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Deputy Prime Minister and Minister of Finance Chrystia Freeland yesterday released Budget 2022: A Plan to Grow Our Economy and Make Life More Affordable (Budget 2022). This bulletin outlines key climate, energy, and Indigenous highlights from Budget 2022, part of total new spending of $31.2B, which includes: A proposal to establish the Canada Growth Fund (initial investment of $15B over five years), directly targeted at reducing emissions and enabling the transition to a low-carbon economy. Confirmation of the government’s intention to establish a refundable investment tax credit for carbon capture, utilization and storage (CCUS) projects to the extent that they permanently store captured CO2 through an eligible use. Plans to engage with experts on establishing an investment tax credit of up to 30 per cent, focused on net-zero technologies, battery storage solutions, and clean hydrogen. Support for the co-development of an Indigenous Climate Leadership Agenda to support self-determined action in addressing Indigenous Peoples’ climate priorities. Climate Budget 2022 includes new and proposed funding supporting important climate action, as follows: Canada Growth Fund. Budget 2022 proposes establishing the Canada Growth Fund, with an initial $15B investment over the next five years and the aim of attracting substantial private sector investment supporting the following economic policy goals: reduce emissions and contribute to achieving Canada’s climate goals; diversify the economy and bolster exports by investing in the growth of low-carbon industries and new technologies across new and traditional sectors of Canada’s industrial base; and support the restructuring of critical supply chains in areas important to Canada’s future prosperity—including our natural resources sector. Clean technology. Budget 2022 proposes the following new clean technology funding and investments: engage with experts to establish an investment tax credit of up to 30 per cent, focused on net-zero technologies, battery storage solutions, and clean hydrogen; provide $2.2B over…

Environment and Climate Change Canada (ECCC) today released a discussion paper, “A Clean Electricity Standard in support of a net-zero electricity sector” (the Discussion Paper), as part of its first steps in developing and consulting on a Clean Electricity Standard (CES) under the Canadian Environmental Protection Act, 1999. This bulletin summarizes key details of the Discussion Paper and provides important information on ECCC’s consultation on developing a CES.   Purpose. The Discussion Paper indicates that its purpose is to support the government’s intention to introduce regulations to achieve a net-zero electricity system by 2035 and invite comments regarding the scope and design of the CES. The Discussion Paper notes that Canada’s electricity system is currently 82% non-emitting but remains Canada’s 4th largest source of emissions, accounting for 8.4% of total greenhouse gas (GHG) emissions in 2019.   Proposed CES Regulations. The Discussion Paper notes that carbon pricing will be insufficient to ensure that the electricity sector achieves net-zero emissions by 2035 or likely even by 2050. Therefore, a nation-wide CES regulation will complement carbon pricing by requiring the phase-out of all conventional fossil fuel electricity generation and incentivizing fuel switching in other sectors. The scope and design of the CES regulations will also need to provide enough compliance flexibility to allow for the use of natural gas for emergency events, back-up power to complement renewables, and supplying power during seasonal peaks of demand. The proposed CES regulations may, among other things: apply to all sources of emitting electricity generation that sell to the grid; transition the electricity sector to net-zero by 2035 while providing increased supply of electricity to support electrification and the role of available technologies in the provision of clean power to Canadians; be stringent enough to achieve its objectives while including compliance flexibility, such as robust GHG offsets, and allow for the…

Environment and Climate Change Canada (ECCC) yesterday published draft Federal GHG Offset Protocols for Landfill Methane Recovery and Destruction and Reducing Greenhouse Gases from Refrigeration Systems (the Draft Protocols) for a 30-day comment period (read our earlier bulletin announcing the development of draft protocols here). ECCC is in the process of developing protocols to advance the Federal GHG Offset System under Part 2 of the Greenhouse Gas Pollution Pricing Act and in accordance with proposed Greenhouse Gas Offset Credit System Regulations published last year.   Public Consultation ECCC is seeking public comment on the Draft Protocols to help inform the development of the final protocols. ECCC intends to publish the final versions mid-2022. Interested stakeholders have until February 18, 2022 to submit feedback on the Draft Protocols by emailing the Offsets and Emissions Trading Section of ECCC.    Future Protocols ECCC is also currently working on developing Federal GHG Offset Protocols for the following: Improved Forest Management Enhanced Soil Organic Carbon Livestock Feed Management We anticipate draft protocols on the above to be published later this year. For assistance with comments, further information, or to discuss the contents of this bulletin, please contact Lisa DeMarco at lisa@resilientllp.com.

