Building a Green Prairie Economy Act: A Framework for Interjurisdictional Cooperation, Economic Development, and Green Innovation?

Anne Campbell

The impacts of climate change and economic growth permeate throughout numerous aspects of Canadians’ lives. However, when addressing large-scale policy priorities, such as climate change and economic growth, the environment is ripe for jurisdictional tension. This blog explores whether the recent federal Building a Green Prairie Economy Act, which focuses specifically on Prairie provinces, could serve as a model for promoting green economic development and inter-jurisdictional cooperation within federal systems.

The Building a Green Prairie Economy Act (BGPEA) received royal assent on December 15, 2022.[1] The BGPEA aims to promote the growth of the green economy in the Prairies by facilitating cooperation between local, provincial, and federal stakeholders. It tasks the Government with developing a framework to “coordinate local cooperation and engagement in the implementation of federal programs across various sectors, with the objective of building a green economy in the Prairie provinces.”[2] Throughout 2023, the Government will conduct consultations with representatives from provincial governments, Indigenous governing bodies, and the private sector to build a framework that focuses on “economic sustainability and growth and employment in the Prairie provinces” as they relate to transportation, job creation, and green project development.[3] The proposed framework will be tabled in the House of Commons, and the Government must produce a report within the following two years focused on “the progress and effectiveness of the framework, [and] setting out the Minister’s conclusions and recommendations.”[4]

The Act and its subsequent framework for coordination present a novel approach to addressing green economic growth in Canada, specifically in the Prairies. The Act raises important questions regarding the importance and complexity of inter-jurisdictional coordination, the distinct needs of prairie provinces, and the need for Canadian innovation. In this blog, I explore the possible benefits and weaknesses of the Act to analyze whether the BGPEA could serve as a model for future green economic initiatives.

Spotlight on the Prairies

The BGPEA focuses exclusively on the development of a green economy in the Prairies. The Act holds symbolic and substantive value to the Prairies because it prioritizes the sustainable economic growth of a region that commonly cites feelings of political alienation and decreased political power compared to central Canadian provinces.[5] Feelings of western alienation are commonly rooted in the federal government’s approach to the energy sector in Western provinces, especially Alberta.[6] The legislation’s dual focus on the economy and the green transition is an attempt to bridge concerns related to the changing nature of the energy workforce and the effects of climate change. Despite the uncertainty regarding the implementation of the Act, the BGPEA’s focus on the Prairies demonstrates a potential avenue to prioritize green economic development in the Prairies while promoting inter-jurisdictional cooperation.

Jurisdictional encroachment? 

There is concern amongst some political actors that the Act interferes with provincial jurisdiction and duplicates work already occurring at a provincial level.[7] For example, the Government of Manitoba suggested that the legislation “create(s) unnecessary bureaucracy and a top down approach,” which would adversely affect the province’s ability to achieve a green economy.[8] Specifically, there is concern that the framework will duplicate work already being done at a local and provincial level.[9] The Canadian Association of Petroleum Producers, which represents companies that produce 80% of Canada’s natural gas and oil, acknowledged that provinces are already leading in some of the areas mentioned in the legislation. However, they also stated there is a need to adopt “economy-wide cooperation across sectors” to achieve a green economy.[10] Currently, it is difficult to identify the extent to which the Act will duplicate or delay provincial green initiatives. Yet, the existing criticism of the framework highlights the jurisdictional tension that exists when addressing large scale policy priorities, such as climate change and economic development.

Cooperative federalism and the BGPEA

 The transition towards a green economy will require action in numerous areas of provincial and federal jurisdiction. In recent years, the Supreme Court of Canada has recognized that climate change serves as an “existential challenge” and a “threat to the future of humanity”.[11] It has also recognized that federal and provincial jurisdiction are not "watertight compartments”[12] and there is “legitimate interplay”[13] between them.

Despite stating that it aims to “coordinate local cooperation and engagement in the implementation of federal programs,”[14] the BGPEA touches on areas of both federal[15] and provincial[16] jurisdiction. In practice, besides creating a framework for inter-jurisdictional coordination and producing reports on its effectiveness, the BGPEA does not force the federal government to take action regarding the implementation of programs related to the green economy in the prairies.  

Nevertheless, it will be interesting to see whether the BGPEA fosters cooperative federalism through shared investment and implementation across levels of government or if it will cause further jurisdictional conflict and western alienation. For example, will the prioritization of inter-jurisdictional coordination and cooperation through the framework lead to an increase in cooperative federalism on key green economy projects given stakeholders’ increased role? [17] Or, will the framework be plagued by regional, political, and jurisdictional differences, thus decreasing its long-term effectiveness? Only time will tell how and whether the BGPEA shapes the development of the green economy in the Prairies.

