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Energy

Courts expose Ottawa’s green overreach

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4 minute read

From the Fraser Institute

By Kenneth P. Green

It has been a rough autumn for the Trudeau government. First, the Supreme Court of Canada struck down significant parts of the federal Impact Assessment Act (also known as Bill C-69), ruling the act to be broadly unconstitutional and finding that the government had made the review process ambiguous and overly broad while intruding on provincial authority. Then last week, Canada’s Federal Court struck down the Trudeau government’s ban on single-use plastics finding the government’s classification of “plastic manufactured items” (PMI) as toxic materials under the Canadian Environmental Protection Act (CEPA) to be unsound.

And yet, the Trudeau government has already signalled the next stage in its crusade against plastics. Having banned a limited set of plastics-of-convenience (straws, cutlery, etc.), it plans to ban plastic films and containers used up and down the food chain to keep foods isolated from contamination, protected from pests and destructive oxidation, and cold, which is critical to preventing microbial contamination and spoilage.

One can hope that this second court strike will lead the government to reconsider and preferably scrap its entire “Zero Plastic Waste by 2030” plan, which is deeply flawed. As I showed in a 2022 study published by the Fraser Institute, Canada does not have a significant plastic waste problem. Less than 1 per cent of plastics used in Canada end up as waste in the environment while 99 per cent is safely buried in landfills, recycled or incinerated. Canada is not a measurable part of the world’s plastic pollution problem.

Moreover, the government’s own analysis suggests that pursuing this war on plastics will ultimately lead to greater waste of alternative materials, raising concerns among environmentalists. Even if the Trudeau government’s “Zero Plastic” plan were to work, it would produce an undetectable reduction in the growth of global plastic pollution of three thousandths of one per cent. Remember, this is by the government’s own admission.

And even that small reduction in environmental harm will likely be offset by increased environmental harms due to replacements for the plastic products banned by the government. Again, per the government’s own analysis, “Zero Plastic” regulations are expected to increase the waste generated from substitutes by almost 300,000 tonnes in 2024 and by around 2.9 million tonnes over the full life of the plan (2023 to 2032), mainly driven by paper substitutes.

Bottom line—the Trudeau government’s anti-plastic regulations would keep about 1.5 million tonnes of plastics from entering the waste stream over the course of the program, but would add about 2.9 million tonnes of other materials to the waste stream from the use of substitutes. And increase the costs of waste management in Canada.

The government should take a hint from the two recent court rulings—which found two of its signature environmental initiatives unconstitutional, unreasonable and ill-founded—and take both the Impact Assessment Act and the “Zero Plastic Waste by 2030” plan back to the drawing board. Of course, given federal Environment Minister Steven Guilbeault’s reaction to the Supreme Court ruling—basically, the government doesn’t think it’s doing anything wrong and does not intend to change course—this government is unlikely to make serious efforts at compliance with the new court ruling on plastics. Serious reform will likely have to wait for a change in government.

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Alberta

Alberta’s grand bargain with Canada includes a new pipeline to Prince Rupert

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From Resource Now

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Alberta renews call for West Coast oil pipeline amid shifting federal, geopolitical dynamics.

Just six months ago, talk of resurrecting some version of the Northern Gateway pipeline would have been unthinkable. But with the election of Donald Trump in the U.S. and Mark Carney in Canada, it’s now thinkable.

In fact, Alberta Premier Danielle Smith seems to be making Northern Gateway 2.0 a top priority and a condition for Alberta staying within the Canadian confederation and supporting Mark Carney’s vision of making Canada an Energy superpower. Thanks to Donald Trump threatening Canadian sovereignty and its economy, there has been a noticeable zeitgeist shift in Canada. There is growing support for the idea of leveraging Canada’s natural resources and diversifying export markets to make it less vulnerable to an unpredictable southern neighbour.

“I think the world has changed dramatically since Donald Trump got elected in November,” Smith said at a keynote address Wednesday at the Global Energy Show Canada in Calgary. “I think that’s changed the national conversation.” Smith said she has been encouraged by the tack Carney has taken since being elected Prime Minister, and hopes to see real action from Ottawa in the coming months to address what Smith said is serious encumbrances to Alberta’s oil sector, including Bill C-69, an oil and gas emissions cap and a West Coast tanker oil ban. “I’m going to give him some time to work with us and I’m going to be optimistic,” Smith said. Removing the West Coast moratorium on oil tankers would be the first step needed to building a new oil pipeline line from Alberta to Prince Rupert. “We cannot build a pipeline to the west coast if there is a tanker ban,” Smith said. The next step would be getting First Nations on board. “Indigenous peoples have been shut out of the energy economy for generations, and we are now putting them at the heart of it,” Smith said.

Alberta currently produces about 4.3 million barrels of oil per day. Had the Northern Gateway, Keystone XL and Energy East pipelines been built, Alberta could now be producing and exporting an additional 2.5 million barrels of oil per day. The original Northern Gateway Pipeline — killed outright by the Justin Trudeau government — would have terminated in Kitimat. Smith is now talking about a pipeline that would terminate in Prince Rupert. This may obviate some of the concerns that Kitimat posed with oil tankers negotiating Douglas Channel, and their potential impacts on the marine environment.

One of the biggest hurdles to a pipeline to Prince Rupert may be B.C. Premier David Eby. The B.C. NDP government has a history of opposing oil pipelines with tooth and nail. Asked in a fireside chat by Peter Mansbridge how she would get around the B.C. problem, Smith confidently said: “I’ll convince David Eby.”

“I’m sensitive to the issues that were raised before,” she added. One of those concerns was emissions. But the Alberta government and oil industry has struck a grand bargain with Ottawa: pipelines for emissions abatement through carbon capture and storage.

The industry and government propose multi-billion investments in CCUS. The Pathways Alliance project alone represents an investment of $10 to $20 billion. Smith noted that there is no economic value in pumping CO2 underground. It only becomes economically viable if the tradeoff is greater production and export capacity for Alberta oil. “If you couple it with a million-barrel-per-day pipeline, well that allows you $20 billion worth of revenue year after year,” she said. “All of a sudden a $20 billion cost to have to decarbonize, it looks a lot more attractive when you have a new source of revenue.” When asked about the Prince Rupert pipeline proposal, Eby has responded that there is currently no proponent, and that it is therefore a bridge to cross when there is actually a proposal. “I think what I’ve heard Premier Eby say is that there is no project and no proponent,” Smith said. “Well, that’s my job. There will be soon.  “We’re working very hard on being able to get industry players to realize this time may be different.” “We’re working on getting a proponent and route.”

At a number of sessions during the conference, Mansbridge has repeatedly asked speakers about the Alberta secession movement, and whether it might scare off investment capital. Alberta has been using the threat of secession as a threat if Ottawa does not address some of the province’s long-standing grievances. Smith said she hopes Carney takes it seriously. “I hope the prime minister doesn’t want to test it,” Smith said during a scrum with reporters. “I take it seriously. I have never seen separatist sentiment be as high as it is now. “I’ve also seen it dissipate when Ottawa addresses the concerns Alberta has.” She added that, if Carney wants a true nation-building project to fast-track, she can’t think of a better one than a new West Coast pipeline. “I can’t imagine that there will be another project on the national list that will generate as much revenue, as much GDP, as many high paying jobs as a bitumen pipeline to the coast.”

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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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