Energy and Environmental Policy in the European Community and Canada

Abstract

European Community and Canadian federal environmental laws as they affect the energy sector -oil and gas, and non-nuclear electricity generation- are reviewed and comparatively analyzed. The study concludes that it is appropriate to consider the development of both the Canadian and European environmental law in terms of a federal model and that there are legal federalism lessons to be learned from both sides. While from an energy sector perspective EC and Canadian environmental policy and law have developed in a broadly similar manner, the study shows important differences in timing and pace of implementation. Canadian energy industries were required to respond earlier to strengthening and harmonizing of air quality standards, and to the scientific and public review demands of environmental assessment than their European counterparts. EC air pollution measures targeted the energy sector more directly and explicitly than is the case in Canada. The EC has also been more successful in coordinating and integrating environmental and energy policy, and is closer to implementing economic pollution control instruments such as tradeable permits and taxes. Canada has placed greater emphasis on civil and criminal liability, including personal liability ofcorporate officers and directors, and the energy sector hasresponded with environmental audits and improvements in compliance and corporate environmental planning. The Canadian energy sector has, to a greater extent than the European imdustry, been required to deal with increasingly extensive rights of the public to participate in environmental decisions.