This week, we are joined by Nancy Southern, Chair & Chief Executive Officer of ATCO Ltd., and Chair & Chief Executive Officer of Canadian Utilities Limited, an ATCO Company. ATCO is a publicly traded company that offers innovative and sustainable solutions to customers in various sectors, such as housing, real estate, energy, water, transportation, and agriculture.

Under Nancy's leadership, ATCO is growing the EnPower division, which focuses on energy transition and includes hydrogen, CCS, water, energy storage, solar, wind, and hydro.

Peter and Jackie asked Nancy: How did ATCO start and what are the business lines today? How do you continue your father's legacy and the corporate culture he established? Tell us about your Alberta hydrogen project and the potential for exporting hydrogen to Asia. Update us on ATCO’s recent final investment decision (FID) on the Atlas Carbon Storage Hub in partnership with Shell. What are your views on the federal government's proposed Clean Electricity Regulations (CER) to achieve net zero electricity by 2035? What is your perspective on Alberta's proposed changes to renewable power development, electricity markets, and transmission costs?

Content referenced in this podcast:

• Canadian Government’s Clean Fuel Regulations Credit Market Report (June 2024)

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This week, on our Calgary Stampede podcast edition, our guest is Avik Dey, President and Chief Executive Officer of Capital Power. Capital Power is a publicly traded North American power producer headquartered in Edmonton, Alberta. Capital Power owns renewable and thermal power generation facilities, totaling over 9 GW of power generation capacity across 32 facilities.

Here are some of the questions Peter and Jackie asked Avik: Is it possible to deliver clean, reliable, and affordable electricity? Does Capital Power currently generate any electricity from coal? Do you expect small modular reactors (SMRs) to be built in Alberta in the future? Texas generates a greater share of its electricity from renewables than Alberta, yet Alberta is hitting the brakes on renewable development – how is Texas managing the increase in renewables, and what can Alberta learn? Are you concerned by the potential for rapid growth in electricity demand to fuel AI data centers in Alberta? Why did Capital Power recently cancel its proposed $2.4 billion Carbon Capture and Storage (CCS) Genesee project in Alberta? Considering the draft Clean Electricity Regulations, would you still invest in new natural gas generation in Canada? Any comments on Quebec’s plan to build and operate large-scale renewable projects in the province versus procuring the power from independent power producers?

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On June 20, 2024, Bill C-59 received Royal Assent and officially became law, implementing its provisions into Canadian legislation. The Bill, along with Bill C-69, which was passed on the same day, introduced new subsidies to encourage investment in clean energy in Canada. Bill C-59 established the Clean Technology Investment Tax Credit and Carbon Capture, Utilization, and Storage Tax Credit. Bill C-69 created the Federal Indigenous Loan Guarantee, the Clean Technology Manufacturing Investment Tax Credit, and the Clean Hydrogen Investment Tax Credit.

However, the positive impact of these new subsidies was overshadowed by the greenwashing regulations added late in the process for Bill C-59. The new greenwashing rules amend the Competition Act to require that claims made by companies about environmental, ecological, or climate change benefits can be verified. Because of the ambiguity of what is needed to comply with the rules, many energy companies have deleted all GHG emissions and other sustainability content from their websites, including annual sustainability reports and commitments to improve environmental performance in the future.

This week on the podcast, our guest, Kaeleigh Kuzma, a Partner at Osler in the Competition, Trade, and Foreign Investment Group, explained the new greenwashing rules.

Here are some of the questions Peter and Jackie asked Kaeleigh: Why is greenwashing included in the Competition Act? Can you explain the provisions? What does “proper substantiation in accordance with internationally recognized methodology” mean? Why are the rules so vague, and what is the process for clarity? Do these rules only affect oil and gas and other heavy-emitting companies, or do they also apply to clean energy companies? What is the process for filing a complaint against a company to the Competition Bureau? What are the methods of enforcement?

Other content referenced in this podcast:

• Osler’s detailed multi-part guide on the Competition Act amendments, with a specific section on deceptive marketing practices and greenwashing, here.
• Text of Bill C-59, see 74.01 (1), including (b.1) and (b.2)
• Form to provide feedback to the Competition Bureau on the amendments to the Act
• Kevin Krausert opinion “Ottawa’s anti-greenwashing bill will cripple cleantech innovation” (June 20, 2024)

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