ENCS Final

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  1. convention/treaty
    • agreements between two or more countries
    • have "legal force" because governed by international law
    • but few have enforcement mechanisms
  2. when do international conventions or treaties become binding on Canadians?
    when it becomes implemented, ie federal or provincial legislation must be passed
  3. what is the international basis organization for science relating to climate change?
    Intergovernmental Panel on Climate Change (IPCC)
  4. UNFCCC
    • United Nations Framework Convention on Climate Change
    • principles to guide global effort (eg. developed countries take the lead)
    • establishes the Conference of Parties as main decision-making body of the convention
  5. objective of UNFCCC
    • achieve stabilization of greenhouse gas concentrations in the atmosphere
    • to prevent dangerous anthropogenic interference with the climate system
  6. principles of the UNFCCC
    • should protect the climate system for the benefit of present and future generations of humans
    • in accordance with their common but differentiated responsiblities 
    • the developed country Parties should take the lead in combating climate change
  7. Kyoto Protocol
    • agreement under the UNFCCC
    • set binding targets for certain industrialized countries to reduce GHGs globally 5.2% below 1990 levels by 2012
    • Canada's target: 6% below 1990 levels by 2012
    • first commitment period: 2008-2012
  8. Kyoto protocol's mechanisms to assist countries in achieving targets
    • project-based emissions trading like
    • Clean Development Mechanism (CDM)
    • emissions trading
  9. compliance rules and mechanisms of the Kyoto Protocol
    • party that didn't meet its reduction target for the first commitment period could have to make up the difference during the second commitment period + 30% penalty
    • also might be suspended from participating in emissions trading
  10. Paris Agreement
    • agreement under the UNFCCC
    • countries commit to setting NDCs to keep a global temperature increase to within 2°C 
    • Canada's NDC in 2015: 30% below 2005 levels by 2030
    • extends $100 billion commitment to 2025
  11. when did the Paris Agreement come into force and what did it need to come into force?
    • Nov 4 2016
    • needed 55 countries accounting for 55% of global GHG emissions
  12. 2 options for National carbon pricing
    • 1. price-based system (ex. BC or AB)
    • 2. cap and trade system (ex. Ontario or Quebec)
  13. Pre-NDP Climate Change legislation
    • Climate Change and Emissions Management Act
    • Specified Gas Emitters Regulation (actual meat of the above act)
  14. Climate Change and Emissions Management Act
    • target 50% emission intensity reduction below 1990 levels by 2020
    • focuses on emissions per unit of production
  15. Specified Gas Emitters Regulation
    • actual meat of the CC and Emissions Management Act
    • only applies to facilities that emit more than 100 000 tonnes of carbon/year (large final emitters)
    • ~ 115 facilities
  16. how can a facility meet its emissions target?
    • (each facility gets an individual target)
    • reducing its own emissions
    • buying credits from other regulated facilities who reduced their own emissions
    • buying AB-based emission offsets 
    • paying $15/tonne of CO2 into the Climate Change and Emissions Management Fund (this isn't expensive enough to incentivize ppl to offset)
  17. what happened to climate change legislation in AB when the NDP came into power?
    Specified Gas Emitters Regulation amendments
  18. AB: Climate Leadership Act
    • $30/tonne economy-wide carbon price
    • carbon price on transportation and heating fuels
    • "revenue-neutral"
    • usually no limits on how "tax" revenue can be spent, but for this one they gear it towards being spent on climate change-related spending
    • rebates
    • came into force Jan 1 2017
  19. AB: Climate Leadership Regulation
    • administration of carbon levy
    • under SGER: only paying for carbon that is emitted over their goal limit
    • LFE's exempt from carbon levy?
