Alberta proposes oil-site trespass bill to keep federal workers from grabbing data

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This article was published 19/03/2025 (233 days ago), so information in it may no longer be current.

EDMONTON – Alberta’s government is proposing a law it says would ban federal employees from going on any oil-related sites — from wellheads to corporate head offices — but critics say the province doesn’t have the legal right to do so.

Premier Danielle Smith said Wednesday the goal is to keep federal staffers away from any place where oil and gas production and emissions data might be located.

“Alberta will do whatever it takes to shield our economy from the Liberals’ growth-killing lunacy.”

She said it’s necessary because she doesn’t trust how the federal government will calculate greenhouse gas emissions as it continues to craft its proposed emissions cap.

“Because the federal government has come up with different numbers at different times for their own purposes, we think that we actually need to get real data, and because we’re the ones on the ground, we’ll be the ones able to do that work,” she said.

The premier said emissions data is the property of the Alberta government and, if a private company doesn’t comply with the new rules, the province could make it a condition of its licence. She did not specify which licences or leases might be under threat.

She said her government’s proposed bill, if passed, will bind federal employees, but later Wednesday, the government said in an email it won’t apply “when enforcement officers have a ‘lawful right, justification or excuse’ to enter facilities to inspect and/or investigate.”

The legislation introduced Wednesday by Justice Minister Mickey Amery doesn’t specify which federal employees it may or may not target, rather it just says the legislation “binds the government of Canada.”

Smith said last fall that Alberta would challenge Ottawa’s emissions cap in court if or when it becomes law.

Eric Adams, a constitutional law expert and professor at the University of Alberta, said the province can’t “elbow judges out of the way” and undermine or subvert federal legislation no matter how much it might disagree with it.

“I fully support the Alberta government being able to launch whatever constitutional challenges it wishes against federal legislation,” Adams said in an interview.

“What I don’t think is open for the province to do is to take a valid piece of federal legislation which is fully constitutional, and through sleight of hand, suggest that they’ve passed a law to now make it impossible for that federal legislation to operate.

“That’s simply not the way that our federation operates.” 

University of Alberta economist and law professor Andrew Leach agreed, adding that he thinks the government’s goal is to “have us entertain the idea that they could” ignore federal laws.

“There’s no real mystery here,” said Leach. “There’s no way they can do what they’re claiming they can.

“The whole premise of it is offside.”

Opposition NDP justice critic Irfan Sabir told reporters the government is putting industry in the difficult position of being told to breach federal law, all in the name of “political grandstanding.”

“Even a first-year law student will tell you that one order of government, especially the province of Alberta, cannot bind the government of Canada with its legislation,” said Sabir.

He said courts are there to settle jurisdictional disputes.

“The province can’t just write on a piece of paper and think that it will bind the government of Canada,” he said.

Smith’s government has said it is determined to protect Alberta’s jurisdiction over its natural resources and that the emissions cap could lead to a mandated production cut.

The premier said Wednesday the latest legislation is a warning to Ottawa that Alberta won’t tolerate unconstitutional overreaches, and that it’s an invitation to help build pipelines across the country.

“If the new prime minister wants to resume an old fight, well, we will. We’ll fight tooth and nail,” she said.

Under proposed regulations from Ottawa, producers would need to cut their emissions by about one-third below 2019 levels by 2032. 

The final oil and gas greenhouse gas pollution cap level is expected to be published before the end of 2027.

The oil and gas sector is responsible for the largest share of the country’s greenhouse gas emissions, at 31 per cent.

This report by The Canadian Press was first published March 19, 2025.

Note to readers:This is a corrected story. A previous version said Alberta’s oil and gas sector is responsible for 31 per cent of the country’s greenhouse gas emissions.