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Ottawa’s proposed oil and gas emissions cap is economically and constitutionally questionable

Following up on its pledge during last year’s election, the Trudeau government published its proposal for capping greenhouse gases from the oil and gas sector.

Ottawa proposes such a cap under either of two approaches: regulations under the Canadian Environmental Protection Act (CEPA) to create a cap-and-trade system across oil and gas producers; or a higher carbon price and greater stringency for oil and gas facilities under the Greenhouse Gas Pollution Pricing Act (otherwise known as the federal carbon pricing “backstop.”)

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