Energy
Free Speech Was Curtailed In Canada. Did You Notice?
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From the Frontier Centre for Public Policy
We’ve seen this before, of course… The Soviets under Lenin and Stalin, and Maoists in China made denunciation commonplace. Don’t like someone? Denounce them for anti-revolutionary speech and have them hauled off to the gulag for 10 years
In the waning days of June, the federal Liberal government, supported by the New Democratic Party, passed legislation to take away some of the rights to free speech in Canada.
Bill C-59 was an omnibus budget bill, which meant its passage was assured lest the government fall. And there are some amendments to the Competition Act within C-59 which are effectively a gag law for you, me, and everybody else.
Gag law
I honestly wasn’t aware of it until Minister of Justice and Attorney General Bronwyn Eyre held a press scrum at the Saskatchewan Oil and Gas Show on June 5 to talk about this. She called it a “gag law,” and it has become evident those were very fitting words.
The additions to the budget impact the Competition Act, for the purpose of eliminating “greenwashing.” The significant clauses state:
“A person engages in reviewable conduct who, for the purpose of promoting, directly or indirectly, the supply or use of a product or for the purpose of promoting, directly or indirectly, any business interest, by any means whatever …
“(b.1) Makes a representation to the public in the form of a statement, warranty or guarantee of a product’s benefits for protecting or restoring the environment or mitigating the environmental, social and ecological causes or 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;
“(b.2) Makes a representation to the public with respect to the benefits of a business or business activity for protecting or restoring the environment or mitigating the environmental and ecological causes or effects of climate change that is not based on adequate and proper substantiation in accordance with internationally recognized methodology, the proof of which lies on the person making the representation.”
The penalties for a corporation can be up to three per cent of global revenue.
Charlie Angus’ influence
The Bill was introduced last November, but these portions were amended since then. And you can see from a briefing submission from the environmental lobby, some of their suggestions were implemented.
It also seems to be an extension of Charlie Angus private members bill, which was banning the promotional petroleum in early February. I think that was a trial balloon. No one really thought anything would come of it, but the essence of that bill was already in Section 236 of C-59, with amendments made at the very end of the budgetary process.
This move seems to be a back-door implementation of NDP MP Charlie Angus’ private members bill, Bill C-372, which sought to shut down all oil and gas advertising. Angus’ press release said, “Passage of Bill C-372 will mean that no fossil fuel company will be able to advertise, promote their products, nor mislead the public about the health and environmental threats posed by the burning of fossil fuels, which the World Health Organization now says is the biggest global health threat of the 21st century.”
Isn’t that eerily similar to the clauses noted above?
Saskatchewan calls it a gag law
Eyre told reporters on June 5, “This is a gag law. It’s a federal gag law. It’s Charlie Angus’ fossil fuels advertising act in another form, and it is very serious. That’s what the letter expresses, our profound alarm at this rushed bill, Bill C-59, which is part of an omnibus budget bill. It was rushed, it was done without consultation with any of the provinces. And it could have a very profound effect, very sobering effect harmful effects on our economy, frankly, so very, very concerned about C-59.”
Premier Scott Moe posted on social media on July 2, “It’s a wonder why the federal government would want to put a gag order on Saskatchewan oil and gas companies when they are having great success with their emission reductions. In fact, our energy sectors greenhouse gas emissions last year were 67 per cent below levels reported in 2015. Our government will continue to fight against the Liberal-NDP Coalition Bill C-59 plan in order to protect Saskatchewan’s energy sector.”
Such a statement, made by a provincial premier, no less, could possibly be considered afoul of the law, if he had made these statements after June 20, 2025, when the law is implemented.
Did Moe quote “proper substantiation in accordance with internationally recognized methodology?” After all, according to the law of the land now, “the proof of which lies on the person making the representation.”
It’s a wonder why the federal government would want to put a gag order on Saskatchewan Oil and Gas companies when they are having great success with their emission reductions.
In fact, our energy sectors greenhouse gas emissions last year were 67 per cent below levels reported… pic.twitter.com/FEHFM9CQsb
— Scott Moe (@PremierScottMoe) July 3, 2024
Jordan Peterson persecution
The implementation of this law is essentially modelled on the persecution (and I don’t use that term lightly) of Dr. Jordan Peterson.
As noted by the National Post, Dr. Peterson’s plight was that the “College of Psychologists of Ontario that ordered Jordan Peterson into a mandatory rehabilitation program for his politically incorrect tweets, which had nothing to do with his practice and involved none of his patients.”
