Question 1

With respect to environmental law,the most important federal legislation is contained in the Canadian Environmental Protection Act (CEPA).Any contravention of the CEPA or its regulations

Accepted Answer

Any contravention of the CEPA or its regulations may result in criminal charges, fines up to one million dollars, imprisonment for up to three years, and clean-up costs. Therefore, all of the above options are possible consequences.

Question 2

Today,environmental impact assessment review is a mandatory step in developing land.

Accepted Answer

Environmental impact assessment review is a mandatory step in developing land in most countries in order to identify and evaluate potential environmental and social impacts of a proposed project or development. It helps to ensure that development is sustainable and that any negative impacts are minimized or mitigated.

Question 3

A voluntary code of conduct created to supplement legislation is as binding as the legislation itself.

Accepted Answer

A voluntary code of conduct is not legally binding and does not have the same enforceability as legislation. It operates on a principle of self-regulation and adherence to best practices rather than legal mandates. While a company or organization may be expected to follow a voluntary code of conduct as a matter of reputation and responsibility, there are typically no penalties or legal consequences for non-compliance.

Question 4

In addition to remedies provided by consumer protection legislation,what civil remedies can be employed?

Accepted Answer

The answer of In addition to remedies provided by consumer...

Question 5

The provisions of the Competition Act relating to anti-competitive practice can be grouped under three main headings.These do not include

Accepted Answer

The provisions of the Competition Act relating to anti-competitive practice include conspiracies, monopolizing, and mergers. However, regulation of professions is not included as an anti-competitive practice under the Act.

Question 6

To enforce environmental protection laws is no small or easy matter.The enforcement usually involves

Accepted Answer

Enforcing environmental protection laws generally involves requiring polluters to cease harmful activities, remedying existing situations, and paying for clean-up costs. This is an essential aspect of environmental regulation to ensure that individuals and organizations are held accountable for their environmental impact.

Question 7

In appropriate circumstances,a company that has a monopoly can be found guilty of conspiracy under the Competition Act.

Accepted Answer

A monopoly can engage in anti-competitive agreements with other companies, suppliers or distributors, which would be considered a conspiracy under the Competition Act.

Question 8

As a response to high pressure door-to-door sales methods,most provinces have enacted legislation making direct sales contracts non-binding on consumers.A direct sales contract is one in which the contract is formed

Accepted Answer

The answer of As a response to high pressure door-to-door...

Question 9

Generally speaking,the conspiracy provisions of the Competition Act do not apply to professionals.

Accepted Answer

The answer of Generally speaking,the conspiracy provisions of the Competition...

Question 10

The Canada Consumer Product Safety Act (CCPSA)applies to manufacturing,importing,selling,and distributing,and applies to a broad range of products.The CCPSA also provides for all of the following EXCEPT

Accepted Answer

The Canada Consumer Product Safety Act (CCPSA) provides for all the options mentioned in the question except for expressly providing to the consumer a civil cause of action for damages. However, the CCPSA does allow for the Minister of Health to seek court orders to compel compliance with the law, which can result in legal action against non-compliant businesses.

Question 11

Any agreement that lessens or has the potential to lessen competition may be reviewed by the Competition Bureau,and the Commissioner of Competition may seek enforcement proceedings before the Competition Tribunal seeking such orders including all of the following EXCEPT

Accepted Answer

The Competition Act does not provide for fines or imprisonment imposed on parties, unless they fail to comply with tribunal orders. However, it does provide for a private cause of action for damages based on the legislation. Therefore, the correct option is D.

Question 12

Consumer protection statutes create regulatory offences that require mens rea and usually allow the due diligence defence.

Accepted Answer

Consumer protection statutes usually create strict liability offences, meaning that mens rea (intent) is not required for conviction. Due diligence is still a valid defence, however, as it shows that the accused took all reasonable steps to prevent the offence from occurring.

Question 13

The fact that prices among competitors in a particular industry tend to go up or down at the same time and by approximately the same amount does not necessarily mean that there is a conspiracy.

Accepted Answer

Prices in an industry may be influenced by a variety of factors such as supply and demand, changes in production costs, and market trends. It is possible for prices to move in a similar direction without any collusion or illegal activity among competitors. However, if there is evidence of communication or coordination between competitors to fix prices, then it would be considered a conspiracy.

Question 14

Parallel pricing is an example of monopolizing.

Accepted Answer

Parallel pricing, where companies in the same market set prices similarly, is not necessarily an example of monopolizing but can be a form of oligopolistic behavior or price leadership, where firms independently follow the prices set by a dominant one without explicit agreement. Monopolizing typically involves one firm controlling the market.

Question 15

The four companies that sell bulk-rate diesel to farmers in the Saskatoon area have consistently moved together (up or down)with the same prices.It has been suggested that they have conspired together to keep prices the same.Might they be prosecuted under the Competitions Act?

Accepted Answer

The fact that all four companies consistently move together with the same prices is suggestive of an agreement, which can be inferred from their actual behavior. This would be a violation of the Competition Act, and therefore the companies may be prosecuted. Choice A is incorrect because the evidence is only suggestive and not conclusive. Choice B is incorrect because parallel pricing is not illegal in itself, but it can be evidence of collusion. Choice C is incorrect because conspiracy can be inferred from the behavior. Choice D is incorrect because intent does not necessarily need to be proved if there is evidence of collusion.

Question 16

Which of the following statements is true concerning environmental protection?

Accepted Answer

Although both federal and provincial governments have authority regarding environmental regulation, municipalities also have the power to pass by-laws to provide local environmental protection. This is stated in Canadian environmental law. The Unified Canadian Environmental Protection Act does not exist, making option B false. Common law does have applications to pollution problems, but this is not the most important statement, so option C is not the best answer. Option D is also false, as major environmental disasters have raised public awareness of the dangers associated with human interaction with the environment. Option E is partially true, as not all provinces have general environmental protection laws, but some do.

Question 17

For the merger of two large competing companies to be approved,there must

Accepted Answer

To ensure fair competition and prevent monopolies, regulatory bodies usually require that there be effective competition in the market even after the merger takes place. This means that the merger should not significantly reduce competition, or that the merged company should not have too much market power. Pre-notification to Parliament and barriers to entry are not necessarily required for approval, and the presence of foreign competition or the economic health of the target firm may not be relevant factors in the decision.

Question 18

Why is there a need to make many consumer-protection offences dual offences?

Accepted Answer

The answer of Why is there a need to make...

Question 19

Tied-selling is an example of monopolizing.

Accepted Answer

Tied-selling occurs when a company with a monopoly in one market tries to leverage that position to gain an advantage in another market. It involves forcing customers to purchase one product or service in order to gain access to another product or service. This is a form of monopolizing as it restricts competition and harms consumer choice.

Question 20

Bait-and-switch advertising is both a criminal and a regulatory offence.

Accepted Answer

The answer of Bait-and-switch advertising is both a criminal and...

Quiz 3: Government Regulation of Business

With respect to environmental law,the most important federal legislation is contained in the Canadian Environmental Protection Act (CEPA) .Any contravention of the CEPA or its regulations