The Liberal government is moving ahead with two new regulations to reach net-zero despite a recent Supreme Court ruling that struck down one of Prime Minister Justin Trudeau’s key environmental laws as unconstitutional.
In a landmark decision, the Supreme Court ruled last Friday that the 2019 Impact Assessment Act, which gives Ottawa the power to review major projects for environmental compliance, encroaches on provincial jurisdiction.
The law was challenged by the Alberta government, which opposes federal interference in its energy industry and is fighting attempts to impose new climate targets like the Clean Electricity Regulations.
However, Environment Minister Steven Guilbeault said Monday that the court’s decision does not affect the government’s plans to introduce a cap on emissions from the oil and gas sector, and the Clean Electricity Regulations.
Guilbeault said these measures are based on different federal authorities than the Impact Assessment Act, and are within Ottawa’s legal scope.
“The opinion of the court does not call into question other regulatory initiatives under development, and we are confident that they are within the purview of the federal government,” Guilbeault said in a statement to The Globe and Mail.
Alberta Premier Danielle Smith is not convinced. She has called on the federal government to scrap its other environmental regulations, which she said will harm her province’s economy and face similar legal challenges.
Guilbeault’s statement comes as the government is expected to announce soon how it will amend the Canadian Environmental Protection Act, which is the likely vehicle for implementing the emissions cap and the electricity regulations.
The latter is designed to phase out natural gas plants without carbon capture technology by 2030.
The Sovereignty Act, a controversial law that gives Alberta more power over its own affairs, could soon be invoked by Smith in response to the federal government’s stance.
In September, Smith said she was preparing a motion to use the act to challenge the federal government’s new clean electricity regulations.
The regulations would require Alberta to have a net-zero electricity grid by 2035, which Smith argues would harm the province’s economy and energy sector.
