Ontario Court of Appeal rules against the provincial challenge to the federal carbon price – Seven provinces will intervene in the Supreme Court appeal

doug ford scrap the taxOn June 28, the Ontario Court of Appeal issued their Decision , 4 to 1 in favour of the federal government’s right to impose a system of carbon pricing across Canada, under the Greenhouse Gas Pollution Pricing Act.   Some important excerpts from the majority decision:

“Parliament has determined that atmospheric accumulation of greenhouse gases causes climate changes that pose an existential threat to human civilization and the global ecosystem ….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…

The Act does this and no more. It leaves ample scope for provincial legislation in relation to the environment, climate change, and GHGs, while narrowly constraining federal jurisdiction to address the risk of provincial inaction.

The charges imposed by the Act are themselves constitutional. They are regulatory in nature and connected to the purposes of the Act. They are not taxes.

The Act is the product of extensive efforts – efforts originally endorsed by almost all provinces, including Ontario – to develop a pan-Canadian approach to reducing GHG emissions and mitigating climate change. This, too, reflects the fact that minimum national standards to reduce GHG emissions are of concern to Canada as a whole. The failure of those efforts reflects the reality that one or more dissenting provinces can defeat a national solution to a matter of national concern”

The Ontario government immediately announced that it will appeal the decision to the Supreme Court.  The Premier of Alberta, part of the Canada-wide Conservative opposition to the federal carbon tax, said that Alberta is reviewing the decision in his press release.  Saskatchewan, which lost its own court challenge to the GGPPA  in May 2019, has already filed an appeal in the Supreme Court of Canada, scheduled for December 5 2019 – notably after the coming federal election, in which climate change issues are widely expected to be a top priority for voters.

For a thorough discussion of the decision and compilation of reactions, read: “Doug Ford loses carbon tax battle with Trudeau” in the National Observer .  “Ontario Court of Appeal Upholds Federal Carbon Tax” appeared in The Energy Mix on July 2 and also compiles reaction from many sources. “Federal Carbon Pricing Regime Now Two-for-Two” (July 2) in Lexology offers a more lawyerly perspective.   And for the mood in Ontario, read “Doug Ford’s $30 million carbon tax fight is money down the drain but it keeps his brand afloat” in the Toronto Star (July 3) or in the Globe and Mail, The real carbon tax is the money provinces are spending on lawyers.”

Provinces line up to participate in Supreme Court appeal: ( Updated as of July 10):  As of July 8, seven provinces are  registered as intervenors in the Saskatchewan challenge to the carbon tax, scheduled to be heard by the Supreme Court of Canada in December 2019.  On July 8, CBC reported that  New Brunswick Premier Blaine  Higgs  abandons  planned carbon tax court fight , stating that the province will not waste taxpayers’ money on their own carbon tax court case, but will act as an intervenor in the Saskatchewan’s appeal.  Prince Edward Island is also intervening, as explained in  P.E.I. intervening in Saskatchewan’s carbon tax court challenge” (July 5).  The Premier of PEI states they are “absolutely not” joining the fight against a carbon tax, but are intervening as a way to reserve the right to participate in future. Even more surprisingly, “Quebec intervenes in Saskatchewan’s challenge of carbon tax“, as reported in the Montreal Gazette on July 8.  Quebec has joined the case to ensure its provincial rights are upheld in any court decision, and to protect Quebec’s existing cap and trade system. 

stampede ford 2019Aaron Wherry of CBC posted an analysis of the Conservative premiers’ positions against the federal carbon price in Premiers say they want a ‘co-operative’ approach to climate policy. Are they serious? (July 10).  It discusses the differences amongst  Alberta’s Jason Kenney, Ontario’s Doug Ford, Saskatchewan’s Scott Moe, New Brunswick’s Blaine Higgs and Bob McLeod of the Northwest Territories, who are meeting separately, in advance of the formal Council of the Federation meeting in Saskatoon, July 9 to 11.

 

Climate policy progress in Canada suffers from an overemphasis on carbon pricing, an absence of supply-side energy policies

heating up backing downcoverHeating up, Backing Down  by Hadrian Mertins-Kirkwood was released on June 13, updating the author’s previous 2017 report Tracking Progress: Evaluating government plans and actions to reduce greenhouse gas emissions in Canada.   It analyzes emissions data and policy announcements in the last two years to assess federal, provincial and territorial governments’ progress toward Canada’s domestic and international greenhouse gas (GHG) emission reduction targets.  The report identifies and discusses two new important issues in the Canadian climate policy discussion: an overemphasis on carbon pricing and an absence of supply-side energy policies. These are in addition to the three key obstacles to effective climate policy identified in the 2017 report, and still considered relevant: (1) an ambition gap between government policies and official targets; (2) Canada’s  deep economic dependence on fossil fuels, and; (3) an under-appreciation of the need to support workers in the transition to a cleaner economy.

