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Supreme Court ruling on federal environmental law a step toward brighter industrial future

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From the MacDonald Laurier Institute

By Heather Exner-Pirot

Now we need to build: to meet net-zero goals, to supply our allies with energy and critical minerals, to compete with the U.S. Inflation Reduction Act, to bolster our anemic economy – take your pick

In a strong rebuke to the federal government, the Supreme Court on Friday issued its long-awaited opinion on the constitutionality of the Impact Assessment Act (IAA). In a 5 to 2 decision, the majority found that the Liberal government’s regulations for major projects such as oil and gas operations and mines violate provincial jurisdiction.

The decision will have lasting impact. It is a piece of cautiously optimistic news for the industry, paving the way for realizing its greatest desire: to move away from concurrent and competing federal and provincial processes for project approval, toward a more efficient principle of one project, one assessment.

There will be immediate impacts, too. It’s hard to see how the Liberal government’s proposed clean electricity regulations and oil and gas emissions cap, which is contentious on similar grounds, can now be seen as constitutional.

In the wake of the decision on Friday, the federal government promised to amend the act. The decision provides good reason for the government to start looking at its other environmental regulations through the same lens.

The IAA, which became law in 2019 after contentious Senate hearings and months of public protests, is unpopular for wholly legitimate reasons. It duplicated and often competed with provincial processes for approving natural resources projects, adding time, money, confusion and risk for companies.

It also politicized the regulatory process, allowing the federal minister of environment and climate change to designate just about any resource project in the country for assessment, and then effectively veto it too. The results, if unchecked: a quiet quitting of investors and proponents who then move their capital to greener, more predictable pastures.

Even before the Supreme Court opinion on the IAA came out, the Liberals had promised to reform it. Friday’s decision gives the government additional impetus to do it properly.

The opportunity in those forthcoming amendments is not for the federal government to take bad, unconstitutional regulatory legislation and turn it into bad, constitutional legislation. The times demand much more. The act reflected an outdated way of thinking that saw the environment and Indigenous peoples as inherently needing to be protected from the provinces and the resource sector. But the world has changed.

Now we need to build: to meet net-zero goals, to supply our allies with energy and critical minerals, to compete with the U.S. Inflation Reduction Act, to bolster our anemic economy – take your pick. Where we once applied sticks to major energy and resource projects, we now need to offer carrots. This needs to be reflected in the amendments to the IAA.

In the Liberal government’s news conference responding to the opinion, Energy and Natural Resources Minister Jonathan Wilkinson expressed hope that this would be the last time the federal and provincial governments settled their differences in court, saying “Canada works best when Canadians work together.”

Let’s all hope that happens.

A large and critical part of Canada’s economy has found itself in the crosshairs of jurisdictional infighting. It has created polarization and uncertainty, and investors and proponents of projects abhor it. Our country needs and deserves a functional regulatory process – one that doesn’t just prevent bad projects, but advances good ones, too. The Supreme Court’s decision is an opening to create one.

Heather Exner-Pirot is director of energy, natural resources and environment at the Macdonald-Laurier Institute.

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Business

Major Projects Office Another Case Of Liberal Political Theatre

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From the Frontier Centre for Public Policy

By Lee Harding

Ottawa’s Major Projects Office is a fix for a mess the Liberals created—where approval now hinges on politics, not merit.

They are repeating their same old tricks, dressing up political favouritism as progress instead of cutting barriers for everyone

On Sept. 11, the Prime Minister’s Office announced five projects being examined by its Major Projects Office, all with the potential to be fast-tracked for approval and to get financial help. However, no one should get too excited. This is only a bad effort at fixing what government wrecked.

During the Trudeau years, and since, the Liberals have created a regulatory environment so daunting that companies need a trump card to get anything done. That’s why the Major Projects Office (MPO) exists.

“The MPO will work to fast-track nation-building projects by streamlining regulatory assessment and approvals and helping to structure financing, in close partnership with provinces, territories, Indigenous Peoples and private investors,” explains a government press release.

Canadians must not be fooled. A better solution would be to create a regulatory and tax environment where these projects can meet market demand through private investment. We don’t have that in Canada, which is why money has fled the country and our GDP growth per capita is near zero.

Instead of this less politicized and more even-handed approach, the Liberals have found a way to make their cabinet the only gatekeepers able to usher someone past the impossible process they created. Then, having done so, they can brag about what “they” got done.

The Fraser Institute has called out this system for its potential to incentivize bribes and kickbacks. The Liberals have such a track record of handing out projects and even judicial positions to their friends that such scenarios become easier to believe. Innumerable business groups will be kissing up to the Liberals just to get anything major done.

The government has created the need for more of itself, and it is following up in every way it can. Already, the federal government has set up offices across Canada for people to apply for such projects. Really? Anyone with enough dollars to pursue a major project can fly to Ottawa to make their pitch.

No, this is as much about the show as it is about results—and probably much more. It is all too reminiscent of another big-sounding, mostly ineffective program the Liberal government rolled out in 2017. They announced a $950-million Innovation Superclusters Initiative “designed to help strengthen Canada’s most promising clusters … while positioning Canadian firms for global leadership.”

That program allowed any company in the world to participate, with winners getting matching dollars from taxpayers for their proposals. (But all for the good of Canada, we were told.) More than 50 applications were made for these sweepstakes, which included more than 1,000 businesses and 350 other participants. In Trudeau Liberal fashion, every applicant had to articulate how their proposal would increase female jobs and leadership and encourage diversity in the long term.

The entire process was like one big Dragon’s Den series. The Liberals trotted out a list of contestants full of nice-sounding possibilities, with maximum hype and minimal reality. Late in the process, Minister of Innovation, Science and Industry Navdeep Bains picked the nine finalists himself (all based in cities with a Liberal MP), from which five would be chosen.

The alleged premise was to leverage local and regional commercial clusters, but that soon proved ridiculous. The “Clean, Low-energy, Effective and Remediated Supercluster” purported to power clean growth in mining in Ontario, Quebec and Vancouver. Not to be outdone, the “Mobility Systems and Technologies for the 21st Century Supercluster” included all three of these locations, plus Atlantic Canada. They were only clustered by their tendency to vote Liberal.

Today, the MPO repeats this virtue-signalling, politicking, drawn-out, tax-dollar-spending drama. The Red Chris Mine expansion in northwest British Columbia is one of the proposals under consideration. It would be done in conjunction with the Indigenous Tahltan Nation and is supposed to reduce greenhouse gas emissions by 70 per cent. That’s right up the Liberal alley.

Meanwhile, the project is somehow part of a proposed Northwest Critical Conservation Corridor that would cordon off an area the size of Greece from development. Is this economic growth or economic prohibition? This approach is more like the United Nations’ Agenda 2030 than it is nation-building. And it is more like the World Economic Forum’s “stakeholder capitalism” approach than it is free enterprise.

At least there are two gems among the five proposals. One is to expand capacity at the Port of Montreal, and another is to expand the Canada LNG facility in Kitimat, B.C. Both have a market case and clear economic benefits.

Even here, Canadians must ask themselves, why must the government use a bulldozer to get past the red tape it created? Why not cut the tape for everyone? The Liberals deserve little credit for knocking down a door they barred themselves.

Lee Harding is a research fellow for the Frontier Centre for Public Policy.

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Alberta

Enbridge CEO says ‘there’s a good reason’ for Alberta to champion new oil pipeline

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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

By Deborah Jaremko

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.

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