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Slide 32 of 39
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The following Provincial legislation are examples of the sort of legislation the various provinces have enacted. The question of the application of such Provincial statutes to a marine pollution incident must always be carefully considered. Navigation and Shipping is a Federal responsibility under the Constitution Act and the courts have generally prohibited the provinces from legislating in this area. Therefore, it is doubtful that a Provincial statute will apply to a pollution incident emanating from a ship. The situation is, however, arguably different for shore based installations. Such installations are probably subject to the Provincial legislation.
