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Doug Ford's fight against a federal carbon tax likely doomed, experts say
If Ontario PC leader Doug Ford wins the election and sues the federal government to prevent carbon pricing, he would likely lose, say constitutional and environmental law experts.
The Progressive Conservative leader promised during the June 7 election campaign to repeal the province’s cap and trade program and has said he would fight the federal government’s carbon pricing plan.
“We’ll do whatever it takes to make sure our businesses are competitive,” he said in February. “The prime minister’s hurting businesses in this country by giving them an unnecessary tax.”
The federal Greenhouse Gas Pollution Pricing Act provides minimum federal standards for taxing pollution and fossil fuels, and allows provinces or territories to implement their own plans if they meet the standard. If the jurisdiction has no plan in place, or if their plans don't meet the minimum standards, the federal government’s “backstop” plan would be imposed on them.
If the provinces create their own price on carbon, it must meet or exceed the federal government’s “floor price” — starting at $10 per tonne this year and increasing by $10 each year to $50 per tonne by 2022.
Even before the legislation has been passed, Saskatchewan said it would fight the tax in court, and Manitoba threatened to do the same.
Lawyer predicts top court would uphold federal jurisdiction over carbon pricing
Saskatchewan Premier Scott Moe launched a constitutional reference case in the provincial Court of Appeal in late April. It will mark the first time a Canadian court has addressed the question of who has jurisdiction to regulate climate change.
An independent legal opinion by Winnipeg lawyer Bryan Schwartz for the Manitoba government in October indicated how that could go. Schwartz wrote that there was a “strong likelihood” that the Supreme Court of Canada would ultimately uphold the carbon pricing plan, probably on the basis of federal taxation powers.
Schwartz also wrote that the backstop nature of the plan was unlikely to render it unconstitutional because the court would “probably see the space given to the provinces to craft their own means of compliance as an exercise of ‘cooperative federalism.’”
Regardless of the legal opinion, Manitoba Premier Brian Pallister said he would take the federal government to court if it imposed the backstop plan on the province, which has proposed a flat rate of $25 per tonne – an amount that would only be compliant with the federal plan until 2020.
https://www.nationalobserver.com/20...-federal-carbon-tax-likely-doomed-experts-say
Doug Ford's fight against a federal carbon tax likely doomed, experts say
If Ontario PC leader Doug Ford wins the election and sues the federal government to prevent carbon pricing, he would likely lose, say constitutional and environmental law experts.
The Progressive Conservative leader promised during the June 7 election campaign to repeal the province’s cap and trade program and has said he would fight the federal government’s carbon pricing plan.
“We’ll do whatever it takes to make sure our businesses are competitive,” he said in February. “The prime minister’s hurting businesses in this country by giving them an unnecessary tax.”
The federal Greenhouse Gas Pollution Pricing Act provides minimum federal standards for taxing pollution and fossil fuels, and allows provinces or territories to implement their own plans if they meet the standard. If the jurisdiction has no plan in place, or if their plans don't meet the minimum standards, the federal government’s “backstop” plan would be imposed on them.
If the provinces create their own price on carbon, it must meet or exceed the federal government’s “floor price” — starting at $10 per tonne this year and increasing by $10 each year to $50 per tonne by 2022.
Even before the legislation has been passed, Saskatchewan said it would fight the tax in court, and Manitoba threatened to do the same.
Lawyer predicts top court would uphold federal jurisdiction over carbon pricing
Saskatchewan Premier Scott Moe launched a constitutional reference case in the provincial Court of Appeal in late April. It will mark the first time a Canadian court has addressed the question of who has jurisdiction to regulate climate change.
An independent legal opinion by Winnipeg lawyer Bryan Schwartz for the Manitoba government in October indicated how that could go. Schwartz wrote that there was a “strong likelihood” that the Supreme Court of Canada would ultimately uphold the carbon pricing plan, probably on the basis of federal taxation powers.
Schwartz also wrote that the backstop nature of the plan was unlikely to render it unconstitutional because the court would “probably see the space given to the provinces to craft their own means of compliance as an exercise of ‘cooperative federalism.’”
Regardless of the legal opinion, Manitoba Premier Brian Pallister said he would take the federal government to court if it imposed the backstop plan on the province, which has proposed a flat rate of $25 per tonne – an amount that would only be compliant with the federal plan until 2020.
https://www.nationalobserver.com/20...-federal-carbon-tax-likely-doomed-experts-say
