Accountability for Ottawa’s carbon tax double standard

Alberta’s government has filed an application at the federal court challenging the constitutionality and legality of Canada’s heating oil carbon tax exemption.

Alberta’s government is standing up against the federal government’s carbon tax exemption for heating oil to protect Albertans from the double standard Ottawa has created with the carbon tax, which means Albertans continue to pay carbon taxes to stay warm in winter.

Last fall, after years of insisting that the carbon tax is applied equally across Canada, the federal government exempted the carbon tax for heating oils, which are used predominantly in Atlantic Canada and Quebec. Over the last year, the federal government has refused multiple requests to grant a similar carve-out on other heating methods from Alberta and others across the country who are also facing rising costs of living.

Alberta’s government will now take this fight to the courts. Alberta filed an application seeking judicial review of the exemption with the Federal Court on Oct. 29, asking the court to declare that the exemption is both unconstitutional and unlawful. The application argues that Ottawa’s carbon tax exemption for heating oil is unconstitutional and inconsistent with the Government of Canada’s stated purpose for enacting the Greenhouse Gas Pollution Pricing Act.

“Last year, Ottawa decided Canadians in the East deserved a three-year break from paying the carbon tax on their home heating costs. While we’re happy for these Canadians, Alberta, Saskatchewan and other provinces who heat their homes with natural gas have been deliberately excluded from these savings. Albertans simply cannot stand by for another winter while the federal government picks and chooses who their carbon tax applies to. Since they won’t play fair, we’re going to take the federal government back to court.”

While the Supreme Court of Canada previously found the Greenhouse Gas Pollution Pricing Act was constitutional, it found that Canada’s jurisdiction to regulate greenhouse gas emissions was limited to the ability to create minimum national standards for carbon pricing for the purpose of reducing greenhouse gas emissions.

Alberta strongly opposes the federal carbon tax exemption on heating oil, as the federal government is no longer creating minimum national standards that apply evenly across the country, and is instead creating a regime that favours one region and fuel type over others.

 “This exemption is not only unfair to the vast majority of Canadians, but it is also unlawful as the federal government does not have the authority to make special exemptions for certain parts of the country under the Greenhouse Gas Pollution Pricing Act. The federal government isn’t even following its own laws now. Someone needs to hold them accountable, and Alberta is stepping up to do just that.”

The federal carbon tax adds to the rising cost of living for all Canadians. By 2030, it will cost Canadians $25 billion every year, in addition to lowering the gross domestic product (GDP) by $9 billion. In addition, the Bank of Canada has estimated that the federal carbon tax increases inflation by 0.15 per cent year over year.

Quick facts

• Since Apr. 1, 2024, Albertans have been paying around 35 cents in federal taxes on every litre of fuel – along with the carbon tax, that also includes the federal excise tax and the GST.
• The following percentage of households use home heating oil by province:
  • Forty per cent in Prince Edward Island
  • Thirty-two per cent in Nova Scotia
  • Eighteen per cent in Newfoundland and Labrador
  • Seven per cent in New Brunswick
  • Four per cent in Quebec
  • Two per cent in Ontario
  • One per cent in British Columbia
  • Less than one per cent in Alberta, Saskatchewan and Manitoba