Chapter 6 - Sectoral Regulatory Regimes Flashcards
What is the Bees & Neonics class action lawsuit an example of?
The cross-jurisdictional lawsuit in different regulatory regimes.
What is a LLR System?
Licensee Liability Rating
Who does the LLR system apply to?
Applies to upstream oil and gas wells, facilities, and pipelines within the scope of the expanded Orphan Fund/
What is the AER?
Alberta Energy Regulator
Define Oil Sands:
Crude bitumen deposits found in an area of northern Alberta and part of Saskatchewan that is approximately the size of New Brunswick.
What is the NEB?
National Energy Board
What is the CNSC?
Canadian Nuclear Safety Commission
What type of mines fall under federal jurisdiction?
- All mines on federal lands
- Uranium mines
What type of mines fall under provincial jurisdiction?
All mines on provincial lands except uranium mines
What is the “Ring of Fire”?
An area of Ontarios Far North with mining potential for many minerals.
What are Chattels?
Any building, structure, machinery, personal property (etc.) not otherwise privately owned and on mining lands that have been reverted to the Crown
What is an exclusive economic zone?
The area of ocean adjacent to the coastline belonging to the coastal state.
True or False: The federal government has primary jurisdiction over both seacoast and inland fisheries in Canada.
True
____% of Canada’s forest land is publicly owned.
93
What are forest tenures?
Legal instruments for forest use, particularly rights and conditions for timber harvest on public lands
What are FMAs? Define:
Forest Management Agreements; Long-term area-based agreements between forest companies and governments that permit the companies to grow, harvest, and remove timber from public lands
What are some examples of provincial forest statutes?
- BC Forest Act (1996)
- Manitoba Forest Act
- Ontario Forest Act (1990)
What are some examples of federal statutes?
- Forestry Act (1985)
- Indian Act (1985)
- Canada National Parks Act (2000)
True or false: Federal and provincial governments share responsibility for the regulation of agriculture.
True
What is Walkerton Ontario an example of?
Leaking nutrients into water-systems, poor agriculture management.
What type of relationship do federal and provincial governments have over aquaculture?
Memoranda of understanding
What are POPs?
Persistent Organic Pollutants
What do POPs consist of?
About a dozen chemicals identified as having long-lasting toxicity
What does the Pest Control Products Act (2002) do?
- Ensure pesticide is of value and effective
- Requirements to safeguard health and environment
What does the AER do?
Enforces specific prohibitions against hydrocarbon releases to land, water, and air using a “Compliance Dashboard” and enforcement and compliance tools
What level of authority are Fossil Fuels controlled under?
Environmental regulation occurs primarily at the provincial level
What level of authority is Coal controlled under?
Both the federal and provincial governments regulate coal
What type of jurisdiction does the federal government have on coal?
- Regulates interprovincial and international trade and commerce
- Manages non-renewable resources on federal lands
- Has jurisdiction over interprovincial and international emission
What type of jurisdiction does the provincial government have on coal?
- Govern exploration, development, and conservation
- Govern management of non-renewable resources and energy
What are some of the key debates over nuclear power in Canada?
- The financial cost of nuclear-generated power
- The risks of accident at a nuclear power plant
- The long-term disposalof nuclear waste
- The risk of nuclear weapons proliferation, as well as human and national security risk
What level of authority is Nuclear Energy controlled under?
Nuclear energy is primarily a federal
responsibility
What level of authority is Mining and Aggregates controlled under?
Jurisdiction over mining regulation is primarily provincial, except for mines on federal lands and uranium mines
what is the primary legislation that govern fisheries in canada?
Fisheries Act
The ________________________ established rules for the appropriate application of manure and other nutrients.
Nutrient Management Act
The ___________________ assists communities in developing plans to protect watersheds from threats to drinking water (including agriculture).
Clean Water Act
Pesticides are used for:
- Crop and forestry production
- Property protection
- Aesthetics
What has influenced Canada’s approach to pesticide regulation?
International law, such as the
- precautionary principle
- the Commission for Environmental Cooperation (CEC)
- the Stockholm Convention on Persistent Organic Pollutants
Define Biotechnology:
Any technology application that uses biological systems, living organisms to make or modify products or processes for a specific use.
What are Transgenic Crops?
Genetically engineered crops given specific characteristics to improve taste, appearance, and growth
Genetic engineering has what three applications?
- Transgenic Crops
- Microbes
- Hormones
What are the five key risks associated with Biotechnology?
- Reduction of Biodiversity
- Disruption of the Food Chain
- Competitive Advantage
- Uncontrolled Reproduction
- Cross-pollination
What are Transgenes?
Genetically modified genes
What is Biotechnology governed within?
The Federal governments existing framework, this approach is often contrasted with the process-based approach adopted by the European Union, which regulates the process of genetic engineering.
________________________: The lead agency responsible for agricultural products.
Canadian Food Inspection Agency
________________: The lead agency responsible for traditional and novel foods under the Food and Drugs Act.
Health Canada
____________________: Responsible for biotechnology under the Canadian Environmental Protection Act (1999)
Environment and Climate Change Canada
Who are the three agencies responsible for assessing new or novel products?
- Environment and Climate Change Canada
- Canadian Food Inspection Agency
- Health Canada
What is a Novel Product?
Product that exhibits characteristics that were not previously observed or no longer exhibits characteristics that were previously observed
What is Substantial Equivalence?
A new food product that is found to be substantially equivalent to an existing food or food component can be judged similarly in terms of safety; critics find this principle unscientific, arbitrary, and overly permissive in favour of food producers
