Oilsands Companies Can Sue Against Regulation Under NAFTA

U.S. oil companies in Alberta can use NAFTA to sue the Canadian government if any level of government passes a law restricting their profits, says Maude Barlow, a senior advisor to the United Nations.

Barlow, the UN’s official expert on water policy and founder of the non-profit Council of Canadians, says Chapter 11, a relatively obscure clause in the North American Free Trade Agreement (NAFTA) allows companies from member countries to sue national governments for lost profits if any new laws adversely affect their profit. Barlow is especially concerned because of the sheer power of the oilsands economy, which she calls “the biggest capital project in the world.

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