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Federal Greenwash law: guilty until proven innocent

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8 minute read

From Resource Works

“Under this new law, you’re guilty unless you prove your innocence to some back-room bureaucratic body. That’s simply not a Canadian concept.”

In its latest display of environmental correctness, the federal government passed a new anti-greenwashing law that requires individuals or organizations making claims or promises about the climate benefits of products or processes to prove their truth.

Such “truth,” the law stipulates, must be proven to the satisfaction of a federal bureaucracy — by way of “an adequate and proper test” or “adequate and proper substantiation in accordance with internationally recognized methodology.”

However, those tests and methodologies have not been defined or announced, remaining hopelessly vague. A federal bureaucrat is now empowered under the law to review such climate statements and claims, and to compel court proceedings if they deem them not to meet the ambiguous criteria.

It’s clear the law (Bill C-59, amendments to the Competition Act) would apply to companies claiming, for example, that their production processes or new technologies will reduce greenhouse gas emissions. However, the Competition Bureau conveniently will not have to prove that the claims are false or misleading. The new law instead requires the accused company or agency to prove their innocence.

The penalties can be severe, with fines of up to $10 million ($15 million for repeat offenders) or as much as three times the benefit derived from the misrepresentation. If that benefit cannot be reasonably determined, the penalty could be up to three percent of the company’s annual worldwide gross revenues.

Canada is thus following the green correctness of the European Parliament, which now requires “proof” of claims of a neutral, reduced, or positive impact on the environment when a producer reduces or offsets emissions.

The European Union’s move followed a study by the European Commission, which found more than half  of green claims were vague, misleading, or unfounded, with 40% being “completely unsubstantiated.”

Industry in Canada has been quick to protest Bill C-59, and it’s not just the oil and natural gas sector raising concerns. Industries ranging from automotive to mining to manufacturing are also challenging the new law.

Dennis Darby, CEO of the Canadian Manufacturers & Exporters Association, called the changes “quite heavy-handed” and said his member companies worry about potential legal challenges over any environmental claims they make about emissions-reducing technologies.

The Canadian Association of Petroleum Producers (CAPP) also protested: “These amendments effectively silence discussion around climate and environmental policy for political gains, while promoting the voices of those most opposed to Canada’s oil and natural gas sector.

“The federal government’s approach to these amendments has introduced a new level of complexity and risk for those looking to invest in Canada. The amendments to the Competition Act will make it more difficult for proponents to speak to Canadians and gain public support for their projects, particularly for those focused on reducing emissions.”

CAPP argued in a submission to the Competition Bureau: “The effect of this legislation is to silence the energy industry and those that support it, in an effort to clear the field of debate and promote the voices of those most opposed to Canada’s energy industry.

“Implementing a vague law with exceptionally high penalties, without consultation, and with an outsized impact on the country’s largest industries, is both anti-democratic and anti-business.”

Will the new Canadian law also apply (as CAPP says it should) to climate campaigners and green groups who claim that a company, product, or process damages the global climate?

One green group recently attacked liquefied natural gas (LNG) developments in British Columbia using (among other things) a photoshopped image of a smoke-emitting oil and gas facility in Iran. Could that be prosecuted under the new law? It should be, but who knows?

Will the new reverse-onus law apply in practice to government departments, ministries, and ministers? Again, who knows?

The federal Canada Energy Regulator, for example, made a number of green statements in a recent  Market Snapshot about LNG in BC:

  • “LNG Canada is actively working on electrifying certain processes, especially for the proposed Phase 2. This shift will reduce reliance on fossil fuels and help lower the carbon intensity of LNG production.”
  • “Woodfibre LNG will use electric motors powered by renewable electricity from B.C. Hydro, making the project one of the lowest-emission LNG export facilities in the world.”
  • “The proposed Cedar LNG facility will also be powered by renewable electricity from B.C. Hydro and will be one of the lowest-emission LNG facilities in the world.”
  • “The proposed Ksi Lisims LNG facility would have one of the lowest carbon intensities of large-scale LNG export projects in the world, utilizing several technologies to reduce carbon emissions, including renewable hydropower from the B.C. electricity grid.”
  • “The Tilbury LNG facility is powered by renewable hydroelectricity, which means it can produce LNG that is nearly 30 percent less carbon-intensive than the global average.”

Does the Canada Energy Regulator now have to “prove” all those statements?

And what about Prime Minister Trudeau himself? The First Nations LNG Alliance (which has said the law could be used as one more tool to discourage Indigenous partnerships and investment in energy projects) asked if the law would apply to the prime minister.

“Prime Minister Justin Trudeau hailed the go-ahead decision by the Cedar LNG project, majority-owned by the Haisla First Nation in B.C. He said it will be ‘the world’s lowest carbon footprint LNG facility.’ So does the prime minister now have to ‘prove’ that Cedar LNG is the world’s lowest carbon footprint LNG facility?”

Regardless, under this new law, you’re guilty unless you prove your innocence to some back-room bureaucratic body. That’s simply not a Canadian concept, nor a Liberal one. This new law needs to be changed or repealed.

