In 1867, when colonies of British North America came together to create Canada, a key part of the deal was the division of powers between the federal government and the provinces. The two, equal and distinct, have been fighting over details of who can do what in the federation ever since.as an arbiter, often revolving around the division of powers.
Ottawa is reworking the assessment act. Taking a narrower approach might feel like a retreat but given the main goal is to reduce emissions, the assessment act isn’t the most consequential policy. Ottawa may want a bigger say over projects like Suncor’s oil sands mining and a predicted three megatonnes of annual emissions, but Canada’s climate ambitions could be better served with a simplified federal assessment act and legal certainty for the proposed clean electricity regulations..
The draft power rules are already flexible – allowing new plants to run with full emissions until the mid-2040s. Ottawa couldbut Alberta would likely oppose regardless. The core legal precedents that gird the rules, Ottawa’s broad criminal law power under the Canadian Environmental Protection Act, are strong, fromReference cases are usually meant for questions without a clear answer.
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