LAW 534 Lecture 5: Lecture 5.docx
17 Apr 2015
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4 types of regulatory standards: precise codified standards: e. g. precise requirements for guard rails. Businesses know what is expected of them, reflects the seriousness of the rights being protected. Disadvantages: rapidly changing technology, rapidly changing situation. Not susceptible to precise regulation that could cover every conceivable contaminant: reasonable person test: Some areas such as protection of the environment, are not susceptible to precise regulation that can cover every single contaminant. The environmental protection act changed prohibition against discharging contaminants that are likely to cause adverse effect to may cause adverse effect. This change is big as gives less leeway. Likely = higher threshold v. may = easy to argue (vague/ambiguous)- Ontario v canadian pacific: general prohibitions into the natural environment are not void for vagueness. Legislators have preferred to take broad and general approach. Court concluded that such pollution prohibitions not intended to include trivial impairments: v. dow chemical case pg.
