12 Climate Change

A good place to understanding climate change regulations in Canada begins with the constitution, which was not very clear on environmental issues in the first place, creating potential for overlapping jurisdictions.  When an environmental issue like climate change occurs, it becomes complicated as it is global in nature (federal) but also related to the consumption of resources (provincial).  So often legislators at all levels muddle along and Canada gets a hopscotch approach to environmental regulations.  The following is a sketch of Canada’s climate change regulations. It is not complete.

Pan-Canadian Framework on Clean Growth and Climate Change

The Pan-Canadian Framework on Clean Growth and Climate Change (the Framework) is intended as a pathway for both the provincial governments and the federal government to meet the requirement of a Nationally Determined Contribution (NDC) that is required for the Paris Agreement.  The CCME is nominally the author of this work that outlines an agreed upon path for managing growth and climate change in Canada (Canada, 2022)

The document describes “pillars of action” as the following (Canada, 2022):

• Reduce emissions
• Adaptation to climate changes
• Build resilience
• Accelerate innovation
• Create clean technology
• Create jobs

A key element of the plan is carbon pricing to reduce consumption.  Other elements of the framework are included in the National Determined Contribution chapter.

Pan Territorial Adaption Strategies

To review the list of regulations across Canada, is an endurance run. Not a marathon, more of an ultimate marathon thing.  To understand how Canada regulates greenhouse gases and climate change implications will be vitally important if Canada is to meet its commitment and if the planet has a hope of limiting temperature increase to 2 degrees C.  As we undertake the journey, we also will find many jurisdictions that have climate change policies and plans that have not become regulations yet.  This makes defining what Canada is doing even harder.

Continuing the theme of Canada as a federation, climate change is a shared responsibility to regulate.  Actions can be taken by each level as appropriate to their authorities.  For example Canada’s three territories, Yukon, Northwest Territories and Nunavut have concerns with thawing permafrost and are studying options for mitigation.  But how do you regulate that?

Canadian Climate Regulations

Climate change is a dynamic component of Canada’s environmental regulatory system.  Rules and regulations are in a state of flux, sometimes driven by political issues, elections and international pressure.  The following is not a complete rendition of applicable climate laws in Canada as the list is long and changing.  This later point reminds us that it is always vital to check your regulatory regime for the latest versions.

Federal

There are many acts that now have a greenhouse gas component to their language.  Acts like the Impact Assessment Act have significant requirements for what must be included in an environment assessment.   The following three acts are possibly the most important ones that have dedicated rules.

Canadian Net-Zero Emissions Accountability Act, S.C. 2021, c. 22

The purpose of the Canadian Net-Zero Emissions Accountability Act, S.C. 2021, c. 22 is to align Canada’s commitment to the Paris Agreement with its internal actions.  It commits Canada to working towards net zero emissions by 2050.  Additionally it establishes interim target years for 2030, 2035, 2040 and 2045 (Canadian Net-Zero Emissions Accountability Act, 2021, s2,4)

Greenhouse Gas Pollution Pricing Act (S.C. 2018, c. 12, s. 186)

The Greenhouse Gas Pollution Pricing Act is the federal governments mechanism for attaching a fee to the emissions of greenhouse gases.  Some of the fee is returned to lower income taxpayers as a rebate. The act also allows the provinces to have an equivalent program.  If a province elects to setup an  equivalent carbon fee, they get to chose how the fee well be spent.

Several provinces tested the constitutionality of the act, and the supreme court agreed the act was valid.

Canadian Environmental Protection Act, 1999 (S.C. 1999, c. 33)

The Canadian Environmental Protection Act, 1999 (CEPA) establishes authorities for the federal government to regulate aspects of the environment considered in the scope of the act.  For climate change there are several regulations written under the act.  They include:

• Reduction in the Release of Methane and Certain Volatile Organic Compounds (Upstream Oil and Gas Sector) Do Not Apply in Alberta, Order Declaring that the, Provisions of the Regulations Respecting, SOR/2020-233
• Carbon Dioxide Emissions from Natural Gas-fired Generation of Electricity, Regulations Limiting, SOR/2018-261
• Heavy-duty Vehicle and Engine Greenhouse Gas Emission Regulations, SOR/2013-24
• Reduction in the Release of Methane and Certain Volatile Organic Compounds (Upstream Oil and Gas Sector), Regulations Respecting [Not in force], SOR/2018-66
• Provisions of the Regulations Respecting Reduction in the Release of Methane and Certain Volatile Organic Compounds (Upstream Oil and Gas Sector) Do Not Apply in British Columbia, Order Declaring that the, SOR/2020-60
• Reduction in the Release of Volatile Organic Compounds Regulations (Petroleum Sector), SOR/2020-231
• Reduction of Carbon Dioxide Emissions from Coal-fired Generation of Electricity Regulations, SOR/2012-167
• Reduction of Carbon Dioxide Emissions from Coal-fired Generation of Electricity Regulations do not apply in Nova Scotia, Order Declaring that the, SOR/2014-265
• Provisions of the Regulations Respecting Reduction in the Release of Methane and Certain Volatile Organic Compounds (Upstream Oil and Gas Sector) Do Not Apply in Saskatchewan, Order Declaring that the, SOR/2020-234

An interesting element about this list is that for several federal regulations, the federal government has excepted a province from the rule because they have an equivalent regulations.

