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ARTICLE · 12 APRIL 2021

The Greenhouse Gas Pollution Pricing Act Is Constitutional – What's Next?

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In Reference re Greenhouse Gas Pollution Pricing Act, a 6-3 majority of the Supreme Court of Canada upheld the Greenhouse Gas Pollution Pricing Act (the GGPPA)

CanadaGovernment, Public Sector
Jodi Wildeman
Jodi Wildeman
Deron Kuski, K.C.
Deron Kuski, K.C.
Andrew Konopelny
Andrew Konopelny
Bennet Misskey
Bennet Misskey
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In Reference re Greenhouse Gas Pollution Pricing Act, a 6-3 majority of the Supreme Court of Canada upheld the Greenhouse Gas Pollution Pricing Act (the GGPPA) as constitutional on the basis of Parliament's authority to legislate on matters of national concern under the peace, order and good government (POGG) power under s. 91 of the Constitution Act, 1867.

Read our earlier blog on this ruling.

This landmark ruling signals a new level of certainty on the future of carbon pricing, which affords industries an opportunity to diversify and minimize their risk by investing in clean energy initiatives.

However, while carbon pricing is likely here to stay, we can draw several key conclusions from the decision that leave open the prospect of future legal challenges in select areas.

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