chapter 5

Question 1

What is Private Law?

Answer 1

Individuals exercise rights against others to protect their own property or interests

Question 2

What is Public Law?

Answer 2

The state imposes regulatory frameworks that set environmental standards and consequences for non-compliance

Question 3

Give an example of a Private Law.

Answer 3

Torts (e.g., nuisance, negligence)

Question 4

Name a piece of legislation related to Public Law in Canada.

Answer 4

Environmental Bill of Rights, 1993

Question 5

What is the main source of environmental law in Canada?

Answer 5

Common law or civil law and some statutory law

Question 6

What are the two key underlying mechanisms in regulatory regimes?

Answer 6

• Command function setting standards
• Control function ensuring compliance

Question 7

What does ‘strict liability’ refer to in environmental law?

Answer 7

A rule arising from Rylands v. Fletcher allowing individuals to sue for environmental harm

Question 8

What type of laws are most environmental laws in Canada classified as?

Answer 8

Public law

Question 9

What do environmental laws empower enforcement officers to do?

Answer 9

Prosecute individuals and companies that fail to comply

Question 10

What are the three main types of regulatory frameworks (regimes)?

Answer 10

• Media-based
• Approval-based
• Sector-based

Question 11

Define Media-Based Regimes.

Answer 11

Legal regimes compartmentalized based on environmental media: air, water, land

Question 12

What is an Approval-Based Regime?

Answer 12

An otherwise prohibited activity can occur if government permission/approval is received

Question 13

What characterizes Sector-Based Regimes?

Answer 13

Environmental laws categorized by sector or area (energy, endangered species, etc.)

Question 14

What approach has been seen in environmental assessment and planning since the 1970s?

Answer 14

Requirements for developers to assess possible impacts of development

Question 15

What is the Command Tool Box?

Answer 15

• Statutes
• Regulations
• Site-Specific Legal Instruments
• Policies and Guidelines

Question 16

What is a precautionary principle in standard setting?

Answer 16

No level of contamination is considered acceptable until proven not to have adverse long-term impacts

Question 17

What are Performance Standards?

Answer 17

A pollution limit imposed on a polluter without a requirement on how to achieve it

Question 18

What are Construction Standards?

Answer 18

Government-approved pollution control systems required for construction

Question 19

What are Environmental Quality-Based Standards?

Answer 19

Standards based on societal objectives for environmental quality

Question 20

Define Technology-Based Standards.

Answer 20

Standards developed based on the best available technology

Question 21

What are Informational Standards?

Answer 21

Legal requirements on industries to disclose information about environmental practices

Question 22

What are Pollution Prevention Standards?

Answer 22

A new approach focusing on preventing the use of pollutants in the first place

Question 23

What does the Control Toolbox include?

Answer 23

• Incentives and Financial Assistance
• Environmental Approvals
• Administrative Orders
• Prosecutions

Question 24

What do Administrative Orders do?

Answer 24

Impose legal requirements on individuals or companies to take specific actions

Question 25

What is the standard of proof for environmental offences?

Answer 25

Must be proven beyond a reasonable doubt

Question 26

What does 'strict liability' mean in the context of environmental offences?

Answer 26

Prosecutor need not prove mens rea; burden of proof shifts to defendant

Question 27

At what level does environmental regulation primarily occur in Canada?

Answer 27

Provincial level

Question 28

Which province has the most sophisticated regulatory system for oil and gas?

Answer 28

Alberta

Question 29

What does the federal government regulate in relation to coal?

Answer 29

Interprovincial and international trade and commerce

Question 30

What are the key concerns regarding nuclear power in Canada?

Answer 30

* Financial cost * Risks of accidents * Long-term waste disposal * Nuclear weapons proliferation

Question 31

Which act sets out obligations for nuclear energy oversight?

Answer 31

Nuclear Safety and Control Act

Question 32

What is the primary legislation governing fisheries in Canada?

Answer 32

Fisheries Act

Question 33

What act established rules for nutrient management in Ontario?

Answer 33

Nutrient Management Act

Question 34

What are the environmental effects of aquaculture?

Answer 34

* Water and sediment pollution * Depletion of wild fish * Negative effects on biodiversity

Question 35

What act established rules for the appropriate application of manure and other nutrients in Ontario?

Answer 35

Nutrient Management Act ## Footnote Established after the Walkerton incident to protect water from intensive agriculture.

Question 36

What does the Clean Water Act assist communities in developing?

Answer 36

Plans to protect watersheds from threats to drinking water ## Footnote Includes threats from agriculture.

Question 37

Name three harmful environmental effects of aquaculture.

Answer 37

* Water and sediment pollution * Depletion of wild fish * Negative effects on biodiversity

Question 38

What do Canadian laws governing aquaculture aim to balance?

Answer 38

Economic value of the fisheries industry and the need to protect the environment

Question 39

Who shares regulatory responsibility for aquaculture in Canada?

Answer 39

Federal and provincial governments ## Footnote Gaps in regulation still remain.

Question 40

What are the five strategic action plans developed for?

Answer 40

Sustainable aquaculture development

Question 41

For what purposes are pesticides used?

Answer 41

* Crop production * Forestry production * Property protection * Aesthetics

Question 42

What term was used for pesticides found to be persistent in the environment in the 1960s?

Answer 42

Persistent Organic Pollutants (POPs)

Question 43

What has happened to many Persistent Organic Pollutants (POPs) in Canada?

Answer 43

They have been banned

Question 44

What influences Canada's approach to pesticide regulation?

Answer 44

* International law * Precautionary principle * Commission for Environmental Cooperation * Stockholm Convention on Persistent Organic Pollutants

Question 45

What must happen for a pest control product to be used in Canada?

Answer 45

It must be registered by Health Canada through the Pest Management Regulatory Agency

Question 46

How do provinces and territories regulate pesticide use?

Answer 46

Through classification systems and training and licensing requirements

Question 47

What have many municipalities done regarding pesticide use?

Answer 47

Passed bylaws to control and reduce pesticide use within their boundaries

Question 48

What is a concern regarding new life forms and biotechnology?

Answer 48

We rarely know how they will interact with the natural environment

Question 49

How will biotechnology be governed in Canada?

Answer 49

Within the existing framework of legislation and regulatory agencies

Question 50

What applies if the product of genetic engineering is food?

Answer 50

Food safety regulations

Question 51

What is the novelty threshold in the context of biotechnology?

Answer 51

Products are subject to assessment if considered novel

Question 52

What type of approach does Canada's regulatory framework for biotechnology conform to?

Answer 52

Product-based approach

Question 53

What type of approach does the European Union use for biotechnology regulation?

Answer 53

Process-based approach