Tag: cap-and-trade regulation

Ontario’s cap-and-trade program design options released for further consultation

In the lead-up to Paris climate talks (COP 21), the Ontario government has released a consultation paper that sets out the early details of how Ontario’s proposed cap-and-trade program will work. The proposed program details are not final and are subject to further consultation before a final cap-and-trade regulation is expected to be issued in spring 2016.

Ontario’s proposed cap-and-trade system would commence on January 1, 2017 and the cap on greenhouse gas emissions would decline by 3.7% in each of the following three years, falling to 15% below 1990 levels by 2020. It is anticipated that the cap-and-trade program will have a broad reach and most sectors of the economy will fall under the cap including heavy industry, transportation fuel (including gasoline and natural gas), and electricity generation.

Since the transportation sector accounts for a significant portion of the province’s overall emissions, a carbon price on transportation fuels will seek to incentivize drivers to choose alternative means of transportation. The Canadian Fuels Association has estimated that if Ontario’s carbon allowances trade at the same minimum price as those under Quebec’s cap-and-trade system, the cost of gasoline will initially increase by at least 3.6 cents per litre, rising to 4.6 cents by 2020.

In order to provide some relief to certain trade-exposed sectors, the Ontario government has proposed allocating free allowances to certain industries, in some cases up to 100% for the first four years of the program. Under the cap-and-trade program, these industries will still be required to reduce emissions in order to comply with their obligations under the cap, but their compliance costs would be lower.

Consultations with industry and other stakeholders is ongoing, and as noted above, it is anticipated that the details of the cap-and-trade program will be finalized in spring 2016. As we reported earlier, Ontario has proposed changes to the provincial Greenhouse Gas Emissions Reporting Regulation, which will help to facilitate the linking of Ontario’s cap-and-trade program with the Quebec and California programs.

Québec Prepares to Start Emissions Trading as it Formally Adopts Cap-and-Trade Regulation

 
On December 14, 2011, Québec formally adopted the Regulation respecting the cap-and-trade system for greenhouse gas emission allowances (the Regulation), which came into force on January 1, 2012 and is based on the rules established by the Western Climate Initiative (WCI).

With the adoption of the Regulation, Québec officially steps to the starting line next to California. The first year of implementation of the system will be a transition year, which will allow emitters and participants to familiarize themselves with how the system works.  In particular, 2012 will provide emitters and participants with opportunities to register with the system, take part in pilot auctions and buy and sell greenhouse gas (GHG) emission allowances in the market. No reduction or capping of GHG emissions will be required during this transition year. Over the course of the year, emitters will also be able to make any adjustments that may be necessary to meet their emission reduction obligations, which will come into force on January 1, 2013.  Starting on January 1, 2013, some 75 operators in Québec (primarily in the industrial and electricity sectors) whose annual GHG emissions equal or exceed the annual threshold of 25,000 tonnes of carbon dioxide equivalent (CO2e), will be subject to the capping and reduction of their GHG emissions.

It should be noted that starting in 2015, companies which import or distribute in Québec fuels that are used in the transportation and building sectors (and whose combustion generates an amount of GHGs greater than or equal to 25,000 tonnes of CO2e per year) will also be subject to the capping and reduction of their emissions.

For all participating WCI members, the adoption of a cap-and-trade regulation a cap is the first of two key steps towards the establishment of a regional North American carbon market. The second step will consist of concluding a series of recognition agreements, among the different partners, to link their systems together.

BC and Ontario in the meantime continue to dither on whether to join the cap-and-trade scheme and businesses in those provinces are losing out on key opportunities to participate in the transitional market, recently valued for 2012 at almost US$ 800 million by Thomson Reuters Point Carbon. By finalizing their cap-and-trade regulations in a timely way, BC and Ontario could continue to be leaders in regional efforts to reduce GHG emissions and to spur technological innovation in their provinces.
 
 

Québec releases draft cap-and-trade regulation

 
On July 6, 2011, Québec’s Ministry of Sustainable Development, Environment and Parks announced the publication of a draft regulation to facilitate the implementation of its cap-and-trade system based on the Western Climate Initiative (WCI) guidelines. The regulation is now undergoing public consultation for a period of 60 days.

The regulation to be adopted following consultation will enable Québec to implement its carbon market as early as January 1, 2012. The first year will be transitional in nature, allowing emitters and market participants to familiarize themselves with how the system will work. They will be able to register as system users, take part in pilot project auctions and buy/sell greenhouse gas emission allowances through the market. This phase will also enable partners to make any required fine-tuning in order to make a smooth transition to their obligations under the cap-and-trade system that will come into force on January 1, 2013.

Industrial facilities that emit 25,000 or more tons of carbon dioxide equivalent annually will be subject to the system for capping and reducing their emissions.

The draft regulation is available here.