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nat+law final P

practice for the final exam in natural resources and the law at fleming college

QuestionAnswer
To use natural resouces in a sustainable (not conservation or protection). To contribute to teh envirmental, social and economic well-being of Ontario through the sustaibable developemnt of natural resources. Goal of the MNR (Ministry of Natural Resources)
The population level at which resources can sustian the poplation. Population/Time graph and carrying capacity
Balance the social and economic benefits without negatively effecting public safety and agriculture. Challenge of the MNR
Hunting, Fishing, Trapping, Buying and Selling of Wildlife, Wildlife in Captivity, Protection of Wildlife Habitat 6 things the FWCA regulates (Fish and Wild Conservation Act)
Conservation, Allocation, Safety, Ethics and Renevue General policy goals under the FWCA (ways of regulating)
list of SP and WBN birds that cannot be hunted or trapped, SP=Specially Protected, WBN=Wild By Nature. Exeptions exist for certian bird species (game, shit, migratory and released birds) Hunting Conservation/Restriction on Hunting
Licences, Game Seals, Additional Seals, Adult Validation Tags (VT), Party Hunting, Equipment Specific VT, Seasons, Controlled Hunting Conservation Tools (Use Whitetail deer as an example)
Price of licences controls number of people who hunt. Also limit to number of licences issued. Licences
Cannot harvest animals without a seal. Seals can limit harvest to specifics (ex. only antlered animals) WMU=Wildlife Management Unit Game Seals and Additional Seals
Allows hunters to harvest antlerless deer (females or young). Used to control population. Adult Validation Tags
Whole party can hunt as many deer as there are tags, one person can shoot more than one deer. They can't shoot more than the combined total of tags the group has. Party Hunting
Makes sure you don't shot animals during the mate or when there is depended young. Controls type of weapon that is allowed to be used Seasons
Culling of the herd, trying to reduce populations. Can occure in any season. Controlled Hunt
Who gets What. Broken down into licence fees, bag limits, possession limits, equipment, commercial harvest. Allocation
No night hunting, wear hunter orange, hunter education course, no hunting from roads Safety
material must be 400inches squared, required head covering,.solid colour Hunter Orange
Unethical to shoot swimming wildlife. Limit firearm power for big game. Make sure animals don't suffer. Different people means different ethics so hard to regulate. Ethics
How government earns money. Licencing, Valedation Tags, Fines. 100% of collected money in Ontario goes back into wildlife managment. Revenue
What does the FWCA regulate (Fish and Wildlife Conservation Authority) Hunting, Trapping, Buying and selling wildlifem, wildlife in captivity, protection of wildlife habitat and Fishing in Ontario
This is a federal issue so little for province to control with the FWCA. Province does licencing Fisheries
Most regulated industry in Canada, high humain standards. Certain traps for specific species. Quotas on how much. Must register trapline. Trapping
Generally NO. Exceptions: fur, commercial fish, bait fish, hids and cast antlers. Not permited to sell fake items (ex. sell horse meat moose meat) Buying and Selling Wildlife (or parts of wildlife)
Generally NO. Exceptions: birds of prey/falconry, dog training and tialing areas, animal care and rehabilitation, amphibians and reptiles for eating, zoos and aquaria Wildlife in Captivity
One of the oldest pieces of legislature originated in 1860. Last major revision in 1913. Public Lands Act RSO 1990 (Provincial Act)
Public land, crown land, shore land, and navigable waterways Four types of public land terms
87% of all land in Ontario, includes most land under water (Crown land=Public land=owned by government) Public Land
Land covered or seasonally inondated by the water of a lake, river or stream Often is private land Must be inondated seasonally Linked to navigable waters Shore lands
Where land borders on a navigable body of water/stream flows has been heretofore or is hereafter granted by the Crown, it shall be, in absence of an express grant of it, that the bed of such body of water was not intended to pass/not pass to the grantee Navigable water way - beds of navigable waters act
Navigable in fact Navigable also means floatable Not neccessarily entire length Need not be used only capable of being used May not be navigable if used for private purpose of non navigable use ie. fishing Can be seasonal Reference to date of patent Elements of navigability
District managers can appoint officers No arrest powers No vehicle stop powers Public land officers
No person shall construct a building on/construct a trail, water crossing or road on public land Without a work permit or CFSA license No person shall dredge shore lands, fill shore lands, remove aquatic vegetation from shore lands, Ontario regulation 453/96
Sub section 14(4) Fail to obtain work permit Contravene conditions Fail to comply with stop work order Work permit offenses
Fine s.70 Stop work ability (ss 14 (5) Compliance order Penalty work permit
Ontario regulation 326/94 Free use resident 21 days free Private recreational Move to another location Non resident-camping Northern Ontario CL camping permit required Camping regulations
Set of land use/management policies applied to specific areas 07 Land use designations can get policy report specific areas Crown use landuse policy atlas
Go hand in hand with land use planning Resource planning
Habitt, water, First Nation communities What to protect in the far North
Frame work for First Nation and Ontario to work together, law for First Nations to approve land use plans on public land Community based land use plans Goal is to find an approach for both conservation and sustainable development Far North Act
Mineral development The McFaulds Lake project; one of the most promising development opportunities in Northern Ontario The Ring of Fire
Level assessment based on nature of project and potential for environmental effects Used to indentify, valuate risk to avoid or mitigate environmental effects Logical, transparent, accountable process to evaluation and consultation Environmental assessment act