British Columbia

British Columbia is an appropriate place to start the cross Canada journey of climate laws.  It has a set of climate laws that, in the authors opinion, most closely aligns with the national commitment.  British Columbia’s emissions have dropped from 2005 of 63.6 Mt to 61.7 Mt in 2020, about a 3% improvement (Canada, 2022). British Columbia operates its own carbon pricing scheme (Thurton, 2022).  The following is a sampling of the active British Columbia carbon related regulations.

Carbon Tax Act (SBC 2008)

The Carbon Tax Act allows the BC government to place a tax on carbon rising to $50 in 2022.  The act has tables for various fuels and one example gasoline in 2022 will be taxed at $can 0.1105 per litre (Carbon Tax Act, SBC 2008, Schedule 1).  The Act also has a regulation that creates the details of the Tax.

Climate Change Accountability Act, SBC 2007, c 42

The Climate Change Accountability Act  which was formerly the Greenhouse Gas Reduction Targets Act allows BC to create targets for reducing greenhouse gas emissions by certain dates.  Current as of February 20022, the targets are:

• 16% below 2007 levels by 2025
• 40% by 2030
• 60% by 2040
• 80% by 2050

The Climate Change Accountability Act has a regulation under it called the Carbon Neutral Government Regulation Reg. 392/2008.  This regulation establishes that public sector organizations need to report CO2eq emissions and establishes the CO2eq standards.

Environmental Management Act (SBC 2003, c.53)

The Environmental Management Act establishes several provisions including setting emissions standards and manage emissions from waste management facilities.  There is a Landfill Gas Management Regulation to detail the later provision.

Greenhouse Gas Industrial Reporting and Control Act (SBC 2014, c. 29)

The Greenhouse Gas Industrial Reporting and Control Act provides direction to greenhouse gas reporting by Industry.  It provides for various punishments, but a maximum of $500,000 fine for supplying false information (Greenhouse Gas Industrial Reporting and Control Act (SBC 2014, c. 29, s.1).

The Oil and Gas Activities Act (SBC 2008, c. 36)

The Oil and Gas Activities Act   allows private citizens to launch a complaint about methane emissions.  The act enables regulations to be written including the Drilling and Production Regulation BC Reg 282/2010 which further regulates fugitive emissions.  The federal government has agree BC regulations for methane are equivelant to the federal regulations (ECCC, 2021)

Zero Emissions Vehicle Act (SBC 2019 c.29)

The Zero Emissions Vehicle (ZEV) Act regulates auto makers to have an increasing share of ZEV (Zero Emission Vehicles).   Targets include (BC, n.d.):

• 10% of light duty vehicles by 2025
• 30% by 2030
• 100% by 2040

Clean Energy Act (SBC 2010, c. 22)

The Clean Energy Act sets the expectations BC has to have clean energy including clean electricity.  Among other targets this sets the province to generate at least 93% of its electrical energy from clean or renewable resources and to be a net exporter of clean or renewable electricity (Clean Energy Act SBC 2010, c. 22, s2(c))

BC Building Code

The code has energy efficiency standards for new buildings. One provision that communities can adopt is a requirement for new homes to be solar water heating ready.  BC offers access to the code without charge. (BC, n.d.).  Another feature is the provision that communities can adopt the BC Energy Step Code for use in their jurisdiction.

The BC Energy Step Code

This is a voluntary standard for communities to adopt for new building regulations as an add on the building code.  It sets performance standards (BC Step Code, 2021).

Vancouver Building Bylaw

Vancouver has its own bylaw that extends the building codes efficiency requirements (Vancouver, 2022).  The bylaw sets expectations for higher efficiency and also sets a cap on greenhouse gas emissions from large homes (Vancouver, 2022).

Summary

B.C. has an integrated series of acts and regulations aimed at reducing greenhouse gas emissions in the province.   From an editorial point of view, the author believes their targets and regulatory provisions are largely consistent with federal plans for greenhouse gas reductions.

Alberta

Alberta has not set an absolute reduction in emissions. Alberta’s emissions have increased from 2005 of 237 Mt to 256 Mt in 2020, about an 8% increase in emissions (Canada, 2022).  Alberta has opted to use the federal carbon backstop carbon pricing (Thurton, 2022).  Alberta has a web site on climate change.  Alberta has set several targets for emissions but no overall greenhouse gas reduction goals have been established.

