Question 1

Under environmental legislation, enforcement officers

Accepted Answer

E

Question 2

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?

Accepted Answer

C

Question 3

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

Accepted Answer

All of the options presented are valid considerations and requirements that Recyclemates! must address in order to establish and operate their recycling and waste recovery facility. They will need to obtain a licence to operate, comply with provincial environmental regulations, undertake an environmental assessment and obtain approval, and acquire municipal zoning consistent with their proposed purpose.

Question 4

The Oldman River case stands as an example of the complexity, and possibility of overlap, of federal and provincial regulation of the environment.

Accepted Answer

The Oldman River case involved a dispute between the federal government and the province of Alberta over the construction of a dam on the Oldman River. The case highlighted the potential overlap and complexity of environmental regulation between the federal and provincial levels of government in Canada.

Question 5

Most environmental matters governing business activities fall under provincial jurisdiction for regulation.

Accepted Answer

Provincial governments in Canada have the power to create and enforce laws related to environmental matters within their province.

Question 6

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.

Accepted Answer

The answer of Where a new neighbour arrives beside a...

Question 7

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?

Accepted Answer

All of the goals listed in options A, B, and D were goals of the United Nations Framework Convention on Climate Change. Option C is not a goal of the Convention.

Question 8

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,

Accepted Answer

The question mentions the need to cross a creek and the potential for harmful environmental effects, indicating that the Navigable Waters Protection Act and environmental assessment may both apply. Therefore, the best choice is E, which includes both options.

Question 9

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.

Accepted Answer

Environmental legislation typically imposes a duty on officers and directors to exercise due diligence in preventing pollution, meaning they may not be held personally liable if they can demonstrate that they took all reasonable steps to prevent the violation.

Question 10

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.

Accepted Answer

If a lender takes possession of contaminated land that they have a security interest in, they may be held responsible for cleaning up the contamination. This is because they now have control over the property and may have contributed to the contamination by their actions, such as neglecting to monitor the property or taking actions that caused further pollution.

Question 11

The Common Law relating to environmental matters cannot redress cumulative damage to the environment.

Accepted Answer

The Common Law system deals with individual cases and cannot address the cumulative impact of various actions on the environment.

Question 12

Do directors and officers have liability for the storing and handling of hazardous products?

Accepted Answer

Directors and officers can have liability under specific legislation such as the Transportation of Dangerous Goods Act and the Hazardous Products Act, which govern the handling and storage of hazardous materials. These laws impose duties and potential liabilities on companies and their directors/officers to ensure safety and compliance.

Question 13

What two Common Law actions may be taken when environmental damage results?

Accepted Answer

The answer of What two Common Law actions may be...

Question 14

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.

Accepted Answer

A clear environmental audit can provide information on the current environmental conditions of a site, but it does not guarantee that future contamination will not occur or that the buyer will never be responsible for any cleanup. Environmental conditions can change over time, and if new contaminants are discovered on the site after the audit, the buyer may still be obligated to remediate the contamination.

Question 15

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.

Accepted Answer

In nuisance law, the fact that a defendant has taken all possible care to prevent a nuisance does not necessarily exempt them from liability if the nuisance causes harm or interference to neighbors. The arrival of a new neighbor does not change the defendant's liability for an existing nuisance.

Question 16

The environmental impact assessment of the Oldman River Dam was regulated by which legislation?

Accepted Answer

The answer of The environmental impact assessment of the Oldman...

Question 17

Environmental protection legislation attempts to

Accepted Answer

Environmental protection legislation typically aims to achieve all of these objectives by implementing control and monitoring procedures to minimize pollution, as well as prohibiting certain production and waste disposal practices that could harm the environment.

Question 18

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.

Accepted Answer

The answer of A lender would be more likely to...

Question 19

"Due diligence" in the environmental law context

Accepted Answer

The answer of "Due diligence" in the environmental law context
...

Question 20

Under the Common Law of environmental nuisance

Accepted Answer

The answer of Under the Common Law of environmental nuisance
...

Quiz 34: International Business Law