GLIMR map of natural heritage features Should be included in EIA; include heritage information Geographic land information and mapping resource
Site alteration means activities such as grading, excavation and placement of till that would change the land form and natural characteristics of a sight. Does not apply to infrastructure projects under municipal class env assess drainage and mining acts 2 points of the provincial policy statement (PPS)
PPS applies only to planning matters Assessment is needed to demonstrate no negative impact Not all impacts are negative, can be positive 3 points of the provincial policy statement (PPS)
1.8 million acres; permanently protected green space Some of best agriculture land in Canada Can be expanded if you have proper arguments Help to manage population growth and build sustainable green economies GreenBelt
Early construction Official plans Zoning by laws Site development controls; division of land Tools/techniques
Set out ground rules for land use planning and describe how land uses can be controlled and who may control them Development of a healthy natural environment Open, accessible, timely and efficient planning processes Planning Act
Means gravel, sand , clay, earth, shale, stone, limestone, dolo stone, sandstone, marble, granite, rock or other prescribed materials Agregate
Does not include topsoil and peat Earth
Does not include metalic oars, asbestos, graphite, kyanite mica, nepheline syenite, talc, wollastonite and other prescribed materials Rock
To provide for the management of the agregate resources of Ontario To control and regulate agregate operations on Crown and private lands To require the rehabilitation of lands from which agregate has been excavated The purposes of the agregate resources act
All agregate topsoil of Crown On Crown land On private land in designated parts of Ontario Under water What the Agregate Resources Act (RSO)and Regulations apply to
Agregate permits for Crown land Wayside permits for private land - temporary for road construction Permits for the Agregate Restoration Act
Minister determines royalties based upon location, quality, type and accessibility Determining factors for govenment to decide on agregate Royalty amounts
Operate no license Do not follow regulations Failed to follow orders Minimum fine $500 Maximum fine $300 000 per day plus benefits Limitation of 5 years Offenses and penalties of agregate resources act
The lands used by a community, both home land and harvesting territory, prior to European contact. These areas may overlap other harvesting areas. These areas are more difficult to define than treaty areas Traditional areas
A set out system of government after British conquest & treaty of Paris Provided Indian policy All lands unsurrendered in 1763 reserved to Indians Indians can surrender only to the Crown at a public meeting with proper representation of Crown & India Royal Proclamation of 1763
For the surrender of traditional hunting grounds Indians could be traded with, but controls in place Indians given lands reserved for them, so as not to be molested or disturbed Promises given that they could have hunting grounds over unsurrendered lan Main reasons why the Crown entered into treaties with the Indians
The land described in the wording of a treaty document. Usually a distinct geographic boaundary. This is often the amalgamation of traditional areas. Boundaries may be arbitrary and often fromthe European perspective Treaty area
Activities which are a distinct and integral part of the culture of the community, prior to the exercise of sovereignty by the Crown, not usually written down Aboriginal Rights
A right which is provided by a treaty. Always a written record. Contractual agreement between Crown and representative of Aboriginal community. Treaty Rights
To identify SAR based on best scientific knowledge available To protect SAR in their habitat and promote recovery of SAR To promote stewardship activities to assist in the promotion and recovery of SAR Purpose of the ESA
SAR stands for Species at Risk
ESA stands for Endangered Species Act
Minister must make regulations to add to the species at risk in Ontario list within ______ Three months from when the COSSARO designate a species as a species at risk
No person shall kill, harm, harrass, capture or take a living member Possess, collect, buy, sell, lease, trade, or offer to buy, sell, lease or trade a living or dead member, any part of living or dead member, anything derived from living or dead member Section 9 of the Endangeered Species Act
No person shall damage or destroy habitat of a species in the SAR Section 10 of the Endangered Species Act
Stewartship agreements Permits - Human health and safety - Protection and recovery - Overall benefit - Social/economic development Regulations Fixable tools under the ESA
For the purpose of assisting in the protection or recovery of species May authorize activities otherwise prohibited by sections 9 and 10 Section 16 - Stewrdship agreement of the ESA
May authorize activities otherwise prohibited by sections 9 and 10 Subject to limitations: Activity required for human health/safety Purpose of activity to assist species Purpose of activity not to assist but overall benefit to species Section 17 of the ESA permits
Instrument issued by Minister Prescribed instruments from other ministers Federal government have same effect as permit except some conditions apply Section 18 of the ESA - Instruments under othere acts
Activity required for human health/safety Purpose of activity to assist species Purpose of activity not to assist but to overall benefit species Conditions of Section 18 of the ESA
May exempt activities otherwise prohibited by Sections 9 or 10 Activity cannot jeopardize the survival or recovery of the species in Ontario Section 19 of the ESA - permits/agreements with First Nations
Max fine $250 000 and one year imprisonment for first offence Max fine $500 000 and one year imprisonment for second or subsequent offence Individual penalties for the ESA
$100 000 000 fine for fist offence $200 000 000 fine for second or subsequent offence Corporation penalties for the ESA
Protection of health or safety Protection of property Hydro-electric generation sations Commercial cultivation of plants Incidental catch Rehab and care Zoos Falconry Possession prior to listing Exceptions to the ESA
Created by: Karubin