Environmental Law in Canada - General Introduction PDF

General Introduction §1. GENERAL INFORMATION I. Geography and Population A. Physical Characteristics 1. Second in surface area only to Russia, Canada’s territory of nearly 10 million sq. km encompasses lakes, rivers, mountains, glaciers, tundra, forests and even a desert.1 The country’s coastline extends for 244,000 km along three oceans – the Arctic to the north, the Atlantic to the east, and the Pacific to the west. To the south and northwest (Alaska), Canada shares a boundary of roughly 9,000 km with the United States. Boundary lines remain controversial between Canada and the United States, and between Canada and Denmark in relation to the Beaufort Sea and concerning claims to Hans Island, respectively. Copyright © 2020. Kluwer Law International. All rights reserved. 2. Canada’s northern regions constitute much of its vast territory. Indeed, almost half of Canada’s landmass is classified as subject to permafrost, a condition occurring when ground temperature remains at or below 0°C for at least two years. Permafrost cover is changing significantly as the world’s climate warms.2 Approximately 27% of the Canadian territory is located north of the Arctic tree line. 3. In Canada, forests cover 45% of the land, from the Atlantic to Pacific coast and to the north up to the Arctic tree-line limit.3 Twelve of Canada’s fifteen terrestrial ecozones are forested, with the type and density of forest vegetation varying widely.4 For instance, the Pacific Maritime ecozone includes temperate rainforests, while coniferous trees dominate the mountainous western region and the vast Boreal forest zones.5 Transition zones occur between Boreal forests and the tundra to the north, and the grasslands in the southern Prairie region.6 4. Sixteen per cent of Canada’s land is covered by wetlands, representing roughly one quarter of the world’s wetlands.7 Wetlands are lands permanently or temporarily submerged and permeated by fresh or saltwater, and are the only ecosystem internationally designated for conservation.8 Canada’s wetlands were once widely distributed across the country, but are now virtually non-existent in settled regions due to the previous perception that they were wasteland valuable only when drained or filled in.9 Nevertheless, a wetland region larger in area than Great Britain extends across the subarctic region around Hudson Bay. Benidickson, Jamie. Environmental Law in Canada, Kluwer Law International, 2020. ProQuest Ebook Central, http://ebookcentral.proquest.com/lib/langara-ebooks/detail.action?docID=6486789. Created from langara-ebooks on 2024-01-09 23:34:00. 5. Nearly 9% of Canada’s surface area is covered by freshwater, which is probably the highest percentage coverage in the world.10 Four provinces and territories – Québec, North West Territories (NWT), Ontario and Manitoba – actually have more than 10% of their surface area covered by freshwater. About 2% of Canada’s surface area is covered by glaciers and ice fields. 6. Canada has more lake area than any other country in the world, with 563 lakes exceeding 100 sq. km.11 Five of the world’s ten largest lakes are located partially or entirely within Canada – Lake Superior, Lake Huron, Great Bear Lake, Great Slave Lake, and Lake Erie.12 The Great Lakes system, straddling the Canada-US border, holds 18% of the world’s fresh surface water.13 The country’s longest river is the Mackenzie River, which at over 4,000 km is among the world’s longest.14 The next two longest, the St. Lawrence River and the Yukon River, are both around 3,000 km in length. Canadian rivers annually discharge approximately 9% of the world’s renewable freshwater resources.15 With much of this discharge flowing northwards away from centres of population to the arctic and subarctic regions, water actually available for use in Canada is estimated to represent about 2.6% of world supply.16 7. The proportion of Canadian land devoted to agricultural use is relatively small, being reported as approximately 158.7 million acres in 2016 with around 93.4 million acres in crops.17 Due to climate and soil quality issues, only about 5% of Canadian land – concentrated primarily in Ontario, Saskatchewan and Alberta – is suitable for agriculture.18 Potential agricultural land, however, has been heavily subsumed by urban growth.19 Almost half of Canada’s urban area is located on territory suitable for agriculture.20 Copyright © 2020. Kluwer Law International. All rights reserved. B. Human Population 8. Canada’s population was 35,151,728 at the time of the 2016 census21 and was estimated at approximately 37 million people in 2018.22 More than half the population is concentrated in a small number of urban regions: Toronto and the ‘Golden Horseshoe’ of Southern Ontario; Montreal and its environs; the Calgary-Edmonton corridor; and British Columbia’s Lower Mainland and southern Vancouver Island encompassing Vancouver and Victoria. 9. Canada has one of the lowest population densities in the world, with only 3.9 people per sq. km.23 This statistic reflects the limited settlement of the vast northern regions, which constitute 40% of the territorial landmass but are home to only 0.3% of the population.24 10. Approximately 1.7 million Canadians identify themselves as being of aboriginal ancestry, a general category incorporating First Nations, Inuit and Métis. As of 2016 more than 740,000 people reported themselves as Registered or Treaty Indians with roughly 44% Benidickson, Jamie. Environmental Law in Canada, Kluwer Law International, 2020. ProQuest Ebook Central, http://ebookcentral.proquest.com/lib/langara-ebooks/detail.action?docID=6486789. Created from langara-ebooks on 2024-01-09 23:34:00. living on Reserve lands.25 11. Roughly one in five residents of Canada was born outside the country. The ethnicity of the Canadian population remains predominantly European with more than half of the population descending from immigrants of French, English, Irish or Scottish ancestry, while a further 25% trace their origins to other European countries. People of Asian, African and Arab ethnicity make up around 20% of the current population, but immigration patterns are shifting drastically from traditional European sources.26 The top five source countries for immigration to Canada in 2016 were the Philippines, India, China, Iran and Pakistan.27 Canada accepted 286,479 permanent residents in 2017.28 12. The populations of Canada’s provinces and northern territories, ranked in descending order, are set out below.29 Ontario is by far the most populous province: Copyright © 2020. Kluwer Law International. All rights reserved. (Population in Thousands) Ontario 14,322.80 Québec 8,390.50 British Columbia 4,991.70 Alberta 4,307.10 Manitoba 1,352.20 Saskatchewan 1,162.10 Nova Scotia 959.90 New Brunswick 770.60 Newfoundland & Labrador 525.40 Benidickson, Jamie. Environmental Law in Canada, Kluwer Law International, 2020. ProQuest Ebook Central, http://ebookcentral.proquest.com/lib/langara-ebooks/detail.action?docID=6486789. Created from langara-ebooks on 2024-01-09 23:34:00. Prince Edward Island 153.20 Northwest Territories 44.50 Yukon Territory 40.50 Nunavut 38.40 II. Political and Legal Structure A. Constitutional Framework Copyright © 2020. Kluwer Law International. All rights reserved. 13. Canada is a federal state, originally constituted in 1867 through the enactment of British legislation, the British North America Act which provided for the political union of four provinces. The addition of new provinces and territories continued until 1949 with the introduction of Newfoundland and Labrador to the federation. Devolution of constitutional authority is ongoing with respect to the Northwest Territories, Nunavut and Yukon. In 1982, constitutional amendments resulted in the re-naming of the British North America Act as the Constitution Act, 1867. In addition, the Constitution Act, 1982 introduced the Canadian Charter of Rights and Freedoms and effected other amendments. It is now established that the Constitution of Canada is the supreme law of Canada, and any law that is inconsistent with the provisions of the Constitution is, to the extent of the inconsistency, of no force or effect.30 14. The constitutional division of powers between the federal and provincial governments makes no explicit allocation for the environment. This realm of law making has been described as ‘a constitutionally abstruse matter which does not comfortably fit within the existing division of powers without considerable overlap and uncertainty’.31 Thus, responsibility for the environment is shared between the two levels of government on the basis of its relationship to other areas of constitutional authority.32 The federal government’s environmental powers may be exercised in relation to its assigned constitutional responsibilities including navigation and shipping, section 91(10); sea coast and inland fisheries, section 91(12); Indians and lands reserved for the Indians, section 91(24) as well as residual authority for the Peace, Order and Good Government of Canada. Provincial authority in relation to environmental matters is associated with assigned constitutional Benidickson, Jamie. Environmental Law in Canada, Kluwer Law International, 2020. ProQuest Ebook Central, http://ebookcentral.proquest.com/lib/langara-ebooks/detail.action?docID=6486789. Created from langara-ebooks on 2024-01-09 23:34:00. responsibilities for public lands, section 92(5); municipal institutions, section 92(8); local works and undertakings, section 92(10); property and civil rights, section 92(13); as well as from ownership of public lands and resources, section 109.33 15. The existing aboriginal and treaty rights of the aboriginal peoples in Canada – Indian, Inuit and Métis – were recognized and affirmed in section 35 of the Constitution Act, 1982. In the environmental context, recognition of such rights has implications for the enforceability of certain environmental protection measures and requires appropriate consultative processes in relation to land and resource use in areas affected or potentially affected by aboriginal claims.34 16. At both the federal and provincial levels, the legislative bodies operate on principles of parliamentary responsible government with the prime minister or premier and members of the cabinet or administration selected from the party capable of commanding a voting majority. Parliament at the federal level consists of an elected House of Commons, an appointed Senate, and the Governor General of Canada who confers royal assent on legislation. In recent years there have been some initiatives in the direction of fixed four-year terms for parliament and consideration has been given to alternatives to the established ‘first past the post’ electoral system. B. Courts and Legal Systems Copyright © 2020. Kluwer Law International. All rights reserved. 17. Across the country, Canadian judges serve in courts ranging from provincial courts with specifically circumscribed jurisdiction for family law or criminal matters to senior courts of appeal and the Supreme Court of Canada whose authority encompasses ‘an appellate, civil and criminal jurisdiction within and throughout Canada’.35 18. Many of Canada’s senior courts trace their origins to corresponding British institutions adopted in the colonies.36 Described for convenience as ‘section 96’ courts, a reference to the constitutional source of authority for the appointment of their members, these bodies are understood to exercise inherent general jurisdiction in relation to ‘all civil and criminal, provincial, federal, and constitutional matters’.37 Since Canadian Confederation in 1867 new courts have been statutorily created, including some whose existence is traceable to section 101 of the Constitution Act, 1867, which authorizes Parliament to ‘provide for … a General Court of Appeal for Canada, and for the Establishment of any additional Courts for the better Administration of the Laws of Canada’. In addition to the Supreme Court of Canada, the Federal Court and Federal Court of Appeal are section 101 courts.38 19. Other courts have been established pursuant to provincial constitutional authority for the administration of justice.39 The prosecution of environmental offences would ordinarily be initiated in a provincial court exercising criminal jurisdiction with the opportunity to Benidickson, Jamie. Environmental Law in Canada, Kluwer Law International, 2020. ProQuest Ebook Central, http://ebookcentral.proquest.com/lib/langara-ebooks/detail.action?docID=6486789. Created from langara-ebooks on 2024-01-09 23:34:00. appeal to more senior courts in the hierarchy. 