Student

15
Student: ___________________________________________________________________________
1. Which of the following is NOT a power granted by the Constitution to the federal government?
A. powers over ocean and inland fisheries
B. power to enact legislation in the interests of Peace, Order and Good Government
C. power over matters of a local or private nature
D. power over navigation and shipping
2. The major piece of federal legislation relating to toxic materials is the ________.
A. Fisheries Act
B. Canadian Environmental Protection Act
C. Comprehensive Environmental Response, Compensation, and Liability Act
D. Navigable Waters Protection Act
3. Which of the following is NOT a power granted by the Constitution to the provinces?
A. powers over local works
B. powers over provincially owned lands and resources
C. powers over property and civil rights within provinces
D. powers over interprovincial trade
4. When both the provinces and the federal government have laws over the same area this is known as
________ and the doctrine of ________ describes the situation where federal law takes precedence over
provincial law when the laws are in conflict.
A. concurrency; paramountcy
B. concurrency; legitimate expectations
C. paramountcy; concurrency
D. double jeopardy; paramountcy
5. Constraints and difficulties facing environmental policymaking under the Canadian parliamentary system
of government include all of the following except?
A. Frequent conflicts arise between the legislative and executive branches of government.
B. The party with a majority government controls the policy agenda.
C. There is no mandate for external review of government policies.
D. There are few checks and balances in the system.
6. CCME stands for ________.
A. Canadian Council of the Ministry of Environment
B. Climate Change in Mountain Ecosystems
C. Canadian Council of Ministers of the Environment
D. Canadian Conference of the Ministry of Environment
7. The ________ was created by Parliament in 1994 as an independent advisory body with the mandate to
provide advice and recommendations to governments, industry, and the public for promoting sustainable
development.
A. Canadian Environmental Assessment Act
B. Green Fiscal Commission
D. National Round Table on the Environment and Economy
8. If a provincial government issues a permit that allows a firm to discharge some amount of specific toxic
waste into a waterway and the federal government prohibits dumping of this specific toxin, there is no
conflict because the provincial regulation would supersede the federal ban.
True False
9. In the case of Regina v. Crown Zerllerbach Canada, the courts ruled that the federal government had
the regulatory power under POGG to require a permit for discharging logging debris in the ocean
because marine pollution was deemed a matter of national concern giving them the authority to enact the
regulation.
True False
10. In Canada, the government can limit public debate and scientific inquiry into environmental issues
because it controls the federal bureaucracy while in the US, independent research is frequently done for
Congress helping influence policy.
True False
11. The Canadian process of setting environmental regulations is more cooperative than in the United
States.
True False
12. In the United States, the process for setting standards and designing regulations is far more informal,
discretionary and closed than in Canada.
True False
13. Environment Canada's mandate is under the control of the governing party so its effectiveness in dealing
with environmental problems is limited by the government's interest in the environment.
True False
14. Environment Canada was created in 1971 combining a number of federal agencies that had
environmental responsibilities.
True False
15. List the powers granted to the federal government under the Constitution Act that would allow it to enact
environmental legislation.
16. List the powers granted to the provinces under the Constitution Act.
17. Use the example of the proposed Northern Gateway bitumen pipeline to illustrate how conflict can arise
between national and provincial interests.
18. What are the two types of problems that originate from the Canadian Constitution and our federal/
provincial system of government regarding the setting of environmental policy?
19. In Canada, the degree of consultation undertaken by Environment Canada with stakeholder's groups
regarding changes in environmental legislation has varied over time depending on the government. A
recent example of little consultation is the federal government's omnibus budget bills of 2012. Critically
discuss the environmental implications of Bills C-38 and C-45.
A. Fisheries Act
________ and the doctrine of ________ describes the situation where federal law takes precedence over
provincial law when the laws are in conflict.
24. Constraints and difficulties facing environmental policymaking under the Canadian parliamentary system
of government include all of the following except?
