BLAW 428
NATURAL RESOURCES AND ENVIRONMENTAL LAW COURSE OUTLINE – 2011
JANUARY 13 CLASS 1 INTRODUCTION – DOES THE ENVIRONMENT MATTERS?
JANUARY 20 CLASS 2 LIABILITY & ADMINISTRATIVE LAW
JANUARY 27 CLASS 3 ENVIRONMENTAL PROTECTION AND ENHANCEMENT ACT*
FEBRUARY 3 CLASS 4 WATER ACT FEBRUARY 10 MID-TERM EXAM ONE
FEBRUARY 17 CLASS 5 CLIMATE CHANGE & REVIEW EXAM FEBRUARY 24 READING WEEK
MARCH 3 CLASS 6 OIL AND GAS*
MARCH 10 CLASS 7 FORESTRY AND PUBLIC LANDS*
MARCH 17 MID-TERM EXAM TWO
MARCH 24 CLASS 8 ABORIGINAL IMPACTS*
MARCH 31 CLASS 9 FEDERAL LEGISLATION AND REVIEW – CLASS EVALUATION APRIL 7 FINAL EXAM
CLASS ONE COURSE OVERVIEW &
DOES THE ENVIRONMENT STILL MATTER?
13 JANUARY 2011
Overview
Course Description
Goals of the course
Your interests
Exams
Grading
My assumptions
Does the environment still matter?
Who is the regulator of the environment?
Any current issues?
Supplemental Materials
Sarg Oils Ltd. and Sergius Mankow v. Environmental Appeals Board, 2007 ABCA 215
Weir Foulds, Environmental Law Quiz, Canadian Lawyer, IN HOUSE, August 2008
Hogg, Constitutional Law of Canada, 5th Ed. Chapters 5.8, 17.2, 17.3, 18.5
R. v. Hydro Quebec, [1997] 3 SCR 213
Instructor Contact Info
E-mail (the best choic
Telephone: 780 415 2388
Address: Grant D. Sprague QC
Assistant Deputy Minister, Legal Services 2
ndFloor Bowker Bldg
9833 109 Street
Edmonton AB T5K 2E8
Course Goal and Objectives
Course goal: to develop an understanding of the legal context within which business decisions relating to natural resource development and environmental regulations are made in Alberta
Course objectives:
A general understanding of the natural resource and environmental regulatory framework in Alberta
An understanding of the significant environmental issues for Alberta
Course Materials
The course will be delivered through lectures and
materials provided in class. There is no course reader.
Reference will be made to a number of statutes and cases. These materials are available on line:
Provincial laws
Federal laws
Provincial cases:
Federal cases:
Key Statutes
Alberta
Environmental Protection and Enhancement Act
Water Act
Forests Act
Climate Change and Emissions Management Act
Canada
Fisheries Act
Canadian Environmental Protection Act
Exams and Grades
Two mid terms – each worth 30%
One final worth 40%
Some tips on exams:
All exams are closed book
All exams will be a mix of short and long answer
All exams will often place in you a position to demonstrate you understand both sides of an issue – seek to add value
You will be asked to provide your best advice
Marks will be based on a curve
Recording
Recording within the class is permitted only with
the prior written consent of the instructor or if it is
part of an approved accommodation plan.
My Assumptions
You are familiar with the general Canadian legal system
You understand generally the Constitution and contracts law
You will participate in discussions and have read the materials in advance of class
You will ask questions when you do not understand
All the materials discussed in class and referenced in the class are examinable – even if they are not included
specifically in the class notes
Does the Environment still matter?
What is the environment?
S. 1(t) of EPEA:
Environment means “the components of the earth and
includes air, land and water, all lawyers of the atmosphere, all organic and inorganic matter and living organisms and the interacting natural systems…”
Does it still matter - What do you think?
What is this linked to?
What are the influences?
The Green Wave – since 1992
The protection of the environment has become one of the major challenges of our time. To respond to this
challenge, governments and international organisations have been engages in the creation of a wide variety of
legislative schemes and administrative structures: Friends
of the Oldman River Society v. Canada (Min of Transport) [1992] 1 SCR 3
If it matters – who should be in charge?
The Constitution:
Constitutionally an abstruse matter which does not fit comfortably within the divisions of power : Friends of the Oldman River, op cit. @ para 86
Who – the Federal Gov’t
See Hogg, Constitutional Law of Canada
Peace order and good government
Co-operative federalism
“National Interest”
Federal heads of power
Regualtion of Trade and Commerce – 91(2)
Regulatiuon of Navigation and Shipping – 91(10)
Fisheries – 91(12)
Indians and land reserved for the Indians – 91(24)
Criminal law – 91(27)
Who – the Provincial Gov’t
Provincial heads of power
Management and sale of public lands and of the timber and wood thereon – 92(5)
Property and civil rights – 92(13)
Generally all matters of a merely local or private nature in the province – 92(16)
Laws respecting non-renewable natural resources, forestry resources and electrical energy – 92A
Who – municipal gov’t
Municipal Governmnet Act
Land use planning
Zoning
Development permits
Who - individuals
Many kinds of initiatives:
Stewardship
Eco-gifts programs
“green investment”
Demand for products
Current issues in Alberta
Which ones do you feel are the most pressing?
Impacts on Business
How does this translate into effects on business:
Opportunities:
Risks:
Summary
A broad area to discuss
Central to Alberta’s economy