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Energy

First Nation wants reasons for Trans Mountain ruling; says it’s entitled to appeal

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In this photograph taken with a drone, workers lay pipe during construction of the Trans Mountain pipeline expansion on farmland, in Abbotsford, B.C., on Wednesday, May 3, 2023. A B.C. First Nation is asking the Canada Energy Regulator to release its reasons as soon as possible for allowing a modification of the Trans Mountain pipeline’s route.THE CANADIAN PRESS/Darryl Dyck

By Amanda Stephenson in Calgary

A B.C. First Nation is asking the Canada Energy Regulator to release its reasons as soon as possible for allowing a modification of the Trans Mountain pipeline’s route.

In a letter to the regulator dated Wednesday, a lawyer representing the Stk’emlúpsemc te Secwépemc Nation (SSN) said the decision to grant the route deviation Monday without providing its reasons has left the First Nation without the ability to decide its next steps.

The letter said the First Nation has the right to request a reconsideration of the decision, or to appeal it through the Federal Court of Appeal.

“This has, in fact, created significant uncertainty for SSN and left SSN without the procedural options that would otherwise be afforded to it with the potential for irreparable harm to its rights and title as a result,” the letter states.

The Canada Energy Regulator ruled Monday to allow Trans Mountain Corp. to alter the route slightly for a 1.3-kilometre stretch of pipeline in the Jacko Lake area near Kamloops, B.C.

It said it would release its reasons for the decision in the coming weeks.

Trans Mountain Corp, a Crown corporation, had requested the change because of what it said were engineering difficulties in the area related to the construction of a tunnel.

The company had warned that being forced to stick to its original route and construction method could result in up to a nine-month delay in the pipeline’s completion, as well as an additional $86 million more in project costs.

Trans Mountain had been hoping to have the pipeline completed by early 2024.

But the Stk’emlúpsemc te Secwépemc Nation, whose traditional territory the pipeline crosses and who had only agreed to the originally proposed route, opposed Trans Mountain’s application.

The First Nation has said the new route threatens to disturb land that has spiritual and cultural significance.

The First Nation’s lawyer said in the letter Wednesday that Trans Mountain has indicated it wants to break ground on the new route on Oct. 2.

The Trans Mountain pipeline is Canada’s only pipeline system transporting oil from Alberta to the West Coast. The expansion, which is currently underway, will boost the pipeline’s capacity to 890,000 barrels per day (bpd) from 300,000 bpd.

The pipeline — which was bought by the federal government for $4.5 billion in 2018 after previous owner Kinder Morgan Canada Inc. threatened to scrap the expansion project in the face of environmentalist opposition and regulatory hurdles — has already been plagued by construction-related challenges and delays.

Its projected price tag has also soared: first to $12.6 billion, then to $21.4 billion and most recently to $30.9 billion.

This report by The Canadian Press was first published Sept. 28, 2023.

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How Iran Could Shake Up Global Economy In Response To US Strikes

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From the Daily Caller News Foundation

By Audrey Streb

Iran is reportedly weighing blocking a key commercial choke point known as the Strait of Hormuz, a move that could drive up energy costs in the U.S. and across the globe, according to energy sector experts who spoke with the Daily Caller News Foundation.

Israel began to bombard Iran to eliminate the Islamic Republic’s ability to build a nuclear weapon on June 13, and the U.S. carried out “Operation Midnight Hammer” on Saturday night, bombing three of Iran’s nuclear facilities. While Iran’s parliament has reportedly voted to close the Strait of Hormuz in a retaliatory move to choke the world’s oil supply in response to the American strikes, the U.S. is well-positioned to combat the inevitable energy cost spike that would follow if Iran succeeds, sector experts told the DCNF.

“The escalating conflict between Iran and Israel is already putting upward pressure on oil and natural gas prices—and that pressure will intensify if the Strait of Hormuz is blocked,” Trisha Curtis, an economist at the American Energy Institute, told the DCNF. “This kind of disruption would send global prices higher and tighten supply chains. Fortunately, the U.S. is well-positioned to respond — our domestic production strength and growing export infrastructure make American oil and natural gas increasingly indispensable to global markets.”

