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Enviro Law

Environmental Acts

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