Chap 7 & 8- vocab

Question 1

administrative law

Answer 1

the legal rules and processes that govern administrative decision-makers

Question 2

approval-based regimes

Answer 2

regulatory frameworks in which otherwise prohibited activities can occur if govrn’t permission or approval is obtained

Question 3

judicial review

Answer 3

a court’s review of an administrative tribunal’s decision to ensure that it acted within the powers granted under the legislation and respected the common law rules of natural justice and procedural fairness

Question 4

media-based regimes

Answer 4

regulatory frameworks that apply to a particular environmental medium, such as water, air.

Question 5

participation rights

Answer 5

rights of private individuals to be informed and consulted as part of the environmental approval process.

Question 6

private law

Answer 6

law pertaining to personal rights

Question 7

public law

Answer 7

law enforced by the state against those who fail to abide by it

Question 8

quasi-criminal offences

Answer 8

provincial offences punishable by heavy fines and up to 6 months in jail

Question 9

right to know

Answer 9

the most basic of public participation rights-namely the right to be aware of an issue that could be of public interest

Question 10

sector-based regimes

Answer 10

regulatory frameworks that apply to a particular sector or specific or specific area, such as energy, endangered species…

Question 11

whole-facility permitting

Answer 11

an approach to granting permits that involves a review of all the environmental exposures from a particular facility.

Question 12

absolute liability offences

Answer 12

minor offences where the intention of the offender is not a required element.

Question 13

administrative orders

Answer 13

orders made by government officials or authorized employees that impose specific requirements on individuals or companies.

Question 14

balance of probabilities

Answer 14

the standard of proof in a civil proceeding, whereby the plaintiff must convince the court that the allegations are more likely true than untrue.

Question 15

beyond a reasonable doubt

Answer 15

the standard of proof in a criminal proceeding

Question 16

command and control

Answer 16

state intervention involving the creation of rules and the enforcement of those rules

Question 17

construction standard

Answer 17

a government-approved pullution control systme that is to be used for a particular activity or in a specific situation

Question 18

criminal liability offences

Answer 18

serious offences under the Criminal Code, such as murder

Question 19

director

Answer 19

an appointee under the Ontario Environmental Protection Act who may issue an administrative order in certain circumstances

Question 20

environmental approval

Answer 20

permission issued by a government agency/official to carry out an activity that may impact the environment, provided that certain conditions are met

Question 21

health risk assessment standard

Answer 21

a quality-based standard that involves linking the standard under consideration to the health risks posed

Question 22

performance standard

Answer 22

a pollution limit imposed on a polluter, where the rule-marker is unconcerned with how the result is achieved

Question 23

point of impingement

Answer 23

the point at which a pollutant contacts the airspace, ground, or a building at or beyond the property boundary of the source of the pollutant

Question 24

provincial officer

Answer 24

a government official who carries out enforcement functions.

Question 25

provincial officers’ orders

Answer 25

orders issued by provincial officers that compel an individual/company to carry out certain actions to prevent or respond to an environmnetal problem

Question 26

standard of proof

Answer 26

the degree/level of care that is required- what is reasonable in the circumstances

Question 27

stay

Answer 27

the temporary suspension of a court order, usually pending an appeal

Question 28

strict liability offences

Answer 28

offences in which proof that an accused performed the prohibited act is sufficient to sustain a conviction, regardless of intention, unless the accused demonstrates that he took all reasonable care to avoid committing the prohibited act