Prime Minister Trudeau yesterday released new mandate letters to cabinet ministers including the Ministers of Environment and Climate Change and Natural Resources, and the Deputy Prime Minister and Minister of Finance. Every minister has been directed to implement the United Nations Declaration on the Rights of Indigenous Peoples (read our earlier bulletin here).   This bulletin summarizes key climate, energy, and Indigenous objectives highlighted in the ministers’ new mandates:   Environment and Climate Change Minister Guilbeault’s mandate letter situates the minister as the key driver of the federal government’s Climate Plan, delivering on policy and fiscal measures provided in the Strengthened Climate Plan and adopting measures to achieve net-zero emissions by 2050.    Key objectives include: Implement the Canadian Net-Zero Emissions Accountability Act, and bring forward an updated Emissions Reduction Plan to achieve a 40 to 45 per cent reduction in emissions by 2030 from 2005 levels. Cap oil and gas sector emissions at current levels and ensure that the sector makes an ambitious and achievable contribution to meeting the 2030 climate goals. Develop a plan to reduce economy-wide methane emissions consistent with the Global Methane Pledge and require through regulations the reduction of oil and gas methane emissions in Canada by at least 75 per cent below 2012 levels by 2030. Support the global effort to phase out coal-powered electricity and the mining of thermal coal, and ban thermal coal exports from and through Canada no later than 2030. Work with industry, labour, and other stakeholders to develop a regulated sales mandate that at least 50 per cent of all new light-duty vehicle sales be zero emissions vehicles in 2030, toward achieving Canada’s mandatory target of 100 per cent by 2035. Introduce a Clean Electricity Standard to achieve a net-zero clean electricity grid by 2035. Finalize Canada’s first National Adaptation Strategy in 2022. Work with relevant ministries,…

Prime Minister Justin Trudeau yesterday announced a new Cabinet following the September 20, 2021 election. The priorities for the new Cabinet include creating jobs, growing the middle class, homeownership, accelerating the fight against climate change, $10-a-day childcare, and truth and reconciliation. We expect that the Prime Minister’s Office will issue new mandate letters for the ministers in the coming days.   The new Cabinet is gender-balanced and reflective of Canada’s diversity.  It is noteworthy that three of the most significant ministries (Finance, Foreign Affairs, and National Defence) are now held by women.  The climate agenda is also likely to be bolstered by a strong pairing of Minister Wilkinson, a former environmental innovator, at Natural Resources and Minister Guilbeault, a former environmental advocate, at Environment and Climate Change. The elevation of Edmonton Centre MP, Randy Boisonneault, to Cabinet as Associate Minister of Finance and Minister of Tourism is likely to add a more geographically-diverse perspective to Cabinet decisions in and around energy infrastructure.  Minister Hajdu’s move from her strong leadership at Health during the pandemic to Indigenous Services is also consistent with the government’s stated priority on Indigenous reconciliation.   The new confirmed Cabinet is as follows: Steven Guilbeault becomes Minister of Environment and Climate Change Jonathan Wilkinson becomes Minister of Natural Resources Chrystia Freeland remains Deputy Prime Minister and Minister of Finance Mélanie Joly becomes Minister of Foreign Affairs David Lametti remains Minister of Justice and Attorney General of Canada Marc Miller becomes Minister of Crown-Indigenous Relations Omar Alghabra remains Minister of Transport Anita Anand becomes Minister of National Defence Carolyn Bennett becomes Minister of Mental Health and Addictions and Associate Minister of Health Marie-Claude Bibeau remains Minister of Agriculture and Agri-Food Bill Blair becomes President of the Queen’s Privy Council for Canada and Minister of Emergency Preparedness Randy Boissonnault becomes Minister of Tourism and Associate Minister of Finance François-Philippe Champagne remains Minister of…