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Pressure still on oilsands sector despite silence after greenwashing law: think tank

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CALGARY – Canada’s oilsands industry remains under pressure to reduce its greenhouse gas footprint, even as companies have clamped down on public communications in the wake of new anti-greenwashing legislation.

The Pathways Alliance — a consortium of six companies that have jointly committed to achieving net-zero greenhouse gas emissions from oilsands production — has been largely silent since June, when the federal government passed an amendment to Canada’s Competition Act containing a new anti-greenwashing provision.

But clean energy think tank the Pembina Institute said concerns about the new law shouldn’t prevent Pathways from pulling the trigger on its proposed $16.5-billion carbon capture and storage project.

“(The greenwashing legislation) doesn’t preclude things like announcing final investment decisions on carbon capture projects or emissions reduction projects,” said Matt Dreis, the think tank’s senior oil and gas analyst.

“If we want to be leaders in that sector, we’re going to need to get projects like this across the finish line.”

It’s been three years since the Pathways Alliance first proposed building a massive carbon capture and storage network in northern Alberta to help reduce emissions from oilsands sites. While it has submitted a number of regulatory applications, the consortium has not yet given the project an official green light in the form of a final investment decision.

The industry group also removed virtually all of its content from its website after the passage of new greenwashing rules, which require corporations to provide evidence to support their environmental claims.

The bill’s wording says businesses must not make claims to the public about what they are doing to protect the environment or mitigate the effects of climate change unless those claims are based on “adequate and proper substantiation in accordance with internationally recognized methodology.”

In an emailed statement this week, Pathways Alliance president Kendall Dilling said the group continues to pursue its major project and is working with federal and provincial governments “to determine the most appropriate way to enable large investments into major projects such as ours.”

“The new law does not change the intent of Pathways Alliance nor the work we are doing,” Dilling said.

“However, the changes to the Competition Act do make it more difficult to publicly discuss our work, due to the vagueness of the law.”

A newly released survey by ATB Capital Markets found 53 per cent of oil and gas producers polled said the new anti-greenwashing rules in the Competition Act will be “very impactful” to their company’s environmental reporting practices.

The survey — conducted between Aug. 28 and Sept. 9 — also found a sizable reduction in the willingness of energy companies to invest in environmental technologies based on an ESG mandate over the next year. Just 17 per cent of respondents noted intentions to invest, down from 34 per cent in the spring 2024 survey.

Dreis said the lack of a final investment decision thus far from the Pathways Alliance is concerning given the oilsands industry is Canada’s heaviest-emitting sector and carbon capture and storage projects are already going forward elsewhere.

In June, Shell approved two projects that will capture and store carbon emissions from its Scotford refinery near Edmonton. In July, Strathcona Resources announced a partnership with the Canada Growth Fund that will see the federal entity contribute up to $2 billion in funding for the company’s carbon capture projects in Cold Lake and Lloydminster.

The Shell and Strathcona announcements came in the wake of the federal government’s finalization of an investment tax credit for carbon capture and storage projects, something heavy emitters such as the Pathways group had lobbied heavily for. But Dreis said it’s clear now the tax credit on its own isn’t enough to compel broad-based action by industry.

“We were hoping to see some more announcements regarding carbon capture projects moving forward after that was announced,” Dreis said, adding that is why Pembina supports the federal government’s proposed legislated cap on emissions from the oil and gas sector.

“It seems like the key pieces aren’t in place yet, so hopefully we can find a solution and start getting meaningful emissions reduction from this sector.”

The Pathways Alliance has previously said its carbon capture and storage network could help its member companies achieve a 32 per cent reduction from 2019 emissions levels by 2030. Dilling said last March that he is hopeful a final investment decision will be made before the end of 2025, with construction beginning in 2026.

This report by The Canadian Press was first published Sept. 19, 2024.

The Canadian Press. All rights reserved.



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Proposed $32.5B tobacco deal not ‘doomed to fail,’ judge says in ruling

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TORONTO – An Ontario judge says any outstanding issues regarding a proposed $32.5 billion settlement between three major tobacco companies and their creditors should be solvable in the coming months.

Ontario Superior Court Chief Justice Geoffrey Morawetz has released his reasons for approving a motion last week to have representatives for creditors review and vote on the proposal in December.

One of the companies, JTI-Macdonald Corp., said last week it objects to the plan in its current form and asked the court to postpone scheduling the vote until several issues were resolved.

