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Energy

New federal law may actually inject more facts into ‘climate’ debate

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4 minute read

From the Fraser Institute

By Kenneth P. Green

A new federal law—Bill C-59, which received royal assent last month—has Canada’s oil and gas industry and the premiers of oil and gas provinces up in arms.

Specifically, in legalese, it allows government or outside litigants to review a “representation to the public in the form of a statement, warranty or guarantee of a product’s benefits for protecting the environment or mitigating the environmental and ecological effects of climate change that is not based on an adequate and proper test, the proof of which lies on the person making the representation.”

These “reviews” would be conducted by government courts where claimants would have to prove the truthfulness of what they were saying.

Opponents of the law argue that it constitutes a gag order on Canada’s oil and gas sector, to prevent them from marketing their products, services and technologies in a positive way. And indeed, the legislation would gag a lot oil and gas sector talk, because all claims about climate change are highly uncertain. The law would impose severe penalties on those who can’t prove themselves innocent of misrepresentation, including fines up to $15,000,000.

Industry and political objections aside, however, a good argument can be made that government does have a legitimate interest in deterring businesses from engaging in fraudulent practices or false advertising.

For example, while warming is certainly real (1.1 degrees Celsius since 1850), the human contribution to this warming is unclear. Potentially harmful changes to the climate radiating from that increased warming are highly unclear, and the ultimate impacts on human health stemming from climate change are almost completely unknown and unknowable, depending, as they would, on unpredictable economic, technologic and social factors.

Thus, any claims about a technology such as “carbon capture and storage” reducing the risks of climate change almost certainly can’t be proven truthful in a rigorous cause-and-effect way before a courtroom standard of truth in advertising.

Similarly, technologies and practices that reduce the carbon intensity of oil and gas production, often portrayed as mitigating climate risk, cannot be shown to do so in a direct provable cause-and-effect way, because climate risks themselves are multi-factorial and still speculative, and the impacts of relatively small emission reductions remain unquantifiable.

With this new federal law, the Trudeau government seemingly wants to prevent the oil and gas sector from defending its products, operations, technologies and services on the grounds that some of their actions have already, and will in future, mitigate climate risk. The oil and gas industry and its supporters say this will render the industry unable to defend itself from onerous regulations and government actions meant to drive them out of business.

Of course, a fair argument can be made that businesses in the oil and gas sector should not make claims about climate change mitigation that they can’t back up in court, and that they should be subject to the same scrutiny as any other business. And due to this new law, they will likely appear in court someday to defend themselves against the government’s long-stated belief that the industry should be shut down.

However, to the extent the new law is limited to particularly unprovable claims regarding certain technologies, this may not be an entirely bad thing. It may actually force Canada’s climate policy discussions to be grounded more in fact than fancy.

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2025 Federal Election

Mark Carney Wants You to Forget He Clearly Opposes the Development and Export of Canada’s Natural Resources

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From Energy Now

At COP26, Mark Carney also said that he thinks “we have both far far too many fossil fuels in the world” and “as much as half of oil reserves, proven oil reserves need to stay in the ground” climate goals.

Mark Carney claims that he supports Canada’s oil and gas industry and wants to see Canada export more of our natural resources. But Carney is yet again lying.

If Carney was sincere, he would immediately commit to the full repeal of the Liberals’ C-69, the ‘No More Pipelines’ Act, C-48, the West Coast Tanker Ban, and the production cap. Instead he doubled down on capping Canadian energy production.

But it’s not just that, Mark Carney has a clear history of opposing Canadian energy and infrastructure projects in favour of his radical anti-energy ideology and his goal of shutting down Canadian energy production.

However, while deliberately fighting against Canadian energy, this high flying hypocrite was having his company, Brookfield Asset Management, invest in some of the largest global pipeline projects in Brazil and the United Arab Emirates.

When asked by Conservative Party Leader Pierre Poilievre at an Industry Committee meeting, if he supported Justin Trudeau’s decision to veto the Northern Gateway pipeline, Mark Carney said “given both environmental and commercial reasons … I think it’s the right decision.”

Then, just six months later at COP26, Mark Carney also said that he thinks “we have both far far too many fossil fuels in the world” and “as much as half of oil reserves, proven oil reserves need to stay in the ground” climate goals.

If this wasn’t enough Mark Carney has now teamed up with Trudeau’s radical anti-energy ministers to finish off Canada’s energy sector, a goal that he has outlined while attending a World Economic Forum event in Davos.

Starting with the radical, self-proclaimed socialist, Steven Guilbeault, who’s history of anti-energy and infrastructure policies is all too familiar to Canadians.

Mark Carney has enabled Steven Guilbeault to do even more damage by promoting him to his Quebec Lieutenant, giving him three new ministerial responsibilities so he can continue his climate crusade against Canadian energy and infrastructure projects.

Canadians remember when Guilbeault said that “I disagree with the [Trans Mountain] pipeline” and that “Canada shouldn’t be investing in new infrastructure for fossil fuels.”

