Alberta
Alberta taking feds to court to challenge legality of heating oil carbon tax exemption
Accountability for Ottawa’s carbon tax double standard
Alberta’s government has filed an application at the federal court challenging the constitutionality and legality of Canada’s heating oil carbon tax exemption.
Alberta’s government is standing up against the federal government’s carbon tax exemption for heating oil to protect Albertans from the double standard Ottawa has created with the carbon tax, which means Albertans continue to pay carbon taxes to stay warm in winter.
Last fall, after years of insisting that the carbon tax is applied equally across Canada, the federal government exempted the carbon tax for heating oils, which are used predominantly in Atlantic Canada and Quebec. Over the last year, the federal government has refused multiple requests to grant a similar carve-out on other heating methods from Alberta and others across the country who are also facing rising costs of living.
Alberta’s government will now take this fight to the courts. Alberta filed an application seeking judicial review of the exemption with the Federal Court on Oct. 29, asking the court to declare that the exemption is both unconstitutional and unlawful. The application argues that Ottawa’s carbon tax exemption for heating oil is unconstitutional and inconsistent with the Government of Canada’s stated purpose for enacting the Greenhouse Gas Pollution Pricing Act.
“Last year, Ottawa decided Canadians in the East deserved a three-year break from paying the carbon tax on their home heating costs. While we’re happy for these Canadians, Alberta, Saskatchewan and other provinces who heat their homes with natural gas have been deliberately excluded from these savings. Albertans simply cannot stand by for another winter while the federal government picks and chooses who their carbon tax applies to. Since they won’t play fair, we’re going to take the federal government back to court.”
While the Supreme Court of Canada previously found the Greenhouse Gas Pollution Pricing Act was constitutional, it found that Canada’s jurisdiction to regulate greenhouse gas emissions was limited to the ability to create minimum national standards for carbon pricing for the purpose of reducing greenhouse gas emissions.
Alberta strongly opposes the federal carbon tax exemption on heating oil, as the federal government is no longer creating minimum national standards that apply evenly across the country, and is instead creating a regime that favours one region and fuel type over others.
“This exemption is not only unfair to the vast majority of Canadians, but it is also unlawful as the federal government does not have the authority to make special exemptions for certain parts of the country under the Greenhouse Gas Pollution Pricing Act. The federal government isn’t even following its own laws now. Someone needs to hold them accountable, and Alberta is stepping up to do just that.”
The federal carbon tax adds to the rising cost of living for all Canadians. By 2030, it will cost Canadians $25 billion every year, in addition to lowering the gross domestic product (GDP) by $9 billion. In addition, the Bank of Canada has estimated that the federal carbon tax increases inflation by 0.15 per cent year over year.
Quick facts
- Since Apr. 1, 2024, Albertans have been paying around 35 cents in federal taxes on every litre of fuel – along with the carbon tax, that also includes the federal excise tax and the GST.
- The following percentage of households use home heating oil by province:
- Forty per cent in Prince Edward Island
- Thirty-two per cent in Nova Scotia
- Eighteen per cent in Newfoundland and Labrador
- Seven per cent in New Brunswick
- Four per cent in Quebec
- Two per cent in Ontario
- One per cent in British Columbia
- Less than one per cent in Alberta, Saskatchewan and Manitoba
Alberta
Heavy-duty truckers welcome new ‘natural gas highway’ in Alberta
Clean Energy Fuels CEO Andrew Littlefair, Tourmaline CEO Mike Rose, and Mullen Group chairman Murray Mullen attend the opening of a new Clean Energy/Tourmaline compressed natural gas (CNG) fuelling station in Calgary on Oct. 22, 2024. Photo courtesy Tourmaline
From the Canadian Energy Centre
New compressed natural gas fueling stations in Grande Prairie and Calgary join new stop in Edmonton
Heavy-duty truckers hauling everything from restaurant supplies to specialized oilfield services along one of Western Canada’s busiest corridors now have more access to a fuel that can help reduce emissions and save costs.
Two new fuelling stations serving compressed natural gas (CNG) rather than diesel in Grande Prairie and Calgary, along with a stop that opened in Edmonton last year, create the first phase of what proponents call a “natural gas highway”.
“Compressed natural gas is viable, it’s competitive and it’s good for the environment,” said Murray Mullen, chair of Mullen Group, which operates more than 4,300 trucks and thousands of pieces of equipment supporting Western Canada’s energy industry.
