The Province of Saskatchewan says it is considering all options to free itself from new federal regulations on carbon and methane emissions.Last December, at COP 28 in Dubai, Federal Minister of Environment and Climate Change Canada Steven Guilbeault announced a federal oil and gas cap that would include a national cap-and-trade emissions system and plans to reduce methane emissions by 75% by 2030, along with federal fines and penalties.On Monday, Saskatcewan's Minister of Justice and Attorney General Bronwyn Eyre, told the legislature the government would fight these measures due to their "significant and harmful economic impact.""Make no mistake, we are laying the groundwork. We are gathering all facts, all evidence and considering all options, both offensive — including simultaneous litigation against a number of federal measures — and defensive," Eyre said."On the defensive side, former Supreme Court Justice John Major has explored the scenario whereby a province could simply refuse to implement measures that are adverse to it."Eyre quoted Major who wrote, "The onus should be reversed and the federal government should have to bring the matter before the court. What is so terrible about a province saying that if you want to impose that on us, you’d better be sure that you’re doing it constitutionally?"The minister also announced the province would refer the federal oil and gas cap and Methane 75 to the independent Economic Impact Assessment Tribunal, which was established under The Saskatchewan First Act. The tribunal will release its findings on federal clean electricity regulations next month and on the emissions questions in September."It is our position that the federal government can impose neither of these measures on Saskatchewan. Under section 92A of the Constitution Act, provinces have exclusive jurisdiction over natural resources and power generation. In the carbon tax reference case, the Supreme Court did not give the federal government free rein to legislate on all environmental matters," Eyre explained.The Supreme Court also sided with the provinces that Bill C-69, dubbed by some the No More Pipelines Bill, was an overreach of federal jurisdiction.Eyre (Saskatoon Stonebridge-Dakota) said the latest regulations were part of a larger pattern of reckless policy-making in Ottawa."These measures do constitute a production cap. They duplicate other punitive federal measures. They were imposed with no consultation — unless you count a 'just to let you know' five-minute phone call — and are another example of gross federal overreach into provincial jurisdiction," Eyre said."Certainly as the federal government attempts to pile on regulation-after-legislation-after policy, the question always has to be top of mind: what is the economic analysis? What is the economic impact?" "The federal carbon tax, existing and proposed methane regulations, clean electricity regulations, clean fuel regulations, and the oil cap — they are all targetting the same industries in the same regions. They add uncertainty and they add significant new costs on energy production and products."NDP Opposition Energy Critic Nicole Sarauer (Regina Douglas Park) acknowledged many questions surrounded federal intrusion into "provincially regulated territory" but questioned the need for the tribunal or Eyre's statement to the legislature."This is simply an exercise in gathering evidence for a court application. An economic tribunal is not necessarily needed for that sort of action," she said."If this government’s going to take the federal government to court, they should do that. Take them to court. Nothing extravagant about it, not really a need in my opinion for a ministerial statement, Mr. Speaker. We’ll see how the legal arguments advance, as I’m sure there will be other provinces who are also interested in entering into this."At a press conference alongside Eyre earlier in the day, Minister of Energy and Resources Jim Reiter said the province wants to grow its oil production from 450,000 barrels a year to 600,000 by 2030, not reduce it by 100,000 as these regulations would likely require."It'd be significant, right? It would be moving in the wrong direction," Reiter said.Eyre said in 2020 Guilbeault tweeted his appreciation for Saskatchewan's progress in reducing methane, but now it's not good enough."The roadmap keeps changing, the rules keep changing. And that is very demoralizing to provinces, where we do attempt to work with the federal government," she said."Far from this being a cynical exercise, it's an exercise in protection of economy, and we're seeing that across the country."
