Sectoral Regulatory Regimes in Canada

Sectoral Regulatory Regimes

• The objective is to discuss important sectoral regulations
• Fossil fuels are primarily regulated at the provincial level
• The federal government regulates oil and gas activities related to interprovincial and export pipelines, and oil and gas resources on Crown land north of 60° latitude
• Federal and provincial regulations are harmonized in the Atlantic offshore region
• Alberta, as Canada's largest oil and gas producer, has the most sophisticated regulatory system: the Alberta Energy Regulator (AER)
• The AER enforces prohibitions against hydrocarbon releases to land, water, and air. They use Compliance Dashboard tools for enforcement and compliance.
• British Columbia and Saskatchewan have similar oil and gas regulatory tribunals
• Both federal and provincial governments regulate coal
• The federal government regulates interprovincial and international coal trade and commerce
• The federal government manages non-renewable resources on federal lands
• The federal government has jurisdiction over interprovincial and international coal emissions
• Provincial governments are responsible for exploration, development, and conservation of non-renewable resources and energy

Key Federal Legislation

• Relevant federal legislation includes:
  • Canadian Energy Regulator Act
  • Fisheries Act
  • Migratory Birds Convention Act
  • Canadian Environmental Protection Act (1999)
  • Impact Assessment Act

Nuclear Energy

• The debate over nuclear power in Canada centers on:
  • The financial cost of nuclear-generated power
  • The risks of a nuclear power plant accident
  • The long-term disposal of nuclear waste
  • The risk of nuclear weapons proliferation
  • Human and national security risks
• Other concerns include:
  • The location of nuclear power plants
  • The transportation of radioactive fuel and waste
  • Importing used fuel from other countries
• Canada is a signatory to international agreements governing nuclear energy, but has not always been in compliance with treaties covering nuclear liability in the event of an accident
• Nuclear energy is primarily a federal responsibility
• The Nuclear Safety and Control Act outlines obligations overseen by the Canadian Nuclear Safety Commission

Mining and Aggregates

• Mining and aggregates have economic benefits but also environmental effects
• Mining regulation is primarily provincial, except for mines on federal lands and uranium mines
• Mining activities are governed by statutes and regulations such as the Ontario Mining Act
• Jurisdiction over aggregate pits and quarries is provincial
• Aggregates include sand, gravel, and crushed stone
• Aggregates are typically regulated under public lands or other statutes
• In Ontario, the Aggregate Resources Act regulates aggregate pits and quarries

Fisheries

• Many of Canada's fisheries laws are derived from international obligations
• The federal government has primary jurisdiction, but interacts closely with the provinces
• The Fisheries Act is the primary legislation governing fisheries in Canada
• This Act applies to all waters in fishing zones, territorial seas, and internal waters of Canada
• It is often used for prosecuting environmental offences, due to its habitat protection and pollution prevention provisions
• Some provincial legislation also governs aspects of fisheries – largely licensing and management

Forestry

• Provinces have primary jurisdiction over forests, including aspects of management, sale, and development, as well as conservation and management.
• Federal jurisdiction includes Indigenous lands, fisheries, trade, federal property, and "national concerns" powers
• Policies have shifted from maximizing commercial wood fibre production to including ecosystem management
• Indigenous Peoples' rights are significant in forestry management and protection. The Crown has a duty to consult and accommodate when these rights are infringed.

Agriculture

• Federal and provincial governments share responsibility for agriculture regulation
• Agriculture can damage biodiversity and contaminate the surrounding environment
• Other concerns include the use of chemical pesticides, genetically modified organisms, antibiotics, and residential and commercial development
• After the Walkerton incident, the Ontario government developed laws to better protect water from intensive agriculture
• The Nutrient Management Act established rules for applying manure
• The Clean Water Act helps communities protect water resources from threats (including agriculture)

Aquaculture

• Aquaculture can contribute to harmful environmental effects, including water and sediment pollution, depletion of wild fish, and negative effects on biodiversity
• Canadian laws governing aquaculture balance the economic value of the fisheries industry with the need to protect the environment
• Federal and provincial governments share regulatory responsibility; however, gaps remain
• The federal government has developed five strategic action plans for sustainable aquaculture in partnership with the provinces and territories
• Many provincial governments administer their own license and permit programs

Pesticides

• Pesticides are used for crop and forestry production, property protection, and aesthetics
• In the 1960s, persistent pesticides were found in the environment. These were called persistent organic pollutants (POPs)
• POPs have now been banned in many countries (including Canada)
• Canada's approach to pesticide regulation is influenced by international law, including the precautionary principle and the Stockholm Convention on Persistent Organic Pollutants
• Pesticide use must be registered by Health Canada through the Pest Management Regulatory Agency
• Provinces and territories regulate pesticide use through classification systems and training requirements
• Municipalities are increasingly passing bylaws to control and reduce pesticide use.

Biotechnology and Genetic Engineering

• Concerns exist over how new lifeforms might interact with the natural environment
• The federal government ensures biotechnology is regulated within existing legislative frameworks and agencies
• For example, if a genetically engineered product is intended for food, food safety regulations will apply
• Product-based regulations are used in contrast to the process-based approach of the European Union
• Products deemed novel are subject to assessments

This quiz explores key regulations governing fossil fuels and coal in Canada, emphasizing the roles of federal and provincial authorities. Learn about the Alberta Energy Regulator (AER) and how regulations are harmonized in different regions, particularly in the Atlantic offshore region. Test your understanding of the regulatory landscape that oversees oil, gas, and coal resources in Canada.