Looking ahead

The BGPEA was introduced as a private Member’s bill by the Hon. Jim Carr, former Minister of Natural Resources and Minister of International Trade Diversification, and former Special Representative for the Prairies.[18] Sadly, three days before the bill received royal assent, Carr passed away from cancer.[19] Though it is too early to tell whether the practical effects of the BGPEA will realize the act’s initial promise, it could serve as a template for climate policy in federal contexts and a learning opportunity for climate-minded legislators around the world. That alone would serve as an important legacy.

Anne Campbell is a 1L BCL/JD student at McGill University’s Faculty of Law. Originally from Winnipeg, Anne completed her BA in Political Science at Western University. Prior to law school, Anne worked in federal politics and research. When not at the faculty, she loves to spend her time outside, trying new local Montréal restaurants with her friends, and enjoying a podcast. Special thanks to James Ashwell for his support in writing this article.

[1] See Building a Green Prairie Economy Act, SC 2022, c 21.

[2] Ibid, s 3(1).

[3] Ibid, s 3(3).

[4] Ibid, s 5.

[5] See Robert Lawson, “Understanding Alienation in Western Canada: Is “Western Alienation” the Problem? Is Senate Reform the Cure?” (2005) 39:2; Loleen Berdahl & Roger Gibbins, Looking West: Regional Transformation and the Future of Canada (Toronto: University of Toronto Press, 2014) at 16.

[6] Berdhal & Gibbins, supra note 7 at 9.

[7] See “Bill C-235, An Act respecting the building of a green economy in the Prairies,” 2nd reading, House of Commons Debates, 44-1, No 41 (4 March 2022) at 1350 (Shannon Stubbs); See also “Bill C-235, An Act respecting the building of a green economy in the Prairies,” 2nd reading, House of Commons Debates, 44-1, No 138 (30 November 2022) at 1805 (Mario Beaulieu).

[8] Letter from Hon. Cliff Cull, MLA, Minister of Economic Development, Investment and Trace, Province of Manitoba to the Standing Committee on Industry and Technology (Canada) (30 November 2022) at 1, online (pdf): Standing Committee on Industry and Technology <ourcommons.ca/Content/Committee/441/INDU/Brief/BR12115520/br-external/CullenCliff-e.pdf> [perma.cc/D4YA-JB9A].

[9] Ibid.

[10] Letter from Johanne Senécal (The Canadian Association of Petroleum Producers) to the Standing Committee on Industry and Technology (Canada) (21 October 2022) at 2, online (pdf): Standing Committee on Industry and Technology <www.ourcommons.ca/Content/Committee/441/INDU/Brief/BR11995512/br-external/Canada'sNaturalOilAndGasProducers-e.pdf > [perma.cc/NLB2-4NXZ].

[11] References re Greenhouse Gas Pollution Pricing Act, 2021 SCC 11 [GHGPPA] at para 167.

[12] Ontario (Attorney General) v OPSEU, [1987] 2 S.C.R. 2 para 27 and GHGPPA, supra note 19 at para 50.

[13] See Canadian Western Bank v Alberta, 2007 SCC 22 at para 36.

[14] Supra note 1, s 3(1).

[15] Constitution Act, 1867 (UK), 30 & 31 Vict, c 3, ss 91, 91(2), 91(24), reprinted in RSC 1985, Appendix II, No 5.

[16] Ibid, ss 92(8), 92(16), 92A.

[17] See also Johanne Poirier, “Taking Aim at Cooperative Federalism: The Long-Gun Registry Decision by the Supreme Court of Canada” (15 April 2015), online: I·CONnect <iconnectblog.com/2015/04/taking-aim-at-cooperative-federalism-the-long-gun-registry-decision-by-the-supreme-court-of-canada/> [perma.cc/H9SM-8KUD].

[18] See Parliament of Canada, “Roles - Hon. Jim Carr: Current and Past” (last visited 27 February 2023), online: House of Commons Canada <www.ourcommons.ca/members/en/jim-carr(89059)/roles> [https://perma.cc/VQ78-3WYN].

[19] Catharine Tunney, “Jim Carr, Manitoba MP and Former Liberal Cabinet Minister, Dies After Battle with Cancer” (12 December 2022), online: CBC < www.cbc.ca/news/politics/jim-carr-death-1.6683004> [perma.cc/J4PM-HTYF].