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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.

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Business

Premiers Rally For Energy Infrastructure To Counter U.S. Tariff Threats

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From the Frontier Centre for Public Policy

By Maureen McCall

With U.S. tariffs looming, Premiers push for border security, pipelines, and interprovincial trade reform

After more than eight years of federal policies that have challenged the oil and gas industry, imagining Canadian energy policy in a post-Trudeau era is no easy task.

However, recent meetings addressing the threat of United States tariffs may offer hope for revisiting energy policies through provincial collaboration.

The January 2025 Council of the Federation meetings, attended by all 13 provincial and territorial premiers, produced several key value propositions.

  • After spending a week in Washington, D.C., meeting with Donald Trump and his administration, Alberta Premier Danielle Smith highlighted the provinces’ resource strengths.
  • British Columbia can leverage germanium—a critical mineral essential in defence applications that China will no longer export to the U.S.
  • Saskatchewan’s uranium supply offers an alternative to reliance on Kazakhstan and Russia.
  • Canadian provinces can provide resources that align with U.S. energy goals.

Any provincial initiatives must also address U.S. priorities, including tighter border security and increased defence spending.

To meet U.S. energy security needs, Canada must remove policy barriers hindering development. Policies like the Clean Energy Regulations (CER), the emissions cap, and the net-zero vehicle mandate (starting January 2026) are significant challenges. Provinces must collaborate to amend or remove these policies, ensuring they do not survive the next federal election. Alberta and Saskatchewan have already opposed the CER, and the proposed emissions cap remains under review.

The federal government acknowledges that these policies must be re-evaluated to avoid obstructing shared energy goals, including:

  • carbon pollution pricing
  • methane regulations
  • clean fuel standards
  • carbon capture incentives
  • emissions reduction funding
  • clean growth programs
  • best-in-class guidelines for new oil and gas projects under federal review.

The U.S.’s energy deficit—20 million barrels consumed daily versus 13 million produced—creates an opportunity for Canada. Achieving this requires dismantling interprovincial trade barriers and developing infrastructure projects from coast to coast. The Council meetings have initiated such collaboration, with ongoing bilateral discussions expected. Infrastructure projects like pipelines to the East and West coasts would enable Canada to supply the U.S. and other global markets, reducing reliance on hostile regimes.

Newfoundland and Labrador Premier Andrew Furey stated: “I see energy as Canada’s queen in the game of chess. We don’t need to expose our queen this early. The opposition needs to know that the queen exists, but they don’t need to know what we’re going to do with the queen.”

Saskatchewan Premier Scott Moe and Alberta Premier Danielle Smith have rejected measures that would affect Canada’s energy exports to the U.S.

“When you look at the pipeline system, how oil is actually transported into the U.S. and back into Canada,” Moe said, “it would be very difficult, and I think impossible operationally to even consider.” Manitoba Premier Wab Kinew emphasized the importance of national unity, stating that energy decisions must not fracture the country. Ontario Premier Doug Ford warned that tariffs could cost Ontario 500,000 jobs, while P.E.I. Premier Dennis King noted that tariffs could cost 25 per cent of P.E.I.’s GDP and 14,000 jobs—a catastrophic loss for the province.

The Council meetings highlighted three key priorities:

  • Demonstrate Canada’s commitment to border security and meet its two per cent GDP NATO target.
  • Build oil and gas pipelines east and west to diversify markets and remove interprovincial trade barriers, enabling a stronger national economy.
  • Secure provincial consent before imposing export tariffs or restrictions that could harm individual provinces.

This emerging consensus underscores that Canada’s energy future depends on proactive, constructive diplomacy with U.S. lawmakers, supported by a unified provincial front and practical energy policies that benefit both nations.

Maureen McCall is an energy business analyst and Fellow at the Frontier Center for Public Policy. She writes on energy issues for EnergyNow and the BOE Report. She has 20 years of experience as a business analyst for national and international energy companies in Canada.

