Chapter 6 - Sectoral Regulatory Regimes

Question 1

What is the Bees & Neonics class action lawsuit an example of?

Answer 1

The cross-jurisdictional lawsuit in different regulatory regimes.

Question 2

What is a LLR System?

Answer 2

Licensee Liability Rating

Question 3

Who does the LLR system apply to?

Answer 3

Applies to upstream oil and gas wells, facilities, and pipelines within the scope of the expanded Orphan Fund/

Question 4

What is the AER?

Answer 4

Alberta Energy Regulator

Question 5

Define Oil Sands:

Answer 5

Crude bitumen deposits found in an area of northern Alberta and part of Saskatchewan that is approximately the size of New Brunswick.

Question 6

What is the NEB?

Answer 6

National Energy Board

Question 7

What is the CNSC?

Answer 7

Canadian Nuclear Safety Commission

Question 8

What type of mines fall under federal jurisdiction?

Answer 8

• All mines on federal lands
• Uranium mines

Question 9

What type of mines fall under provincial jurisdiction?

Answer 9

All mines on provincial lands except uranium mines

Question 10

What is the “Ring of Fire”?

Answer 10

An area of Ontarios Far North with mining potential for many minerals.

Question 11

What are Chattels?

Answer 11

Any building, structure, machinery, personal property (etc.) not otherwise privately owned and on mining lands that have been reverted to the Crown

Question 12

What is an exclusive economic zone?

Answer 12

The area of ocean adjacent to the coastline belonging to the coastal state.

Question 13

True or False: The federal government has primary jurisdiction over both seacoast and inland fisheries in Canada.

Answer 13

True

Question 14

____% of Canada’s forest land is publicly owned.

Answer 14

93

Question 15

What are forest tenures?

Answer 15

Legal instruments for forest use, particularly rights and conditions for timber harvest on public lands

Question 16

What are FMAs? Define:

Answer 16

Forest Management Agreements; Long-term area-based agreements between forest companies and governments that permit the companies to grow, harvest, and remove timber from public lands

Question 17

What are some examples of provincial forest statutes?

Answer 17

• BC Forest Act (1996)
• Manitoba Forest Act
• Ontario Forest Act (1990)

Question 18

What are some examples of federal statutes?

Answer 18

• Forestry Act (1985)
• Indian Act (1985)
• Canada National Parks Act (2000)

Question 19

True or false: Federal and provincial governments share responsibility for the regulation of agriculture.

Answer 19

True

Question 20

What is Walkerton Ontario an example of?

Answer 20

Leaking nutrients into water-systems, poor agriculture management.

Question 21

What type of relationship do federal and provincial governments have over aquaculture?

Answer 21

Memoranda of understanding

Question 22

What are POPs?

Answer 22

Persistent Organic Pollutants

Question 23

What do POPs consist of?

Answer 23

About a dozen chemicals identified as having long-lasting toxicity

Question 24

What does the Pest Control Products Act (2002) do?

Answer 24

• Ensure pesticide is of value and effective
• Requirements to safeguard health and environment

Question 25

What does the AER do?

Answer 25

Enforces specific prohibitions against hydrocarbon releases to land, water, and air using a “Compliance Dashboard” and **enforcement and compliance** tools

Question 26

What level of authority are Fossil Fuels controlled under?

Answer 26

Environmental regulation occurs primarily at the provincial level

Question 27

What level of authority is Coal controlled under?

Answer 27

Both the federal and provincial governments regulate coal

Question 28

What type of jurisdiction does the federal government have on coal?

Answer 28

- **Regulates** interprovincial and international **trade** and commerce - **Manages non-renewable resources** on federal lands - Has jurisdiction over i**nterprovincial and international emission**

Question 29

What type of jurisdiction does the provincial government have on coal?

Answer 29

- Govern exploration, development, and conservation - Govern management of non-renewable resources and energy

Question 30

What are some of the key debates over nuclear power in Canada?

Answer 30

- The **financial cost** of nuclear-generated power - The **risks of accident** at a nuclear power plant - The **long-term disposal**of nuclear waste - The risk of **nuclear weapons** proliferation, as well as human and national security risk

Question 31

What level of authority is Nuclear Energy controlled under?

Answer 31

Nuclear energy is primarily a federal responsibility

Question 32

What level of authority is Mining and Aggregates controlled under?

Answer 32

Jurisdiction over mining regulation is primarily provincial, except for mines on federal lands and uranium mines

Question 33

what is the primary legislation that govern fisheries in canada?

Answer 33

Fisheries Act

Question 34

The ________________________ established rules for the appropriate application of manure and other nutrients.

Answer 34

Nutrient Management Act

Question 35

The ___________________ assists communities in developing plans to protect watersheds from threats to drinking water (including agriculture).

Answer 35

Clean Water Act

Question 36

Pesticides are used for:

Answer 36

- Crop and forestry production - Property protection - Aesthetics

Question 37

What has influenced Canada's approach to pesticide regulation?

Answer 37

**International law**, such as the - *precautionary* principle - the Commission for Environmental Cooperation *(CEC)* - the *Stockholm* Convention on Persistent Organic Pollutants

Question 38

Define Biotechnology:

Answer 38

Any technology application that uses biological systems, living organisms to make or modify products or processes for a specific use.

Question 39

What are Transgenic Crops?

Answer 39

Genetically engineered crops given specific characteristics to improve taste, appearance, and growth

Question 40

Genetic engineering has what three applications?

Answer 40

1. Transgenic Crops 2. Microbes 3. Hormones

Question 41

What are the five key risks associated with Biotechnology?

Answer 41

1. Reduction of **Biodiversity** 2. Disruption of the **Food Chain** 3. **Competitive** Advantage 4. Uncontrolled **Reproduction** 5. **Cross-pollination**

Question 42

What are Transgenes?

Answer 42

Genetically modified genes

Question 43

What is Biotechnology governed within?

Answer 43

The **Federal governments existing framework**, this approach is often contrasted with the process-based approach adopted by the European Union, which regulates the process of genetic engineering.

Question 44

________________________: The lead agency responsible for agricultural products.

Answer 44

Canadian Food Inspection Agency

Question 45

________________: The lead agency responsible for traditional and novel foods under the Food and Drugs Act.

Answer 45

Health Canada

Question 46

____________________: Responsible for biotechnology under the Canadian Environmental Protection Act (1999)

Answer 46

Environment and Climate Change Canada

Question 47

Who are the three agencies responsible for assessing new or novel products?

Answer 47

1. Environment and Climate Change Canada 2. Canadian Food Inspection Agency 3. Health Canada

Question 48

What is a Novel Product?

Answer 48

Product that exhibits characteristics that were not previously observed or no longer exhibits characteristics that were previously observed

Question 49

What is Substantial Equivalence?

Answer 49

A new food product that is found to be substantially equivalent to an existing food or food component can be judged similarly in terms of safety; critics find this principle unscientific, arbitrary, and overly permissive in favour of food producers