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Greenhouse Gas Pollution Pricing Act
[Enacted by section 186 of chapter 12 of the Statutes of Canada, 2018, in force on assent June 21, 2018.]
  • An Act to mitigate climate change through the pan-Canadian application of pricing mechanisms to a broad set of greenhouse gas emission sources and to make consequential amendments to other Acts
CitationGreenhouse Gas Pollution Pricing Act, SC 2018, c 12, s 186[1]Greenhouse Gas Pollution Pricing Act (SC 2018, c 12, s 186). CANLII. June 21, 2018. Retrieved December 19, 2018.</ref>
Territorial extentWhole of Canada
Enacted by[Enacted by section 186 of chapter 12 of the Statutes of Canada, 2018, in force on assent June 21, 2018.]
EnactedJune 21, 2018
Legislative history
First reading27 March 2018[2][Notes 1]
Second reading28 May 2018[3]
Third reading6 June 2018[4]

Greenhouse Gas Pollution Pricing Act (GHGPPA) is a Canadian Act under Bill C-74,[5] which is intended to be a revenue-neutral tax the federal Greenhouse Gas Pollution Pricing Act (GHG Act), which had passed three readings and was in the Senate by December 2018, implemented a revenue-neutral tax which applied only to provinces and territories whose carbon pricing system did not meet federal requirements. Saskatchewan never had a carbon pricing system and three other provinces—Manitoba, Ontario and New Brunswick—have opted out of previous provincial carbon tax systems. Revenue from GHG Act, which is under Bill C-74,[5] which will come into effect in April 2019, will be redistributed to the provinces, either through tax credits to individual residents or to businesses and organizations, such as universities, librairies, etc that are affected by the tax but are unable to pass on the cost by raising consumer prices.[6][1][7] The Province of Saskatchewan is challenging the constitutionality of the GHG ACT in a legal challenge in the Saskatchewan Court of Appeal Court of Appeal.

Bill C-74

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The Canadian Senate passed the Greenhouse Gas Pollution Pricing Act (GHG Act)[1] in the fall of 2018 under Bill C-74.[5] The GHG refers to charge or pricing instead of taxation. The charge which will rise to $50 per CO2 by 2022, begins at $20 in 2019.[8] Through the GHG Act, provinces have the flexibility to create their own solutions to deal with GHG emissions in "their own jurisdictions". Through the GHG Act all provinces are required to place a minimum price of $20 a tonne of GHG emissions by January 1, 2019.[6] The tax will be retroactive to January.[9]

The federal government will send an annual rebate ranging from $300 to $600 adequate emissions pricing plans.[9]

See also

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Wikipedia:WikiProject Canadian law

Notes

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  1. ^ "Part 5 enacts the Greenhouse Gas Pollution Pricing Act and makes the Fuel Charge Regulations. Part 1 of that Act sets out the regime for a charge on fossil fuels. The fuel charge regime provides that a charge applies, at rates set out in Schedule 2 to that Act, to fuels that are produced, delivered or used in a listed province, brought into a listed province from another place in Canada, or imported into Canada at a location in a listed province. The fuel charge regime also provides relief from the fuel charge, through rebate and exemption certificate mechanisms, in certain circumstances. The fuel charge regime also sets out the registration requirements for persons that carry out certain activities relating to fuels subject to the charge. Part 1 of that Act also contains administrative provisions and enforcement provisions, including penalties, offences and collection provisions. Part 1 of that Act also sets out a mechanism for distributing revenues from the fuel charge. Part 1 of that Act also provides the Governor in Council with authority to make regulations for purposes of that Part, including the authority to determine which province, territory or area is a listed province for purpose of that Part. Part 2 of that Act sets out the regime for pricing industrial greenhouse gas emissions. The industrial emissions pricing regime requires the registration of any facility that is located in a province or area that is set out in Part 2 of Schedule 1 to that Act and that either meets criteria specified by regulation or voluntarily joins the regime. The industrial emissions pricing regime requires compliance reporting with respect to any facility that is covered by the regime and the provision of compensation for any amount of a greenhouse gas that the facility emits above the applicable emissions limit during a compliance period. Part 2 of that Act also sets out an information gathering regime, administrative powers, duties and functions, enforcement tools, offences and related penalties, and a mechanism for distributing revenues from the industrial emissions pricing regime. Part 2 of that Act also provides the Governor in Council with the authority to make regulations for the purposes of that Part and the authority to make orders that amend Part 2 of Schedule 1 by adding, deleting or amending the name of a province or the description of an area. Part 3 of that Act authorizes the Governor in Council to make regulations that provide for the application of provincial laws concerning greenhouse gas emissions to works, undertakings, lands and waters under federal jurisdiction."

References

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  1. ^ a b c Cite error: The named reference canlii_GHGAct_2018 was invoked but never defined (see the help page).
  2. ^ "First Reading". Bill C-74. March 27, 2018. Retrieved December 19, 2018.
  3. ^ "Second Reading". Bill C-74. 28 May 2018. Retrieved December 19, 2018.
  4. ^ "Third Reading". Bill C-74. 21 June 2018. Retrieved December 19, 2018.
  5. ^ a b c Khan​, Rizwan; Dunn, Burgandy (October 8, 2018), "The Federal Greenhouse Gas Pollution Pricing Act And Its Provincial Opposition", Mondaq {{citation}}: zero width space character in |last1= at position 5 (help)
  6. ^ a b Cite error: The named reference citynews_CP_20181130 was invoked but never defined (see the help page).
  7. ^ Nuccitelli, Dana (26 October 2018). "Canada passed a carbon tax that will give most Canadians more money". The Guardian. Retrieved December 19, 2018.
  8. ^ Goodwin, Gary (July 6, 2018). "The pan-Canadian framework: Setting a price on carbon". Retrieved 19 December 2018.
  9. ^ a b "Trudeau promises rebates from carbon tax in provinces without levy". CBC News. The National. 23 October 2018. Retrieved 19 December 2018.