Environment, Energy & Resources Law Section Meeting

Federal Division of Powers and the Authority to Regulate the Atlantic Loop

Recording

Description

This session will address the following question: Do the Canadian provinces have authority to (jointly) regulate interprovincial transmission projects such as the Atlantic Loop? We will focus on laws overseeing the construction, operation, abandonment and markets for interprovincial power lines. The session will consider the validity, operability and applicability of such laws, with a particular focus on applicability and the influence of the doctrine of interjurisdictional immunity and section 92A of the Constitution Act, 1982. The presentation will conclude with a pertinent warning: there is arguably currently no applicable law in Canada regulating interprovincial power line projects such as the Atlantic Loop. We will then finish of the session with questions and discussion with participants.