Among the complaints made against him was the submission of the entire transcript of his appearance on the Joe Rogan Experience podcast! And an Ontario court backed up the College’s prosecution (persecution?) of him!
Bill C-59 conjures up a similar system. As energy advocate Deidra Garyk writes in Pipeline Online, “While focus has been on the muzzling of oil and gas supporters and companies, this bill is agnostic and, therefore, allows all industries to be targeted. Although, oil and gas is likely to be disproportionately aimed at and penalized since anyone can go onto the Bureau’s website and easily complete a complaint form. You do not have to be a victim to file a complaint, meaning a company can be accused of a victimless crime.”
Communist-style denunciation
We’ve seen this before, of course, long before Peterson’s problems. The Soviets under Lenin and Stalin, and Maoists in China made denunciation commonplace. Don’t like someone? Denounce them for anti-revolutionary speech and have them hauled off to the gulag for 10 years, but only if they don’t catch a bullet behind the ear, first.
Process is the punishment
While Canadians aren’t likely to catch a bullet, yet, this is a situation where the process is the punishment. It doesn’t matter if the complainants win. All they have to do is initiate the process, and you are in a world of hurt.
And trust me, they will be filing complaints. Expect groups like Ecojustice, Sierra Club, and Greenpeace to be lining them up as we speak. In December, several of them, including Ecojustice, submitted a briefing note “amending Bill C-59 to more effectively combat greenwashing.”
A few clicks online and bam! You’re tied up in litigation that’s from tens to hundreds of thousands of dollars.
And even if you win, you still lose, because you’ve paid all that money for the lawyers and the time and effort.
And in the meantime, while you’re in litigation, you’re not going to say a damn thing until it’s resolved. So, you have effectively been muted until the court process, which is never quick and efficient, is dealt with. Again, the process is the punishment.
Easier to say nothing, ever
Now, the solution for most people, and most companies, will realize is that it’s easier not to say anything at all, which effectively silences you. As Eyre said, this is a gag law.
And you know what really, really troubling?
Some of the largest companies in Canada, corporations with literally floors of lawyers among them, folded like a house of cards as soon as C-59 became law. The Pathways Alliance, made up of the six largest oilsands producers, promptly wiped their website clean. The Canadian Association of Petroleum Producers, on June 20, said it “has chosen to reduce the amount of information it makes available on its website and other digital platforms until the Competition Bureau has released further guidance on how these amendments will be implemented.”
So the gag has been thoroughly applied, already. Spines, and perhaps some other bodily parts, are notably absent.
And these are the organizations with by far the largest resources to fight this assault on free speech. Instead, they issued press releases. Big deal. That press release should have said they will fight this tooth and nail. Instead, They’ve already all but given up.
So what the hell am I supposed to do, working in my basement as a one man band? I have no financial resources to pay for any sort of legal fight.
How the hell am I supposed to fight this when the people who have all the resources in the world, in this country have said, “Oh, we’ll put up a press release saying, ‘We don’t like this, but we’re not going to do anything about it.’”
I’ll tell you what my defence is, should I, or my corporation, Pipeline Online Ltd., have a complaint issued under this legislation: Section 2(b) of the Canadian Charter of Rights and Freedoms. It states, “Everyone has the following fundamental freedoms: (b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication.”
That includes the right to say whatever you want about “protecting or restoring the environment or mitigating the environmental, social and ecological causes or effects of climate change.”
And under Canadian law, corporations have rights, too.
ESG as the rope to hang you
And here’s another twist: in the last four years, environment, social and governance, or ESG statements or reports have went from non-existent to required if you expect any sort of institutional investment. No ESG report; no money, honey.
But these very reports, the ones making companies’ environmental cases, will now be rope with which the likes of Ecojustice and Greenpeace will hang them. Now if you publish an ESG statement, your critics can use that as evidence to prosecute you. So you’re damned if you do, and you’re damned if you don’t. If you don’t put out an ESG statement, maybe you’ll lose all your investors. And if you do publish it, well, maybe you’ll get prosecuted by this for saying the wonderful stuff that you have tried to do for the environment.
What if a journalist like me comes around and does a story on your company? Let’s give a real example. Several years ago, a drilling company which no longer exists called CanElson converted many of it rigs to operate on dual-fuel; diesel and compressed natural gas. And one of the reasons cited at the time when I wrote about it was the environmental benefits from lower emissions. But now, lawyers would almost certainly tell them everything they say would have to be couched with “proper substantiation in accordance with internationally recognized methodology.” In other words, mountains of fine print. But no press organization is going to publish all of that, and the company would have no control over what is published. So that company’s lawyer would, according to the new law, obviously advise their clients to say nothing, ever, to any media where it could be published, lest they open themselves up to prosecution under the Competition Act, as amended by Bill C-59.
