In November 2007, the British Columbia (B.C.) Legislature
enacted initial legislation respecting the reduction of
greenhouse gas (GHG) emissions. The Greenhouse Gas
Reduction Targets Act, which came into force on January 1,
2008, establishes targets of a 33% reduction below 2007 GHG
emission levels by 2020, and an 80% reduction below 2007
emission levels by 2050. It also requires that realistic,
economically viable interim targets for 2012 and 2016 be
established by the Minister of Environment by the end of 2008,
and that the provincial government itself become carbon neutral
The B.C. government has also announced that additional
legislation will be introduced this year to regulate emissions
from different sectors. The proposed legislation would
establish a cap-and-trade system for large emitters, which
would include firm caps on the allowable emissions from large
sources, and provide for participation in emissions trading
systems. The new legislation would also adopt California
tailpipe standards for new vehicles, introduce low-carbon
standards for fuels, and provide authority for the regulation
and capture of landfill gases.
In February 2008, the B.C. government introduced a
provincial budget that included Canada's first
broad-reaching carbon tax. The tax, which will come into effect
on July 1, 2008, will apply to virtually all fossil fuels,
including gasoline, diesel, natural gas, home-heating fuel and
coal. It will be phased in over a five-year period at rates
based initially on $10 per tonne of carbon emissions and
escalating to $30 per tonne by 2012. The carbon tax rate for
gasoline will be 2.41 cents per litre effective July 1, 2008
and will increase to 7.24 cents per litre by July 1, 2012. For
natural gas, the initial carbon tax rate will be 49.88 cents
per gigajoule, increasing to 149.64 cents per gigajoule by
2012. According to the B.C. Minister of Finance, the tax is
"revenue neutral" since all revenues will be returned
to individual taxpayers and businesses in the form of
reductions in other taxes.
B.C.'s Premier Campbell has also been aggressively
promoting the development of cross-border cap-and-trade
emissions trading. Along with Manitoba, B.C. is a member of the
Western Climate Initiative, an alliance of U.S. states that
seeks to establish a common cap on GHG emissions and implement
a regional emissions trading scheme. The Premier also signed on
to the International Carbon Action Partnership at its launch in
Lisbon last fall.
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Canada is a constitutional monarchy, a parliamentary democracy and a federation comprised of ten provinces and three territories. Canada's judiciary is independent of the legislative and executive branches of Government.
In Bank of Montreal v Bumper Development Corporation Ltd, 2016 ABQB 363, the Alberta Court of Queen's Bench enforced the "immediate replacement" provision in the Canadian Association of Petroleum Landmen 2007 Operating Procedure...
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