Alberta
Alberta fighting federal “unconstitutional intrusion” into provincial jurisdiction
Alberta to fight federal plastics ban once more
Alberta’s government will continue defending the province’s constitutional jurisdiction and economy by intervening in Ottawa’s appeal of the Federal Court’s ruling on plastics.
On Nov. 16, the Federal Court of Canada ruled that the federal order-in-council classifying plastics as toxic is not only unreasonable but unconstitutional. The federal government has chosen to appeal this decision, ignoring calls from Alberta and others to accept the court’s decision.
As a result, Alberta’s government will participate in the appeal and will argue that the federal government’s decision to label plastic as a “toxic substance” is an unconstitutional intrusion into provincial jurisdiction.
“It is past time for Ottawa to listen. We have told them they are overreaching their jurisdiction, the private sector has told them so, and so have both the Supreme Court and the Federal Court. Ottawa cannot assume regulatory authority over any substance simply by designating it as toxic. We will continue to push back against Ottawa’s unconstitutional actions, including through this legal action, until they listen.”
The toxic designation and bans have also had a detrimental impact on Alberta’s economy. Alberta’s Industrial Heartland Association estimates the designation will potentially jeopardize more than $30 billion in capital investment in the petrochemical sector by 2030. Those risks would also put Albertan and Canadian workers at risk of losing their jobs.
“The Federal Court clearly ruled that the federal government’s plastics ban policies were unconstitutional. The federal government’s environmental policies and constitutional overreach have been heavily criticized and this ruling further confirms the indisputable nature of provincial jurisdiction in these matters. We are intervening in this appeal and will continue to participate wherever and whenever necessary to protect Alberta’s interests.”
In addition to intervening in the appeal, Alberta will monitor any further legal action taken to remove plastic manufactured items from the current Schedule 1 of the Canadian Environmental Protection Act. Several Calgary-based companies producing compostable plastic bags are now caught in the ban and will be barred from supplying Calgarians with low-emissions alternatives to traditional plastic shopping bags.
“Instead of listening to the courts and to Canadians, the federal government has chosen overreach once again. We will continue standing up for our constitutional jurisdiction while focusing on more effective ways to reduce plastic waste and keep it out of landfills.”
Alberta is committed to reducing plastic waste through initiatives like extended producer responsibility, which encourages businesses to find new ways to recycle materials and reduce waste. The province also advocates for strategies that create economies of scale, promote recycled content and develop local markets for transformed plastic waste.
Quick facts
- On April 23, 2021, the administrator in council issued an order-in-council directing that “plastic manufactured items” be added to Schedule 1 of the Canadian Environmental Protection Act, 1999 (CEPA).
- The category of plastic manufactured items includes every piece of plastic that enters Alberta.
- Once a substance is designated as toxic under CEPA, CEPA allows the federal government to make regulations regulating every aspect of that substance’s life, from manufacture to sale to use and to disposal.
- Canada subsequently enacted the Single-use Plastics Prohibition Regulations (SUPPR) prohibiting the manufacture, import and sale of six single-use plastics. SUPPR is only valid if “plastic manufactured items” is listed as toxic on Schedule 1 of CEPA.
- The Responsible Plastic Use Coalition, Dow, Imperial Oil and Nova applied for a judicial review of the order. They challenged it as unreasonable on administrative law grounds and as unconstitutional on division of powers grounds.
- On Sept. 7, 2022, Alberta intervened in the application to address the constitutional questions. Saskatchewan intervened on Oct. 24, 2022.
- The application was heard March 7-9, 2023, and the court reserved its decision.
- On Nov. 16, the federal Court of Canada issued its decision. Justice Angela Furlanetto concluded that the order adding “plastic manufactured items” to the Schedule 1 was both unreasonable from an administrative law perspective, and unconstitutional.
Alberta
Passenger rail experts from across the world to inform Alberta’s Passenger Rail Master Plan
Alberta’s future runs on rails
Alberta’s government is bringing together passenger rail experts from across the world to share best practices and inform the province’s Passenger Rail Master Plan.
As Alberta experiences record growth and evolving transportation needs, passenger rail infrastructure and services will be vital for enhancing accessibility and connecting communities. To support this, Alberta’s government is developing a Passenger Rail Master Plan to build the optimal passenger rail system for the province.
As part of the development of the plan, Alberta’s government is hosting a one-day forum to provide an opportunity for Alberta communities, industry and experts to collaborate and share information on passenger rail opportunities and challenges. The forum includes experts from Ontario, Quebec, California, Italy, Spain and Japan who are involved in passenger rail procurement, governance and operations. The sessions will allow for the sharing of best practices and lessons learned on passenger rail planning and development.
“Alberta was built by innovators and visionaries who saw potential in our province and its people. They believed that if you could dream it, you could achieve it. We believe there is opportunity and demand for passenger rail services in Alberta. Today’s forum marks an important step forward in the development of our Passenger Rail Master Plan and in achieving our vision for passenger rail.”
