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ENV422H1 Study Guide - Final Guide: Kyoto Protocol, Constitutional Basis Of Taxation In Australia, Natural Justice


Department
School of Environment
Course Code
ENV422H1
Professor
Paul Muldoon
Study Guide
Final

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1. Official Plan: The Official Plans envision the future planning strategies and set the principles which
the by-law must follow. It is a long-ranged, comprehensive general policy guide that direct future
development that address beyond immediate problems. It is the ‘keystone’ of the municipal
planning process and other small development plans depended upon this general community plan.
Judicial Review: a court’s review of an administrative tribunal’s decision to ensure that it acted
within the powers granted under the legislation and to ensure that it respected the common law
rules of fairness and natural justice
Tribunal: specialized quasi-judicial board, commission, panel, or some other decision0mkaing body
that makes decisions pursuant to particular statues
Conventional International Law: International Law is divided into 2 types Conventional and
customary. International Law is widely adopted by different countries to deal with the cross-
boundary environmental issues today. The development of international law is further accelerated
by the threat to national security caused by resources shortages. Conventional International Law
binds countries together to reach a consensus of equally valuable remedial actions. A long period of
time is required for negotiation and the agreement does not take effect until a defined number of
countries had ratified it. As each state is sovereign in nature and participates in a voluntary system,
there is no enforcement power to force obligations against a state’s interest. Last but not least,
there is no legislature that actually makes law, as well as no forces that could able to enforce the law
and identifying precise objectives and obligations for states. Therefore, conventional international
law is seen as a deficient for implication. E.g. The Kyoto Protocol, signed in the 1997, most countries
could not met the standard in the protocols, even Canada, is violating the CO2 standards in protocols
through prioritizing the production Tar Sands.
Common Law: rules contained in judge-made decisions in courts about similar cases stretching back
in time. Most of North America, with the exception of Quebec and Louisiana, where prior court
decision on similar facts may be binding law, are having common law jurisdictions. E.g. torts- the
rights to sue for environmental harm
Provincial Policy Statement: A set of guidelines protect aggregates, wetlands, woo logs and heir
heritage properties. When land use involved these area, it is prohibited even though it fulfils the
standards of the municipal by-laws and plans. It gives priority to aggregates production
Evidence: Facts, objects and opinions that are presented to a decision-maker for the purpose of
making a decision.
Zoning by-laws: legally enforceable rules created by municipalities (city councillors) according to the
powers given to them by municipal statutes. Zoning by-laws implement the policies of the official
plan by regulating and controlling specific land uses. Zoning divided the municipality into a number
of zones and sets out the permitted uses of land e.g. residential, commercial, industrial
institutional and other open spaces/ It indicated what is permitted and prohibited to build in each
blocks and streets. It dictates of nature of a neighbourhood. Some by-laws apply to the whole city
are but some only limited to some districts. E.g. The tree by-law which require a permission when
cutting a tree whose diameter is more than 1 foot. Other requirements would be the maximum
height of building, the number of stories in an area etc. Changes to the bylaw need appeal through
the Committee of adjustment. Decisions would be made according to the municipal governors.

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Compliance: After the approval , it is the abatement through tribunal and prosecution. Abatement
and prosecution are done by separate branch in government, which are completely separate from
each other and could proceed in the same period of time
“Good Neighbour” Principles: It is a part of the customary internal law: When there are 2 countries
sharing a boundaries, country A could not do something that is harmful to Country B until there is
environmental compensation or negotiation.
2. Composting
3. a. Climate Change is mostly due to the release of Carbon Dioxide, which is categorized into the
atmosphere. In order to control climate change, the release of CO2 into the air must be regulated.
This regulation included both the federal and provincial government’s jurisdiction. Another factor
causing the largely increase in CO2 is deforestation, which removed all the reservoir of CO2 into the
atmosphere
Nature of the Canadian Constitutions
o Canada’s constitution occupies the highest level in our hierarchy of laws. It is the
‘supreme law’ with which all other laws must conform
The constitutional power to make laws is divided between the federal
Parliament and the provincial legislatures
o Most constitution established since the United Nations Conference on the Human
Environment held in 1972, which contain some environmental protection principles.
o Canada’s Constitution Act, 1987 refer to the fisheries and public lands but does not
expressly allocate environmental management powers.
The allocation of federal and provincial powers was being discussed in 1982,
1987 and 1992, but none of the proposals fundamentally affected the
division of legislative powers
o The Supreme Court of Canada considers environmental protection as an aggregate
matter, made up of many separate elements, from the licensing of toxic substances
discharges to criminal offences (federal subjects) to the regulation of local business
and provincial subjects (provincial subjects) falls within the sphere of environmental
protection
The division of powers between federal and provincial governments
o Rather than a homogenous constitution unit, the responsibility of environmental
management in Canada cut across many different areas, some of that goes through
the legislation of the federal process and some goes through the provincial
governments
o The division of powers that are related to environmental law and policy are
demonstrated in the Constructional Act, 1867 under Section 91 (federal power) and
sections 92 and 109 (Provincial power)
o E.g. Regulation of organic Fluorine (AOX) in the industries of bleaching of paper in
1990s Different standards was set in different provinces. The federal standard was
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set to be the most 1kg with every ton of pulp processing, while BC only allowing
0.1kg AOX, ON set the limit to 0.8kg. With other provinces that did not set their own
standard will be expecting to meet the one of federal.
Constitution Authority for the federal government to address climate change
o Under Section 91(27) Criminal Law when something violates the health and
morality against the society; which is so offensive that it is a problem and considered
as serious crime. E.g. PCBs
o Under Section 91(3) Taxation power The majority of taxation power of gasoline
and other products belongs to federal; In this case, Carbon taxes, which is proposed
as one of the solution to reduce carbon dioxide, is regulated under the federal
power.
o Treaty making power The federal government has the power to negotiate
international trade and treaties with other countries; while they have no power to
enforce the province doing it. Therefore, when signing the Kyoto Protocol with other
nations, the federal government has no power controlling the emission of its
provinces.
o Residual Clause: Peace. Order and Good Government (POGG) a residual power
leftover for the federal government, which is only enacted when fulfil two of the
three criteria: Gap in law, such as regulation of new technologies; National
Emergencies; and National Concerns that provinces could not handle the issues
themselves
Possible legislative roles for the provinces
o Under Section 92, the province has a large amount of power to regulate their land;
management and sale of public lands, municipal institutions, property and civil rights
and matters of a local or private nature
o Municipal, which power came from the provincial municipal act, also deal
increasingly with environmental issues in carry out their traditional functions of land
use planning and development control through developing and managing municipal
institutions, facilities and infrastructure
b. Present Constitutional provision does not make sense to the current environmental challenges,
and particularly climate change
Laws enacted federally and provincially have conflicts, environmental assessment are
different between each provinces and federal governments;
Overlapping and ambiguity on the power of constitutional power on environmental
legislative norm has caused highly inefficiency to implementation
this divided jurisdiction and constitutional constrains both the federal and provincial
government to implement potential actions
In terms of environmental issues, which included a variety of pieces that involved both the
decision from federal and provincial government, even though the law are not in conflict,
the decision making process would be time wasting to go through each of the government
body and therefore causing inefficiency
c. Advice and insights on how to overcome this challenge through constitutional reform or other
measures
Today, methods such as informal and statutorily prescribed mechanisms are employed to
enhance their intergovernmental coordination simple information exchange and ongoing
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