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ARTICLE · 15 MAY 2020

Approvals From Federal Authorities May Not Protect Against Charges Under Provincial Environmental Laws

In R v Great Lakes Stevedoring Company Ltd,[1]companies are given a stark reminder that provincial environmental laws and regulations must be complied...

CanadaEnvironment

In R v Great Lakes Stevedoring Company Ltd,1companies are given a stark reminder that provincial environmental laws and regulations must be complied with notwithstanding compliance with all applicable federal laws and regulations and operating exclusively on federal property.

Great Lakes Stevedoring Company Ltd. ("Great Lakes"), a stevedoring operation on the Welland Canal in the St. Lawrence Seaway was charged with violating Ontario's Environmental Protection Act (the "EPA").2

Prior to trial, Great Lakes challenged the application of the EPA provisions arguing they offended two constitutional principles: (1) the doctrine of interjurisdictional immunity; and (2) the doctrine of federal paramountcy.

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