Iran does not have the legal authority to halt traffic through the strait, meaning it would need to usurp control through force or the threat of force, according to legal scholars and multiple reports. The Iranian parliament’s reported move to block the Strait on Sunday awaits final approval by Iran’s Supreme Council, according to Iran’s Press TV.

The Strait is only 35 to 60 miles wide and connects the Persian Gulf to the Indian Ocean, flowing past Iran, the United Arab Emirates and Oman. The thoroughfare is vital for global trade, as tankers carried one fifth of the world’s oil supply through the Strait of Hormuz in 2024 and the first quarter of 2025, according to data from the U.S. Energy Information Administration.

Roughly 20 million barrels of oil pass through the Strait of Hormuz on a daily basis, Curtis noted. Some liquified natural gas (LNG) exports would also be blocked if the Strait of Hormuz were closed, she said.

Iran has reportedly been warning that it could close the strait for weeks, with one Iranian lawmaker and a member of the parliament’s National Security Committee presidium both quoted as saying that Iran could respond to enemy attacks by disturbing the West’s oil supply. Maritime agencies and the U.K. Navy have advised ships to avoid the Strait in recent weeks, given the potential threat.

Other energy experts pointed to how the Russia-Ukraine war led to a worldwide spike in energy costs.

“Energy markets do not like war — they particularly do not like war in the Middle East,” Marc Morano, author and the head of Climate Depot told the DCNF. Morano noted that the impact of the war did not immediately spike energy costs in the U.S. and abroad, though further escalation could spike them — especially Iran moving to block the Strait. “Even rumors of a blockade could instill fear into energy markets and drive prices up,” Morano said.

Despite the threat of shipping through the Strait of Hormuz being blocked, the U.S. has some cushion, given that it is a net exporter of oil and gas, according to energy sector experts.

President Donald Trump has promoted a pro-energy-growth agenda that paves the way for domestic oil and gas expansion, which positions the U.S. to withstand intense conflict escalations or even the closure of the Strait, energy sector experts told the DCNF.

Such a blockage would make US oil and gas exports more important. It underscores the importance of Trump’s agenda — to open Alaska and other areas to energy production, to speed up infrastructure permitting, and to increase exports to our allies,” director of the Heritage Foundation’s Center for Energy, Climate, and Environment Diana Furchtgott-Roth told the DCNF.

Though the U.S. still imports oil from some nations in the Middle East, including those that use the Strait of Hormuz, the U.S. has the capacity to become the dominant oil producer, energy sector experts told the DCNF.

If Iran were to close the Strait it would amount to “economic suicide” as the nation’s economy is reliant on Hormuz, both Vice President JD Vance and Secretary of State Marco Rubio said in interviews on Sunday.

James Taylor, president of the Heartland Institute, told the DCNF that any disruption in the oil markets would lead to price increases, which only highlights the need for pro-energy policies domestically.

“It is very important for American policymakers to support rather than impede American oil production because America, as a dominant energy producer, will be largely immune to such political crises,” Taylor said. “In fact, if America is a dominant oil producer and Iran takes steps to shock the oil markets, America would benefit and Iran’s nefarious plan would backfire.”

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Energy Policies Based on Reality, Not Ideology, are Needed to Attract Canadian ‘Superpower’ Level Investment – Ron Wallace

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From Energy Now

By Ron Wallace

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OPEC Secretary-General Haitam Al Ghais recently delivered a message in Alberta that energy policies should be “based on reality, not ideology.”  These comments are particularly relevant to Canada given the history of the past decade and the future policy path being proposed by the Carney government. Secretary Al Ghais cited studies from the IEA that noted in the past decade global investment in “clean energy” has approached $17 trillion with the result that renewable sources currently supply less than 4% of the world’s energy.  Meanwhile, initiatives such as the introduction of EV’s, which apparently continues as a priority policy for Canada, have reached a total global penetration rate of less than 4% as electric cars are increasingly losing their appeal among new drivers in Western nations.