26. The ________ was created by Parliament in 1994 as an independent advisory body with the mandate to
provide advice and recommendations to governments, industry, and the public for promoting sustainable
development.
27. If a provincial government issues a permit that allows a firm to discharge some amount of specific toxic
waste into a waterway and the federal government prohibits dumping of this specific toxin, there is no
conflict because the provincial regulation would supersede the federal ban.
True False
because marine pollution was deemed a matter of national concern giving them the authority to enact the
regulation.
True False
because it controls the federal bureaucracy while in the US, independent research is frequently done for
Congress helping influence policy.
True False
States.
True False
True False
32. Environment Canada's mandate is under the control of the governing party so its effectiveness in dealing
with environmental problems is limited by the government's interest in the environment.
True False
True False
34. List the powers granted to the federal government under the Constitution Act that would allow it to enact
environmental legislation.
36. Use the example of the proposed Northern Gateway bitumen pipeline to illustrate how conflict can arise
between national and provincial interests.
regarding changes in environmental legislation has varied over time depending on the government. A
recent example of little consultation is the federal government's omnibus budget bills of 2012. Critically
discuss the environmental implications of Bills C-38 and C-45.
15 Key
Accessibility: Keyboard Navigation
Difficulty: Easy
Field - Chapter 15 #1
Learning Objective: 15-01 Describe the constitutional powers of the federal and provincial governments guiding environmental policy.
A. Fisheries Act
Difficulty: Easy
Difficulty: Easy
________ and the doctrine of ________ describes the situation where federal law takes precedence
over provincial law when the laws are in conflict.
Difficulty: Easy
5. Constraints and difficulties facing environmental policymaking under the Canadian parliamentary
system of government include all of the following except?
Difficulty: Easy
Learning Objective: 15-03 Describe the key features of environmental regulation in Canadas parliamentary democracy.
Difficulty: Easy
Learning Objective: 15-04 Provide a brief synopsis of federal environmental regulatory history since the 1970s.
7. The ________ was created by Parliament in 1994 as an independent advisory body with the mandate
to provide advice and recommendations to governments, industry, and the public for promoting
sustainable development.
Difficulty: Easy
8. If a provincial government issues a permit that allows a firm to discharge some amount of specific
toxic waste into a waterway and the federal government prohibits dumping of this specific toxin, there
is no conflict because the provincial regulation would supersede the federal ban.
FALSE
If the federal government could prove that the toxin was damaging to a fishery located in the
waterway, they have the power under the Fisheries Act to regulate the toxin.

Difficulty: Easy
Learning Objective: 15-02 Explain how federal and provincial authority over the environment can be in conflict.
because marine pollution was deemed a matter of national concern giving them the authority to enact
the regulation.
TRUE
Difficulty: Moderate
because it controls the federal bureaucracy while in the US, independent research is frequently done
for Congress helping influence policy.
TRUE
Difficulty: Easy
States.
TRUE
Difficulty: Easy
FALSE
Difficulty: Easy
13. Environment Canada's mandate is under the control of the governing party so its effectiveness in
dealing with environmental problems is limited by the government's interest in the environment.
TRUE
Difficulty: Easy
TRUE
Difficulty: Easy
15. List the powers granted to the federal government under the Constitution Act that would allow it to
enact environmental legislation.
The Constitution Act grants the federal government: 1) powers over ocean and inland fisheries;
navigation and shipping; federal lands and waters; 2) the power to enter into international agreements;
3) the power to enact legislation in the interests of Peace, Order and Good Government; 4) power over
interprovincial and international trade; and 5) the power to levy taxes and make expenditures. Any of
these powers could be used to enact environmental legislation.
The Constitution Act grants the provinces power over: 1) local works; 2) property and civil rights
within the provinces; 3) matters of a local or private nature; and 4) provincially owned lands and
resources.
17. Use the example of the proposed Northern Gateway bitumen pipeline to illustrate how conflict can
arise between national and provincial interests.
