Canadian Law Categories

EDRD: Manual Summaries:

UNIT 1:

Basic Concepts

The Law: a command of the sovereign, each with its own set of rules from different sources and aims. * Sovereign is any independent body with the authority to regulate society and backed by coercive enforcement Underlying body of rules used by actors/institutions of the legal system, to regulate behavior of the state/citizens in pursuit if justice, through social control, social change, dispute resolution

Canadian law: product of evolution of influencing customs,traditions, and decistions of the past, and is in constant state of change with the advent of new technology, globalization, social movements, and increasing body of precedents

Canadian Law Categories:

1.
Substantive laws: dictate the rights, duties and prohibitions of the state and its citizens. * Ex: free speech,duty of care, act of murder

2. Procedural laws: dictate how the substantive laws are to be used, administered, enforced and changed by the actors of the legal system * Ex: use of court evidence,jurt selection criteria, application of filling charges

Public Vs Private Law

3.
Public Law: concerned with structure, duties and powers of the government, and relations btw the state and its citizens * Ex: constitution, administered law and criminal law

4. Private Law: relations btw citizens and governs issues * Ex: marriage, divorce, property

Criminal Vs Civil Law

5. Criminal law: consider a crime to be an act against the state (similar to public)outlined by the Criminal Code of Canada (CCC). Even if act is towards an individual. * Crimes seen as deserving as condemnation of society and are punishable by law with the state taking action against offender, through prosecution and punishment for the purpose of incapacitation, specific/general deterrence. * Violations of CCC needs proof of guilt- beyond reasonable doubt, includes men’s rea (evil intent) 6. Civil Law: act against an individual where the person in the wrong must assert individual rights for the purpose of compensation (awarding of damages).

7. Tort Law : public and private wrongs between individuals are called torts * Nuisance, negligence or intentional

| Substantive | Procedural | Civil | Criminal | Public | Conduct of polling | Polling procedures | Government negligence | Tax evasion
| Private | Assault | Support payments | Trespassing | murder |

Justice
Pursuit of Justice=primary objective of Canadian legal system * Fair and equal treatment for all- ensured by Canadian Charter of Rights and Freedoms * Delivered through the punishment of the convicted and compensation for victim, to correct balance of right over wrong
Challenge for justice and courts * Pluralistic democracy is that of judgments with respect to context of offence and the influence on that context on the measure of right and wrong * Must consider context and situation and consideration of normative principles

Legal Institutions

Legal institution: collection of many institutions that make legal system, which outline laws that govern society.

Canadian legal institutions: many institutions that have elements of our government and judicial systems, Ex: legal traditions, legislation, regulations, policies * In Canadian institutions; relationships btw instituitons, and power distribution within the social organization of the legal systems (legislative,administrative, judiciary, enforcement agencies ) is considered.

2 types of Legal systems that operate in Canadian Legal System

Common law system and civil law system: impact use of legal institutions within each
1. Common Law System * Use of case law to establish legally binding precedents * Precedents: is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. * General principle: similar cases should be decided so as to give similar and predictable outcomes, and the principle of precedent is the mechanism by which that goal is attained. * Used throughout Canada , not in Quebec

* **Stare Decisis (doctrine): rule that any judicial rulings of the higher courts act as a binding authority on the decision of the lower courts within same jurisdiction—distinguishing characteristic of Common law system

* from English system

* Ex: provincial courts follow precedents of supreme court, but btw courts of different jurisdiction the rule of Stare Decisis does not apply, and outside rulings used only as persuasive authority

2. Civil Law System

* Distinguished by the basis of its legal institution on written codification of a body of rules, opposed to common system legal institutional basis of the doctrine of stare decisis. * Quebec’s civil system from Romano Germanic legal tradition- compilation of large body of rules governing private relations Code of Justinian later became hybrid with swiss code 1907 after fall of rome . * Civil Code of Quebec: acts in harmony with Constitution and Canadian Charter of rights and Freedoms to govern the private relations within the province

* Quebec Only

Branches of the Government-Legislature, Executive, Judiciary

1) THE LEGISLATURE * Primary purpose: the creation of laws * Laws are proactive or reactive- free to make changes/innovations in law * Influenced by public and private interests * 11 legislative bodies in Canada- 1 federal, 10 provincial * each legislative responsible for lawmaking’s within jurisdiction over matters within their authority (outlined in constitution)

Federal Legislature aka Parliament * Compromised of 3 entities: the Governor General, the Senate, the House of Commons
1. House of Commons aka lower house: * Vote on acceptance of a new bill or amended legislation introduced by outside party, or from within house of commons, or forwarded by the Executive * Members of house of commons/members of parliament-democratically elected as party representatives from big constituencies across Canada, after being nominated from within their representative party * Bill passed goes to Senate

2. Senate aka Upper house: * Approves bill * Is an appointed, non-partisan and bureaucratic entity that acts as a check on governmental power to balance interests of society.

3. Governor General: * Final authority to transform bill into federal statute- process called “ The Royal Assent” * Ex of Federal statute: Federal Sex Offender Information Registration Act

The Provincial Legislature
Compromised of 2 entities: the Lieutenant Governor and Provincial Legislature

1. Provincial Legislature * Same role as the House of Commons but MORE bureaucratic and More LIMITED in SCOPE * Party reps democratically elected from smaller constituencies across province, after first being nominated from within their representative party

2. Lieutenant Governor * Final approval * Transforming bill into provincial statue * Ex: Ontarios Clean Water Act

2) THE EXECUTIVE * Day to day decision making within jurisdiction * Focus on : budgets and spending * Execution of new legislation * Has power to introduce/suggest amendments to existing legislation based on party interests

Federal Executive: * Compromised of: The Prime Minister, Deputy Prime Minister, and the Cabinet-compromised of Ministers of many gov. departments

Provincial Executive: * Compromised of: the Premier and the Departmental Ministers

* Parties that represent both Federal and Provincial Executive are democratically elected and head either House of Commons or Provincial Legislature, although individual representatives are appointed within their respective party. * Elected parties which make up the Executives, use their power through the support of their party affiliations, which form the majority within each of the Federal and Provincial Legislatures

3) THE JUDICIARY

* Legal interpreter: primary role is the interpretation and administration of law for purpose of DISPUTE RESOLUTION, through process of adjudication (mediation). * 3 types of dispute: public, private defendant and public initiated- courts play passive/reactive role by placing burden on state or individual to address any alleged branch of law * courts assume objective and impartial perspective in pursuit of justice * Autonomous entity acts independently of government in interests of justice

