Canadian Energy Infrastructure and the Federalist Dilemma

Alastair R. Lucas

in Energy Networks and the Law

Published in print February 2012 | ISBN: 9780199645039
Published online May 2012 | e-ISBN: 9780191738647 | DOI:
Canadian Energy Infrastructure and the Federalist Dilemma

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This chapter is about public regulation in an interjurisdictional setting. It asks whether there are fundamental constitutional federalism constraints that must be taken into account in energy infrastructure development. If so, what is the potential impact of these constraints? For this purpose, case studies of two major Canadian energy infrastructure projects are undertaken. Both involve pipelines — one oil and the other natural gas. If there are federalism constraints that go beyond mere regulatory requirements and process, what arrangements or instruments can be used to mitigate constitutional constraints? Major issues highlighted by the case studies are facilities' approval and regulation, environmental, and socio-economic impacts, including effects on property and aboriginal rights of First Nations.

Keywords: public regulation; federalism; energy infrastructure development; Canada; pipelines; aboriginal rights; First Nations

Chapter.  10430 words. 

Subjects: Environment and Energy Law

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