Canada’s Clean Economy Tax Credits Receive Royal Assent

In order to encourage early adoption of clean technologies across Canada, and in response to the significant clean-technology incentives promulgated under the U.S. Inflation Reduction Act, the Federal Government of Canada introduced the following refundable, clean economy investment tax credits (“ITCs“) over the course of Budgets 2022 to 2024:

  1. Clean Technology (“Clean Tech“) ITC
  2. Carbon Capture, Utilization and Storage (“CCUS“) ITC
  3. Clean Hydrogen (“CH“) ITC
  4. Clean Technology Manufacturing (“CTM“) ITC
  5. Clean Electricity ITC

On Thursday, June 20, 2024, the enabling legislation for the first four of the above five ITCs (Bill C-59 and Bill C-69) received royal assent – an important legislative step toward the enactment of legislation which will have wide ranging impact across many key Canadian industry verticals.

The following provides a high-level summary of these four ITCs. Our bulletins for Budget 2022Budget 2023Fall Economic Statement 2023 and Budget 2024 contain details regarding the five clean economy ITCs. Some of our recent commentary regarding the potential opportunities available to Canadian firms under U.S. clean-tech incentives can be found here: Tightening American clean vehicle tax credit may create advantage for Canadian firms.

Clean Tech ITC
Timing  Acquired On or after March 28, 2023 and before 2034 On or after March 28, 2023
Becomes available for use  On or after March 28, 2023 and before 2034 In  2034
Prepared or installed  on or after Nov. 28, 2023 / Nov. 28, 2023 /
Meets labour requirements  Yes No Yes No
Clean Tech ITC  30% 20% 15% 5%
Qualifying
taxpayer 
  • Taxable Canadian corporation;
  • REIT; or
  • Taxable Canadian corporation or REIT that is a member of a partnership (subject to partnership rules)

Excludes: individuals, trusts (other than REIT), pension funds

Clean technology property
  1. Situated in Canada and intended for use exclusively in Canada
  2. Has not been previously used, or acquired for use or lease
  3. If the property is leased to another person, that person be a qualifying taxpayer or partnership all members of which are taxable Canadian corporations, and the lease must be in the ordinary course of taxpayer’s business of selling or servicing the property or of financing the acquisition of the property
  4. Types of qualifying equipment:
    1. Electricity generation systems, including solar, wind and water (small hydro, run-of-river, wave, and tidal);
    2. Fossil-fuel free stationary electricity storage equipment, including batteries, flywheels, supercapacitors, and certain storage;
    3. Low-carbon heat equipment, including active solar heating equipment, air-source heat pumps and ground-source heat pumps;
    4. Industrial zero-emission vehicle and related charging or refueling equipment;
    5. Eligible geothermal equipment, including pipes, pumps, heat exchangers;
    6. Concentrated solar energy equipment  used all or substantially all to generate heat or electricity, or a combination, exclusively from concentrated sunlight; or
    7. Small modular nuclear reactors  used all or substantially all to generate electrical energy or heat energy, or a combination, from nuclear fission.
Filing requirements File prescribed form within 1 year after filing-due date for the taxation year (no late filings)
Recapture  10 calendar years
CCUS ITC
Timing Qualified CCUS Expenditure incurred 2022 – 2030 2031 – 2040
Property prepared or installed on or after Nov. 28, 2023 / Nov. 28, 2023 /
Meets labour requirements Yes No Yes No
CCUS ITC CCUS projects capturing carbon dioxide directly from ambient air 60% 50% 30% 20%
CCUS projects capturing carbon dioxide other than directly from ambient air 50% 40% 25% 15%
CCUS projects transporting, storing, or using carbon dioxide 37.5% 27.5% 18.75% 8.75%
Qualifying
taxpayer
  • Taxable Canadian corporation; or
  • Taxable Canadian corporation that is a member of a partnership (subject to partnership rules)

Excludes: individuals, trusts, tax-exempt entities (e.g., pension funds, REIT)

Qualified CCUS expenditure Expenditures must relate to a qualified CCUS project and fall into one of the following four categories:

  1. carbon capture expenditure
  2. carbon transportation expenditure
  3. carbon storage expenditure
  4. carbon use expenditure
Types of CCUS ITC
  • Cumulative CCUS development tax credit: expenses incurred before the first day of commercial operations
  • CCUS refurbishment tax credit: expenses incurred after the first day of commercial operations
Eligible jurisdiction Currently available for storage in:

  • British Columbia
  • Alberta
  • Saskatchewan
Filing requirement File prescribed form on or before filing-due date (late filings may be accepted until 1 year after the filing-due date)
Non-tax obligations
  • Knowledge sharing reports
  • Climate risk disclosure
CH ITC
Timing Acquired On or after March 28, 2023 and before 2034 On or after March 28, 2023
Becomes available for use On or after March 28, 2023 and before 2034 In 2034
Prepared or installed on or after Nov. 28, 2023 / Nov. 28, 2023 /
Meets labour requirements Yes No Yes No
CH ITC (excl. clean ammonia equipment) CI < 0.75 40% 30% 20% 10%
0.75 ≤ CI < 2 25% 15% 12.5% 2.5%
2 ≤ CI < 4 15% 5% 7.5% Nil
CH ITC (clean ammonia equipment) CI ≤ 4 15% 5% 7.5% Nil
Qualifying
taxpayer
  • Taxable Canadian corporation; or
  • Taxable Canadian corporation that is a member of a partnership (subject to partnership rules)

Excludes: individuals, trusts, tax-exempt entities (e.g., pension funds, REIT)

Eligible clean hydrogen property
  1. Use in connection with a qualified clean hydrogen project (government verification required) of the acquiring taxpayer in Canada
  2. Has not been previously used, or acquired for use or lease
  3. Situated in Canada
  4. Types of qualifying equipment:
    1. Electrolysis equipment used all or substantially all to produce hydrogen through electrolysis of water ;
    2. Natural gas reforming equipment used all or substantially all to produce hydrogen through natural gas reforming, including certain specified equipment;
    3. Clean ammonia equipment used for the sole purpose of producing ammonia;
    4. Dual-use electricity and heat equipment that is part of a clean hydrogen project and that supports the production of hydrogen by reforming natural gas and that is certain energy generation equipment, certain electrical transmission equipment, or certain energy distribution equipment;
    5. Dual-use hydrogen and ammonia equipment that is part of a clean hydrogen project used for the generation of oxygen and nitrogen to be used in both hydrogen and ammonia production;
    6. Integrated ancillary equipment to any of the equipment described above and used solely to support the functioning of such equipment within a hydrogen or ammonia production process as part of certain specified subsystems; or
    7. Safety and monitoring equipment used as part of a control, monitoring or safety system solely to support any of the equipment descried above.
  5. Cannot be excluded property
Filing requirement File prescribed form within 1 year after filing-due date (no late filings)
Annual reporting obligations
  • Information reporting
  • CI reporting
Recapture 20 calendar years
CTM ITC
Timing

(property acquired and becomes available for use)

2024 – 2031 2032 2033 2034
CTM ITC 30% 20% 10% 5%
Qualifying
taxpayer
  • Taxable Canadian corporation; or
  • Taxable Canadian corporation that is a member of a partnership (subject to partnership rules)

Excludes: individuals, trusts, tax-exempt entities (e.g., pension funds, REIT)

CTM property
  1. Situated in Canada and intended for use exclusively in Canada
  2. Has not been previously used, or acquired for use or lease
  3. If the property is leased to another person, that person be a qualifying taxpayer or partnership all members of which are taxable Canadian corporations, and the lease must be in the ordinary course of carrying on a business in Canada by taxpayer whose principal business is one of the specified activities (or any combination thereof)
  4. Types of qualifying equipment:
    1. Certain machinery and equipment used for manufacturing or processing
    2. Certain tangible property attached to buildings and other structures used for manufacturing or processing or that is required for machinery or equipment
    3. Certain property used for mineral extraction and processing:
    4. Certain specialized tolling
    5. Certain non-road vehicles and automotive equipment
CTM use The use of the property must be:

  • all or substantially all for certain qualified zero-emission technology manufacturing activities; or
  • in a qualifying mineral activity producing all or substantially all qualifying materials (i.e., lithium, cobalt, nickel, copper, rare earth elements; and graphite).
Filing requirement File prescribed form within 1 year after filing-due date (no late filings)
Recapture  10 calendar years

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Authors: Xin Jiang, Laura Gheorghiu

Gowling WLG