Alberta
The USMCA’s self-destruct button: review clause conjures fears of 2018 all over again

WASHINGTON — It’s been less than three years since the U.S.-Mexico-Canada Agreement replaced NAFTA as the law of the land in continental trade, and there are already hints of the existential anxiety that preceded it.
That’s because of the so-called “sunset provision,” a clause that reflects the lingering working-class distrust of globalization in the U.S. that helped Donald Trump get elected president back in 2016.
Article 34.7 of the agreement, the “review and term extension” clause, establishes a 16-year life cycle that requires all three countries to sit down every six years to ensure everyone is still satisfied.
That clock began ticking in the summer of 2020. If it runs out in 2026, it triggers a self-destruct mechanism of sorts, ensuring the agreement — known in Canada as CUSMA — would expire 10 years later without a three-way consensus.
For Canada, the sunset provision “is a minefield,” said Lawrence Herman, an international trade lawyer and public policy expert based in Toronto.
“It is certainly not a rubber-stamping exercise — far from it.”
Of particular concern is the fact that the provision doesn’t spell out in detail what happens if one of the parties indicates that it won’t sign off on extending the deal without significant changes to the terms.
“The concern is that this could mean, in effect, that we’ll be into a major renegotiation of CUSMA in 2026,” by which time the political landscape in both the U.S. and Mexico could look very different, Herman said.
“What happens then? The government and business community need to be thinking about this and start preparing the groundwork and doing contingency planning now.”
The deal as it stands is hardly perfect, if the number of disputes is any indication.
In the 33 months since USMCA went into effect in July 2020, 17 disputes have been launched among the three countries, compared with a total of 77 initiated over the course of NAFTA’s 25-year lifespan.
The U.S. remains unhappy with how Canada has allocated the quotas that give American dairy producers access to markets north of the border. Canada and Mexico both took issue with how the U.S. defined foreign auto content. And Canada and the U.S. oppose Mexico favouring state-owned energy providers.
The Canada-U.S. disputes are likely to be on the agenda when Prime Minister Justin Trudeau sits down later this week in Ottawa with President Joe Biden, his first official visit to Canada since being sworn in two years ago.
“The president’s really excited about doing this, about going up there and really going to Ottawa for no other purpose than the bilateral relationship,” National Security Council spokesman John Kirby told the White House briefing Monday.
Prior meetings between the two have typically been on the margins of international summits or at trilateral gatherings with their Mexican counterpart, Andrés Manuel López Obrador.
Kirby cited climate change, trade, the economy, irregular migration and modernizing the continental defence system known as Norad as just some of “a bunch of things” the two leaders are expected to talk about.
“He has a terrific relationship with Prime Minister Trudeau — warm and friendly and productive.”
Trade disputes notwithstanding, the overwhelming consensus — in Canada, at least — is that USMCA is vastly better than nothing.
“I don’t want to be alarmist about this, but we cannot take renewal for granted,” said Goldy Hyder, president and CEO of the Business Council of Canada, after several days of meetings last week with Capitol Hill lawmakers.
Constantly talking up the vital role bilateral trade plays in the continent’s continued economic health is a cornerstone of Canada’s diplomatic strategy. The message Hyder brought home from D.C.? Don’t stop now.
“We met several senators, we met people from the administration, and their message was, ‘Be down here. Make your case. Continue to remind Americans of the role that Canada has in their economy,'” he said.
“We’ve got to … be a little less humble in the United States and start reminding Americans just how much skin in the game that they have in Canada.”
That can be a challenging domestic political truth in the U.S., where deep-seated resentment over free trade in general and NAFTA in particular metastasized in 2016 and persists to this day.
Biden likes to put a blue-collar, Buy American frame around policy decisions. His original plan to advance electric-vehicle sales saved the richest incentives for vehicles assembled in the U.S. with union labour.
Aggressive lobbying by Canada helped avert a serious crisis for Canada’s auto sector; the Inflation Reduction Act that Biden ultimately signed included EV tax credits for vehicles assembled in North America.
For many, it was a cautionary tale about the importance of arguing Canada’s interests in Washington.
A strong U.S. depends on a strong Canada, said Rob Wildeboer, executive chairman and co-founder of Ontario-based auto parts supplier Martinrea International Inc., who took part in last week’s D.C. meetings.
“The USMCA and the ability to move goods across borders is extremely important to us, it’s extremely important to our industry, it’s extremely important to this country, and it’s a template for the things we can do together with the United States,” Wildeboer said.
