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ENV 319 (9)
Chapter 3

ENV 319 Chapter Notes - Chapter 3: Royal Assent, Land Claim, Primary And Secondary Legislation

by OneClass24234 , Winter 2013
3 Pages
67 Views
Winter 2013

Department
Environment
Course Code
ENV 319
Professor
David Boyd
Chapter
3

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ENV 319 Book Notes
An Introduction to Environmental Law and Policy in Canada
By: P. Muldoon, A. Lucas, R. Gibson, and P. Pickfield
Chapter 3: The Canadian Legal Framework
Legal Systems (p. 19)
- Two legal systems and two corresponding sets of tradition
- Quebec under…
o Civil Law – applies to private disputes between citizens
oQuebec Public Law – governs relations between citizens and government
- Rest of Canada under common law
The Role of the Constitution (p. 20)
-Constitution – supreme law; highest level in the hierarchy of laws
- Most constitutions (since UN Conference on the Human Environment in 1972) have been amended to add
environmental provisions
- Canada’s constitution does not include the environment
The Constitutional Division of Powers (p. 21) divided between
-Provincial Powers (sections 92 and 109)
oSpecific areas
s. 92(5) – management and sale of public lands
s. 92(8) – municipal institutions
s. 92(13) – property and civil rights
s. 92(16) – matters of a local or private nature
oNatural resources
s. 92A – manage and capture revenues from non-renewable and forestry resources and the
generation of electrical energy
oProprietary interests
os. 109 – vests public lands, minerals, etc with the provincial gov’t (unless federally owned or under
authority of the federal gov’t)
-Federal Powers (section 91)
oSpecific areas
s. 91(2) – trade and commerce
s. 91(3) – taxation power
s. 91(10) – navigation
s. 91(12) – seacoast and fisheries
s. 91(24) – First Nations and Aboriginal Interests
s. 91(27) – criminal law
oGeneral power – “Peace, Order, and good government” of Canada
oTreaty-making power – international negotiations, but cannot implement without constitutional
authority or provincial agreement
Municipal Jurisdiction (p. 23)
- Can pass bylaws drawing from the provincial municipal acts that create them and specify their powers to
legislate
-Purposive interpretive approach – to ensure that municipalities can deal effectively with emergent
environmental problems (i.e. regulating pesticide) within their jurisdiction
Aboriginal Jurisdiction (p. 24)
- Regional jurisdiction based on the inherent right of self-government

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Description
ENV 319 Book Notes An Introduction to Environmental Law and Policy in Canada By: P. Muldoon, A. Lucas, R. Gibson, and P. Pickfield Chapter 3: The Canadian Legal Framework Legal Systems (p. 19) - Two legal systems and two corresponding sets of tradition - Quebec under… o Civil Law – applies to private disputes between citizens o Quebec Public Law – governs relations between citizens and government - Rest of Canada under common law The Role of the Constitution (p. 20) - Constitution – supreme law; highest level in the hierarchy of laws - Most constitutions (since UN Conference on the Human Environment in 1972) have been amended to add environmental provisions - Canada’s constitution does not include the environment The Constitutional Division of Powers (p. 21) divided between - Provincial Powers (sections 92 and 109) o Specific areas  s. 92(5) – management and sale of public lands  s. 92(8) – municipal institutions  s. 92(13) – property and civil rights  s. 92(16) – matters of a local or private nature o Natural resources  s. 92A – manage and capture revenues from non-renewable and forestry resources and the generation of electrical energy o Proprietary interests o s. 109 – vests public lands, minerals, etc with the provincial gov’t (unless federally owned or under authority of the federal gov’t) - Federal Powers (section 91) o Specific areas  s. 91(2) – trade and commerce  s. 91(3) – taxation power  s. 91(10) – navigation  s. 91(12) – seacoast and fisheries  s. 91(24) – First Nations and Aboriginal Interests  s. 91(27) – criminal law o General power – “Peace, Order, and good government” of Canada o Treaty-making power – international negotiations, but cannot implement without constitutional authority or provincial agreement Municipal Jurisdiction (p. 23) - Can pass bylaws drawing from the provincial municipal acts that create them and specify their powers to legislate - Purposive interpretive approach – to ensure that municipalities can deal effectively with emergent environmental problems (i.e. regulating pesticide) within their jurisdiction Aboriginal Jurisdiction (p. 24) - Regional jurisdiction based on the inherent right of self-government - Land claim agreements typically establish an array of land and renewable resource agencies that regulate and manage water use, wildlife, etc Statutes and Subordinate Legislation (p. 24) - Hierarchy of environmental legislation Constitution of Canada Environmental Statutes Subordinate legislation (regulations and rules) made by… Cabinet ministers, municipal governments, and some environmental boards - Governor in council (federal) or lieutenant-governor in council (provincial) to make subordinate legislation in the form of regulations and rules - Statutes provide the legislative framework How Laws are Made (p. 25) - Statutes o Begins with a government’s development of a policy o Legal review – assessment of constitutionality o On federal level – consideration of the po
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