The Constitutionality of Canada’s Greenhouse Gas Pollution Pricing Act, 2018

Air pollution (Greenhouse Gas) is ambient and inherently transboundary and transnational in nature. In Canada, it is not exclusively a local or provincial matter but rather an international and national concern. Per section 91 of the Constitution Act, Canada’s federal government has the power over any matter that is not listed under provincial powers in section 92. The nature of the matter is deemed not to be local and private.The Greenhouse Gas Pollution Pricing Act (June 21, 2018 – GHGPPA) falls under the national concern branch of the Peace, Order, and Good Government power of the federal government, as its core purpose is to establish minimum national standards for pricing greenhouse gas emissions to address climate change. While pricing is typically a provincial matter, the transboundary nature of air pollution makes it a matter of national concern, justifying the federal government’s authority to enact the GHGPPA as a backstop measure when provincial regulations do not meet minimum standards. More information is available in the following note.