Now That The Greenhouse Gas Pollution Pricing Act Has Been Determined To Be Constitutionally Valid – What Does It All Mean?

In Reference re Greenhouse Gas Pollution Pricing Act (Decision), a majority of the Supreme Court of Canada (SCC) declared that the federal Greenhouse Gas Pollution Pricing Act (Act) is constitutional. This Bulletin discusses some of the practical impacts of the Decision on Canadian consumers and businesses. For a review of the constitutional analysis undertaken by the SCC, please see our Blakes Bulletin: In Split Decision, Supreme Court of Canada Upholds Federal Greenhouse Gas Pollution Pricing Act.  

HISTORICAL REGULATION OF GHG ISSUES IN CANADA

Several Canadian provinces and territories have had regulatory regimes involving GHG emissions for many years, including Alberta's regime which has been in place since 2007. Those regimes are diverse, ranging from emissions intensity regimes, to carbon taxes or levies, to cap and trade regimes.