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- Title
Testing the Jurisdictional Waters: Th e Provincial Regulation of Interprovincial Pipelines.
- Authors
Olszynski, Martin Z.
- Abstract
In light of increasing eff orts by various provinces to regulate interprovincial pipelines, especially British Columbia, this article considers the constitutionality of provincial and municipal assertions of regulatory authority over such pipelines, which are otherwise regulated by the National Energy Board on the authority of the federal government pursuant to subparagraph 92(10)(a) of the Constitution Act, 1867. Th e article begins by setting out some of these provincial eff orts and then provides a primer on the applicable legal doctrines and principles: namely, federal paramountcy, interjurisdictional immunity, and co-operative federalism. It then identifies and summarizes the most important recent administrative and judicial decisions to consider the constitutionality of provincial and municipal regulation in the interprovincial pipeline context. As will be seen, although some uncertainty remains, when viewed in aggregate these decisions and judgments shed considerable light on the contours of provincial and municipal authority over such pipelines. Th e next part of the paper frames the analysis that is likely to be applied to British Columbia's most recent and ambitious eff orts to enact spill response and recovery legislation that would apply to interprovincial pipelines, including the contentious Trans Mountain expansion pipeline project approved by the federal government in 2016. Th e article concludes with some observations about Canada's current pipeline debate and environmental law and policy more generally.
- Subjects
CANADA; PETROLEUM pipeline design &; construction; CANADA. National Energy Board; CONSTITUTIONAL law; PETROLEUM pipelines &; the environment; ENVIRONMENTAL law; ENVIRONMENTAL policy
- Publication
Review of Constitutional Studies, 2018, Vol 23, Issue 1, p91
- ISSN
1192-8034
- Publication type
Article