Energy and the New Constitution


  • Brian W. Semkow



Energy Law, Petroleum Law


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.