Law360 Canada ( March 25, 2021, 5:01 PM EDT) -- Appeal by Saskatchewan and Ontario from decisions of their respective courts of appeal holding that the Greenhouse Gas Pollution Pricing Act (GGPPA) was constitutional. Appeal by British Columbia from a decision of the Alberta Court of Appeal holding that the GGPPA was unconstitutional. The GGPPA was enacted by Parliament in 2018. Part 1 established a fuel charge that applied to producers, distributors and importers of various types of carbon-based fuel. Part 2 set out a pricing mechanism for industrial greenhouse gas (GHG) emissions by large emissions-intensive industrial facilities. The reference question in each of the appeals was whether the first two parts and the four schedules of the GGPPA were unconstitutional. The GHG pricing mechanism only applied to a province or territory if the Governor in Council determined that its GHG pricing mechanism was insufficiently stringent. The Courts of Appeal of Saskatchewan and Ontario held that the GGPPA was intra vires Parliament on the basis of the national concern doctrine while the Alberta Court of Appeal found the GGPPA was unconstitutional on the basis that the national concern doctrine had no application....