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Canada Greenhouse Gas Pollution Pricing Act: Federal Carbon Backstop, Fuel Charge and Output-Based Pricing System

The Greenhouse Gas Pollution Pricing Act (S.C. 2018, c. 12, s. 186) establishes Canada's federal carbon-pricing backstop, applying a price on…

What Canada Greenhouse Gas Pollution Pricing Act: Federal Carbon Backstop, Fuel Charge and Output-Based Pricing System requires

The Greenhouse Gas Pollution Pricing Act (S.C. 2018, c. 12, s. 186) establishes Canada's federal carbon-pricing backstop, applying a price on greenhouse-gas emissions in provinces and areas that do not have an equivalent system of their own, administered by the Canada Revenue Agency (Part 1) and the Department of Environment (Part 2). Part 1 imposes the fuel charge: section 3 defines fuel broadly to include gasoline, diesel, natural gas, propane and coal listed in Schedule 2, the charge applies when fuel is produced, delivered or brought into a listed province, and section 40 fixes the amount by the formula A times B (quantity times the applicable rate), with the listed provinces set out in Schedule 1 and the rates in Schedule 2. Division 4 (sections 55 to 67) imposes registration obligations on distributors, importers, carriers, emitters and users, section 69 requires returns for each reporting period and section 71 requires payment of the positive net charge to the Receiver General. Part 2 establishes the output-based pricing system for industry: section 169 prices industrial greenhouse-gas emissions, section 171 requires registration of covered facilities with the Minister of the Environment, section 173 imposes the excess-emissions charge (again by a formula of excess emissions times the applicable rate) on facilities exceeding their benchmark, and section 185 establishes the compliance-unit tracking system. The Governor in Council lists the provinces to which the federal system applies, which is the legal mechanism of the backstop, applying the federal price wherever a province's own scheme does not meet the federal stringency benchmark. Offence and penalty provisions appear in Part 1 (including section 132) and Part 2 (including section 232 and the sentencing provisions). The Act is the constitutional backbone of carbon pricing in Canada and the instrument that gives the federal price its national reach.

Pillar: Water & Environmental Resources · Authority: Parliament of Canada / Canada Revenue Agency and Department of the Environment · Version: 1.0.0 · Last updated:

Primary source: https://laws-lois.justice.gc.ca/eng/acts/G-11.55/FullText.html

SHA-256 integrity: bfc4c668a16363407084872952b493d7dbe33c65d896b70cec9d0fd8345553b3

Primary Citations — 8 traced to source

  • Greenhouse Gas Pollution Pricing Act, S.C. 2018, c. 12, s. 186, section 3 - definition of fuel and the listed fuels subject to the Part 1 charge.
  • Greenhouse Gas Pollution Pricing Act, Part 1, section 40 - the fuel-charge amount determined by the formula A times B (quantity times applicable rate).

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