3R requirements

Question 1:

a. 3R requirements that may apply to the company are the examination of strategies to reduce, reuse and recycle waste. It must then be determined who will implement each part of the plan, when it will be implemented, and the expected results. The owner of the company is required to communicate the work plans to all employees.  The flexibility given to the company will depend on the generation of waste and recyclables throughout the year due to seasonal or product line variations.

There is little flexibility for the chains that produce higher sales due lo larger volume of waste produced. For the city of Toronto, specific municipal waste programs include reusing, recycling of durable goods, better recycling capacity, having green bins, acquiring new materials for recycling, owning green bin in apartments and condominiums and building source separation techniques.  The municipalities, Ottawa and Toronto are required to undertake residential source separation programs, backyard composting programs and yard waste composting programs since the populations exceed the count of 5,000.

b. The company is required to take on packaging audits and work plans every two years. The audits and work plans will be the means of evaluating the opportunities for 3R activity that will help in the decrease of the amount of packaging used, in the overall environmental impact of the packaging that becomes waste and in the burden of waste for consumers. On the other hand, there will be an increase in recycled content, reusability and recyclability of packaging.

c.  O.Reg. 102/94 which is the Waste Audits and Waste Reduction Work Plans encompasses large facilities such as hotels or motels with 75 units or more, office buildings with a floor area of 10,000m2 or greater, restaurants with annual sales of $3 million or more and large institutions such as hospitals, colleges and universities.  80% of KillerFries chains’ have an annual sales of $4 million dollars each year making it part of the companies that must comply with the act.   While the rest of the chains do not belong to the category since the annual income ranges from $2 million or less.  Therefore, the company is required to conduct waste audits, develop and implement waste reduction plans, and to update the audits and plans in an annual basis.

d. In order to promote sustainability, the company should adopt measures like limiting storage space so hauling of bins will be done regularly, establishing knowledge in the 3Rs in the whole organizational structure of the company and setting a reputation that the company practices 3R requirements. Te last two are beneficial in establishing a good company image and in being righteous through environmental compliance.  But the first measure might cause production problems for fats-growing fast food chains.

Question 2:

a.  Lake Huron is considered as one of the great lakes which is located between southeast Ontario, Canada and Michigan therefore the dam project proposal is subject to federal EA.  Federal EA covers an evaluation of a project that may cause an environmental effect.  The group should point out that the environmental effect is the violation of the Species at Risk Act which states that endangered organism and their habitats must be protected.  Though it is a private company, it still subject to EA since the area that will be affected is part of Canada.

Also, the Harmonization Accord and the Sub-Agreement of the Accord will not permit the federal to conduct inspections where a province falls short of even in situations where there is potential for harm to the environment and health.  The rearrangement of roles between the federal and provincial governments concerning the environment and natural resource use would ruin the dynamic federalism in which Canadian environmental laws and policies.

b.            The Ontario Environment Assessment Act can be a good reference since the act will be providing for the protection and conservation of the environment.  The process involves the public and the private proponents who will build large infrastructures unless there is a designation.  But, the public may request that a proposed project be designated to the requirements of the EAA especially if there will post an environmental effect.  Complex projects that impose great environmental impact will be tackled under the Individual EA process. The proponent must first prepare terms of reference, if the reference is approved, EA will then be conducted.   It must be noted though that the preparations must be consulted to the public.

c.  EBR is applicable to the scenario since one of the said act’s key provisions is the establishment of environmental rights.  The group should know that there is the right to request investigation on something that causes significant environmental harm, the harm should be lasting and so for the case of the dam, it affected the habitat of nesting birds for two years already.

Question 3:

a. Two types of standard setting are the ambient/ concentration and the risk assessment.  Examples of these can the exposure of children to pesticides.  The pesticides case study may have health effects.  A study can be conducted about the use of pesticide at home wherein children and pregnant women and the babies at risk of health problems like cancer and reproductive problems.

The concentration of such chemicals in pesticide must be identified so to know the probable risk.  The concentration can be found in the air being inhaled by the children or women.  Then, risk assessment can be done.  For example, the children from poorer families and children with weak immune systems are more likely to be affected by pesticides because of air pollution in the household environment.

b.  Standard setting will be able to identify which level of chemicals is hazardous or not.  Warnings and precautions will be given earlier. Risks will also be pinpointed so to make the pubic and the companies aware of it. Diseases can be avoided by preventing toxic emissions form certain companies.  But, it is undeniable that not all companies will comply with environmental policies.  Some company operations do emit chemicals that are hard to eliminate.  It will be of an idealistic point of view if a strict toxic level will be implemented. Thus, full enforcement of such policy will be difficult.

c.  Outline

Toxics Reduction Act

  I.   The purpose of the act is to prevent pollution, protect human health and the environment by reducing the use and creation of toxic substances, and to inform the residents of Ontario about toxic substances.

  II.   The Bill would encompass all Ontario facilities given the certain conditions.

A.      The facility produces or uses a toxic substance appearing on a list of harmful substances.

B.       The amount of the prescribed toxic substance used or created exceeds the threshold that was set.

C.      The facility exceeds the minimum number of people employed.

D.      The facility belongs to the prescribed sector of the bill.

   III.            The facilities shall comply with the given conditions.

A.     The facility should keep track of the toxic substances used and quantify the substances too.

B.     There should be a toxic substance reduction plan for each toxic substance produced or used the facility and have the plan approved by the highest ranking employee and the reduction planner.

C.     There should be a summary of plans that will be available to the public.

D.     There should be a report to the Ministry of the Environment about the progress of toxic reduction.

Question 4:

a.                                                                                                    Outline

I.     The common laws that will be brought to the defendant by the affected people are the public and private nuisance.

A.     Public nuisance deals with the interference of enjoyment of resources of the general public like the air.

1.       The case of a public nuisance will be questioned by the company since other companies that might be emitting harmful substances can be pinpointed.

2.      The case could also be debunked by the late filing of complaints.

B.      Private nuisance deals with interference with the use of a private property.

1.       The case will be defended by the company through citing other factors that caused the water pollution.

C.     For a case concerning a group, negligence can be the common law.

1.      The causation started with the discharge of the chemical contaminants that affected the bodies of water and the air as well.

2.      The foresee-ability of the case is obvious since the discharge of the chemicals, whether exposed or not is an environmental hazard.

3.      Remedies can be in the form of monetary to pay damages, injunction wherein the company will be prohibited in discharging the chemicals or in the form of punishing the defendant.

b.   First law that might be used is Bill C-11: Human Pathogens and Toxins Act.  The purpose of the bill is to establish a safety and security regime to protect the health and safety of the public against the risks posed by human pathogens and toxins.  There will be difficulty in using the act since tedious experiment on the waste discharged by the company must be done first.  Next one is BILL S-212: An Act to amend Canadian Environmental Protection Act.  The purpose of the bill is to correct any harm to the environment, to human, animal or plant life or health caused by the commission of the offense.  It will be hard in tracing the harm caused by the chemicals and a long investigation will be done since it is somewhat needs the involvement of medical expertise.

c.   The EBR can be used since a right to review laws and request investigations exists in the bill.  Through this, possible loopholes from the 10 year old act can be viewed.  The residents could start by having an opportunity to participate in the development of the policy, Act, regulation or instrument in respect of which a review is sought; and ask how recently the policy, Act, regulation or instrument was made or issued.

Question 5:

b. Canada has been in slow progress with regard to Kyoto Protocol commitment due to certain conflicts with some federal and provincial laws.  Canada did a shift in the country’s Clean Air Act.  The climate policy aims to achieve reduction in greenhouse gases emissions but by the year of 2050.  The Kyoto Protocol seeks the opposite which is to let the industrialized countries to commit reduction of the emissions for a five year period.

c. WHMIS and TDGA can work for Kyoto Protocol since the bills emphasize on the coordination of the territorial, provincial and federal legislation.  There can be greater chance of reducing emissions since there is close monitoring.  Dangerous chemicals will be taken cared of by the TDGA while the hazards brought about by needed chemicals but are harmful to the environment will be handled by WHMIS.  The Alberta oil deposits cannot be administered by the two acts since oil tapping will indeed pose an environmental threat through C02 sequestration techniques.  Indeed, Alberta’s oil can be considered as Canada’s treasure but environmental impacts must be noted as well.

d. Jim Prentice is right since the plans that will be carried on by the Green Nirvana and Peace Act in the World Act will be crossing the lines of certain laws in the Canadian Constitution especially building projects in federal lands.