Canada has spoken. A minority Liberal government will return to
Parliament following a federal election that put, perhaps more than
ever, the spotlight on climate change. The federal Greenhouse
Gas Pollution Pricing Act ("GGPPA"),
or, as it is more colloquially known, the "carbon tax",
will live another term.
But, despite the apparent endorsement from voters and the
continued application of the law, its future remains uncertain.
Half of Canada's provinces are opposed to federal jurisdiction
over greenhouse gases ("GHGs"), and have
asserted their own jurisdiction over GHG emissions in two ways.
First, many provinces have issued their own climate change plans,
some of which bear a striking resemblance to the GGPPA itself,
and some of which, if passed into legislation, allow these
provinces to exert their own jurisdiction on carbon pricing.
Second, four provinces have launched court challenges of the GGPPA, none of
which have yet been successful but two of which have