Emissions Management and Climate Resilience Act, SA 2003, c E-7.8

The Emissions and Climate Resilience act sets targets referenced to Gross Domestic Product which is not in the same format as either the IPCC format or Canada’s.  The act establishes reporting concepts and also establishes a fund. It authorizes 7 regulations, one is currently rescinded.  Two of the regulations are the Carbon Competitiveness Incentive Regulation, Alta Reg 255/2017 and the Renewable Fuels Standard Regulation, Alta Reg 29/2010.  The later establishes a 5% minimum content for alcohol to be in the gasoline that has a renewable label.  A third important regulation under the act is the Technology Innovation and Emissions Reduction Regulation, Alta Reg 133/2019.  This regulations has an extensive set of guides to help entities navigate the regulation.

Oil Sands Emissions Limit Act, SA 2016, c O-7.5

The Oil Sands Emissions Limit act defines an upper cap on emissions from the oil sands.  In practice this allows significant expansion of the oil sands and does require lowering of emissions.

Methane Emission Reduction Regulation, Alta Reg 244/201

This regulation is written under the authority of the Alberta Environmental Protection and Enhancement Act.  It also authorizes the Alberta Energy Regulator to write methane reduction regulations.

Saskatchewan

Saskatchewan has many rules and regulations pertaining to greenhouse gases and climate change.  They have an extensive guide on their plans which was developed in 2018, before the federal commitments were updated in 2021 (Saskatchewan, n.d.).  In 2020, Saskatchewan’s GHG inventory was 65.9 Mt (Saskatchewan, n.d.) and in 2005 its inventory was 70.3 Mt (Canada, 2022) for an 8% improved reduction of emissions compared to Canada’s target of 40 to 45% by 2030.  Saskatchewan has opted into the federal backstop carbon pricing system (Thurton, 2022).  The following are some of Saskatchewan’s GHG related regulations.

The Environmental Management and Protection Act, 2010, SS 2010, c E-10.22

The Environmental Management and Protection Act provides general authorities to the minister of the environment.  The authorities cover environmental state of reports, waste management, beverage deposits, spills, air quality, and other environmental concerns.  The act has 16 regulations written under it (Canlii, 2022).  It explicitly excludes Greenhouse gases.

An Act respecting the Management and Reduction of Greenhouse Gases and Adaptation to Climate Change, SS 2010, c M-2.01,

The Saskatchewan Management and Reduction of Greenhouse Gases and Adaptation to Climate Change act establishes authorities for reporting and reduction from selected industries.  In 2018 several provisions were removed from the act. The act has a number of regulations written with its authorization.

The Management and Reduction of Greenhouse Gasses (General and Reporting) Regulation

This regulation exists by authority of the Management and Reduction of Greenhouses act.  It provides details on greenhouse gas reduction. This is considered an output based pricing system.  It covers large emitters, but does not cover consumers.  It has been deemed only partially equivalent to the federal regulation on pricing and therefore parts of the federal act apply in Saskatchewan (Osler, n.d.).

Management and Reduction of Greenhouse Gases (Standards and Compliance) Regulations, M-2.01 Reg 3

This regulation establishes general rules and compliance details for the empowering Saskatchewan Management and Reduction of Greenhouse Gases and Adaptation to Climate Change act.

The Management and Reduction of Greenhouse Gases (Baselines, Returns and Verification) Standard

This standard establishes details  for completing baseline inventories, annual returns and how they should be verified for the empowering Saskatchewan Management and Reduction of Greenhouse Gases and Adaptation to Climate Change act.

Management and Reduction of Greenhouse Gases (Reporting and General) Regulations, M-2.01 Reg 2

This regulation establishes details  for completing baseline inventories, annual returns and how they should be verified for the empowering Saskatchewan Management and Reduction of Greenhouse Gases and Adaptation to Climate Change act.

Canada-Saskatchewan – Equivalency Agreement

The Canada-Saskatchewan equivalency agreement on coal was developed for greenhouse gas emissions.  The agreement means the detailed control of the emissions is under Saskatchewan rules rather than the federal regulation.

The equivalency agreement on coal sets the reduction targets as follows:

• 26 – 30% by December 31, 2021, and
• 30 – 34% by December 31, 2024, and
• 34 – 40% by December 31, 2027, and
• 40 – 50% by December 31, 2030

Manitoba

Manitoba has developed a “Made in Manitoba” strategy as their approach to climate change (Manitoba, 2017).  In their strategy Manitoba has articulated a goal of “Manitoba will be Canada’s cleanest, greenest and most climate resilient province.” (Manitoba, 2017, p5).  As with many strategies, the Manitoba strategy uses a pillar approach to construction.  The pillars include; climate, jobs, water, nature (Manitoba, 2017).

