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Welcome to “Oil & Gas Silencing” Bill C-59: Where Trudeau’s Science Court Rules, Not Real People With Real Science

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From EnergyNow.ca

By Jim Warren

Follow those who seek the truth. Run from the man who says he’s found it.
-Václav Havel, first president of Czechoslovakia after the 1989 Velvet Revolution.

In addition to its threat to the right of free expression, Bill C-59, stands as a threat to the free spirit of inquiry that sustains modern science. Many of the efforts undertaken today to reduce the environmental footprint of the gas and petroleum industries are based on scientific research conducted by professionals whose efforts are guided by a set of well-established philosophical and methodological principles. The efforts of climate change scientists who attempt to more accurately assess the causes, pace and intensity of anthropogenic global warming operate under similar guidelines.

Science regulates adherence to its philosophical and methodological standards through a system whereby research methods and the findings of research are published and reviewed by panels of experienced practitioners in its various disciplines – the famous scientific peer review process. In this way the quality of findings can be assessed. Findings that are based on flawed methodology can be outright rejected or researchers can be asked to adjust their methods and try again. Even if a statistical study or experiment has made it through peer review once, ongoing efforts are made to check the work against new information and experiments are subjected to replication efforts.

Rejections of flawed research can happen quickly, but, unfortunately, can sometimes take years. For example, it took the leading medical journal, The Lancet, 12 years to debunk a fraudulent 1998 study it had published linking vaccinations for measles, mumps and rubella (MMR) to colitis which was in turn linked to autism.

Bill C-59 proposes to establish a government appointed agency with the capacity to launch prosecutions which will presumably be adjudicated by a quasi-judicial panel or tribunal with the ability to impose jaw-dropping penalties in the millions. The tribunal will assess claims made by conventional energy companies about improvements regarding things such as emissions levels. Judgments will similarly be made regarding the claims of journalists and individuals who publish the claims of those companies. This is a process that will lead to dividing the findings of science into a government approved body of work and heretical unapproved science.

The Soviet Union adopted the practice of recognizing only politically-correct government-approved science. One of the many reasons Soviet agriculture was so backward was because the approved method for improving crop genetics to develop varieties with greater tolerance to drought and early frosts was based on the “Party-approved” theory, Lamarckism. This was the idea that a trait that developed due to use or disuse during an organism’s lifetime could be transmitted to its offspring.  If you grew a plant during a drought, its offspring would be drought tolerant.

Prosecutions under the Bill C-59 legislation will place a reverse onus condition on the accused. Those charged will not be presumed innocent until proven guilty. They will be required to prove what they said was true.

Willy Pickton and Paul Bernardo obtained the benefit of a right not available under Bill C-59. Those two outstanding citizens were presumed innocent until being proven guilty beyond a reasonable doubt. What comes next, reviving the evidentiary tests used in medieval witchcraft trials?

There is a mismatch between the philosophy of science and a quasi-judicial process that demands true or false certainty for scientific claims. The philosopher Karl Popper famously argued that the findings of scientific investigation can never be assumed to represent some sort of absolute immutable truth, in part because we can never know the future with absolute certainty. We are blind to whether new, not yet imagined, developments will arise in the future that falsify a scientific claim made today. According to Popper, researchers can refute or falsify a pre-existing claim but cannot claim that a new finding is absolutely true now and forever.

New research results always have a conditional status. Even after they have survived one or more tests and efforts to replicate their experimental results, they remain valid only until such a time as the next attempt proves them incorrect. This is why one of the principal tasks of good science is to critically assess the theories and findings of what is sometimes erroneously referred to as “decided science.” We often hear the claim that some science is so widely accepted it can be considered decided. The claim is false though it is made by people who should know better like the celebrity scientist Neil deGrasse Tyson. He claims the science on climate change is decided science.

Claiming that many or most scientists believe in the science around climate change does not make it correct. First of all which parts of climate science do they believe? It is a large and complex field with many streams of investigation. Furthermore, that huge body of work itself includes numerous contradictory research findings.

Publication and peer review are the principal means that allow scientific knowledge to change and hopefully improve over time. That is why the testing of theories and research findings is an ongoing, potentially never-ending scientific process. Why not allow the process to unfold as usual rather than giving the government the authority to own the unvarnished scientific “truth?”

