CER

Prime Minister Mark Carney and Alberta Premier Danielle Smith on Thursday announced the signing of a Memorandum of Understanding (the MOU) intended to lower emissions, support natural resource development, and strengthen economic competitiveness. The MOU sets out a framework for enhanced federal-provincial collaboration in the energy sector with the stated goal of achieving net-zero emissions by 2050 while advancing Alberta’s energy-resource potential. The announcement also prompted debate, including references to the potential development of at least one new bitumen pipeline to the B.C. coast. It also prompted the resignation from Cabinet of Steven Guilbeault, Minister of Canadian Identity and Culture and former Minister of Environment and Climate Change. This bulletin summarizes the MOU’s key objectives, priority projects, and federal and provincial commitments, including actions related to Alberta’s Technology Innovation and Emissions Reduction (TIER) system. Objectives. The MOU outlines the following objectives: Increase production of Alberta oil and gas to contribute to export and national security goals, while reducing the emissions intensity of Canadian heavy oil production to reach net-zero by 2050. Expand electricity generation capacity in Alberta for consumer and industrial use, including demand from AI data centres, while achieving net-zero GHG emissions in the electricity sector by 2050. Establish electricity and energy policies that advance affordability, grid stability, competitiveness, and long-term investment certainty, and that attract domestic and foreign private-sector capital. Reduce regulatory overlap and simplify permitting processes to achieve a maximum two-year approvals timeline. Provide opportunities for Indigenous rightsholders to participate in consultation processes and economic activities, including through ownership and partnership arrangements. Priority projects. The MOU identifies the following priority projects: Development of one or more privately financed pipelines, in addition to the Trans Mountain expansion, with Indigenous co-ownership and economic participation. At least 1 million barrels per day of lower-emission Alberta bitumen with access to Asian markets is identified as a priority. An application to the…

Canada’s Minister of Environment and Climate Change (the “Minister”) yesterday announced the finalization and publication today of the Clean Electricity Regulations (“CER”) in the Canada Gazette, Part II (see our earlier bulletin on the draft CER here). CER establishes significant annual emission limits (“AEL”) to reduce greenhouse gas (“GHG”) emissions from fossil fuel-generated electricity generation facilities in all provinces and territories across Canada starting in 2035. Requirements to reduce emissions under CER start in 2035 with a pathway to reaching net-zero in 2050. Environment and Climate Change Canada (“ECCC”) estimates that the CER would reduce approximately 181 megatonnes of cumulative GHG emissions between 2024 and 2050. The CER imposes significant registration, record keeping, and reporting obligations on covered electricity generation facilities. This bulletin briefly summarizes the key provisions of CER and federal financial support to help decarbonize and expand Canada’s electricity system. Scope. A “unit” is regulated under the CER if it meets all of the following three criteria: It has an electricity generation capacity of 25 megawatts (“MW”) or greater (or is a new unit located at a facility where the sum of all new electricity generation unit capacity is 25 MW or greater); It generates electricity using fossil fuel; and It is connected, directly or indirectly, to an “electricity system” that is subject to North American Electric Reliability Corporation (“NERC”) standards. A unit that has an electricity generation capacity of less than 25 MW is deemed to meet the first criteria if the unit’s commissioning date is on or after January 1, 2025 and the sum of the electricity generation capacity of all units, other than planned units, that are located at the facility where the unit is located and that also have commissioning dates on or after January 1, 2025 is at least 25 MW. CER does not apply…

Canada and Alberta Sign Energy Collaboration MOU

Canada Publishes Finalized Clean Electricity Regulations