  20. Energy Efficiency Alberta Act
    • establishes energy efficient AB as a corporation
    • raises awareness about energy use
    • promote, design, deliver
  21. AB: Energy Efficiency Advisory Panel
    • to advise the Minister responsible for the Alberta Climate Change Office
    • engages with public, indigenous people, etc
  22. AB: Oil Sands and Emissions Limit Act
    • 100 Mt cap on GHG emissions for all oil sands sites
    • sets the limit and the framework for how this will be put into place later
    • exempted from limit: emissions from electricity portion of cogeneration, upgrading emissions up to 10Mt
  23. AB: Oil Sands Advisory Group
    • Industry, ENGOs, Indigenous and non-indigenous community members
    • advise the Government of Alberta
    • report to government with advise in 3 areas: implementing limit, best investments, developing durable structures to address local regional (issues?)
  24. AB: Renewable Electricity Act
    • wants to have at least 30% of the annual electric energy produced in Alberta from renewable energy resources by the end of 2030
    • Minister can direct AESO (Alberta Electric System Operator) to submit a renewable electricity program
  25. How was SGER amended?
    Amended to allow smaller companies to opt-in if they are competitively compromised (by larger companies being exempt from the carbon levy?)
  26. What are some of the new features of the new carbon competitive system and regulation that the GoA will put into place in Jan 2018?
    • output-based allocation for emission-intensive, trade-exposed industry
    • product-specific
    • facility receives EPCs (?) if GHG emissions are less than allocation 
    • facility must use emission offsets or contribute to the CCFM fund (?) if GHG emissions are above the amount allocated
  27. Other CLP (carbon levy program?) initiatives?
    • accelerated phase out of all coal-fired emissions by 2030
    • reduce methane emissions by 45% by 2025 (ERA = emissions reduction Alberta)
    • bioenergy producer program
  28. why regional planning?
    • Alberta is a diverse province
    • part of integrated resource management - moving away from a siloed approach
  29. critiques of 'approval based regime' approach to decision-making
    • incremental decision-making (project by project)
    • difficult to deal with cumulative events
    • no input into key decisions or input comes too late to change the project
    • narrow approaches to standing
  30. 3 core outcomes of land-use framework
    • healthy economy
    • healthy ecosystems and environment
    • people-friendly communities
    • ALSA supports the LUF and establishes a legal basis for regional pans
  31. ALSA
    • Alberta Land Stewardship Act
    • intro'd in 2009, amended in 2011
    • ALSA is the law, LUF is the policy
    • province-wide planning process based on 7 regions based on watersheds
    • creates the legal framework for conservation easements
  32. 7 regions under ALSA
    • Lower Peace
    • Upper Peace
    • Lower Athabasca
    • Upper Athabasca
    • North Saskatchewan 
    • Red Deer
    • South Saskatchewan
  33. what can a regional plan do? (sec 8, 9, 11 in ALSA)
    • almost anything
    • sec 8: MUST describe a vision for the region and state one or more objectives for the region
    • sec 9: MAY set thresholds or limits, specify actions or measures to be taken to achieve regional objectives...manage the surface or subsurface of the land, etc. 
    • sec 11: a regional plan may amend or rescind a "statutory consent" or the taxes or conditions of a "statutory consent"
  34. how do I make a regional plan? (sec 5, 11, 6 of ALSA)
    • sec 5: before a plan is made or amended, the Stewardship Minister must ensure appropriate public consultation has taken place
    • sec 11: plan must be approved by cabinet
    • sec 6: each plan is reviewed every 10 years - have to check back in to make sure your objectives are still valid
  35. LARP
    • Lower Athabasca Regional Plan
    • 1st plan approved by cabinet - sept 1 2012
    • established 6 new conservation areas
  36. What LARP has meant for oil sands
    • existing mineral tenures are being cancelled
    • no new mineral tenure up for bidding on these lands
  37. what LARP has meant for metallic, industrial minerals and coal
    • existing agreements are being cancelled
    • no new tenure up for bidding
  38. what LARP has meant for petroleum and natural gas
    • existing agreements will be honoured and surface access permitted
    • new mineral tenure will be auctioned off but with "no surface access" restriction placed on title
  39. SSRP
    • South Saskatchewan Regional Plan
    • 2nd plan approved by Cabinet - sept 1 2014
    • established 4 new conservation areas incl. the Castle Wildland Provincial Park
  40. Both LARP and SSRP incorporate environmental management frameworks by:
    • triggers and limits for air and surface water quality
    • more frameworks being developed for groundwater, surface water quantity, biodiversity, and landscape
  41. regional plan: trigger
    if met, a management response is required
  42. regional plan: limit
    if met, no more "statutory consents" (ie. approvals) may be issued
  43. surface water quantity is regulated in the SSRP by:
    the Approved Water Management Plan for the SSRB
  44. what can a directly and adversely affected party do about a regional plan?