20. The principle of judicial independence, elaborated in Canada on the basis of evolving British tradition40 has been vigorously defended and enhanced in the modern era, notably with reference to section 11(d) of the Charter of Rights and Freedoms which provides that ‘Any person charged with an offence has the right … to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal.’41 Security of tenure is a foundational element of independence, for both federally and provincially appointed judges. It is achieved generally in Canada on the basis of appointments ‘during good behaviour’ or removability from office ‘only for cause’ with procedural safeguards in the form of a judicial inquiry as a precondition of dismissal.42 Beyond security of tenure, elements of judicial independence include administrative control in relation to matters affecting the exercise of the judicial function such as the assignment of judges and court lists, as well as a large measure of financial security.43 21. The common law, a judge-made system of legal ordering, prevails throughout Canada with the exception of the province of Québec. Matters of private law with environmental significance, the law of tort and property, for example, accordingly reflect the evolving articulation by the judiciary of traditional common law principles. In contrast, within Québec, private disputes of this nature are resolved with reference to codified principles set out in the Civil Code of Québec.44 By way of example, while controversy surrounding the use of water might involve discussion of general principles of riparian rights in many of the older common law provinces, Québec residents would have recourse to the corresponding provision of the Civil Code.45 Copyright © 2020. Kluwer Law International. All rights reserved. III. Main Environmental Problems 22. While sustainability provides an underlying framework linking Canadian social and economic development to its environmental foundations,46 specific environmental challenges of varying severity exist across Canada on a national and regional basis. Some of these have been addressed through long-standing initiatives, such as the measures taken to control sources of acid deposition or to remediate contaminated sites around the Great Lakes, but severe new threats have recently emerged. Of particular significance are impacts associated with climate change, notably changes in temperature, precipitation, snow and ice cover, freshwater availability, and sea level. In turn these changes increase risk and vulnerability to biodiversity loss, infrastructure damage or fires and flooding, among other consequences.47 A. Air Quality 23. For the period 2002–2016, ECCC reports that levels of nitrogen oxide NO2, sulphur dioxide SO2 and peak ground level ozone O3 levels decreased. Levels of fine particulate Benidickson, Jamie. Environmental Law in Canada, Kluwer Law International, 2020. ProQuest Ebook Central, http://ebookcentral.proquest.com/lib/langara-ebooks/detail.action?docID=6486789. Created from langara-ebooks on 2024-01-09 23:34:00. matter have appeared to fluctuate, possibly reflecting the introduction of new measurement technology during the period.48 B. Water Quality 24. Surface freshwater quality is monitored at roughly 350 sites, from the perspective of protecting aquatic species, including plant life, rather than with reference to human consumption. On the basis of an overall comparison with other industrialized countries, Canada reported favourable results.49 25. Significant additional investments in municipal wastewater treatment infrastructure are required for upgrades, rehabilitation, repairs and replacements. These have been estimated at above CAD 20 Billion with a further CAD 35 Billion needed for water supply.50 C. Greenhouse Gas Emissions Copyright © 2020. Kluwer Law International. All rights reserved. 26. In 2013, Canada’s total Greenhouse Gas (GHG) emissions were estimated to be 726 megatonnes of carbon dioxide equivalent, up 18% from 1990 and thus well above the target of 563 megatonnes that Canada had previously adopted pursuant to the Kyoto Protocol from which the country subsequently withdrew. National emissions as of 2017 were 716 megatonnes and the country is not on track to meet revised reduction targets of 17% below 2005 levels by 2020. ECCC continues to report progress towards Canada’s Nationally Determined Contribution in the context of the Paris Agreement of a 30% reduction from 2005 levels by 2030.51 Primary energy consumption is associated with the oil and gas sector, 26%; electricity, 11% and buildings, 12%. Agriculture, industrial processes and product use, and waste represented 10%, 10%, and 7%, respectively of Canadian GHG emissions.52 27. Canadian GHG emissions constitute roughly 2% of the global total, and are among the highest on a per capita basis. Since 1990, per capita emissions rose from 22.1 tonnes to a high of 24.3 in 2000 before falling to historic lows of around 20.7 tonnes per capita.53 Anticipated impacts and policy alternatives have been comprehensively surveyed in a number of studies, including work by Natural Resources Canada and under the auspices of federal and provincial Auditors General.54 D. Contaminated Sites 28. Contaminated sites in both urban and rural/remote settings remain a significant challenge despite efforts over an extended period of time to address the situation. On federal Benidickson, Jamie. Environmental Law in Canada, Kluwer Law International, 2020. ProQuest Ebook Central, http://ebookcentral.proquest.com/lib/langara-ebooks/detail.action?docID=6486789. Created from langara-ebooks on 2024-01-09 23:34:00. lands alone, thousands of sites, including approximately 1,000 requiring remedial action or risk management, were identified at airports, government laboratories, ports and harbours, landfills, radar stations and military bases. Costs of remediation have repeatedly been underestimated, resulting in a persistent toxic legacy that threatens to contaminate water, soil and air with consequential health impacts. An ongoing inventory of sites and their status is now being maintained.55 E. Biodiversity and Endangered Species 29. Somewhat surprisingly, in view of the country’s size, there are indications that Canada is experiencing a crisis in biodiversity. At the core of this proposition lies the virtual disappearance of several distinct ecosystems, including the Douglas fir forest of the West Coast, now down to 1% of its original coverage. The tall grass prairie of the central heartland occupies a similar percentage of its pre-settlement range. A mere 3% of the Carolinian hardwood forest of southern Ontario remains intact. Wetlands have been systematically eliminated in many parts of the country.56 30. The Committee on the Status of Endangered Wildlife in Canada (COSEWIC) assesses the condition of wildlife species according to a legislative classification scheme comprised of five defined categories – extinct, extirpated, endangered, threatened, and of special concern. For 2014, COSEWIC totals were as follows for the ten taxonomic groups reported at that time: mammals (77); birds (88); reptiles (44); amphibians (27); fish (159); arthropods (59); molluscs (35); vascular plants (198); mosses (18); and lichens (16).57 Copyright © 2020. Kluwer Law International. All rights reserved. 31. As of July 2019, the Species at Risk registry reports a total of 602 species listed on Schedule 1 of the Species at Risk Act indicating a status of extirpated, endangered, threatened or of special concern.58 With reference to twelve taxonomic groups now reported on Schedule 1, the results are as follows: terrestrial mammals, 37; marine mammals, 24; birds, 88; reptiles, 45; amphibians, 26; freshwater fishes, 60; marine fishes, 13; arthropods, 55; molluscs, 33; vascular plants, 186; mosses, 16; and lichens, 19.59 32. While Canada is home to over 70,000 wild species, the Organisation of Economic Cooperation & Development (OECD) expressed concern about growth in the number of registered species at risk, notably in the case of reptiles, amphibians and mammals. Increased pressure on biodiversity is attributed to urban growth, the expansion of transport corridors, air and water pollution, alien invasives and the intensity of agriculture and forestry in parts of the country.60 In its most recent report on Canada’s environmental performance, the OECD calls for new legislation on the protection and recovery of species at risk with emphasis on priority species.61 Benidickson, Jamie. Environmental Law in Canada, Kluwer Law International, 2020. ProQuest Ebook Central, http://ebookcentral.proquest.com/lib/langara-ebooks/detail.action?docID=6486789. Created from langara-ebooks on 2024-01-09 23:34:00. F. Chemical Releases 33. Canada’s National Pollutant Release Inventory (NPRI) data show an overall decrease in total releases of pollutants to air, water and land by 21% between 2008 and 2017. This overall trend results from a 22% reduction in releases to air (838,000 tonnes) alongside an 8% increase in releases to water (10,000 tonnes) and a 109% increase in releases to land (8,000 tonnes).62 §2. I. BASIC PRINCIPLES OF ENVIRONMENTAL LAW Objectives of Environmental Legislation 34. The objectives of federal and provincial environmental legislation are ordinarily articulated in a preamble or purpose clause. These statutory components provide basic guidance from the perspective of interpretation, but are not considered to have directly binding force. They may be general in nature, making reference, for example, to the objectives of sustainable development or environmental protection, or they may take a more elaborate form associated with operating principles. Copyright © 2020. Kluwer Law International. All rights reserved. 35. New Brunswick’s Clean Air Act illustrates the latter approach, setting out as an overall goal ‘to support and promote the protection, restoration, enhancement and wise use of the environment’ with reference to listed principles including the following: (a) controlling the release of contaminants and ameliorating their impacts is essential to the maintenance of ecosystem integrity, the protection of human health and the general wellbeing of society; (b) in making decisions under this Act and the regulations, the Government of New Brunswick should consider the potential impacts on biotic and abiotic processes that have shaped natural ecosystems over time, and should endeavour to accommodate and sustain such processes; (c) all persons, both individual and corporate, should be encouraged to adopt practices that will prevent or minimize the creation of contaminants; (d) the use of resources and the environment should not compromise the health or the economic or social well-being of future generations; (e) all persons should be responsible for the consequences of their actions on the environment; (f) the Government of New Brunswick should allow all residents of New Brunswick to have access to information about activities that pose or may pose a threat to their health or to the environment; (g) the Government of New Brunswick should provide opportunities for the public to participate in decisions related to matters that pose or may pose a threat to their health or Benidickson, Jamie. Environmental Law in Canada, Kluwer Law International, 2020. ProQuest Ebook Central, http://ebookcentral.proquest.com/lib/langara-ebooks/detail.action?docID=6486789. Created from langara-ebooks on 2024-01-09 23:34:00. to the environment and should consider the advice provided; (h) scientific information should be a fundamental part of the decision-making process in the administration of this Act and the regulations, but lack of full scientific certainty should not delay or deter the implementation of measures to prevent the release of contaminants or the spread of contamination where there are threats of serious or irreversible damage to the environment; (i) the Government of New Brunswick should consider the potential impacts of contaminants released in New Brunswick on ecosystems outside its borders, and should encourage the taking of similar actions by the governments of other jurisdictions; (j) the Government of New Brunswick should consider the principles set out in this section in the development and implementation of all of its regulations, policies, programs and practices.63 Copyright © 2020. Kluwer Law International. All rights reserved. 