Module 12 (3)

Question 1

what strikes a balance that rests as the core of sustainable development

Answer 1

Regulating pollution

Question 2

Why are pollution regulations in Canada considered “Permissive?”

Answer 2

Because pollution is rarely outright banned. Polluters are allowed to pollute as long as they comply with the law

Question 3

Why are pollution regulatins in Canada considered “layered?”

Answer 3

There are multiple regulations at play from BOTH provincial and federal laws

Question 4

What does it mean by “regulations should be complete”

Answer 4

environmental law should regulate and control every stage of a polluting facilities life

Question 5

Environmental law serves a special function called “enforcement and compliance” what does this mean?

Answer 5

It operates in situations where polluters fail to comply with the law

Question 6

What happens when a polluting actvity is initially proposed?

Answer 6

• environmental asessment
• balance (environmental. social, and economic considerations)
• apprival (depends on if the project is in the publics interest)

Question 7

What provincial law requires environmental asessments?

Answer 7

Environmental Protection and Enhancement Act

Question 8

What Federal law requires environemental asessments?

Answer 8

Impact Assessment Act

Question 9

What is the purpose of an environemental assessment?

Answer 9

To review the proposed project to determine if it will contribute to society, and what the social costs are

Question 10

At its core, an environmental assessment looks to _______ environmental, _______, and economic considerations.

Answer 10

Balance, social

Question 10

After a project is asessed, what does the province have to determine?

Answer 10

A Public Interest Determination:
determines whether the benefits of the activity outweigh its harms

Question 11

What is a very big environmental assessment called?

Answer 11

A panel review

Question 12

What was the end result of the environmental assessment for the paralell train pipeline

Answer 12

There were over 150 recommendations about conditions that should be imposed on the project. It was eventually approved

Question 13

What happens next after a project is approved?

Answer 13

The polluting facility can be can be constructed but needs authorization from the province

Question 14

What do polluting activities neef in order to conduct the activity

Answer 14

Provincial Authorization - limits certain actions that can happen on the sites

Question 15

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 _______.

Answer 15

Toxic substances; restrictions.
Use and disposal

Question 16

Environmental laws are only effrective if polluters _____ by them

Answer 16

abide

Question 17

What is Compliance and Enforcement?

Answer 17

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

Question 18

What are some enforcement actions that the police/state can give when someone breaks pollution laws?

Answer 18

Fines and other sanctions
Suspention of approvals (being told you cant operate temporarly or permanently)
Criminal charges

Question 19

Explain the R v Syncrude Case

Answer 19

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

Question 20

What is the R v syncrude case also called?

Answer 20

The Duck Case

Question 21

What law did Syncrude break?

Answer 21

A law that prohibits polluters from storing / using toxic substances in a way that can harm or kill wildlife

Question 22

What was syncrudes defence

Answer 22

They were mitigatiant it trying to deter birds from landing on the tailings ponds

Question 23

What was the courts decision?

Answer 23

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