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Energy

Supreme Court ruling on federal environmental law a step toward brighter industrial future

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From the MacDonald Laurier Institute

By Heather Exner-Pirot

Now we need to build: to meet net-zero goals, to supply our allies with energy and critical minerals, to compete with the U.S. Inflation Reduction Act, to bolster our anemic economy – take your pick

In a strong rebuke to the federal government, the Supreme Court on Friday issued its long-awaited opinion on the constitutionality of the Impact Assessment Act (IAA). In a 5 to 2 decision, the majority found that the Liberal government’s regulations for major projects such as oil and gas operations and mines violate provincial jurisdiction.

The decision will have lasting impact. It is a piece of cautiously optimistic news for the industry, paving the way for realizing its greatest desire: to move away from concurrent and competing federal and provincial processes for project approval, toward a more efficient principle of one project, one assessment.

There will be immediate impacts, too. It’s hard to see how the Liberal government’s proposed clean electricity regulations and oil and gas emissions cap, which is contentious on similar grounds, can now be seen as constitutional.

In the wake of the decision on Friday, the federal government promised to amend the act. The decision provides good reason for the government to start looking at its other environmental regulations through the same lens.

The IAA, which became law in 2019 after contentious Senate hearings and months of public protests, is unpopular for wholly legitimate reasons. It duplicated and often competed with provincial processes for approving natural resources projects, adding time, money, confusion and risk for companies.

It also politicized the regulatory process, allowing the federal minister of environment and climate change to designate just about any resource project in the country for assessment, and then effectively veto it too. The results, if unchecked: a quiet quitting of investors and proponents who then move their capital to greener, more predictable pastures.

Even before the Supreme Court opinion on the IAA came out, the Liberals had promised to reform it. Friday’s decision gives the government additional impetus to do it properly.

The opportunity in those forthcoming amendments is not for the federal government to take bad, unconstitutional regulatory legislation and turn it into bad, constitutional legislation. The times demand much more. The act reflected an outdated way of thinking that saw the environment and Indigenous peoples as inherently needing to be protected from the provinces and the resource sector. But the world has changed.

Now we need to build: to meet net-zero goals, to supply our allies with energy and critical minerals, to compete with the U.S. Inflation Reduction Act, to bolster our anemic economy – take your pick. Where we once applied sticks to major energy and resource projects, we now need to offer carrots. This needs to be reflected in the amendments to the IAA.

In the Liberal government’s news conference responding to the opinion, Energy and Natural Resources Minister Jonathan Wilkinson expressed hope that this would be the last time the federal and provincial governments settled their differences in court, saying “Canada works best when Canadians work together.”

Let’s all hope that happens.

A large and critical part of Canada’s economy has found itself in the crosshairs of jurisdictional infighting. It has created polarization and uncertainty, and investors and proponents of projects abhor it. Our country needs and deserves a functional regulatory process – one that doesn’t just prevent bad projects, but advances good ones, too. The Supreme Court’s decision is an opening to create one.

Heather Exner-Pirot is director of energy, natural resources and environment at the Macdonald-Laurier Institute.

Alberta

Carney government’s anti-oil sentiment no longer in doubt

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From the Fraser Institute

By Kenneth P. Green

The Carney government, which on Monday survived a confidence vote in Parliament by the skin of its teeth, recently released a “second tranche of nation-building projects” blessed by the Major Projects Office. To have a chance to survive Canada’s otherwise oppressive regulatory gauntlet, projects must get on this Caesar-like-thumbs-up-thumbs-down list.

The first tranche of major projects released in September included no new oil pipelines but pertained largely to natural gas, nuclear power, mineral production, etc. The absence of proposed oil pipelines was not surprising, as Ottawa’s regulatory barricade on oil production means no sane private company would propose such a project. (The first tranche carries a price tag of $60 billion in government/private-sector spending.)

Now, the second tranche of projects also includes not a whiff of support for oil production, transport and export to non-U.S. markets. Again, not surprising as the prime minister has done nothing to lift the existing regulatory blockade on oil transport out of Alberta.

So, what’s on the latest list?

There’s a “conservation corridor” for British Columbia and Yukon; more LNG projects (both in B.C.); more mineral projects (nickel, graphite, tungsten—all electric vehicle battery constituents); and still more transmission for “clean energy”—again, mostly in B.C. And Nunavut comes out ahead with a new hydro project to power Iqaluit. (The second tranche carries a price tag of $58 billion in government/private-sector spending.)

No doubt many of these projects are worthy endeavours that shouldn’t require the imprimatur of the “Major Projects Office” to see the light of day, and merit development in the old-fashioned Canadian process where private-sector firms propose a project to Canada’s environmental regulators, get necessary and sufficient safety approval, and then build things.

However, new pipeline projects from Alberta would also easily stand on their own feet in that older regulatory regime based on necessary and sufficient safety approval, without the Carney government additionally deciding what is—or is not—important to the government, as opposed to the market, and without provincial governments and First Nations erecting endless barriers.

