Environment & Health

Environment

The environment is an area of government action which is not assigned to one or both orders of government under the Constitution Act, 1867:  it is a diffuse area which may be addressed under various federal and provincial legislative powers depending on the nature or scope of the issue.

Federal initiatives related to the environment may be upheld under the following powers of Parliament (to name but these):

• Criminal law: s. 91(27).  Allows federal legislation which prohibits activities that are harmful to the environment; for example,  the Canadian Environment Protection Act.

• Sea Coast and Fisheries: 91(12). Allows federal legislation which regulates the environment of fish; for example, the Fisheries Act.

• Navigation and Shipping, s.91(10). Allows federal legislation which regulates the activities of ships, such as the discharge of oil and other harmful substances.

• Interprovincial and International Transportation: s.92(10); for example, the Transportation of Dangerous Goods Act.

Click here to find out more about federal legislation relating to the environment

Provincial Initiatives are justified notably under these constitutional:

• Property and civil rights, s. 92(13).  Allows provinces to regulate land use, mining, manufacturing and other business activity, including emissions that could pollute the environment.

• Municipalities, s. 92(8). Provincial power over municipal institution may authorize municipal regulation of local activities which affect the environment such as  zoning, construction, water purification, sewage, garbage disposal, noise. 

All provinces have now passed legislation relating to the environment.

Click here to find out more about provincial legislation relating to the environment

Federal/Provincial Cooperation. The Canadian Council of Ministers of the Environment works to promote cooperation and coordination of interjurisdictional environmental issues. The Council is made up of environment ministers from federal, provincial and territorial governments

To find out more about federal and provincial constitutional powers relating to the environment:

• Peter Hogg, Constitutional Law of Canada, 5th ed., Scarborough, Carswell, 2006, 30.7.

Health

Health is not a single matter assigned exclusively to one order of government under the Constitution Act, 1867. Rather it is a diffuse topic that may be addressed by valid federal or provincial legislation depending on the nature or scope of the health issue to be addressed.

Powers of Parliament

• Under its "peace, order and good government" power (opening words of s. 91), the federal Parliament may legislate with respect to public health matters that are of national concern, or that constitute a national emergency.

• The health and safety of workers in federally-regulated industries, such as banking, transportation and communications, may be federally legislated as part of federal competence in those areas.

• The federal power over criminal law (s. 91(27)) authorizes laws to prohibit or regulate conduct dangerous to health, such as the use of narcotics and tobacco, and the regulation of hazardous products.

Powers of Provincial Legislatures

Jurisdiction for the delivery of health care services to individuals lies primarily with the provinces.

• Provincial jurisdiction over Hospitals (s.92(7)), Property and Civil rights (s. 92(13)), and matters " of a merely local or private nature in the province" (s. 92(16)) provide the basis for provincial regulation of health and hospital services, health records, health insurance, and the training, licensing and discipline of health professionals.

To find out more about federal and provincial constitutional powers relating to health:

• Peter Hogg, Constitutional Law of Canada, 5th ed., Scarborough, Carswell, 2006 at 32.1B32.4.