    • under section 19.2 of ALSA, they can apply to the Stewardship Minister to review the regional plan
    • An ad hoc review plan will review the plan and make recommendation to the Stewardship Minister about possible changes
    • Cabinet has final authority to change a plan
  45. variance of a regional plan
    sec 15.1 of ALSA permits a title holder to apply for a variance from a restriction, limitation, or requirement in a regional plan
  46. requirements of a regional plan variance
    • must be
    • consistent with the purpose of ALSA
    • unlikely to diminish the spirit and intent of the original plan
    • remedy a hardship on the applicant that if not given is not outweighed by the public interest
  47. compensable takings
    under seciton 19.2 of ALSA, if you own land or freehold minerals and your minerals have been impacted by a regional plan or if the RP has diminished or reduced your property rights, you can apply to get money (compensation)
  48. conservation easements
    • set aside land so someone can't use it later (usually results in a loss of value of property) - landowner voluntarily enters into an agreement with a 'qualified organization' 
    • landowner continues to own the land, conservation easement "runs with the land"
    • can only be modified/terminated by mutual agreement, or by order of the Minister of AEP if it's in the 'public interest' to do so
  49. National Parks Act (Canada)
    • parks will be maintained so they are unimpaired for future generations 
    • maintenance or restoration of ecological integrity = first priority, or is it tourismjQuery11010057742179167627805_1512161543024?
    • prohibits most industrial activity, some renewable resource harvesting allowed in certain parks
    • CEAA 2012 not automatically triggered - you could build a new hotel or ski slope that may not trigger a federal environmental impact assessment
  50. National Wildlife Areas
    • created under the Canada Wildlife Act
    • created and managed for the purposes of wildlife conservation and research
  51. Migratory Bird Sanctuaries
    • designated under the Migratory Birds Convention Act
    • established for the conservation of migratory birds and their habitat
  52. 8 types of provincial protected areas in Alberta (from most protected to least protected)
    • wilderness area
    • willmore wilderness park
    • ecological reserve
    • wildland provincial park
    • heritage rangeland
    • provincial park
    • natural area
    • recreation area
  53. 3 acts administered by the parks part of AEP
    • Wilderness Areas, Ecological Reserves, Natural Areas and Heritage Rangelands Act
    • Provincial Parks Act
    • Willmore Wilderness Park Act
  54. what is the main provincial statute to deal with spills, contamination, "substance releases"?
    EPEA
  55. substance release highlights under EPEA
    • prohibited release if approval or regulation
    • prohibited release if no approval or regulation
    • duty to report
    • duty to take remedial measures
    • environmental protection order
    • "person responsible"
  56. substance release EPEA: prohibited release if approval or regulation
    • s 108
    • no person shall (knowingly) release a substance into the environment in excess of that prescribed in an approval, code of practice, or regulation
  57. substance release EPEA: prohibited release if no approval or regulation
    • s 109
    • no person shall (knowingly) release a substance into the environment that may cause a significant adverse effect
  58. substance release EPEA: duty to report
    • s 110
    • a person who releases a substance into the environment that may cause an adverse effect must report it to the Director and others; police officers and other public authorities must also report 
    • (approvals include a term for immediate reporting)
  59. substance release EPEA: duty to take remedial measures
    • s 112
    • duty to take all reasonable measures to repair, remedy, confine substance, and restore environment
  60. substance release EPEA: environmental protection order
    • s 113
    • if in the opinion of the Director, the substance released into the environment may cause an adverse effect, the Director may issue and Environmental Protection Order (EPO)
  61. substance release EPEA: "person responsible"
    • "person responsible" is tied to the substance released
    • do you or did you own the substance?
