Q2 | Torys QuarterlySpring 2025

Developments in carbon management projects

The past several years have seen increased investment in carbon management projects, which aim to permanently sequester carbon dioxide (CO2) that would otherwise be emitted to or remain in the atmosphere. Canada has abundant opportunities in this space. According to the Government of Canada’s Carbon Management Strategy, approximately one-seventh of the world’s active large-scale carbon management projects can be found in Canada, although competition for investment is increasing in the United States, European Union and United Kingdom1.

 
A subset of carbon management approaches involves the capture of CO2 either from point sources (such as industrial facilities) or directly from the atmosphere (known as Direct Air Capture or DAC). The Government of Canada has incentivized both approaches through the federal Carbon Capture, Utilization and Storage Investment Tax Credit (CCUS ITC), provided the captured CO2 is geologically sequestered or incorporated into certain concrete production processes2.

The scaling of this carbon management infrastructure will require extensive capital investment in CO2 capture equipment, transportation pipelines and storage facilities, as well as in new generation to supply the power for these energy-intensive facilities. This investment, in turn, will require a continued commitment to strong regulatory frameworks and incentives.

Growth of carbon capture and sequestration (CCS) infrastructure

In Canada, provinces have jurisdiction over subsurface natural resources and thus have primary regulatory authority over CCS activities, including transportation and subsurface sequestration. The exception to this is CO2 pipelines that cross provincial or international boundaries which, like oil and natural gas pipelines, are regulated primarily by the federal government3. Intraprovincial CO2 pipelines and sequestration facilities are subject to the jurisdiction of specialized provincial regulators, such as Saskatchewan’s Ministry of Energy and Resources and the Alberta Energy Regulator. We anticipate the regulation of new CO2 pipelines in other Canadian provinces will also fall to specialized regulators.

According to one study, a CO2 removal industry capable of delivering gigaton-scale removals at net-zero levels could be worth up to $1.2 trillion by 2050.

There are presently five large CO2 transportation pipelines in operation in Canada: the Souris Valley Pipeline, Midale CO2 Pipeline, and Boundary Dam to Weyburn CO2 Pipeline in Saskatchewan, and the Quest project pipeline and Alberta Carbon Trunk Line (ACTL) in Alberta. The advancement of several CCS hubs4 and enhanced oil recovery projects in Alberta and Saskatchewan, in particular, present opportunities for investment in CO2 pipeline and related infrastructure projects. In addition, Ontario has proposed the Geological Carbon Storage Act, a statutory framework for commercial-scale CCS in the province. For further information on some of these developments, please see our article, Cross-country carbon capture and sequestration check-in.

Growing investment in DAC

The development of new CCS infrastructure is unlocking opportunities not only for point source emissions capture but also for new DAC projects that capture CO2 from the atmosphere. As mentioned, eligible expenditures for these projects can take advantage of the CCUS ITC. In addition, in January 2025, Environment Canada and Climate Change (ECCC) released a draft protocol that, if adopted, would allow DAC projects to generate offset credits that could be used in certain Canadian compliance markets, provided that those projects meet criteria for permanence, quantifiability and transparency, among others. To date, DAC projects are predominantly generating credits under voluntary market standards; as of January 2025, over 1.6 million tonnes of DAC carbon credits have been purchased to date at an average price of $470 per tonne5. The draft ECCC protocol marks an important move toward incorporating DAC into the compliance markets. In fact, the draft ECCC protocol is the first proposed government-backed DAC protocol in the world. The proposal follows the Government of Canada’s commitment to purchase at least $10 million in carbon dioxide removal (CDR) services by 2030 through the Low Carbon Fuel Procurement Program. As described in the February 2025 Request for Information, registered DAC projects are eligible for the procurement6.

The growth of DAC represents a significant opportunity within the broader CDR industry. According to a McKinsey study, a CDR industry (including DAC) capable of delivering gigaton-scale removals at net-zero levels could be worth up to $1.2 trillion by 20507.

Conditions for continued growth

In recent years, the market for DAC projects has largely been driven by the demand of a few large corporations seeking CDRs in the voluntary carbon markets to meet their net-zero commitments, including Microsoft, JP Morgan and Next Gen. The market is expected to grow further. A projection by BCG estimates the demand for CDRs in 2030 to be anywhere between 40 to 200 million tons of CO2 (Mt CO2), which far exceeds the expected supply for the same year (approximately 15 to 32 Mt CO2)8. Despite these growing figures, even greater supply and demand will be necessary for companies to meet their carbon commitments and to achieve global decarbonization.

The expansion of the DAC industry will also require—and help enable—continued investment in CO2 transportation and sequestration infrastructure. In Canada, investment to date has been driven in large part by the escalating backstop carbon price implemented by the Greenhouse Gas Pollution Pricing Act. However, the political uncertainty surrounding the upcoming federal election will need to be resolved to help scale investment in this infrastructure. To ensure future growth, regulatory measures (such as integrating CDRs into compliance markets to grow the demand base) will be important, along with the continuation of critical incentives such as the CCUS ITCs. Last, given the energy intensity of CDR facilities, investment in low-cost renewable energy production to support these facilities will be an important factor in the growth of the sector.


  1. Government of Canada, Canada’s Carbon Management Strategy, January 9, 2025.
  2. It is ineligible to use the captured CO2 for enhanced oil recovery.
  3. Future offshore CO2 pipelines in places such as offshore Newfoundland and Labrador are likely to be subject to joint provincial-federal management as a result of the federal government’s jurisdiction over the continental shelf, beneath the low-water mark: see, generally, Reference re Newfoundland Continental Shelf1984 CanLII 132 (SCC) and Ace-Atlantic Container Express Inc, Re1992 CanLII 7103 (NLCA), as well as the Atlantic Canada Accords Acts.
  4. See “Carbon storage hubs in Alberta”, under Carbon capture, utilization and storage - Carbon Sequestration Tenure (The Government of Alberta).
  5. Government of Canada, “Request for Information on Carbon Dioxide Removal”, February 27, 2025.
  6. McKinsey Sustainability, Carbon removals: How to scale a new gigaton industry, December 4, 2023.

To discuss these issues, please contact the author(s).

This publication is a general discussion of certain legal and related developments and should not be relied upon as legal advice. If you require legal advice, we would be pleased to discuss the issues in this publication with you, in the context of your particular circumstances.

For permission to republish this or any other publication, contact Janelle Weed.

© 2025 by Torys LLP.

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