Guilbeault warns of violation of federal law as Alberta heats up Sovereignty Act challenge

The ongoing battle over jurisdictional authority between the federal government and Alberta escalated on Wednesday, with Environment Minister Steven Guilbeault warning that Alberta’s resistance to Ottawa’s oil and gas emissions cap could have serious consequences for companies involved.

Alberta Premier Danielle Smith announced a motion under the Alberta Sovereignty within a United Canada Act to push back against federal draft regulations that would require oil and gas producers to reduce greenhouse gas emissions by 35% below 2019 levels. The Alberta Sovereignty Act aims to allow the province to declare federal laws as unconstitutional or harmful and issue orders to provincial entities not to comply with federal rules.

One key aspect of the motion is the province’s demand that emissions data be considered proprietary information owned exclusively by the Government of Alberta, with all data reported and disclosed at the province’s discretion. This move has raised concerns about transparency and accountability in the industry.

Federal Environment Minister Guilbeault cautioned companies against withholding emissions data, stating that failure to report to the federal government could lead to violations of federal laws. He criticized Smith for her refusal to acknowledge the threat of climate change and described the motion as irresponsible behavior.

In response to Guilbeault’s comments, Alberta Environment Minister Rebecca Schulz accused him of lying and asserted that the federal emissions cap would be found unconstitutional when challenged in court. Premier Smith emphasized the need for a collective approach to emissions reporting to prevent individual companies from being deterred from expanding production due to federal regulations.

The jurisdictional standoff between Alberta and the federal government has raised questions about the province’s authority to intervene in the sharing of emissions data. Constitutional law expert Eric Adams highlighted the need to comply with both provincial and federal laws, emphasizing that Alberta may not have the power to interfere in valid federal laws.

The federal government has extended the consultation period on the regulations until January 8, with the final version expected to be published next year. The outcome of this jurisdictional battle will have far-reaching implications for the oil and gas industry in Alberta and beyond.