36. The more recent Nova Scotia Environmental Goals and Sustainable Prosperity Act is distinctive for its incorporation of specific commitments, often accompanied by performance measures and timelines.64 In connection with the stated long-term objective ‘to fully integrate environmental sustainability and economic prosperity’, more precise objectives including the following are set forth in section 4(2): (a) the Province adopts and implements a framework to support a transition to cleaner sources and sustainable uses of energy to produce greater economic, social and environmental benefits for Nova Scotians by supporting and enabling; – energy efficiency and conservation to assist in energy affordability and competitiveness through increased productivity, – sustainable transportation options, – increased renewable energy, – enhanced use of natural gas to displace oil and coal, and – enhanced innovation through globally competitive energy research and development; (b) … (c) an updated energy efficiency rating system for new and existing homes is available in the Nova Scotia Building Code Regulations made under the Building Code Act; (d) all new residential dwelling units constructed in the Province after 1 January 2011 are required to meet energy conservation measures …; (e) the Province continues to work with other levels of government on national emissions standards for greenhouse gases and air pollutants from new motor vehicles …; (f) greenhouse gas emissions are, by 2020, at least 10% below the levels that were emitted in 1990, as outlined in the New England Governors/Eastern Canadian Premiers Climate Change Action Plan 2001; (g) emissions of nitrogen oxides are reduced by – 20% by 2009, – 28% by 2015, and – 44% by 2020, relative to emissions in 2000; (h) sulphur dioxide emissions are reduced by – 50% by 2010, – 58% by 2015, and – 75% by 2020, relative to the 1995–2005 emission allocation; (i) mercury emissions are reduced to no more than – 110 kilograms by 2010, – 100 kilograms by 2011, – 85 kilograms by 2013, – 65 kilograms by 2014, and Benidickson, Jamie. Environmental Law in Canada, Kluwer Law International, 2020. ProQuest Ebook Central, http://ebookcentral.proquest.com/lib/langara-ebooks/detail.action?docID=6486789. Created from langara-ebooks on 2024-01-09 23:34:00. Copyright © 2020. Kluwer Law International. All rights reserved. – 35 kilograms by 2020; (j) the Province meets and maintains the Canada-wide Standards for Particulate Matter (PM) and Ozone …; (k) the Province meets and maintains the Canada-wide Standards for Particulate Matter (PM) and Ozone established by the Canadian Council of Ministers of the Environment for ground-level ozone by 2010; (l) municipal public drinking-water supplies meet the Province’s 2012 treatment standards by 2020; (m) a comprehensive water-resource management strategy is developed by 2010 and implemented accordingly; (n) wastewater treatment facility discharges undergo at least primary treatment by 2020; (o) the solid-waste disposal rate is no greater than 300 kilograms per person per year by 2015 through measures that include the development of new programs and product stewardship regulations; (p) septage treatment facilities are operated in accordance with the Guidelines for the Handling, Treatment and Disposal of Septage as of 2011; (q) a sustainable procurement policy for the Province is developed and adopted by 2009 and implemented accordingly, including by integrating sustainable procurement criteria into Provincial government purchasing and promoting adoption of this approach to the greater public sector in the Province; (r) a government facility is constructed as a demonstration facility in accordance with leading energy efficient design standards by 2015 and used to foster sustainable building practices; (s) the Province develops a strategy by 2014 to advance the growth of the green economy, and implements the strategy accordingly; (t) local food consumption is supported and encouraged, with the goal of 20% of the money spent on food by Nova Scotians being spent on locally produced food by 2020; (u) local food production is supported and encouraged, with the goal of increasing the number of local farms by 5% by 2020; (v) at least 12% of the total land mass of the Province is legally protected by 2015; (w) regulatory tools that use the framework within the Environment Act to stimulate redevelopment of contaminated land and contribute to economic development while protecting the environment are brought into effect …; (x) a policy of preventing net loss of wetlands is established by 2009 and implemented accordingly; and (y) the Province adopts a natural resources strategy by 2010, focusing on the areas of biodiversity, forestry, geological resources and parks, and implements the strategy accordingly. II. Environmental Principles in Canadian Law A. Judicial Status of the Environment 37. Though lacking formal constitutional protection, the environment has been judicially recognized by the Supreme Court of Canada as ‘a public purpose of super-ordinate importance’65 and its protection has been described as ‘one of the major challenges of our time’.66 Elsewhere, the Court has provided indications of the policy considerations underlying such assertions. Thus, it has been stated that ‘[t]he growth of modern societies has shown the serious problems that can result from anarchic development and use of land, in particular those problems concerning public health and the environment’.67 With reference to experience largely external to Canada, the Supreme Court has observed that ‘[t]he spectre of tragedy evoked by such names as Thalidomide, Bhopal, Chernobyl and the Exxon Valdez can leave no doubt as to the potential human and environmental devastation which can result from the violation of regulatory measures’.68 For its part, the Federal Court of Appeal recently remarked that ‘GHGs are harmful to both health and the environment and as such, an evil that justifies the exercise of the criminal law power.’69 Benidickson, Jamie. Environmental Law in Canada, Kluwer Law International, 2020. ProQuest Ebook Central, http://ebookcentral.proquest.com/lib/langara-ebooks/detail.action?docID=6486789. Created from langara-ebooks on 2024-01-09 23:34:00. B. Conservation 38. For previous generations of Canadians the concept of conservation served to describe a policy approach to natural resources, notably forest lands, that was intended to ensure productive use over the long-term. Although the term persisted in the context of Ontario’s Conservation Authorities, for example, or in Alberta’s Energy Resources Conservation Board (now the Alberta Energy Regulator), the original concept has been largely superseded. C. Sustainable Development 39. Canadians Maurice Strong and Jim MacNeill played prominent roles internationally in advancing the principle of sustainability, the former as chair of the United Nations Conference on the Human Environment (Stockholm, 1972) and the latter in his capacity as Secretary General of the World Commission on Environment and Development (WCED). Sustainable development as defined in the WCED’s Report, Our Common Future, has been widely adopted in Canadian legislation.70 The North American Free Trade Agreement (NAFTA or United States-Mexico-Canada Trade Agreement (USMCA)) and its environmental side agreement also endorsed the objective of sustainable development. Copyright © 2020. Kluwer Law International. All rights reserved. 40. Statutory elaboration refers to sustainable development as ‘a continually evolving concept based on the integration of social, economic and environmental concerns’. It may be achieved, according to the Auditor General Act through initiatives aimed at: (a) the integration of the environment and the economy; (b) protecting the health of Canadians; (c) protecting ecosystems; (d) meeting international obligations; (e) promoting equity; (f) an integrated approach to planning and making decisions that take into account the environmental and natural resource costs of different economic options and the economic costs of different environmental and natural resource options; (g) preventing pollution; and (h) respect for nature and the needs of future generations.71 41. The former National Round Table on Environment and the Economy encouraged the development of environment and sustainable development indicators, including a series of natural capital indicators for air quality trends, for water quality, for GHG emissions, for forest cover and for wetlands.72 Environmental sustainability indicators are now reported regularly by ECCC.73 Benidickson, Jamie. Environmental Law in Canada, Kluwer Law International, 2020. ProQuest Ebook Central, http://ebookcentral.proquest.com/lib/langara-ebooks/detail.action?docID=6486789. Created from langara-ebooks on 2024-01-09 23:34:00. 42. In the provincial context operational implementation of sustainable development for such purposes as forest management has been codified in several jurisdictions. In British Columbia sustainable use entails the following: (a) managing forests to meet present needs without compromising the needs of future generations; (b) providing stewardship of forests based on an ethic of respect for the land; (c) balancing productive, spiritual, ecological and recreational values of forests to meet the economic and cultural needs of peoples and communities, including First Nations; (d) conserving biological diversity, soil, water, fish, c, scenic diversity and other forest resources; and (e) restoring damaged ecologies.74 D. Precaution Copyright © 2020. Kluwer Law International. All rights reserved. 43. Recognition of the precautionary principle in the context of international agreements has influenced domestic adoption of precaution in Canada. The Supreme Court of Canada referred specifically to such agreements in upholding municipal precautionary action to control pesticide use by means of local by-law.75 In connection with the interpretation of environmental assessment legislation, precaution has more recently been referred to as a ‘guiding’ principle.76 44. Precaution also appears in legislation both at the federal and provincial levels. In the former context, precaution is incorporated in the Oceans Act, the Pest Control Products Act (PCPA), the Canadian Environmental Assessment Act (CEAA)77 and Canadian Environmental Protection Act (CEPA), 1999, whose preamble records the commitment of the Government of Canada to implementing the precautionary principle, that ‘where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation’. Provincial legislation such as Nova Scotia’s Environment Act and New Brunswick’s Clean Air Act make reference to precaution, while in other provinces the concept has been incorporated in policy statements.78 45. How precaution should be implemented in practice involves consideration of a significant array of factors.79 E. Polluter Pays 46. Judicial discussion of the polluter pays principle indicates that it ‘assigns polluters the Benidickson, Jamie. Environmental Law in Canada, Kluwer Law International, 2020. ProQuest Ebook Central, http://ebookcentral.proquest.com/lib/langara-ebooks/detail.action?docID=6486789. Created from langara-ebooks on 2024-01-09 23:34:00. responsibility for remedying contamination for which they are responsible and imposes on them the direct and immediate costs of pollution. At the same time, polluters are asked to pay more attention to the need to protect ecosystems in the course of their economic activities’.80 Statutory incorporation of the polluter pays principle is widespread.81 As explicitly stated in provincial legislation the polluter pays principle confirms ‘the responsibility of anyone who creates an adverse effect on the environment that is not de minimis to take remedial action and pay for the costs of that action’.82 F. Biodiversity and Ecological Integrity 47. The importance of biodiversity conservation83 informs several areas of Canadian environmental law, notably measures directly aimed at species protection, habitat and landscape issues including protected areas and land-use planning, resource sustainability, and genetic innovation.84 National initiatives, beginning with the 1995 Canadian Biodiversity Strategy, emerged in response to the Convention on Biological Diversity (CBD) and Agenda 21, leading eventually to endangered species legislation at the federal level.85 Copyright © 2020. Kluwer Law International. All rights reserved. 