Essay/Term paper: Evironmental law: enforcement measures and effectiveness

Essay, term paper, research paper:  Politics

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 was $ 2, 427,833 in total fines paid by offenders.
"The largest environmental fine in a contested hearing was to Robert Brown and
Robert Len Brown Construction Ltd. Fines had been set at $364,000 for numerous
offenses resulting from the illegal storage of tires. In addition, Mr. Brown
was handed another $250,000 worth of related costs for a total of $614,000."
(Small, 1993, p. A10) Mr. Brown and his company since then have not been
offenders and due to their fines have learned a great lesson. Other companies
however are more stubborn. In 1992 Canadian Pacific Express & Transport Ltd, a
company which engages in the carrying of goods between Ontario and other
provinces was fined $ 50,000 for discharging a contaminant into the environment.
And again in 1993 the company was found guilty of allowing the Discharge of
Radio-Active Barium Carbonate Powder into the natural Environment. (Section
13(1) of EPA) They were fined $90,000. (Sterling, 1995, p. B3) Now by
examining this company is there a reason why it committed a crime against the
environment a second time ? The most obvious answer would be that they didn't
learn their lesson the first time. It is not really their fault though, because
the fine didn't really hurt them enough to make them really think about what
they did. This is the idea shared my most of the repeat offenders. Why are
these offenders getting a slap on the wrist for such horrible crimes. A man who
kills someone in first degree may get 25 years in prison, but why are these
companies who pollute the environment causing massive birth defects and
destroying animal and plant life getting only a $50,000 fine and less in some
cases ? The range in fines from individuals to companies is about $100 to
$50,000. What is wrong with this picture. These people are getting away with
serious offenses and paying little for it. We as a society can demand harsher
fines and laws which seriously punishes or cripples these offenders. Fines must
be implemented that hurt the company, that gives the company something to think
about. As it stands now, these fines are put as a cost of production. This is
very wrong, because in the end the consumers are the ones who pay for these
companies negligence. To prove how ridiculously the companies/people are fined,
"Barney Buglyo was fined $300 for failing to prevent animal and/or insect life
from gaining access to a sewage system, and Lafarge Canada Inc. was fined only
$71, 000 for the illegally dumping of waste." (Monchuk, 1994, p. B8) These are
just two of the hundreds of cases where fines just don't exceed the crimes.
(Bueckert, 1990, p. A12) (Goar, 1995, p.B10) ( McAndrew, 1995A, p. A3)
Hazardous wastes represent about 20% of all wastes produced in Canada.
As with other wastes, the provincial governments play the major role in
regulating the management of hazardous wastes. "Under CEPA, the federal
government regulates the use, storage, and disposal of PCB's (polycholorinated
biphenols) and other toxic substances. The federal government regulates the
import and export of hazardous waste and manages hazardous wastes on federal and
Indian lands and in federal facilities." ( Canada, 1990, p. 45) Liability and
Enforcement of hazardous wastes can be seen federally and provincially under
CEPA, failure to give notice to import or export a hazardous waste is subject to
a maximum penalty of a CND$1 million fine and three years imprisonment.
"Penalties under the Transportation of Dangerous Goods Act can be a maximum of a
CND$100,000 fine and 2 years imprisonment. Under the federal Hazardous Products
Act, offenders are liable for a maximum fine of CND$1 million and two years
imprisonment." ( Canada, 1990, p.55) Provincial legislation also set penalties.
For example, the Quebec Dangerous Wastes Regulations provide for maximum fines
up to CND$100,000, and two years imprisonment. "The Export and Import of
Hazardous Wastes Regulations, 1992, establishes standards for insurance
liability, including damage and clean-up cost coverage of at least CND$5
million." ( Hall, 1995, p.B4)
What is the polluters position in all of this. Their excuses for their
acts is that with higher environmental safety standards it will cost more money
and product prices will go up. As well they say that lay off will soon follow
because keeping up an environmentally friendly business that a lot of money, and
"we have to find it somewhere". ( Moloney, 1995, p.A3)
In conclusion, these environmental laws Canada has in place are doing a
mediocre job at combating polluters. The laws themselves are effective, but the
punishments must be drastically change. Through case examples it can be seen
that there are many repeat offenders and fines for these offenders that don't
fit the crimes. Canada and the world must send a direct message to these
polluters by raising fines and making examples of these law breakers. Media
must get involved to spread awareness of our problem. With all these things
together, then and only then will the environment be safe.

References

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Bueckert, D. (1990, December 29). Get ready for conflict in Canada.
The Montreal Gazette, p. I8.

Bueckert, D. (1995, November 27). Acid rain making comeback experts
say. The Montreal Gazette, p. A12

Goar, C. (1995, April 10). Canada gets black mark for pollution.
Toronto Star, p. B10.

Hall, F. (1995, March 1). Green laws under siege. The Halifax Daily
News, p. B4.

Law reform commission of Canada. (1985). Crimes Against the
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Marotte, B. (1996, January 19). `Screeching halt' in green sector
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McAndrew, B. (1995, April 27). Ottawa issues a list of nation's
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McAndrew, B. (1995, May 23). The un-greening of Ontario politics or
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Moloney, P. (1995, 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
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Muldon, P. (1995). The Environmental Bill of Rights: A practical
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Parker, P. (1992, March/April). Crime and Punishment. The
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Poch, H. (1989). Corporate and Municipal Environmental Law. Toronto:
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Small, P. (1993, June 18). NDP reports jump in polluter's fines.
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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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