Alberta seeks court ruling on constitutionality of federal clean electricity plan

Jack Farrell · The Canadian Press

· Posted: May 01, 2025 5:11 PM EDT | Last Updated: 7 minutes ago

Alberta's authorities is seeking a tribunal ruling connected the constitutionality of Ottawa's cleanable energy grid regulations.

The regulations, finalized precocious past year, laic retired a program to decarbonize energy grids crossed Canada by 2050.

Premier Danielle Smith, who invoked her arguable sovereignty enactment for the archetypal clip successful 2023 against draught versions of the regulations that aimed for a cleanable grid by 2035, says careless of the timeline Ottawa's goals are excessively far-fetched and are a breach of provincial jurisdiction.

At a quality league Thursday announcing the tribunal action, Smith said the regulations volition lone harm the affordability and reliability of Alberta's energy grid, which is mostly powered done earthy gas.

"This is astir protecting the lives and livelihoods of Albertans," Smith said, saying the regulations would summation energy costs by implicit 30 per cent.

"We volition not judge the reckless and unsafe policies — policies that volition harm our economy, stifle our vigor industry, jeopardize the reliability of our energy grid and rise energy prices for Albertans."

No denotation of action

Abandoning the regulations was besides 1 of 9 demands Smith laid retired successful March aft gathering with Prime Minister Mark Carney.

On Thursday, she said she's received nary denotation that the new government nether Carney volition instrumentality enactment connected the file.

The predetermination was connected Monday. 

"It depends precise overmuch connected whether we person pragmatic Bank of Canada politician Mark Carney arsenic our premier minister, oregon whether we person biology extremist, support it successful the ground, signifier retired fossil fuels ... Mark Carney arsenic premier minister," she said.

"I don't cognize the reply to that yet."

Carney's bureau did not respond to a petition for comment.

Justice Minister Mickey Amery said Thursday the state is referring the question of the constitutionality of the regulations to the Alberta Court of Appeal.

He said a docket with the tribunal needs to beryllium determined earlier it's known erstwhile a determination connected the lawsuit tin beryllium expected.

'Three days in'

Alberta NDP Leader Naheed Nenshi told reporters that Smith seems much acrophobic astir warring with Ottawa than striking a woody that is beneficial for some levels of government.

"Three days successful with nary curate successful place, nary 1 to combat against, she launches this lawsuit," Nenshi said, referring to however Carney has yet to name a caller cabinet.

"If she sat down with the premier curate and made a deal, we would person due regulations that would bring certainty for concern to Alberta wrong the adjacent month. Instead, she's going to instrumentality years."

Nenshi said helium besides thinks the national regulations would beryllium punishing for Alberta, but said Smith's insistence connected taking Ottawa to tribunal alternatively than negotiating volition marque it worse.

"We heard (Carney) speech astir Canada arsenic a cleanable and accepted vigor superpower," Nenshi said. "So alternatively than insulting him and saying, 'You're lying,' wherefore not springiness him an accidental to beryllium that helium wasn't lying?"

Jason Wang, a elder energy expert with the cleanable vigor think-tank the Pembina Institute, said Alberta is close to beryllium acrophobic astir the affordability and reliability of its vigor grid, but should enactment connected those concerns by expanding opportunities for renewable energy to travel online.

"Alberta is swimming against the tide by focusing connected state to tally its grid agelong into the future," Wang wrote successful a March report.

"This erodes its attractiveness arsenic an concern destination — fixed that we cognize request for low-cost, cleanable powerfulness is going to support increasing arsenic caller power-hungry industries, similar information centres, look for places to acceptable up business."

Wang said successful a connection Thursday that the finalized regulations addressed Alberta's concerns astir reliability, arsenic c strength thresholds were accrued arsenic was the magnitude of clip that recently built gas-powered generators tin stay online.

Smith said Thursday those concessions mean little because Ottawa is inactive overstepping.

"It violates the Constitution, and we're going to reason that vigorously successful court," she said.