The Manitoba government developed a carbon pricing plan as part of the plan, but it was found not to be equivalent to the federal plan.  In Manitoba the federal carbon pricing plan is used (Osler, 2021).  Manitoba’s 2005 inventory was 20.5 Mt compared to 2020 inventory of 21.7 Mt (Canada, 2022) for an improvement of about 6%.  This compares to the Canada target of 40 to 45% reduction by 2030.  The following are some regulatory highlights:

The Climate and Green Plan Implementation Act, CCSM c C134

The Climate and Green Plan Implementation act establishes a number of climate related provisions.  The act require the Manitoba government to set five year plans with reduction targets for the five year plan (The Climate and Green Plan Implementation Act, 2018).  This approach is different from other provincial approaches where targets are set, they will mirror the federal schedule of targets.  The current five year plan expires in 2022.  The act then requires the responsible minister to develop a report annually on the progress made on the plan.  The act also allows for the appointment of an Expert Advisory Panel.  The act also establishes a made in Manitoba climate and green fund.  The act has authorized one regulations. Sustainability Guidelines for Local Governments, School Divisions, Universities, Colleges and Regional Health Authorities Regulation, Man Reg 4/2004. This regulation sets guidelines for local governments and other entities responsible to the provincial government.

Ontario

In 2022, Ontario stated it had achieved 22% below 2005 levels of CO₂ equivalent emissions.  According to Canada’s latest inventory reports that 2020 levels of 204.4 Mt were compared to 149.6 Mt for 2005 for an improvement of about 26% (Canada, 2022).  Ontario’s plan is outlined in its Preserving and Protecting our Environment for Future Generations A Made-in-Ontario Environment Plan.  Ontario exists under the federal backstop for carbon pricing (Thurton, 2022).  Some of the Ontario regulatory initiatives include:

Greener Gasoline – Bio-Based Content Requirements for Gasoline, O Reg 535/05 – Repealed 2021

The intent of the greener gasoline law was to meet the NDC commitment to reduce the carbon content of gasoline.  It was repealed in 2021 by the Ontario government.

Greenhouse Gas Emissions Performance Standards, O Reg 241/19

This regulation is written under the authority of the Ontario Environmental Protection Act., this regulation sets greenhouse gas limits for entities that must be registered and procedures to register.  This regulation will eventually take of the carbon pricing element for industries.  However, the fuel component of carbon pricing will continue to be regulated by the federal carbon pricing act.

Quebec

Quebec has had several climate related initiatives for nearly a decade.  The longest standing initiative is the cap-and-trade market with California.  Quebec has seen an approximate 12% decrease in GHG emissions from 2005 of 86.3 Mt to 2020 and 76.2 Mt.  Quebec manages greenhouse gases under its Environment Quality Act, CQLR c Q-2, which has a stated goal of reducing emissions of greenhouse gases.   Quebec has its own carbon pricing scheme that is considered equivalent to the federal system (Thurton, 2022). Quebec has some further acts and regulations that manage climate change:

Act respecting the Ministère du Développement durable, de l’Environnement et des Parcs, CQLR c M-30.001

This act creates the authorities for the Ministère du Développement durable, de l’Environnement et des Parcs to plan and enforce Quebec’s ambitions to reduce emissions of greenhouse gases.

Regulation respecting mandatory reporting of certain emissions of contaminants into the atmosphere, CQLR c Q-2, r 15

This regulation is also enabled under the Environmental Protection Act.  It requires reporting of various emissions including greenhouse gases.  The regulations set out the reportable gases and also the global warming potential of each gas.  As a reference methane is still listed as 25, which is from the fourth IPCC report.

Regulation respecting a cap-and-trade system for greenhouse gas emission allowances, CQLR c Q-2, r 46.

The cap-and-trade system has been operational in Quebec since 2014 and is authorized by the Environmental Quality Act. It covers the industrial sector and covers as much as 8% of Quebec’s GHG emissions.  It is open to brokers and traders as well.  It also allows for trades with California’s cap and trade system.

An Act mainly to ensure effective governance of the fight against climate change and to promote electrification, SQ 2020, c 19

This act, formerly called Bill 44, came into effect in October 2020 is to “ensure effective governance of the fight against climate change and to promote electrification.” The 2030 Plan for a Green Economy plans several steps to reach targets of:

• 37.5% of 1990 levels by 2030
• Net zero by 2050

Regulation respecting mandatory reporting of certain emissions of contaminates into the atmosphere. The purpose is to require reporting of emissions of acidic pollutants, greenhouse gases, and other toxics. The regulation is updated annual to confirm reporting requirement details.

The act also allow an Advisory Committee on Climate Change to be established under the authority of the minister of environment.  This is intended as a standing committee to provide independent advice to the minister of environment (Quebec, 2023)

This act supports the goal of more zero emission vehicles (ZEVs).  It requires any manufacturer who sells or leases more than 4500 vehicles in Quebec for three years to participate in the ZEV standard scheme.

Regulation respecting the application of the Act to increase the number of zero-emission motor vehicles in Québec in order to reduce greenhouse gas and other pollutant emissions, CQLR c A-33.02

This regulation was in effect in 2018 but is now in consultation for changes.   The goal of the standard is to increase the number of ZEVs in Quebec.  It requires manufacturers to participate in a credit system and is authorized by the similarly named act..

New Brunswick

New Brunswick has first developed a five year plan in 2016 to address climate issues.  The five year period was completed in 2022 and an update report as well as the next five year plan (Our Pathway Towards Decarbonization and Climate Resilience New Brunswick Climate Change Action Plan) were produced.  The review discussed some 118 initiatives that the government planned.  They reported that many of the commitments were completed.  The government has committed to ending coal fired electricity generation and government carbon neutrality by 2030. New Brunswick has also committed to net zero by 2050.  New Brunswick has its own carbon pricing scheme that is accepted as equivalent (Thurton, 2022).