* Performs lawmaking function within Common Law System, as Stare Decisis results in the creation of “judge-made law” * Gives judiciary power to influence future laws, impacting legal system with great convenience compared to long legislature process * But scope is limited compared to general problems/issues in society that Legislature deals with

4 Levels of Canadian Court System 0. Provincial and Territorial Courts: * cases deal with issues of family law,traffic violations, criminal offenses 1. Provincial and Territorial Superior Courts: * Deals with divorce and serious criminal offenses
Federal Courts: * Intellectual property, inter-provincial and federal disputes are resolved 2. Provincial and Territorial Appellate Courts/ Federal Appellate Court * Previous cases are reviewed 3. Supreme Court of Canada: * Final authority for all civil and criminal cases in country

ADMINSTRATION BODIES

* Quasi-judicial authority: primary role is the interpretation and application of regulation and policy in proactive/reactive context in purpose of social control * Have power to investigate and adjudicate (judge) through use of administrative tribunals , stare decisis does not apply * Compared to courts they exercise legally interpretations/applications faster and efficiently due to flexible/information expertise in given area * Ex: liquor control boards, conservation authorities, public utility agency * Members appointed due to expertise in subject area and applicable legislation and under authority of government and judiciary * Administrative agencies delegated power through legislation in which they created, to administer legislations it is through the creation of policies- may involve both civil/criminal matters * Policies enforced through control mechanisms: reporting obligations, issuing licenses, permits/approvals, standard settings, inspections, monetary penalties. * *** administrative bodies associated with law through interpretation and application of legislation, regulation and policy. Also tied to government through appointed positions and relationship with judiciary and governmental departments.

Land Use and The Environment in a Canadian Context

The Constitution

Constituton: a written or unwritten declaration establishing and ordering the political, governmental and legal structure of the state.

Included within a constitution is: * mode of political organization (monarchy, oligarchy or republic) * principal institutions (legislature, executive, judiciary) * function of various departments ( environment, justice, and agriculture) * responsibilities of the various levels (federal, provincial, municipal) * relationship between individual and the state

British North America Act 1867 (original constitution) The Constitution Act 1867 * Created by British imperial system, established Canada as a self-governing subordinate. * Document unified colonies as the Dominion of Canada- set up basic context for government in canada and made federal/provincial levels of government including respective legislative powers

Constitution Act 1867 Constitution Act 1982 * Canada now Independent state * Included provisions for: indigenous amendments, affirmation of indigenous rights, entrenchment of principal of equalization, delineation of provincial powers of resources * *** Act of 1982 introduced Canadian Charter of Rights and Freedoms as federal statute to be used/enforced across all jurisdictions within Canada= guarantees for basic civil and legal’s rights of all citizens
Issues with CDN Constitution Act: * Process for its amendment is bogged down in disputes over federal/provincial powers- blurred boundary of what is federal and what is provincial jurisdiction is apparent in regards to environment * Response: several jurisdictions created legislation to combat environmental issues- LACK FULL AUTHORITY though.

The Federal Government

Made of : Legislature, Executive, and Judiciary and federal departments/agencies.
Act of 1867- organized fed. Government and outlined legislative powers * Public debt and property Railroads,canals, ships * Trade and commerce Postal service * Taxation Census and Statistics * Military defense Beacons and Lighthouses * Navigation and shipping Sea coast and inland fisheries * Currency and coinage weights and measures * Bankruptcy and insolvency Copyrights and Patents * Indians and reservations Naturalization and Aliens * Marriage and divorce Penitentiaries * The Criminal Code Old Age Pensions * Provincial uniformity * Treaties * Interprovincial matters * International affairs lack clear division for land use and environmental issues, such issues fall under federal jurisdiction due to international, national, or inter-provincial scale * Example of land use issues that fall under federal jurisdiction due to international/national scale: * potential for proposed urban/ agricultural development to impact the Great Lakes Basin/ significant wet land * Example “ “ due to national/inter-provincial scale: * non-point source air pollution and point-source air pollution that cross provincial boundary/transboundary water issues (international and inter-provincial), * land use/environmental issues that relate to first nations territories (reserves), * actions funded under federal gov. programs

The Provincial Government

Made of : Legislature, the Executive, Judiciary and provincial ministries and departments

Provincial Jurisdiction : * Provincial Officials Provincial Lands * Forestry and Timber Sales Prisons * Municipalities Hospitals and Asylums * Licenses and Permits Property and Civil Rights * Provincial Courts Public Land * Energy Natural Resources * Education Agriculture

Issues under Provincial Authority: high potential for environmental impacts are energy and natural resources * Ex: Great whale hydro-electric project in quebec/ Alberta Oil sands: tons of controversies over impact * Prov. Jurisdiction over property, timber, municipalities allow for provinces to have A LOT of power over land use and environmental concerns. * Ex: Ministry of Natural Resources (MNR)- planning and maintenance of provincial parks – Algonquin park approval by MNR 77% of park is open to commercial logging.

Canadian Council of Ministers of the Environment : major intergovernmental body for environmental issues of national and international concern * Made of: Provincial ministries of environment work with provincial/federal ministries ( Ministry of Natural resources, transportation, federal ministry of oceans and fishers, Health Canada) * Clean air, water, communities and land, ecology, sustainability

The Municipal Government

* Upper-tier, lower-tier, single-tier municipalities * Cities, towns, villages * Regions and counties : larger geographical area that single-tier * Municipalities can function as an entity within larger region/county or independent of larger county * Ex: City of Cambridge works within Region of Waterloo. Cambridge is lower-tier and Waterloo upper-tier. * City of Brantford works independently from County of Brant- single-tier munc. * Counties exist in southern Ontario: composed of agricultural land, representing interests of rural population Regional Council : region govern system * Consists of : elected Regional Chair and Regional Councilors (either separately elected or are the elected Mayor of municipality) * Regions provide more services than its municipalities * Transit, policing, sewer and water systems, waste disposal, health and social services, larger land use planning and development * When organized into a region, lower-tier muncip. Responsible for : local roads, fire protection, garbage collection, local land use planning.

County Council : County govern system * Consists of: Warden, elected Mayor and its constituencies * Health, social services, and land use planning of its constituencies, it is constituencies are responsible for majority of services for residents * Single-tier municipalities responsible for all services for its residents

Municipal Council : governs each constituency * City council, town council or village council headed by Mayor * Members of council are elected and have authority to vote on issues of municipal concern through legal repeals, amendments and introductions

Each municipality can organize into departments/administrative bodies: planning department, tourism services, parks department and police services .

