Alberta to apply sovereignty act to try to thwart federal clean-electricity plan

By Sean Silcoff | Published by The Globe and Mail

Alberta Premier Danielle Smith’s promise to apply the sovereignty act to protect provincial power companies from proposed federal clean-electricity regulations is a move Ottawa argues is at odds with continuing “good faith” federal-provincial talks.

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Update: The premier did indeed invoke the act on Nov. 27 to oppose Ottawa’s proposed requirements for achieving a net-zero electricity grid by 2035, which the premier says Alberta would not be able to meet.

“We will not put our operators at risk of going to jail if they do not achieve the targets which have been set, which we believe are unachievable,” Ms. Smith told reporters.

Bruce Pardy, executive director of Rights Probe and a law professor at Queen’s University, noted Alberta is “on good ground constitutionally”.

“Few aspects of the Constitution are more clear than exclusive provincial jurisdiction over natural resources and electricity.”

The legislature, said Mr. Pardy, could adopt a resolution directing provincial agencies and officers to not enforce federal measures, which “wouldn’t limit federal jurisdiction but could create administrative tangles.”

Further Reading

Alberta Court of Appeal tees up an argument for western separation