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School of Environment
Paul Muldoon

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 CO standards in protocols 2 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. 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 2O into the air must be regulated. This regulation included both the federal and provincial government’s jurisdiction. Another factor causing the largely increase in 2O is deforestation, which removed all the reservoir o2 CO 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 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 consultation, negotiation of formal agreement of a multilateral bases, the delegation of authority from one government to another, the development of joint-making bodies etc.  In my opinion, a reform that prioritized the standard of the federal government should be applied.  An independent third government from the law and provincial government should be established to set rules for the standards in Canada 4. Farmer 5. a. Both Provincial and federal environmental assessment are required because:  Federal Assessment: Although the City of Hamilton is supporting all the possible cost, the construction of Casinos involved the use of a significant amount of the crown land, and changes to navigation routes through building massive bridges which may disturb fish habitats that may violate the Fisheries Act under Section 35. Trees might also need to be cut down for development.  Provincial Assessment: Since the Casino would be built by the municipal government, the provincial assessment would be applied automatically to undertakings. Proponents are required to justify their purposes, and carry out a comparative evaluation of alternatives to establish that other reasonable environmentally options are acceptable.  While these two assessment operate independently to each other, it also created an opportunity for co-ordinated assessments as the federal assessment only covered a narrow regime of regulations (physical objects) but the provincial government covers both projects and programs. b. Environmental Assessment  Environmental Assessment is the requirement of a proposal to predict and evaluate the potential effects of environmentally significant projects in order to seek government’s approval before each project is done. It also ensures that the result would incorpora
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