Right now, the company is running 19 CNG units and plans to deploy another 15 as they become available.
“They’re running the highways right now and they’re performing exceptionally well,” Mullen said on Oct. 22 during the ribbon-cutting ceremony opening the new station on the northern edge of Calgary along Highway 2.
“Our people love them, our customers love them and I think it’s going to be the way for the future to be honest,” he said.
Heavy-duty trucks at Tourmaline and Clean Energy’s new Calgary compressed natural gas fuelling station. Photo courtesy Tourmaline
According to Natural Resources Canada, natural gas burns more cleanly than gasoline or diesel fuel, producing fewer toxic pollutants and greenhouse gas emissions that contribute to climate change.
The two new CNG stops are part of a $70 million partnership announced last year between major Canadian natural gas producer Tourmaline and California-based Clean Energy Fuels.
Their deal would see up to 20 new CNG stations built in Western Canada over the next five years, daily filling up to 3,000 natural gas-fueled trucks.
One of North America’s biggest trucking suppliers to businesses including McDonald’s, Pizza Hut, Subway and Popeye’s says the new stations will help as it expands its fleet of CNG-powered vehicles across Canada.
Amy Senter, global vice-president of sustainability with Illinois-based Martin Brower, said in a statement that using more CNG is critical to the company achieving its emissions reduction targets.
For Tourmaline, delivering CNG to heavy-duty truckers builds on its multi-year program to displace diesel in its operations, primarily by switching drilling equipment to run on natural gas.
Between 2018 and 2022, the company displaced the equivalent of 36 Olympic-sized swimming pools worth of diesel that didn’t get used, or the equivalent emissions of about 58,000 passenger vehicles.
Tourmaline CEO Mike Rose speaks to reporters during the opening of a new Tourmaline/Clean Energy compressed natural gas fuelling station in Calgary on Oct. 22, 2024. Photo courtesy Tourmaline
Tourmaline CEO Mike Rose noted that the trucking sector switching fuel from diesel to natural gas is gaining momentum, notably in Asia.
A “small but growing” share of China’s trucking fleet moving to natural gas helped drive an 11 percent reduction in overall diesel consumption this June compared to the previous year, according to the latest data from the U.S. Energy Information Administration.
“China’s talking about 30 percent of the trucks sold going forward are to be CNG trucks, and it’s all about reducing emissions,” Rose said.
“It’s one global atmosphere. We’re going to reduce them here; they’re going to reduce them there and everybody’s a net winner.”
Switching from diesel to CNG is “extremely cost competitive” for trucking fleets, said Clean Energy CEO Andrew Littlefair.
“It will really move the big rigs that we need in Western Canada for the long distance and heavy loads,” he said.
Tourmaline and Clean Energy aim to have seven CNG fuelling stations operating by the end of 2025. Construction is set to begin in Kamloops, B.C., followed by Fort McMurray and Fort St. John.
“You’ll have that Western Canadian corridor, and then we’ll grow it from there,” Littlefair said.
Alberta
Another Blow To The Carbon Tax
From Project Confederation
By Josh Andrus
Five years ago, I announced the launch of Project Confederation on Danielle Smith’s CHQR 770 radio show.
That interview changed my life forever.
The project launch was driven by a belief that federal policies – including, but not limited to, the carbon tax – were unfairly targeting Alberta and our economy.
Five years later, we find ourselves opening the next chapter of a long-running saga.
Slowly but surely, Canadians – not just Albertans – have worked out that carbon tax doesn’t make sense, doesn’t work, and isn’t constitutional.
And as the public backlash to the carbon tax grew, the federal government compromised the policy even further, making it even more unpopular and even less constitutional.
On Tuesday, Danielle Smith, now Alberta Premier, announced that her government is going to court to challenge the constitutionality of Ottawa’s selective carbon tax exemption on home heating oils.
The carbon tax, of course, is the levy charged for fuel and combustible waste as outlined in the Greenhouse Gas Pollution Pricing Act and its regulations.
The carbon tax is a tax on everything.
Every product you consume relies on energy-intensive steps in the production cycle – whether it’s the combines harvesting crops, commercial trucks transporting goods, or the electricity powering lights and refrigeration at the grocery store, just to name a few.
This drives costs up throughout the production process in virtually every industry.
