The United Conservative government of Alberta has utilized its contentious Sovereignty Act for the first time by introducing a resolution to challenge the federal government’s proposed Clean Electricity Regulations.
The resolution, presented in the Alberta legislature, advises governments and provincial entities such as the Alberta Electric System Operator and the Alberta Utilities Commission to disregard the regulations “to the extent legally permissible” when they take effect.
Additionally, the resolution suggests the potential establishment of a Crown corporation to protect private sector electricity providers in the province. This corporation would serve as a last-resort generator, ensuring power supply in the face of potential energy shortages.
The Clean Electricity Regulations, currently in draft form, outline the guidelines for achieving net-zero emissions in Canada’s electricity grid by 2035.
Premier Danielle Smith argues that this deadline is unattainable for Alberta without risking power outages and increased costs for consumers. She contends that the uncertainty surrounding the regulations has deterred investors from proposing new power generation projects in the province.
The proposed Crown corporation could commission new natural gas-fired plants, negotiate deals for small-scale nuclear reactors, or acquire existing gas-fired plants. Smith emphasized that the Crown corporation would encourage private sector investments while preserving power.
The resolution’s passage would provide legal support for Alberta in potential legal disputes, but Smith hopes it prompts the federal government to reconsider its 2035 net-zero goal in favor of a 2050 target.
The Sovereignty Act, which permits the Alberta legislature to pass motions refusing to enforce federal legislation against the province’s interests, was proposed by Smith and passed under her leadership in response to perceived federal overreach.
Steven Guilbeault, the federal minister of Environment and Climate Change Canada, asserted that Alberta’s potential use of the Sovereignty Act lacks legal basis and will not deter the federal government from pursuing the Clean Electricity Regulations.
Rachel Notley, leader of the Official Opposition NDP, criticized the resolution as an “illegal stunt” that undermines investment certainty, challenges the rule of law, and breaches treaty rights.
Legal experts raised concerns about the resolution’s timing and potential impacts, with some deeming it premature given that the regulations are not yet in effect.