Alberta
Alberta fighting federal “unconstitutional intrusion” into provincial jurisdiction
Alberta to fight federal plastics ban once more
Alberta’s government will continue defending the province’s constitutional jurisdiction and economy by intervening in Ottawa’s appeal of the Federal Court’s ruling on plastics.
On Nov. 16, the Federal Court of Canada ruled that the federal order-in-council classifying plastics as toxic is not only unreasonable but unconstitutional. The federal government has chosen to appeal this decision, ignoring calls from Alberta and others to accept the court’s decision.
As a result, Alberta’s government will participate in the appeal and will argue that the federal government’s decision to label plastic as a “toxic substance” is an unconstitutional intrusion into provincial jurisdiction.
“It is past time for Ottawa to listen. We have told them they are overreaching their jurisdiction, the private sector has told them so, and so have both the Supreme Court and the Federal Court. Ottawa cannot assume regulatory authority over any substance simply by designating it as toxic. We will continue to push back against Ottawa’s unconstitutional actions, including through this legal action, until they listen.”
The toxic designation and bans have also had a detrimental impact on Alberta’s economy. Alberta’s Industrial Heartland Association estimates the designation will potentially jeopardize more than $30 billion in capital investment in the petrochemical sector by 2030. Those risks would also put Albertan and Canadian workers at risk of losing their jobs.
“The Federal Court clearly ruled that the federal government’s plastics ban policies were unconstitutional. The federal government’s environmental policies and constitutional overreach have been heavily criticized and this ruling further confirms the indisputable nature of provincial jurisdiction in these matters. We are intervening in this appeal and will continue to participate wherever and whenever necessary to protect Alberta’s interests.”
In addition to intervening in the appeal, Alberta will monitor any further legal action taken to remove plastic manufactured items from the current Schedule 1 of the Canadian Environmental Protection Act. Several Calgary-based companies producing compostable plastic bags are now caught in the ban and will be barred from supplying Calgarians with low-emissions alternatives to traditional plastic shopping bags.
“Instead of listening to the courts and to Canadians, the federal government has chosen overreach once again. We will continue standing up for our constitutional jurisdiction while focusing on more effective ways to reduce plastic waste and keep it out of landfills.”
Alberta is committed to reducing plastic waste through initiatives like extended producer responsibility, which encourages businesses to find new ways to recycle materials and reduce waste. The province also advocates for strategies that create economies of scale, promote recycled content and develop local markets for transformed plastic waste.
Quick facts
- On April 23, 2021, the administrator in council issued an order-in-council directing that “plastic manufactured items” be added to Schedule 1 of the Canadian Environmental Protection Act, 1999 (CEPA).
- The category of plastic manufactured items includes every piece of plastic that enters Alberta.
- Once a substance is designated as toxic under CEPA, CEPA allows the federal government to make regulations regulating every aspect of that substance’s life, from manufacture to sale to use and to disposal.
- Canada subsequently enacted the Single-use Plastics Prohibition Regulations (SUPPR) prohibiting the manufacture, import and sale of six single-use plastics. SUPPR is only valid if “plastic manufactured items” is listed as toxic on Schedule 1 of CEPA.
- The Responsible Plastic Use Coalition, Dow, Imperial Oil and Nova applied for a judicial review of the order. They challenged it as unreasonable on administrative law grounds and as unconstitutional on division of powers grounds.
- On Sept. 7, 2022, Alberta intervened in the application to address the constitutional questions. Saskatchewan intervened on Oct. 24, 2022.
- The application was heard March 7-9, 2023, and the court reserved its decision.
- On Nov. 16, the federal Court of Canada issued its decision. Justice Angela Furlanetto concluded that the order adding “plastic manufactured items” to the Schedule 1 was both unreasonable from an administrative law perspective, and unconstitutional.
