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

by Dianne Saxe on October 17, 2012

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

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Franco DiGiovanni October 19, 2012 at 9:26 am

Interesting presentation – re: Munic vs Prov. have you checked-out Town of Oakville’s Health Protection Air Quality Bylaw. I think it would add an interesting case.

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DSS October 21, 2012 at 4:57 pm

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

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