Law360 Canada ( April 17, 2020, 8:32 AM EDT) -- Reference to determine the constitutionality of the Greenhouse Gas Pollution Pricing Act. The purpose of the Act was to mitigate climate change by mandating minimum national standards for pricing of commodities and activities that produced greenhouse gas (GHG) emissions wherever a province did not have in place a provincial GHG pricing system. Part 1 of the Act set a levy on various fuels. Part 2 provided for output-based limits on large industrial emitters that were required to reduce their GHG emissions or pay under the prescribed output-based pricing system if those emissions exceeded certain limits. For Alberta, the combined effect of Parts 1 and 2 covered essentially the entire oil and gas industry. The Executive was given large and liberal discretionary powers vis à vis the existing scheme. There were no limits on what could be covered or on price stringency. Under the Act, this concept was open-ended and entirely subjective. The Executive was also effectively given broad and pervasive discretion to take whatever other steps the Executive decided should be taken to mitigate climate change. Canada argued the Act fell within the national concern doctrine of Parliament’s peace, order and good government power....