Casebook Canada: The Environmental Exchange Rate
by Dianne Saxe Ph.D.
May 1, 2008
Are
you interested in expanding your business into Canada? If so, where should you
go to learn about the environmental rules?
Those with a good handle on American environmental law often
think that the differences with Canada are trivial. They're not. Some years, I
make a lot of my income repairing the mistakes that American lawyers made in
Canada. But there's no doubt that mastery of American legal concepts can help
to ask appropriate questions in Canada.
Knowing the right questions can result in getting a good
general overview of many issues on the Internet. Most of the foundation documents
for Canadian environmental law are now available online. The most useful free
site is www.canlii.org, modeled on Cornell's Legal Information Institute.
CanLII contains the full text of every public statute and regulation in the
country, and is searchable, though it may not have the very latest amendments.
It also contains hundreds of thousands of recent case decisions, in the
language in which they were issued.
For very recent changes, you need to go to the e-laws
website of the individual government. Federal laws are collected by the
Department of Justice at http://laws.justice.gc.ca/en/. Each province and
territory also posts its laws. For example, Alberta's are posted at
http://www.qp.gov.ab.ca/index.cfm. Many of the larger municipalities post at
least some of their bylaws. For example, Vancouver's are posted at
http://vancouver.ca/bylaw_wa/.
The Vancouver site illustrates one problem for Americans
when doing Internet searches. You need to know the basics of Canadian legal
terms. For example, we don't have "ordinances," we have
"bylaws," which may also be spelled "by-laws." You also
need to remember that our spelling is more traditional or British than in the
United States; if you want to know rules about notifying neighbours, you have
to spell it with a "u."
A third problem is that Canada accepts a much higher degree
of government discretion than Americans do, so many practical details about how
things really work are not listed in the formal laws.
Sometimes the missing details are included in codes
developed through voluntary, multi-stakeholder processes such as the Canadian
Standards Association, www.csa.ca/Default.asp?language=english. Want to know
how a drinking water utility must be managed? Or an analytical laboratory? Or
an underground storage tank for petroleum products? These and many others are
typically governed by CSA codes that have been adopted into regulations.
However, the actual content of the codes must be purchased, and are not
available online. Class environmental assessment guides also may have to be
purchased.
Unsurprisingly, there is useful information on the websites
of each jurisdiction's Ministry of the Environment. Even Quebec makes a great
deal of information available in English. See
www.menv.gouv.qc.ca/ministere/inter_en.htm.
Legal blogs, or "blawgs," are a popular way to get
information on the latest legal developments. For example, we're very proud of
our blog at http://envirolaw.ca. Most trade associations have newsletters or
websites; see, for example, the Ontario Environmental Industry Association's
newsletter at www.oneia.ca/index.php. On hot topics, non-governmental
organizations can provide helpful glimpses of where things may be going; see,
for example, www.ecojustice.ca or www.cela.ca.
Thus, there is no shortage of places on the
Internet to get information about Canadian environmental rules. The problem is
to turn all that information into a practical action plan. For that, there is
no substitute for a top-notch environmental specialist. But the well-informed
client who's done her homework asks the best questions, and gets the best bang
for her buck. PE
|