Removing the consumer carbon price from Canadian law
Backgrounder
The Government of Canada is proposing legislative amendments that would permanently repeal the fuel charge framework under Part 1 of the Greenhouse Gas Pollution Pricing Act (GGPPA) in the following four phases to ensure an orderly process for charge payers. These proposed amendments follow the regulations made in March that already ceased the application of the federal fuel charge, effective April 1, 2025.
Phase 1: Charging Provisions Repealed effective April 1, 2025
Effective April 1, 2025, nearly all charging provisions would be retroactively repealed, to reflect in legislation what has already been accomplished by regulations.
The only remaining charging provision would be a special rule for certain railways in respect of past fuel charge consumption that needs to be trued-up. Certain railways pay fuel charge based on estimates and must perform a true-up exercise on their fuel charge obligations in respect of the previous year. This provision would remain until October 1, 2025 to allow for this exercise to take place in respect of fuel charge obligations incurred prior to April 1, 2025.
Phase 2: Rebate Provisions Repealed effective October 1, 2025
Effective October 1, 2025, all rebate provisions would be repealed. Certain uses of fuel after April 1 but prior to October 1 may give right to a rebate (e.g., fuel charge embedded fuel that is exported during this period). This aligns with the treatment of rebates under the regulations made in March 2025.
Rebates for charge paid in error and rebates for reassessment (e.g., to correct accounting mistakes in returns) would continue to be available until the final repeal phase.
Phase 3: Registration Provisions Repealed effective November 1, 2025
Effective November 1, 2025, all registration provisions would be repealed. This would give registrants until October 31, 2025, to file returns to claim rebates arising before October 1, 2025. Beyond this date, registration rules are no longer needed.
Phase 4: Remaining Provisions Repealed effective April 1, 2035
Effective April 1, 2035, the remaining provisions of Part 1 of the GGPPA would be repealed, including definitions, interpretation rules, administrative and procedural rules, etc. This would provide continuity and certainty for final wind down activities, including CRA administrative processes that may continue to rely on existing rules. Subject to the normal limitation periods in the Act, the CRA would also continue to have legal authority to make reassessments, and charge payers to file amended returns, in respect of fuel charge obligations that accrued prior to April 1, 2025.