By Jamie Benidickson
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In consequence, federal legislation of a regulatory nature not amounting to actual prohibition of blameworthy conduct has not found constitutional shelter under the criminal law power. 21 When Hydro-Quebec was charged in 1990 with dumping PCBs (polychlorinated biphenyls) contrary to interim regulations made pursuant to sections 34 and 35 of CEPA’s toxic substance provisions, the utility defended on the grounds that neither the statutory provisions nor the regulations were within the constitutional scope of federal lawmaking authority.
30 Sustainability is now widely regarded as a criterion or performance standard against which various developmental initiatives should be assessed. Indeed, the promotion of sustainable development is among the stated objectives of the North American Free Trade Agreement (NAFTA) and its environmental side agreement (see Chapter 4). ”31 The WCED’s formulation of sustainable development as development that “meets the needs of the present without compromising the ability of future generations to meet their own needs” is not without controversy and has been subject to fairly open-ended interpretation.
Teebweb. org. 42 PW Birnie & AE Boyle, International Law and the Environment (Oxford: Clarendon Press, 1992) at 483. 43 RSNWT 1988 (Supp), c╯83. pdf. 5(1)(a); Environment Act, SNS 1994–95, c╯1, s╯2 [NSEA]; CEPA 1999, above note 34, s╯3. 44 Canada National Parks Act, SC 2000, c╯32, s╯2. The Polluter-Pays Principle The “polluter-pays” principle emphasizes the responsibility of those who engage in environmentally harmful conduct (either as producers or consumers) for the costs associated with their activity.