Definitions

Question 1

Legislation

- two types

Answer 1

Legislation means statutes.

Legislation in Canada comes in two forms:
Primary legislation – Acts
Secondary or subordinate legislation – Regulations (and by-laws by municipalities)

Government control over individual actions is often described generically as “regulation”.

Question 2

Act

Answer 2

Acts only come into force after passing a vote in Parliament or a legislature.
require readings and debate.
remember, the Federal gov’t and the provinces can only pass legislation in furtherance of their enumerated powers under the Constitution Act, 1867 (ss. 91 and 92).
Acts “enable” government action.

Question 3

regulation

Answer 3

This is legislation enacted by a person or body that is subordinate to a legislative body.

The regulation must be in accordance with the governing Act.

Regulations often make the Act “work”.
Do not have to approved by the legislature
Often deal with administrative matters or things that might change on a regular basis

Municipalities (cities and towns) are created by provincial Acts, which in turn give municipal governments power to enact by-laws.

Question 4

Policy

Answer 4

Declared State objectives relating to the health, morals, and well being of the citizenry. In the interest of public policy, legislatures and courts seek to nullify any action, contract, or trust that goes counter to these objectives even if there is no statute that expressly declares it void.

Question 5

what are the two types of polices

Answer 5

Bureaucratic/administrative policy

Policy of a political party

Question 6

Policies

Answer 6

We are more concerned about administrative policies.
Typically define how a government department will interpret or administer an act or regulation.
= a guide to actions.

Policies are not legislation, but are important.

Question 7

Political policy

Answer 7

are statements of principle set out by a political group that direct the Executive Committee, informs the public

Question 8

Guideline

Answer 8

a statement by which to determine a course of action. A guideline aims to streamline particular processes according to a set routine or sound practice. By definition, following a guideline is never mandatory. Guidelines are not binding and are not enforced.

Question 9

What do guidelines do

Answer 9

provide basic scientific information regarding the effects of toxic and bioaccumulative substances to support the assessment of water quality issues and concerns and to establish Water Quality Objectives

Numerical concentrations or narrative statements that are recommended as levels that should result in negligible risk to biota, their functions, or any interactions that are integral to sustaining the health of ecosystems and the designated resource uses they support.

Question 10

Objectives

Answer 10

are science-based tools that provide an effective basis for managing the resources in aquatic ecosystems. These tools describe conditions that environmental managers and stakeholders agree should be met to protect the designated uses of freshwater, estuarine, and marine ecosystems. Water quality objectives are used in conjunction with other management tools, such as permitting processes, technology development, and enforcement, to achieve environmental conditions that support sustainable resource use

Can be site-specific

Question 11

standards

Answer 11

Enforecable

Present in a regulation

Question 12

Control Order

Answer 12

A document that requires the discharger to take specific action with an associated deadline. It is authorized by statute, binding upon the recipient, and directly enforceable by prosecution.

Question 13

Effluent Limit

Answer 13

A legally enforceable effluent requirement.

Question 14

Treaties

Answer 14

Boundary Waters Treaty (1909) forming International Joint Commission

The Columbia River Treaty is a 1964 agreement between Canada and the United States on the development and operation of dams in the upper Columbia River basin for power and flood control benefits in both countries.

Question 15

Agreements

Answer 15

Great Lakes Water Quality Agreement
a commitment between the United States and Canada to restore and protect the waters of the Great Lakes. The Agreement provides a framework for identifying binational priorities and implementing actions that improve water quality.

NWT-Alberta Transboundary Water Management Agreement.

NWT-British Columbia Transboundary Water Management Agreement.

Question 16

examples of issues

Answer 16

First Nations Rights - UNDRIP
First Nations drinking water quality
Stormwater management
Climate change 
and water supply
and infrastructure (water intakes)
and infrastructure (linear structures)
Cumulative effects
Endocrine disruptors
Irrigation and water rights

Question 17

what are Major water issues for the next decade (Bob Sandford)IWDA meeting November, Vancouver, 2017

Answer 17

need to reformat economic system for hydrological change
need to embed ecosystem services
need to fully characterize water issues within moral and ethical issues
need to extend concept of time to include future generations
need to improve transfer from promise and practice
need better transboundary resolution mechanisms
need to better resolve indigenous water rights
need to create a national water strategy