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The growing concern of the international community for environmental degradation has recently culminated in the international recognition of the manufactured nature of global warming and renewed international efforts to mitigate the consequences. The Canadian constitution, environmental regulation is between provinces, territories, and federal government collectively known as provinces. There is a conflict between provincial and federal environmental laws or statues to environmental protection. The federal laws prevail, and this cause conflict and overlapping requirements. Municipalities play key roles and this has created inadequacy in environmental protection law in Canada. This essay presents the inadequate protection of the environment by the Canadian law.
Federal environmental laws work mainly on federal powers of the constitutions like international relations, international borders, commerce, trade, navigation, and criminal law that bring contentious power in legislating and implementing environmental protection laws for national interest. The federal government has basic jurisdiction above federal government undertakings and work. Acceptable environmental activities, thresholds, and standards vary between jurisdictions. Many laws on environmental resources like forestry, mining, nuclear power and gas extraction include real environmental requirements and law enforcement. Canada has a good system of administrative law and common laws that impact on environmental law.
There is no single and effective integrated system for pollution control in Canada and regulating agencies issue permits on one medium that is separate for air and waste. Some agencies issue permits fora range of emissions while some statutesallow a range of potential emissions. A number of municipal agencies have legislation that promote of clean energy and reduction of greenhouse gastargeting global warming like specifying gas emitters' regulation. Unfortunately, the federal government has not implemented these laws fully and responds to climate change imperatives. Federal climate change plans lack law information required under for key management systems to enhance environmental protection. This happens despite allocating billions of dollars in the plan to reduce emissions and make sure law protection.
In 2010, the federal government has committed to an emission reduction target of seventy percent under the Copenhagen Accord. This was not achieved in 2005 because of the Municipality system in enforcing the laws. The government set a target to meet twenty-five percent reductions to meet the 2020 target, but the federal and municipal authorities have implementations at different levels. For instance, Canada revokedcommitments tothe Kyoto protocol in 2011, and is not a party anymore. A major concern is the possible liability of municipalities for failure in protecting against potential damage on matters. For example, storm water and sewer infrastructure in the municipalities are built to the standards of historical weather patterns, and not the harsh weather events in the future.