First Nations * Neither the Indian Act, 1985, or the First Nations recognize any sources of provincial or municipal authority. * Aboriginal rights, treaty rights, and land claim agreements can be subject to legislation and regulation without the approval of Aboriginal peoples if declared justified, which is said to exist when a valid legislative objective is present, and appropriate consultation, minimal infringement and aboriginal consideration is practiced. * Until First Nations successfully win the right of self government, their rights to land use, resource management and environmental protection will remain limited, conditional, and subject to subordination.

1.4 The Charter of Rights and Freedoms 5 Although the charter does not include any specific rights to environmental quality or protection, sections 7 and 15 are often argued as evidence for the existence of environmental rights of the individual. * section 7: everyone has right to life, liberty and security of the person… * section 15: every individual is equal before and under the law…

1.5 The structure and Function of Legal Instruments 6 bills are introduced by a member of the Legislature or the Executive,a nd then are passed through first, second and third readings, finally to be granted Royal Assent. * bills categorized as either public or private.

Regulation 7 regulation is developed by administrative bodies or by the Cabinet through order and council.

Policy 8 Throne speeches at the opening of the legislature often are an excellent platform for the delivery of current public policy at both the provincial and federal levels. * policies provide a prescriptive and proscriptive mechanism for the creation and achievement of specific goals, whether financial, managerial, political or administrative. 9 Policy contains: * a purpose statement, outlining why organization is issuing the policy and desired effects. * An applicability and scope of statement, describing who policy affects and which actions impacted policy. * An effective date which indicates when the policy comes into force. * A responsibilities section, indicating which parties and organizations are responsible for carrying out individual policy statements. * Some policies may include additional sections…

UNIT 2:
The Municipal Act, 2001 * Authority over land use planning for municipalities falls under the jurisdiction of the provinces * Ontario Municipal Act 2001 – an attempt to consolidate dozens of Acts related to municipal governance and then incorporate more flexibility for municipalities * Many municipalities operate according to legislation designed specifically for their own municipality (City of Toronto Act) * Legislative power regarding the ten political spheres include; * Special powers revolving around entrenched property and legal rights, such as powers of entry * Procedures to protect democratic rights, such as requirements for notice that municipalities must follow for choosing a public road * Or relations between two tiers of municipal government, for example the powers of an upper-tier to take over a highway from one of its lower-tier municipalities * There are many provisions in the act that carry out how authority is to be utilized – taxes, licenses, permits, approvals etc.
The Concept of Property * Property law provides the underlying basis for land use planning

Who Owns the
Environment? * There are many instruments that the state can use to exercise power over private land use, such as municipal zoning laws, and provincial and federal statues * Jurisdiction is a major ambiguity in the field of environmental law * State has power to exercise controls over environment, resources, and land use both private and public property when it is within their jurisdiction

The Planning Act, 1990 * The State has increasingly interfered with the private property holder in order top use the land they wished – as a result legislation such as the Planning Act have made private property interests subordinated to the public * Each province has its own version of Ontario’s Planning Act with authority delegated to various provincial ministers

Powers and Authority * The Planning Act gives authority to the municipalities to control and regulate private land use planning through the creation and enforcement if numerous instruments = official plans, zoning bylaws, severances, and subdivision controls * Section 8.1 of the planning act says that municipalities can further delegate powers through the appointment of a planning advisory committee

Instruments * All Included in the Glossary Assignment – Official plan, zoning by-laws, severances, and subdivisions

Process * The Planning Act contains numerous provisions that outline the processes that are to be followed for the creation and amendments of its instruments * Public consultation is required for the creation of official plans and zoning bylaws – however those processes are not publicly initiated as amendments are possible * The process for severances and subdivisions are very similar – they are both publicly initiated

Other Land Use Legislation and Regional Special Planning Areas * In addition to the Planning Act, there are other pieces of legislation in Ontario relating to the processes of allocation and management of land use * Places to Grow Act, Greenbelt Act, Oak Ridges Moraine Conservation Act * This legislation reflects a growing trend in Ontario to regional planning initiative in and more recently in Quebec

Special Area and Interest Legislation on Land Use * Importance of this type of legislation is the role of the province in setting out detailed regulatory instruments that guide and limit the ability of local government to plan * The special legislation (Greenbelt act, Lake Simcoe act etc.) express provincial interest in specific areas and environmental aspects of the province * This has resulted in tension between two levels of government – stems from provincial and local needs – between municipalities seeking growth as a basis for funding service while provincial interest is regarding provincial policy statement and implemented both through policy guidance and more recently regional specialized legislation and provincial level planning

Infrastructure Related Legislation * Provides the province with a method to oversee the municipal delegation of responsibilities * The management of adequate resources has implication for land use planning in regards to existing and new developments

UNIT 3:

Environmental Legislation & Regulation

3.2 The Right to Environmental Quality
The democratic principle of the public welfare role of the government provides the foundation for the Canadian environmental law.
However, the evolution of environmental law that began in the late 1960’s rests largely on another democratic principle—citizen participation. Since the public has not always demonstrated a willingness to trust the government to act on environmental concerns, public environmental campaigns have often included demands for participative rights in addition to environmental protection provisions.
Ecuador is the only country to go as far as to protect against environmental degradation of natural communities and ecosystems.
Since the environment is not considered a legal entity in Canada, it does not have a legal standing. This means that a person acting on behalf of the environment cannot press charges on an individual or corporation for environmental degradation. To prosecute, either a piece of provincial or federal legislation has to have been broken or the environmental issue must have caused damage to a person or property as actionable under tort law.
Common Law Doctrine of Public Trust & Environmental Quality as a constitutional right = theories proposed by the Canadian public but have not yet been fully established
The Doctrine of Public Trust: “By the law of nature these things are common to all mankind; the air, running water, the sea and consequently the shores of the sea” Currently adopted by the US not Canada
Means that despite government ownership over natural resources, some resources such as navigable waters are instead held in trust for the benefit of the public, creating a duty for the government to administer, protect, manage and conserve those resources and allow access for all. (gov’t owes a duty to its citizens to protect the environment) Originally, water bodies and their uses for navigation, fishing and commerce were held in trust. California expanded it to include the protection of ecosystems. They suggested that forests that protect those waters should also be included within the doctrine.
Although Canadian courts have been slow to recognize the doctrine, both the Yukon and the Northwest Territories have amended their legislation to include the doctrine of public trust.
The public trust would give citizens the right to a healthy environment through the establishment of a fiduciary duty by the state. – difficult argument to prove
It has alternatively been argued that a healthy environment is a human right as guaranteed under constitutional and legislative instruments. This argument would allow citizens to bring an action forward for environmental degradation.
Provincially, both Ontario and Quebec have made a healthy environment a human right through statutory reform, which will hopefully pave the way for other provinces and the federal government to follow suit in the future.
Ontario’s Environmental Bill of Rights (EBR) gives residents the right to sue for violations of an environmental Act or regulation or for harming a public resource through an application for an investigation.
3.3 Introduction to Canadian Environmental Legislation
Although environmental laws may be prohibitory in nature, these prohibitions are rarely absolute as exceptions are usually allowed, through a system of permits, licenses authorizations or orders obtained by a designated governmental agency.
3.4 Provincial Legislation
Ontario’s Endangered Species Act is an example of an environmental statute that impacts land use and land use planning on provincial lands and private property. The ESA gives the province the authority to regulate land use within the province for the protection of biodiversity, with the exception of Crown lands. The ESA aims to protect biodiversity mainly through the prohibition of damage or destruction to the habitat of threatened and endangered species.
2 ways that this is accomplished – “general” & “regulated” habitat protection.
General habitat protection is provided for newly added species and broadly protects the dens and nests, wetlands, forests and other areas essential for breeding, calving, and migration routes. This protection remains in place until a regulated habitat creation is created, which provides for more specific protection by also describing features such as geographic boundaries, or features of the area, such as creeks, cliffs or barns.
Regulated habitat protections have been proposed for the American badger, barn owl, eastern prairie fringed orchid etc. The proposed habitat provisions would protect dens that have been used in the past 12 months by a female badger while pregnant or raising young as well as woodchuck and ground squirrel boroughs within proximity of a badger den. These protections would place large restrictions on urban and rural development, impacting both private and public land use planning. Although the ESA pays particular attention to habitat protection, recovery strategies and management plans may be used to lace additional restrictions on the property rights of landowners.
Ontario’s Waste Diversion Act is one example of how the provincial government is attempting to reduce the release of waste into the environment. * Gives the WDO the authority to develop, implement and operate waste diversion programs and although these programs are created for regulation, they are not mandatory or enforceable on the public. * The act creates initiatives of a voluntary nature and thus provides one example of an environmental act that embodies an adaptive approach
Adaptive Approach Favoured when dealing with complex problems, when there is great uncertainty and when adequate time and resources are available to mitigate an acceptable and irreversible damage occurs (voluntary initiatives)
Command and Control Methodology (echoes the precautionary principle) usually employed when the consequences would be irreversible, when there is no time or capacity to implement any changes along the way or when the potential risks are deemed to be unacceptable.
Therefore, when any activity raises threats to human health or the environment, precautionary measures should be taken, regardless of the whether the effects are known or not

Clean Water Act – enacted in reaction to the Walkerton tragedy
Although the statute does not allow restrictions to be placed directly on reserve lands, restrictions are allowed to be placed on land uses surrounding the reserve, therefore impacting the quality and quantity of waters that flow onto the reserve. The purpose of the Act is to protect human health by attempting to avoid repetition of the tragedy in Walkerton.
3.5 Provincial – Federal Agreements
The Canada Ontario Agreement on the Great Lakes is a bilateral agreement (Canada & US) that demonstrates cooperation between the federal and Ontario governments in reaction to societal, technological and political influences. It addresses the issue of restoring and protecting the Great Lakes Basin Ecosystem. The lakes have been subject to large quantities of pollution due to inadequate sewage treatment, agricultural run-off and wastewater, and storm water discharges.
3.6 Federal Legislation
The Fisheries Act, is one of the oldest environmental statutes in Canada, which delegates the responsibility for the protection of fish and fish habitat to the Federal Department of Fisheries and Oceans. It is only one part of a very large web of law with numerous Acts and actors working together to achieve a common law. Fisheries Act works hand in hand with provincial and municipal frameworks.

UNIT 4:

Implementation and Enforcement of Environmental Law

4.2 Implementation Theory
4.2.1 Command and Control Methodology

Command and Control Methodology: rules are formulated to control human behavior, which are then incorporated and enforced in everyday practice. May be defined in statutes, regulations, policies, administrative orders and guidelines.

Fig 1.4: Intervention Strategies for Compliance Management

4.2.2 Approaches to Implementation: Enforcement and Conciliatory

2 Main Theories as to how implementation should be approached to ensure compliance of environmental protection within the command and control methodology 1. Conciliatory approach: compliance is achieved through education and relies on non-coercive measures and negotiations, intended to promote performance consistent with established environmental standards
(Example: non-point source pollution, indoor air pollution, climate change, and species at risk) 2. Enforcement Approach: compliance achieved through deterrence, relies on prosecution and penalties.
(Example: point source air pollution spills)

4.3 The Process of Implementation
4.3.1 Standard Setting

Environmental Standards: allow for the broader statutory definitions of pollution and environmental quality to be translated into technical, scientific and exacting quantities.
(Example: allowable emission levels, operational practices)

4.3.2 Instruments of Implementation

Instruments used for implantation include such things as plans, assessments and licenses.

4.3.2.1 The Use of Incentives

Incentives: least intrusive instrument for implementing an environmental regime. Created with the establishment of governmental programs to assist potential violators helping them meet standards. * Shared Expertise and research assistance: Governments abatement officers provide industry management and advice. They develop programs to reduce pollutants * Economic instruments: non-tax and tax incentives and public funding. * User charges: cost incurred by those using resources and based on consumption * Emissions trading permits: potential to control emissions through marketing units of allowable emissions * Tax Incentives: applied to resources used in the creation of pollution * Public Funds: tax revenues used to subsidize wise environmental choices.

4.3.2.2 Authorizing Documents

All development, operations and activities that may cause environmental impact may not commence without approval. Requires authorizing document in the form of permits, licenses and approvals.

Terms and Conditions (that approval documents are issued under): provide detailed performance standards that are particular to each approval such as site entry, inspections, reporting and disclosure of information.

If terms and conditions are not met punishments and remedial actions are in place.

