Regulating Greenhouse Gases in Canada: Constitutional and Policy Dimensions

Abstract

Canada’s greenhouse gas emissions have risen dramatically since the 1997 negotiation of the Kyoto Protocol, and that rise has continued through Canada’s 2002 ratification of the Protocol. Along with economic dislocation, constitutional barriers to regulation have sometimes been cited as the reason for caution in regulating greenhouse gases. This article critically evaluates the constitutional arguments and examines the policy considerations surrounding various regulatory instruments that might be used to reduce greenhouse gases. We conclude that the Canadian constitution does not present any significant barriers to federal or provincial regulation and that policy considerations strongly favour the use of two instruments: a federal carbon tax to impose a marginal cost on emissions and the Canadian Environmental Assessment Act to review federal projects that may increase greenhouse gases.

Jaguar and Puma in Brazilian Semi-Arid Region – Scapegoats for Weak Governance?

“…Widespread and increasing redistribution and 'sharing' of coupons has reduced this bias but increased the likelihood of poorer recipients receiving fewer coupons than less-poor recipients. There have also in some years been gender biases against receipt 56 ibid. 57 (Dorward et al 2008 of coupons and access to subsidized fertilizers by female headed households.…”

“…The position as of 2009 was that Canada's GHG emissions continued to rise dramatically instead of falling. 56 as transport". 57 Moreover, the Canadian Taxpayers Federation in another news report confirms that the carbon tax system in Canada is not working.…”

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“…The NIPDS aims to: (i) identify areas with irrigation potential; (ii) encourage private sector development of irrigated agriculture (estates and commercial farms); (iii) assist smallholders to develop and manage their own self-help irrigation schemes; (iv) transfer management of existing government schemes to their beneficiaries; (v) assist informal sector irrigation; (vi) enhance national capacities for irrigation development; (vii) conduct research in irrigation technology; and (viii) promote the use of both simple and advanced irrigation. 56 Malawi's Farm Input Subsidy Program (FISP) has shaped the country's development and agricultural policy the most. This national program began in 2005 after the end of several maize input subsidy programs from the 1990s and severe droughts early in the following decade.…”

“…The position as of 2009 was that Canada's GHG emissions continued to rise dramatically instead of falling. 56 A recent government of Canada report states that "[b]etween 1990 and 2019, emissions increased by 21.4% or 129 Mt CO2 eq. Canada's emissions growth over this period was driven primarily by increased emissions from oil and gas extraction as well as transport".…”

“Governing discourses” in Canadian environmental assessment: A critical discourse analysis of climate change in the Northern Gateway Pipeline review process

“…Two of the CEAA's requirements are especially important in the context of climate change: first, EAs must consider "any cumulative environmental effects" of a proposed project (in combination with other projects that have been or will be carried out); second, transboundary environmental effects (CEAA 1992;CEAA 2012). These and other provisions provided (an underutilized) authority under federal EAs to explicitly consider GHG emissions and climate change as part of the review process (Hazell 2010;Hsu and Elliot 2009;Koehl 2010). The following section briefly outlines previously unmentioned aspects of the EA process of most importance to analyzing the Northern Gateway case, followed by key scholarly critiques of the EA system.…”