The proposed pipeline would ship bitumen from the oil sands in Alberta to the west coast in British
Columbia and then on to markets in Asia. The National Energy Board and federal government
approved the project in 2014 but since the majority of the pipeline will travel through British
Columbia it will bear the environmental risks. Alberta and the federal government stand to benefit
from the royalty and tax payments if the pipeline is built so they are both in favour of the project
proceeding. However, while BC will benefit from the jobs created during the construction of the
pipeline, it has asserted six conditions, including environmental ones that must be met before it will
grant approval of the pipeline. The potential for conflict exists because if any of BC's conditions are
not met, the federal government could declare the project to be a "national concern" in an attempt to
overrule any objections from BC. In this case, the future of the Northern Gateway pipeline will be
determined in the courts.
The two types of problems that can arise include: 1) a lack of clarity and overlap of jurisdictional
responsibilities between the two levels of government; and 2) conflicting objectives between the two
levels of government.
Difficulty: Easy
regarding changes in environmental legislation has varied over time depending on the government.
A recent example of little consultation is the federal government's omnibus budget bills of 2012.
Critically discuss the environmental implications of Bills C-38 and C-45.
The omnibus budget bills of 2012 introduced changes to three core pieces of legislation that have
environmental components, namely: 1) the Fisheries Act; 2) the Navigable Waters Protection Act;
and 3) the Canadian Environmental Assessment Act. Revisions to CEPA include: 1) a narrowing
of the definition of "environmental effects" that must be assessed and exclusion of non-Aboriginal
human health and socio-economic conditions; 2) no requirement to consider the impact of projects
on renewable resources now and into the future; 3) introduction of strict timelines for environmental
assessments and a tightening of eligibility for public participation at hearings; 4) the Minister and
the affected province can agree to scope of study and provinces can request their processes substitute
for a federal environmental assessment; and 5) exemption of small projects from meaning no scope
exists to incorporate the cumulative effects on the environment of these projects. In addition, only
waters that contain commercially viable, recreational, or Aboriginal fisheries are now covered by the
Fisheries Act which leaves waters not deemed important to humans open to environmental threats.
And finally, changes under the renamed Navigable Waters Act include: 1) only significant surface
waters are covered by the act (three oceans, 97 lakes, and 62 rivers) which only amounts to about 1
percent of Canada's surface water; and 2) pipelines crossing these waters are exempt from the act. The
government claimed that the changes would: 1) improve the efficiency of the regulatory process; 2)
reduce regulatory overlap; and 3) enhance the economy. However many critics believe the changes
significantly weaken federal environmental policy in order to fast track the development of oil and gas
projects that could have adverse environmental impacts.
Difficulty: Hard
Difficulty: Easy
A. Fisheries Act
Difficulty: Easy
Difficulty: Easy
________ and the doctrine of ________ describes the situation where federal law takes precedence
over provincial law when the laws are in conflict.
Difficulty: Easy
24. Constraints and difficulties facing environmental policymaking under the Canadian parliamentary
system of government include all of the following except?
Difficulty: Easy
Difficulty: Easy
26. The ________ was created by Parliament in 1994 as an independent advisory body with the mandate
to provide advice and recommendations to governments, industry, and the public for promoting
sustainable development.
Difficulty: Easy
27. If a provincial government issues a permit that allows a firm to discharge some amount of specific
toxic waste into a waterway and the federal government prohibits dumping of this specific toxin, there
is no conflict because the provincial regulation would supersede the federal ban.
FALSE
If the federal government could prove that the toxin was damaging to a fishery located in the
waterway, they have the power under the Fisheries Act to regulate the toxin.

Difficulty: Easy
because marine pollution was deemed a matter of national concern giving them the authority to enact
the regulation.
TRUE
because it controls the federal bureaucracy while in the US, independent research is frequently done
for Congress helping influence policy.
TRUE
Difficulty: Easy
States.
TRUE
Difficulty: Easy
FALSE
Difficulty: Easy
32. Environment Canada's mandate is under the control of the governing party so its effectiveness in
dealing with environmental problems is limited by the government's interest in the environment.
