Notes to Chapter 15 ECON 2390

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4 Federal Powers International and inter-provincial trade Taxation Expenditures Peace order and good government (POGG)

5 Provincial Powers Public (local works – municipal government) Property and civil rights within the provinces Natural resources Owned lands

6 Joint Jurisdiction Rowell-Sirois ( ) Federal government had most of the revenue gathering powers, Provinces had expanding expenditure (health care, education, and welfare).welfare The Commission recommended that –the federal government take over unemployment insurance and pensions. –creation of equalization payments and large transfers of money from the federal government to the province each year.equalization payments From this, through the 40’s to today we have shared jurisdiction in Environment and Agriculture

7 Role of the Courts Primary role is to hear litigation under existing legislation (claims for damages) Courts also determine whether an order of government has powers to legislate in a specific area. Key issues –Imprecise wording of legislation –Conflicting objectives of federal and provincial legislation

8 Selected parts of CEPA Confusion or clarity? Toxic Substances A substance is toxic if it is entering may enter the environment in a quantity or concentration or under conditions that: have or may have an immediate or long term harmful effect on the environment or its biological diversity; constitute or may constitute a danger to the environment on which life depends; or constitute or may constitute a danger in Canada to human life or health.