Government of Canada response to Ontario court challenge

What is the court challenge all about?

Greenhouse gas emissions are a matter of national concern. Carbon pollution knows no borders. Failure by one province to reduce greenhouse gas emissions will harm the rest of the country.

In June 2018, the Greenhouse Gas Pollution Pricing Act (the Act) became law, ensuring that, throughout Canada, it will no longer be free to pollute. The purpose of a carbon pricing mechanism is to drive down greenhouse gas emissions that cause climate change.

The Province of Ontario is requesting that the Ontario Court of Appeal consider whether the Parliament of Canada has the constitutional authority to pass the Act.

Canada’s position is that the Act is constitutional, and that Parliament has authority to implement the Act for the peace, order, and good government of Canada under s.91 of the Constitution Act, 1867.

What is today’s hearing about?

People and organizations across Canada are asking the Ontario Court of Appeal to consider their perspectives. Courts give outside parties permission to participate as intervenors if they provide perspectives that assist the Court in resolving the underlying legal issues at hand.  Whereas provincial and territorial governments do not require permission of the Court to intervene, Courts may give permission to non-parties if what they bring forward may usefully contribute in resolving legal questions, and that their participation will not cause injustice to other parties.

What does the Act do?

The Greenhouse Gas Pollution Pricing Act implements a central component of Canada’s climate plan, the Pan Canadian Framework on Clean Growth and Climate Change, a commitment to ensuring it is no longer free to pollute throughout the country by implementing a pricing mechanism on greenhouse gas emissions.

Canada worked with provinces and territories for a year to put a price on carbon pollution across the country. The Greenhouse Gas Pollution Pricing Act implements a carbon pollution pricing system as a backstop in all provinces and territories that either have no carbon pricing system, or a system that does not meet the federal benchmark.

More information about the federal carbon pollution pricing system is available on the Clean Growth and Climate Change page.

What is the Pan-Canadian Framework on Clean Growth and Climate Change?

The Pan-Canadian Framework (PCF) is the national climate plan. It includes commitments by federal, provincial, and territorial governments. It is the country’s overarching framework to reduce greenhouse gas emissions across all sectors of the economy, grow the economy, and build resilience to the impacts of climate change.  All provinces and territories have joined Canada’s climate plan except Saskatchewan.

More information on the plan is available on the Pan-Canadian Framework on Clean Growth and Climate Change page.

Next Steps

After today’s hearing, the Ontario Court of Appeal will decide which persons and organizations will be granted permission to participate at the Reference hearing.

The hearing for the Reference is set for April 15 - 18, 2019.

A copy of Canada’s factum in the Saskatchewan Reference is available from Media Relations upon request.