And the Supreme Court of Canada’s ruling suggests the next round could go against Ottawa, too
and found that the federal government had overstepped its bounds. The law, the Supreme Court found, was largely unconstitutional – specifically, the way the Act empowered the federal government to approve, reject and regulate resource and infrastructure projects based broadly on environmental or social impact, and not only the effects that fall under federal jurisdiction.
This constitutes the second round of what will be at least a three-round boxing match between the federal and provincial governments in Canada’s highest court over which order of government has the right to control actions ordinarily under provincial jurisdiction that result in GHG emissions.was constitutional.
That ruling will have strong implications for the future of the federal government’s proposed Clean Electricity Regulations . While constitutional responsibility for electricity generation falls squarely on provincial governments, the CER will impose restrictions on emissions from electricity generation, and will have major effects on how it is generated. Like the IAA, the CER would attempt to regulate emissions directly, not just price them.
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