Environmental Law Lesson #1

How are New Laws Create?

• Like many things in law it’s a long process• There are 4 steps• Do you have any idea what they are?

STEP 11. New bill proposals are submitted by government ministers

or cabinet members a) Public Bills

These are proposals for laws that will affect the public in general. Most public bills are introduced by Government Ministers. Bills sponsored by the Government are numbered from C-1 to C-200 in order of presentation. If they are introduced first in the Senate, they are numbered starting S-1.

b) Private BillsThese are limited in scope: they concern an individual or group of individuals only. They confer a right on some person or group, or relieve them of a responsibility.

STEP 2

2. CABINET- is reviewed by the Cabinet. • Policy proposal is considered by the appropriate

Cabinet committee and recommendations are made to the Cabinet.• If Cabinet approves, the responsible Ministry issues

drafting instructions to the Legislation Section of the Department of Justice.• Draft bill is prepared in two official languages and

approved by the responsible Minister.• Draft bill is presented to Cabinet for approval.• If approved it is ready to be introduced in

Parliament.

STEP 33. PARLIAMENT – parliament reviews the bill and votes on it.

a) FIRST READINGFirst reading in either the Senate or the House of Commons. Bill is printed.

b) SECOND READINGSecond reading in the same House of Parliament. Members debate and vote on the principle of the bill. The House may decide to refer the bill to a legislative, standing or a special committee, or to Committee of the Whole.

c) THIRD READINGDebate and vote on bill as amended. NOTE: Once bill has been read 3 times in the House, it is sent to the Senate for its consideration.

STEP 4

4. ROYAL ASSENT Bill is presented to the Governor General for assent. • Governor General may assent to Bill in the Queen's

name, withhold assent or reserve assent. • When Bill is given Royal Assent it becomes law.

Video-Parliament Bill Reading • http://www.youtube.com/watch?v=seCxYevVYMA• http://www.youtube.com/watch?v=3pzhjH3Sdq8• http://www.youtube.com/watch?v=m9Y4NegAY_Y

Class Discussion…

Why do you think we need such a lengthy process? Or do we need it al all?

Canada’s Legislative System

Federal

Provincial

Municipal

Federal Legislation

• The Constitution gives the federal government power to pass laws relating to fisheries, shipping, interprovincial trade and commerce, and criminal law. The federal residuary power to pass general legislation for the "Peace, Order, and Good Government of Canada" also justifies environmental legislation.

Provincial Legislation

• Provincial powers cover all matters of a local nature and property and civil rights within the province. The provinces also have primary jurisdiction over agriculture, forestry, mining and hydroelectric development. These powers give the provinces ample authority to pass most kinds of environmental laws. • Provincial governments also "own" most natural

resources. Provincial provisions for exploitation of these resources may include measures intended to protect the environment.

Brian Storming

• brainstorm what sustainable development means

• come up with an object or word that symbolizes sustainable

development.

What is Sustainable Development

Sustainable development - development that meets the needs of the present

generation without compromising the ability of future generations to meet

their own needs.

What do YOU Think?

“Should sustainable development be enforced by Law and why. If yes what is the punishing for those that fail to obey

this law? “

Effects of Pollution

• Birth defects & health issues• Every 30 seconds, a baby

is born with physical defects in China

• Garbage landfills • More than 21 million

tons of waste was disposed of in Michigan landfills in 2005.

• Until 2010 Toronto used to send it’s garbage to Michigan

• Green Lane Landfill Site located in Southwold Township in the County of Elgin, southwest of the City of London, about 200 km from downtown Toronto.

Harms Animals

17th Century By the middle of the century there were about 450 million humans on

earth and 7 animal species became extinct (Extinct when itsDeath rate is Continually Greater than its Birthrate)

20th Century In October 1999 the world population hit 6 billion. Over the 20th

century 157 known animal species became extinct.

Do you know if Canada has any environmental

protection laws or regulations?

NOPE HAVE NO IDEA

YES WE HAVE…GIVE EXAMPLES

Environmental Laws • Federal• Arctic Water Pollution

Prevention Act• Canada Shipping Act• Canada Water Act• Canadian

Environmental Assessment Act • Canadian

Environmental Protection Act

• Provincial

• Conservation Authorities Act• Pesticides Act• Planning Act• Safe Drinking Water

Act• Ontario Water Source

Act • Dangerous Goods

Transportation Act

Environmental Law Lesson #2

Canadian Environmental Protection Act, 1999 (CEPA 1999)

CEPA 1999 is an important part of Canada's federal environmental legislation aimed at preventing pollution and protecting the environment and human health. The

goal of CEPA 1999 is to contribute to sustainable development

CEPA Overview • Deals with pollution prevention:

reducing toxic substances• Outlines a sets of processes to

assess the risks to the environment and human health posed by substances in commerce (business)

• Imposes timeframes for managing toxic substances;

• Provides a wide range of tools to manage toxic substances, other pollution and wastes

• Includes provisions to regulate vehicle, engine and equipment emissions

What is meant by the world ENVIRONMENT?• “environment” means the components of the Earth and

includes:• (a) air, land and water;• (b) all layers of the atmosphere;• (c) all organic matter and living organisms;• (d) biodiversity within and among species, and• (e) the interacting natural systems that include components

referred to in paragraphs

Environmental Rights and Obligations According to the Bill• Every Canadian has a right to a healthy and ecologically

balanced environment.• Canadian Environmental Bill of Rights – Page 8• The Government of Canada has an obligation, within its

jurisdiction, to protect each Canadian’s right to a healthy and ecologically balanced environment.