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Economy

Here’s how First Nations can access a reliable source of revenue

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From the Fraser Institute

By John Ibbitson

According to Pierre Poilievre, a Conservative government would permit First Nations to directly receive tax revenues from resource development on their ancestral territories. Political leaders of all parties should commit to such direct taxation. Because time is short.

Faced with the prospect of tariffs and other hostile American actions, Canada must build new energy infrastructure, mine critical minerals and diversify trade.

First Nations participation is critical to these plans. But too often, proposed infrastructure and resource projects on their territories become mired in lengthy negotiations that benefit only bureaucrats and lawyers. The First Nations Resource Charge (FNRC), a brainchild of the First Nations Tax Commission, could help cut through some of that red tape.

Currently, First Nations, the federal government and businesses negotiate agreements through a variety of mechanisms that establish the financial, environmental and cultural terms for a proposed development. As part of any agreement, Ottawa collects tax revenue from the project, then remits a portion of that revenue to the First Nation. The process is bureaucratic, time-consuming and paternalistic.

Under one version of the proposed charge, the First Nation would directly collect a portion of the federal corporate tax from the developer. The federal government, in turn, would issue the corporation an equivalent tax credit.

In effect, Ottawa would transfer tax points to First Nations.

“The Resource Charge doesn’t mean we won’t say no to bad projects where the costs to us are too high,” said Chief Darren Blaney of B.C’s Homalco First Nation, when the Conservatives first laid out the proposal last year. “It could mean, however, that good projects happen faster. This is what we all want.”

Poilievre referenced the proposed tax transfer in his Feb. 15 rally when he vowed to remove regulatory obstacles to fast-track resource development projects.

“We will incentivize Indigenous leaders to support these projects by letting companies pay a share of their federal corporate taxes to local First Nations,” he declared. “I want the First Nations people of Canada to be the richest people in the world.”

The First Nations Tax Commission first came up with the idea. Poilievre’s federal Conservatives are the first political party to embrace it. But there’s no reason why support for resource charges could not be bipartisan.

Mark Carney, the frontrunning candidate to succeed Justin Trudeau as Liberal Leader and prime minister, has vowed to use “all of the powers of the federal government… to accelerate the major projects that we need.” Supporting the FNRC would further that goal.

That said, resistance has already emerged.

“Most Indigenous leaders would see right through (what Poilievre said) because we’ve been around that corner a few times,” Dawn Martin-Hill, professor emeritus of Indigenous Studies at McMaster University, told the Canadian Press. “Selling your soul to have what other Canadians have, which is access to clean drinking water coming out of your tap, is highly problematic.”

But Prof. Martin-Hill inadvertently makes the case for the FNRC. Municipal governments raise funds by taxing the property of individuals and businesses and using the revenue to, among other things, provide clean drinking water. A First Nation that taxed a business operating on its territory, and used the revenue to provide clean drinking water for people on reserve, would simply be doing what governments are supposed to do.

Existing agreements, though cumbersome, have brought major new revenues to some reserves. The FNRC could increase revenues and First Nations autonomy.

Given the complexities of the tax code, and the limited administrative capacity of some First Nations, some agreements might see the federal government continuing to collect taxes and then remitting the First Nation’s portion to that government. The goal would be to ensure that revenues streams are transparent, predictable and support the greatest possible autonomy for each First Nation.

Any government committed to implementing the FNRC should convene a working group of First Nations leaders, private-sector executives and government officials to work out a framework agreement.

If the Conservatives win the next election, the working group could be part of a task force on tax reform that Poilievre said he intends to establish.

The FNRC would be voluntary. Communities could opt in or opt out. Provincial governments might also participate, sharing a portion of their taxes with First Nations.

If it works, a First Nations Resource Charge could speed the approval of lumber, mining, pipelines and other resource-related projects on the traditional lands of First Nations. It could provide reserves with stable and autonomous funding.

It’s an idea worth trying, regardless of which party forms the next government.

John Ibbitson

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