In line with the province’s commitment to engaging Albertans throughout the development of the Passenger Rail Master Plan, a survey has been launched to seek public input on passenger rail. Albertans are invited to complete the online survey by Dec. 20 to help shape the future of passenger rail in Alberta. There will be additional opportunities for Albertans to have their say on passenger rail in the future, including regional open houses which will be held in early 2025.
“Feedback from Albertans, Alberta municipalities, Indigenous communities and industry will be critically important to developing passenger rail services in Alberta. I encourage all Albertans to complete the online survey to help inform a shared vision for passenger rail to enhance accessibility, efficiency, and connectivity across the province.”
In April 2024, Alberta’s government shared its vision for passenger rail and announced the development of the Passenger Rail Master Plan for Alberta. The province’s vision is for an Alberta passenger rail system that includes public, private or hybrid passenger rail, including:
- a commuter rail system for the Calgary area that connects surrounding communities and the Calgary International Airport to downtown
- a commuter rail system for the Edmonton area that connects surrounding communities and the Edmonton International Airport to downtown
- passenger rail that runs between Calgary and Edmonton and the Rocky Mountain parks
- a regional rail line between Calgary and Edmonton, with a local transit hub in Red Deer
- municipal-led LRT systems in Calgary and Edmonton that integrate with the provincial passenger rail system
- rail hubs serving the major cities that would provide linkages between a commuter rail system, regional rail routes and municipal-led mass transit systems
The vision includes a province-led “Metrolinx-like” Crown corporation with a mandate to develop the infrastructure and oversee daily operations, fare collection/booking systems, system maintenance, and planning for future system expansion.
Quick facts
- The Passenger Rail Survey will be open until Dec. 20.
- Alberta’s Passenger Rail Master Plan is expected to be completed by summer 2025 and will include:
- a comprehensive feasibility assessment
- financial and delivery model options
- governance and operations recommendations
- a 15-year delivery plan
- public engagement
Related information
Alberta
REPORT: Alberta municipalities hit with $37 million carbon tax tab in 2023
Grande Prairie. Getty Images photo
From the Canadian Energy Centre
Federal cash grab driving costs for local governments, driving up property taxes
New data shows the painful economic impact of the federal carbon tax on municipalities.
Municipalities in Alberta paid out more than $37 million in federal carbon taxes in 2023, based on a recent survey commissioned by Alberta Municipal Affairs, with data provided to the Canadian Energy Centre.
About $760,000 of that came from the City of Grande Prairie. In a statement, Mayor Jackie Clayton said “if the carbon tax were removed, City property taxes could be reduced by 0.6 per cent, providing direct financial relief to residents and businesses in Grande Prairie.”
Conducted in October, the survey asked municipal districts, towns and cities in Alberta to disclose the amount of carbon tax paid out for the heating and electrifying of municipal assets and fuel for fleet vehicles.
With these funds, Alberta municipalities could have hired 7,789 high school students at $15 per hour last year with the amount paid to Ottawa.
The cost on municipalities includes:
Lloydminster: $422,248
Calgary: $1,230,300 (estimate)
Medicine Hat: $876,237
Lethbridge: $1,398,000 (estimate)
Grande Prairie: $757,562
Crowsnest Pass: $71,100
Red Deer: $1,495,945
Bonnyville: $19,484
Hinton: $66,829
Several municipalities also noted substantial indirect costs from the carbon tax, including higher rates from vendors that serve the municipality – like gravel truck drivers and road repair providers – passing increased fuel prices onto local governments.
The rising price for materials and goods like traffic lights, steel, lumber and cement, due to higher transportation costs are also hitting the bottom line for local governments.
The City of Grande Prairie paid out $89 million in goods and services in 2023, and the indirect costs of the carbon tax “have had an inflationary impact on those expenses” in addition to the direct costs of the tax.
In her press conference announcing Alberta’s challenge to the federal carbon tax on Oct. 29, 2024, Premier Danielle Smith addressed the pressures the carbon tax places on municipal bottom lines.
“In 2023 alone, the City of Calgary could have hired an additional 112 police officers or firefighters for the amount they sent to Ottawa for the carbon tax,” she said.
In a statement issued on Oct. 7, 2024, Ontario Conservative MP Ryan Williams, shadow minister for international trade, said this issue is nationwide.
“In Belleville, Ontario, the impact of the carbon tax is particularly notable. The city faces an extra $410,000 annually in costs – a burden that directly translates to an increase of 0.37 per cent on residents’ property tax bills.”
There is no rebate yet provided on retail carbon pricing for towns, cities and counties.
In October, the council in Belleville passed a motion asking the federal government to return in full all carbon taxes paid by municipalities in Canada.
The unaltered reproduction of this content is free of charge with attribution to the Canadian Energy Centre.
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