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Energy

First Nations Buy Into Pipelines

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9 minute read

From the Frontier Centre for Public Policy

By Brian Zinchuk

“Meaningful Indigenous participation in our resource economy is maturing. At first, First Nations used to ask for compensation, the jobs, and then for the contracts that created those jobs, Now they seek purchase equity in the project itself. Soon they will create the project and seek others to invest in it. Then they will have real economic power.”

It’s taken years to get here, but there’s a new trend in Canada’s pipeline industry, and it couldn’t come soon enough. That’s because the path we’ve been on until now has been one to ruin.

On July 30, TC Energy announced it was in the process of selling 5.34 per cent of its Nova Gas Transmission Ltd. (NGTL) System and the Foothills Pipeline assets for a gross purchase price of $1 billion. “The Agreement is backed by the Alberta Indigenous Opportunities Corporation (AIOC) and was negotiated by a consortium committee (Consortium) representing specific Indigenous Communities (Communities) across Alberta, British Columbia and Saskatchewan. This results in an implied enterprise value of approximately $1.65 billion, inclusive of the proportionate share of the Partnership Assets’ collective debt,” TC Energy said.

This comes a few months after its March 14 announcement to sell “all outstanding shares in Prince Rupert Gas Transmission Holdings Ltd. and the limited partnership interests in Prince Rupert Gas Transmission Limited Partnership (collectively, PRGT). PRGT is a wholly owned subsidiary of TC Energy and the developer of a natural gas pipeline project in British Columbia and potential delivery corridor that would further unlock Canada as a secure, affordable and sustainable source of LNG.”

The Nova system sale is significant. It’s the principal natural gas gathering system throughout Alberta and a bit into B.C. In addition to supplying Alberta with its gas needs, Nova, in turn, feeds the TC Energy Mainline. It also supplies Saskatchewan via Many Islands Pipe Lines and TransGas, both subsidiaries of SaskEnergy. And since Saskatchewan’s domestic gas production keeps falling, we now rely heavily on Alberta gas to keep our furnaces lit and our new gas fired power plants turning, keeping the lights on. When you look at the Nova map, it’s basically the map of Alberta.

Some of the most significant difficulties in getting major pipeline projects built in this country over the last 16 years has been Indigenous opposition. One of the first stories I wrote about with Pipeline News during the summer of 2008 was a First Nations protest on the Enbridge right of way at Kerrobert, complete with a teepee. That was for the Alberta Clipper project, but it was relatively quickly resolved.

Then there was Enbridge’s Northern Gateway project, which was approved by the Conservative federal government but halted by the courts because of insufficient Indigenous consultation. It was ultimately killed very early into the Trudeau-led Liberal administration, when he said, “The Great Bear Rainforest was no place for a pipeline, a crude pipeline.”

Northern Gateway would have terminated at Kitimat. Yet, curiously enough, that same forest had to be crossed to built the TC Energy Coastal GasLink project. It went grossly overbudget in no small part due to delays and resistance in every manner possible from the Wet’suweten in northern B.C. As Canadian Press reported on Dec. 11, 2023, “By the time the pipeline was finished, its estimated construction cost had ballooned from $6.6 billion to $14.5 billion.”

And then there was Trans Mountain Expansion. It had opposition from the BC government, City of Burnaby, and everyone who could apply a Sharpie marker to a Bristol board. But Indigenous opposition was a major factor. As Pipeline Online reported via the Canadian Press, “The project’s $34-billion price tag has ballooned from a 2017 estimate of $7.4 billion, with Trans Mountain Corp. blaming the increase on “extraordinary” factors including evolving compliance requirements, Indigenous accommodations, stakeholder engagement, extreme weather and the COVID-19 pandemic.”

By this spring, the number was $34 billion, and I anticipate its final cost will be higher still.

Maturing

There’s been a big change in recent years, not just in pipelines, but in other energy industries like wind and solar. That change had gone from consultation to jobs to equity investment.

The word used almost always is “reconciliation.” That can be a loaded word in many ways, Some feel it will heal wounds, and right past wrongs, or at least try to. Others would say it’s a form of extortion. And some take issue with racial overtones. But here’s something I heard this week that makes a lot of sense:

“Meaningful Indigenous participation in our resource economy is maturing. At first, First Nations used to ask for compensation, the jobs, and then for the contracts that created those jobs, Now they seek purchase equity in the project itself. Soon they will create the project and seek others to invest in it. Then they will have real economic power.”

