Connect with us
[bsa_pro_ad_space id=12]

Energy

New federal law may actually inject more facts into ‘climate’ debate

Published

4 minute read

From the Fraser Institute

By Kenneth P. Green

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.

Todayville is a digital media and technology company. We profile unique stories and events in our community. Register and promote your community event for free.

Follow Author

Economy

Ottawa’s muddy energy policy leaves more questions than answers

Published on

From the Fraser Institute

By Kenneth P. Green

Based on the recent throne speech (delivered by a King, no less) and subsequent periodic statements from Prime Minister Carney, the new federal government seems stuck in an ambiguous and ill-defined state of energy policy, leaving much open to question.

After meeting with the premiers earlier this month, the prime minister talked about “decarbonized barrels” of oil, which didn’t clarify matters much. We also have a stated goal of making Canada the world’s “leading energy superpower” in both clean and conventional energy. If “conventional energy” includes oil and gas (although we’re not sure), this could represent a reversal of the Trudeau government’s plan to phase-out fossil fuel use in Canada over the next few decades. Of course, if it only refers to hydro and nuclear (also forms of conventional energy) it might not.

According to the throne speech, the Carney government will work “closely with provinces, territories, and Indigenous Peoples to identify and catalyse projects of national significance. Projects that will connect Canada, that will deepen Canada’s ties with the world, and that will create high-paying jobs for generations.” That could mean more oil and gas pipelines, but then again, it might not—it might only refer to power transmission infrastructure for wind and solar power. Again, the government hasn’t been specific.

The throne speech was a bit more specific on the topic of regulatory reform and the federal impact assessment process for energy projects. Per the speech, a new “Major Federal Project Office” will ensure the time needed to approve projects will be reduced from the currently statutory limit of five years to two. Also, the government will strike cooperation agreements with interested provinces and territories within six months to establish a review standard of “one project, one review.” All of this, of course, is to take place while “upholding Canada’s world-leading environmental standards and its constitutional obligations to Indigenous Peoples.” However, what types of projects are likely to be approved is not discussed. Could be oil and gas, could be only wind and solar.

Potentially good stuff, but ill-defined, and without reference to the hard roadblocks the Trudeau government erected over the last decade that might thwart this vision.

For example, in 2019 the Trudeau government enacted Bill C-48 (a.k.a. the “Tanker Ban Bill”), which changed regulations for large oil transports coming and going from ports on British Columbia’s northern coast, effectively banning such shipments and limiting the ability of Canadian firms to export to non-U.S. markets. Scrapping C-48 would remove one obstacle from the government’s agenda.

In 2023, the Trudeau government introduced a cap on Canadian oil and gas-related greenhouse gas emissions, and in 2024, adopted major new regulations for methane emissions in the oil and gas sector, which will almost inevitably raise costs and curtail production. Removing these regulatory burdens from Canada’s energy sector would also help Canada achieve energy superpower status.

Finally, in 2024, the Trudeau government instituted new electricity regulations that will likely drive electricity rates through the roof, while ushering in an age of less-reliable electricity supply: a two-handed slap to Canadian energy consumers. Remember, the throne speech also called for building a more “affordable” Canada—eliminating these onerous regulations would help.

In summation, while the waters remain somewhat muddy, the Carney government appears to have some good ideas for Canadian energy policy. But it must act and enact some hard legislative and regulatory reforms to realize the positive promises of good policy.

Continue Reading

Alberta

Unified message for Ottawa: Premier Danielle Smith and Premier Scott Moe call for change to federal policies

Published on

United in call for change: Joint statement

“Wednesday, Alberta’s and Saskatchewan’s governments came together in Lloydminster to make a unified call for national change.

“Together, we call for an end to all federal interference in the development of provincial resources by:

  • repealing or overhauling the Impact Assessment Act to respect provincial jurisdiction and eliminate barriers to nation-building resource development and transportation projects;
  • eliminating the proposed oil and gas emissions cap;
  • scrapping the Clean Electricity Regulations;
  • lifting the oil tanker ban off the northern west coast;
  • abandoning the net-zero vehicle mandate; and
  • repealing any federal law or regulation that purports to regulate industrial carbon emissions, plastics or the commercial free speech of energy companies.

 

“The federal government must remove the barriers it created and fix the federal project approval processes so that private sector proponents have the confidence to invest.

“Starting with additional oil and gas pipeline access to tidewater on the west coast, our provinces must also see guaranteed corridor and port-to-port access to tidewater off the Pacific, Arctic and Atlantic coasts. This is critical for the international export of oil, gas, critical minerals, agricultural and forestry products, and other resources. Accessing world prices for our resources will benefit all Canadians, including our First Nations partners.

“Canada is facing a trade war on two fronts. The People’s Republic of China’s ‘anti-discrimination’ tariffs imposed on Canadian agri-food products have significant impacts on the West. We continue to call on the federal government to prioritize work towards the removal of Chinese tariffs. Recently announced tariff increases, on top of pre-existing tariffs, by the United States on Canadian steel and aluminum products are deeply concerning. We urge the Prime Minister to continue his work with the U.S. administration to seek the removal of all tariffs currently being imposed by the U.S. on Canada.

“Alberta and Saskatchewan agree that the federal government must change its policies if it is to reach its stated goal of becoming a global energy superpower and having the strongest economy in the G7. We need to have a federal government that works with, rather than against, the economic interests of Alberta and Saskatchewan. Making these changes will demonstrate the new Prime Minister’s commitment to doing so. Together, we will continue to fight to deliver on the immense potential of our provinces for the benefit of the people of Saskatchewan and Alberta.”

Continue Reading

Trending

X