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Energy

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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Energy

Is Canada the next nuclear superpower?

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From Resource Works 

The rise of AI and other technologies have pushed energy demand through the roof, and Canada can help power that with nuclear. 

Good to see Prime Minister Justin Trudeau pushing nuclear power as a key contributor to meeting the world’s soaring demand for electricity.

“The energy consumption necessary around AI (artificial intelligence) nobody has properly understood yet,” he said. “We have stepped up big time on nuclear.”

He cited Canada’s uranium reserves and progress in building both full-scale CANDU reactors and small modular reactors (SMRs). He said other countries need to “skate where the puck is going” on cleaner energy sources.

“We know that if we are going to meet our net-zero targets around the world, and certainly in this region, nuclear is going to be really part of the mix.”

He stopped short of saying Canada would build more major nuclear reactors for domestic use but spoke about the development of SMRs. Ottawa has previously stated it wants to become “a global leader in SMR deployment.”

Meanwhile, International Trade Minister Mary Ng said Canada is launching a gateway for nuclear development in the Asia-Pacific region. She said growing Pacific Rim economies will face increasing demand for electricity, not just to curb emissions.

“All this followed CANDU licence-holder AtkinsRéalis announcing a “multi-billion-dollar” sale of two CANDU reactors to Romania, the first to be built since 2007. The federal government contributed $3 billion, the company said.

And in one of our Resource Works Power Struggle podcasts, energy journalist Robert Bryce said: “We’re seeing the revitalization of the nuclear sector… There are a lot of promising signs.”

Also from Bryce: “Forty-seven per cent of the people on the planet today live in electricity poverty. There are over three billion people who live in the unplugged world; 3.7 billion who live in places where electricity consumption is less than what’s consumed by an average kitchen refrigerator.”

Policy Options magazine notes how Canada and 21 other countries signed a 2023 pledge to triple nuclear energy capacity by 2050, and says: “The reality would appear to be clear: there is no feasible net-zero future without the deployment of new nuclear power.”

For Canada, it adds: “We have an opportunity to expand our global status, but this requires overcoming years of policy inaction while other nations have modernized their nuclear strategies. To triple our nuclear capacity by 2050, we need clear priorities and unwavering political commitment.”

Earlier this year, François-Philippe Champagne, federal minister of innovation, science and industry, said nuclear power needs to grow for the world’s renewable-energy economy.

“Nuclear, definitely. For me, we have to look at hydro, we have to look at nuclear, we have to look at small modular reactors, we have to look at wind, we have to look at solar.”

Jonathan Wilkinson, energy and natural resources minister, promised to expedite the approval process for new Canadian nuclear projects.

Canada now gets about 15% of its electricity from nuclear generation, mostly from reactors in Ontario.

But the last nuclear reactor to come into service in Canada was at the Darlington station, east of Toronto, back in 1993. No new nuclear project has been approved since then, but multi-million-dollar upgrades are underway at existing Ontario plants.

Heather Exner-Pirot of the Macdonald-Laurier Institute and Jesse McCormick of the First Nations Major Projects Coalition see SMRs and micro-reactors as a plus for rural and remote areas of Canada that now rely on diesel to generate power. Some First Nations are also interested.

However, the two commentators point out that nuclear developers will need Indigenous support and will have to “provide meaningful economic benefits and consider Indigenous perspectives in project design.”

Now, the Wabigoon Lake nation in Ontario has stepped up as a potential host to a deep underground facility for storing nuclear waste.

As Canada looks to SMRs to meet electricity demand, our country also hopes to sell more uranium to other nations—perhaps with a little help from Russia.

In October, Russian President Vladimir Putin proposed restrictions on Russian uranium exports in retaliation for Western sanctions on Russian oil, gas, and LNG.

That boosted hopes for increased exports of Canadian uranium.

Canada, once the world’s largest uranium producer, is now the world’s second-largest, behind Kazakhstan, and accounts for roughly 13% of global output.

Putin’s threat gave more momentum to the plans underway by NexGen Energy for its $4-billion Rook 1 uranium mine in Saskatchewan.

The Canadian Nuclear Safety Commission has completed its final technical review of the project. Next comes a commission hearing, followed by a final decision on approval.

NexGen is working on detailed engineering plans in preparation for full construction, pending federal approval.

NexGen could push Canada to become the world’s largest uranium producer over the next decade. Other companies are rushing to Saskatchewan to start exploration projects in the Athabasca region, while existing players are reopening dormant mines.

All this follows the commitment by nearly two dozen countries in 2023 to triple their nuclear-energy output by 2050.

And so Britain’s BBC News topped a recent roundup on nuclear power with this headline: “Why Canada could become the next nuclear energy ‘superpower’.”

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Alberta

REPORT: Alberta municipalities hit with $37 million carbon tax tab in 2023

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Grande Prairie. Getty Images photo

From the Canadian Energy Centre

By Laura Mitchell

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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