Sask. has no plans to follow federal clean energy regulations

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As the federal government scraps its target for a countrywide renewable energy grid by kicking the can from 2035 to 2050, the province of Saskatchewan still refuses to comply.

That’s despite the fact that 2050 was earmarked as the Saskatchewan government’s own target for net-zero power generation.

In an emailed response to an interview request, Jeremy Harrison, minister responsible for SaskPower, said the Clean Electricity Regulations (CER) are unconstitutional “and Saskatchewan will not be following them. It is up to the federal government to prove they have the constitutional jurisdiction to enforce these regulations, which they clearly do not.”

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Greg Poelzer, a professor at the University of Saskatchewan’s school of environment and sustainability, said Harrison might be right about jurisdiction. However, he noted that the court proceedings will be long and drawn out if Saskatchewan joins the fight alongside Alberta, which has signalled plans to mount a legal challenge against the CER.

“If you look at this jurisdiction, the province is correct,” Poelzer said Friday from Luleå, Sweden. “In terms of constitutionally, it has the right to regulate electricity specifically.”

But that’s not where the matter ends.

On Thursday, Harrison said the province is still moving toward its target for 2050 with the possible deployment of small modular nuclear reactors and improved renewable power sources.

“While that work is progressing, Saskatchewan will maintain an energy mix that ensures reliable base load power and affordable rates for customers, which will include coal, natural gas, renewables, and biomass power generation,” said Harrison.

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According to the CER, starting in 2035, the regulations “will set limits on carbon dioxide pollution from almost all electricity generation units that use fossil fuels.”

Poelzer said this is effectively how Ottawa will regulate what falls under provincial jurisdiction.

“When it comes to things like emissions and especially toxic substances, that’s where the federal government has jurisdiction,” he said, noting that one of those toxic substances is carbon dioxide.

“It would still allow the provinces to regulate electricity any way they want, as long as it meets the environmental regulations. The federal government is indirectly regulating the electricity production.”

But that doesn’t mean it’s a clear case, as legal challenges are anticipated.

In a news release from November 2023, now-former minister responsible for SaskPower Dustin Duncan said: “Our government will not risk the affordability and reliability of Saskatchewan’s power grid to attempt the impossible based on an arbitrary federal emissions target and timeline. We call on the federal government to acknowledge and accept Saskatchewan’s plan to build and protect our economy while ensuring the continued viability of our power system and publicly-owned Crown utility for generations to come.”

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Part of the issue is the vast majority of Saskatchewan’s power comes from non-renewable sources. A supply update from SaskPower on Dec. 18 indicated that 20 per cent of power generated came from coal while 47 per cent was natural gas. About 10 per cent was through wind generation and another 10 per cent from hydro.

Saskatchewan was already unsuccessful in a previous attempt to challenge Ottawa over it’s right to impose a carbon tax on the province.

“The federal government had a clear victory on that particular challenge, and I really anticipate the same thing is going to happen,” said Poelzer, but a change in government might change how the provinces opt to proceed with their challenges.

alsalloum@postmedia.com

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