The Energy Regulation and Markets Review - Stikeman Elliott

Chapter 5
Canada
Patrick Duffy, Brad Grant, Erik Richer La Flèche and Glenn Zacher 1
I
OVERVIEW
Canada is a federal state comprising 10 provinces (Alberta, British Columbia, Manitoba,
New Brunswick, Newfoundland and Labrador, Nova Scotia, Ontario, Prince Edward
Island, Quebec and Saskatchewan) and three territories (Northwest Territories, Nunavut
and the Yukon). The respective powers of the various levels of government are set out in
the Constitution Act 1982.
Canada is a common law jurisdiction, with the exception of the province of Quebec,
which operates under the Civil Code of Quebec. Each province has its own provincial
court of general jurisdiction and an appellant court. The jurisdiction of Canada’s Federal
Court is limited to specific matters under federal jurisdiction and appeals or judicial review
applications from federal tribunals. Canada operates a unitary system of courts in which all
cases can ultimately be appealed to the Supreme Court of Canada.
The provinces have primary responsibility for energy regulation through their
jurisdiction over local works and undertakings, non-renewable natural resources and
electrical energy. The provinces exercise jurisdiction through legislative enactments,
various forms of delegated legislation and through independent energy and utility
commissions. Provincial legislation and tribunals also govern most environmental
matters pertaining to the development of energy projects.
The federal government has jurisdiction over international and inter-provincial
trade and commerce, which includes authority over international and inter-provincial
transmission lines and energy exports. The federal government also has jurisdiction over
nuclear safety, aboriginal affairs, and a number of environmental matters that affect
energy projects.
1 Patrick Duffy, Brad Grant, Erik Richer La Flèche and Glenn Zacher are lawyers in Stikeman
Elliott LLP’s Energy Group.
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