Not only do federal Environment Minster Steven Guilbeault’s proposed regulations on Canadian electricity generation run afoul of provincial jurisdiction per the Constitution, but they also threaten the only deregulated electrical power generation model in Canada.
Alberta’s grid has been unique in the nation since 1996 when Premier Ralph Klein implemented the Electric Utilities Act and invited private investment into the electricity generation market.
Guilbeault’s push to impose federal regulations on the provincial electrical grid may be motivated by economic ideology as much as environmental. The federal government will never be able to fully control the country’s electricity capacity and costs if a province stubbornly holds out with a free-market system.
Seventeen firms supply electricity to the Alberta grid. The Alberta Electric System Operator manages the Power Pool, which is a centralized market for electricity sales and purchases in the province. There is a convoluted and highly regulated path for electricity to get from the power plant to a resident’s home. The generation of that power remains in the private sector though, which is now threatened through Ottawa’s planned regulations.
Reliability is a critical component in an electrical grid. Consumers don’t care how cost-effective or environmentally friendly a source of electricity is if it isn’t available when they need it. In harsh climates such as Canada’s, an unreliable electrical grid can be outright dangerous as people could lose heat during a cold snap. Wind and solar power sources are becoming more economically viable all the time—even if by taxpayer- or ratepayer-backed subsidies—but those sources are still hampered by unreliability. If the sun doesn’t shine or the wind doesn’t blow, they don’t generate energy.
Guilbeault has recognized the need for backup power generation and has said gas-fired power plants would be allowed to remain in operation, but could only operate for 450 hours per year. That is a ridiculous limitation, and it of course would render gas-fired power plants economically unviable.
If Premier Danielle Smith were to bend and comply with federal regulations, Alberta would have to either heavily subsidize gas-fired power plants to sit on standby, or the province would have to start building government-owned plants to fill the void. In either case, it would mean more infringement on the free-market system Alberta has enjoyed for decades—a happy side effect of the environmental regulations even if it wasn’t intentional, as far as people on the ideological left are concerned.
The proposed guidelines from the federal government would turn Alberta’s electricity generation and distribution system on its ear. It would require massive market intervention from the government and a restructuring of the entire system. It’s of little wonder Smith is so vehemently opposed to the plan.
Constitutionally entrenched provincial authority over electricity generation is not a matter of opinion or interpretation. It’s clear that Ottawa is overstepping its authority in regulating power generation.
This battle is just beginning, and it’s about more than just claims of stopping climate change.