The other two companies, Rothmans, Benson & Hedges and Imperial Tobacco Canada Ltd., didn’t oppose the motion but said they retained the right to contest the proposed plan down the line.

The proposal announced last month includes $24 billion for provinces and territories seeking to recover smoking-related health-care costs and about $6 billion for smokers across Canada and their loved ones.

If the proposed deal is accepted by a majority of creditors, it will then move on to the next step: a hearing to obtain the approval of the court, tentatively scheduled for early next year.

In a written decision released Monday, Morawetz said it was clear that not all issues had been resolved at this stage of the proceedings.

He pointed to “outstanding issues” between the companies regarding their respective shares of the total payout, as well as debate over the creditor status of one of JTI-Macdonald’s affiliate companies.

In order to have creditors vote on a proposal, the court must be satisfied the plan isn’t “doomed to fail” either at the creditors or court approval stages, court heard last week.

Lawyers representing plaintiffs in two Quebec class actions, those representing smokers in the rest of Canada, and 10 out of 13 provinces and territories have expressed their support for the proposal, the judge wrote in his ruling.

While JTI-Macdonald said its concerns have not been addressed, the company’s lawyer “acknowledged that the issues were solvable,” Morawetz wrote.

“At this stage, I am unable to conclude that the plans are doomed to fail,” he said.

“There are a number of outstanding issues as between the parties, but there are no issues that, in my view, cannot be solved,” he said.

The proposed settlement is the culmination of more than five years of negotiations in what Morawetz has called one of “the most complex insolvency proceedings in Canadian history.”

The companies sought creditor protection in Ontario in 2019 after Quebec’s top court upheld a landmark ruling ordering them to pay about $15 billion to plaintiffs in two class-action lawsuits.

All legal proceedings against the companies, including lawsuits filed by provincial governments, have been paused during the negotiations. That order has now been extended until the end of January 2025.

In total, the companies faced claims of more than $1 trillion, court documents show.

In October of last year, the court instructed the mediator in the case, former Chief Justice of Ontario Warren Winkler, and the monitors appointed to each company to develop a proposed plan for a global settlement, with input from the companies and creditors.

A year later, they proposed a plan that would involve upfront payments as well as annual ones based on the companies’ net after-tax income and any tax refunds, court documents show.

The monitors estimate it would take the companies about 20 years to pay the entire amount, the documents show.

This report by The Canadian Press was first published Nov. 5, 2024.

The Canadian Press. All rights reserved.



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Potato wart: Appeal Court rejects P.E.I. Potato Board’s bid to overturn ruling

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OTTAWA – The Federal Court of Appeal has dismissed a bid by the Prince Edward Island Potato Board to overturn a 2021 decision by the federal agriculture minister to declare the entire province as “a place infested with potato wart.”

That order prohibited the export of seed potatoes from the Island to prevent the spread of the soil-borne fungus, which deforms potatoes and makes them impossible to sell.

The board had argued in Federal Court that the decision was unreasonable because there was insufficient evidence to establish that P.E.I. was infested with the fungus.

In April 2023, the Federal Court dismissed the board’s application for a judicial review, saying the order was reasonable because the Canadian Food Inspection Agency said regulatory measures had failed to prevent the transmission of potato wart to unregulated fields.

On Tuesday, the Appeal Court dismissed the board’s appeal, saying the lower court had selected the correct reasonableness standard to review the minister’s order.

As well, it found the lower court was correct in accepting the minister’s view that the province was “infested” because the department had detected potato wart on 35 occasions in P.E.I.’s three counties since 2000.

This report by The Canadian Press was first published Nov. 5, 2024.

The Canadian Press. All rights reserved.



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About 10 per cent of N.B. students not immunized against measles, as outbreak grows

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FREDERICTON – New Brunswick health officials are urging parents to get their children vaccinated against measles after the number of cases of the disease in a recent outbreak has more than doubled since Friday.

Sean Hatchard, spokesman for the Health Department, says measles cases in the Fredericton and the upper Saint John River Valley area have risen from five on Friday to 12 as of Tuesday morning.

Hatchard says other suspected cases are under investigation, but he did not say how and where the outbreak of the disease began.

He says data from the 2023-24 school year show that about 10 per cent of students were not completely immunized against the disease.

In response to the outbreak, Horizon Health Network is hosting measles vaccine clinics on Wednesday and Friday.

The measles virus is transmitted through the air or by direct contact with nasal or throat secretions of an infected person, and can be more severe in adults and infants.

This report by The Canadian Press was first published Nov. 5, 2024.

The Canadian Press. All rights reserved.



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