New Brunswick mean annual temperature has increased by 1.1 C over the past 30 years (New Brunswick, n.d.).  New Brunswick’s emissions have dropped from 19.8 Mt in 2005 to 12.4 Mt in 2020.  This represents an approximate 37% reduction in greenhouse gas emissions. Their regulatory efforts include:

Climate Change Act, SNB 2018, c 11

The Climate Change Act was passed in 2018 and enacts several of the initiatives included in the five year plan including targets.  It should be noted the target for 2050 has since been changed to net zero, and the act has not been changed yet.  The act establishes a climate change fund, and authorities for collecting fuel taxes.  New Brunswick’s carbon pricing has been deemed equivalent to the federal carbon pricing.

An Act to Amend the Climate Change Act, SNB 2020, c 3

This act appears to be an update to the previous act.  A little clumsy to read and understand, it adds to the original in several areas.  No regulations have been written against this act or the preceding act.

Clean Environment Act, RSNB 1973, c C-6

The Clean Environment Act is New Brunswick’s omnibus environmental regulation.  However, it has not mention of climate, CO₂ or greenhouse gases in its text.  So it is not of primary importance in understanding the regulatory environment in New Brunswick of climate change related regulations.

Nova Scotia

Nova Scotia’s emissions have dropped from 2005 of 23 Mt to 14.6 Mt in 2020, about a 37% reduction (Canada, 2022).  It outlines it approach to climate change in its website on the topic. From a lay perspective regulation on climate change in Nova Scotia is a bit confusing with a very recent Bill 57.  It is speculated that Nova Scotia will use the backstop federal carbon pricing in July 2023 (Thurton, 2022). Nova Scotia from their website includes the following goals that have been copied and abbreviated here as (Nova Scotia, 2021):

• reduce emissions to at least 53 per cent below the levels that were emitted in 2005 by 2030;
• net zero by 2050
• 80% energy to be supplied by renewable energy by 2030
• 30% of (thought to be new vehicles) vehicle sales by 2030 to be zero-emission vehicles
• conserve at least 20% of total land and water mass.  Perhaps mass is used instead of area.
• modernize the environmental assessment process;
• solid waste disposal rates lowered to 300 kilograms per person per year or better by 2030.
• Given the scope of goals, it is likely that Nova Scotia will implement more regulations on climate change.

Environmental Goals and Sustainable Prosperity Act, SNS 2007, c 7

This Environmental Goals and Sustainable Prosperity Act is current but may have been replaced by a very similar sounding act called the Environmental Goals and Climate Change Reduction Act, SNS 2021, c20.  The later act was introduced to the legislature in 2021 and is consistent with the current Nova Scotia commitments on climate change.  An interesting component of the later act is the incorporation of several Mi’kmaq words and definitions of them.

Environment Act, SNS 1994-95, c 1

The Nova Scotia Environmental Act is the main environmental act of the province.  It provides the authority to regulate water works, environmental assessments, approvals for works, pesticides and drinking water among other items.  It has authorized 99 regulations with several currently rescinded.  For climate change they have one regulation; Regulations Respecting Greenhouse Gas Emissions, NS Reg 260/2009 that details the greenhouse gases and emissions caps.    The act also authorizes a cap and trade greenhouses gas program under the regulation; Cap and Trade Program Regulations, NS Reg 194/2018

Prince Edward Island

Prince Edward Island’s emissions have dropped from 2005 of 1.9 Mt to 1.6 Mt in 2020, about a 15% improvement in performance (Canada, 2022).  Prince Edward Island has published a Climate Change Action Plan for the years 2018 to 2023.  They have made several commitments including;

• emissions 30% below 2005 levels by 2030
• encourage practices that increase carbon sequestration
• net zero by 2040
• 2030 target: Net Zero Energy

The ambitious program includes many elements.  It could be anticipated that elements of the program will eventually backed by legislation. It is speculated that PEI will use the backstop federal carbon pricing in July 2023 (Thurton, 2022)

Net-zero Carbon Act, RSPEI 1988, c N-3.01

The Net Zero Carbon Act also includes definitions of Mi’kmaq words that are used in the act.  The act requires the minister responsible to prepare reports on the status of the progress towards net zero.  It also, requires periodic assessments of climate risk as would be appropriate for an island province as small as Prince Edward Island.  Regulations have not been authored under this act in 2022.

Newfoundland and Labrador

Newfoundland and Labrador’s (NL) emissions have dropped from 2005 of 10.5 Mt to 9.5 Mt in 2020, about a 10% improvement in performance (Canada, 2022).  Newfoundland publishes a climate change plan called The Way Forward on Climate Change in Newfoundland and Labrador. In the plan a goal for greenhouse gas reductions is articulated as 30% reduction of 2005 greenhouse gas levels by 2030 (NL, n.d.).  The plan also calls for a local NL specific carbon pricing there has been recent speculation that the federal backstop program will be adopted (Thorne, 2022).

