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

Published

2 years ago

5 minute read

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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Published on July 6, 2025

By

From Pierre Poilievre

The tiny town of Hardisty, Alberta (623 people) moves $90 billion in energy a year—that’s more than the GDP of some countries.

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Energy

If Canada Wants to be the World’s Energy Partner, We Need to Act Like It

Published on July 6, 2025

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Photo by David Bloom / Postmedia file

From Energy Now

By Gary Mar

Get the Latest Canadian Focused Energy News Delivered to You! It’s FREE: Quick Sign-Up Here

With the Trans Mountain Expansion online, we have new access to Pacific markets and Asia has responded, with China now a top buyer of Canadian crude.

The world is short on reliable energy and long on instability. Tankers edge through choke points like the Strait of Hormuz. Wars threaten pipelines and power grids. Markets flinch with every headline. As authoritarian regimes rattle sabres and weaponize supply chains, the global appetite for energy from stable, democratic, responsible producers has never been greater.

Canada checks every box: vast reserves, rigorous environmental standards, rule of law and a commitment to Indigenous partnership. We should be leading the race, but instead we’ve effectively tied our own shoelaces together.

In 2024, Canada set new records for oil production and exports. Alberta alone pumped nearly 1.5 billion barrels, a 4.5 per cent increase over 2023. With the Trans Mountain Expansion (TMX) online, we have new access to Pacific markets and Asia has responded, with China now a top buyer of Canadian crude.

The bad news is that we’re limiting where energy can leave the country. Bill C-48, the so-called tanker ban, prohibits tankers carrying over 12,500 tons of crude oil from stopping or unloading crude at ports or marine installations along B.C.’s northern coast. That includes Kitimat and Prince Rupert, two ports with strategic access to Indo-Pacific markets. Yes, we must do all we can to mitigate risks to Canada’s coastlines, but this should be balanced against a need to reduce our reliance on trade with the U.S. and increase our access to global markets.

Add to that the Impact Assessment Act (IAA) which was designed in part to shorten approval times and add certainty about how long the process would take. It has not had that effect and it’s scaring off investment. Business confidence in Canada has dropped to pandemic-era lows, due in part to unpredictable rules.

At a time when Canada is facing a modest recession and needs to attract private capital, we’ve made building trade infrastructure feel like trying to drive a snowplow through molasses.

What’s needed isn’t revolutionary, just practical. A start would be to maximize the amount of crude transported through the Trans Mountain Expansion pipeline, which ran at 77 per cent capacity in 2024. Under-utilization is attributed to a variety of factors, one of which is higher tolls being charged to producers.

Canada also needs to overhaul the IAA and create a review system that’s fast, clear and focused on accountability, not red tape. Investors need to know where the goalposts are. And, while we are making recommendations, strategic ports like Prince Rupert should be able to participate in global energy trade under the same high safety standards used elsewhere in Canada.

Canada needs a national approach to energy exporting. A 10-year projects and partnerships plan would give governments, Indigenous nations and industry a common direction. This could be coupled with the development of a category of “strategic export infrastructure” to prioritize trade-enabling projects and move them through approvals faster.

Of course, none of this can take place without bringing Indigenous partners into the planning process. A dedicated federal mechanism should be put in place to streamline and strengthen Indigenous consultation for major trade infrastructure, ensuring the process is both faster and fairer and that Indigenous equity options are built in from the start.

None of this is about blocking the energy transition. It’s about bridging it. Until we invent, build and scale the clean technologies of tomorrow, responsibly produced oil and gas will remain part of the mix. The only question is who will supply it.

Canada is the most stable of the world’s top oil producers, but we are a puzzle to the rest of the world, which doesn’t understand why we can’t get more of our oil and natural gas to market. In recent years, Norway and the U.S. have increased crude oil production. Notably, the U.S. also increased its natural gas exports through the construction of new LNG export terminals, which have helped supply European allies seeking to reduce their reliance on Russian natural gas.

Canada could be the bridge between demand and security, but if we want to be the world’s go-to energy partner, we need to act like it. That means building faster, regulating smarter and treating trade infrastructure like the strategic asset it is.

The world is watching. The opportunity is now. Let’s not waste it.

Gary Mar is president and CEO of the Canada West Foundation

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