Again, a gag law.
1984
This is really an implementation of George Orwell’s 1984, where groupthink has been legislated into law a couple week ago by the federal government. If you say anything against the current orthodoxy of anthropogenic climate change, or even if your efforts to support it are found insufficient, you are an apostate and can be prosecuted for it.
This is not hyperbole. This has really happened.
Your freedom of speech, today, is dramatically reduced from what it was on June 19.
And we allowed it to happen.
Authoritarian pattern
This reminds me of how the Russian Revolution evolved under the Soviets, as recorded by Aleksandr Solzhenitsyn’s The Gulag Archipelago. First they came for the Mensheviks, then the socialists. Then they came for the bourgeois business owners and clergy. Next were the engineers, which were called “wreckers,” as well as the intelligentsia. Then they came for the kulaks, which were farmers who had as few as three cows, leading to the Holodomor. Then they came for the military, in the great purge.
This is the route authoritarianism takes. Free speech is the first to go. What comes after that?
I’ve been talking to a number of people about this in recent weeks. Some have suggested working within the system as it now exists, under the new changes to the Competition Act. Some have suggested using the new rules to fight back, making complaints about the green lobby, instead.
That’s a fool’s errand. You’re co-opting the authoritarians’ plan. Just like the Jews who dutifully donned their yellow Stars of David. If we just do what they tell us to, work within their new rules, maybe they’ll leave us alone.
How did that work out?
I wore a uniform as a reservist officer in the Canadian Forces. I may have been the lowest form of reservist officer, but I still wore a uniform for seven years, and there’s no way in hell I am going to be gagged by my own federal government for being able to say what I’m going to say.
And the fact that CAPP and the Pathways Alliance folded on this like a cheap house of cards, is all the more troubling. They’ve just been handed the environmental equivalent of a yellow star, and they dutifully put it on.
Will you do the same?
Brian Zinchuk is editor and owner of Pipeline Online, and occasional contributor to the Frontier Centre for Public Policy. He can be reached at [email protected].
Energy
BC should revisit nuclear energy to address BC Hydro shortages
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From Resource Works
The short-term costs of nuclear SMRs are preferable to paying hundreds of millions to import foreign energy in the long-term.
British Columbia takes great pride in its tremendous hydroelectric resources, which result from the province’s many long, powerful rivers. For decades, BC has found it easy to rely on hydroelectricity as a clean, renewable source of power for homes, industry, and businesses.
However, the ongoing viability of hydropower in BC should be called into question due to worsening summer droughts and declining snowfalls, which have negatively impacted the annual supply of hydropower. BC has not seriously entertained the possibility of alternatives, even though other provinces have begun to embrace one particular source of energy that has been illegal here for over a decade: nuclear power.
By refusing to strike down the law passed in 2010 that prohibits the mining of uranium or the building of nuclear reactors, BC has made itself an outlier among its peers. Since last year, Ontario has announced plans to expand its existing nuclear capacity, which already provides the majority of the province’s electricity.
Alberta, Saskatchewan, and Nova Scotia have also begun to explore the possibility of expanding nuclear power to help power their growing provinces. BC has prohibited nuclear energy since passing the Clean Energy Act of 2010, which bans the building of reactors or mining uranium.
This prohibition is a barrier to diversifying BC’s energy supply, which has become more reliant on foreign energy. Due to energy shortages, BC Hydro had to import 15 to 20 percent of the energy required to meet the province’s needs.
Do not expect the situation to improve. Snowpacks are shrinking in the winter months, and summer droughts have become more frequent, which means BC’s dams will see a reduction in their power capacity. Power shortages may be on the horizon, leading to vastly more expensive purchases of foreign energy to meet BC’s growing electricity demand, driven by the construction of new homes and projects like LNG facilities on the coast.
Energy diversification is the solution, and nuclear power should be included, especially Small Modular Reactors (SMRs).
Low-carbon and reliable, SMRs can provide steady nuclear power in any season. They are flexible and much more cost-effective than traditional, large-scale nuclear reactors.
For a vast province like BC, filled with small communities separated by mountainous terrain, SMRs can be deployed with great ease to ensure energy stability in remote and Indigenous communities that still struggle with energy access. The Haida Nation, for example, is still reliant on diesel to supply its energy, which goes against the BC government’s clean energy goals and relies on fuel being shipped to the Haida Gwaii archipelago.