Considering an annual estimated cost of USD $640 billion required to maintain and secure global energy sources, the Secretary-General stressed the importance of “consistent messaging” for capital investment markets as they prepare to meet future energy demands through to 2050.  By that time OPEC foresees oil and gas comprising more than 53% of the global energy mix with predictions that global oil demand will rise to more than 120 million barrels per day (mb/d) from the104 mb/d today. As for Alberta, he noted:

“Alberta’s success fits with the inclusive all-energies, all-technologies and all-peoples energy futures that OPC continues to advocate for – one based on realities, not ideologies such as unrealistic net zero targets that fixated on deadlines and dismissed certain energies.”

These words are highly relevant for Alberta and Canada, coming precisely at a time when the Federal government is debating new legislation (Bill C-5) that seeks to accelerate regulatory processes for selected projects. It remains to be seen if this approach will lead to heightened co-operation between Federal and provincial governments.

Federal aspirations, largely focused on Natural Resources Minister Tim Hodgson will quickly be tested by an increasingly impatient Alberta government that has announced plans to entice a private-sector player to build a major crude pipeline to coastal waters. In that regard, Premiers from Alberta and Saskatchewan are increasingly advocating for the repeal of policies like the West Coast tanker ban and net-zero electricity regulations, as they press for the development of defined energy corridors to access tidewaters noting that: “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.” As Premier Moe has argued, if Canada scrapped policies such as proposed caps on oil and gas emissions Saskatchewan, which is currently Canada’s second-largest oil-producing province, could double its annual oil production.

It is more than ironic that controversial legislation currently being fast-tracked through the House (Bill C-5) effectively admits that the raft of Acts and Regulations enacted under the Trudeau government constitute material barriers to national development. The federal government, instead of repealing, or substantially amending that legislation some of which is being challenged, has received tough love from the Supreme Court, instead proposes to give Cabinet the power to suspend the IAA and several other key Acts in order to speed the process of issuing development applications and permits. By not doing the heavy lifting in Parliament needed to repeal or modify the burdensome legislative mandates enacted over the past decade, Carney’s remarkable approach instead chooses to circumvent that legislative base with the arbitrary suspensions of selected laws.

Meanwhile, Bill C-5 has received attention from parliamentarians and Indigenous communities. Former Trudeau-era Justice Minister Wilson-Raybould has commented that Bill C-5 has been developed “behind closed doors” to allow the federal government to “make decisions and build projects on its own terms, at its own pace and based on rules that it choses to make up as they go along.”  Their concern is that the proposed law would give unprecedented powers to the federal cabinet to fast-track projects that the Cabinet defines as being in “national interest” allowing them to sidestep Canadian laws such as the Indian Act, Fisheries Act, Migratory Birds Convention Act and Canadian Environment Protection Act. Assumptions that the Act is being designed to facilitate oil and gas, as opposed to renewable energy, projects remain to be seen.

Recall that there remains long-simmering federal-provincial tensions rooted in jurisdictional disputes over the Impact Assessment Act (IAA) (or Bill C-69) which the Supreme Court of Canada (SCC) ruled as having parts that constituted an unconstitutional, “impermissible intrusion“ federal overreach into provincial jurisdiction. Subsequently, the Federal Court overturned Canada’s ban on single-use plastic having deemed that policy to be “unreasonable and unconstitutional”. The federal Clean Electricity Regulations (published in November 2024) are strongly opposed by Alberta which in April 2025 filed a reference case with the Alberta Court of Appeal to challenge the constitutionality of those Regulations with arguments that Canada’s constitution under Section 92A grants exclusive jurisdiction to the province for the generation and production of electrical energy.

Instead of providing regulatory and investment certainty the federal government has chosen to advance Bill C-5 that introduces more, not less, uncertainty into the Canadian energy development and regulatory process. One should ask: Does a process designed to over-ride existing laws and statutes operated by a closed Cabinet that reaches decisions based on “criteria” set by Ottawa, provide enhanced investment certainty for proponents of major energy projects?

Alternatively, would it not be better to amend or repeal existing, punitive federal laws and regulations, starting with those that are presently being actively challenged by the provinces in the courts? Canada needs to ask itself if, with this legislation, we will achieve the “consistent messaging” required to attract the capital investment for energy projects as was highlighted by the Secretary-General.


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

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