Legal aspects of acidic precipitation

Abstract

Acid rain has been discovered to be a serious problem in Eastern Canada. The legislative competence of the Federal Parliament to deal with air pollution is not well established, but recent cases interpreting the federal general power indicate that the scope of general power has been established. Canadian common law remedies are not likely to be successful, for a variety of reasons. The Canadian Clean Air Act, especially with the 1980 amendments lays the basis for possible adoption of emission standards for acid rain as an international pollutant. Ontario's Environmental “ Protection Act of 1971 may offer a basis for control of emissions resulting in acid rain though regulation of major sources and control orders of medium sized and small sources. One such regulation has already been adopted to apply to the Inco Plant emissions of sulfur oxides.