Alberta to use Sovereignty Act to push back on proposed federal emissions cap

Alberta Premier Danielle Smith has announced that her government is gearing up to challenge the proposed federal greenhouse gas emissions cap through a series of strategic steps. In a press conference on Tuesday, Smith revealed that the Alberta Sovereignty within a United Canada Act will be invoked to contest the cap in court if it becomes law.

Under the proposed motion, the government aims to assert exclusive authority and ownership of emissions data, prohibit federal employees from entering designated oil and gas facilities, and implement other measures to safeguard Alberta’s interests. Smith emphasized that the province will utilize all available resources to push back against federal policies that could adversely impact Alberta.

According to the Sovereignty Act, the government must present a motion in the legislative assembly identifying the federal matter at hand and proposing potential actions to address it. Subsequently, Smith’s cabinet will assess the legality of the proposed measures before taking concrete steps.

Among the strategies being considered in response to the emissions cap are directing provincial authorities, like the Alberta Energy Regulator, not to enforce it; designating oil and gas facilities owned by Alberta as essential infrastructure; and enhancing the government’s capacity to market oil and gas on behalf of the industry.

“We are firmly asserting our ownership over our oil and gas resources,” Smith affirmed, expressing confidence that oil and gas companies will support the government’s efforts.

The federal emissions cap, currently in draft form, mandates a 35 percent reduction in emissions by oil and gas companies by 2030 to 2032. Smith has criticized the cap as unconstitutional and warned that it could severely impact Alberta’s oil and gas sector.

In response, federal Environment Minister Steven Guilbeault and Energy Minister Jonathan Wilkinson refuted Smith’s claims, asserting that the emissions cap is constitutional and will not necessitate a reduction in production. They contended that the policy will drive investments in clean technologies, create jobs, and ultimately lead to increased production while lowering pollution levels.

Constitutional law expert Eric Adams from the University of Alberta cautioned that some of the measures proposed by Smith may not hold up in court, such as the ban on federal officers accessing oil and gas facilities. However, Adams acknowledged that the provincial government could argue that the cap infringes on provincial jurisdiction.

While NDP Leader Naheed Nenshi criticized the use of the sovereignty act as performative, he acknowledged the detrimental impact the federal emissions cap could have on Alberta. Nenshi suggested that Alberta could have collaborated more effectively with the federal government to find a mutually beneficial solution.

Smith did not specify when the motion will be introduced in the legislature, with the finalized federal regulations expected to be released next spring. The ongoing debate underscores the complex interplay between federal and provincial jurisdiction in addressing environmental policies and protecting economic interests.