Sectoral Regulatory Regimes PDF

1 Chapter 6: Sectoral Regulatory Regimes Copyright © 2020 Emond Montgomery Publications. All rights reserved.  2 Objective: Discuss important Sectoral Regulations Fossil fuels Nuclear Energy Mining and Aggregates Fish...

1 Chapter 6: Sectoral Regulatory Regimes Copyright © 2020 Emond Montgomery Publications. All rights reserved.  2 Objective: Discuss important Sectoral Regulations Fossil fuels Nuclear Energy Mining and Aggregates Fisheries Forestry Agriculture Pesticides Biotechnology and Genetic Engineering  3 Fossil Fuels Environmental regulation occurs primarily 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 latitude 60° Federal and provincial government regulation is harmonized in the Atlantic offshore region Copyright © 2020 Emond Montgomery Publications. All rights reserved.  4 Oil and Gas Alberta is Canada’s largest producer and, as such, has the most sophisticated regulatory system: the Alberta Energy Regulator (AER) Enforces specific prohibitions against hydrocarbon releases to land, water, and air using a “Compliance Dashboard” and enforcement and compliance tools British Columbia and Saskatchewan have similar oil and gas tribunals Copyright © 2020 Emond Montgomery Publications. All rights reserved.  5 Coal Both the federal and provincial governments regulate coal The federal government: Regulates interprovincial and international trade and commerce Manages non-renewable resources on federal lands Has jurisdiction over interprovincial and international emissions Copyright © 2020 Emond Montgomery Publications. All rights reserved.  6 Provincial governments: Govern exploration, development, and conservation Govern management of non-renewable resources and energy Copyright © 2020 Emond Montgomery Publications. All rights reserved.  7 Key federal legislation includes Canadian Energy Regulator Act Fisheries Act Migratory Birds Convention Act Canadian Environmental Protection Act, 1999, Impact Assessment Act Copyright © 2020 Emond Montgomery Publications. All rights reserved.  8 Nuclear Energy The debate over nuclear power in Canada centres 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, as well as human and national security risks Copyright © 2020 Emond Montgomery Publications. All rights reserved.  9 Other concerns include: The location of nuclear power plants The transportation of radioactive fuel and waste Importing used fuel from other countries Copyright © 2020 Emond Montgomery Publications. All rights reserved.  10 International regulation: Canada is a signatory to international agreements governing a number of areas related to nuclear energy Canada is not always in compliance – Canada had failed to comply with treaties covering nuclear liability in the event of an accident Copyright © 2020 Emond Montgomery Publications. All rights reserved.  11 Federal regulation: Nuclear energy is primarily a federal responsibility The Nuclear Safety and Control Act sets out obligations overseen by the Canadian Nuclear Safety Commission Copyright © 2020 Emond Montgomery Publications. All rights reserved.  12 Mining and Aggregates Mining and aggregates have many economic benefits but also have environmental effects Jurisdiction over mining regulation is primarily provincial, except for mines on federal lands and uranium mines Mining is governed by statutes and regulations such as the Ontario Mining Act Copyright © 2020 Emond Montgomery Publications. All rights reserved.  13 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 Copyright © 2020 Emond Montgomery Publications. All rights reserved.  14 Fisheries Many of Canada’s fisheries laws are derived from international obligations The federal government has primary jurisdiction, but interacts closely with the provinces on most matters Copyright © 2020 Emond Montgomery Publications. All rights reserved.  15 The Fisheries Act is the primary legislation that governs fisheries in Canada Applies to all waters in the fishing zones, all waters in the territorial seas, and all internal waters of Canada Often chosen for prosecution of environmental offences because of its habitat protection and pollution prevention provisions Some provincial legislation also governs aspects of fisheries – largely licensing and management Copyright © 2020 Emond Montgomery Publications. All rights reserved.  16 Forestry Provinces have primary jurisdiction on forests under constitutional, property, public lands management and sale, and “development, conservation and management” powers Federal jurisdiction includes Indigenous lands, fisheries, trade, federal property, and “national concerns” powers Copyright © 2020 Emond Montgomery Publications. All rights reserved.  17 Policies have shifted from maximizing commercial wood fibre production to including ecosystem management The rights of Indigenous Peoples are significant in forestry management and protection. The Crown has a duty to consult and accommodate when these rights are infringed. Copyright © 2020 Emond Montgomery Publications. All rights reserved.  18 Agriculture Federal and provincial governments share responsibility for the regulation of agriculture, which can damage biodiversity and contaminate the surrounding environment Other concerns include use of chemical pesticides, genetically modified organisms, use of antibiotics, and residential and commercial development Copyright © 2020 Emond Montgomery Publications. All rights reserved.  19 For example, after Walkerton, the Ontario government developed new laws to better protect water from intensive agriculture The Nutrient Management Act established rules for the appropriate application of manure and other nutrients The Clean Water Act assists communities in developing plans to protect watersheds from threats to drinking water (including agriculture) Copyright © 2020 Emond Montgomery Publications. All rights reserved.  20 Aquaculture Aquaculture may contribute to a range of harmful environmental effects, including: Water and sediment pollution Depletion of wild fish Negative effects on biodiversity Canadian laws governing aquaculture try to balance the economic value of the fisheries industry with the need to protect the environment Copyright © 2020 Emond Montgomery Publications. All rights reserved.  21 Federal and provincial governments share regulatory responsibility, but gaps remain The federal government, working with the provinces and territories, has develop five strategic action plans for sustainable aquaculture development Many provincial governments administer their own license and permit programs Copyright © 2020 Emond Montgomery Publications. All rights reserved.  22 Pesticides Pesticides are used for: crop and forestry production, property protection, aesthetics In the 1960s, pesticides were found to be persistent in the environment, and a group of them were termed “persistent organic pollutants” (POPs) POPs have now been banned in many countries (including Canada) Copyright © 2020 Emond Montgomery Publications. All rights reserved.  23 Canada’s approach to pesticide regulation has been influenced by international law, such as the precautionary principle, the Commission for Environmental Cooperation, and the Stockholm Convention on Persistent Organic Pollutants In order to use a pest control product, it must be registered by Health Canada through the Pest Management Regulatory Agency Copyright © 2020 Emond Montgomery Publications. All rights reserved.  24 Provinces and territories regulate pesticide use, such as through classification systems and training and licensing requirements A growing number of municipalities have passed bylaws to control and reduce pesticide use within their boundaries Copyright © 2020 Emond Montgomery Publications. All rights reserved.  25 Biotechnology and Genetic Engineering Concerns emphasize that we rarely know how a new life form will interact with the natural environment Federal government determined that biotechnology will be governed within the existing framework of legislation and regulatory agencies For example, if the product of genetic engineering is food, food safety regulations would apply Copyright © 2020 Emond Montgomery Publications. All rights reserved.  26 The regulatory framework is designed to conform to the product-based approach, which is in contrast to the European Union’s process-based approach The novelty threshold: products (genetically modified or not) are subject to an assessment if they are considered novel Copyright © 2020 Emond Montgomery Publications. All rights reserved.