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Energy

Next prime minister should swiftly dismantle Ottawa’s anti-energy agenda

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4 minute read

From the Fraser Institute

By Kenneth P. Green

Justin Trudeau’s imminent exit from office may mark the beginning of the end of a 10-year war on Canada’s energy sector, and by extension, Canada’s economy.

Canada is the world’s fourth-largest oil producer, currently supplying 6 per cent of global production. Canada is the fifth-largest producer of natural gas, supplying 5 per cent of global demand. The energy sector (oil, gas, electricity) constitutes more than 10 per cent of Canada’s total gross domestic product (GDP). In 2023, the latest year of available data, the energy sector provided, directly and indirectly, almost 700,000 jobs or 3.5 per cent of all jobs in Canada. And Canadian energy exports totalling $200 billion comprised 28 per cent of all Canadian exported goods.

But however vast and vital Canada’s energy sector is our wellbeing, Prime Minister Trudeau worked tirelessly to restrain, restrict, diminish and ultimately “phase out” Canada’s fossil fuel industries. Here are some of the highlights of his war on Canada’s energy sector.

In 2017, Trudeau introduced Bill C-48, which restricts oil tankers off Canada’s west coast and limits the ability of Canada’s oilsands sector to export product to new markets, keeping Canada’s energy resources trapped in a discount-price U.S. market. Also in 2017, much to the fury of many Albertans, Trudeau announced his intention to phase out oilsands production, the foundation of Alberta’s prosperity.

In 2018, Trudeau introduced Bill C-69, which tightened Canada’s environmental assessment process for major infrastructure projects and made the process of obtaining government permission for major energy projects more costly, time-consuming and arbitrary, thus increasing uncertainty across the energy sector. And he introduced the carbon tax despite strenuous opposition by Canada’s energy sector and energy-producing provinces.

In 2020, Trudeau launched his broadest and most intense regulatory crusade against Canada’s energy sector, introducing Bill C-12, which committed Canada to reach “net-zero” emissions of greenhouse gasses by 2050. Net-zero means Canada cannot emit more greenhouse gases via energy production and consumption than is taken out of the air by natural processes and the ecosystem. This would require vastly reduced production and consumption of fossil fuels in Canada, with consequences for the energy sector’s productivity and employment potential moving toward 2050.

In 2023, Trudeau attacked fossil fuel use in the transportation sector by mandating that all new cars sales be electric vehicles by 2035. And he released draft “clean electricity regulations” to phase out the use of fossil fuels in electricity generation by the year 2050.

During his time as prime minister, Trudeau attacked Canada’s energy sector, with eliminationist language and onerous regulations meant to essentially phaseout a major supplier of economic productivity and employment in Canada, to the great detriment of Canadians.

Hopefully, the next prime minister will reject Trudeau’s anti-energy agenda and have the will and ability to rescind the many damaging laws and regulations that that the Trudeau government has inflicted on a vital sector of the Canadian economy.

Business

Jury verdict against oil industry worries critics, could drive up energy costs

Published on

Offshore drilling rig Development Driller III at the Deepwater Horizon site May, 2010. 

From The Center Square

By 

“Did fossil fuels actually cause this impact?” Kochan said. “Then how much of these particular defendants’ fossil fuels caused this impact? These are the things that should be in a typical trial, because due process means you can’t be responsible for someone else’s actions. Then you have to decide, and can you trace the particular pollution that affected this community to the defendant’s actions?”

A $744 million jury verdict in Louisiana is at the center of a coordinated legal effort to force oil companies to pay billions of dollars to ameliorate the erosion of land in Louisiana, offset climate change and more.

Proponents say the payments are overdue, but critics say the lawsuits will hike energy costs for all Americans and are wrongly supplanting the state and federal regulatory framework already in place.

In the Louisiana case in question, Plaquemines Parish sued Chevron alleging that oil exploration off the coast decades ago led to the erosion of Louisiana’s coastline.

A jury ruled Friday that Chevron must pay $744 million in damages.

The Louisiana case is just one of dozens of environmental cases around the country that could have a dramatic – and costly – impact on American energy consumers.

While each environmental case has its own legal nuances and differing arguments, the lawsuits are usually backed by one of a handful of the same law firms that have partnered with local and state governments. In Louisiana, attorney John Carmouche has led the charge.

“If somebody causes harm, fix it,” Carmouche said to open his arguments.

Environmental arguments of this nature have struggled to succeed in federal courts, but they hope for better luck in state courts, as the Louisiana case was.

Those damages for exploration come as President Donald Trump is urging greater domestic oil production in the U.S. to help lower energy costs for Americans.

Daniel Erspamer, CEO of the Pelican Institute, told The Center Square that the Louisiana case could go to the U.S. Supreme Court, as Chevron is expected to appeal.

“So the issue at play here is a question about coastal erosion, about legal liability and about the proper role of the courts versus state government or federal government in enforcing regulation and statute,” Erspamer said.

Another question in the case is whether companies can be held accountable for actions they carried out before regulations were passed restricting them.

“There are now well more than 40 different lawsuits targeting over 200 different companies,” Erspamer said.

The funds would purportedly be used for coastal restoration and a kind of environmental credit system, though critics say safeguards are not in place to make sure the money would actually be used as stated.

While coastal erosion cases appear restricted to Louisiana, similar cases have popped up around the U.S. in the last 10 to 15 years.

Following a similar pattern, local and state governments have partnered with law firms to sue oil producers for large sums to help offset what they say are the effects of climate change, as The Center Square previously reported.