While SMRs are cheaper than massive nuclear reactors, they are still expensive and require strict safety regulations due to the ever-present risks associated with nuclear energy. However, is the cost of building nuclear facilities in the short term more expensive than importing energy for years to come?
In 2023, BC Hydro spent upwards of $300 million USD on imported energy, while the cost of the smallest SMR is $50 million, with the more expensive units costing up to $3 billion. Building SMRs now is the right decision from a cost-benefit perspective and in terms of BC’s clean energy goals because SMRs guarantee low-emitting energy, unlike imported energy.
The Clean Energy Act stands in the way of nuclear power’s emergence in BC. Amending it will be necessary for that to change.
BC is not going to need any less energy going forward.
It is high time to get over old fears and stereotypes of nuclear energy. Hydroelectricity need not be displaced as the cornerstone of BC’s energy supply, but it alone cannot face the challenges of the future.
Alberta
AI-driven data centre energy boom ‘open for business’ in Alberta
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From the Canadian Energy Centre
By Deborah Jaremko and Will Gibson“These facilities need 24/7, super-reliable power, and there’s only one power generation fuel that has any hope of keeping up with the demand surge: natural gas”
Data centres – the industrial-scale technology complexes powering the world’s growing boom in artificial intelligence – require reliable, continuous energy. And a lot of it.
“Artificial Intelligence is the next big thing in energy, dominating discussions at all levels in companies, banks, investment funds and governments,” says Simon Flowers, chief analyst with energy consultancy Wood Mackenzie.
The International Energy Agency (IEA) projects that the power required globally by data centres could double in the next 18 months. It’s not surprising given a search query using AI consumes up to 10 times the energy as a regular search engine.
The IEA estimates more than 8,000 data centres now operate around the world, with about one-third located in the United States. About 300 centres operate in Canada.
It’s a growing opportunity in Alberta, where unlike anywhere else in the country, data centre operators can move more swiftly by “bringing their own power.”
In Alberta’s deregulated electricity market, large energy consumers like data centres can build the power supply they need by entering project agreements directly with electricity producers instead of relying solely on the power of the existing grid.
Between 2018 and 2023, data centres in Alberta generated approximately $1.3 billion in revenue, growing on average by about eight percent per year, lawyers with Calgary-based McMillan LLP wrote in July.
“Alberta has a long history of building complex, multi-billion-dollar infrastructure projects with success and AI data centres could be the next area of focus for this core competency,” McMillan’s Business Law Bulletin reported.
In recent years, companies such as Amazon and RBC have negotiated power purchase agreements for renewable energy to power local operations and data centres, while supporting the construction of some of the country’s largest renewable energy projects, McMillan noted.
While the majority of established data centres generally have clustered near telecommunications infrastructure, the next wave of projects is increasingly seeking sites with electricity infrastructure and availability of reliable power to keep their servers running.
The intermittent nature of wind and solar is challenging for growth in these projects, Rusty Braziel, executive chairman of Houston, Texas-based consultancy RBN Energy wrote in July
“These facilities need 24/7, super-reliable power, and there’s only one power generation fuel that has any hope of keeping up with the demand surge: natural gas,” Braziel said.
TC Energy chief operating officer Stan Chapman sees an opportunity for his company’s natural gas delivery in Canada and the United States.
“In Canada, there’s around 300 data centre operations today. We could see that load increasing by one to two gigawatts before the end of the decade,” Chapman said in a conference call with analysts on August 1.
“Never have I seen such strong prospects for North American natural gas demand growth,” CEO François Poirier added.
Alberta is Canada’s largest natural gas producer, and natural gas is the base of the province’s power grid, supplying about 60 percent of energy needs, followed by wind and solar at 27 percent.
“Given the heavy power requirements for AI data centres, developers will likely need to bring their own power to the table and some creative solutions will need to be considered in securing sufficient and reliable energy to fuel these projects,” McMillan’s law bulletin reported.
The Alberta Electric System Operator (AESO), which operates the province’s power grid, is working with at least six proposed data centre proposals, according to the latest public data.
“The companies that build and operate these centres have a long list of requirements, including reliable and affordable power, access to skilled labour and internet connectivity,” said Ryan Scholefield, the AESO’s manager of load forecasting and market analytics.
“The AESO is open for business and will work with any project that expresses an interest in coming to Alberta.”
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