Management of Greenhouse Gas Act, SNL 2016, c M-1.001

The Management of Greenhouse Gases act is designed for industrial facilities.  It sets a threshold for participation but allows for facilities to opt-in.  One interesting aspect of the is the reference to Innu rights in a final settlement agreement.  The act has authorized 5 regulations which include the Management of Greenhouse Gas Regulations, NLR 116/18 and also the Management of Greenhouse Gas Reporting Regulations, NLR 14/17.

Nunavut

The legal authorities of Nunavut have been devolved from the Federal authorities.  Some federal rules apply in some locations, but devolution has created a local focus. With respect to the carbon pricing Nunavut does not have its own pricing system and so the federal pricing system is in place. Nunavut’s emissions have increased from 2005 of 0.58 Mt to 0.60 Mt in 2020, about a 6% decrease in performance (Canada, 2022).  Nunavut has created a Climate Change Secretariat.  It also has a strategy in place Climate Change Impacts and Adaptation in Nunavut.  Neither document appears to set targets for greenhouse gas reductions, nor does it appear regulatory intervention is anticipated.

Northwest Territories

The legal authorities of the Northwest Territories (NWT) have been devolved from the federal authorities.  Some federal rules apply in some locations, but devolution has created a local focus.  NWT’s emissions have dropped from 2005 of 1.7 Mt to 1.4 Mt in 2020, about a 14% improvement in performance (Canada, 2022).  The NWT has its own carbon pricing system (Thurton, 2022).

The NWT has created a 2030 NWT Climate Change Strategic Framework with 2019-2023 Action Plan.  The framework outlines several reduction strategies including the Carbon Tax and a commitment to consider climate change in new or revisions of regulations (NWT. n.d.). The NWT also has an energy strategy in addition to the climate change strategy to lower carbon content overall of fuels (NWT, n.d.).

Petroleum Products Tax Act, RSNWT 1988, c P-5

This act introduces the carbon pricing system to the NWT.   The final target is $50 per tonne in 2022.

Yukon

The legal authorities of the Yukon have been devolved from the Federal authorities.  Some federal rules apply in some locations, but devolution has created a local focus.  With respect to the carbon pricing the Yukon does not have its own pricing system and so the federal pricing system is in place. Yukon’s emissions have increased from 2005 of 0.58 Mt to 0.60 Mt in 2020, about a 3% decrease in performance (Canada, 2022).  The Yukon has written a strategy published in 2020.  It has a target of 30 per cent lower than they were in 2010 by 2030.  This target may be usurped by the Clean Energy Act.  The strategy has many elements and the Clean Energy Act could be the first of legislated actions.

Clean Energy Act

The Yukon has completed public consultation on this proposed act. The Yukon tabled the act as Bill No. 17 in the legislature in November 2022 and at the time of writing (2022) is not law.  The act would set the Yukon’s targets for net zero by 2050.

Section Summary

Most provinces and territories have had plans in place and supporting regulations for several years, from at least the date of the first pan-Canadian plan.  The 2020 emissions are somewhat ambiguous because of the impact that COVID-19 had on the economy and life in general.  But the summary table (Canada, 2022) presented shows that some jurisdiction are well on their way, others have in fact lost way and some are stagnant in achieving reductions of emissions.

In terms of regulations, again some jurisdictions are well on their way, others less so.

With ten years to go to meet the 2030 Canada goal of 40 to 45% reduction of greenhouse gases from the last inventory of 2020, the overall total of 9% achieved leaves a lot of work to be done.

Learning Questions

1) What makes some of Newfoundlands and Labradors laws unique in the provinces?

2) Why do you think that some provinces have not developed their own carbon pricing to retain control of revenues?

3) Is there any correlation between carbon pricing and success of carbon reduction?  How would you go about trying to demonstrate a relationship?

References

The reference section takes a detour from standard approaches by organizing references on an alphabetical basis.  The information in this section is referenced from the Framework document. (On Clean Growth and Climate Change, n.d.-b) retrieved from  https://www.canada.ca/en/services/environment/weather/climatechange/pan-canadian-framework.html

Data of Canada’s emissions is from:

Canada. (2022). National inventory report 1990 –2020: greenhouse gas sources and sinks in Canada: Canada’s submission to the United Nations framework convention on climate change. Retrieved from  https://publications.gc.ca/collections/collection_2022/eccc/En81-4-2020-3-eng.pdf

Information on federal carbon pricing and where provincial or territorial scheme is considered equivalent.

