Deck 15: Federal Air Pollution - Control Policy

Question 1

In the case of Regina v.Crown Zerllerbach Canada,the courts ruled that the federal government had the regulatory power under POGG to require a permit for discharging logging debris in the ocean because marine pollution was deemed a matter of national concern giving them the authority to enact the regulation.

Answer 1

True

Question 2

When both the provinces and the federal government have laws over the same area this is known as ________ and the doctrine of ________ describes the situation where federal law takes precedence over provincial law when the laws are in conflict.

A)concurrency;paramountcy
B)concurrency;legitimate expectations
C)paramountcy;concurrency
D)double jeopardy;paramountcy

Answer 2

A

Question 3

Which of the following is NOT a power granted by the Constitution to the provinces?

A)powers over local works
B)powers over provincially owned lands and resources
C)powers over property and civil rights within provinces
D)powers over interprovincial trade

Answer 3

D

Question 4

Environment Canada was created in 1971 combining a number of federal agencies that had environmental responsibilities.

Question 5

In Canada,the government can limit public debate and scientific inquiry into environmental issues because it controls the federal bureaucracy while in the US,independent research is frequently done for Congress helping influence policy.

Question 6

Environment Canada's mandate is under the control of the governing party so its effectiveness in dealing with environmental problems is limited by the government's interest in the environment.

Question 7

CCME stands for ________.

A)Canadian Council of the Ministry of Environment
B)Climate Change in Mountain Ecosystems
C)Canadian Council of Ministers of the Environment
D)Canadian Conference of the Ministry of Environment

Question 8

In Canada,the degree of consultation undertaken by Environment Canada with stakeholder's groups regarding changes in environmental legislation has varied over time depending on the government.A recent example of little consultation is the federal government's omnibus budget bills of 2012.Critically discuss the environmental implications of Bills C-38 and C-45.

Question 9

If a provincial government issues a permit that allows a firm to discharge some amount of specific toxic waste into a waterway and the federal government prohibits dumping of this specific toxin,there is no conflict because the provincial regulation would supersede the federal ban.
If the federal government could prove that the toxin was damaging to a fishery located in the waterway,they have the power under the Fisheries Act to regulate the toxin.

Question 10

Constraints and difficulties facing environmental policymaking under the Canadian parliamentary system of government include all of the following except?

A)Frequent conflicts arise between the legislative and executive branches of government.
B)The party with a majority government controls the policy agenda.
C)There is no mandate for external review of government policies.
D)There are few checks and balances in the system.

Question 11

In the United States,the process for setting standards and designing regulations is far more informal,discretionary and closed than in Canada.

Question 12

The Canadian process of setting environmental regulations is more cooperative than in the United States.

Question 13

The major piece of federal legislation relating to toxic materials is the ________.

A)Fisheries Act
B)Canadian Environmental Protection Act
C)Comprehensive Environmental Response,Compensation,and Liability Act
D)Navigable Waters Protection Act

Question 14

Which of the following is NOT a power granted by the Constitution to the federal government?

A)powers over ocean and inland fisheries
B)power to enact legislation in the interests of Peace,Order and Good Government
C)power over matters of a local or private nature
D)power over navigation and shipping

Question 15

Use the example of the proposed Northern Gateway bitumen pipeline to illustrate how conflict can arise between national and provincial interests.

Question 16

List the powers granted to the provinces under the Constitution Act.

Question 17

What are the two types of problems that originate from the Canadian Constitution and our federal/provincial system of government regarding the setting of environmental policy?

Question 18

List the powers granted to the federal government under the Constitution Act that would allow it to enact environmental legislation.

Question 19

The ________ was created by Parliament in 1994 as an independent advisory body with the mandate to provide advice and recommendations to governments,industry,and the public for promoting sustainable development.

A)Canadian Environmental Assessment Act
B)Green Fiscal Commission
C)Canadian Council of Ministers of the Environment
D)National Round Table on the Environment and Economy