CANADA Law and Practice Contributed by: Laura Duke, Will Shaw and Emma Russell, Lawson Lundell LLP
Lawson Lundell LLP Suite 1600 Cathedral Place 925 West Georgia Street Vancouver, British Columbia V6C 3L2 Canada Tel: +1 604 685 3456 Email: inquiries@lawsonlundell.com Web: www.lawsonlundell.com
1. Regulatory Framework and Law 1.1 Environmental Protection Policies, Principles and Laws In Canada, all levels of government share responsi- bility for the protection of the environment – federal (national), provincial/territorial (regional), municipal (local) and indigenous (over reserve lands and certain lands granted pursuant to treaty agreements). In general, federal laws apply to projects and opera- tions on federal lands or in relation to certain subjects within federal jurisdiction, such as fisheries, ports and federal works and undertakings (often projects crossing multiple provinces/territories – for example, interprovincial pipelines or railways). Key federal laws governing environmental protection include: • the Canadian Environmental Protection Act 1999; • the Fisheries Act; • the Impact Assessment Act; • the Migratory Birds Convention Act 1994; • the Transportation of Dangerous Goods Act; • the Species at Risk Act; and • the Canadian Navigable Waters Act. Provincial/territorial laws generally apply only to those projects or operations located within the specific province or territory. Examples of legislation include: • British Columbia’s Environmental Management Act; • Ontario’s Environmental Protection Act; and • Alberta’s Environmental Protection and Enhance- ment Act.
Practically speaking, owing to Canada’s division of powers, most businesses will be primarily regulated by provincial or territorial environmental law rather than by federal law. Municipalities have narrower jurisdiction to enact envi- ronmental laws within their boundaries, as – unlike provincial and federal governments, which are pro- vided legislative authority in Canada’s Constitution – municipalities are only allowed to pass by-laws where specifically authorised to do so under statute. The specific details of these powers vary by jurisdiction; however, in general, municipalities often regulate in respect of waste disposal and hazardous materials, building codes and business licences. Increasingly, First Nations are also taking an active role in regulating with regard to the environment on reserve lands and sometimes on land granted pursu- ant to treaties with the federal and provincial/territorial governments. This jurisdiction may arise either inde- pendently or through partnerships with provincial or federal authorities (eg, via stewardship agreements). 2. Enforcement Authorities and Mechanisms 2.1 Regulatory Authorities The key federal regulatory authorities in Canada include: • Environment and Climate Change Canada; • Fisheries and Oceans Canada;
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