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Canada鈥檚 top court validates carbon pricing. Now what?

Three things to know about the Supreme Court鈥檚 decision

Today, I鈥檓 not going to unpack the legal implications here, but I will take a closer look at what it means for climate policy in Canada. Here are two things that change with the decision, and one thing that stays the same.

Change #1: With more policy certainty, Canada has now a credible shot at achieving its 2030 target

As I have , Canada鈥檚 is unusual in the history of Canadian climate plans: it actually has sufficient stringency to achieve the country鈥檚 2030 target. A carbon price that rises to $170 per tonne by 2030 is a critical part of that plan. Modelling from Navius Research, for example, suggests that that this price puts Canada on track to over the next decade. 

Our own reinforces the same finding. Getting to the 2030 target will depend on rapidly scaling up 鈥溾攃ommercially available, tested technologies and practices. Increasingly ambitious carbon pricing can do exactly that, by creating incentives for businesses and individuals to adopt those solutions in order .  

By validating the federal carbon price backstop, the Supreme Court has increased the certainty that the price on carbon emissions will in fact follow the planned trajectory to 2030. means a stronger incentive to invest in the solutions now that will pay off in lower emissions (and lower carbon costs) in ten years. Still, while legal uncertainty has passed, remains.  

An aggressive (and more certain) carbon price isn鈥檛 just about the 2030 target; it will also provide a foundation for achieving net zero by 2050. For one, our net zero pathways show that driving changes in Canada鈥檚 economy in the next 10 years is a foundation for deeper changes to 2050. But getting to net zero (and maintaining a prosperous economy) also depends on solutions. More certain carbon pricing helps here too: expectations regarding high carbon prices in the future can by creating incentives for investment in new, emissions-reducing innovations that will pay off in the future, .   

Change #2:  It鈥檚 time for the provinces and territories to make carbon pricing their own

The last few years have seen some heated conversations on carbon pricing within the federation. And fair enough: the within the federation on climate change policy is one more chapter in Canada鈥檚 history of policy in areas of shared policy jurisdiction.   

Now, the Supreme Court ruling has provided the clarity needed to move forward. The federal government can indeed impose a backstop on provinces or territories that haven鈥檛 adopted a sufficiently stringent carbon price of their own. But the decision still gives provinces and territories plenty of room to maneuver.

With legal rumbles put to bed, provinces and territories have all kinds of incentives to play along. Expect to see provinces and territories actively designing their own carbon pricing systems, and critically, making their own choices about how revenue can and should be recycled back to people and businesses within the province. Provincial and territorial governments can according to their own priorities.  

What doesn鈥檛 change:  There鈥檚 still work to be done

The Supreme Court ruling clears the way for carbon pricing to play a leading role on the path to 2030 and beyond. That doesn鈥檛 mean it鈥檚 time for climate policy wonks to take their eyes off the ball. 

First, to be effective, the must be implemented as described. Actions speak louder than words, and the federal government has to follow through on the plan鈥攁nd the increase in the carbon price and rebates鈥攊t has proposed. The new independent and can help increase the likelihood that future governments will follow through on carbon pricing and other policies. 

Second, governments must adjust critical design choices in their carbon pricing systems to ensure effectiveness. As carbon prices increase, these design choices will increasingly matter for the overall performance of policies. And in some cases, existing systems could be improved.  The Institute has new analysis underway to provide guidance as to how to do so. 

Third, carbon pricing isn鈥檛 the only policy lever that counts in advancing 鈥渟afe bets鈥 or 鈥渨ild cards.鈥 The pathways we explore to 2030 and on to net zero by 2050 will require other actions and policies that can . For example, new infrastructure鈥攖o transport hydrogen, electricity, CO2, or a combination of all of them鈥攚ill be required. Additional government support for a portfolio of potential wild cards that can reduce greenhouse gas emissions and contribute to new sources of economic growth in the future can make sense.  

Carbon pricing and beyond

Carbon pricing has taken up lots of oxygen in the Canadian policy debate for the last few years. That isn鈥檛 necessarily a bad thing鈥攁s a country, it feels like we鈥檝e worked through some hard conversations around climate policy, and ultimately that can be both cost-effective and effective in reducing emissions. Now that one of the major arguments against a nationally consistent carbon price has been dismissed, it鈥檚 time to take a deep breath鈥攁nd turn our attention to making carbon pricing work even better on the way to net zero. 

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