Summary

Keywords

Constitutional law - Division of powers - Environmental law - Climate change - Power to tax and to regulate - Whether the Greenhouse Gas Pollution Pricing Act, S.C. 2018, c. 12, s. 186, constitutes a valid exercise of Parliament’s jurisdiction for peace, order, and good government - Constitution Act, 1867, s. 91.

Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Under Order in Council No. 194/2018, the Government of Saskatchewan referred the following question to the Saskatchewan Court of Appeal:

The Greenhouse Gas Pollution Pricing Act was introduced into Parliament on March 28, 2018 as Part 5 of Bill C-74. If enacted, will this Act be unconstitutional in whole or in part?

In a split 3-2 decision, the Court of Appeal answered “no”, finding that the object of the legislation, ensuring a minimum national price on greenhouse gas emissions in order to encourage their mitigation, is an issue of national concern falling under Parliament’s authority for peace, order and good government.

Lower Court Rulings