4.4 Monitoring and Identification

2 Main actors responsible for monitoring environmental compliance. 4.4.1 Administrative agencies and 4.4.2 the Public

4.4.1 Administrative Monitoring

May take several forms * Background environmental monitoring: process of routinely sampling or observing the quality of the environment at a set of pre-determined locations at pre-determined times. Evaluates if protection regime is working and identifies any changes to be made. * Statutory monitoring requirements: requiring responsible parties to report spills or irregular discharges to statutory appointed authority. * Inspections: authority to conduct investigations in any place at any reasonable time, in order to determine weather containments has caused or threatens to cause adverse damage. * Auditing: used to monitor authorizing documents, certificates of approval, certificates of operation, environmental assessment approvals, approvals for plan of subdivision, issuance of building permit and other permitting approvals processes. * Investigations: differ from inspections in that inspections can be conducted at any time as an abatement activity, whereas investigations are only initiated to gather evidence when an environmental breach is suspected.

4.4.2 Public Monitoring

Public Complaints: mechanism to detect violations and environmental damage. Investigation is soon to follow.

4.5 Investigation of Non-Compliance

Refer to pg. 77 Fig 4.2: Determining the Appropriate Enforcement Tool
Refer to pg. 78 Fig 4.3: Health and Environmental Consequence Categories
Refer to pg. 79 Fig 4.4: Informed Judgment Matrix

Compliance Category 1: recommends the use of abatement tools to encourage compliance voluntarily
Compliance Category 2: recommends the use of both abatement and enforcement tools
Compliance Category 3: recommends that an investigation is commenced and enforcement tools are used.

4.6 Enforcement Mechanisms

4.6.1 Abatement Tools
Abatement tools: include all actions that may be taken to achieve voluntary compliance. Include education; authorizing documents, notices of violation, abatement plans ect. (See definitions below for above mentioned abatement tools)

Education and outreach: work cooperatively with individual to encourage voluntary compliance. Done through dissemination of knowledge and factual information.

Authorizing Documents: approval mechanisms, such as licenses, permits, certificates and approvals.

Notice of violation: written or verbal statement by an enforcement officer that requests an individual to take action to achieve compliance after a violation has been witnessed. Responsibility of individual to comply.

Abatement Plan: escalated notice of violation including a plan, which entails environmental, administrative and operational measures as well as a time from for mitigating responses in order to correct the violation and prevent re-occurrence.

Administrative Orders: used by court, Minister, Director or enforcement officer under statutory authority in order to impose legal requirements on individuals and businesses. * Officers orders * Directors orders * Control orders * Stop orders * Preventative orders * Remedial orders * Environmental Penalty orders: available under the EPA and Ontario Water Resources Act. Specialized tools that may only be served upon certain individuals. Reduce recurrence and negate any monetary benefits that are made possible through non-compliance

4.6.2 Enforcement Tools

* Offices Notices and Summons * Offence Notices – Tickets * Summons – Ticket with no set fine amount (must appear in court for sentencing) * Prosecution

UNIT 5:

5.2 Common Law vs. Statutory Law * Common law is based on judicial precedent and the doctrine of stare decis. Offences are deemed to be offenses against the person therefore it is the responsibility of the plaintiff to initiate judicial proceedings. * For statutory law, it is the state that initiates judicial proceedings against the defendant as a breach of statute is deemed an offense against the state. The Criminal Code of Canada is included in statutory law because the gravity of offenses is considered the most serious in Canada and thus- those offenses are considered acts against the state. * However, common law and statutory law are not mutually exclusive. In cases where a statute has been breached and an individual has been harmed- the state may file a state action suit while the individual may file a civil action suit. 5.3 Common Law Offenses and the Law of Torts * All three branches involve the assertion of individual rights * Contract Law: deals with rights &obligations that arise within contractual relationships * Property Law: deals with direct rights that arise in the context of personal property. It serves to protect against direct interferences. * Tort Law: deals with harms that are caused to a person or to property indirectly that is outside of contractual relations. The outcome is determined by what is considered to be the common decency of society according to the judiciary. It serves to protect against indirect interference to property and personal damages.
Tort law may be defined as a wrong that arises out of an act or a failure to act, for which a civil action for damages may be brought. The purpose of tort law is to allow a plaintiff to recover a remedy for harms such as monetary damages or an injunction (which requires the defendant to permanently or temporarily refrain from doing the offending act).
To sue under tort law, the plaintiff must demonstrate that they have a standing (requires the litigating party to hold property, health, or financial interests that were affected) and a cause of action. However, an exception of public interest standing has passed and it requires the plaintiff to prove that the issue is serious they have a genuine interest in litigation and that they are in a better position than anyone else to bring the action. Alternatively, in a class action- the plaintiff is a large group that were all affected by the same action. One plaintiff will act as the representative plaintiff who brings the action on behalf of all who were affected.
Causes of action are that categories of grievances that have been recognized by common law. 1. Nuisance: the tort of nuisance is the way common law governs the relationship between neighbours. It is based on the protection of property interest. Thus, nuisance may be defined as a material interference with the use and enjoyment of property. Specific criteria must be met when considering whether the harm is recoverable from nuisance. * The burden is on the plaintiff that is alleging the harm to prove on a balance of probabilities that the defendant has caused material interference * This means that the plaintiff must prove to the court that they are 50% or more likely to be the party in the right. * The standard for what is considered to be reasonable enjoyment is objective and is different in every case * Does the nuisance affect more than one person? * Most people will engage in a nuisance from time to time.
Nuisance in environmental context: the SCC case of KVP vs. McKie, the plaintiff sued under the tort of nuisance claiming that the pollutants (that polluted the river) caused an offensive odour and that their enjoyment of their property was substantially interfered with. At trial level, an injunction was granted against KVP and the judge noted that only legislation could take away the plaintiff’s right to be protected by a nuisance. This is a disadvantage to pursuing a claim under common law- the judiciary must bow to the legislature. 2. Negligence: another way common law upholds the rights that govern relationships between neighbours. It states that each individual is liable for the harms caused to peoples’ property by one’s own negligence. Negligence also distinguishes between legal harm and actual harm. For a harm to be recoverable, the burden is on the plaintiff to prove on a balance of probability that: * They were owed a duty of care * The defendant breached the required standard of care (varies depending on the circumstance) * They suffered harm * The breach caused the harm 3. Strict Liability has three main situational applications but it is seen to have originated in the case of Rylands vs. Fletcher. In this type- liability is when the defendant brings something dangerous onto their land that escapes and causes harm to another. The difference between negligence and strict liability is that whether the defendant acted negligently and was at fault is legally irrelevant. Liability under the tort of strict liability will be found when it is found that the defendant caused the harm rather than when the defendant’s culpability is (as is the case for negligence).
In the case of Rylands vs. Fletcher, Fletcher brought a case against Rylands for damages to his coal mine that was caused by the reservoir Rylands had built on his land. The courts ruled that the defendant was liable despite the absence of negligence. 4. Common Nuisance: is one of the oldest crimes in the CCC and has been proven if there is only a danger of harm. Common nuisance differs from civil nuisance in two ways * The purpose of civil nuisance is to apportion damages for losses incurred whereas common nuisance is to punish and deter blameworthy conduct * Common nuisance is not limited to those acts that materially interfere with the enjoyment of property- civil nuisance is.
The CCC defines common nuisance under s.180 (1) and s.180 (2). * S.180 (2): everyone commits a nuisance who does an unlawful act or fails to discharge a legal duty that may endanger the lives of the public or obstructs the enjoyment of any common right * S.180 (1): everyone who commits a nuisance and thereby endangers the lives of the public of causes physical injury
If pollution from a factory included a known carcinogen, but no cancer was reported, the factory could be charged under section 180 (1) the actus reus of the case consists of the discharge of the carcinogen and under 180 (2) for the endangerment of society. 5. Criminal Negligence: differs from the tort of negligence as the consequences are much more severe and require the power of the state to protect the public. The CCC defines criminal negligence as follows: * Everyone is criminally negligent who: i. Is doing anything ii. Is omitting to do anything that shows a reckless disregard for the public * S.220 Every person who by criminal negligence causes death to another person is guilty of an indictable offence and liable iii. Where a firearm is used in the commission of the offence- the maximum sentence is life while the minimum is imprisonment for 4 years iv. In any other case- the maximum is imprisonment for life * Everyone who by criminal negligence causes bodily harm to another person is guilty and liable to imprisonment of up to 10 years.
If the toxic waste in the Berendsen vs. Ontario case had caused the death of a young family member- the family could still sue under negligence and be compensated for their loss and pain. However, the government can also be charged under s220.

