Chapter 5: Environmental Protection Regimes and Regulatory tools

statutes

laws passed by prov and fed gov’t

• they set the framework for command and control models through the passage of statutes

• statutes tell us who’s responsible for setting more specific standards through regulations

regulations

nuts and bolts of a statute, created by those named in the statute

• often the responsible authority is the executive branch of government (the cabinet)

• regulations are set for any numbers of things: pollution control, standards for construction, waste management

site specific legal instruments

power to issue these instruments given through the empowering statute (often to a director/environmental engineer

• standards set on a case by case basis using environmental approvals or admin orders

policies and guidelines

• not legally enforceable but can still influence environmental behaviour

precautionary principle

no level of contamination considered acceptable until it can be demonstrated that it will not have an adverse long term impact on the envr

• not often applies; scientific considerations balanced against economic or practical considerations

performance standards

• a pollution limit imposed on a polluter (no requirement about how the result is achieved)

• often supported by industry because allows flexiblity

• more likely to encourage innovation

construction standards

• government approved pollution control system required

• critics note that construction standards entrench pollution control approaches and tech

• may be easier to enforce

• ex: double/triple pane windows

environmental quality based standards

• traditionally, standards based on societal objectives for environmental quality - process has proven to be contentious, lengthy and expensive

• health risk assessment standard - linking the standard to health risks posed

technology based standards

• useful if there’s agreement on what is the best available technology

• removes controversial political and scientific judgments

• two problems: developed without considering the needs of the envr and it entrenches prescribed technology

informational standards

• have been used as alternatives or supplements to pollution control requirements

• imposes legal requirements on industries to disclose info about environmental practices (such as pollution discharged or emitted)

pollution prevention standards

• a new approach to standard setting\

• has been recognized and applauded but slow formal acceptance and implementation

• changes the focus from control of the quantities at the end of the pipe to prevention of the use in the first place

incentives and financial assistance

• government programs to assist potential polluters in meeting government pollution control standards

• can be hard to explain why tax dollars should be spent subsidizing businesses

• different types: grants, tax incentives, sharing expertise and research

environmental approvals

• can be used as a standard setting and compliance tool

• as a compliance tool it prevents risky activities from proceeding until an approval is granted

• environmental approvals come with conditions - if not met, environmental officials usually have the power to take both administrative and enforcement action

• often insufficient resources for proactive monitoring

administrative orders

• impose legal requirements on inds or companies to take a specific action (control pollution discharges, repair damage)

• can be more punishing than a conviction

• start with investigation by enforcement officer, involve a tailored administrative response, and are based on evidence of a breach of environmental law or regulation

• most environmental legislation provides an avenue for appeal

provincial officers’ orders

issued more quickly, less administrative process, more common (subject to review by directors)

director’s orders

used for complex, large scale issues

• control orders

• stop orders

• remedial orders

• orders for prevention

prosecution

• employs the full weight of government power to compel acceptable environmental behaviour

• casts a negative moral judgment on an environmental action

• purposes of prosecution = specific deterrence and general deterrence

preparing for an environmental prosecution

• inspections and searches

• seizing evidence

• gathering evidence

standard of proof

environmental offences must be proven beyond a reasonable doubt