Contemporary Canadian Business Law

Business

Quiz 34 :

Environmental Law

Quiz 34 :

Environmental Law

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Under the Common Law of environmental nuisance
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D

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In terms of activities that might potentially harm the environment, the Canadian Environmental Assessment Act requires which entities to engage in environmental assessments?
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D

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A lender would be more likely to request an environmental assessment than an environmental audit before lending funds to a borrower intent on acquiring derelict lands that were once a large railway yard.
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True False
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False

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A clear environmental audit assures purchasers of land that they will never have to clean up any contaminants in land that they intend to purchase.
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The common law relating to environmental matters cannot redress cumulative damage to the environment.
True False
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A private organization, Recyclemates!, planned to establish a recycling and waste recovery facility on a two-hectare piece of property at the outskirts of Smallville. The facility would sort and resell recyclable materials as well as produce compost for sale to farmers and gardeners. Before the facility may begin operation
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Environmental protection legislation attempts to
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Do directors and officers have liability for the storing and handling of hazardous products?
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What two common law actions may be taken when environmental damage results?
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In R. v. Kingston, the City of Kingston was found liable for the contamination of a river due to leachate from an abandoned dump. What was the penalty/damages?
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Where a new neighbour arrives beside a long-existing visible nuisance (noise or smoke for example), if the defendant can show that all possible care and skill had previously been taken in the attempt to lessen or eliminate the nuisance, the action in nuisance will fail.
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"Due diligence" in the environmental law context
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The Oldman River case stands as an example of the complexity, and possibility of overlap, of federal and provincial regulation of the environment.
True False
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Where a new neighbour arrives beside a long-existing visible nuisance (noise or smoke for example), the new neighbour has no right in tort to demand termination of the nuisance.
True False
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The standard of care under environmental legislation is very high, holding officers and directors of corporations personally liable for allowing any pollution to occur regardless of the steps they may have taken to prevent it.
True False
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Under environmental legislation, enforcement officers
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The Kyoto Protocol, which entered into force in 2005, is a significant component of the United Nations Framework Convention on Climate Change which was concluded in 1992. What were the goals of that Convention?
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A lender that took a security interest in land from the borrower and later takes possession may be required to clean up the land if it is contaminated.
True False
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Most environmental matters governing business activities fall under provincial jurisdiction for regulation.
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The Massive Mining Company operated several mines in close proximity and wished to link three of its mines with a pipeline conveyor to transport ore from one site to another. The proposed conveyor would have to cross a creek which, in the spring, is used by local residents for canoeing. Before Massive Mining Company can construct its conveyor,
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