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‘Canada should be bold and more intentional…and respond to a world thirsty for more Canadian-made energy, food and critical minerals’

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From the Canadian Energy Centre

By Deborah Jaremko

Bare minimum amendments to Impact Assessment Act ‘do little’ to address Supreme Court’s concerns

One year ago, the Supreme Court of Canada found the federal government’s law to assess major projects like pipelines and highways breaks the rules of the Canadian constitution.

There’s a good chance it still does, despite amendments enacted this spring.

Lawyers with firms including Osler, Hoskin & Harcourt, Bennett Jones and Fasken have warned  that Ottawa’s changes to the Impact Assessment Act (IAA) leave it open to further constitutional challenges.

One could come from Alberta as soon as November 1, following a four-week deadline set by Premier Danielle Smith for the federal government to address the province’s concerns.

“I don’t think that the amendments have responded adequately to the Supreme Court of Canada’s decision,” says Brad Gilmour, a partner at Osler, Hoskin & Harcourt who co-argued Alberta’s successful 2023 reference case to the Supreme Court.

The governments of Ontario, British Columbia, Saskatchewan, Quebec, Newfoundland and Labrador, New Brunswick and Manitoba supported Alberta’s case, arguing that the IAA had exceeded federal jurisdiction.

The Supreme Court largely agreed, while allowing that there is a place for federal assessment of major projects.

“The court had some significant concerns about federal overreach into areas of provincial jurisdiction, and I think that the amendments have done really little to address that broad concern,” Gilmour says.

“They’ve made very minor changes to the sections that the courts found to be unconstitutional, and the wording they use lacks clarity and lacks certainty.”

Components of the IAA that the Supreme Court found unconstitutional include the decision that starts the process – whether a project requires a federal impact assessment and the decision at its conclusion – whether or not a project should receive final approval to proceed.

“It appears the government has done the minimum possible to address the Supreme Court’s concerns, adding qualifiers to its areas of authority, but failing to correct the legislation’s negative impacts on the pace, cost and efficiency of project approvals,” wrote the Business Council of Canada’s Michael Gullo and Heather Exner-Pirot.

“Canada can’t wait and should be bold and more intentional in its effort to grow market share and respond to a world thirsty for more Canadian-made energy, food and critical minerals.”

According to Gullo and Exner-Pirot, the negative impact of the IAA legislation, which came into effect in 2019, can be seen in Canada’s national inventory of major resource projects.

In 2015, there were 88 energy projects completed with a value of $53 billion. In 2023, that figure halved to 56 completed projects with a value of $26 billion.

Alberta’s government says it has “made repeated requests” for the federal government to consult with the province on the amendments, to no effect.

“Alberta is not taking their foot off the pedal in pushing back,” Exner-Pirot told CEC.

“Our country’s energy and natural resources cannot be developed in a timely and economic manner under the current federal regulatory regime. This is affecting not only the economy, but also our security and our efforts to move to lower emitting energy sources.”

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Alberta

Albertans have contributed $53.6 billion to the retirement of Canadians in other provinces

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From the Fraser Institute

By Tegan Hill and Nathaniel Li

Albertans contributed $53.6 billion more to CPP then retirees in Alberta received from it from 1981 to 2022

Albertans’ net contribution to the Canada Pension Plan —meaning the amount Albertans paid into the program over and above what retirees in Alberta
received in CPP payments—was more than six times as much as any other province at $53.6 billion from 1981 to 2022, finds a new report published today by the Fraser Institute, an independent, non-partisan Canadian public policy think-tank.

“Albertan workers have been helping to fund the retirement of Canadians from coast to coast for decades, and Canadians ought to know that without Alberta, the Canada Pension Plan would look much different,” said Tegan Hill, director of Alberta policy at the Fraser Institute and co-author of Understanding Alberta’s Role in National Programs, Including the Canada Pension Plan.

From 1981 to 2022, Alberta workers contributed 14.4 per cent (on average) of the total CPP premiums paid—Canada’s compulsory, government- operated retirement pension plan—while retirees in the province received only 10.0 per cent of the payments. Alberta’s net contribution over that period was $53.6 billion.

Crucially, only residents in two provinces—Alberta and British Columbia—paid more into the CPP than retirees in those provinces received in benefits, and Alberta’s contribution was six times greater than BC’s.

The reason Albertans have paid such an outsized contribution to federal and national programs, including the CPP, in recent years is because of the province’s relatively high rates of employment, higher average incomes, and younger population.