They also remember when he proudly proclaimed that “Our government has made the decision to stop investing in new road infrastructure.” All from a minister who shamed Canadians for owning cars.

Then there is the pipeline hating Jonathan Wilkinson, who Carney appointed as Canada’s Minister of Energy and Natural Resources. Recently, Wilkinson wrote a scathing letter to Canada’s energy leaders for their opposition to the Carney-Trudeau Liberals production cap on Canadian oil and gas.

Despite Canadian industries being subject to unjustified tariffs from the United States, Jonathan Wilkinson recently told reporters that “Everybody’s sort of running around saying, ‘Oh my God, we need a new pipeline, we need a new pipeline.’ The question is, well, why do we need a new pipeline?”

Finally, there is Carney’s new Minister of Environment and Climate Change Terry Duguid.  Duguid has doubled down on Mark Carney’s climate radicalism by stating that “a Mark Carney government will maintain the cap on emissions from the production of oil and gas”.

From 2015 to 2021 Carney-Trudeau environmental and anti-industry policies have cancelled over $176 billion in Canadian energy projects, with many more being cancelled afterwards. That means $176 billion worth of jobs and powerful paycheques have been blocked from Canadians so Mark Carney and his Ministers can impose their radical net zero ideology.

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2025 Federal Election

Canada’s pipeline builders ready to get to work

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From the Canadian Energy Centre

By Deborah Jaremko

“We’re focusing on the opportunity that Canada has, perhaps even the obligation”

It was not a call he wanted to make.

In October 2017, Kevin O’Donnell, then chief financial officer of Nisku, Alta.-based Banister Pipelines, got final word that the $16-billion Energy East pipeline was cancelled.

It was his job to pass the news down the line to reach workers who were already in the field.

“We had a crew that was working along the current TC Energy line that was ready for conversion up in Thunder Bay,” said O’Donnell, who is now executive director of the Mississauga, Ont.-based Pipe Line Contractors Association of Canada (PLCAC).

“I took the call, and they said abandon right now. Button up and abandon right now.

“It was truly surreal. It’s tough to tell your foreman, who then tells their lead hands and then you inform the unions that those three or four or five million man-hours that you expected are not going to come to fruition,” he said.

Workers guide a piece of pipe along the Trans Mountain expansion route. Photograph courtesy Trans Mountain Corporation

“They’ve got to find lesser-paying jobs where they’re not honing their craft in the pipeline sector. You’re not making the money; you’re not getting the health and dental coverage that you were getting before.”

O’Donnell estimates that PLCAC represents about 500,000 workers across Canada through the unions it works with.

With the recent completion of the Trans Mountain expansion and Coastal GasLink pipelines – and no big projects like them coming on the books – many are once again out of a job, he said.

It’s frustrating given that this could be what he called a “golden age” for building major energy infrastructure in Canada.

Together, more than 62,000 people were hired to build the Trans Mountain expansion and Coastal GasLink projects, according to company reports.

O’Donnell is particularly interested in a project like Energy East, which would link oil produced in Alberta to consumers in Eastern and Atlantic Canada, then international markets in the offshore beyond.

“I think Energy East or something similar has to happen for millions of reasons,” he said.

“The world’s demanding it. We’ve got the craft [workers], we’ve got the iron ore and we’ve got the steel. We’re talking about a nation where the workers in every province could benefit. They’re ready to build it.”

The “Golden Weld” marked mechanical completion of construction of the Trans Mountain Expansion Project on April 11, 2024. Photo courtesy Trans Mountain Corporation

That eagerness is shared by the Progressive Contractors Association of Canada (PCA), which represents about 170 construction and maintenance employers across the country.

The PCA’s newly launched “Let’s Get Building” advocacy campaign urges all parties in the Canadian federal election run to focus on getting major projects built.

“We’re focusing on the opportunity that Canada has, perhaps even the obligation,” said PCA chief executive Paul de Jong.

“Most of the companies are quite busy irrespective of the pipeline issue right now. But looking at the long term, there’s predictability and long-term strategy that they see missing.”

Top of mind is Ottawa’s Impact Assessment Act (IAA), he said, the federal law that assesses major national projects like pipelines and highways.

In 2023, the Supreme Court of Canada found that the IAA broke the rules of the Canadian constitution.

Construction of the Coastal GasLink pipeline. Photograph courtesy Coastal GasLink

The court found unconstitutional components including federal overreach into the decision of whether a project requires an impact assessment and whether a project gets final approval to proceed.

Ottawa amended the act in the spring of 2024, but Alberta’s government found the changes didn’t fix the issues and in November launched a new legal challenge against it.

“We’d like to see the next federal administration substantially revisit the Impact Assessment Act,” de Jong said.

“The sooner these nation-building projects get underway, the sooner Canadians reap the rewards through new trading partnerships, good jobs and a more stable economy.”

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