Regardless of how you value the various projects on the first two tranches, the second tranche makes it crystal clear (if it wasn’t already) that the Carney government will follow (or double down) on the Trudeau government’s plan to constrain oil production in Canada, particularly products derived from Alberta’s oilsands. There’s nary a mention that these products even exist in the government’s latest announcement, despite the fact that the oilsands are the world’s fourth-largest proven reserve of oil. This comes on the heels on the Carney government’s first proposed budget, which also reified the government’s fixation to extinguish greenhouse gas emissions in Canada, continue on the path to “net-zero 2050” and retain Canada’s all-EV new car future beginning in 2036.

It’s clear, at this point, that the Carney government is committed to the policies of the previous Liberal government, has little interest in harnessing the economic value of Canada’s oil holdings nor the potential global influence Canada might exert by exporting its oil products to Asia, Europe and other points abroad. This policy fixation will come at a significant cost to future generations of Canadians.

Kenneth P. Green

Senior Fellow, Fraser Institute
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Energy

Carney bets on LNG, Alberta doubles down on oil

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This article supplied by Troy Media.

Troy MediaBy Rashid Husain Syed

Carney is promoting LNG as Canada’s future. Alberta insists the future still runs through oil

Prime Minister Mark Carney is a man in a hurry. He’s fast-tracking energy megaprojects to position Canada as a global LNG powerhouse, but Alberta’s oil ambitions and the private sector’s U.S. focus could throw his plan off course.

It’s all part of a broader federal strategy to reframe Canada’s energy priorities and show that his government is delivering economic results. Some say the motivation is political, with a fragile minority government and the potential for a snap election.
Others say it’s about legacy: Carney wants to be remembered as the prime minister who put Canada back on the global energy map.

That ambition came into sharper focus last week. On Thursday, he announced a second wave of projects being sent to the federal Major Projects Office, a body set up to fast-track infrastructure Ottawa sees as vital to national priorities.

The new list includes the Ksi Lisims liquefied natural gas project and the North Coast Transmission Line in British Columbia, along with a hydroelectric project in Nunavut. It also features nickel, graphite and tungsten mines in Ontario, Quebec and New Brunswick.

Ksi Lisims is the second LNG project Ottawa has submitted to the Major Projects Office.

Carney’s goal is clear, according to Lisa Baiton, president of the Canadian Association of Petroleum Producers. “With Ksi Lisims LNG and the related Prince Rupert Gas Transmission project joining LNG Canada Phase 2 on the major projects list, paired with Cedar and Woodfibre LNG, which are already under construction, Canada is on a path to become one of the top five LNG exporters in the world,” she said in a statement.

But not everyone is on the same page, especially Alberta.

The first batch of fast-tracked projects, announced two months ago, included a Montreal port expansion, a small modular nuclear plant in Ontario, mining projects in Saskatchewan and British Columbia, and LNG Canada Phase 2.

Alberta’s proposed oil export pipeline project was on neither list.

Premier Danielle Smith had said she hoped an agreement with Ottawa would be finalized by early last week to allow a new bitumen pipeline to proceed. That didn’t happen. But in a statement last Wednesday, her office said “sensitive” negotiations are continuing.

“Currently, we are working on a (memorandum of understanding) agreement with the federal government that includes the removal, carveout or overhaul of several damaging laws chasing away private investment in our energy sector, and an agreement to work towards ultimate approval of a bitumen pipeline to Asian markets,” the statement said.

Alberta argues such pipelines are critical if Canada is serious about energy diversification and global exports, particularly to Asia, where demand is rising. So far, those arguments don’t appear to have moved Carney.

With no federal deal in place, the industry is moving ahead with its own export agenda by doubling down on the U.S. market.

Enbridge has approved $1.4 billion in upgrades to its Mainline and Flanagan South pipelines, adding 250,000 barrels per day of capacity to move Canadian crude to the U.S. Midwest and Gulf Coast. The expansion is expected to come online in 2027.

The company also plans to test commercial demand in 2026 for a second phase of Mainline expansion that could add another 250,000 barrels per day.

Colin Gruending, Enbridge’s president of liquids pipelines, said the U.S. remains the most logical export market for Canadian oil, followed by Asia via the West Coast. The federal government’s goal of reducing reliance on U.S. buyers may take time.

Trans Mountain Corp., which moves oil sands crude to the Vancouver area for export, is reportedly also considering ways to increase volumes quickly and affordably.

Keystone XL, the pipeline project killed by former U.S. president Joe Biden in 2021, may also be back in play. The existing Keystone system, now owned by South Bow Corp., moves Canadian oil to U.S. Gulf Coast refineries. The cancelled XL expansion would have added new pipe and a more direct route south.

Whether Carney’s push makes Canada an LNG superpower or hits a wall of regional resistance and market reality, the energy and political maps are shifting.

Toronto-based Rashid Husain Syed is a highly regarded analyst specializing in energy and politics, particularly in the Middle East. In addition to his contributions to local and international newspapers, Rashid frequently lends his expertise as a speaker at global conferences. Organizations such as the Department of Energy in Washington and the International Energy Agency in Paris have sought his insights on global energy matters.

Troy Media empowers Canadian community news outlets by providing independent, insightful analysis and commentary. Our mission is to support local media in helping Canadians stay informed and engaged by delivering reliable content that strengthens community connections and deepens understanding across the country.

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