48. Statutory measures to safeguard biodiversity sometimes do so in association with ecological value or integrity. Thus, the Nova Scotia Environment Act which includes the principle of ecological value within the scope of sustainability, describes that value as ‘ensuring the maintenance and restoration of essential ecological processes and the preservation and prevention of loss of biological diversity’.86 Canadian national parks legislation, a fundamental component of the federal effort to safeguard biodiversity, gives priority to the maintenance of ecological integrity, defining that concept as ‘ … a condition that is determined to be characteristic of its natural region and likely to persist, including abiotic components and the composition and abundance of native species and biological communities, rates of change and supporting processes.’87 G. Pollution Prevention 49. Pollution prevention planning represents a systematic and comprehensive approach to the challenge of identifying options to reduce or to avoid the creation of pollution and waste. Pollution prevention measures including planning are provided for in CEPA, 1999. They may be required in relation to toxic substances as designated under the Act, or they may be encouraged through other mechanisms. The federal government established an information resource centre on pollution prevention to offer access to hundreds of technical reports, guides and training documents. In association with other participants in the Canadian Council of Ministers of the Environment (CCME), Environment and Climate Change Canada supported a Pollution Prevention Awards Programme to recognize leadership and Benidickson, Jamie. Environmental Law in Canada, Kluwer Law International, 2020. ProQuest Ebook Central, http://ebookcentral.proquest.com/lib/langara-ebooks/detail.action?docID=6486789. Created from langara-ebooks on 2024-01-09 23:34:00. innovation.88 H. Adaptive Management 50. Adaptive management, a process of continuous learning anchored in the acceptance of uncertainty, originated in an attempt to address two persistent challenges in environmental analysis and management: ‘how one deals with the uncertain, and how lessons learned from management experiences are communicated and incorporated into future management policies and practices’.89 51. The key characteristics of the approach are that it favours action that is experimental and exploratory while accepting the existence of uncertainty and acknowledging the benefits of unexpected occurrences. Adaptive management is flexible and discretionary in relation to means while directed toward general and longer-term goals. Monitoring and evaluation are vital components of ongoing institutional learning, integration and adjustment.90 Examples were found in connection with federal Environmental Assessment (EA) which provided for follow-up programmes whose results ‘may be used for implementing adaptive management measures or for improving the quality of future environmental assessments’.91 Adaptive management, in the Canada-Ontario Agreement on Great Lakes Water Quality, was described among the principles of the agreement as ‘openness, continuous learning, innovation and improvement [to] ensure effective and efficient management of the Agreement’.92 Copyright © 2020. Kluwer Law International. All rights reserved. I. Other Considerations 52. Environmental rights, intergenerational equity and public trust are among the additional principles of environmental law reflected to varying degrees in Canadian law and jurisprudence.93 Indeed, in its June 2017 report on recommended changes to CEPA, 1999 the House of Commons Standing Committee on Environment and Sustainable Development examined environmental rights from substantive and procedural perspectives.94 Risk management frameworks are now widely adopted and their legal implications have come under close attention from the perspective of general regulation including its environmental dimensions.95 §3. I. HISTORICAL BACKGROUND Origins of Environmental Protection in Canada Benidickson, Jamie. Environmental Law in Canada, Kluwer Law International, 2020. ProQuest Ebook Central, http://ebookcentral.proquest.com/lib/langara-ebooks/detail.action?docID=6486789. Created from langara-ebooks on 2024-01-09 23:34:00. 53. Nineteenth century Canadian fisheries legislation, strongly influenced by prior British experience, reflected early Canadian concern with the impact of human activity on the aquatic environment. Long-standing prohibitions against the deposit of deleterious substances, in particular, date from this period.96 Following Confederation in 1867, the country experienced much contentious litigation instigated by ardent anglers over the respective responsibilities of federal and provincial governments for fisheries matters.97 These controversies, in conjunction with elaborate judicial proceedings authorizing constitutionally controversial matters to be referred to the courts for consideration, resulted in an awkward distribution of fisheries management authority between the federal and provincial governments.98 54. Meanwhile, industrial activity, notably relating to the lumber industry, gave rise to environmental concerns associated with the adverse impacts of sawdust and mill refuse that was dumped indiscriminately into the waterways. Parliamentary response culminated in statutory prohibitions against depositing such wastes into navigable waterways.99 Forest and mineral resources, however, were generally viewed as sources of public revenue available for exploitation.100 Copyright © 2020. Kluwer Law International. All rights reserved. 55. Coinciding with the nation-building exercise of railway construction on a transcontinental scale, policy makers perceived the importance of safeguarding certain elements of the country’s natural heritage, albeit with a view to their commercial utilization and enjoyment. Lands around Banff Springs, set aside under order-in-council in 1885, pending a broader framework constituted under the Rocky Mountains Park Act of 1887, established the foundations of the national protected areas regime.101 56. The federal government, exercising authority over natural resources in western Canada, enacted legislation such as the Northwest Irrigation Act to put in place a new framework for water management distinctive in its fundamental principles from the riparian underpinnings of eastern Canadian water law.102 Other provinces, having retained jurisdiction relating to crown lands and natural resources, embarked during the late nineteenth century on fish and wildlife management, and in some instances, began to establish protected areas in the form of forest reserves and parklands.103 57. Beginning in this era, Canadian wildlife law passed through three general stages: the era of ‘Game Management’, the ‘Wildlife Management’ period, and the ‘Sustainable Wildlife Management’ era.104 The evolution has entailed such key features as public ownership of wildlife resources, controls on killing wildlife species, regulation of commercial hunting, resource allocation policies and inter-jurisdictional collaboration.105 58. In the late nineteenth century, game was regarded as a resource to be exploited without apparent constraint on the assumption that the Canadian landscape would eventually be dominated by agricultural activity. No legal protection was afforded wildlife species other Benidickson, Jamie. Environmental Law in Canada, Kluwer Law International, 2020. ProQuest Ebook Central, http://ebookcentral.proquest.com/lib/langara-ebooks/detail.action?docID=6486789. Created from langara-ebooks on 2024-01-09 23:34:00. than game, since non-game species had no economic value. The eradication of predator species was actively encouraged.106 II. Twentieth-Century Developments 59. Later nineteenth- and early twentieth-century developments included more comprehensive and institutional measures to address issues around resource use and conservation along with public health concerns associated with the discovery of bacteria and their role in transmitting disease. The Boundary Waters Commission stimulated policyoriented discussions between Canada and the United States on matters that were subsequently included within the framework of the Boundary Waters Treaty establishing the International Joint Commission (IJC). 60. Scientific interest in forest policy and some indication of conflict between the federal and provincial governments as regulators of the resource stimulated greater public interest in the forest sector.107 Forestry schools were established at the University of Toronto in 1907 and the University of New Brunswick in 1909. These, along with reserves and a more active forestry profession encouraged research into forest conservation and management with the objective of ensuring sustained timber supplies.108 Copyright © 2020. Kluwer Law International. All rights reserved. 61. During the federal administration of Liberal Prime Minister Wilfrid Laurier, a national Commission of Conservation was set up under the leadership and direction of Clifford Sifton. Over the course of its existence, this pioneering institution sponsored research and inventory concerning such matters as water powers in Canada, the extent of the country’s fur, forest and agricultural resources, and convened important gatherings on the relationship of environmental quality to public health.109 62. The Migratory Birds Convention Act (1917) implemented Canadian obligations under the Migratory Birds Convention of 1916 between the United States and Britain, then representing Canada in international affairs. These arrangements established basic protections for waterfowl and other migratory species, generally in the form of a closed season during which hunting was prohibited. 63. The important work conducted through to the 1920s by public officials and researchers echoed in some respects the purposeful activity of American Progressives and contributed to the enduring foundations of certain features of Canada’s environmental protection regime. In conjunction with the United States, Canada pursued measures to safeguard migratory species, and took steps to establish game sanctuaries, although the ambition to hold annual federalprovincial deliberations in the interests of wildlife protection more generally proved less resilient.110 A decidedly more interventionist approach to wildlife management became apparent in this era as officials and scientists, after initially limiting the destruction of certain Benidickson, Jamie. Environmental Law in Canada, Kluwer Law International, 2020. ProQuest Ebook Central, http://ebookcentral.proquest.com/lib/langara-ebooks/detail.action?docID=6486789. Created from langara-ebooks on 2024-01-09 23:34:00. species by means of restrictions on hunting then directed their attention to animal numbers, through efforts at predator control and habitat management. Wildlife management became increasingly scientific, rational and systematic.111 64. Significant environmental controversies began to emerge during the period, with the impact of nickel mining operations at Sudbury, Ontario, most prominent among them. The devastating effects of sulphur fumes on regional forests and agricultural operations resulted in early environmental litigation112 and produced statutory responses such as the creation of ‘pollution easements’ and compulsory arbitration that were more designed to alleviate wartime obstacles to industrial mineral production than to reduce environmental damage.113 65. In the same era, fumes from the facilities at Trail, British Columbia, were drifting across the Canada-US border to set the stage for a pioneering international arbitration decision that continues to influence the course of environmental law.114 When sulphur fumes from the zinc and lead smelting operations of the Consolidated Mining and Smelting Company damaged crops and property in Washington State, US farmers initiated a series of legal actions at the local and international levels, culminating in the classic 1941 award which declared: ‘no State has the right to use or permit the use of its territory in such a manner as to cause injury by fumes in or to the territory of another … when the case is of serious consequence and the injury is established by clear and convincing evidence’.115 66. The public lands of western Canada, in the hands of federal authorities for administration by the Department of Interior, were regarded primarily as providing opportunities for settlement and agriculture116 prior to the transfer of ownership and administration to the provincial governments of Manitoba, Saskatchewan and Alberta under the Natural Resources Transfer Agreement of 1930. Copyright © 2020. Kluwer Law International. All rights reserved. 