That’s what Steve Halabura, professional geologist, told me. And he would know, since he’s been working with First Nations on this economic development front.

And you see that in the timeline I laid out. The 2008 protests were very much about compensation and jobs. Trans Mountain Expansion saw significant First Nations’ owned and operated firms awarded contracts. And now, they’re buying equity positions.

You know what? If First Nations bands, and people, do indeed become owners in these resource companies and infrastructure, if it helps pay for housing and water treatment plants, if it means meaningful work and paycheques, are they likely to fight the next project tooth and nail? Or will they want to be a part of it?

And think of it this way – if we could have gotten to this point ten years ago, maybe these projects might have gone much more smoothly. Maybe their final costs wouldn’t have been double, or quadruple, the original budget. When you think of it in that perspective – if a billion dollar equity stake meant Coastal GasLink could have cost $5 billion less, would it have been worth it to bring First Nations in as equity partners?

Some will say that’s extortion. Others would say it’s justice, or reconciliation. But maybe, just maybe, this is how we move forward, and everyone in the end wins. And maybe then Canada can, once again, build great things.

Brian Zinchuk is editor and owner of Pipeline Online and occasional contributor to the Frontier Centre for Public Policy. He can be reached at [email protected].

Carbon Tax

Carney fails to undo Trudeau’s devastating energy policies

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From the Fraser Institute

By Tegan Hill and Elmira Aliakbari

On the campaign trail and after he became prime minister, Mark Carney has repeatedly promised to make Canada an “energy superpower.” But, as evidenced by its first budget, the Carney government has simply reaffirmed the failed plans of the past decade and embraced the damaging energy policies of the Trudeau government.

First, consider the Trudeau government’s policy legacy. There’s Bill C-69 (the “no pipelines act”), the new electricity regulations (which aim to phase out natural gas as a power source starting this year), Bill C-48 (which bans large oil tankers off British Columbia’s northern coast and limit Canadian exports to international markets), the cap on emissions only from the oil and gas sector (even though greenhouse gas emissions have the same effect on the environment regardless of the source), stricter regulations for methane emissions (again, impacting the oil and gas sector), and numerous “net-zero” policies.

According to a recent analysis, fully implementing these measures under Trudeau government’s emissions reduction plan would result in 164,000 job losses and shrink Canada’s economic output by 6.2 per cent by the end of the decade compared to a scenario where we don’t have these policies in effect. For Canadian workers, this will mean losing $6,700 (annually, on average) by 2030.

Unfortunately, the Carney government’s budget offers no retreat from these damaging policies. While Carney scrapped the consumer carbon tax, he plans to “strengthen” the carbon tax on industrial emitters and the cost will be passed along to everyday Canadians—so the carbon tax will still cost you, it just won’t be visible.

There’s also been a lot of buzz over the possible removal of the oil and gas emissions cap. But to be clear, the budget reads: “Effective carbon markets, enhanced oil and gas methane regulations, and the deployment at scale of technologies such as carbon capture and storage would create the circumstances whereby the oil and gas emissions cap would no longer be required as it would have marginal value in reducing emissions.” Put simply, the cap remains in place, and based on the budget, the government has no real plans to remove it.

Again, the cap singles out one source (the oil and gas sector) of carbon emissions, even when reducing emissions in other sectors may come at a lower cost. For example, suppose it costs $100 to reduce a tonne of emissions from the oil and gas sector, but in another sector, it costs only $25 a tonne. Why force emissions reductions in a single sector that may come at a higher cost? An emission is an emission regardless of were it comes from. Moreover, like all these policies, the cap will likely shrink the Canadian economy. According to a 2024 Deloitte study, from 2030 to 2040, the cap will shrink the Canadian economy (measured by inflation-adjusted GDP) by $280 billion, and result in lower wages, job losses and a decline in tax revenue.

At the same time, the Carney government plans to continue to throw money at a range of “green” spending and tax initiatives. But since 2014, the combined spending and forgone revenue (due to tax credits, etc.) by Ottawa and provincial governments in Ontario, Quebec, British Columbia and Alberta totals at least $158 billion to promote the so-called “green economy.” Yet despite this massive spending, the green sector’s contribution to Canada’s economy has barely changed, from 3.1 per cent of Canada’s economic output in 2014 to 3.6 per cent in 2023.

