Module 12 (3) Flashcards
what strikes a balance that rests as the core of sustainable development
Regulating pollution
Why are pollution regulations in Canada considered “Permissive?”
Because pollution is rarely outright banned. Polluters are allowed to pollute as long as they comply with the law
Why are pollution regulatins in Canada considered “layered?”
There are multiple regulations at play from BOTH provincial and federal laws
What does it mean by “regulations should be complete”
environmental law should regulate and control every stage of a polluting facilities life
Environmental law serves a special function called “enforcement and compliance” what does this mean?
It operates in situations where polluters fail to comply with the law
What happens when a polluting actvity is initially proposed?
- environmental asessment
- balance (environmental. social, and economic considerations)
- apprival (depends on if the project is in the publics interest)
What provincial law requires environmental asessments?
Environmental Protection and Enhancement Act
What Federal law requires environemental asessments?
Impact Assessment Act
What is the purpose of an environemental assessment?
To review the proposed project to determine if it will contribute to society, and what the social costs are
At its core, an environmental assessment looks to _______ environmental, _______, and economic considerations.
Balance, social
After a project is asessed, what does the province have to determine?
A Public Interest Determination:
determines whether the benefits of the activity outweigh its harms
What is a very big environmental assessment called?
A panel review
What was the end result of the environmental assessment for the paralell train pipeline
There were over 150 recommendations about conditions that should be imposed on the project. It was eventually approved
What happens next after a project is approved?
The polluting facility can be can be constructed but needs authorization from the province
What do polluting activities neef in order to conduct the activity
Provincial Authorization - limits certain actions that can happen on the sites
Federally, under the Canadian Environmental Protection Act (CEPA), the federal government reviews portential ______ _________ that are available for use in Canada. For any substance that it determines to be toxic the government sets _________ on both its _____ and _______.
Toxic substances; restrictions.
Use and disposal
Environmental laws are only effrective if polluters _____ by them
abide
What is Compliance and Enforcement?
Compliance: maintaining conformity with the law
And if individuals dont follow the law….
Enforcement ; compelling offenders to comply with the law or punishing them when they dont
What are some enforcement actions that the police/state can give when someone breaks pollution laws?
Fines and other sanctions
Suspention of approvals (being told you cant operate temporarly or permanently)
Criminal charges
Explain the R v Syncrude Case
Ducks were migrating and landed on a large oil sands tailing pond (syncrude) where toxic wastes are expelled. The birds that landed were covered in oil and were unable to swim, they then drowned
Syncrude was prosecuted by both provincial and environmental law
What is the R v syncrude case also called?
The Duck Case
What law did Syncrude break?
A law that prohibits polluters from storing / using toxic substances in a way that can harm or kill wildlife
What was syncrudes defence
They were mitigatiant it trying to deter birds from landing on the tailings ponds
What was the courts decision?
Syncrude had the scarecrow and canon thing to scare the birds but didnt set them up. They were found guilty and got a 3 million dollar penalty
