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ARTICLE · 11 MARCH 2021

Canada Issues Proposed Federal Greenhouse Gas (GHG) Offset Regulations

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On March 6, 2021, Canada published the Greenhouse Gas Offset Credit System Regulations (Canada) (Offset Regulations).

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On March 6, 2021, Canada published the Greenhouse Gas Offset Credit System Regulations (Canada) (Offset Regulations). The Offset Regulations are subject to public input and comment for 60 days until May 5, 2021, with final enactment targeted for the fall of 2021.

WHAT ARE THE OFFSET REGULATIONS?

The Offset Regulations provide the basis for the federal offset credits (Offset Credits) regime under the Greenhouse Gas Pollution Pricing Act (GGPPA).

By way of quick recap, the GGPPA describes Canada's federal carbon pollution pricing system. Although the federal regime is subject to an ongoing constitutional challenge before the Supreme Court of Canada (see our February 2020 Blakes Bulletin: Court of Appeal of Alberta Declares Federal Greenhouse Gas Pollution Pricing Act Unconstitutional) (SCC Reference),  the federal government has released the Offset Regulations on the assumption the constitutional validity of the GGPPA will be upheld.

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