Government Regulations Flashcards

1
Q

Environmental regulation can promote economic development, growth and innovation? How?

A

Environmental regulation can indeed promote economic development and innovation. By setting standards and rules, it creates a framework that encourages companies to innovate to comply with these regulations. This can lead to the development of new technologies and solutions, such as renewable energy or energy-efficient products, which can create new markets and job opportunities. Additionally, regulations can lead to cost savings through increased efficiency and can also enhance a company’s reputation, making its products more attractive to consumers. Moreover, by mitigating environmental risks, regulation can ensure long-term economic stability and growth.

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2
Q

Why is it important and why do businesses want laws to ensure fair competition?

A

No dejar que monopolies don’t let compete other companies. Fair competition laws are important as they ensure a level playing field for businesses, fostering innovation and consumer protection. Businesses want these laws to prevent unfair practices and ensure a healthy, competitive market.

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3
Q

Why is “impact on the consumer” the focus of competition cases?

A

Because the main goal of competition laws and regulations is to protect consumer welfare. This ensures that they will benefit from fair prices, high-quality products, etc. This aim to maintain healthy market competition, ensuring that benefits of economic activities are passed on to consumers rather than being confined to dominant market players.

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4
Q

What business practices interfere with competition?

A

(1) restraint of trade clauses in contracts including employment contracts
(2) mergers and market domination through monopolies
(3) market manipulation through collusion (eg price-fixing)

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5
Q

What does the Competition Act does to prevent monopoly and promote competition?

A

It uses criminal and civil penalties by (1) preventing conspiracy to manipulate markets through cooperation among competitors such as bid rigging (businesses agree to bid a certain price), (2) abuse of a dominant position such as price fixing (gas stations all agree to sell gas at the same price), and (3) certain mergers that create a dominant market position (Amazon?) and the Act provides remedies (stop to anti-competitive practice, dissolve the merger, hold the merged companies separate)

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6
Q

What is price fixing?

A

Is an illegal practice where businesses agree on prices for their products or services instead of competing against each other. This collusion violates antitrust laws as it prevents the natural market dynamics of supply and demand from setting prices, often leading to higher prices for consumers. Agreements about this can be a violation of the Competition Act.

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7
Q

What is abuse of market position?

A

Often termed as “abuse of market dominance” or “abuse of dominant position”, occurs when a company with a substantial share of a market uses is power to engage in practices that restrict competition. This can include imposing unfair prices, limiting production, hindering innovation, or applying different conditions to equivalent transactions with other trading parties, thereby placing them at a competitive disadvantage.

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8
Q

What does Laws on consumer protection do?

A

Laws on consumer protection (federally and provincially) protect consumers against false or deceptive claims about products or services, including claims or sales made online.

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9
Q

What is the process for a merger in this context?

A

The companies would have to inform the Competition Bureau (government) of the proposed merger and the Bureau would investigate taking a look at size of market share and likely impact of the merger, including on consumer prices.

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10
Q

What are the main areas of consumer protection that businesses need to be aware of?

A

Businesses obligations in respect of:

  • Advertising and marketing
  • Product Safety
  • Sales of Goods Act
  • Information Disclosure
  • Electronic Commerce
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11
Q

What is misleading advertising or deceptive marketing?

A

Refers to the use of false, misleading, or unproven information to promote products or services. This type of advertising deceives or has the potential to deceive consumers, often leading them to make purchasing decisions based on incorrect assumptions or information. It can include exaggerations, false claims about a product’s benefits, hidden fees, or misleading comparisons with competitors’ products.

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12
Q

Which regulations were created for consumer protection?

A

Natural Health Product Regulations

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13
Q

Spam and Consent: Can businesses send electronic messages to encourage commercial activity?

A

No. Businesses cannot send electronic messages to encourage participation in a commercial activity (CEM) unless you have the express consent from the recipient (cannot rely on implied consent) and businesses must provide way to “unsubscribe” at no cost.

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14
Q

What happens if businesses do not obtain express consent and still spam?

A

They can be sued for damages up to $200 for each non-compliant CEM up to maximum of $1 million per day, and CEOs, officers and directors of a company can be held personally liable of the violation.

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15
Q

Why create rules about environmental protections and harm?

