The Government of Alberta initiated a constitutional reference challenging the validity of Canada's Clean Electricity Regulations (SOR/2024-263), which aim to reduce GHG emissions from the electricity sector as part of Canada's climate-change and net-zero strategy. Alberta argues that the regulations intrude on provincial authority over electricity generation and natural resources, while Canada maintains that the regulations are a valid exercise of federal legislative power, including the criminal law power.
In a January 8, 2026 case-management decision, the court addressed intervention applications by Climate Action Network Canada, the Pembina Institute, the David Suzuki Foundation, and Clean Energy Canada, applications to supplement the evidentiary record, and scheduling of the reference hearing. The Court granted intervenor status to the Pembina Institute, the David Suzuki Foundation, and Clean Energy Canada, denied intervenor status to Climate Action Network Canada, and allowed the David Suzuki Foundation to file a limited expert report. The final scheduled target date for the hearing of this Reference will be amended from June 2026 to Fall 2026.
- Climate Litigation Database
- /
- Search
- /
- Canada
- /
- Reference Re Clean Electricity Regulations
Reference Re Clean Electricity Regulations
About this case
Filing year
2025
Status
Pending
Geography
Court/admin entity
Canada → Alberta Court of Appeal
Case category
Suits against governments (Global) → Energy and power (Global)Suits against governments (Global) → GHG emissions reduction and trading (Global)Suits against governments (Global) → Trade and Investment (Global) → Climate-justified measures (Global)
Principal law
Canada → Clean Electricity Regulations SOR/2024-263Canada → Constitution of Canada → Constitution Act, 1867Canada → The Canadian Environmental Protection Act 1999 (CEPA 1999) (S.C. 1999, c. 33)
At issue
Whether the federal Clean Electricity Regulations are constitutionally valid, including whether they fall within Parliament's legislative authority (such as the criminal law power) or impermissibly intrude upon provincial jurisdiction over electricity systems and natural resources.
Documents
Filing Date
Document
Type
01/08/2026
Applications to intervene by Climate Action Network Canada, Pembina Institute for Appropriate Development, David Suzuki Foundation, and Clean Energy Canada; and applications by Pembina Institute and Suzuki Foundation to supplement the Record;
Application