada, including the Mathur case in Ontario, which the appellate court recently brought back from defeat.

Both Canada and the U.S. must act at the legislative level to extinguish climate liability in law. There is no good argument for letting this play out in the courts. The cases are prima facie preposterous: the emitters of carbon dioxide are the fuel users, not the producers, so liability—if it exists—should be attached to consumers. But then we would have an unworkable situation where everyone is liable to everyone, each person equally a victim and a tortfeasor. Climate policy belongs in the legislature not the courts and the “climate liability” movement is simply a massive waste of time and resources. It must be stopped.

Canada was already out of step with the U.S. in its mad pursuit of the federal Emission Reduction Plan. While the carbon tax is top of mind for voters, it’s but a small part of a larger and costlier regulatory onslaught, most recently supplemented by a new emissions cap on the western oil and gas sector. With the U.S. poised to sharply change direction, Canada now needs a complete rethink of our own energy and climate policies.

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Alberta

Alberta Premier Danielle Smith Discusses Moving Energy Forward at the Global Energy Show in Calgary

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From Energy Now

At the energy conference in Calgary, Alberta Premier Danielle Smith pressed the case for building infrastructure to move provincial products to international markets, via a transportation and energy corridor to British Columbia.

“The anchor tenant for this corridor must be a 42-inch pipeline, moving one million incremental barrels of oil to those global markets. And we can’t stop there,” she told the audience.

The premier reiterated her support for new pipelines north to Grays Bay in Nunavut, east to Churchill, Man., and potentially a new version of Energy East.

The discussion comes as Prime Minister Mark Carney and his government are assembling a list of major projects of national interest to fast-track for approval.

Carney has also pledged to establish a major project review office that would issue decisions within two years, instead of five.

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Alberta

Punishing Alberta Oil Production: The Divisive Effect of Policies For Carney’s “Decarbonized Oil”

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From Energy Now

By Ron Wallace

The federal government has doubled down on its commitment to “responsibly produced oil and gas”. These terms are apparently carefully crafted to maintain federal policies for Net Zero. These policies include a Canadian emissions cap, tanker bans and a clean electricity mandate.

Following meetings in Saskatoon in early June between Prime Minister Mark Carney and Canadian provincial and territorial leaders, the federal government expressed renewed interest in the completion of new oil pipelines to reduce reliance on oil exports to the USA while providing better access to foreign markets.  However Carney, while suggesting that there is “real potential” for such projects nonetheless qualified that support as being limited to projects that would “decarbonize” Canadian oil, apparently those that would employ carbon capture technologies.  While the meeting did not result in a final list of potential projects, Alberta Premier Danielle Smith said that this approach would constitute a “grand bargain” whereby new pipelines to increase oil exports could help fund decarbonization efforts. But is that true and what are the implications for the Albertan and Canadian economies?


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The federal government has doubled down on its commitment to “responsibly produced oil and gas”. These terms are apparently carefully crafted to maintain federal policies for Net Zero. These policies include a Canadian emissions cap, tanker bans and a clean electricity mandate. Many would consider that Canadians, especially Albertans, should be wary of these largely undefined announcements in which Ottawa proposes solely to determine projects that are “in the national interest.”

The federal government has tabled legislation designed to address these challenges with Bill C-5: An Act to enact the Free Trade and Labour Mobility Act and the Building Canada Act (the One Canadian Economy Act).  Rather than replacing controversial, and challenged, legislation like the Impact Assessment Act, the Carney government proposes to add more legislation designed to accelerate and streamline regulatory approvals for energy and infrastructure projects. However, only those projects that Ottawa designates as being in the national interest would be approved. While clearer, shorter regulatory timelines and the restoration of the Major Projects Office are also proposed, Bill C-5 is to be superimposed over a crippling regulatory base.

It remains to be seen if this attempt will restore a much-diminished Canadian Can-Do spirit for economic development by encouraging much-needed, indeed essential interprovincial teamwork across shared jurisdictions.  While the Act’s proposed single approval process could provide for expedited review timelines, a complex web of regulatory processes will remain in place requiring much enhanced interagency and interprovincial coordination. Given Canada’s much-diminished record for regulatory and policy clarity will this legislation be enough to persuade the corporate and international capital community to consider Canada as a prime investment destination?

As with all complex matters the devil always lurks in the details. Notably, these federal initiatives arrive at a time when the Carney government is facing ever-more pressing geopolitical, energy security and economic concerns.  The Organization for Economic Co-operation and Development predicts that Canada’s economy will grow by a dismal one per cent in 2025 and 1.1 per cent in 2026 – this at a time when the global economy is predicted to grow by 2.9 per cent.

It should come as no surprise that Carney’s recent musing about the “real potential” for decarbonized oil pipelines have sparked debate. The undefined term “decarbonized”, is clearly aimed directly at western Canadian oil production as part of Ottawa’s broader strategy to achieve national emissions commitments using costly carbon capture and storage (CCS) projects whose economic viability at scale has been questioned. What might this mean for western Canadian oil producers?

The Alberta Oil sands presently account for about 58% of Canada’s total oil output. Data from December 2023 show Alberta producing a record 4.53 million barrels per day (MMb/d) as major oil export pipelines including Trans Mountain, Keystone and the Enbridge Mainline operate at high levels of capacity.  Meanwhile, in 2023 eastern Canada imported on average about 490,000 barrels of crude oil per day (bpd) at a cost estimated at CAD $19.5 billion.  These seaborne shipments to major refineries (like New Brunswick’s Irving Refinery in Saint John) rely on imported oil by tanker with crude oil deliveries to New Brunswick averaging around 263,000 barrels per day.  In 2023 the estimated total cost to Canada for imported crude oil was $19.5 billion with oil imports arriving from the United States (72.4%), Nigeria (12.9%), and Saudi Arabia (10.7%).  Since 1988, marine terminals along the St. Lawrence have seen imports of foreign oil valued at more than $228 billion while the Irving Oil refinery imported $136 billion from 1988 to 2020.

What are the policy and cost implication of Carney’s call for the “decarbonization” of western Canadian produced, oil?  It implies that western Canadian “decarbonized” oil would have to be produced and transported to competitive world markets under a material regulatory and financial burden.  Meanwhile, eastern Canadian refiners would be allowed to import oil from the USA and offshore jurisdictions free from any comparable regulatory burdens. This policy would penalize, and makes less competitive, Canadian producers while rewarding offshore sources. A federal regulatory requirement to decarbonize western Canadian crude oil production without imposing similar restrictions on imported oil would render the One Canadian Economy Act moot and create two market realities in Canada – one that favours imports and that discourages, or at very least threatens the competitiveness of, Canadian oil export production.


Ron Wallace is a former Member of the National Energy Board.

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