Constitutional Jurisdiction and Ownership (more...)

Some of the most contentious issues within the potential offshore oil and gas exploration in British Columbia are the numerous jurisdictional issues that surround the resource. These issues are most prominent in the context of ownership (British Columbia vs. Canada) and the role of provincial versus regional versus native claims.
Jursidiction and Ownership

- the Supreme Court of Canada has declared that the federal government has authority over areas west of Vancouver Island and the Queen Charlotte Islands and the provincial government has authority over the area between Vancouver Island and the mainland

 

- jurisdictional ownership of the waters and the seabed to the west of the Queen Charlotte Islands (Queen Charlotte Sound and Hecate Straight) is still undecided

- any oil and gas activity offshore would therefore fall under two sets of overlapping laws (federal and provincial)

 

- there is also the issue of First Nations land claims over the territories surrounding the Queen Charlotte Islands, for which negotiations are continuing at a provincial level

 

Further Details

 


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