Einstein shared many of Popper’s views. And he also had a few things to say about so-called “decided science.” The Nazis were always uncomfortable with the fact that although Einstein was German-born he was also a Jew. They were embarrassed that Einstein’s scientific achievements were overshadowing the work of “Aryan” scientists. In 1931, a group of scientists sympathetic to the Nazis published the book, 100 Authors against Einstein. Einstein was not impressed with the fact they had found so many critics. He had several criticisms of the book including his assertion that science is not done by taking a poll.

Clearly it would not be possible to state you can prove your scientific claim is true as a defense in climate court and remain consistent with Popper and his fundamental principles of science.  All you can do is show that you followed a suitable methodology and logically assessed the evidence you found. But what assurance do we have the Trudeau court of science will be satisfied with this sort of assertion. A lot will hang on who the Liberals appoint to the bench.

Another reason reviewing the work of other researchers is considered critical to the scientific process is because even when studies and experiments are conducted with the utmost integrity they can generate erroneous findings. People are fallible, a decimal point winds up in the wrong place; lab equipment fails, and so on. And, unfortunately, as is the case in many fields of human endeavor, there are fraudsters and incompetents working in science. Nonetheless, while it may be imperfect in many ways, the process of scientific inquiry is the best system we have yet devised for coming as close to approximating objective truth as is possible.

In these enlightened days, when honest errors are made, we expect them to be corrected. For the past two centuries the task of reviewing and correcting scientific errors has been done by the scientific community. There are exceptions. There are authoritarian states like the former Soviet Union that have “official science” and “illegal science.” It goes back to Galileo and the Inquisition.

Under the peer review process developed by scientists, lab-coated lynch mobs are not dispatched to hang, draw and quarter scrupulous scientists whose results are rejected. Lying and cheating are another matter entirely and sanctions are imposed on those caught doing it. That is why even Dr. Fauci is said to be looking over his shoulder these days.

It hardly serves the public good to stifle the spirit of free scientific inquiry. If scientists become worried that conducting an experiment and publishing the findings could result in large fines and possible imprisonment if their results are subsequently falsified, science as we know it would cease. Conceivably, every physicist prior to Einstein had imperfect ideas about light and gravity. They weren’t rounded up and fined or imprisoned after Einstein came up with specific and general relativity. If any of Einstein’s scientific work is one day found wanting, the Nobel Prize committee won’t ask for the return of his prize.

We might reasonably expect a similar reaction from publishers and journalists who currently inform the public about developments in science.  If they can be punished because the scientific developments they report are later claimed to be in error or have simply been improved upon, they are apt to quit telling the public about new science. Why assume the risk? This would no doubt be a particularly worrisome possibility if the new science involved innovations in petroleum production that are found to reduce emissions.

There is no single “accepted,” version of our climate future claimed by the Intergovernmental Panel on Climate Change (IPCC) – only a pile of speculations and probabilities based on hopefully accurate climate models and many assumptions about social and economic conditions in the future. And, as mentioned previously, claiming anything is “decided science” is ridiculous – science by definition is never fully decided, it is an ongoing process that does not presume to arrive at final absolute truths.

What if one of the predictions about the pace of climate change and its impacts made by the IPCC, or journalists from the alarmist camp is proven incorrect, shouldn’t the same rules apply? Should they not be subject to prosecution by the science inquisition?  That’s not likely going to happen. It appears the intention of the Trudeau-Angus rules is that the only science subject to punishment will be the science that produces results they don’t like.

Who decides?

It is unclear exactly who will be passing judgment in the Trudeau court of science. Will Charlie Angus be appointed to the bench? Will experts in the philosophy and methodology of science be appointed to the review tribunal?

Or will the principles of Diversity, Equity and Inclusion guide appointments? Sure, that will fix everything. Science could be adjudicated by a PhD in gender studies who claims science was designed by the patriarchy, and therefore oppresses women and should be replaced by science as understood by oppressed identity groups. Justin will love it.

Let’s hope the Trudeau science court will include some people with legal backgrounds who believe in due process under the law. Maybe they could come up with a workaround for the reverse onus rules under Bill C-59.