• Every Canadian has an interest in environmental protection and shall not be denied

• standing to participate in environmental decision-making or to appear before the courts in

Right to Access Environmental Information

In order to contribute to the protection of Canadians’ environmental rights, the government

of Canada shall ensure effective access to environmental information by rendering such

information available on request to the public in a reasonable, timely, and affordable fashion.

Through Environmental Registry

Environmental Registry• Federal government has also established an “Environmental

Registry”. Through the registry, citizens are provided with access to information such proposed new laws, regulations, policies and programs or about proposals to change or eliminate existing one.

• For example, if there has been a toxic spill and environmental actions is taken, document submitted by the ministry to the courts would be made publicly available through the registry.

• It’s like an electronic filling cabinet.• http://www.ebr.gov.on.ca/ERS-WEB-External/ we can check

what was posted today…

CEPA & Toxic Substances • The Canadian Environmental Protection Act, 1999, gives

Environment Canada the power to regulate substances that have been declared toxic as defined in the Act.

• To be determined toxic under CEPA 1999, substances must enter the environment in amounts that have or may have an immediate or long-term harmful effect on the environment or human health.

• The Act takes a risk-based approach to decision-making that considers the entry of substances into the environment, exposure conditions and inherent toxicity. This is accomplished by recognizing the need to virtually eliminate the most persistent and bio accumulative toxic substances and the need to control and manage pollutants and wastes, if their release into the environment cannot be prevented.

What is Considered a Harmful Substance?• A toxic substance is one that if it enters the environment or

may enter the environment will:a) Have or may have an immediate or long term harmful effect

on the environment or its biological diversity b) Constitutes or may constitute a danger to the environment on

which life dependsc) Constitutes or may constitute a danger in Canada to human

life or health.

Oil Change• One liter of oil is enough to contaminate one million liters of

groundwater used by households.• 40 percent of all used oil is carelessly dumped on the ground

or down the sewer, while another 21 percent is thrown out with the trash, eventually seeping out and entering ground water supplies and waterways.

Did you Know?

• Used motor oil can serve as a valuable energy resource too, being reprocessed into fuel that is burned in furnaces and in power plants to generate heat and electricity. In fact, just two gallons of used motor oil can provide enough electricity to run the average household for a day, or:• • Cook 48 meals in a microwave oven

• Blow dry your hair 216 times• Vacuum your house for 15 months• Watch television for 180 hours

Duty to Protect the Environment

• The Government of Canada is the trustee of Canada’s environment and shall conserve it• In accordance with the public trust for the

benefit of present and future generations.

This planet is your home-have you ever thought of it this way….what happens when

it’s discovered-Where would go?

Right to Request Review of, Acts, Regulations,Statutory instruments, and Policies

Any resident of Canada or legal person resident in Canada who believes that an existing policy, Act, regulation or

statutory instrument of the Government of Canada should be amended, repealed, or revoked, or that a new policy, Act, regulation or statutory instrument should be

made or passed in order to protect the environment, may apply to the Commissioner for the Environment and Sustainable Development (Auditor-General) with a

request and/or compliant.

Employer Reprisal (Whistleblower) Protection• A Whistleblower is a person who tells the

public or someone in authority about alleged dishonest or illegal activities occurring in a government department, a public or private organization, or a company.

• The CEPA protect the employee if the employer has decided to dismissed, disciplined, penalized, coerced, intimidated or harassed, or attempted to coerce, intimidate or harass the employee.

Time Limitation of the Act

• Any action taken under this legislation must be initiated within TWO year limitation period. This period runs either from the time a plaintiff becomes aware of the alleged conduct or from the time it is deemed that he or she should have become aware of the alleged conduct.

Why Do we need time limitation in Laws?

What Must one Prove?

• In Tort the plaintiff must prove his or her case on the balance of probabilities where as in criminal laws it’s beyond a reasonable doubt • Balance of probabilities – the standard of proof

required in a civil action showing that it is more likely than not that something occurred. In order words it is most likely that the accused knew that what they have done would have caused environmental harm

Environmental Progressive Principles

• Precautionary principle – Enables actions to be taken to restrict or limit an activity prior to having actual proof of harm when a threat of serious harm or damage exists. Note that full scientific proof of harm does not have to be established. • Polluter pays principle- requires that the users and

producers of toxic substances and pollutants be held responsible for costs associated with the regulations of these substances such as the clean-up of a toxic waste site.

Polluter Pay Principle• Requires that the users and producers o toxic substances and

pollution be held responsible for costs associated with the regulation of these substances, such as the clean-up of toxic waste sites.

Defence Under the Act • How can the accused defend him/her self again allegations• Due diligence – defendant must show that he or she took all

reasonable care to comply with regulations under the act, and took the necessary actions to avoid environmental harm.

• Defence of due diligence is not allowed when:• If the defendant committed the offense knowing of the damages

it may cause. • The defendant provided false or misleading information