BOUNDARY WATERS: PROVINCIAL RIGHTS AND RESPONSIBILITIES

Abstract

Canada is a federal state with a unique distribution of responsibilities and powers between the federal and provincial governments. The British North America Act gives the federal government clear jurisdiction respecting international matters including treaties. Provinces have clear jurisdiction respecting the development and use of land and resources. In other important areas, jurisdiction is shared. In still others, the application of federal or provincial jurisdiction in one area can have significant implications for other areas of responsibility and powers. Various instruments have been used to clarify federal and provincial roles respecting water management.The paper will assess provincial rights and responsibilities respecting boundary waters. The assessment will be from a prairie and Saskatchewan perspective. Water supply and water quality are limiting factors in economic development in the southern part of the prairie region. New or unusual constraints on water use dictated by international considerations can have serious economic implications. Various measures are advanced to ensure that provincial concerns and interests are fully considered.