67. Canadian courts were not often called upon in this era to adjudicate environmental matters, but in one notable example, a riparian claim involving waste from Edmonton and the Saskatchewan River, the Supreme Court forcefully articulated an important legal principle: ‘Pollution is always unlawful and in itself constitutes a nuisance.’117 III. Modern Environmentalism 68. In the period of reconstruction following World War II, matters of recreation and environment came intermittently to public attention although suburban growth, and the extension of the highway network to accommodate automobile travel occasioned widespread environmental impact.118 Air pollution from sulphur fumes and industrial emissions remained problematic in some parts of Canada, though not to the extent that London, England and parts of the United States suffered during the 1950s.119 Common law efforts to contain the adverse effects of urban and industrial development proved to be inadequate Benidickson, Jamie. Environmental Law in Canada, Kluwer Law International, 2020. ProQuest Ebook Central, http://ebookcentral.proquest.com/lib/langara-ebooks/detail.action?docID=6486789. Created from langara-ebooks on 2024-01-09 23:34:00. despite some celebrated judicial successes.120 Regulatory initiatives, including municipal smoke control by-laws and new administrative agencies were introduced, again with limited overall effects.121 Initiatives such as Nature Canada and the Audubon Society of Canada contributed to greater public awareness of wildlife issues and began to undertake advocacy in the interests of species protection. 69. A continuing commitment to facilitate access to northern minerals and timber was evident in an important national conference convened in 1960 to consider ‘Resources for Tomorrow’ in the aftermath of a ‘Northern Vision’ articulated by Conservative Prime Minister John Diefenbaker. Even in this context, however, concerns of the day were voiced about the chemical pollution, the deterioration of agricultural lands, and declining water quality.122 Popular interest in nature was evident in the continued mid-century expansion of Canada’s federal and provincial network of parks and protected areas where attendance or visitorship grew significantly, and in the work of the Dominion Wildlife Service following its creation in 1947.123 From the 1950s onwards, federal parks officials were engaged in policy development leading towards a system of protected areas intended to safeguard representation of the country’s diverse ecological regions.124 70. On the basis of these foundations, Canadian public opinion galvanized during the 1960s. Environmental Non-governmental Organizations (ENGO) proliferated, some emerging from nature-oriented groups, some from the scientific community, while others reflected new developments in citizen participation and advocacy.125 Departments of the Environment were created at both the federal and provincial levels and EA procedures began to emerge. Copyright © 2020. Kluwer Law International. All rights reserved. 71. Canadians were also prominent participants in environmental developments on the international front, including the enactment of the Arctic Waters Pollution Prevention Act and leadership roles at Stockholm Conference and later with the World Commission on Environment and Development. 72. Major conflicts over northern resource developments in the Mackenzie Valley and Quebec’s James Bay region during the 1970s contributed in the form of land claims agreements and consultative procedures to the contemporary framework of environmental decision-making. And, in a variety of settings Canadians became aware of the toxic impacts of commercial and industrial discharges. The most tragic of these included mercury contamination of the staple fish diet of remote Indian communities in northern Ontario where the devastating consequences are still being felt decades after pulp and paper industry wastes poured into the English-Wabigoon River system.126 Centres of population were not immune from the effects of environmental neglect, however, and residents on both sides of the Great Lakes finally began to face up to the severely deteriorated water bodies for whose well-being they share joint responsibility.127 73. The Constitution Act, 1982, clarified the authority of the provinces in relation to Benidickson, Jamie. Environmental Law in Canada, Kluwer Law International, 2020. ProQuest Ebook Central, http://ebookcentral.proquest.com/lib/langara-ebooks/detail.action?docID=6486789. Created from langara-ebooks on 2024-01-09 23:34:00. natural resources and, by recognizing the rights of aboriginal peoples in Canada, set in train a series of legislative and jurisprudential changes with continuing significance for environmental governance. 74. By the 1990s, in Canada, as in the United States and Britain, environmental regulation came in for criticism from a variety of perspectives. In addition to general reservations about government intervention, concerns were expressed about the adverse effects of environmental regulation on Canadian economic competitiveness and about the affordability of the associated administrative framework during periods of budgetary deficit at the federal and provincial levels. Trade agreements, initially between Canada and the United States and then also involving Mexico in NAFTA placed further constraints on government measures to safeguard the environment, although the latter, and the side agreement on environmental cooperation contained environmental principles and established institutions intended to promote elements of sustainability and environmental protection.128 75. By the start of the twenty-first century, and following a series of avoidable environmental misfortunes, a more balanced assessment of regulation came to the fore in the form of ‘smart regulation’. The new approach, by no means a generous endorsement of government’s role in environmental protection, at least represented a softening of the deregulatory impulse. It appeared to recognize instead some role for regulatory initiatives designed to safeguard such public goods as the environment, on the assumption that these would be implemented in a ‘smart’ manner.129 It has nevertheless been difficult to promote and sustain a comprehensive response to such increasingly urgent issues as biodiversity loss and climate change. In the context of the latter, for example, the introduction of carbon pricing mechanisms at the federal level has been vigorously contested on constitutional grounds by several provincial governments, notwithstanding widespread public support for more effective responses to the climate crisis. Copyright © 2020. Kluwer Law International. All rights reserved. §4. ROLE OF GOVERNMENT INSTITUTIONS AND CANADIAN ENGOS IN THE DEVELOPMENT AND ADMINISTRATION OF ENVIRONMENTAL LAW AND POLICY I. Government Departments A. Federal 76. Environment and Climate Change Canada is the federal government department with primary responsibility for the environment. The department is established by statute and carries out duties that have been legislatively assigned to the Minister.130 Those duties, together with associated powers and governmental functions generally encompass environmental matters within the scope of federal parliamentary authority and not otherwise assigned to another federal department or agency. The matters in question include the following: Benidickson, Jamie. Environmental Law in Canada, Kluwer Law International, 2020. ProQuest Ebook Central, http://ebookcentral.proquest.com/lib/langara-ebooks/detail.action?docID=6486789. Created from langara-ebooks on 2024-01-09 23:34:00. – the preservation and enhancement of the quality of the natural environment, including water, air and soil quality; – renewable resources, including migratory birds and other non-domestic flora and fauna; – water; – meteorology; – environmental quality aspects of boundary waters between Canada and the United States associated with rules or regulations made by IJC; and – the coordination of the policies and programmes of the Government of Canada respecting the preservation and enhancement of the quality of the natural environment.131 77. In fulfilling those assigned responsibilities, the Minister is further expected to: Copyright © 2020. Kluwer Law International. All rights reserved. (a) initiate, recommend and undertake programmes, and coordinate programmes of the Government of Canada that are designed: – to promote the establishment or adoption of objectives or standards relating to environmental quality, or to control pollution; – to ensure that new federal projects, programmes and activities are assessed early in the planning process for potential adverse effects on the quality of the natural environment and that a further review is carried out of those projects, programmes and activities that are found to have probable significant adverse effects, and the results thereof taken into account; and – to provide to Canadians environmental information in the public interest; (b) promote and encourage the institution of practices and conduct leading to the better preservation and enhancement of environmental quality, and cooperate with provincial governments or agencies thereof, or any bodies, organizations or persons, in any programmes having similar objects; and (c) advise the heads of departments, boards and agencies of the Government of Canada on all matters pertaining to the preservation and enhancement of the quality of the natural environment.132 Environment Canada also provides leadership and coordination services to support interdepartmental consultations and planning in connection with sustainable development initiatives at the federal level.133 B. Administration of CEPA, 1999 78. Substantive pieces of legislation falling within the scope of Environment Canada’s responsibilities set out more specific responsibilities and direct the manner in which they are to be performed. Benidickson, Jamie. Environmental Law in Canada, Kluwer Law International, 2020. ProQuest Ebook Central, http://ebookcentral.proquest.com/lib/langara-ebooks/detail.action?docID=6486789. Created from langara-ebooks on 2024-01-09 23:34:00. 79. CEPA, 1999 assigns to the Government of Canada a variety of duties related to environmental protection. Many of these responsibilities establish a policy framework for decision-making: application of the precautionary principle; consideration of environmental protection in social and economic decisions; and implementation of an ecosystem approach. Others call for more concrete action, such as: protection of the environment and human health from the risk of any adverse effects of the use and release of toxic substances, pollutants and wastes; and taking preventive and remedial measures to protect, enhance and restore the environment.134 80. CEPA, 1999 also assigns a number of information-gathering responsibilities related to ensuring environmental protection. These include implementing a system for monitoring environmental quality; conducting studies and research related to various forms of environmental contamination; processing data related to environmental quality in Canada; and formulating plans for pollution prevention and abatement.135 81. Other federal departments exercise important environmental responsibilities in connection with their own operational mandates. Health Canada, for example, is heavily involved in research and administration relating to aspects of CEPA, 1999 and also pursues environmental dimensions of its own broader health mandate. Copyright © 2020. Kluwer Law International. All rights reserved. 