UNIT 6:
Law as Related to Natural Resources
***I think that a lot of the useful information in the manual comes from the definitions, I'm not going to touch on those because everyone should know them from the glossary assignment * • natural resources key in Canadian economy 7. • laws in respect to these resources are different than laws in land use 8. • natural resource: a feature of the natural environment that is of value in serving the needs of humans or the environment 9. • natural resource industries: mining, oil/gas, forestry, fisheries, agriculture 10. • common pool resources with closed access are resources that are on public land but one needs a license or permit to extract them; generally managed by the state, although sometimes through co-management, co-regulation or self-regulation 11. • common pool resources with limited or selective access are resources that are on public land but there are restrictions to how much, how it is used and the time of extraction (ex. Fish in some areas) 12. • common pool resources with open access are resources that have no exclusion regulations (ex. air/open bodies of water) they are becoming increasingly scarce due to environmental degradation and monitoring those who are exploiting set resources is difficult due to limited enforcement 13. •
Constitution Act of 1867 says: * • resources (renewable and nonrenewable), resource taxes and exports are under provincial authority * • Federal government has power over off shore resources, trade, international resources, statistics, international relations and boundaries * • shared authority over agriculture and fishing (although if there is conflict, federal gets final say) * • sometimes feds and provincial governments work together to create multilateral agreements (Canada-Newfoundland Atlantic Accord Implementation Act)

Federal Legislation includes the fisheries Act, RSC 1985: * • one of the most powerful federal legislative instruments * • gives feds power over ALL fisheries and fish habitats, so feds can intervene at any level (from oceans to local streams) * • works in coordination with provincial legislation (like the Ontario Fisheries Act) * • demonstrates joint jurisdiction of both feds and provincial governments * • provincial portion is more concerned with resource permits, equipment catch limits etc. * • Table of contents of both the federal act and the provincial act are on pg 106 and 110 * •
Federal legislation also includes the Canada Water Act * • not so much about intervening on provincial authorities but working in cooperation with them * • includes developing standards for water management programs, joint agreements, research, policy * • joint programs developed through this act are funded by the federal governments * • also allows the federal government to intervene if there is a water related emergency (flood, drought etc)
Federal legislation also includes the Forestry Act * • mainly used for research and practical development of forest resources management * • it is only applied to forestry that is on federal land

Provincial legislation examples includes: * • Ontario fisheries act * • Ontario water resources act

Mining and Minerals: * • in the early 1990s the crown moved the practice of reserving the rights to minerals for the crown in fee simple properties * • minerals are any material that is not at the surface or in soil used for agriculture or forestry that can be extracted for value * • surface land owners can negotiate with the government so they can receive compensation or royalties for the minerals that reside underneath their property * • subsurface resources like gas or oil or salt are governed under a different legislation

Critical Issues Facing Natural Resources Laws: * • conflict between public and private allocation of resources
• increasing sustainable behaviour has resulted in stricter regulations
• surface vs. Subsurface ownership in minerals

CHAPTER SUMMARIES:
Chapter 1: Basic Concepts in Environmental Law

Environment * The way the term environment is interpreted or understood in legal settings is directly linked to the scope of environmental protection * Environmental protection legislation protects environment as defined in that legislation and as interpreted by the courts in the light of legal principles drawn from many different spheres. * Those prosecuting the offence of doing damage to the environment must establish that the damage was inflicted on environment as that term applies in the specific context of the offence * Courts have also considered the problem of contaminants moving through the natural environment and perhaps affecting private property in the process * Each environmental statute must be carefully examined to assess its operational scope * It must not alter anyone’s personal inclination as to what environmental law should include * It will serve to identify some of the practical legal limits of statutory initiatives in place * In considering the purpose of the Ontario Environmental Protection Act, Gonthier J. acknowledged that “the social importance of environmental protection is obvious, yet nature of the environment does not lend itself to precise codification.”