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Climate Climbdown: Sacrificing the Canadian Economy for Net-Zero Goals Others Are Abandoning

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By Gwyn Morgan

Canada has spent the past decade pursuing climate policies that promised environmental transformation but delivered economic decline. Ottawa’s fixation on net-zero targets – first under Justin Trudeau and now under Prime Minister Mark Carney – has meant staggering public expenditures, resource project cancellations and rising energy costs, all while failing to
reduce the country’s dependence on fossil fuels. Now, as key international actors reassess the net-zero doctrine, Canada stands increasingly alone in imposing heavy burdens for negligible gains.

The Trudeau government launched its agenda in 2015 by signing the Paris Climate Agreement aimed at limiting the forecast increase in global average temperature to 1.5°C by the end of the century. It followed the next year with the Pan-Canadian Framework on Clean Growth and Climate Change that imposed more than 50 measures on the economy, key among them a
carbon “pricing” regime – Liberal-speak for taxes on every Canadian citizen and industry. Then came the 2030 Emissions Reduction Plan, committing Canada to cut greenhouse gas emissions to 40 percent below 2005 levels by 2030, and to achieve net-zero by 2050. And then the “On-Farm Climate Action Fund,” the “Green and Inclusive Community Buildings Program” and the “Green Municipal Fund.”

It’s a staggering list of nation-impoverishing subsidies, taxes and restrictions, made worse by regulatory measures that hammered the energy industry. The Trudeau government cancelled the fully-permitted Northern Gateway pipeline, killing more than $1 billion in private investment and stranding hundreds of billions of dollars’ worth of crude oil in the ground. The
Energy East project collapsed after Ottawa declined to challenge Quebec’s political obstruction, cutting off a route that could have supplied Atlantic refineries and European markets. Natural gas developers fared no better: 11 of 12 proposed liquefied natural gas export terminals were abandoned amid federal regulatory delays and policy uncertainty. Only a single LNG project in Kitimat, B.C., survived.

None of this has had the desired effect. Between Trudeau’s election in 2015 and 2023, fossil fuels’ share of Canada’s energy supply actually increased from 75 to 77 percent. As for saving the world, or even making some contribution towards doing so, Canada contributes just 1.5 percent of global GHG emissions. If our emissions went to zero tomorrow, the emissions
growth from China and India would make that up in just a few weeks.

And this green fixation has been massively expensive. Two newly released studies by the Fraser Institute found that Ottawa and the four biggest provinces have either spent or foregone a mind-numbing $158 billion to create just 68,000 “clean” jobs – an eye-watering cost of over $2.3 million per job “created”. At that, the green economy’s share of GDP crept up only 0.3
percentage points.

The rest of the world is waking up to this folly. A decade after the Paris Agreement, over 81 percent of the world’s energy still comes from fossil fuels. Environmental statistician and author Bjorn Lomborg points out that achieving global net-zero by 2050 would require removing the equivalent of the combined emissions of China and the United States in each of the next five
years. “This puts us in the realm of science fiction,” he wrote recently.

In July, the U.S. Department of Energy released a major assessment assembled by a team of highly credible climate scientists which asserted that “CO 2 -induced warming appears to be less damaging economically than commonly believed,” and that aggressive mitigation policies might be “more detrimental than beneficial.” The report found no evidence of rising frequency or severity of hurricanes, floods, droughts or tornadoes in U.S. historical data, while noting that U.S. emissions reductions would have “undetectably small impacts” on global temperatures in any case.

U.S. Energy Secretary Chris Wright welcomed the findings, noting that improving living standards depends on reliable, affordable energy. The same day, the Environmental Protection Agency proposed rescinding the 2009 “endangerment finding” that had designated CO₂ and other GHGs as “pollutants.” It had led to sweeping restrictions on oil and gas development and fuelled policies that the current administration estimates cost the U.S. economy at least US$1 trillion in lost growth.

Even long-time climate alarmists are backtracking. Ted Nordhaus, a prominent American critic, recently acknowledged that the dire global warming scenarios used by the Intergovernmental Panel on Climate Change rely on implausible combinations of rapid population growth, strong economic expansion and stagnant technology. Economic growth typically reduces population increases and accelerates technological improvement, he pointed out, meaning emissions trends will likely be lower than predicted. Even Bill Gates has tempered his outlook, writing that climate change will not be “cataclysmic,” and that although it will hurt the poor, “it will not be the only or even the biggest threat to their lives and welfare.” Poverty and disease pose far greater threats and resources, he wrote, should be focused where they can do the most good now.

Yet Ottawa remains unmoved. Prime Minister Carney’s latest budget raises industrial carbon taxes to as much as $170 per tonne by 2030, increasing the competitive disadvantage of Canadian industries in a time of weak productivity and declining investment. These taxes will not measurably alter global emissions, but they will deepen Canada’s economic malaise and
push production – and emissions – toward jurisdictions with more lax standards. As others retreat from net-zero delusions, Canada moves further offside global energy policy trends – extending our country’s sad decline.

The original, full-length version of this article was recently published in C2C Journal.

Gwyn Morgan is a retired business leader who has been a director of five global corporations.

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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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