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CMNS 137

Section 91 and 92 of the Canada Constitution Act 1867

"The omission of environmental provisions from Canada’s original constitution, the British North America Act, 1867, should come as no surprise since ecological concerns were far less pressing in the nineteenth century."

Boyd, D. R. (2012). The Right to a Healthy Environment : Revitalizing Canada’s Constitution. UBC Press.

The creation and enforcement of Environmental Laws and Regulations in Canada can be very confusing. The responsibility for the environment in Canada is constitutionally divided between the federal and provincial governments, which is not easy to understand. Jurisdiction over certain aspects often overlap or are not agreed upon. In other situations, one level of government may have delegated its responsibilities to another by agreement. 

A good example of how this relationship worked can be found in Drinking Water Legislation, Regulations and Canadian Drinking Water Guidelines.

Section 91 and 92 - Watertight Compartments

Should the Right to Safe Environment be Enshrined in the Canadian Charter of Rights and Freedoms?

La Rose v. Canada

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