Notes to Chapter 15

ECON 2390

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http://www.hydro.mb.ca/savings_rebates_loans.shtml?WT.mc_id=2014

http://www.hydro.mb.ca/your_home/lighting/overview.shtml?WT.mc_id=2015

http://oee.nrcan.gc.ca/corporate/retrofit-summary.cfm

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Federal Powers

• International and inter-provincial trade

• Taxation

• Expenditures

• Peace order and good government (POGG)

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Provincial Powers

• Public (local works – municipal government)

• Property and civil rights within the provinces

• Natural resources

• Owned lands

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Joint Jurisdiction

• Rowell-Sirois (1938 - 1943)• Federal government had most of the revenue gathering

powers, • Provinces had expanding expenditure (health care,

education, and welfare).• The Commission recommended that

– the federal government take over unemployment insurance and pensions.

– creation of equalization payments and large transfers of money from the federal government to the province each year.

• From this, through the 40’s to today we have shared jurisdiction in Environment and Agriculture

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Role of the Courts

• Primary role is to hear litigation under existing legislation (claims for damages)

• Courts also determine whether an order of government has powers to legislate in a specific area.

• Key issues– Imprecise wording of legislation– Conflicting objectives of federal and provincial

legislation

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Selected parts of CEPAConfusion or clarity?

Toxic SubstancesA substance is toxic if it is entering may enter the

environment in a quantity or concentration or under conditions that:

• have or may have an immediate or long term harmful effect on the environment or its biological diversity;

• constitute or may constitute a danger to the environment on which life depends; or

• constitute or may constitute a danger in Canada to human life or health.