“In order for the U.S. to be strong, it needs strong neighbours, and Canada’s right at the top of the list.”
This report by The Canadian Press was first published March 21, 2023.
James McCarten, The Canadian Press
Alberta
Enbridge CEO says ‘there’s a good reason’ for Alberta to champion new oil pipeline

Enbridge CEO Greg Ebel. The company’s extensive pipeline network transports about 30 per cent of the oil produced in North America and nearly 20 per cent of the natural gas consumed in the United States. Photo courtesy Enbridge
From the Canadian Energy Centre
B.C. tanker ban an example of federal rules that have to change
The CEO of North America’s largest pipeline operator says Alberta’s move to champion a new oil pipeline to B.C.’s north coast makes sense.
“There’s a good reason the Alberta government has become proponent of a pipeline to the north coast of B.C.,” Enbridge CEO Greg Ebel told the Empire Club of Canada in Toronto the day after Alberta’s announcement.
“The previous [federal] government’s tanker ban effectively makes that export pipeline illegal. No company would build a pipeline to nowhere.”
It’s a big lost opportunity. With short shipping times to Asia, where oil demand is growing, ports on B.C.’s north coast offer a strong business case for Canadian exports. But only if tankers are allowed.
A new pipeline could generate economic benefits across Canada and, under Alberta’s plan, drive economic reconciliation with Indigenous communities.
Ebel said the tanker ban is an example of how policies have to change to allow Canada to maximize its economic potential.
Repealing the legislation is at the top of the list of needed changes Ebel and 94 other energy CEOs sent in a letter to Prime Minister Mark Carney in mid-September.
The federal government’s commitment to the tanker ban under former Prime Minister Justin Trudeau was a key factor in the cancellation of Enbridge’s Northern Gateway pipeline.
That project was originally targeted to go into service around 2016, with capacity to ship 525,000 barrels per day of Canadian oil to Asia.
“We have tried to build nation-building pipelines, and we have the scars to prove it. Five hundred million scars, to be quite honest,” Ebel said, referencing investment the company and its shareholders made advancing the project.
“Those are pensioners and retail investors and employees that took on that risk, and it was difficult,” he said.
For an industry proponent to step up to lead a new Canadian oil export pipeline, it would likely require “overwhelming government support and regulatory overhaul,” BMO Capital Markets said earlier this year.
Energy companies want to build in Canada, Ebel said.
“The energy sector is ready to invest, ready to partner, partner with Indigenous nations and deliver for the country,” he said.
“None of us is calling for weaker environmental oversight. Instead, we are urging government to adopt smarter, clearer, faster processes so that we can attract investment, take risks and build for tomorrow.”
This is the time for Canadians “to remind ourselves we should be the best at this,” Ebel said.
“We should lead the way and show the world how it’s done: wisely, responsibly, efficiently and effectively.”
With input from a technical advisory group that includes pipeline leaders and Indigenous relations experts, Alberta will undertake pre-feasibility work to identify the pipeline’s potential route and size, estimate costs, and begin early Indigenous engagement and partnership efforts.
The province aims to submit an application to the Federal Major Projects Office by spring 2026.
Alberta
The Technical Pitfalls and Political Perils of “Decarbonized” Oil

By Ron Wallace
The term “decarbonized oil” is popping up more and more in discussions of Canada’s energy politics. The concept refers to capturing and storing carbon dioxide (CO₂) generated during oil production and processing, thereby reducing greenhouse gas emissions, in order to support the continued strength of Canada’s oil and natural sector, the nation’s number-one export earner and crucial to the economies of Alberta and Saskatchewan. Projects like the Weyburn Carbon Capture, Utilization and Sequestration Project in Saskatchewan have demonstrated the idea’s technical feasibility by sequestering 1.7 million tonnes of CO₂ annually while producing incremental oil.
The key question now is whether this type of process can be dramatically scaled up – by anywhere from six to over 20 times – to facilitate what Alberta Premier Danielle Smith has termed a “grand bargain”: using carbon capture and storage (CCS) to gain a greenlight from the federal government for a new oil export line to the West Coast, enabling Alberta to continue growing oil production and generating jobs while advancing Ottawa’s climate goals. Prime Minister Mark Carney may be prone to hedging and ambiguity, but he has now made it clear that any such pipeline will indeed be contingent on Alberta proving it can “decarbonize” its oil
production.