Following a succinct overview of policy developments and emissions statistics for each province, the author concludes that positive progress in British Columbia and Quebec is outweighed by backsliding in the rest of Canada, and future progress is further threatened by the legislative reversals enacted by the recently-elected conservative governments in Alberta and Ontario, which are Canada’s two biggest carbon polluting provinces.

Heating up, Backing Down is co-published by the Canadian Centre for Policy Alternatives and the Adapting Canadian Work and Workplaces to Respond to Climate Change research program (ACW) .

Ontario Environmental Commissioner report falls on deaf ears as Ford government slashes energy efficiency programs,attacks carbon pricing (again)

ECO 2019 health happy prosperous Ontario coverA Healthy, Happy, Prosperous Ontario: Why we need more energy conservation  is the final report of Ontario’s Environmental Commissioner Dianne Saxe, released on March 27. The report documents the province’s energy use, argues for the value of energy conservation, and makes recommendations:  for improving utility conservation programs and energy efficiency programs for homeowners, and for urban planning policies to promote greater population density in “compact, complete communities” with jobs, transit and housing. The official summary of the report is here  ; a summary  was published by The National Observer on March 27.

This is the final report of the Environmental Commissioner because the ECO Office  has fallen to the pro-business agenda of the Doug Ford government: after April 1, it no  longer acts as an independent agency reporting directly to the Legislature, but will be merged into the Office of the Auditor General. The Commissioner has been critical of government policies – for example,  in the  annual Greenhouse Gas Reduction Progress Report for 2018, Climate Action in Ontario: What’s next? (September 2018).  With the 2019 Energy Conservation Progress report,  The Happy Health report , she states that current government policies encourage the use of fossil fuels in the province and will result in higher energy costs for consumers, higher greenhouse gas emissions, and increased air pollution, with associated adverse health impacts.

The “Government of the People” slashes energy efficiency, promotes P3’s: Despite the blunt criticism and recommendations of the Environment Commissioner (and many others), the Ford government continues to implement its “pro-business” agenda.  It is planning cancellations to consumer energy efficiency programs, as reported by  The  National Observer on March 20, “Exclusive: Doug Ford’s government slashing programs designed to save energy in buildings”  (March 20) and in “Ontario Slashes Energy Efficiency Programs, Delays Promise to Cut Hydro Rates”  in the Energy Mix  (March 25), which summarizes the Globe and Mail article, “Ontario Pulls the plug on energy conservation programs”  (subscription required).  A day later, the Globe and Mail said the cutbacks will include “subsidies for modern lighting, such as LED bulbs, more efficient air conditioners and furnaces, and upgrades to commercial refrigeration equipment. The government will also centralize the delivery of eight programs aimed at businesses, low-income seniors, and First Nations communities…”

On March 19, the government posted “Ontario Moving to Increase Innovation and Competition in Infrastructure Market” (March 19) , stating that it is  “ working for the people to make the province a leading destination for investment and job creation by increasing innovation and competition in its public-private partnership (P3) market.” This will include action to “Open P3 projects to greater innovation by making output specifications less prescriptive and rebalancing the Infrastructure Ontario bid evaluation criteria to better reward design innovation.”  Incidentally, the Ontario’s government is also willing to take credit for  federal infrastructure programs: as described in the March 12 press release, Ontario Launches $30 Billion Infrastructure Funding Program . In fact, the $30 billion refers to combined federal, provincial, and local funding  over the next 10 years through the federal Investing in Canada Infrastructure Program. The provincial share is a maximum of 33% .

And finally, the Ford government continues its attacks on carbon pricing:  A March 25 press release, “Ontario closes the book on cap and trade carbon tax era”  announces that “the  total compensation amount is $5,090,000 for a total of 27 participants” as a result of the the Cap and Trade Cancellation Act, 2018 (Oct. 2018) .  The press release continues: “But in one week, the federal government will impose a brand-new job-killing carbon tax, punishing the hardworking people of Ontario… Our government remains part of a growing coalition of provinces across Canada that oppose this cash-grab, which raises the cost of essentials like home heating and gasoline.”   The reality is that as of April 1st, the federal carbon pricing backstop will take effect in Ontario and the three other provinces that failed to design their own carbon pricing system under the Pan-Canadian Framework  — Saskatchewan, Manitoba, and New Brunswick.

Ecofiscal-Commission-10-Myths-about-Carbon-Pricing-Infographic-vertical-1.jpgThe EcoFiscal Commission is the latest to defend carbon pricing, with 10 Myths about Carbon Pricing in Canada – saying “Myths and misleading statements, however, continue to damage the debate over carbon pricing. A debate based on poor information does a disservice to Canadians….this new report will improve the quality of the debate by drawing on the best available evidence to debunk ten common myths. The report aims to serve as a resource for Canadians who want to learn what the evidence says about carbon pricing and its impacts on emissions, the economy, affordability, and jobs.”