As such, if Alberta withdrew from the CPP, Alberta workers could expect to receive the same retirement benefits but at a lower cost (i.e. lower payroll tax) than other Canadians, while the payroll tax would likely have to increase for the rest of the country (excluding Quebec) to maintain the same benefits.

“Given current demographic projections, immigration patterns, and Alberta’s long history of leading the provinces in economic growth, Albertan workers will likely continue to pay more into it than Albertan retirees get back from it,” Hill said.

Understanding Alberta’s Role in National Programs, Including the Canada Pension Plan

  • Understanding Alberta’s role in national income transfers and other important programs is crucial to informing the broader debate around Alberta’s possible withdrawal from the Canada Pension Plan (CPP).
  • Due to Alberta’s relatively high rates of employment, higher average incomes, and younger population, Albertans contribute significantly more to federal revenues than they receive back in federal spending.
  • From 1981 to 2022, Alberta workers contributed 14.4 percent (on average) of the total CPP premiums paid while retirees in the province received only 10.0 percent of the payments. Albertans net contribution was $53.6 billion over the period—approximately six times greater than British Columbia’s net contribution (the only other net contributor).
  • Given current demographic projections, immigration patterns, and Alberta’s long history of leading the provinces in economic growth and income levels, Alberta’s central role in funding national programs is unlikely to change in the foreseeable future.
  • Due to Albertans’ disproportionate net contribution to the CPP, the current base CPP contribution rate would likely have to increase to remain sustainable if Alberta withdrew from the plan. Similarly, Alberta’s stand-alone rate would be lower than the current CPP rate.

 

Tegan Hill

Director, Alberta Policy, Fraser Institute

Nathaniel Li

Senior Economist, Fraser Institute
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Alberta

Alberta Institute urging Premier Smith to follow Saskatchewan and drop Industrial Carbon Tax

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From the Alberta Institute

Axe Alberta’s Industrial Carbon Tax

Aside from tariffs, carbon taxes have been the key topic of the election campaign so far, with Mark Carney announcing that the Liberals would copy the Conservatives’ long-standing policy to axe the tax – but with a big caveat.

You see, it’s misleading to talk about the carbon tax as if it were a single policy.

In fact, that’s what the Liberals would like you to think because it helps them hide all the other carbon taxes they’ve forced on Canadians and on the Provinces.

Broadly speaking, there are actually four types of carbon taxes in place in Canada:

  1. A federal consumer carbon tax
  2. A federal industrial carbon tax
  3. Various provincial consumer carbon taxes
  4. Various provincial industrial carbon taxes

Alberta was actually the first jurisdiction anywhere in North America to introduce a carbon tax in 2007, when Premier Ed Stelmach introduced a provincial industrial carbon tax.

Then, as we all know, the Alberta NDP introduced a provincial consumer carbon tax in 2017.

The provincial consumer carbon tax was short-lived, as the UCP repealed it in 2019.

But, unfortunately, the UCP failed to repeal the provincial industrial carbon tax at the same time.

Worse, by then, the federal Liberals had introduced a federal consumer carbon tax and a federal industrial carbon tax as well!

Flash forward to 2025, and the political calculus has changed dramatically.

Mark Carney might only be promising to get rid of the federal consumer carbon tax, but Pierre Poilievre is promising to get rid of both the federal consumer carbon tax and the federal industrial carbon tax.

This is a clear opportunity, and yesterday, Scott Moe jumped on it.

He announced that Saskatchewan will also be repealing its provincial industrial carbon tax.

Saskatchewan never had a provincial consumer carbon tax, which means that, within just a few weeks, people in Saskatchewan could be paying ZERO carbon tax of ANY kind.

Alberta needs to follow Saskatchewan’s lead.

The Alberta government should immediately repeal Alberta’s provincial industrial carbon tax.

There’s no excuse for our provincial government to continue burdening our industries with unnecessary costs that hurt competitiveness and deter investment.

These taxes make it harder for businesses to thrive, grow, and create jobs, especially when other provinces are taking action to eliminate similar policies.

Premier Danielle Smith must act now and eliminate the provincial industrial carbon tax in Alberta.

If you agree, please sign our petition calling on the Alberta government to Axe Alberta’s Industrial Carbon Tax today:

 

 

After you’ve signed, please send the petition to your friends, family, and wider network, so that every Albertan can have their voice heard!

– The Alberta Institute Team

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