The Pathways Alliance, a group of six producers representing 95% of Canada’s oil sands production, has designed a $16.5 billion CCS network to capture and store CO₂ from up to 20 facilities, aiming for 11 million tonnes per year in Phase 1 and a breathtaking 40 million tonnes in Phase 2. Pathways is intended to help build consensus in favour of a new oil export pipeline that could enable up to 25% growth in Alberta’s oil production – generating possibly $20 billion per year in export revenues.
While credible critics, including the Institute for Energy Economics and Financial Analysis (IEEFA) and energy economist Jennifer Considine, highlight the high costs, uncertain revenues and poor returns from several other attempts at large-scale CCS, Alberta’s UCP government appears to view it as the way out of its current impasse with Ottawa. It believes the profits generated from exports of Alberta’s decarbonized oil could themselves help finance the CCS facilities required for the “grand bargain” to be sealed.
Smith has been keeping up the political pressure, recently announcing that Alberta will fund and lead the effort to submit a formal pipeline application to the Carney government’s new Major Projects Office. Major obstacles remain, but none is more serious than Carney maintaining predecessor Justin Trudeau’s suite of anti-energy policies, particularly the draft oil and natural gas emissions cap, as part of his government’s intention to meet net-zero targets by 2050 (although Carney has recently indicated some flexibility in this view). Smith argues that this is effectively an “unconstitutional” production cap that threatens Alberta’s economic future, vowing to challenge it legally if Carney doesn’t shelve it.
Smith’s government at the same time is pursuing a more conciliatory tactic, offering to help advance federal climate objectives through CCS in order to speed up pipeline approvals under Carney’s Bill C-5. In this track, there is a question as to whether Alberta may be walking into an economic and technological trap that it will regret.
That is because the “grand bargain” would create two different classes of oil in Canada, operating under different sets of regulations and resulting in different cost structures. Western Canada’s crude oil producers would shoulder costly and technically challenging decarbonization requirements – plus the threat of federal veto over any new oil projects that weren’t similarly “decarbonized”. Canadian-produced oil would enter international export markets at a significant if not ruinous competitive disadvantage, risking not only profitability but market share. Eastern Canada’s oil refiners, meanwhile, would remain free to import fully “carbonized”
oil at the lowest prices they could get from countries with significantly looser environmental standards.
The Alberta oil sands currently generate 58% of Canada’s total oil output. Data from December 2023 shows Alberta producing a record 4.53 million barrels per day as major oil export pipelines including Trans Mountain, Keystone and the Enbridge Mainline operated at near capacity. The same year, Eastern Canada imported on average about 490,000 barrels per day by pipeline and sea from the United States (72.4%), Nigeria (12.9%) and Saudi Arabia (10.7%). Since 1988, imports by marine terminals along the St. Lawrence River have exceeded $228 billion, while imports by New Brunswick’s Irving Oil Ltd. refinery totalled $136 billion from 1988 to 2020.
The economic viability of large-scale CCS projects remains completely unproven; indeed, attempts to date in other jurisdictions have performed poorly. Attempting to “decarbonize” Alberta’s oil, then, makes little economic sense; it appears to be based more on the Carney government’s ideological objectives set to achieve global climate objectives.
The question thus becomes why Alberta is agreeing to a policy that could trap its taxpayers in a hugely expensive and unfair system that could imperil consideration of any new pipelines for Canadian oil exports, especially when private capital already largely remains on the sidelines.
Not only Albertans but Canadians generally need to carefully reconsider any “grand bargain” that hinges on “decarbonization” of western Canadian oil, because doing so threatens the economic viability of Alberta oil production and associated export pipelines – without meaningfully reducing global CO 2 emissions. And if industry proves unable to raise the vast capital required to construct the CCS projects, while lacking the cash flow to cover the steep ongoing costs needed to operate them, then where is the money to come from? At a time when Canada’s fiscal trajectory is so worrisome, the shortfall had better not be made up through public subsidies.
Even worse than the yawning fiscal risks, such an approach risks splitting the country into two economic zones: a West burdened by costly decarbonization requirements making Alberta’s oil some of the world’s least profitable to produce, and an East benefiting as before from cheaper imported oil. This is hardly conducive to national unity. It is time for Alberta to reconsider the “grand bargain”.
The original, full-length version of this article was recently published in C2C Journal.
Ron Wallace is a former Member of the National Energy Board.
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