    • do you have or had charge, management, or control of the substance?
    • exemptions for municipalities and persons who test for contamination
  62. contraventions of EPEA
    • (knowingly) provide false or misleading information
    • (knowingly) contravene a term of an approval, code of practice, reclamation certificate
    • (knowingly) contravene section 109 (substance release causing significant adverse effect)
    • contravene section 110 (duty to report release causing adverse effect)
    • contravene section 112 (duty to take remedial measures)
    • (knowingly) contravene an Environmental Protection Order or an Enforcement Order
  63. contraventions of the Water Act
    • (knowingly) provide false or misleading information
    • (knowingly) contravene a term of an approval or license
    • (knowingly) commence or continue an activity without an approval
    • (knowingly) commence or continue to divert water without a license 
    • (knowingly) contravene an EO
  64. contraventions of the Public Lands Act
    • willfully provide false or misleading information
    • occupy public land when not the holder of a disposition or otherwise authorized under the Act
    • contravene section 54 (cause loss or damage to public land, disturbance to the bed and shore of a water body)
    • (willfully) contravene a provision in a disposition
    • (willfully) contravene an EO
  65. contraventions of the Fisheries Act
    • contravene section 35(1) - "serious harm to fish"
    • contravene section 36(3) - deposit of deleterious substance into water frequented by fish
  66. enforcement tools for environmental wrongs
    • warning letters
    • administrative penalties
    • orders (EPOs and EOs)
    • prosecution
  67. warning letter
    • available under EPEA, Water Act, Public Lands Act
    • used for "minor" contraventions of the Act (first offence or no significant adverse effect on the environment)
    • used to educate
    • creates enforcement history
  68. where can you appeal warning letters?
    • only the PLAB
    • not the EAB or AER
  69. administrative penalties
    • available under EPEA, Water Act, Public Lands Act, Forests Act
    • monetary penalty for contravention of the Act
    • max $5000 per contravention/day (except if accounting for economic benefit)
    • CANNOT be used for knowingly offences
    • can't issue an admin penalty and prosecute, its one or the other
  70. where can you appeal an administrative penalty?
    • can be appealed to the EAB, PLAB, or AER
    • no appeal mechanism for Forests Act penalties, so would go to judicial review
  71. enforcement orders
    • available under EPEA, Water Act, Public Lands Act, Forests Act
    • a contravention of the Act is required 
    • shut down activity, cancel approval or take other measures to bring back into compliance 
    • can also prosecute or issue administrative penalty in addition to the order
  72. where can you appeal an enforcement order?
    • can be appealed to EAB, PLAB, or AER
    • no appeal mechanism for Forests Act orders, so goes to judicial review
  73. Environmental protection orders
    • available under s.113 EPEA only
    • contravention of EPEA is NOT required for an EPO to be issued (compared with enforcement orders)
    • prosecution may be pursued if the EPO is contravened
  74. where can you appeal an environmental protection order?
    EAB or AER
  75. due dilligence
    • most environmental statues include a due diligence defence
    • won't be convicted of (strict liability) if you can show you took all steps reasonable to stop the accident/event from happening
    • did you act reasonably in the circumstances?
    • "reasonableness standard" varies from case to case, and industry or activity

Card Set Information

Author:
hcunning
ID:
336431
Filename:
ENCS Final
Updated:
2017-12-02 20:45:57
Tags:
environment law
Folders:
law
Description:
lectures 21-25
Show Answers:

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