Some of us find it quite difficult to be optimistic about a science court. There is concern that in the woke and virtuous world inhabited by Justin Trudeau and Steven Guilbeault the “truth” about the science of climate change has been decided and can be found on the CBC and  Greenpeace websites. Those who beg to differ can tell it to the judge.

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Alberta

For second year in a row, Alberta oil and gas companies spend more than required on cleanup

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From the Canadian Energy Center

By Grady Semmens

$923 million spent cleaning up inactive wells, sites and pipelines in 2023

As a business owner, Ryan Smith values few things more than predictability when it comes to the oil and gas market and the demand for his company’s services.

That’s why knowing that next year in Alberta, the regulator requires at least $750 million worth of work cleaning up inactive oil and gas wells and other legacy energy infrastructure is tremendously helpful for the CEO of Calgary-based 360 Engineering & Environmental Consulting.

“Having a minimum spend in place for the province makes the market more predictable and consistent, which in turn helps our clients and our business plan for the future, which is a good thing,” says Smith, whose company has completed more than 5,000 site closure activities in Canada and internationally since 2015.

“Site closure has really emerged as a growth market over the last decade, especially in Western Canada where the regulatory systems for oil and gas are more advanced than anywhere else we are exposed to. It is an integral part of the energy lifecycle, and if it is done well it adds a lot of value to the industry.”

The Alberta Energy Regulator (AER) introduced an industry-wide minimum “closure” spending requirement in 2022, part of Alberta’s Inventory Reduction Program to accelerate the remediation of inactive oil and gas wells, facilities and pipelines across the province.

The mandatory quota determines the minimum level of work a company must conduct primarily to decommission and reclaim a proportion of its inactive inventory.

Inactive wells are defined as those that have not been used for six months or a year, depending on what they are being used for. When a company decides that they will not reactivate an inactive well they decommission it through a process called abandonment.

A well is considered successfully abandoned after it is cleaned, plugged with cement, cut to a minimum of one meter below the surface and covered with a vented cap. After abandonment comes remediation and reclamation, where the land around the well is returned to the equivalent of its original state.

The first two years under the new rules saw Alberta’s energy industry significantly exceed the minimum closure requirements.

In 2022, companies spent more than $696 million, about 65 per cent more than the initial threshold of $422 million. The AER increased the minimum spend to $700 million in 2023, which producers surpassed by 22 per cent with total expenditures of $923 million.

The 2024 minimum remains at $700 million, while in July the regulator announced that the minimum spend for 2025 was raised to $750 million.

This closure work does not include remediation of oil sands mining sites, which is handled under the Mine Financial Security Program, nor does it include the closure of orphan wells (wells without a legal owner) managed by the industry-funded Orphan Well Association.

Gurpreet Lail, CEO of Enserva, an industry association representing energy service companies, suppliers and manufacturers, says there was an initial rush of closure work when the quotas were first put in place, but activity has since become more even as companies develop long-term closure plans.

“A lot of the low-lying fruit has been taken care of, so now companies are working on more complex closure files that take more time and more money,” Lail says.

Facility owners say that Alberta’s rules provide direction for planning closure and remediation work, which in the past may have been put on hold due to the ups and downs of the oil and gas market.

“When commodity prices are up, everyone is focused on drilling more wells and when prices are down, budgets are strained for doing work that doesn’t bring in revenue. Having a minimum spend makes sure closure work happens every year and ensures there is longer-term progress,” says Deborah Borthwick, asset retirement coordinator for Birchcliff Energy, an oil and natural gas producer focused in Alberta.

Over the last few years, Birchcliff has budgeted more than $3 million for annual facility closure work, far above its required minimum spend.

The company completed 11 well abandonments and decommissioned 23 facilities and pipelines in 2022, according to its latest environmental, social and governance report.

Borthwick says having the closure quota for 2025 already set has allowed it to plan ahead and line up the necessary service companies well in advance for next year’s remediation work.