The carbon tax also serves as the flagship policy of the Liberal-NDP coalition government, which took office following the 2019 election – just two days before my first appearance on Danielle Smith’s show.
In the eyes of the federal government, the carbon tax represents a beacon to the world, signalling Canada’s new global position as a green, socialist utopia.
In the eyes of the voters, it represents a symbol of the Trudeau government’s unpopularity, a major contributor to ongoing affordability problems and a sluggish economy.
In the eyes of the provinces, it is a clear violation of provincial jurisdiction.
The Act requires provinces to establish these punitive carbon taxes, and if they don’t, the Act allows for Ottawa to impose carbon pricing.
When it was introduced, it faced immediate legal challenges from Alberta, Saskatchewan, and Ontario.
They were joined in opposition to the law by Quebec, Manitoba and New Brunswick – meaning that six provinces, making up over 80% of the Canadian population, believed the carbon tax was a violation of provincial jurisdiction.
The provinces contended that natural resources fall under provincial authority, and that the carbon tax essentially imposes a levy on resource development.
Ottawa, however, argued that climate change constitutes a national crisis and thus falls under federal responsibility.
In 2021, the Supreme Court ruled in favour of the federal government – on the premise that it could be applied as a “minimum national standard.”
“This is in fact the very premise of a federal scheme that imposes minimum national standards: Canada and the provinces are both free to legislate in relation to the same fact situation but the federal law is paramount.”
Just two years later, the Liberal-NDP coalition completely abandoned the minimum national standard by granting a carbon tax carve-out to home heating oils.
Here’s the catch.
In Alberta, Saskatchewan and Manitoba, less than one percent of households use home heating oils to keep their homes warm during cold weather.
That number rises to seven percent in New Brunswick, eighteen percent in Newfoundland and Labrador, thirty-two percent in Nova Scotia and forty percent in Prince Edward Island.
The carbon tax had become such an unpopular policy in Atlantic Canada that the Liberals, trying to stop their collapsing poll numbers, decided to try and regain some votes in the region.
If that weren’t enough, the Liberal government blatantly admitted that the decision was political.
On CTV’s Question Period, Rural Economic Development Minister Gudie Hutchings said “I can tell you, the (Liberal) Atlantic caucus was vocal with what they’ve heard from their constituents, and perhaps they need to elect more Liberals in the Prairies so that we can have that conversation, as well.”
So much for the “minimum national standard.”
Immediately, the constitutionality of the carbon tax was called into question.
Saskatchewan Premier Scott Moe said the move was “not about fairness or about families, it’s only about votes.”
Moe moved swiftly, announcing that SaskEnergy – the Crown corporation that supplies natural gas to residents – would no longer collect or remit the carbon tax on home heating bills in Saskatchewan.
In a misguided effort to curry political favour in the Atlantic provinces, the Liberals have completely compromised the legal standing of the carbon tax and opened the door for provinces to explore new legal avenues against their signature policy.
Now, the Alberta government is seizing that opportunity by filing an application for judicial review of the exemption with the Federal Court, requesting a declaration that the exemption is “both unconstitutional and unlawful.”
“Albertans simply cannot stand by for another winter while the federal government picks and chooses who their carbon tax applies to,” Smith said in a statement. “Since they won’t play fair, we’re going to take the federal government back to court.”
Minister of Justice Mickey Amery added that:
“This exemption is not only unfair to the vast majority of Canadians, but it is also unlawful as the federal government does not have the authority to make special exemptions for certain parts of the country under the Greenhouse Gas Pollution Pricing Act.”
“The federal government isn’t even following its own laws now. Someone needs to hold them accountable, and Alberta is stepping up to do just that.”
The carbon tax has always been unfair to western Canadians, where households use more energy per capita, thanks to our geography and climate.
In a press conference, Danielle Smith went further, saying:
“We’re calling on (the federal government) to repeal the carbon tax. We’ve been calling for that for years. The retail carbon tax is just punitive to taxpayers. It’s punitive to consumers.”
We agree.
It adds an additional expense at every level of the economy, affecting everything from home heating to transportation, and it creates an environment of higher prices on the goods and services we all rely on.
It’s time to take the action that should have been taken long ago.
It’s time to repeal the carbon tax.
Please sign this petition and join our effort to hold the federal government accountable:
Once you’ve signed, please share with your friends, family, and every Canadian.
Regards,
Josh Andrus
Executive Director
Project Confederation
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