82. In addition, the departments of Fisheries and Oceans, Natural Resources Canada and Agriculture Canada are among the many federal offices engaged in environmental issues and the promotion of sustainability. Fisheries and Oceans’ environmental responsibilities are exercised in relation to legislation dealing with oceans, fisheries management and marine protected areas. In the case of Natural Resources Canada, the statute assigning responsibilities to the Minister specifically requires that they be performed with ‘regard to the sustainable development and the integrated management’ of Canada’s natural resources.136 Agriculture Canada, formerly involved directly in the administration of national pesticide legislation, has begun to direct its efforts towards the sustainability of agriculture in Canada, with particular reference to soils, water and energy usage. 83. Apart from the exercise of their substantive mandates for the development and administration of environmental legislation, these and other designated federal departments have internal operational responsibilities relating to sustainable development. They will formulate sustainable development strategies periodically, although the actual implementation of such strategies has been criticized by Canada’s Auditor General for lack of consistency. The departments also have responsibility for EAs associated with their activities. C. Provincial 84. Provincial and territorial governments have established ministries or administrative departments to oversee environmental responsibilities within their jurisdiction. Some of these Benidickson, Jamie. Environmental Law in Canada, Kluwer Law International, 2020. ProQuest Ebook Central, http://ebookcentral.proquest.com/lib/langara-ebooks/detail.action?docID=6486789. Created from langara-ebooks on 2024-01-09 23:34:00. are specifically designated as departments of the environment, although other configurations are found. In Québec, the Ministère de l’Environnement et de la Lutte contre les changements climatiques is currently responsible for the following programmes and activities: – Development and implementation of policies, laws, regulations, and programs on: (1) Preventing and reducing water, air, and ground contamination. (2) Combating and adapting to climate change. (3) Ensuring the quality of drinking water. (4) Conserving biodiversity. (5) Reducing, reclaiming, and managing residual materials. – Coordination of the government’s sustainable development initiative within the public service. – Development, coordination, and implementation of strategies for combating and adapting to climate change. – Protecting Québec’s ecosystems and biodiversity through the development of a network of protected areas that include national parks, and safeguarding endangered or vulnerable floristic species and their habitats. – Environmental assessment of projects and strategic evaluation of environmental issues. – Oversight of environmental protection law and regulation enforcement, especially through analysis of authorization and permit applications, inspections, inquiries and legal and administrative recourse. – Land management and integrity of Québec’s public water property, including operating public dams and monitoring dam safety. – Observing and gathering knowledge of ecosystems and their components. – Maintaining intergovernmental and international relations in its areas of interest.137 Copyright © 2020. Kluwer Law International. All rights reserved. 85. The wide range of environmental matters falling within the scope of provincial jurisdiction is such that numerous other ministries exercising administrative responsibility for natural resources, energy, forests, wildlife and so on are also involved in environmental protection. II. Parliamentary Institutions and Advisory Bodies A. Federal Sustainable Development Strategy and the House of Commons Standing Committee on Environment and Sustainable Development 86. The Federal Sustainable Development Act was enacted to provide the legal framework for developing and implementing a Federal Sustainable Development Strategy that will make environmental decision-making more transparent and accountable to Parliament. The legislation called for the creation of such a strategy and for the creation of a Sustainable Benidickson, Jamie. Environmental Law in Canada, Kluwer Law International, 2020. ProQuest Ebook Central, http://ebookcentral.proquest.com/lib/langara-ebooks/detail.action?docID=6486789. Created from langara-ebooks on 2024-01-09 23:34:00. Development Office within the Department of the Environment.138 In 2019 amendments to the legislation elaborated principles relevant to the development of sustainable development strategies, including an affirmation that sustainable development is based on an efficient use of natural, social and economic resources and the need for the Government of Canada to integrate environmental, economic and social factors in the making of all of its decisions. Other principles now included in the legislation include intergenerational equity, the principle of openness and transparency, and the principle of aboriginal involvement.139 87. For its part, ECCC now publishes an updated FSDS every three years. The most recent version set out thirteen goals to promote sustainable development in Canada, including: climate change action to limit global average temperature rise to below 2°C; low-carbon government operations; transitioning to a low-carbon economy; facilitating access to sustainable energy; promoting the health of coasts, oceans, lakes and rivers; sustainable lands and forests management; and access to clean drinking water for all Canadians.140 88. The House of Commons Standing Committee on Environment and Sustainable Development was established by the Standing Orders of the House of Commons.141 The Standing Committee studies and reports on matters referred to it by the House of Commons, or alternatively matters that the Standing Committee decides to examine. Legislation, departmental activities and spending, as well as other matters related to the general subject matter may be referred to the Standing Committee.142 89. Under Standing Order 108(2), the Standing Committee can study the policies, programmes and legislation of departments or agencies assigned to it,143 which include: (a) Environment Canada,144 (b) Parks Canada,145 and the (c) Canadian Environmental Assessment Agency.146 Reports of the Commissioner of the Environment and Sustainable Development (CESD) are also referred to the Standing Committee.147 Copyright © 2020. Kluwer Law International. All rights reserved. B. The Commissioner of the Environment and Sustainable Development 90. The CESD is a senior officer within the public service appointed by the Auditor General of Canada in connection with reporting duties that relate to the environment and sustainable development. The Commissioner performs monitoring and reporting functions concerning the progress of designated federal government departments towards the evolving concept of sustainable development. The Commissioner’s reports, including an assessment of departmental performance in relation to sustainable development strategies and the status of environmental petitions submitted by residents of Canada, are presented annually to the House of Commons, although in recent years the office has provided more frequent reporting, sometimes in collaboration with the work of provincial counterparts.148 Benidickson, Jamie. Environmental Law in Canada, Kluwer Law International, 2020. ProQuest Ebook Central, http://ebookcentral.proquest.com/lib/langara-ebooks/detail.action?docID=6486789. Created from langara-ebooks on 2024-01-09 23:34:00. C. National Round Table on Environment and the Economy 91. The NRTEE was established in order to ‘play the role of catalyst in identifying, explaining and promoting, in all sectors of Canadian society and in all regions of Canada, principles and practices of sustainable development’.149 In pursuing its mandate to improve the quality of environmental and economic policy development, the agency undertook such activities as the following: – advising decision-makers on the best means of integrating environmental and economic considerations into their procedures; – soliciting stakeholder input for the purpose of resolving issues and overcoming barriers to sustainable development; – analytical research, consultation and synthesis of debate on fundamental questions of policy development. The 2012 federal budget dissolved the NRTEE, which ceased operations 31 March 2013.150 D. National Advisory Committee 92. For the purpose of enabling national action to be carried out and taking cooperative action in matters affecting the environment and for the purpose of avoiding duplication in regulatory activity among governments, CEPA, 1999 calls for the creation of a National Advisory Committee: Copyright © 2020. Kluwer Law International. All rights reserved. – to advise on proposed regulations; – to advise on a cooperative, coordinated intergovernmental approach for the management of toxic substances; and – to advise on other environmental matters that are of mutual interest to the Government of Canada and other governments and to which CEPA, 1999 relates. In giving its advice and recommendations, the Committee shall use the precautionary principle.151 93. Comparable bodies are established in connection with other pieces of environmental legislation, the Canadian Endangered Species Conservation Council, for example. III. A. Administrative Agencies National Energy Board: Canada Energy Regulator Benidickson, Jamie. Environmental Law in Canada, Kluwer Law International, 2020. ProQuest Ebook Central, http://ebookcentral.proquest.com/lib/langara-ebooks/detail.action?docID=6486789. Created from langara-ebooks on 2024-01-09 23:34:00. 94. In connection with its authority over licence and permit applications applicable to electricity exports from Canada, international and inter-provincial transmission lines, and the oil and gas industry, the former National Energy Board (NEB; now known as the Canada Energy Regulator) has had occasion to consider the environmental dimensions of these initiatives.152 In the case of electricity exports, certain approvals are embodied in a comparatively streamlined permit process, while more elaborate procedures including public hearings apply where, as determined by the Governor in Council on the recommendation of the NEB, a licence is required.153 The Board’s decision concerning recommendation of the licensing process must be made on the basis of all considerations it considers relevant, formerly including a specific reference to environment.154 In the course of the actual licensing process the Board may consider environmental factors to be relevant although it is not explicitly required to do so.155 It is also within the jurisdiction of the Board to consider the environmental effects in Canada of electricity production in the United States associated with international transmission.156 Copyright © 2020. Kluwer Law International. All rights reserved. 