Environmental and Social Responsibilities Flashcards

Under the Canadian Impact Assessment Act, 2019, at what point in the project life cycle is the impact assessment process designed to begin?

Answer: During the early planning stages, before major design decisions are made

The Impact Assessment Act, 2019 is designed to integrate environmental and social assessment early in project planning, before major design commitments are made, allowing assessment findings to genuinely influence project design.

Which federal legislation in Canada most directly regulates the discharge of deleterious substances into fish-bearing waters?

Answer: The Fisheries Act

Section 36(3) of the Fisheries Act prohibits the deposit of deleterious substances in water frequented by fish or in places where they may enter such waters. This is one of the most widely applied federal environmental prohibitions.

Under the duty to consult and accommodate Indigenous peoples in Canada, which legal basis requires the Crown to consult before undertaking projects that may affect treaty rights or Aboriginal title?

Answer: Section 35 of the Constitution Act, 1982

Section 35 of the Constitution Act, 1982 recognises and affirms existing Aboriginal and treaty rights. The Supreme Court of Canada has interpreted this as imposing a duty on the Crown to consult and accommodate before taking actions that may adversely affect these rights.

Which of the following best describes 'environmental stewardship' as an obligation of professional engineers under Canadian codes of ethics?

Answer: An obligation to consider and minimise the environmental impacts of engineering work, consistent with sustainable development

Canadian engineering codes of ethics include environmental stewardship as a professional obligation — engineers must consider and mitigate environmental impacts of their work, regardless of their engineering specialty.

Under the Canadian Environmental Protection Act, 1999 (CEPA), what is the significance of a substance being declared 'toxic'?

Answer: The substance becomes subject to risk management measures, which may include regulations, guidelines, or pollution prevention plans

Under CEPA, a substance assessed as 'toxic' (meeting the definition in s. 64) is added to the List of Toxic Substances, triggering the government's obligation to implement risk management measures proportional to the risk.

Which principle in Canadian environmental law requires that preventive action be taken against activities that may cause serious harm, even when the scientific evidence is not conclusive?

Answer: The precautionary principle

The precautionary principle holds that where there is a threat of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing preventive measures.