Alberta
Fortis et Liber: Alberta’s Future in the Canadian Federation
From the C2C Journal
By Barry Cooper, professor of political science, University of Calgary
Canada’s western lands, wrote one prominent academic, became provinces “in the Roman sense” – acquired possessions that, once vanquished, were there to be exploited. Laurentian Canada regarded the hinterlands as existing primarily to serve the interests of the heartland. And the current holders of office in Ottawa often behave as if the Constitution’s federal-provincial distribution of powers is at best advisory, if it needs to be acknowledged at all. Reviewing this history, Barry Cooper places Alberta’s widely criticized Sovereignty Act in the context of the Prairie provinces’ long struggle for due constitutional recognition and the political equality of their citizens. Canada is a federation, notes Cooper. Provinces do have rights. Constitutions do mean something. And when they are no longer working, they can be changed.
Alberta
30 million contraband cigarettes valued at $25 million dollars seized in Alberta
New release from Alberta Gaming Liquor and Cannabis (AGLC)
Record setting contraband tobacco seizures result from AGLC investigations
Alberta Gaming Liquor and Cannabis (AGLC) recently concluded several investigations which netted two of the largest contraband tobacco seizures in Alberta history. The combined total of the contraband tobacco seized was 154,800 cartons of contraband cigarettes (30.7 million individual cigarettes). These seizures are a result of the work conducted by AGLC’s Tobacco Enforcement Unit with the assistance of provincial law enforcement agencies.
- In a January 2024 investigation, approximately 43,500 cartons (8.7 million individual cigarettes) were seized. This equates to $7 million in retail value with a provincial tax avoidance of $2.4 million. This included the seizure of 15,000 grams of contraband shisha.
- In April of 2024, 60 wrapped pallets were seized from a warehouse setting netting a total of 111,300 cartons of contraband cigarettes (22 million individual cigarettes) which equates to over $18 million in retail value with a provincial tax avoidance of $6.6 million.
- Criminal Charges are pending in both cases.
“These are significant contraband tobacco investigations involving individuals that are part of organized networks whose proceeds defraud Albertans millions of dollars in tax revenue. AGLC will continue to work with our partners to investigate and disrupt the individuals and organizations involved in these illegal activities as part our commitment to a strong contraband tobacco enforcement program in Alberta.”
- Gary Peck, Vice President, Regulatory Services, AGLC
“Contraband tobacco hurts law abiding businesses that follow the rules, and it costs Albertans millions each year from lost tax revenue. Our government is committed to keeping illegal tobacco off the streets and ensuring that the sale of tobacco products comply with the law.”
- Dale Nally, Minister of Service Alberta and Red Tape Reduction
Over the last nine months, AGLC’s Tobacco Enforcement unit has seized an estimated 35 million contraband cigarettes and 115,000 grams of contraband shisha from across the province. The total potential lost tax revenue is estimated to be more than $10.1 million.
Contraband tobacco:
- is any tobacco product that does not comply with federal and provincial laws related to importation, marking, manufacturing, stamping and payment of duties and taxes;
- comes from four main sources: illegal manufacturers, counterfeits, tax-exempt diversions and resale of stolen legal tobacco; and
- can be recognized by the absence of a red (Alberta) or peach/light tan (Canada) stamp bearing the “DUTY PAID CANADA DROIT ACQUITTÉ” on packages of cigarettes and cigars or pouches of tobacco.
In addition to lost revenues that may otherwise benefit Albertans, illegally manufactured products also pose public health and safety risks as they lack regulatory controls and inspections oversight.
Albertans who suspect illegal tobacco production, packaging and/or trafficking are encouraged to contact AGLC’s Tobacco Enforcement Unit at 1-800-577-2522 or Crime Stoppers at 1-800-222-TIPS (8477).
Under a Memorandum of Understanding with Alberta Treasury Board and Finance, AGLC enforces the Tobacco Tax Act and conducts criminal investigations related to the possession, distribution and trafficking of contraband tobacco products. In 2022-23, provincial revenue from tobacco taxes was approximately $522 million.
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