Business Continuity ESG Blog

Canada's Draft Regulations to Cap Oil and Gas Sector Emissions

Written by William Tygart | 1/5/25 4:12 PM

On November 4, 2024, the Canadian government released draft regulations with the aim of significantly curtailing greenhouse gas (GHG) emissions from the oil and gas sector. These regulations, proposed under the Canadian Environmental Protection Act, 1999 (CEPA), seek to reduce emissions by 35% below 2019 levels by 2030-20321. This initiative is part of a broader strategy by the Canadian government to achieve its national climate goals, including a 40-45% reduction in GHG emissions by 2030 and net-zero emissions by 20502.

These draft regulations are a critical step towards mitigating the environmental impact of the oil and gas sector, which currently accounts for 31% of Canada's total emissions3. This proportion has been steadily increasing, underscoring the urgent need for effective emission reduction measures3.

Key Points of the Draft Regulations

  • Emissions Cap: The regulations propose a cap on GHG emissions from upstream oil and gas facilities, including offshore facilities, and liquefied natural gas (LNG) production facilities4. Oil refineries are excluded as they are already subject to the Clean Fuel Regulations4.
  • Cap-and-Trade System: A cap-and-trade system will be implemented to incentivize emission reductions5. Under this system, producers will receive annual emissions allowances, each representing one tonne of carbon emissions. The number of allowances will decrease over time, aligning with the declining emissions cap. Companies with a surplus of allowances can sell them to those exceeding their limits.
  • Tax Credits: The regulations offer tax credits for emissions reductions, further encouraging companies to adopt cleaner technologies and practices5.
  • Compliance Fund: Companies unable to meet their emission targets can contribute to a fund that supports carbon reduction programs5.

Emission Reduction Targets and Timelines

The regulations aim for a 35% reduction in GHG emissions from the oil and gas sector by 2030-2032, compared to 2019 levels1. The first compliance period, 2030-2032, is projected to reduce emissions by 27% from 2026 reported emissions4. This translates to an estimated reduction of 13.4 million tonnes of greenhouse gas emissions, potentially avoiding nearly $4 billion in climate change damages6.

Measures to Achieve Emission Reduction Targets

The core measure proposed in the draft regulations is the cap-and-trade system4. This system aims to create a market-driven incentive for companies to reduce emissions4. It operates by setting a limit (cap) on overall emissions from the sector and providing companies with emissions allowances4. Each allowance permits the emission of one tonne of carbon dioxide equivalent. The government will gradually reduce the number of allowances available over time, in line with the declining emissions cap. This creates a scarcity of allowances, encouraging companies to prioritize emission reductions to avoid the need to purchase additional allowances in the market. Companies that successfully reduce their emissions below their allocated allowances can sell their surplus allowances to other companies that may need them. This market mechanism promotes cost-effective emission reductions by allowing companies to find the most efficient ways to meet their obligations.

Potential Impact on the Canadian Oil and Gas Industry

The regulations are expected to have a notable impact on the Canadian oil and gas industry, which is currently the world's fourth-largest oil producer and sixth-largest natural gas producer7. While the government maintains that the regulations target pollution and not production, some industry stakeholders have expressed concerns7.

  • Investment: The Canadian Association of Petroleum Producers has warned that the emissions cap could deter investment in Canadian oil and natural gas projects7.
  • Production: Alberta, Canada's primary fossil fuel-producing province, has suggested that the cap could reduce production by one million barrels per day by 20307.
  • Energy Costs: TC Energy CEO Francois Poirier has expressed concerns that the cap could restrict domestic natural gas production, potentially leading to increased energy costs for Canadian consumers and businesses7.

However, the government projects that oil and gas production will still grow by 16% from 2019 levels by 2032, even with the emissions cap in place6. The economic impact is estimated to reduce Canadian GDP by only 0.1%7. Over the time frame of 2025 to 2032, the proposed regulations are estimated to result in net cumulative GHG emissions reductions of 13.4 Mt8. These reductions are valued at almost $4.0 billion in avoided climate change damages8. The regulations are also estimated to have some incremental impacts on the economy, valued at $3.3 billion, and some administrative costs to industry and government estimated to be $219 million8. The draft highlights that while there will be some economic costs—estimated at $3.3 billion—mainly from the oil and gas sector's efforts to cut emissions, the regulations are expected to bring net benefits of $428 million6. These estimates do not include benefits from reduced air pollution, job impacts from carbon capture technology investments after 2032, or the potential growth of new low-carbon industries like clean hydrogen6. In addition to the economic benefits, the regulations are expected to contribute to improved air quality, with positive implications for public health and the environment6.