In his first budget, Prime Minister Carney largely stuck to the Trudeau government playbook on energy and climate policy. Ottawa will continue to funnel taxpayer dollars to the “green economy” while restricting the oil and gas sector and hamstringing Canada’s economic potential. So much for becoming an energy superpower.

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Business

Large-scale energy investments remain a pipe dream

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I view the recent announcements by the Government of Canada as window dressing, and not addressing the fundamental issue which is that projects are drowning in bureaucratic red tape and regulatory overburden. We don’t need them picking winners and losers, a fool’s errand in my opinion, but rather make it easier to do business within Canada and stop the hemorrhaging of Foreign Direct Investment from this country.

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Changes are afoot—reportedly, carve-outs and tweaks to federal regulations that would help attract investment in a new oil pipeline from Alberta. But any private proponent to come out of this deal will presumably be handpicked to advance through the narrow Bill C-5 window, aided by one-off fixes and exemptions.

That approach can only move us so far. It doesn’t address the underlying problem.

Anyone in the investment world will tell you a patchwork of adjustments is nowhere near enough to unlock the large-scale energy investment this country needs. And from that investor’s perspective, the horizon stretches far beyond a single political cycle. Even if this government promises clarity today in the much-anticipated memorandum of understanding (MOU), who knows whether it will be around by the time any major proposal actually moves forward.

With all of the talk of “nation-building” projects, I have often been asked what my thoughts are about what we must see from the federal government.

The energy sector is the file the feds have to get right. It is by far the largest component of Canadian exports, with oil accounting for $147 billion in 2024 (20 percent of all exports), and energy as a whole accounting for $227 billion of exports (30 percent of all exports).

A bar chart sponsored by Transport Canada showing Canada's top 10 traded goods in 2024.

Furthermore, we are home to some of the largest resource reserves in the world, including oil (third-largest in proven reserves) and natural gas (ninth-largest). Canada needs to wholeheartedly embrace that. Natural resource exceptionalism is exactly what Canada is, and we should be proud of it.

One of the most important factors that drives investment is commodity prices. But that is set by market forces.

Beyond that, I have always said that the two most important things one considers before looking at a project are the rule of law and regulatory certainty.

The Liberal government has been obtuse when it comes to whether it will continue the West Coast tanker ban (Bill C-48) or lift it to make way for a pipeline. But nobody will propose a pipeline without the regulatory and legal certainty that they will not be seriously hindered should they propose to build one.

Meanwhile, the proposed emissions cap is something that sets an incredibly negative tone, a sentiment that is the most influential factor in ensuring funds flow. Finally, the Impact Assessment Act, often referred to as the “no more pipelines bill” (Bill C-69), has started to blur the lines between provincial and federal authority.

All three are supposedly on the table for tweaks or carve-outs. But that may not be enough.

It is interesting that Norway—a country that built its wealth on oil and natural gas—has adopted the mantra that as long as oil is a part of the global economy, it will be the last producer standing. It does so while marrying conventional energy with lower-carbon standards. We should be more like Norway.

Rather than constantly speaking down to the sector, the Canadian government should embrace the wealth that this represents and adopt a similar narrative.

The sector isn’t looking for handouts. Rather, it is looking for certainty, and a government proud of the work that they do and is willing to say so to Canada and the rest of the world. Foreign direct investment outflows have been a huge issue for Canada, and one of the bigger drags on our economy.

Almost all of the major project announcements Prime Minister Mark Carney has made to date have been about existing projects, often decades in the making, which are not really “additive” to the economy and are reflective of the regulatory overburden that industry faces en masse.

I have always said governments are about setting the rules of the game, while it is up to businesses to decide whether they wish to participate or to pick up the ball and look elsewhere.

Capital is mobile and will pursue the best risk-adjusted returns it can find. But the flow of capital from our country proves that Canada is viewed as just too risky for investors.

The government’s job is not to try to pick winners and losers. History has shown that governments are horrible at that. Rather, it should create a risk-appropriate environment with stable and capital-attractive rules in place, and then get out of the way and see where the chips fall.

Link to The Hub article: Large-scale energy investments remain a pipe dream

Formerly the head of institutional equity research at FirstEnergy Capital Corp and ATB Capital Markets. I have been involved in the energy sector in either the sell side or corporately for over 25 years

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