Deck 34: Environmental Law

Question 1

A clear environmental audit assures purchasers of land that they will never have to clean up any contaminants in land that they intend to purchase.

Answer 1

False

Question 2

The Kyoto Protocol,which entered into force in 2005,is a significant component of the United Nations Framework Convention on Climate Change which was concluded in 1992.What were the goals of that Convention?

A)To set a framework for governments to tackle climate change
B)To gather and share information on greenhouse gas emissions,national policies,and best practices
C)To draft legislation to address greenhouse emissions
D)To launch national strategies to address greenhouse emissions
E)All of these were goals with the exception of the draft legislation.

Answer 2

E

Question 3

Where a new neighbour arrives beside a long-existing visible nuisance (noise or smoke for example),the new neighbour has no right in tort to demand termination of the nuisance.

Answer 3

False

Question 4

In R.v.Kingston,the City of Kingston was found liable for the contamination of a river due to leachate from an abandoned dump.What was the penalty/damages?

A)Damages and remediation
B)Damages
C)Penalty and remediation
D)Penalty and damages
E)Penalty

Question 5

The Common Law relating to environmental matters cannot redress cumulative damage to the environment.

Question 6

Most environmental matters governing business activities fall under provincial jurisdiction for regulation.

Question 7

Where a new neighbour arrives beside a long-existing visible nuisance (noise or smoke for example),if the defendant can show that all possible care and skill had previously been taken in the attempt to lessen or eliminate the nuisance,the action in nuisance will fail.

Question 8

Under the Common Law of environmental nuisance

A)a defendant may successfully claim that the nuisance is a benefit to the public thereby eliminating liability.
B)a defendant may use the defence that it used all necessary care and skill to prevent the nuisance from occurring.
C)a defendant may successfully use the defence that it existed with its offending activity before the plaintiff came to the nuisance.
D)a defendant may not argue that its actions do not constitute nuisance because other entities independent of it are also engaged in the same activity.
E)All of the responses are correct.

Question 9

Environmental protection legislation attempts to

A)minimize pollution through control procedures.
B)minimize pollution through monitoring procedures.
C)prohibit certain production practices.
D)prohibit certain waste disposal practices.
E)All of these are objectives of legislation.

Question 10

Do directors and officers have liability for the storing and handling of hazardous products?

A)Yes,under the Transportation of Dangerous Goods Act and the Hazardous Products Act.
B)Yes,under the Narcotics Control Act and the Hazardous Waste Act.
C)Yes,under the Hazardous Products Act and the Hazardous Waste Act.
D)Yes,under the Transportation of Dangerous Goods Act and the Hazardous Products Act and the Narcotics Control Act.
E)No,there is no personal liability.

Question 11

The Massive Mining Company operated several mines in close proximity and wished to link three of its mines with a pipeline conveyor to transport ore from one site to another.The proposed conveyor would have to cross a creek which,in the spring,is used by local residents for canoeing.Before Massive Mining Company can construct its conveyor,

A)it must determine whether the Navigable Waters Protection Act applies to the proposed project.
B)it must show it has used due diligence in order to obtain a licence for the conveyor.
C)it may have to perform an environmental audit to evaluate any harmful effects the conveyor may have on the environment.
D)it may be required to undergo an environmental assessment.
E)it must determine whether the Navigable Waters Protection Act applies to the proposed project and it may be required to undergo an environmental assessment.

Question 12

What two Common Law actions may be taken when environmental damage results?

A)Trespass and nuisance
B)Trespass and riparian rights
C)Nuisance and riparian rights
D)Occupier's liability and nuisance
E)Occupier's liability and riparian rights

Question 13

The standard of care under environmental legislation is very high,holding officers and directors of corporations personally liable for allowing any pollution to occur regardless of the steps they may have taken to prevent it.

Question 14

A private organization,Recyclemates!,planned to establish a recycling and waste recovery facility on a two-hectare piece of property at the outskirts of Smallville.The facility would sort and resell recyclable materials as well as produce compost for sale to farmers and gardeners.Before the facility may begin operation

A)it may be required to obtain a licence to operate the site.
B)it will fall primarily under provincial legislation for environmental regulation.
C)it will require an environmental assessment and approval.
D)it will have to acquire municipal zoning for the site consistent with its proposed purpose.
E)All of the following must be considered.

Question 15

In terms of activities that might potentially harm the environment,the Canadian Environmental Assessment Act requires which entities to engage in environmental assessments?

A)Governments
B)Organizations
C)Businesses
D)All of the above
E)None of these

Question 16

The Oldman River case stands as an example of the complexity,and possibility of overlap,of federal and provincial regulation of the environment.

Question 17

A lender would be more likely to request an environmental assessment than an environmental audit before lending funds to a borrower intent on acquiring derelict lands that were once a large railway yard.

Question 18

Under environmental legislation,enforcement officers

A)are not authorized to examine and seize business records.
B)are not authorized to order a suspected offender to cease operations.
C)are responsible for monitoring compliance with the legislation.
D)are authorized to carry weapons.
E)are responsible for monitoring compliance with the legislation and are authorized to carry weapons.

Question 19

A lender that took a security interest in land from the borrower and later takes possession may be required to clean up the land if it is contaminated.

Question 20

"Due diligence" in the environmental law context

A)is one of the defences which a party charged with an environmental offence may use.
B)would be satisfactorily proven where company officials have issued directives to management to establish careful storage procedures for potential contaminants.
C)requires ongoing monitoring by the company's directors to ensure that management is complying with the directives set out.
D)is part of the environmental assessment process to determine whether a certain activity has the potential for causing environmental damage.
E)All of the responses are correct.

Question 21

Describe how an interest in property can result in liability for environmental contamination.

Question 22

Even if societal attitudes had been more supportive in the past,the Common Law would not have been of much use to attack the sources of pollution,and stop them at source.This corner was not turned until Parliament filled the breach.

Question 23

The post-war rise in environmental legislation at all levels of government was,in part,a response to the limitation of the Common Law to adequately address the control,abatement and remedy of environmental damage.Discuss those limitations and how legislation has met the many environmental challenges.