Thurton D. (2022) Federal carbon pricing to take effect in Nova Scotia, P.E.I and Newfoundland and Labrador, CBC, Retrieved from https://www.cbc.ca/news/politics/carbon-price-tax-climate-change-1.6659660

Federal Regulations

Canadian Net-Zero Emissions Accountability Act, S.C. 2021, c. 22

Canadian Environmental Protection Act, 1999 (S.C. 1999, c. 33)

Carbon Dioxide Emissions from Natural Gas-fired Generation of Electricity, Regulations Limiting, SOR/2018-261

Heavy-duty Vehicle and Engine Greenhouse Gas Emission Regulations, SOR/2013-24

Reduction in the Release of Methane and Certain Volatile Organic Compounds (Upstream Oil and Gas Sector), Regulations Respecting [Not in force], SOR/2018-66

Government of Canada (Canada). (2022). Canada-Saskatchewan equivalency agreement regarding greenhouse gas emissions from electricity providers.  Retrieved from https://www.canada.ca/en/environment-climate-change/services/canadian-environmental-protection-act-registry/agreements/equivalency/canada-saskatchewan-greenhouse-gas-electricity-producers.html

Provisions of the Regulations Respecting Reduction in the Release of Methane and Certain Volatile Organic Compounds (Upstream Oil and Gas Sector) Do Not Apply in British Columbia, Order Declaring that the, SOR/2020-60

Provisions of the Regulations Respecting Reduction in the Release of Methane and Certain Volatile Organic Compounds (Upstream Oil and Gas Sector) Do Not Apply in Saskatchewan, Order Declaring that the, SOR/2020-234

Government of Canada (Canada). (2022). Pan-Canadian Framework on Clean Growth and Climate Change.  Retrieved from https://treaty-accord.gc.ca/result-resultat.aspx?lang=eng&type=10&page=1&maxRecords=50&t=637901237517287687

Government of Canada (Canada). (2021). Review of Canada’s methane regulations for the upstream oil  and gas sector.  Retrieved from https://www.canada.ca/content/dam/eccc/documents/pdf/cepa/review-canada-methane-regulations-upstream-oil-gas-sector.pdf

Reduction in the Release of Methane and Certain Volatile Organic Compounds (Upstream Oil and Gas Sector) Do Not Apply in Alberta, Order Declaring that the, Provisions of the Regulations Respecting, SOR/2020-233

Reduction in the Release of Volatile Organic Compounds Regulations (Petroleum Sector), SOR/2020-231

Reduction of Carbon Dioxide Emissions from Coal-fired Generation of Electricity Regulations, SOR/2012-167

Reduction of Carbon Dioxide Emissions from Coal-fired Generation of Electricity Regulations do not apply in Nova Scotia, Order Declaring that the, SOR/2014-265

British Columbia

British Columbia. (n.d.). Zero emissions vehicle act. Retrieved from https://www2.gov.bc.ca/gov/content/industry/electricity-alternative-energy/transportation-energies/clean-transportation-policies-programs/zero-emission-vehicles-act

British Columbia. (n.d.). 2018 Building Code. Retrieved from https://www.bccodes.ca/index.html.

British Columbia Energy Step Code. (2021). Home page. Retrieved from https://energystepcode.ca/

Carbon Tax Act (SBC 2008)

Clean Energy Act (SBC 2010, c. 22)

Climate Change Accountability Act, SBC 2007, c 42

Environmental Management Act (SBC 2003, c.53)

Greenhouse Gas Industrial Reporting and Control Act (SBC 2014, c. 29)

The Oil and Gas Activities Act (SBC 2008, c. 36)

Vancouver. (2022). Vancouver building bylaw. Retrieved from https://vancouver.ca/home-property-development/energy-efficiency-requirements-and-resources-for-homes.aspx#vbbl

Zero Emissions Vehicle Act (SBC 2019 c.29)

Alberta

Oil Sands Emissions Limit Act, SA 2016, c O-7.5

Emissions Management and Climate Resilience Act, SA 2003, c E-7.8

Carbon Competitiveness Incentive Regulation, Alta Reg 255/2017

Renewable Fuels Standard Regulation, Alta Reg 29/2010

Methane Emission Reduction Regulation, Alta Reg 244/201

Technology Innovation and Emissions Reduction Regulation, Alta Reg 133/2019

Saskatchewan

Canada, (2022). National Inventory Report. Retrieved from https://publications.gc.ca/collections/collection_2008/ec/En81-4-2005E.pdf

CANLII (2022). The Environmental Management and Protection Act, 2010, SS 2010, c E-10.22, Retrieved from https://www.canlii.org/en/sk/laws/stat/ss-2010-c-e-10.22/latest/ss-2010-c-e-10.22.html

Osler. (n.d.). The Management and Reduction of Greenhouse Gasses (General and Reporting) Regulation. Retrieved from https://www.osler.com/en/resources/regulations/2021/carbon-ghg/carbon-and-greenhouse-gas-legislation-in-saskatchewan

The Management and Reduction of Greenhouse Gases (Reporting and General) Regulations, RRS c M-2.01 Reg 2

Saskatchewan Government. (n.d.). Saskatchewan’s Climate Change Strategy. Retrieved from https://www.saskatchewan.ca/business/environmental-protection-and-sustainability/a-made-in-saskatchewan-climate-change-strategy/saskatchewans-climate-change-strategy