95. The environmental considerations applicable in relation to oil and gas imports and exports are more straightforwardly articulated in legislation. Thus, each export applicant must furnish all information necessary to allow the Board to dispose of the application, including, ‘information respecting the potential environmental effects of the proposed exportation and any social effects that would be directly related to those environmental effects [and] a copy of, or details of the status of, each approval or authorization of a federal, provincial or state government as pertaining to environmental reviews’.157 96. In 2018, the federal government introduced legislation to repeal and replace the National Energy Board Act with the Canadian Energy Regulator Act.158 Under the Act, the new Canada Energy Regulator has assumed additional responsibilities for regulating offshore renewable energy facilitating public input and indigenous consultation. The legislation also separated the NEB’s advisory and adjudication roles in assessing federally regulated energy projects.159 Overall, the legislation set out to establish stronger environmental considerations for approving projects. In determining whether to delay the issuance of a licence for designated international power lines, the Canada Energy Regulator is required to consider ‘the impact of the construction or operation of the power line on the environment’, among other factors.160 Licences for the export of oil and gas would be subject to conditions set out in regulations.161 B. Global Affairs Canada Development Branch 97. Global Affairs Canada’s (GAC) Development Branch assumed responsibilities previously carried out by the Canadian International Development Agency (CIDA) and now provides Canadian overseas aid and development assistance within the overall context of Benidickson, Jamie. Environmental Law in Canada, Kluwer Law International, 2020. ProQuest Ebook Central, http://ebookcentral.proquest.com/lib/langara-ebooks/detail.action?docID=6486789. Created from langara-ebooks on 2024-01-09 23:34:00. Canadian foreign policy. All GAC international aid initiatives are subject to an Environmental Integration Process screening, which assesses programmes based on environmental risk. Considerations in assessing initiatives include water consumption, land usage, energy production, population resettlement, and ecological impact.162 98. Global Affairs has adopted a feminist international assistance policy that is based on the UN’s fifth 2030 Sustainable Development Goal (SDG) – the achievement of gender equality and empowerment of women and girls.163 The development branch’s efforts to advance peace, inclusion and prosperity are informed by this commitment to promote female empowerment. The department’s sustainable development strategy also supports the following SDGs: effective action on climate change; low-carbon government operations; clean growth; healthy coasts and oceans; pristine lakes and rivers; healthy wildlife populations; safe and healthy communities.164 C. International Development Research Centre 99. Within the scope of its overall operations for the 2010–2015 period, International Development Research Centre (IDRC) designated Agriculture and Environment as one of four broad research themes. Specific programmes address agriculture and food security; climate change and water; ecosystems and human health; and environmental economics. In terms of recent accomplishments, IDRC has funded a number of research projects aimed at increasing agricultural productivity and achieving food and water security, while promoting environmental sustainability. Projects supported by IDRC have focused on: Copyright © 2020. Kluwer Law International. All rights reserved. – rainwater and grey water harvesting practices in La Soukra, Tunisia; – carbon emissions in the forest communities of Cross River State, Nigeria; – social and environmental impacts of wastewater technology in Mexico City, Mexico; and – sustainable university campuses. IDRC has also financially aided the development of a planter that will improve the productivity of sorghum farmers in Sudan, and the development of a tool to evaluate locallevel training in the water and sanitation sector, which has been tested in Peru and Nepal.165 D. Export Development Canada 100. At Export Development Canada, the pillars of the environmental policy include a commitment to: – integrate internationally accepted environmental risk management practices into its transaction decision-making process; Benidickson, Jamie. Environmental Law in Canada, Kluwer Law International, 2020. ProQuest Ebook Central, http://ebookcentral.proquest.com/lib/langara-ebooks/detail.action?docID=6486789. Created from langara-ebooks on 2024-01-09 23:34:00. – ensure that transactions comply with host country laws and regulations; – take into account multilateral environmental agreements signed by Canada; – disclose environmental information to ensure public accountability while respecting customer confidentiality. 101. The processes followed to ensure environmental responsibility fall along a spectrum that embraces: – financial officer training of individual transactions; – exporter declarations that they are not aware of any significant environmental consequences of their transactions and/or business; – formal environmental risk reviews by EDCs Environmental Advisory Services team; – application of the recommendations of the ‘Revised Council Recommendation on Common Approaches on Environment and Officially Supported Export Credits’ approved by members of the export credits group of the OECD; – application of the Equator Principles, which is an initiative among commercial banks and international financial institutions to assess and manage environmental and social risks through limited or non-recourse financing; and – EDCs environmental review directive, which is legally binding requirement for larger project-related transactions.166 IV. Intergovernmental Institutions: CCME Copyright © 2020. Kluwer Law International. All rights reserved. 102. Since its incorporation in 1964, Canadian Council of Ministers of the Environment has been administered under a rotating presidency and operates on the basis of consensus.167 The fourteen ministers representing Canada’s provinces, territories and the federal government meet at least annually to discuss national environmental priorities and determine work to be carried out under the auspices of CCME. 103. The agenda consists of national, international and intergovernmental environmental issues that are of interest to a significant portion of CCME member governments. Current strategic priorities include air, climate change, contaminated sites, cumulative effects, environmental emergencies, waste and water.168 V. International Organizations A. The International Joint Commission 104. IJC is a prominent bilateral organization, established pursuant to the Boundary Waters Treaty of 1909, with responsibilities relating to boundary and transboundary waters along the Benidickson, Jamie. Environmental Law in Canada, Kluwer Law International, 2020. ProQuest Ebook Central, http://ebookcentral.proquest.com/lib/langara-ebooks/detail.action?docID=6486789. Created from langara-ebooks on 2024-01-09 23:34:00. Canada-US border. In seeking to prevent and resolve disputes relating to the use and quality of boundary waters, the Commission rules upon applications for approval of projects affecting boundary or transboundary waters and may regulate the operation of these projects. 105. Boundary waters are defined for purposes of the treaty as the waters from the main shore to the main shore of the lakes and rivers and connecting waterways, or the portions thereof, along which the international boundary between the United States and the Dominion of Canada passes, including all bays, arms, and inlets thereof, but not including tributary waters which in their natural channels would flow into such lakes, rivers, and waterways, or waters flowing from such lakes, rivers, and waterways, or the waters of rivers flowing across the boundary.169 106. The IJC assists the two countries in protecting the transboundary environment with particular reference to Article IV of the Boundary Waters Treaty in which it was agreed that ‘the waters … defined as boundary waters and waters flowing across the boundary shall not be polluted on either side to the injury of health or property on the other’. Specific responsibilities in this connection include implementation of the Great Lakes Water Quality Agreement and the improvement of transboundary air quality with reference to provisions of the Canada-US Air Quality Agreement of 1991.170 In addition the IJC will alert the governments of Canada and the United States to emerging issues along the boundary that may give rise to bilateral disputes. Copyright © 2020. Kluwer Law International. All rights reserved. 107. The Commission consists of six members, three appointed by the President of the United States, with the advice and approval of the Senate, and three appointed by the Governor in Council of Canada, on the advice of the Prime Minister. Commissioners are required to apply the terms of the Treaty and are expected to act impartially in reviewing problems and deciding on issues, rather than representing the views of their respective governments. In support of its operations, the Commission has constituted roughly twenty boards and task forces, made up of experts from the United States and Canada. These include the Great Lakes Science Advisory Board, the Air Quality Advisory Board, the Health Professionals Advisory Board, the Red River Board and other regional institutions.171 B. The Commission for Environmental Cooperation 108. The Commission for Environmental Cooperation (CEC) consisting of a Council, a Secretariat and a Joint Public Advisory Committee was established by the governments of Canada, the United States and the United Mexican States alongside arrangements under the North American Free Trade Agreement (NAFTA). In connection with NAFTA, Canada, the United States and Mexico formulated the North American Agreement on Environmental Cooperation (NAAEC)172 in which the three national parties agreed to the following objectives: Benidickson, Jamie. Environmental Law in Canada, Kluwer Law International, 2020. ProQuest Ebook Central, http://ebookcentral.proquest.com/lib/langara-ebooks/detail.action?docID=6486789. Created from langara-ebooks on 2024-01-09 23:34:00. a. foster the protection and improvement of the environment for the well-being of present and future generations; b. promote sustainable development based on cooperation and mutually supportive environmental and economic policies; c. increase cooperation to better conserve, protect, and enhance the environment; d. support the environmental goals and objectives of the NAFTA; e. avoid creating trade distortions or new trade barriers; f. strengthen cooperation on the development and improvement of environmental laws, regulations, procedures, policies and practices; g. enhance compliance with, and enhancement of, environmental laws and regulations; h. promote transparency and public participation in the development of environmental laws, regulations and policies; i. promote economically efficient and effective environmental measures; j. promote pollution prevention policies and practices.173 109. The Council or governing body of the CEC is comprised of Ministers of the Environment for the parties meeting at least annually to discuss environmental matters under the agreement and to oversee the implementation and further elaboration of operations under the NAAEC.174 The Council receives technical, administrative and operational support from a professional Secretariat headed up by an Executive Director appointed on rotating threeyear terms from each of the three national parties.175 A Joint Public Advisory Committee consisting of five members from each of the national parties provides advice to the Council on matters within the scope of the NAAEC.176 Copyright © 2020. Kluwer Law International. All rights reserved. 