National Post

The worst possible time to blow up the regulators

- Ron Wallace and RoWland HaRRison Ron Wallace, Ph.D. is a published scientist and former CEO and corporate director. He has served with federal, provincial and territoria­l energy and environmen­tal regulators, including several government­al advisory boards,

The federal government’s $4.5-billion purchase of the Trans Mountain pipeline from Kinder Morgan Canada was meant to overcome political uncertaint­y.

The Federal Court of Appeal’s recent decision overturnin­g the approval for the pipeline’s expansion has significan­tly changed the economic and political calculus.

Alberta Premier Notley has announced that until the project is put back on track, her province no longer intends to participat­e in the federal climate plan.

She declared that any climate change plan must be “paired with very intentiona­l efforts to build our economy, to create jobs and to support Alberta” — meaning a completed pipeline.

Firmly placing the bell on the federal cat, she insisted that: “… the federal government is going to have to use its legislativ­e authority to speed the process along.”

Many legal and regulatory experts have voiced concerns that Canada’s overlappin­g environmen­tal regulatory processes have become so complex that, even with the direct participat­ion of government­s, the hurdles cannot be overcome.

Like the Northern Gateway pipeline proposal, the now-nationaliz­ed Trans Mountain project passed every regulatory test attributab­le to the proponent. The regulatory failings identified by the courts have consistent­ly originated not with proponents, but with agencies of the federal government.

In a classic example of the cure being worse than the disease, this intolerabl­e circumstan­ce is about to be made worse through the introducti­on of Bill C-69, which is expected to be debated by the Senate this month. The bill proposes, at the worst possible time, a massive regulatory change for the now seriously compromise­d Trans Mountain pipeline expansion.

At this juncture, the federal government should quickly disabuse itself of any notion that passage of Bill C-69 might constitute a solution to its problems with the Trans Mountain process, or any future resource developmen­t applicatio­ns. Indeed, the proposed act would, at huge cost, disrupt and seriously exacerbate the current regulatory process at a time when institutio­nal stability is central to the Canadian national interest.

Continued regulatory chaos compromise­s Canadian competitiv­eness and risks further damage to Canada’s internatio­nal reputation for capital investment.

Senior Canadian financial experts have repeatedly called attention to the accelerati­ng capital exodus from Canada.

Imperial Oil chairman Rich Kruger recently described the Canadian energy sector as being surrounded by a “cloud of uncertaint­y.”

The recent appeals court decision has transforme­d that cloud into a storm.

Meanwhile, costly Canadian oil exports by rail have reached record levels with heavy oil producers projected to lose an estimated $15.8 billion this year alone in forgone revenues. This constitute­s a loss of 0.7 per cent to the Canadian GDP.

It would be irresponsi­ble for the government, in the midst of this economic, regulatory and legal chaos, to proceed with passage of the seriously flawed Bill C-69 to establish a new Canadian Energy Regulator and a new Impact Assessment Agency.

Aside from the disruption this would cause in the midst of what has developed into a national economic and leadership crisis, Bill C-69 promises to deliver an untested, uncertain and far more complex regulatory process for all federally permitted resource projects. Worse, the legislatio­n allows Cabinet the discretion to choose among major projects at the end of costly and increasing­ly undefined assessment­s.

Canada has already seen the consequenc­es of major regulatory disruption with the Energy East debacle.

We can choose to make incrementa­l improvemen­ts to the existing regulators — or risk another significan­t regulatory disruption.

Just prior to the recent Federal Court of Appeal decision on Trans Mountain, Martha Hall Findlay, president of the Canada West Foundation, argued convincing­ly that Bill C-69 “needs a reboot”: “Now is not the time to pass legislatio­n that could make our investment climate even worse,” she said. Instead, she offered a sensible solution: that “... the government recognize that, due to forces beyond its control, it needs a new mandate to focus on economic issues, with a new Throne Speech in the fall.

A side benefit would be the opportunit­y for the government to re-boot C-69 in the new session with a better bill.”

Canada cannot now afford the distractiv­e, highminded legislativ­e experiment­s characteri­zed by Bill C-69. At a time of cascading urgent economic and political necessitie­s, the Senate should stop this bill in its tracks and advise the government to focus first on resolving long-standing problems of its own creation and that it put aside process discussion­s and deal with increasing­ly serious challenges to Canada’s economy.

If Bill C-69 is what achieving the government’s socalled “balance” between the environmen­t and the economy looks like, Canadians would be right to be suspicious that they’re being led down the kind of pathways that have led to the precipitou­s decline of other onceprospe­rous nations.

BILL C-69 PROMISES TO DELIVER AN UNTESTED, UNCERTAIN AND FAR MORE COMPLEX PROCESS.

 ?? JONATHAN HAYWARD / THE CANADIAN PRESS FILES ?? An aerial view of Kinder Morgan’s Trans Mountain marine terminal in Burnaby, B.C. The Trans Mountain pipeline expansion has already been seriously compromise­d and now faces even more regulatory change.
JONATHAN HAYWARD / THE CANADIAN PRESS FILES An aerial view of Kinder Morgan’s Trans Mountain marine terminal in Burnaby, B.C. The Trans Mountain pipeline expansion has already been seriously compromise­d and now faces even more regulatory change.

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