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Economy

Trudeau Government Capping the Canadian Economy (and Energy Industry) Just to Impress International Agencies

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From EnergyNow.ca

By Kasha Piquette

The incoming Trump Presidency has promised  to “unleash American energy” with plans to “free up the vast stores of liquid gold on America’s public land for energy development.”  This week, the Trudeau government unveiled the draft details of its plans for a cap on greenhouse gas emissions from the Canadian oil and gas sector. These proposed regulations would cap all greenhouse gas emissions equivalent to 35 percent below levels in 2019 with the lofty goal of achieving a 40-45 percent reduction by 2030.

It is a plan that the province of Alberta and others contend would be a cap on production and cause elevated prices for consumer goods across Canada, cost up to 150,000 jobs and reduce national GDP by up to C$1 trillion ($720 billion).

These proposals would make Canada the only oil and natural gas-producing country to attempt an emissions cap on such a scale. The regulations propose to force upstream oil and gas operations to reduce emissions to 35 percent less than they were in 2019 by 2030 to 2032. Notably, while hydrocarbon production increased from 2019 to 2022, Canadian emissions from the sector declined by seven percent.

Perhaps significantly, and much to the apparent annoyance of Alberta’s Premier, the Federal announcement was made slightly ahead of the UN COP29 Climate Summit in Azerbaijan. Per the Paris Agreement, each country submits its climate ambitions to UN as National Determined Contributions (NDCs).  However, the federal government has also passed the Net Zero Accountability Act, which, by December 1st, 2024, could require even more aggressive reduction targets for 2035. Does this mean that the federal government may be positioning itself to announce even more ambitious emission targets – all to be announced at that conference?

It is unclear whether, how and in what form, the emissions cap will come into effect. With the next federal election slated for late October 2025 and polls that show the current Liberal-NDP coalition government to be far behind the opposition Conservatives, the federal carbon tax and the proposed emission cap have an uncertain future.

Other business interests have voiced concerns about Canada’s increasingly discordant, incoherent climate policies and regulations, which have caused the Canadian oil and gas sector to be at a competitive disadvantage in the global energy market.  Clearly, Alberta considers that the Federal government has, once again, overstepped its constitutional bounds with the proposed emissions cap and, along with its victorious Supreme Court challenge against the Impact Assessment Act, has vowed to launch more court challenges.  Alberta and other Provinces have contended that, with regional exemptions, the federal carbon tax is being applied unfairly as a patchwork of standards with Alberta, New Brunswick, Saskatchewan, Ontario and Nova Scotia, and the opposition Conservative party, mounting a growing chorus against the Liberal government’s broader price on carbon. By contrast, the proposed regulations for an emissions cap have been aimed specifically at one industry sector – one that is largely concentrated in western Canada.

Meanwhile, Canadian oil production, aided by the new export capacity of the TransMountain Pipeline completed this year, has grown to a record 5.1 million barrels per day making Canada the prime (60%) source of US crude oil imports in 2023.  Meanwhile, the industry has been engaged in considerations for the potential development of carbon capture and storage (CCS) to trap greenhouse gasses underground. However, this untested technology would cost billions, needs to be proven on a larger scale and requires industry cooperation combined with all levels of government support.

The Federal announcement, and the hostile reaction from Alberta and possibly other oil-producing provinces, mean that once again, Canadian investment in the oil and gas sector will be confronted with ever more uncertainty as they encounter time-consuming court challenges.  These competing political agendas ensure that major Canadian investment decisions will, once again, be deferred while other international jurisdictions race to develop their hydrocarbon export capabilities, investments that are unencumbered by any emissions caps.

Canadians need to consider carefully how these policies and debates are affecting our energy security and standard of living as Canada. In addition to carbon pricing, Canada has already promulgated regulations for EV mandates in the transportation sector, policies that have required tens of billions in subsidies. It has also introduced the complex clean fuel standard and the proposed national clean electrical standards. These policies are affecting not just Canada’s productivity, GDP and exports. By attacking the Western provinces, Ottawa is unnecessarily creating regional tensions and a less politically stable federation. We need to think about how co-operative federalism can be re-established in ways that account for the basic needs of all Canadians – and not just accommodate arbitrary targets for emissions designed to impress international agencies.


Kasha Piquette is an Alberta-based strategic energy advisor and a former Deputy Minister of Alberta Environment and Protected Areas.

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