110. In 2018, the three countries agreed to a revised continental trade pact known as the USMCA. The Agreement would replace the NAAEC with a new Environmental Cooperation Agreement (ECA) that would retain the CEC and its existing structure.177 The Agreement sets out the following objectives: (a) modernize and enhance the effectiveness of environmental cooperation between USMCA parties; (b) use environmental cooperation to promote mutually supportive trade and environmental policies; (c) strengthen cooperation between USMCA parties to conserve, protect, and enhance the environment and address environmental challenges and priorities; (d) promote cooperation and public participation in developing environmental laws, regulations, procedures, policies, and practices; and (e) strengthen cooperation related to compliance with, and enforcement of, environmental laws and regulations.178 111. Unlike NAFTA, the USMCA (not yet in force) would also include a chapter dedicated to environmental protection. Chapter 24 of the new agreement would establish standards for Benidickson, Jamie. Environmental Law in Canada, Kluwer Law International, 2020. ProQuest Ebook Central, http://ebookcentral.proquest.com/lib/langara-ebooks/detail.action?docID=6486789. Created from langara-ebooks on 2024-01-09 23:34:00. the establishment and enforcement of domestic environmental laws by the parties.179 The chapter also includes commitments to prevent illegal wildlife and resource trading,180 promote sustainable forestry and fishing,181 conserve species at risk,182 and combat ozone depletion and marine pollution.183 The agreement would establish a dispute-resolution process to address any party’s non-compliance with the provisions set out in Chapter 24.184 VI. Municipal Governments 112. On the basis of by-laws, regulations and local policy initiatives, Canadian municipalities exercise extensive environmental authority delegated to them by provincial governments and may be responsible for environmental operations in connection with waste management, for example. Again, within provincially administered frameworks, municipalities have primary responsibility for land-use planning and zoning decisions within their boundaries. Through transportation initiatives, among other measures, individual municipalities have demonstrated significant leadership in responding to GHG emissions, and are heavily involved in the environmental dimensions of public health protection.185 Under the auspices of the Federation of Canadian Municipalities, Canada’s local governments engage in collaborative policy-making discussions among each other and have actively pursued funding from senior governments for environmentally related expenditures on water and sewage infrastructure, public transportation, and so on. Copyright © 2020. Kluwer Law International. All rights reserved. VII. Aboriginal Governance and Organization 113. Canadian aboriginal communities are actively engaged in environmental decisionmaking across the country from the operational to policy level through local band councils186 to regional and national organizations. At the national level, the principal organizations include the Assembly of First Nations, Inuit Tapiriit Kanatami and the Métis Nation.187 One underlying contemporary rationale for the concern of Canadian indigenous peoples with environmental management has been expressed in a stewardship plan: First Nations people pay a heavy toll in terms of their health and well-being as a result of environmental damage. Many First Nation peoples still practice traditional lifestyles and consume traditional foods. They are therefore affected more directly by environmental degradation than the general population.188 114. The subject matter of the aboriginal interest and involvement ranges from issues of natural resource access and utilization, including hunting and fishing, to broader land use and development issues as well as matters affecting local environmental and community health such as water supply and wastewater treatment arrangements.189 Pursuant to a number of modern land claims agreements, formalized institutional structures have been established in a Benidickson, Jamie. Environmental Law in Canada, Kluwer Law International, 2020. ProQuest Ebook Central, http://ebookcentral.proquest.com/lib/langara-ebooks/detail.action?docID=6486789. Created from langara-ebooks on 2024-01-09 23:34:00. number of jurisdictions to ensure direct aboriginal participation or control of licensing and EA procedures. Occasionally, such arrangements take the form of co-management agreements to provide for joint administration of natural resources such as fisheries.190 Specialized research and policy-oriented organizations focus on indigenous resource use and forest management.191 A constitutional obligation to consult in circumstances involving potential adverse impacts on aboriginal rights or title underpins participation and engagement in resource and environmental decision-making.192 VIII. Environmental Non-governmental Organizations Copyright © 2020. Kluwer Law International. All rights reserved. 115. Over eight-hundred ENGOs operate in Canada. They are generally affiliated through one of the eleven regional networks of the Canadian Environmental Network.193 On occasion, a consortium of these organizations will outline a comprehensive programme for environmental reform.194 Some of the principal ENGOs are briefly noted below with reference to their date of founding, predecessor organization where applicable, and priorities or mission: (1) Canadian Arctic Resources Committee (CARC)195 (1971): CARC is a citizens’ organization dedicated to the long-term environmental and social well-being of Northern Canada and its people. (2) Canadian Environmental Law Association196 (1970) (CELA): Legal aid clinic representing communities and low-income individuals in environmental decision-making. (3) Canadian Institute for Environmental Law and Policy (CIELAP)197 (1970): CIELAP sought to provide leadership in the research and development of environmental law and policy that promotes public interest and sustainability. (4) Canadian Parks and Wilderness Society (CPAWS)198 (1963): CPAWS promotes respect for natural ecosystems and wilderness, and works to preserve the diversity of habitats and their species. (5) David Suzuki Foundation (DSF)199 (1990): DSF uses science and education to conserve the diversity of nature, protect the quality of life, and help achieve sustainability. (6) Ducks Unlimited Canada200 (1937): Canadian chapter of a North American organization dedicated to wetlands conservation. (7) Earthroots201 (1986: Temagami Wilderness Society): Earthroots is dedicated to the preservation of wilderness, wildlife species and watersheds in Canada, with a focus on Ontario. (8) Ecojustice Canada202 (1990: Sierra Legal Defence Fund): Ecojustice aims to defend the right of Canadians to a healthy environment through litigation and participation in community and conservation movements. (9) Ecotrust Canada203 (1994): Ecotrust Canada endeavours to build a ‘conservation economy’ where economic opportunity improves rather than degrades social and Benidickson, Jamie. Environmental Law in Canada, Kluwer Law International, 2020. ProQuest Ebook Central, http://ebookcentral.proquest.com/lib/langara-ebooks/detail.action?docID=6486789. Created from langara-ebooks on 2024-01-09 23:34:00. Copyright © 2020. Kluwer Law International. All rights reserved. environmental conditions. (10) Energy Probe204 (1970: Energy Team of Pollution Probe): Energy Probe promotes regulation in energy markets, a renewable energy future, and the protection of consumer interests, while seeking to stop nuclear expansion. (11) ENvironnement JEUnesse205 (1979): ENvironment JEUnesse encourages an environmental conscience and critical thinking among youth. (12) Environmental Defence206 (1984): Dedicated to protecting the environment, eliminating toxic products, and promoting clean energy. (13) Équiterre207 (1993): Équiterre, ‘an equitable earth’, is dedicated to building a citizen movement by promoting environmentally and socially responsible choices, with reference to ecological agriculture, fair trade, energy efficiency, and sustainable transportation. (14) Evergreen208 (1991): Evergreen promotes naturalization projects and healthy, dynamic outdoor spaces. (15) Fatal Light Awareness Program209 (FLAP) (1993): Promoting education, research, policy and rescue/rehabilitation of migratory birds in urban settings. (16) Green Budget Coalition210 (2013): An umbrella organization of twenty-one ENGOs advocating for environmental recommendations to be included in the annual federal budget. (17) Greenpeace211 (1971): Greenpeace seeks to protect biodiversity; prevent pollution and abuse of the earth’s ocean, land, air and fresh water; end all nuclear threats; and to promote peace, global disarmament and non-violence. (18) International Institute for Sustainable Development212 (IISD) (1990): Environmental economics research institute headquartered in Canada with offices in New York and Geneva. (19) MiningWatch Canada213 (1999): MiningWatch Canada strives to change public policy and mining practices to ensure the health of individuals, communities and ecosystems. (20) Nature Canada214 (1939: Canadian Nature Federation): Nature Canada works to protect nature and biodiversity. (21) Nature Conservancy of Canada215 (1962): NCC promotes land conservation and stewardship across Canada and has to date protected over 2.5 million acres. (22) Pacific Centre for Environmental Law and Litigation216 (Pacific CELL) (2017): Victoria-based non-profit dedicated to training future lawyers in public interest environmental litigation. (23) Pembina Institute217 (1985): The Pembina Institute provides innovative policy research and education on climate change, energy issues, green economics, energy efficiency and conservation, renewable energy, and environmental governance. (24) Pollution Probe218 (1969): Pollution Probe promotes environmental reforms through research, education, and advocacy of practical solutions. (25) Sierra Club of Canada219 (1963): The Sierra Club of Canada seeks to develop a grassroots network to protect the integrity of global ecosystems with reference to five overriding threats – biodiversity loss, deterioration of oceans and atmosphere, toxic Benidickson, Jamie. Environmental Law in Canada, Kluwer Law International, 2020. ProQuest Ebook Central, http://ebookcentral.proquest.com/lib/langara-ebooks/detail.action?docID=6486789. Created from langara-ebooks on 2024-01-09 23:34:00. Copyright © 2020. Kluwer Law International. All rights reserved. chemicals, wilderness loss, and population. (26) Société pour Vaincre la Pollution (SVP) (1970): SVP defends the rights of citizens to a healthy environment and seeks to promote environment quality and protection. (27) Waterkeepers/Riverkeepers Canada220 (1999: Petitcodiac Riverkeeper affiliated with International Waterkeeper Alliance): Waterkeepers Canada, currently comprising eight organizations addresses pollution problems on a watershed basis. (28) West Coast Environmental Law (WCEL)221 (1974): WCEL, through legal advice, education and advocacy, promotes environmental law reform with emphasis on British Columbia. (29) World Wildlife Fund Canada222 (WWF-Canada) (1967): WWF-Canada seeks to conserving biological diversity, to promote sustainable use of renewable natural resources, and to reduce pollution and wasteful consumption. 1. The exact dimension is 9,984,670 sq. km. 2. Natural Resources Canada, ‘Permafrost’ online: https://www.nrcan.gc.ca/earth-sciences/geography/atlascanada/selected-thematic-maps/16886#physicalgeography. 3. Natural Resources Canada, ‘Productive Forest Land https://www.nrcan.gc.ca/earth-sciences/geography/atlascanada/selected-thematic-maps/16874. 4. Natural Resources Canada, ‘Classification’, online: Natural Resources Canada (last modified 14 Jan. 2015) http://www.nrcan.gc.ca/forests/canada/classification/13179. 5. Natural Resources Canada, ‘Forested Ecozones’, online: The Atlas of Canada (last modified 29 Jan. 2004) http://atlas.gc.ca/site/english/maps/environment/forest/forestcanada/forestedecozones/1. See also, https:nfi.nfis.org/forest_themes.php?lang=en. 6. Ibid. 7. This amounts to approximately 1.5 million sq. km. The Canadian Wetland Classification System: http://www.biodivcanada.ca/default asp?lang=En&n=F07D520A-1&printfullpage-true. 8. Natural Resources Canada, ‘Permafrost’. 9. Environment Canada, ‘Wetlands’, online: https://www.canada.ca/en/environment-climate-change/services/wateroverview/sources/wetlands.html Only in the Northern regions are most of the original wetlands still intact. 10. Natural Resources Canada, ‘Water’, online: https://www.nrcan.gc.ca/earth-sciences/geography/atlas-canada/selectedthematic-maps/16888. 11. Environment Canada, ‘Lakes’, online: https://www.canada.ca/en/environment-climate-change/services/wateroverview/sources/lakes.html 12. Being numbers 2, 4, 8, 9 and 10 respectively. Lake Winnipeg ranks in eleventh spot. Environment Canada, ‘The Nature of Water: world’s largest lakes’, online: www.ec.gc.ca/water/images/nature/prop/a2f4e.htm, adapted from Peter H. Gleik, Water in Crisis (New York: Oxford University Press, 1993). 13. Environment Canada, ‘The Nature of Water’. 14. Environment Canada, adapted from World Water Resources and Their Uses Joint SHI/UNESCO Product prepared by Igor Shiklomanov, 1999 online: Environment Canada, ‘Ri

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