TORONTO — Ontario’s government plans to repeal sections of a law that require it to set and update greenhouse gas reduction targets, effectively removing a key legislative commitment to tracking and reporting on the province’s climate progress.
The proposed change, included in Thursday’s Fall Economic Statement, targets parts of the 2018 Cap and Trade Cancellation Act — a law that has also become central to a youth-led constitutional court challenge against the province’s climate plan.
1. Background: The 2018 Cap and Trade Cancellation Act
After Premier Doug Ford’s government was elected in 2018, Ontario scrapped the province’s cap-and-trade system and replaced it with a new framework for managing emissions.
The Cap and Trade Cancellation Act required the government to:
- Set and maintain emission reduction targets
- Develop a climate change plan
- Report on progress toward those targets
These measures were intended to ensure transparency and accountability in provincial climate action.
2. What Ontario Plans to Repeal
The fall economic update proposes to eliminate all sections of the act that:
- Mandate setting and updating emissions targets
- Require public reporting on progress
- Compel the province to prepare an updated climate plan
The move would erase the legal foundation for Ontario’s emission reduction accountability framework.
3. Connection to the Youth-Led Climate Challenge
The law has been central to a constitutional challenge launched by a group of young Ontarians, who argue the province’s weak climate plan endangers their lives and future.
Ontario’s Court of Appeal ruled last year that by passing the 2018 law, the government had imposed upon itself a duty to combat climate change in a way consistent with the Charter of Rights and Freedoms.
The repeal could therefore directly affect the ongoing case, which is scheduled to return to court in early December.
4. Government’s Rationale and Response
A spokesperson for Environment Minister Todd McCarthy did not address why the changes were being made, but pointed instead to the province’s investments in:
- Public transit expansion
- Energy efficiency initiatives
- Nuclear power development
“We will continue to make these critical investments that will help grow our economy and protect the environment,” said Alexandru Cioban, the minister’s press secretary.
McCarthy has previously said results matter more than targets, insisting Ontario remains committed to “trying to meet” its 2030 emissions goal.
5. Auditor General’s Findings
An auditor general’s report released earlier this month found that Ontario is:
- Falling further behind on meeting its climate targets
- Failing to release annual progress reports (no update since 2021)
- Reusing outdated data in its 2022 climate plan update
The report concluded that the province’s existing plan lacks scientific justification for its emission estimates and targets.
6. Legal and Environmental Implications
Repealing these sections could weaken Ontario’s climate accountability framework, removing clear benchmarks for measuring progress.
Legal experts suggest it could also complicate the youth-led court case, potentially changing the scope of the government’s obligations under the Charter.
Environmental advocates warn the move further distances Ontario from meeting Canada’s national emission reduction commitments.
7. What Happens Next
The proposed repeal is part of the broader Fall Economic Statement and will proceed through the Legislature’s approval process in the coming weeks.
Meanwhile, new hearings for the youth climate case are scheduled for early December, setting up a pivotal moment in Ontario’s environmental policy landscape.