The constitutional challenge to the carbon backstop is awaiting the court’s decision in Saskatchewan, and in Ontario, the court case will begin in late April. All related court documents are here .  Also in April,  the Ontario government releases its budget on the 11th.

Economists weigh in on deceptive carbon pricing messages

Economist Brenda Frank contributes to the ongoing battle of ideas about carbon pricing in Canada with his  January 9 blog : “Carbon pricing works even when emissions are rising”. Frank begins:  “An old, debunked argument against carbon taxes has flared up recently: If total emissions aren’t falling, the tax must not be working. Let’s quash that myth.”  Continuing the arguments he published in a 2017 blog, “The curious case of counterfactuals”, his central question is, “if emissions are still rising, how fast would they have been rising without a carbon price?”  He cites recent studies, such as “The Impact of British Columbia’s Carbon Tax on Residential Natural Gas Consumption” (in  Energy Economics, Dec. 2018), as well as  the extensive carbon pricing reports produced by the Ecofiscal Commission, most recently Clearing the Air: How carbon pricing helps Canada fight climate change (April 2018).  The  conclusion: carbon pricing is more “complicated than something you can fit in a tweet”, and  complex analysis demonstrates that it does work.

Marc Hafstead , U.S. economist and Director of the Carbon Pricing Initiative pursues a similar theme in  “Buyer Beware: An Analysis of the Latest Flawed Carbon Tax Report” ( November 28).   Hafstead contends that “some papers can introduce confusion and misinformation”, and demonstrates how this is done in  The Carbon Tax: Analysis of Six Potential Scenarios , a study commissioned by the Institute for Energy Research and conducted by Capital Alpha Partners.  Hafstead critiques the modelling assumptions and concludes they are flawed ; he also charges that the paper fails to explain its differences from the prevailing academic literature.

Even without Hafstead’s economic skills, one might be wary of the U.S. paper after a check of the DeSmog’s  Global Warming Disinformation Database , which provides mind-blowing detail about the financial and personnel connections between the Institute for Energy Research and  Koch Industries . DeSmog maintains records on organizations and individuals engaged in “climate change disinformation” in the U.S. and the United Kingdom.

Review of Alberta’s Climate Leadership Plan and carbon levy; updates on renewables and methane regulations

env defence carbon-pricing-alberta-fbEnvironmental Defence released a report in December 2018, Carbon Pricing in Alberta: A review of its success and impacts  . According to the report, Alberta’s carbon levy, introduced in 2017 as part of the broader Climate Leadership Plan, has had no detrimental effect on the economy, and in fact, all key economic indicators (weekly consumer spending, consumer price index,and gross domestic product) improved in 2017. The report also documents how the carbon levy revenues have been invested: for example, over $1 billion used to fund consumer rebates and popular energy efficiency initiatives in 2017; support for Indigenous communities, including employment programs; a 500% growth in solar installations; funding for an expansion of light rail transit systems in Calgary and Edmonton; and prevention of an estimated 20,000 tonnes of greenhouse gas (GHG) pollution. The conclusion: the Climate Leadership Plan and its carbon levy is off to a good start, but improvement is needed on promised methane reduction regulations , and the regulations to enforce the legislated cap on oil sands emissions need to be released.

Methane Regulations:    The Alberta Environmental Law Centre published a report in 2017 evaluating the province’s methane emissions regulations. On December 13, the government released new, final regulations governing methane. On December 19, the Alberta Environmental Law Centre published a summary of the new Regulations here  

Since the Environmental Defence study, on December 17, the government announced  agreement on five new wind projects funded by Carbon Leadership revenues, through the  Renewable Electricity Program. Three of the five projects are private-sector partnerships with First Nations, and include a minimum 25 per cent Indigenous equity component to stimulate jobs, skills training and other  economic benefits. The government claims that all five projects will generate 1000 jobs.

On  December 19 the government also  announced   new funding of  $50 million from Alberta’s Climate Leadership Plan for the existing  Sector-specific Industrial Energy Efficiency Program , to support technology improvements in the  trade-exposed industries of pulp and paper, chemical, fertilizer, minerals and metals facilities.

Balanced against this, a December 31 government press release summarized how its “Made in Alberta ” policies have supported the oil and gas industry: including doubling of support for petrochemical upgrading to $2.1 billion; creation of a Liquefied Natural Gas (LNG) investment team to work directly with industry to expedite fossil fuel projects; political fights for new pipelines (claiming that “Premier Notley’s advocacy was instrumental in the federal government’s decision to purchase the Trans Mountain Pipeline”), and the ubiquitous Keep Canada Working  advertisements promoting the keepcanada workingbenefits of the Trans Mountain pipeline . The press release also references the November announcement that the province will buy rail cars  to ship oil in the medium term,  and the December 11 press release announcing that the province is  exploring  private-sector interest in building a new oil refinery .