For instance, in Pennsylvania, Bucks County sued a handful of energy companies, calling for large abatement payments to offset the effects of climate change.

“There are all kinds of problems with traceability, causation and allocability,” George Mason University Professor Donald Kochan told The Center Square, pointing out the difficulty of proving specific companies are to blame when emissions occur all over the globe, with China emitting far more than the U.S.

“Did fossil fuels actually cause this impact?” Kochan said. “Then how much of these particular defendants’ fossil fuels caused this impact? These are the things that should be in a typical trial, because due process means you can’t be responsible for someone else’s actions. Then you have to decide, and can you trace the particular pollution that affected this community to the defendant’s actions?”

Those cases are in earlier stages and face more significant legal hurdles because of questions about whether plaintiffs can justify the cases on federal common law because it is difficult to prove than any one individual has been substantively and directly harmed by climate change.

On top of that, plaintiffs must also prove that emissions released by the particular oil companies are responsible for the damage done, which is complicated by the fact that emissions all over the world affect the environment, the majority of which originate outside the U.S.

“It’s not that far afield from the same kinds of lawsuits we’ve seen in California and New York and other places that more are on the emissions and global warming side rather than the sort of dredging and exploration side,” Erspamer said.

But environmental companies argue that oil companies must fork out huge settlements to pay for environmental repairs.

For now, the Louisiana ruling is a shot across the bow in the legal war against energy companies in the U.S.

Whether the appeal is successful or other lawsuits have the same impact remains to be seen.

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Alberta

Is Canada’s Federation Fair?

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The Audit David Clinton

Contrasting the principle of equalization with the execution

Quebec – as an example – happens to be sitting on its own significant untapped oil and gas reserves. Those potential opportunities include the Utica Shale formation, the Anticosti Island basin, and the Gaspé Peninsula (along with some offshore potential in the Gulf of St. Lawrence).

So Quebec is effectively being paid billions of dollars a year to not exploit their natural resources. That places their ostensibly principled stand against energy resource exploitation in a very different light.

You’ll need to search long and hard to find a Canadian unwilling to help those less fortunate. And, so long as we identify as members of one nation¹, that feeling stretches from coast to coast.

So the basic principle of Canada’s equalization payments – where poorer provinces receive billions of dollars in special federal payments – is easy to understand. But as you can imagine, it’s not easy to apply the principle in a way that’s fair, and the current methodology has arguably lead to a very strange set of incentives.

According to Department of Finance Canada, eligibility for payments is determined based on your province’s fiscal capacity. Fiscal capacity is a measure of the taxes (income, business, property, and consumption) that a province could raise (based on national average rates) along with revenues from natural resources. The idea, I suppose, is that you’re creating a realistic proxy for a province’s higher personal earnings and consumption and, with greater natural resources revenues, a reduced need to increase income tax rates.

But the devil is in the details, and I think there are some questions worth asking:

  • Whichever way you measure fiscal capacity there’ll be both winners and losers, so who gets to decide?
  • Should a province that effectively funds more than its “share” get proportionately greater representation for national policy² – or at least not see its policy preferences consistently overruled by its beneficiary provinces?

The problem, of course, is that the decisions that defined equalization were – because of long-standing political conditions – dominated by the region that ended up receiving the most. Had the formula been the best one possible, there would have been little room to complain. But was it?

For example, attaching so much weight to natural resource revenues is just one of many possible approaches – and far from the most obvious. Consider how the profits from natural resources already mostly show up in higher income and corporate tax revenues (including income tax paid by provincial government workers employed by energy-related ministries)?

And who said that such calculations had to be population-based, which clearly benefits Quebec (nine million residents vs around $5 billion in resource income) over Newfoundland (545,000 people vs $1.6 billion) or Alberta (4.2 million people vs $19 billion). While Alberta’s average market income is 20 percent or so higher than Quebec’s, Quebec’s is quite a bit higher than Newfoundland’s. So why should Newfoundland receive only minimal equalization payments?

To illustrate all that, here’s the most recent payment breakdown when measured per-capita:

Equalization 2025-26 – Government of Canada

For clarification, the latest per-capita payments to poorer provinces ranged from $3,936 to PEI, $1,553 to Quebec, and $36 to Ontario. Only Saskatchewan, Alberta, and BC received nothing.

And here’s how the total equalization payments (in millions of dollars) have played out over the past decade:

Is energy wealth the right differentiating factor because it’s there through simple dumb luck, morally compelling the fortunate provinces to share their fortune? That would be a really difficult argument to make. For one thing because Quebec – as an example – happens to be sitting on its own significant untapped oil and gas reserves. Those potential opportunities include the Utica Shale formation, the Anticosti Island basin, and the Gaspé Peninsula (along with some offshore potential in the Gulf of St. Lawrence).

So Quebec is effectively being paid billions of dollars a year to not exploit their natural resources. That places their ostensibly principled stand against energy resource exploitation in a very different light. Perhaps that stand is correct or perhaps it isn’t. But it’s a stand they probably couldn’t have afforded to take had the equalization calculation been different.

Of course, no formula could possibly please everyone, but punishing the losers with ongoing attacks on the very source of their contributions is guaranteed to inspire resentment. And that could lead to very dark places.

Note: I know this post sounds like it came from a grumpy Albertan. But I assure you that I’ve never even visited the province, instead spending most of my life in Ontario.

1

Which has admittedly been challenging since the former primer minister infamously described us as a post-national state without an identity.

2

This isn’t nearly as crazy as it sounds. After all, there are already formal mechanisms through which Indigenous communities get more than a one-person-one-vote voice.

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