Province won’t take part in Saskatchewan carbon-tax suit

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This article was published 30/11/2018 (2728 days ago), so information in it may no longer be current.

OTTAWA — The Manitoba government will not intervene in Saskatchewan’s court challenge of the federal government’s carbon tax.

“We continue to consider options for our own legal challenge,” a spokesman for Premier Brian Pallister wrote Thursday evening, on the eve of the deadline to take part in the Saskatchewan lawsuit.

Today, at 4 p.m., will mark the deadline for provinces to weigh in, some four months after Saskatchewan’s government asked its Court of Appeal to rule on whether the federal plan is constitutional.

The federal Liberals have asked all provinces to put a minimum price on emissions of $20 per tonne by Jan. 1. For provinces that don’t, Ottawa will implement a federal carbon tax and rebate the money to residents.

Pallister launched a plan a year ago that would have met that requirement, but fell short of Ottawa’s escalating carbon levy in 2020.

He withdrew that plan in early October, claiming Ottawa hadn’t adequately considered Manitoba’s hydroelectric glut in insisting on eventually raising the levy.

That’s why Ottawa’s planning to impose a tax in April on Manitoba, New Brunswick, Saskatchewan and Ontario.

On Thursday, New Brunswick served notice it will follow Ontario in intervening in support of Saskatchewan’s suit, which argues the move is unconstitutional.

Meanwhile, British Columbia opted Tuesday to support Ottawa’s plan.

No other provinces are expected to serve notice up until today’s deadline. After that point, each has weeks to submit formal interventions.

Manitoba sought an independent legal opinion last year, which found Ottawa had a right to impose a tax on provinces, but had to accommodate provincial initiatives that use different means to achieve the same objectives.

Ontario recently penned its own carbon plan; it’s unclear whether Ottawa will consider it as it had set a Sept. 1 deadline to submit such proposals.

Federal Environment Minister Catherine McKenna has decried the politicization of her carbon-pricing initiative, while repeatedly signalling out conservative governments for what she deems insufficient action to tackle climate change.

— with files from The Canadian Press

dylan.robertson@freepress.mb.ca

Saskatchewan carbon-tax challenge court documents