Jurisdiction+over+natural+resources

Jurisdiction over natural resources is defined as the power wielded by a government over its subjects, their property, and the land and natural resources within its boundaries. The jurisdiction over an area such as Banff National park gets quite complicated; provincial powers include crown lands and natural resources which appears to be fairly straight forward, but the federal government has some jurisdiction through C.E.P.A., species at risk act, and the Canadian environmental assessment act. In the event of an overlap of jurisdiction, the Supreme Court of Canada would make the final decision.

In terms of the Banff National park case study there is confusion over whether the Federal Government or the Provincial Government has jurisdiction regarding various issues in the Park, for example, sustainable development in the park could be seen as a controversial issue, a decision that could have to be made by the Supreme Court. It could be seen under federal jurisdiction in regards to C.E.P.A. or C.E.A.A.. Conversely sustainable development could also fall into the provincial jurisdiction realm based on the fact that it is crown land with an abundance of natural resources. Even though the provincial government is the primary stakeholder in the park, the federal government has the right to intervene if they believe biodiversity is at risk.

Ultimately, the province of Alberta has control over it resources and how they are used. Although the federal government can intervene under CEPA, the reality is that the movement towards empowering the provinces with control over such decisions, would see a CEPA intervention implausible. With the tars sands just to the north, the economic development of Banff for tourism and business is only inevitable. The jurisdiction of the Alberta government over any decisions to do with natural resources in Banff is the only reality.