Environmental regulation: Municipalities v province, province v. federal government

What happens when municipal bylaws try to control energy or resource projects authorized by the federal or provincial governments? (They have some scope). How far will the Spraytech precedent take them? Can corporations use federal insolvency laws to cleanse themselves of irksome environmental liabilities, such as contaminated sites? (sometimes). These are the type of jurisdictional conflicts that Dianne discussed during her keynote address at last week’s Hazmat West Conference in Saskatoon. She also discussed shared responsibilities for waste, as in Enviro West v Copper Mountain Mining.

Here is the presentation: Shared Authority, Shared Risks

Comments

    • DSS

      Thank you, Franco. I\’m certainly aware of the bylaw. However, I did not discuss it in the article because it was never tested in court, so its validity remains uncertain.
      Thanks for your comment.
      Dianne

Trackbacks

  1. […] A possibly disturbing conclusion, given the amount of regulatory power municipalities have in light of the Spraytech decision (one could easily see municipal laws which preclude the exercise of treaty or aboriginal rights). In fact, Diane Saxe has a neat little blog post on municipalities v provinces and provinces v feds (http://envirolaw.com/shared-authority-shared-risk/) […]

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