Public Consultation Process

The draft regulations are open for public comment from November 9, 2024, to January 8, 20251. This consultation period allows stakeholders and the public to provide feedback and contribute to the development of the final regulations.

Next Steps in the Regulatory Process

Following the public consultation period, the government intends to publish the final regulations in 20255. The final regulations will incorporate feedback received during the consultation process and will provide a clear framework for emission reductions in the oil and gas sector. However, concerns have been raised about a potential loophole in the proposed "decarbonization program," which could lead to the double-counting of emission reductions3. The International Institute for Sustainable Development (IISD) has recommended removing this loophole to ensure the effectiveness of the regulations in driving genuine emission reductions3.

Similar Regulations and Initiatives in Other Countries

While the Canadian regulations are unique in their specific approach, many countries are implementing measures to reduce GHG emissions and combat climate change. These initiatives include:

  • European Union: The EU has passed the AI Act, creating the world's first comprehensive framework for AI regulation9. While this Act primarily focuses on AI safety and ethical considerations, it has some indirect implications for environmental protection9.
  • Mexico: Mexico has proposed legislation with a dual emphasis on human rights and national AI advancement10. This policy would include risk categories for AI systems, continuous monitoring, and other obligations for developers to ensure responsible data use and minimize environmental impact10.
  • Australia: Australia has implemented the Privacy Amendment (Notifiable Data Breaches) to its Privacy Act, which includes provisions related to environmental protection and data security11.
  • Brazil: Brazil's Lei Geral de Proteçao de Dados (LGPD) is modeled after GDPR and includes provisions related to data privacy and environmental protection11.

These examples illustrate a growing global trend towards stricter regulations and initiatives aimed at reducing emissions and promoting environmental sustainability. However, Canada's approach stands out due to its comprehensive nature. The combination of a cap-and-trade system with declining allowances, tax credits for emission reductions, and a compliance fund offers a multi-faceted approach to incentivize emission reductions and support the transition to a low-carbon economy. This contrasts with the approaches taken by other countries, which may focus more narrowly on specific aspects of environmental regulation or rely solely on market-driven mechanisms.

Conclusion

Canada's draft regulations represent a significant step towards reducing GHG emissions from the oil and gas sector and achieving the country's climate goals. The proposed cap-and-trade system, combined with tax credits and a compliance fund, provides a comprehensive approach to incentivize emission reductions. While there are concerns about the potential impact on the industry, the government maintains that the regulations will not hinder production and will have a minimal impact on the economy. In fact, the regulations are projected to generate net economic benefits and contribute to improved air quality. The public consultation process ensures that stakeholders have a voice in shaping the final regulations, which are expected to be published in 2025. However, it is crucial to address concerns about potential loopholes, such as the "decarbonization program," to ensure the effectiveness of the regulations in driving genuine emission reductions. These regulations, along with similar initiatives in other countries, demonstrate a growing global commitment to addressing climate change and transitioning to a more sustainable future. The success of Canada's approach will depend on effective implementation, ongoing monitoring, and continuous improvement to ensure that the regulations achieve their intended environmental and economic outcomes.

Works cited

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  4. Draft regulations released for the federal oil and gas emissions cap, accessed January 5, 2025, https://www.atlanticaenergy.org/draft-regulations-released-federal-oil-gas-emissions-cap/
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  7. Canada's bold emissions cap stirs controversy in oil and gas sector, accessed January 5, 2025, https://www.benefitsandpensionsmonitor.com/investments/alternative-investments/canadas-bold-emissions-cap-stirs-controversy-in-oil-and-gas-sector/389581
  8. Canada Gazette, Part I, Volume 158, Number 45: Oil and Gas Sector Greenhouse Gas Emissions Cap Regulations, accessed January 5, 2025, https://canadagazette.gc.ca/rp-pr/p1/2024/2024-11-09/html/reg1-eng.html
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