A

Rules about environmental protections are created to prevent harm to ecosystems, preserve natural resources, and ensure public health and safety. These regulations aim to mitigate environmental degradation, such as pollution and habitat destruction, which can have significant long-term consequences for both the planet and human populations.

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16
Q

Why do businesses want environmental regulations?

A

Businesses often support environmental regulations because they provide a clear framework and level playing field, reduce the risk of environmental damage (which can be costly), encourage innovation and efficiency, improve brand image and market competitiveness, and align with growing consumer demand for sustainable practices.

17
Q

How do environmental rules also create opportunities for innovation and disruption?

A

Environmental rules spur innovation and disruption by motivating businesses to develop new, eco-friendly technologies and practices to comply with regulations, creating opportunities for market leadership in emerging green industries.

18
Q

What is sustainable development and what are the implications for businesses?

A

Sustainable development is the practice of meeting current needs without compromising the ability of future generations to meet their own needs. For businesses, this means operating in a way that balances economic growth with environmental stewardship and social responsibility. The implications include the need to adopt eco-friendly practices, innovate for resource efficiency, and consider the long-term impacts of business decisions on the environment and society.

19
Q

Who should bear the cost of environmental pollution and degradation? Business? Communities? Taxpayers?

A

Businesses should bear the cost. They should prevent environmental harm, and if this happen they have the responsibility to repair the harm, to pay for it, to make things better again.

20
Q

What are the types of environmental rules and risks?

A

Canadian, provincial, local/municipal, international agreements (and there are sometimes overlap between them) and common law rules.

21
Q

Environmental Rules and Risks: What does federal an provincial statues create?

A

They create liability for environmental harm and that includes businesses and corporations, businesses owners (sometimes personal liability), landlords, also banks and lenders are liable (whoever is partially responsible for the polluting property).

22
Q

What is the purpose of CEPA (Canadian Environmental Protection Act)?

A

Prevent an respond to environmental pollution in order to promote environmental and human health alongside economic development, particularly sustainable development. Balance economic development with environmental preservation in what is called sustainable economic development.

23
Q

What does CEPA do?

A

research, setting of standards, guidelines, codes of conduct, monitoring, inspection, prohibited substances, enforcement, remediation and penalties for violation, protect whistleblowers

24
Q

What are the government powers in this context?

A

Inspection powers, examine records, computers, require environmental assessments.

25
Q

What are the businesses obligations in this context?

A

Duty to report environmental problem or hazard, create pollution prevention plans and due diligence.

26
Q

What is purpose of the Canadian Environmental Assessment Act?

A

Serves as a legislative framework to evaluate the potential environmental impacts of proposed projects in Canada. Its core purpose is to ensure that significant adverse environmental effects are identified and mitigated prior to project approval. The act encourages sustainable development through collaborative assessment processes involving federal and provincial entities, Indigenous peoples, and public participation

Projects that may have environmental impact must undergo “impact assessment” to identify and mitigate environmental and social impact and that impact assessment include hearings and consultations with impacted communities.

27
Q

What is the Duty to consult?

A

The obligation to hear the concerns form communities impacted by projects BUT this process does not give these communities a “veto” over a project.

28
Q

What are some challenges with an Impact Assessment?

A

How do you assess environmental impact, and social impact, and possibilities for mitigation, and what are the costs associated with environmental harm and mitigation.

29
Q

What is the purpose of the Canada’s Climate Change Action Plan (CCCAP)?

A

To address climate change through a comprehensive approach that includes setting emissions-reduction targets, implementing carbon pollution pricing, establishing an oil and gas emissions cap, reducing methane emissions, and enacting regulations to phase out fossil fuel subsidies​​. The plan is a coordinated effort to reduce the environmental impact of climate change while promoting sustainable development and economic growth.

Balance sustainable economic growth and development with policies that will reduce the impact of human activity on the climate.

30
Q

Best Available Technology

A

many environmental laws require businesses to use BAT but do NOT specify exactly which technology must be used since the main objective is to meet the environmental target through any numbers of ways

31
Q

Risk Management Strategies for Government Regulations in Consumer and Environmental Protection?

A
  • Identify Rules and Obligations
  • Evaluate Compliance at your Business
  • Evaluate Costs of Compliance and Compliance Strategies
  • Evaluate Benefits of your Environmental Reputation