Ontario Government Files Arguments In Federal Carbon Pricing Challenge

The Ontario government recently filed a factum setting out its argument against the federal government's carbon pricing legislation as unconstitutional. The factum expands on the arguments outlined in the statement of particulars previously filed by the Attorney General of Ontario: (1) that putting a price on greenhouse gas emissions does not fall within the federal government's jurisdiction as set out in the Constitution Act, 1867; and (2) that the federal carbon pricing legislation imposes unconstitutional taxes contrary to the Constitution Act, 1867.

In its factum, the Ontario government agrees with the federal government's assertion in the Greenhouse Gas Pollution Pricing Act, that climate change is real and that human activities are a major cause. The Ontario government also agrees that proactive action is needed to address the disruptive effect of climate change. The Ontario government disagrees that pricing carbon is an appropriate way to combat climate change