1E9Ct5D

egard to the environment. In addition, somemunicipalities have enacted by-laws inrelation to the environment through authoritydelegated to them by the provinces. Anenvironmental matter, therefore, may begoverned by federal, provincial, and/ormunicipal law depending on thecircumstances. This generally reflects theconstitutional division of powers in Canada.The Constitution Act, 1867, does not assignexclusive jurisdiction over the environmentto the federal government or the provincialgovernments. Rather, the power to legislatewith regard to the environment falls undervarious heads of constitutional authority.Generally, when an environmental matterrelates to a matter of federal jurisdiction oris of national or international concern and acompelling case exists for a nationalresponse, the federal government will havelegislative authority. Where a matter is oflocal concern, the provinces are more likelyto be the regulating authority. In otherinstances, one level of government manyhave jurisdiction, but will coordinateadministration with the provinces.FEDERAL ENVIRONMENTAL LAWAs noted, the federal government regulatesaspects of the environment primarily whenan environmental matter relates to an areaof constitutional federal jurisdiction (e.g.,sea coast and inland fisheries), or is ofnational or international concern (e.g.,transportation of dangerous goods acrossprovincial boundaries).This section will first discuss in more detailfederal areas of regulation, then examinecertain key federal laws, and finally reviewthe following aspects of federalenvironmental law that are often points ofheightened interest for those doing businessin Atlantic Canada: (i) enforcement; (ii)environmental assessments; and (iii)director & officer liability.Federal Areas of RegulationThe primary areas of federal regulation thatbusinesses should be aware of include:Air PollutionAir, water and land pollution;Toxic substances; andTransportation of dangerous goodsand hazardous wastes.The federal government has enactednumerous air pollution regulations under theCanadian Environmental Protection Act,1999 (“CEPA”), to limit the concentration ofa variety of industrial emissions, including:(1) asbestos emissions from asbestosmines and mills; (2) lead emissions fromsecondary lead smelters; (3) mercury fromchlor-alkali mercury plants; and (4) vinylchloride from vinyl chloride and polyvinylchloride plants. Further regulations havebeen enacted to limit the manufacture, use,sale, and/or import or export of ozonedepletingsubstances (such as refrigerants),and to require the largest industrial emittersto annually report facility greenhouse gasemissions.Water PollutionAlthough CEPA regulates waste disposal,dumping in Canada’s territorial seas, andinternational water pollution, and theCanada Shipping Act, 2001 addressesEnvironmental Law 108