That you have to comply with federal laws even if you hold provincial or municipal licenses, permits, or authorizations? It's the law.
The Canadian Constitution does not deal expressly with the protection of the environment. The courts have determined that the protection of the environment is a jurisdiction shared between the federal Parliament and the provincial legislatures.
The release of pollutants into the environment is regulated by both orders of government. A provincial or a municipal permit or other approval does not exempt you from complying with federal laws.
Here is one example of why understanding this may be important to you. The Fisheries Act is important federal legislation for the conservation and protection of fish and fish habitat, to provide for sustainable utilization of Canada's fishery resources. All discharges and releases to "water frequented by fish" from activities or operations must comply with its provisions. Under Subsection 36(3) of the Fisheries Act, it is an offence to directly or indirectly deposit or permit the deposit of a "deleterious substance of any type in water frequented by fish". The penalties for such offences are set out in Subsection 40(2) of the Fisheries Act and can be significant.
This information is provided as general information. If you require more information, call the Environment Canada office nearest you. For all purposes of interpreting and applying the law, users should consult.
- the Acts as passed by Parliament, which are published in the "Assented to" Acts service, Part III of the Canada Gazette and the annual Statutes of Canada
- the regulations, as registered by the Clerk of the Privy Council and published in Part II of the Canada Gazette.
The above-mentioned publications are available in most public libraries.
For specific legal advice, we recommend that you consult your own legal counsel.
