加拿大贷款人环境责任立法探析

The Analysis of Canadian Legislation of lender Environmental Liability

加拿大由于其联邦体制,环境权力由联邦和省分享。联邦和省都有贷款人环境责任的立法。立法中对控制的概念没有提供具体的指引,需要基于公共政策进行考虑。贷款人担保债权与依据省环境法的行政命令产生的清理费用存在优先权冲突,应根据利益平衡确定孰先孰后。

Because of Canadian federal system, environment power is shared by the federal and provincial.The federal and provincial both has the legislation of lenders environmental liability. Legislation did not provide specific guidelines to the control concept, it need to consider based on public policy.There exist priority conflict between claim of secured credit and the clean up cost arising from administrative command according to the province environmental law, It should accord to the balance of interests to determine which is the priority.