403 Final Flashcards
Definition of an Audit
compliance activity, well planned out and conducted by a team, usually determined by the audit branch. Looking at the acts, regs, internal policy. In depth inspection.
Definition of an Investigation
Result of a complaint or a witnessed violation, reactive measure of enforcement where evidence is sought for a conviction.
Definition of an Inspection
Planned compliance activity, checking for compliance on permits, acts, code conducted by field officer or EPO.
List what you can check during an audit
- Site history
- Permits/Licences
- Record Keeping
- Air/Water Quality
Section of EMPA that provides authority to conduct audits or inspections
Section 78(2)
Inspection Vs. Search
- An inspection is not a search.
- An inspection is your purpose is to verify compliance.
- Search your purpose is to gather evidence of non-compliance.
- There are times where your inspection could transition into a search.
- Do not use your inspection authorities as search powers to gather evidence of an offence.
What is in the Enforcement Triangle
Education, Prevention, Enforcement
Absolute vs. Strict Liability
Absolute liability means a person is held responsible for damages regardless of intent or negligence, while strict liability requires proving that the harm was caused by the defendant’s actions, but intent or negligence still aren’t factors.
R. V. Bata Industries
Convicted of causing discharge of industrial waste, Section 16(1) of the Ontario Water Resources Act.
R. V. Sault Ste. Marie
Contractor convicted for poorly constructing a landfill and polluting a creek under Section 32(1) of the Ontario Water Resources Act
R V. Envirogun
Convicted with Failure to Comply with an EPO after refusing to clean up the waste recycling site that he had owned.
R. V. Gemtec
Company tasked with closing the Moncton, NB. landfill charged with releasing leachate into the River, Section 36(3) of the Federal Fisheries Act
R. V. Keno Hill
Convicted of depositing excess waste into waters, exceeding effluent emissions, contrary to their permit, contravening Section 6(1) of the Northern Inland Waters Act.
R V. Castonguay Blasting
Road construction company charged with failure to report a discharge event
R. V. Dawson
Charged with releasing a deleterious substance under Section 36(3) of the Federal Fisheries Act for dumping raw sewage into the Yukon RIver.
When did EMPA come into force
June 1, 2015
What is a permit
Grants authority to perform actions/work - Usually specifies certain conditions or requirements that must be followed.
List types of permits
water works, sewage works, MRMR permits, toxic substances permits, aquatic habitat alteration permit.
Why can admin penalties be challenging
There’s no tables of published fine amounts. It’s not well used yet because EMPA only established them in 2015.
Important Waterworks/Sewer Works Regulation Sections
Section 34(1) - Failure to report an upset condition
Section 36 - Emergency Orders & Advisories. PDWA.
Important Municipal Refuse Management Regulations sections
Section 7(6) - Failure to Comply w. Permit
Section 9(1) - Prohibited Burning
Section 10 - Prohibited Materials
Section 12 - Blowing of refuse
Important Federal Fisheries Sections
Section 36(3) - Deleterious Substance
Important EMPA Sections
Section 8 - Releasing Deleterious Substances
Section 29(1) - Failure to comply with a permit
Section 38(4) - Aquatic Habitat Alteration
Section 49(c) - Dumping by a corporation on private land
Section 50(1) - Littering
Section 50(3) - Dumping of hazardous substances
Section 76 - General Powers
Section 78 - Audits
Section 79 - Seizure
Section 84(1)(c) - Failure to Comply w. An order
Section 84(1)(d) - Failure to Comply w. The act
Section 88 - Admin penalties
Important EMPA Gen. Regs Sections
General Regulations
Section 13 - Definition of Industrial Waste
Section 14(1) - Industrial Activity w/o a permit.