Pollution * Anti-pollution measures are central features of environmental law, their application has always been complicated by controversy about the nature of the behaviour in question: * What is meant by pollution? * What constitutes prohibited levels of pollution? * “Pollution, in other words, is an administrative creation. The broad legal mandate of the agencies about water pollution control is transformed into policy by senior officials and given practical expression in the setting of pollution standards.” * Some jurisdictions have employed the concepts of contaminant and adverse environmental effects to delineate the harms that anti-pollution legislation is intended to control. * There are important interrelationships between legal responses to pollution and concept of risk * Pollution is not the only form of damage which an environmental protection regime seeks to address

Conservation * Conservation remains an important element of environmental protection programs and can certainly be found as an objective in environmental resource legislation * The Canadian Council of Ministers of the Environment (CCME) explained conservation strategy as “a guide for sustainable use of our resources and the environment”

Sustainable Development * Popularized internationally through the report of the World Commission on Environment and Development entitled Our Common Future, sustainable development has been widely endorsed within domestic environmental regimes * Sustainability is now widely regarded as a criterion or performance standard against which various developmental initiatives should be assessed * Sustainable development is “a continually evolving concept based on the integration of social, economic and environmental concerns.” * It may be achieved, by the following: a) The integration of the environment and the economy; b) Protecting the health of Canadians; c) Protecting ecosystems; d) Meeting international obligations; e) Promoting equity; f) An integrated approach to planning and making decisions that takes into account the environmental and natural resource coasts of different economic options and the economic costs of different environmental and natural options; g) Preventing pollution; and h) Respect for nature and the needs of future generations

Biodiversity and Ecological Integrity * Reference to ecosystems acknowledges the interconnectedness of biological communities and the surrounding environmental complex of which they are a part * As explained by the House of Commons Standing Committee on Environment and Sustainable Development, “the key insight of the ecosystem approach is that it is the integration and interaction among the living and non-living elements of an ecosystem that enable it to function as a unit. If one part is harmed, the entire ecosystem itself may be affected. Sustained life is a property of ecosystem integrity. Individual species cannot exist on their own.” * Adoption of the ecosystem focus represents a broadening of the objectives of environmental protection regimes * The concept of biological diversity gives prominence to the importance of variety in terms of life on Earth * As an objective for environmental legislation, biodiversity is increasingly common in Canadian statutes * Ecological integrity means “a condition that is determined to be characteristic of its natural region and likely to persist, including a biotic components and the composition and abundance of native species and biological communities, rates of change and supporting processes”

The Polluter-Pays Principle * The polluter-pays principle emphasizes the responsibility of those who engage in environmentally harmful conduct (either as producers or consumers) for the costs associated with their activity. * They should not be subsidized financially by direct public expenditures for environmental harm, nor should they enjoy indirect advantages from damaging the environment in ways that are not attributed back to them but are instead borne by others * The extent of liability under the polluters-pays principle and how responsibility might be apportioned remain complex and difficult issues in many circumstances * By general implication from the Supreme Court commentary, it would be necessary to distinguish pollution costs of a direct and immediate nature from those that would not be so described

The Precautionary Principle and Pollution Prevention * From its German origins in relation to good household management, the precautionary principle has evolved to encompass a cluster of basic principles with both substantive and procedural implications. * The precautionary principle accordingly offers guidance on managing the relationships between scientific uncertainty, the potential for adverse effects, and the legal or administrative decision-making process * The principle of precaution has been formulated in a number of ways and enjoys varying degrees of acceptance. * In international law, the Rio Declaration on Environment and Development clearly raised the visibility of precautionary claims in stating that “ where there are threats of serious irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation” * There has also been extensive discussion of Pollution Prevention, often known as P2 * Pollution prevention is predicted as a reorientation of environmental protection efforts so as to reduce or avoid the creation of environmental contaminants in the first instance rather than trying to control and contain their impact later * The federal government’s working definition of pollution prevention is “ the use of processes, practices, materials, products, substances or energy that avoid or minimize the creation of pollutants and waste, and reduce the overall risk to the environment or human health.”

EDRD 2650 Chapter Summary: Chapter 8 (138 – 147)
Administrative Compliance Mechanisms
A. Compliance and Administrative Enforcement
- Alternative strategies for encouraging environmental performance have been actively debated: * Some commentators advocate a conciliatory approach * Others have promoted a sanctions-based or penal model of enforcement * This is being influenced by effectiveness factors and by external developments affecting how enforcement is undertaken * The Charter of Rights and Freedoms is one such example
B. Reporting Obligations
- Operating licences and permits impose reporting obligations, which provide official with info concerning the normal operations of approved sites and facilities.
- Water treatment facilities * Are expected to conduct regular testing and report results.
- Waste Disposal Sites * May be required to report the nature and volume of materials collected by or delivered to them
- Spills * Statutory reporting obligations are now common in connection with spills and irregular discharges of contaminants. * The OEPA requires every person who discharges or causes or permits the discharge of a contaminant “out of the normal course of events” that causes or is likely to causes an adverse effect to notify the ministry forthwith. * Ontario has specific notification requirements for spills * Reporting obligations are also contained within the Fisheries Act and CEPA, 1999
- CEPA 1999 * There is a statutory requirement to report both releases and likely releases of toxic substances

-Self Incrimination from Daily Reporting * Possible prosecutorial use of information provide by those subject to regulatory reporting requirements on the grounds that it may violate the principle against self-incrimination and therefore be inconsistent with the fundamental justice under the charter. * Essentially, no state action can occur that forces an individual to furnish evidence against himself in a proceeding * This would violate the principle against self-incrimination

- Inspections * Licence agreements will often contain provisions concerning on going inspections of operations * Routine administrative inspections may be conducted for a number of purposes other than investigation of possible statutory violations including: * To locate and identify pollution * To confirm compliance with statutes, regulations, certificates of approval or administrative orders * To identify, contain, clean up and prevent future repetitions of incidents such as emissions or spills * To examine opportunities to reduce pollution or fore preventive and corrective action * To discuss and attempt to resolve neighbourhood complaints about pollution * To determine whether proposed construction or alterations should be approved * To ensure that pollution control equipment has been constructed as applied for and approved. * Statutory powers authorize inspectors to at any reasonable time to enter non-residential premises to determine whether environmental contaminants have caused or threaten to cause adverse effects, or to enter such premises in the reasonable belief that waste will be found there. * Inspections and investigations are clearly distinguished within the legislation of the CEPA, 1999 * The CEPA provides for search warrants for inspections in cases where access is refused
- Administrative Orders * Authority to issue administrative orders promoting compliance with environmental legislation is common across Canada. * As a matter of practice, apart from emergency situations, administrative orders are generally resorted to after discussion and consultation have failed to resolve an environmental situation * Insofar as failure to comply with administrative orders constitutes an offence, a party wishing to challenge such orders should generally do so directly be means of judicial review as was done in the case with Imperial Oil * An alternative way to challenge an administrative order in the context of enforcement proceedings is known as collateral attack, but such an approach is contentious and potentially problematic. * The purpose of the Environmental Protection Act’s purpose is not simply to repair damage to the environment resulting from human activity, but primarily to prevent contamination of the province’s environment.

