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Enviro Law
Environmental Acts
| Question | Answer |
|---|---|
| What is the most powerful federal environmental act? | Fisheries Act |
| What area do provincial governments hold power most often? | Agriculture, forestry, mining, and hydro |
| What issues do environmental laws address? | Air, water, land, noise, liabilities. |
| What are the four parts of the Canadian Legal system? | Constitution, criminal/quasi-criminal, civil, and administrative. |
| What does quasi-criminal mean? | It means that although it is not in the constitution, you must be guilty beyond reasonable doubt, and that you may face fines or jail. |
| What is a precedent-setting case? | A case which changes how similar cases are viewed in the future. |
| What is common law? | A law which exists without legislation. |
| What is provincial legislation granted by? | The constitution |
| How could you define civil law? | Civil wrongdoings caused by one, which cause the victim to receive compensation. |
| Give an example of a precedent-setting case. | Rylands v. Fletcher Ryland's poorly built resevoir flooded the Fletcher mine |
| When did law first get involved with science? | 1554 |
| Where do federal water acts have jurisdiction? | Fisheries, navigation,crown land, international trades in boundary waters. |
| What is the Canada Water Act? | States that consultation must occur beforehand, and provinces must agree. |
| What is the International Water Improvements Act? | Activities that will alter water flowing into the US require licensing. |
| What is a regulation? | A rule of conduct |
| What does the Canadian Environmental Protection Act regulate? | Substances that are known to be harmful. |
| When was the Canada Water Act founded? | 1970 |
| When was the Department of the Environment created? | 1971 |
| Name 3 other federal water protection acts. | Antarctic EPA, Environmental Enforcement Act, Migratory Birds Act. |
| What are three pieces of Alberta legislation regarding water? | EPEA(Enviro Protect and Enhance Act), AB Water Act, Climate Change and Emissions Management Act |
| What does the AB Water Act entail? | Administrative processes on managing and protecting water |
| What does the Climate Change and Emissions Management Act entail? | Facilities must reduce their Greenhouse Gas emissions. |
| Is the Fisheries Act criminal or quasi-criminal? | Quasi-criminal |
| Under the Fisheries Act, what id the definition of Canadian fisheries' waters? | All water in fishing zones, territorial seas, all internal waters, EXCEPT where there is no fish or fish progeny. |
| What are the six maritime zones according to the Oceans Act? | Internal Territorial sea (up to 12 mi) Contiguous zone (up to 24 mi) Exclusive economic zone (up to 200 mi) Continental shelf High sea |
| What is defined as fish habitat? | Any water that fish depend on or vital life processes. |
| What are the highlights of section 20 of the Fisheries Act? | Any water blockages require a fish pass with plenty of water, and if this is not done there will be fines/remediative measures taken |
| Under section 26 of the Fisheries Act, how much of a stream must be left unobstructed? | 1/3 |
| Under which section of the Fisheries Act does it say that water intakes need fish guards? | Section 30 |
| Summarize section 34 of the Fisheries Act. | Prohibits harmful substances and high concentrations of substances |
| How has section 35(1) changed over the years? What is it's main purpose? | Original: Protected fish habitat Newest: Protects fish that support fisheries\ Purpose is sustainability. |
| What is the exception to these sections, and in which section is the exception outlined? | The exception under 35(2) is that these my be contravened only if authorized. |
| Summarize section 36 of the Fisheries Act. | Harmful substances or parts of fish cannot be left on shore, dumped in the water, or dumped in sewers. |
| Who is guilty under the Fisheries Act? | According to section 40, anyone who controvenes without authorization |
| Summarize the outcomes of the Alberta Water Act. | Household water is a statutory right; sustainability goals; exportation of water to the USA is prohibited; Transfer of water between basins is prohibited. |
| What are the primary uses of water in AB? | Agriculture and Commercial/ Cooling |
| Do new water licenses have an expiry? | Yes |
| Can water allocations be transfered? | Only with approval |
| When would a water license not be required? | For household or traditional agricultural use |
| What are the conservation objectives of the AB water act? | Flow targets and quality targets |
| When did the Master Agreement on Apportionment come to be? What does it entail? | 1969 Alberta must ensure that half of it's water flow reaches SK |
| What does the Boundary Water Treaty of 1909 apply to? | Sharing of water with the USA |
| The 2014 AB Wetland Policy replaces what guide? | The restoration guide |
| What is an epehemeral wetland? | A big puddle |
| Are epehemeral wetlands considered under the Wetland Policy? | No |
| What is the goal of the AB wetland policy? | To conserve, restore, protect, and manage wetlands. |
| What are the four wetland value criteria? | Biodiversity, Water quality, Flood reduction, and human reliance |
| What are the four wetland values, and which is the highest value? | A, B, C, and D A is highest |
| Summarize the Wetland Policy outcomes? | Avoidance- prove that you tried to the avoid the wetland, through feasibility/foreign methods Minimize the impact- also includes monitoring Replace- restorative or non-restorative($) |
| What are the three areas of compliance? | Educate, prevent, enforce |
| Which section and Act affirms FN lands? | Section 35 of the constitution. |
| Which treaty land does edmonton fall under? | 6 |
| Which treaty does most of AB fall under? | 8 |
| Outline the steps of the consultation process. | 1. Assess 2. Inform 3. Level of of consultation 4. Address concerns 5. Records 6. Adequacy |
| To determine if a provincial impact assessment is needed, which document is used? | AB regulation 11/1993 |
| To determine if a federal impact assessment is needed, which document is used? | Fed regulation designations |
| What are the primary purposes of the environmental assessment act? | Promotes cooperation between federal and provincial regulators, and promotes cooperation with FN |
| When is consultation "triggered"? | If something is going to happen that may have adverse affects on FN treaty rights or traditional land use. |
| What major acts deal with harmful substances? | CEPA and Fisheries Act |
| What is the most comprehensive AB act? | EPEA |
Created by:
swilson67
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