Evironmental Law: Enforcement Measures And Effectiveness Essay

Evironmental Law: Enforcement Measures And Effectiveness Essay

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Evironmental Law: Enforcement Measures and Effectiveness


     Pollution, why is it still running rampant in our environment today ?
Are there no laws to control or stop it ? In regards to these questions,
Canada has a great many laws to stop and regulate pollution. But despite this,
why is it still happening. What are Canada's so called enforcement measures and
are they effective ? We have the Environmental Bill of Rights and the Canadian
Environmental Protection Act, just to name a few. Sure some polluters break
these laws and get caught, but all they get is a slap on the wrist; why is that
? Some even have the gual to pollute again. Acid rain and hazardous wastes
are just two of the many problems plaguing our environment today, but nothing is
really being done about them; why ? Finally what is the polluters point of
view in all of this ?
     To begin with, in some areas there are both federal and provincial
legislation to ensure that companies and individuals respect the environment.
Federally the central piece of legislation in Canada is the Canadian
Environmental Protection Act (CEPA). "CEPA is the consolidation of five
statutes: The Environmental Contaminants Act, the Air Quality Act, the Canada
Water Act, the Ocean Dumping Act, and the Department of the Environment Act." (
Muldon, 1995, p. 23) The CEPA contains important penalties and sanctions;
provisions for the collection of information and for evaluation; provisions for
the control of importation and exportation of toxic substances; and provisions
for the reduction of wastes, the cleanup of coastal zones, the protection of the
ozone layer; the reduction of acid rain and urban smog; and provisions for the
development of regulations. All provinces and territories have enacted their
own legislation, establishing general environmental rights and responsibilities;
but the level of environmental protection established is not equal all across
Canada. Generally, it can be said that each province and territory regulates the
discharge of contaminants into the environment by requiring licenses and permits
and by invoking penalties. The regulated matters include environmental impact
assessment, waste management, drinkable water standards, and land conservation.
(Morrison, 1991, p24) Also, provinces and territories deal with several other
matters i...


... middle of paper ...


...5, November 17). Spend more to protect environment
residents say. Toronto Star, p. A3.

     Monchuk, J. (1994, November 4). Pollution control must be voluntary,
Alberta says. The Montreal Gazette, p. B8.

     Morrison, H. (1991) Federal Pollution Legislation. Canada: Minister
of Supply and Service.

     Muldon, P. (1995). The Environmental Bill of Rights: A practical
guide. Toronto: Edond Montgomery Publications Limited.

     Parker, P. (1992, March/April). Crime and Punishment. The
Environmental Journal, pp.35-39.

     Poch, H. (1989). Corporate and Municipal Environmental Law. Toronto:
Carswell.

     Rovet, E. (1988). The Canadian Business Guide to Environmental Law.
Vancouver:Intself Counsel Press Ltd.

     Small, P. (1993, June 18). NDP reports jump in polluter's fines.
Toronto Star, p. A10.

     Sterling, H. (1995, September 22). Backward steps for different
reasons, on both sides of the border, the fight against pollution is under
attack. The Montreal Gazette, p. B3.


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