Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

CLN4U Exam Review > Environmental Law Lecture - Chapter 13 > Flashcards

Environmental Law Lecture - Chapter 13 Flashcards

1
Q

What is environmental law?

A

A rapidly growing area of the law.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What is the growth of environmental law largely fueled by?

A

Increased awareness on the part of the public and continued population growth, which puts more strain on the environment.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Because of the rapid development of environmental issues, what has often moved too slowly?

A

Legislation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Because of this, we will also need to discuss what?

A

How remedy can be sought via a civil action under tort law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Neither the federal or the provincial government has what?

A

Complete jurisdiction over the environment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Both levels of government have what?

A

Passed general and specific pieces of legislation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What does federal legislation include?

A

The Canadian Environmental Protection Act and the Fisheries Act

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What does the Ontario government assume?

A

Primary jurisdiction over environmental protection through a regulatory framework

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What are the three main statutes?

A

the Canadian Environmental Act, 1999, the Fisheries Act, and the Species at Risk Act

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What is CEPA, 1999?

A

First introduced in 1988, it is the main federal environmental statute

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

According to the CEPA legislation, the government is committed to what?

A

Sustainable development and pollution prevention

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What does the CEPA embrace?

A

Two progressive environmental principles

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What are these two principles?

A

The precautionary principle and the polluter-pays principle

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What does the Precautionary Principle state?

A

That full scientific proof of harm does not have to be established before environmental action is taken

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What does the Polluter-Pays Principle require?

A

That users and producers of toxic substances and pollutants be held responsible for the costs

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

The CEPA has been what?

A

Criticized

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

By January 2004, what had the CEPA listed?

A

56 substances as toxic.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What have some criticized CEPA for?

A

Taking too long to screen and designate toxic substances

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What has the CEPA failed to deal with?

A

Pollution that cannot be traced to a single source or non-point sources of pollution (e.g. run-off from a field)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What does the CEPA also allow?

A

Companies to pollute if it is within the limits of an existing permit

21
Q

What does the CEPA also allow (#2)?

A

More productive plants to pollute more.

22
Q

Although fisheries could fall under existing protection of species legislation it has been given what?

A

Special status in Canada

23
Q

Federal fisheries officers are given authority to what?

A

Make inspections and to ensure compliance under the act.

24
Q

S. 36 of the act makes it illegal to

A

Throw overboard or to allow the deposit of harmful substances into water inhabited by fish

25
Q

There is no requirement for what?

A

Proof that the material harmed fish

26
Q

What does the act allow for?

A

The deposit of certain substances by specific industries as long as they meet regulated levels (e.g. pulp and paper mills)

27
Q

In 2002, what did the federal government pass?

A

The Species at Risk Act which protects 233 endangered species

28
Q

What are the three purposes of the Species at Risk Act #1?

A

To prevent the extinction of at-risk species

29
Q

What are the three purposes of the Species at Risk Act #2?

A

To provide recovery for species at-risk

30
Q

What are the three purposes of the Species at Risk Act #3?

A

To encourage the management of species in order to keep them from becoming at risk.

31
Q

Prior to coming into place, the Species at Risk Act was?

A

Criticized, as it only applied to species on federal land.

32
Q

Where did the Species at Risk Act applying as it did leave the provinces?

A

To deal with species on provincial land.

33
Q

What else was the Species at Risk Act criticized for?

A

Protection for residence, not critical habitat (the place the animal collects food, breeds, cares for young)

34
Q

What are four of the major Ontario statutes?

A
  • The Environmental Protection Act
  • The Environmental Bill of Rights, 1993
  • The Environmental Assessment Act
  • The Safe Drinking Water Act, 2002
35
Q

The EPA is what?

A

The main piece of legislation

36
Q

What does the EPA serve?

A

To protect and conserve the environment by prohibiting the discharge of contaminants, regulating waste management, controlling vehicle emissions, and regulating ozone-depleting substances

37
Q

What does the Environmental Assessment Act require?

A

That proposed activities be studied before they are initiated in order to determine the possible consequences and that alternatives that could be persued also be discussed

38
Q

What does the Environmental Bill of Rights recognize?

A

That the people of Ontario have a right to participate in the government’s environmental decision making

39
Q

Where did the Safe Drinking Water Act grow out of?

A

The Walkerton Tragedy

40
Q

What has the Safe Drinking Water Act set out?

A

The law for a required standard of care for the owner and those that oversee municipal drinking-water systems

41
Q

The Safe Drinking Water Act: Under section 19, what must these individuals do?

A

“Exercise the level of care, diligence and skill in respect of a municipal drinking-water system that a reasonably prudent person would be expected to exercise in a similar situation”

42
Q

Courts are frequently involved in what?

A

Environmental issues when a civil action is launched.

43
Q

In such cases, what can the plaintiff seek?

A

A variety of remedies including damages or an injunction.

44
Q

What civil suits dealing with the environment have been based on claims of?

A
  • Nuisance
  • Trespass
  • Negligence
  • Strict Liability
45
Q

What is one remedy in tort law?

A

Seeking damages or compensation.

46
Q

Where does the difficulty arise with this remedy?

A

In trying to establish that a right has been violated and that a plaintiff is entitled to a remedy

47
Q

What is it also difficult to do with this remedy?

A

Determine the proper monetary compensation for environmental issues

48
Q

What is another common remedy in environmental issues?

A

An injunction, which requires a party to either do or not do something

49
Q

What are some cons of this remedy?

A

Litigation is also very expensive and often it is necessary to determine who has standing, especially in class action suits.

CLN4U Exam Review (17 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions