Evironmental Law Enforcement Measures And Effectiveness Essay

Evironmental Law: Enforcement Measures And Effectiveness Essay, Research Paper

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 indirectly affecting the environment, such as the regulation of

commercial or industrial activities like mining, agriculture, and transportation.

In Ontario, the four main statutes are the Ontario Environmental Protection

Act (OEPA), the Ontario Environmental Bill of Rights (EBR), the Ontario

Environmental Assessment Act, and the Ontario Water Resources Act (OWRA). OEPA

provides for the protection of the natural environment, which is defined very

broadly. It also creates the Environmental Appeal Board. “OWRA is concerned

with the protection of all surface waters and ground waters. Both acts prohibit

the discharge of a contaminant into the natural environment that causes or is

likely to cause an adverse effect or that impairs or is likely to impair the

quality of the water.” (Morrison, 1991, p. 33) The Ontario Environmental Bill

of Rights provides for increased public participation rights and creates the

Environmental Bill of Rights Commissioner. Moreover the EBR was established in

1993. “It represents a new era in environmental decision making…one

characterized by enhanced public participation, citizen empowerment, and greater

accountability of decision makers.” (Muldon, 1995, p.15) The new rights and

responsibilities in the legislation require politicians, policy makers, lawyers,

activists, and citizens to rethink and modify their usual ways of looking at

environmental problems. It is hoped that the EBR will promote positive

strategies such as waste reduction, energy and water conservation, and “green”

industry development. (Muldon, 1995, p.16) Finally, there are also many

specific laws dealing with specific industries. Such as the Pesticides Act, The

Ontario Water Resource Act, the Energy Efficiency Act etc.

What happens to polluters who break these laws . In Ontario most

environmental offenders break the laws outlined in the EPA. When they do, the

companies or persons are charged with the offenses committed and brought to

trial. In “Ontario there were 1, 546 charges laid in 1994 about half of those

were convicted. ” (Parker, March, p.36) When found guilty the judge has a

number of ways to punish the offender. One of the ways are through fines. “In

the CEPA it permits fines of up to $1, 000, 000 for some offenses, while in the

most serious cases there is no ceiling on the amount of the fine that can be

raised.” (Poch, 1989, p. 56) In the OEPA there is no set limit at which fines

can be set. In 1994 there wa

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