Energy and the New Constitution

Authors

  • Brian W. Semkow

DOI:

https://doi.org/10.29173/alr740

Keywords:

Energy Law, Petroleum Law

Abstract

The Constitution Act, 1982 contains two natural resource provisions which amend the British North America Act. On the face of these provisions, the formal jurisdiction which provinces can exercise over natural resources in general, and over onshore oil and gas in particular, has been substantially bolstered. It is unclear, however, whether these provisions add very much substantively to the powers the provinces possessed (or were exercising) prior to the passing of the Constitution Act, 1982. This paper will analyse the new natural resource provisions to determine how they will affect the jurisdiction provinces will have over the future development of onshore oil and gas, and the revenues to be derived therefrom.

Downloads

Issue

Vol 23, No 1: Petroleum Law Supplement

Section

Articles

License

For Editions following and including Volume 61 No. 1, the following applies.

This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License

For Editions prior to Volume 61 No. 1, the following applies.

Author(s) retain original copyright in the substantive content of the titled work, subject to the following rights that are granted indefinitely:

  1. Author(s) grant the Alberta Law Review permission to produce, publish, disseminate, and distribute the titled work in electronic format to online database services, including, but not limited to: LexisNexis, QuickLaw, HeinOnline, and EBSCO;
  2. Author(s) grant the Alberta Law Review permission to post the titled work on the Alberta Law Review website and/or related websites.
  3. Author(s) agree that the titled work may be used for educational or instructional purposes and/or in educational or instructional materials. The author(s) acknowledge that the titled work is subject to other such "fair dealing" provisions and applicable legislation.
  4. Author(s) grant a limited license to those accessing the titled work from an electronic database or an Alberta Law Review website to download the titled work onto their computer and to print a copy for their own personal, non-commercial use, subject to proper attribution.

To use the journal's content elsewhere, permission must be obtained from the author(s) and the Alberta Law Review.