regulation

Question 1

regulating pollution: acts and regs

Answer 1

• environment act and related regs

Question 2

regulating pollution: licensing and permitting

Answer 2

• case specific: operative permits/industrial approvals, legally enforceable
• allows pollution under conditions, need permit

Question 3

regulating pollution: directives

Answer 3

• legally enforceable

- province stepping in and asking for more info in industrial approval

Question 4

regulating pollution: orders

Answer 4

• legally enforceable
• if unsatisfied with directive, ask for order
• order: tell company to do things
• if company doesnt, province can take to court

Question 5

regulating pollution: policies and guidelines

Answer 5

informative but not enforceable

Question 6

air quality regs

Answer 6

• province committing to limiting emissions of certain amounts in certain years
• specific goals to be met by specific times - what is needed for regs
• can also be regs for amount emitted from a specific fuel source
• can also regulate specific companies - how much are they allowed to emit

Question 7

NP pulp mill regs

Answer 7

• environment act:
• no person shall release a substance that causes impact unless authorized by approval or regs
• no person shall release a substance in excess unless authorized

Question 8

activity designation regs (NP)

Answer 8

• anything designated as an activity in regs requires approval from minister
• construction, operation, reclamation of: pulp manufacturing plant

Question 9

industrial approval

Answer 9

• NP submits application
• NSE does technical review and evaluation - separate from EA
• approval given with terms and conditions to mitigate impacts
• often 10yr approval, 5 for NP

Question 10

dont like approval?

Answer 10

• appeal to minister of NS environment: public (not successful), pulp mill (partially successful), not to court yet
• dont like answer?: appeal to supreme court of NS

Question 11

violate approval?

Answer 11

• directive: inspection and investiations, specific requirements, produce document
• order: step that would be taken if there is a violation, alternative to prosecution - minister can conclude that violation has occurred without going to court

Question 12

prosecuting a regulatory offence

Answer 12

• to court
• offence under act or reg
• if convicted: a fine, possibly jail
• penalty purpose: deterrence - embarrassment, public education, remedy damage

Question 13

strict liable offences: r v sault ste marie

Answer 13

• types of offences: criminal vs regulatory law
• used to be prosecuted the same wya
• criminal: prove action and intention
• absolute liability: prove action, almost no defence possible - hard to prove intention
• strict liability: prove action only but defendant can try to show due diligence

Question 14

due diligence

Answer 14

• serious effort to be aware of environmental risks and prevent harm from occurring
• burden of proof on defendant to prove due diligence

Question 15

ECELAW 2014

Answer 15

• info on enforcement is hard to get
• reality: must submit freedom of info requests
• most fines are

Question 16

provincial signs of change: golf course

Answer 16

• aspotogan ridge golf course and residential development
• 9/18 holes built
• charged and found guilty of 9 violations under act
• $540 000 in fines
• but company dissolved

Question 17

federal signs of change: rubber duck race

Answer 17

• NSPI: fish kills at white rock generating station (duck race)
• increase water flow of dam for race, would kill lots of fish
• investigation: violations of fishery act
• volunteered to pay $50 000 to fed enviro damage fund
• minimum under fisheries fine: $100 000-4mil

Question 18

new registry 2018

Answer 18

• compliance and enforcement actions

- court ordered

Question 19

environmental

Answer 19

• informal complaint: phone NSE office or emergence number

- formal complaint: request an investigation, environment act section 115