Presentation Transcript

1. CLIMATE CHANGE LAW NOVEMBER 25, 2013

2. Overview Climate Change Laws Constitutionality Federal Climate Change Laws Kyoto Protocol Implementation Act Canadian Environmental Assessment Act Vehicle Fuel Efficiency Regulations New Coal Plant Regulations BC/Alberta Carbon Tax Laws Ontario Coal Plant Phase out
3. Climate Change Laws Constitutionality Shi-Ling Hsu, Robin Elliot: no constitutional impediment to effective federal/provincial climate laws Criminal law power? POGG power: emergency? national concern? Taxation power? Carbon tax vs. cap and trade?
4. Kyoto Protocol Implementation Act Kyoto Protocol 1997: 6% reduction in GHGs from 1990 levels by 2012 KPIA 2007 purpose “ensure that Canada takes effective and timely action to meet its obligations under the Kyoto Protocol and help address the problem of global climate change.”  Climate Change Plan to be produced with specific measures to meet Kyoto obligations Canada withdraws from Kyoto Protocol in 2011, KPIA repealed 2012
5. Canadian Environmental Assessment Act Required assessment of environmental effects of GHG emissions of projects Oils sands projects: fastest growing source GHGs Kearl3.7 million t CO2 per year (800,000 cars on road) 0.5% Canada’s emissions Kearl, Joslyn, Mackenzie panels: GHG emissions have no significant adverse effects on global climate CEAA 2012 – no assessment of GHG emissions
6. Vehicle Fuel Efficiency Regulations (Federal) Transportation sector produces 24% GHGs Fuel efficiency standards parallel U.S. standards initiated in 2009 Latest regulations require cars with model years 2017 to 2025 to cut emissions by 5% annually Light trucks, with model years 2017 to 2021, required to achieve 3.5% annually 2025 models to produce almost 50% less GHGs consume up to 50% less fuel than 2008 models 
7. New Coal Plant Regulations Require reductions in CO2 emissions from new coal-fired power plants Existing plants grandfathered for 35 years (as of 2015) Based on “highest efficiency natural gas” performance standard of 375 tonnes CO2 per GWh of electricity produced. Five broad exemptions allow utilities to avoid reducing CO2 emissions
8. Alberta Carbon Tax Law Applies to major polluters (producing more than100,000 tonnes GHGs per year Target is 12% reduction in plant’s average emissions intensity If target not achieved, company puts $15 per tonne in poll in technology fund or buys offset credits (reductions in Alberta emissions at facilities not bound by law) Minimal impact on GHG emissions
9. BC Carbon Tax Act Imposes tax based on greenhouse gas emissions from burning all types of fossil fuels based on level of emissions per unit of energy produced Phased in ($10 per tonne in 2008 rising to $30 in 2012) Revenue neutral: tax reductions in other areas such as income tax: annual plan specifies how carbon tax revenue to be returned to taxpayers Low-income folks partially protected by tax credit Responsible for 19% reduction in fossil fuel burning in BC in four years
10. Ontario Coal Plant Phase out In 2007, Ontario committed to phase out coal-fired electricity generation by 2014 Single largest GHG emission reduction initiative in North America (7 million cars off the road) GHG emissions dropped from 42 million t CO2 in 2001 to 13 million t in 2013 Lambton, Nanticoke units closing in late 2013, Thunder Bay to close in 2014
11. Ontario Coal Plant Phase out In 2007, Ontario committed to phase out coal-fired electricity generation by 2014 Single largest GHG emission reduction initiative in North America (7 million cars off the road) GHG emissions dropped from 42 million t CO2 in 2001 to 13 million t in 2013 Lambton, Nanticoke units closing in late 2013, Thunder Bay to close in 2014
12. Future of Climate Change Law ? Federal regulations governing GHG emissions of oil and gas Industry GHGs? Command and control vs. carbon pricing?