Saskatchewan (n.d.). A made in Saskatchewan climate change strategy. Retrieved from https://www.saskatchewan.ca/business/environmental-protection-and-sustainability/a-made-in-saskatchewan-climate-change-strategy/emissions-in-saskatchewan

The Management and Reduction of Greenhouse Gases (Baselines, Returns and Verification) Standard

The Environmental Management and Protection Act, 2010, SS 2010, c E-10.22

Manitoba

Manitoba. (207). A Made-in-Manitoba Climate and Green Plan : Hearing from Manitobans.  Retrieved from https://www.gov.mb.ca/asset_library/en/climatechange/climategreenplandiscussionpaper.pdf

Osler. (2021). Carbon and Greenhouse Gas Legislation in Manitoba.  Retrieved from https://www.osler.com/en/resources/regulations/2021/carbon-ghg/carbon-and-greenhouse-gas-legislation-in-manitoba

Sustainability Guidelines for Local Governments, School Divisions, Universities, Colleges and Regional Health Authorities Regulation, Man Reg 4/2004, 

The Climate and Green Plan Implementation Act, CCSM c C134

Ontario

Ontario (n.d.). Preserving and Protecting our Environment for Future Generations.  Retrieved from https://prod-environmental-registry.s3.amazonaws.com/2018-11/EnvironmentPlan.pdf

Greener Gasoline – Bio-Based Content Requirements for Gasoline, O Reg 535/05 – Repealed 2021

Greenhouse Gas Emissions Performance Standards, O Reg 241/19

Quebec

A working note for these references.  Direction with the URLs is pointed to CANLIIs English translations.  They are also available in the original language; French

Act respecting the Ministère du Développement durable, de l’Environnement et des Parcs, CQLR c M-30.001

Act to increase the number of zero-emission motor vehicles in Québec in order to reduce greenhouse gas and other pollutant emissions, CQLR c A-33.02

An Act mainly to ensure effective governance of the fight against climate change and to promote electrification, SQ 2020, c 19

New Brunswick

New Brunswick. (n.d.). Climate Change in New Brunswick. Retrieved from https://www2.gnb.ca/content/gnb/en/departments/elg/environment/content/climate_change/content/climate_change_affectingnb.html

New Brunswick. (2022). Transitioning to a Low-Carbon Economy – New Brunswick’s Climate Change Action Plan Progress Report 2022. Retrieved from https://www2.gnb.ca/content/dam/gnb/Departments/env/pdf/Climate-Climatiques/nb-climate-change-action-plan-progress-report-2022-detailed-summary.pdf

Nova Scotia

Environment Act, SNS 1994-95, c 1

Nova Scotia (2021). Legislation to Address Climate Crisis, Guide Province to Cleaner, Sustainable Future, Retrieved from https://novascotia.ca/news/release/?id=20211027005

Environmental Goals and Sustainable Prosperity Act, SNS 2007, c 7

Environmental Goals and Climate Change Reduction Act, SNS 2021, c20

Regulations Respecting Greenhouse Gas Emissions, NS Reg 260/2009

Cap and Trade Program Regulations, NS Reg 194/2018

Prince Edward Island

Prince Edward Island. (2019). Climate change Action Plan, Retrieved from https://www.princeedwardisland.ca/en/information/environment-energy-and-climate-action/climate-change-action-plan-2018-2023

Net-zero Carbon Act, RSPEI 1988, c N-3.01

Newfoundland and Labrador

Management of Greenhouse Gas Act, SNL 2016, c M-1.001

Management of Greenhouse Gas Reporting Regulations, NLR 14/17

Newfoundland and Labrador (n.d.) The way forward on climate change in Newfoundland and Labrador. Retrieved from https://www.gov.nl.ca/ecc/files/publications-the-way-forward-climate-change.pdf

Nunavut

Nunavut. (n.d.). Nunavut climate change secretariat. Retrieved from https://www.climatechangenunavut.ca/

Nunavut. (n.d.) Climate change impacts and adaptation in Nunavut. Retrieved from https://www.gov.nu.ca/sites/default/files/3154-315_climate_english_sm.pdf

Northwest Territories

NWT. (n.d.) 2030 energy strategy. retrieved from https://www.enr.gov.nt.ca/en/services/climate-change/2030-nwt-climate-change-strategic-framework#:~:text=The%20GNWT%20has%20developed%20a,roadmap%20for%20addressing%20climate%20change.

NWT. (n.d.) 2030 NWT climate change strategic framework. Retrieved from https://www.enr.gov.nt.ca/sites/enr/files/resources/128-climate_change_strategic_framework_web.pdf

Petroleum Products Tax Act, RSNWT 1988, c P-5

Yukon

Yukon. (2022). Clean Energy Act. Retrieved from https://yukon.ca/en/news/clean-energy-act-tabled-legislative-assembly

Yukon. (2020). Our clean future Yukon strategy. Retrieved from https://yukon.ca/en/our-clean-future-yukon-strategy-climate-change-energy-and-green-economy