Chapter 11
Remediation and Restoration of Contaminated Lands

Remediation - Identifying and eliminating or neutralizing contaminants through a variety of mechanical, physical, chemical and biological techniques.
Restoration - Measures take to return a site to previolation conditions. Bringing a part of the natural environment from a state of decay, injury or loss back to its original self-sustaining condition, so that it will support all the forms of life which formerly inhabited it.
The National Round Table on Environment and Economy (NRTEE) demonstrated important leadership in the course of its work on the redevelopment of brownfields. In connection with liability for contaminated lands in the context of brownfield redevelopment, a task force reported to the NRTEE with six recommendations: * Allow binding contractual allocation of liability. * Provide for termination of regulatory liability. * Provide for termination of civil liability after a limitation period. * Create an insurance fund [to deal with subsequent claims]. * Apply site-specific assessment and approvals regimes. * Provide regulatory approvals for remediation.
Several Canadian jurisdictions examined reforms to the legislative framework applicable to remediation and liability for contaminated lands.
Ontario guidelines describe elements of three possible approaches for responding to contamination in the context of cleanup or redevelopment.
The “background” approach has reference to naturally occurring, ambient, or background soil-quality criteria existing in the relevant area.
The “generic” approach associated specified land uses with soil and groundwater-quality criteria expected to safeguard against adverse environmental and human health effects.
The third was derived from site-specific risk assessment.
Such plans are expected to address: * The prevention, diminution or elimination of the harm * The restoration of all forms of life, physical conditions, the natural environment and other things associated with the public resources * The restoration of all uses, including enjoyment of the public resource.
Liability allocation is among the most sensitive and controversial matters in the field of remediation. Issues of allocating cleanup costs among the past and present property owners, business operators, financial participants, and other potential contributors to what will often be expensive undertakings.
Each province has taken a slightly different approach. For example, the Manitoba legislation says that those charged with deciding whether to approve such agreement are required to take all other relevant factors into account but must specifically “apply the principle that the primary responsibility for the remediation of a contaminated site lies with the person or persons who contaminated it and that they should bear the responsibility for the remediation in the proportion to their contributions to the contamination.”
A series of amendments to section 14.06 of the federal Bankruptcy Act alleviated some of the uncertainties of liability by providing that
Notwithstanding anything in any federal or provincial law, a trustee is not personally liable in that position for any environmental condition that arose or environmental damage that occurred, a) Before the trustee’s appointment; or b) After the trustee’s appointment unless it is established that the condition arose or the damage occurred as a result of the trustee’s gross negligence or willful misconduct.
National Contaminated Sites Remediation Program received $250 million for which it is to pursue three objectives over a five-year period: to promote the remediation of contaminated lands on the basis of the polluter-pays principle; to encourage the development of innovative remediation technologies; and to fund the cleanup of abandoned or orphan sites that pose risks.

Chapter 12
Environmental Assessment

Overview of Environmental Assessment * environmental assessment has become a planning tool that is now generally regarded as an integral component of sound making * basic idea * certain proposed activities should be scrutinized in advance from the perspective of their possible environmental consequences * significant divergences of opinion concerning the scope and implications of such proceedings * The components of a generic environmental assessment regime raise questions such as: 1. To what activities does the environmental assessment process apply? (ie. large/small public/private operations, projects only..etc) 2. By whom should the assessment be carried out? (ie. professional consultant, independent body etc) 3. What is the standard and scope of assessment? (will the assessment deal with only ‘direct’ and ‘significant’ or will ‘indirect’ be assessed?) 4. Is environmental assessment primarily concerned with the technical dimensions of specific purpose activity, or should it extend to consideration of the very utility of the proposal and to other means of accomplishing the same goals? 5. Will the assessment documents be subject to some further process of review and scrutiny? (ie department of government, public) 6. What should a review body be authorized to decide or recommend? 7. What are the consequences of not completing an environmental assessment? 8. Are follow up measures available to ensure compliance with an assessment decision? * Costs and delays associated with compliance were frequently the subject of criticism from proponents * Benefits of environmental assessment * Eliminates potential problems * Avoidance or reduction of environmental damage * Opportunities for public input into design and operational features * Cost savings resulting from the downscaling or cancellation features of ill-conceived and unnecessary projects
The Canadian Environmental Assessment Act (CEAA) * Procedures first adopted as cabinet policy in 1973 and then reissued in 1984 as the Environmental Assessment and Review Process Guidelines Order * Legislation seeks to ensure that projects within Canada or on federal lands do not cause significant adverse environmental effects on other jurisdictions and that opportunities are provided for public participation in the federal environmental assessment process * The Federal Court of Canada eventually determined that the guidelines order was legally binding and that compliance with its procedures was required * Assessments under CEAA has proven to be problematic * Complex and controversial * Concern arose about the scope, extent or coverage of environmental assessment process required by the Act * CEAA regime depends on the involvement of a federal authority on the exercise of one of a series of 4 statutorily define powers, duties or functions in relation to a project. * Environmental assessment under CEAA will begin with self-assessment by the responsible authority, taking the form either of screening or of a more elaborate comprehensive study * In the context of screening, the lowest level of assessment, any further public consultation is entirely at the discretion of the federal authority * The comprehensive study process differs from the screening as a form of initial assessment in that opportunities for public comment must be made available and the results provided to the minister of the environment among with the report. * The conclusion of the initial phase of assessment (either by screening or comprehensive study) establishes the basis for decision making
Provincial Environmental Assessment Regimes * Provincial environmental assessment regimes have been established in all Canadian provinces, although they differ * Ontario Environmental Assessment Act states that the legislation applies to * Enterprises/activities/proposals/plans/programs in respect of enterprises or activities by or on behalf of Her Majesty in right of Ontario by a public body(ies) or by municipality(ies) * Major commercial/business enterprises/activities/proposals/plans/programs in respect of major commercial or business enterprises or activities of a person(s), other than a person referred to in clause (a), designated by the regulations. * Ontario requirements for environmental assessment are comprehensive * Environmental assessment consists of the following * A description of the purpose of the undertaking * A description of and a statement of the rationale for the undertaking, the alternative methods for the undertaking, and the alternatives to the undertaking * A description of the environment that will be affected…the effects that will be caused…
Public Participation and Funding * Some level of public involvement has ordinarily been encouraged in the interest of a better process * Contributes to ‘minimization of confrontation and delays’ * Contributions have also been recognized in terms of legitimacy, accountability, and the importance of different perspectives * Depends not only on the decision to be made out but on the actual involvement of the public and the quality of that involvement