Ottawa's carbon-pricing law valid, Ontario's top court rules
June 28, 2019
The federal government's carbon pricing scheme is constitutionally sound and has the critical purpose of fighting climate change, Ontario's top court ruled in a split decision released on Friday.
The Greenhouse Gas Pollution Pricing Act, enacted in April, is within Parliament's jurisdiction to legislate in relation to matters of "national concern," Chief Justice George Strathy wrote on behalf of the court.
"Parliament has determined that atmospheric accumulation of greenhouse gases causes climate changes that pose an existential threat to human civilization and the global ecosystem," Strathy said.
"The need for a collective approach to a matter of national concern, and the risk of non-participation by one or more provinces, permits Canada to adopt minimum national standards to reduce [greenhouse gas] emissions."
Ontario argues federal carbon tax is unconstitutional in new legal filing
November 30, 2018
Ontario Files Arguments to Challenge the Federal Government's Carbon Tax
September 14, 2018
Rod Phillips, Minister of Environment, Conservation and Parks, announced that the government has filed a statement with the Court of Appeal summarizing the arguments it will make challenging the constitutionality of the federal government's Greenhouse Gas Pollution Pricing Act.
The province's position in court will be that the federal act imposes an unconstitutional tax on Ontarians because:
• Putting a price on greenhouse gas emissions is not within the power of the federal government. Provinces are capable of regulating greenhouse gas emissions themselves and there is no need to expand the scope of the federal government's powers to allow it to impose a one-size-fits-all federal carbon price. Greenhouse gases are caused by a wide range of activity and are not the kind of single, indivisible matter that the federal government can regulate as a national concern.
• The federal act imposes unconstitutional taxes contrary to Section 53 of the Constitution Act, 1867. The act does not require the funds to be used for the reduction of greenhouse gas emissions. As a result, there is not a sufficient link between the charges and the stated regulatory purpose - reducing greenhouse gases - for the charges to be valid. Accordingly, the charges imposed by the act are unconstitutional, disguised taxes.
Premier Doug Ford and Premier Scott Moe Agree to Fight Federal Carbon Tax
Ontario Press Release
July 19, 2018
Ontario Premier Doug Ford and Saskatchewan Premier Scott Moe released a joint statement today about their discussions at the summer meeting of the Council of the Federation:
"We agreed today to join forces and use every single tool at our disposal to challenge the federal government's authority to arbitrarily impose a carbon tax on the people of Ontario and Saskatchewan.