The Canadian government’s suite of refundable clean economy investment tax credits (ITCs) represents a shift in how large-scale decarbonization projects in Canada will be financed. Crucially, these provisions extend the financial benefit of the credits to entities that are exempt from income tax, unlocking capital for the national clean energy transition.

For the commercial real estate sector, particularly in the high-emissions environment of Canada’s major urban centres, this change is not just welcome—it is important for accelerating the necessary decarbonization of office towers.

The decarbonization imperative for office towers

The urgency to retrofit Canada’s commercial buildings to meet ambitious net-zero targets is immediate. Major cities like Toronto, Vancouver, and Montreal rely heavily on older, energy-intensive office stock. Upgrading these assets—by replacing natural gas boilers with high-efficiency air-source, deep water or ground-source heat pumps or installing on or off-site solar PV systems—requires immense upfront capital expenditure.

This challenge was the central theme of Gowling WLG’s 2024 Annual Energy Dinner which explored the need for innovative financing tools to help decarbonize built infrastructure. The introduction of the refundable Clean Technology ITC (CT ITC) and the Clean Electricity ITC (CE ITC) directly addresses this barrier by reducing the effective cost of eligible equipment by up to 30% and up to 15%, respectively.

How the ITCs apply to commercial real estate

The Clean Technology ITC is particularly relevant to office tower retrofits, as eligible property specifically includes:

  • Low-carbon heating equipment, such as high-efficiency air-source and ground-source heat pumps.
  • Stationary electricity storage equipment.
  • Equipment used to generate electricity from renewable sources, such as solar PV panels.

The refundable nature of these credits is what provides the essential financial benefit to non-taxable investors and flow-through entities.

The flow-through mechanism for non-taxable investors

For many significant clean economy investments, the ultimate source of capital comes from entities that do not pay traditional income tax, such as pension funds (which often invest via Limited Partnerships and REITs), municipalities, and Indigenous governments. The ITC structure for CT ITC and CE ITC ensures that the credit’s value is fully realized regardless of the claimant’s tax liability.

Here is how the ITCs flow through to the key non-taxable entities:

Entity type

Eligible ITC claim mechanism

Relevance to office tower decarbonization

REITs (Real Estate Investment Trusts)

Tax legislation explicitly includes REITs as eligible claimants for the refundable CT ITC. If the REIT incurs the capital cost for eligible clean technology (like heat pumps), it can claim the refundable credit directly. The credit's cash value then effectively enhances the REIT's cash flow, benefiting its unitholders, many of whom are pension funds or other tax-exempts.

REITs own and manage much of the commercial real estate in major cities. This provision directly lowers the cost of green retrofits for their core assets.

LPs (Limited Partnerships)

Flow-through to eligible partners. LPs are flow-through entities. The ITC is calculated at the partnership level and allocated to the partners. If a taxable Canadian corporation or an eligible tax-exempt corporation (see below) is a partner, they receive their share of the credit, which is refundable to them.

LPs are a common vehicle for co-investment in large infrastructure and real estate projects.

Municipalities & First Nations

Claim by eligible corporations. The Clean Electricity ITC (and potentially other ITCs via partnership structures) is specifically available to a corporation that is at least 90% owned by one or more Canadian municipalities or Indigenous governments (Aboriginal governments).

This provision supports investment in local district energy systems or community-based power generation/storage projects that can serve commercial buildings.

The position of universities and colleges

The eligibility for universities and colleges depends on the specific ITC and their specific legal structure. The Clean Technology ITC is generally restricted to taxable Canadian corporations and REITs, meaning a direct claim for building retrofits (like heat pumps) by a tax-exempt university is unlikely.

However, the Clean Electricity ITC has a broader claimant base, including provincial and territorial Crown corporations. Universities and colleges that are legally structured as, or controlled by, an eligible public-sector entity (like a provincial Crown corporation) may be able to claim the refundable CE ITC for eligible on-campus clean electricity generation and storage projects, provided the relevant jurisdiction meets the federal commitment requirements.

For the CT ITC, these institutions would need to explore partnership structures with eligible taxable corporations to monetize the credit — something many post-secondary institutions are beginning to do.

Bridging the green financing gap

This refundable ITC regime is fundamentally important for three reasons:

  1. Levelling the playing field: It provides a direct cash incentive that helps Canadian projects compete with subsidies offered in the U.S. and other jurisdictions, encouraging domestic investment in clean technology adoption.
  2. Unlocking tax-exempt capital: By making the credits refundable, the government ensures that Canada's largest pools of patient capital—namely pension funds and institutional investors—can participate in the clean transition without compromising their tax-exempt status.
  3. Driving office tower decarbonization: For REITs, the direct eligibility for the CT ITC turns decarbonization from a pure cost-centre into a partially de-risked capital investment. This significantly accelerates the pace at which major office buildings can adopt technologies like high-efficiency heat pumps, directly addressing the major emissions challenge in our urban cores.

In summary, the new refundable ITC structure transforms the economics of green investment, providing a clear and lucrative path forward for all entities, taxable or otherwise, to invest in a net-zero future.

If you have questions about the refundable ITC regime or its application to your organization, please contact one of the authors.