403 Midterm Flashcards
To bring charges under CEPA, you must be… What can you request?
18 years of age, and a citizen. You may ask to be kept confiential.
Someone has done some work along a lake, ripped up vegetation, added sand - what is the offence, act and regs, discuss compliance perspective of mitigation. What is your charge?
Aquatic habitat enforcement (Bed, bank and boundary destruction) - EMPA - 38(4)
Section prohibiting deleterious substances under the Federal Fisheries Act
Section 36(3)
Know two of the guiding principles of CEPA
- Sustainable Development
- Pollution Prevention
- Virtual elimination
- Ecosystem Approach
- Precautionary Principle
- Intergovernmental Cooperation
- National Standards
- Polluter Pays Principle
- Science-Based Decision Making
Which funds do Provincial fines versus Federal Fines go to?
Provincial - Impacted Sites Fund
Federal - Environmental Damages Fund
You must specify in court which fund it will be directed to
Which acts were repealed when EMPA 2010 was introduced?
Litter Control Act
Spill Control Act
Clean Air Act
Which chapter replaced the Spill Control Act
Discharge and Discovery - Chapter B of EMPA 2010
Can be charged under Section 8 of EMPA (catch-all section), or Section 36(3) of Federal Fisheries (deleterious substance)
Charge section for “Failure to Comply with the Code”
EMPA, 2010 - Section 84(1)(c)
Explain Results Based Regulations
Affects industry only. Gov. will allow you to use an alternate solution, provided that science/consultants/QUALIFIED PROFESSIONALS are used in the process.
“Alternate and Accepted Solutions”
5 fundamentals include: legislation code, compliance and enforcement, qualified persons, and online services.
Charge section under EMPA 2010 for “Failure to Provide Clean Drinking Water”
Section 33 - Anyone in charge of a water system must provide safe drinking water.
Two uses for water
consumption and hygiene
What Section of EMPA 2010 provide powers to an EPO?
Section 76 of EMPA 2010.
In Water treatment facilities, what qualifies as an upset condition?
Power outage, malfunction in equipment, broken pipes.
Who must be notified about upset conditions at water treatment plants, and what is the charge section in EMPA if you do not?
Notify WSA, and notify the public through a Public Drinking Water Advisory.
Failure to do so is a charge under Section 34(1) of the Waterworks and Sewer Works Regulations
What regulations control the disposal of scrap tires?
Scrap Tire Management Regulations
Someones burning grain bags, what charge you hittin them with?
EMPA 2010, Section 14 - Burning without a permit.
Half marks for EMPA 2010, Section 8 - catch all for prohibitions on discharges
EMPA Gen. Regs, Section 13 - Holds the definition of industrial waste (holds the definition of what industrial waste is - garbage, treated wood, shingles, oils, tires)
Total fine amounts from the Husky Oil Spill
$3.8 million in fines, $90 million in remediation
What legislation regulates the handling of Hazardous Substances and Materials
Hazardous Substances and Waste Dangerous Goods Regulations
What section provides officers with search authority under EMPA 2010?
Section 78.2
Who’s in charge of water in the province
WSA (and sometimes MOE)
Who charges on behalf of WSA
Conservation Officers.
Section of EMPA, 2010 for failure to comply with the order or code?
Section 84(1)(c)
Section of EMPA, 2010 for failure to comply with any provision of this code
Section 84(1)(d)
Section numbers for Environmental Protection Order and Immediate Environmental Protection Order
Sections 55 (IEPO - Effective for 45 days) and 56 (EPO)
What section prevents littering under EMPA, 2010
Section 50
What section prevents the dumping of sewage?
Section 50 - Littering Section.
EMPA section that prohibits any discharges that cause an adverse effect
Section 8
Federal Fisheries section that prohibits the release of deleterious substances into water
Section 36(3) of Federal Fisheries (deleterious substance)
Failure to comply with a permit under EMPA
Section 29(1)
What is the statute of limitation on EMPA?
Three years, from the time of being found out.
Municipal Refuge Management Regulations - Unauthorized burning
Section 9(1)
How many regulations under CEPA?
63 enacted regulations, 14 proposed.
How many chapters are in EMPA 2010.
17 Chapters