TRUE
Difficulty: Easy
TRUE
Difficulty: Easy
34. List the powers granted to the federal government under the Constitution Act that would allow it to
enact environmental legislation.
The Constitution Act grants the federal government: 1) powers over ocean and inland fisheries;
navigation and shipping; federal lands and waters; 2) the power to enter into international agreements;
3) the power to enact legislation in the interests of Peace, Order and Good Government; 4) power over
interprovincial and international trade; and 5) the power to levy taxes and make expenditures. Any of
these powers could be used to enact environmental legislation.
The Constitution Act grants the provinces power over: 1) local works; 2) property and civil rights
within the provinces; 3) matters of a local or private nature; and 4) provincially owned lands and
resources.
36. Use the example of the proposed Northern Gateway bitumen pipeline to illustrate how conflict can
arise between national and provincial interests.
The proposed pipeline would ship bitumen from the oil sands in Alberta to the west coast in British
Columbia and then on to markets in Asia. The National Energy Board and federal government
approved the project in 2014 but since the majority of the pipeline will travel through British
Columbia it will bear the environmental risks. Alberta and the federal government stand to benefit
from the royalty and tax payments if the pipeline is built so they are both in favour of the project
proceeding. However, while BC will benefit from the jobs created during the construction of the
pipeline, it has asserted six conditions, including environmental ones that must be met before it will
grant approval of the pipeline. The potential for conflict exists because if any of BC's conditions are
not met, the federal government could declare the project to be a "national concern" in an attempt to
overrule any objections from BC. In this case, the future of the Northern Gateway pipeline will be
determined in the courts.
The two types of problems that can arise include: 1) a lack of clarity and overlap of jurisdictional
responsibilities between the two levels of government; and 2) conflicting objectives between the two
levels of government.
Difficulty: Easy
regarding changes in environmental legislation has varied over time depending on the government.
A recent example of little consultation is the federal government's omnibus budget bills of 2012.
Critically discuss the environmental implications of Bills C-38 and C-45.
The omnibus budget bills of 2012 introduced changes to three core pieces of legislation that have
environmental components, namely: 1) the Fisheries Act; 2) the Navigable Waters Protection Act;
and 3) the Canadian Environmental Assessment Act. Revisions to CEPA include: 1) a narrowing
of the definition of "environmental effects" that must be assessed and exclusion of non-Aboriginal
human health and socio-economic conditions; 2) no requirement to consider the impact of projects
on renewable resources now and into the future; 3) introduction of strict timelines for environmental
assessments and a tightening of eligibility for public participation at hearings; 4) the Minister and
the affected province can agree to scope of study and provinces can request their processes substitute
for a federal environmental assessment; and 5) exemption of small projects from meaning no scope
exists to incorporate the cumulative effects on the environment of these projects. In addition, only
waters that contain commercially viable, recreational, or Aboriginal fisheries are now covered by the
Fisheries Act which leaves waters not deemed important to humans open to environmental threats.
And finally, changes under the renamed Navigable Waters Act include: 1) only significant surface
waters are covered by the act (three oceans, 97 lakes, and 62 rivers) which only amounts to about 1
percent of Canada's surface water; and 2) pipelines crossing these waters are exempt from the act. The
government claimed that the changes would: 1) improve the efficiency of the regulatory process; 2)
reduce regulatory overlap; and 3) enhance the economy. However many critics believe the changes
significantly weaken federal environmental policy in order to fast track the development of oil and gas
projects that could have adverse environmental impacts.
Difficulty: Hard
15 Summary
Category # of Questions
Accessibility: Keyboard Navigation 28
Difficulty: Easy 28
Difficulty: Hard 2
Difficulty: Moderate 8
Field - Chapter 15 38
Learning Objective: 15- 12
01 Describe the constitutional powers of the federal and provincial governments guiding environmental policy.
Learning Objective: 15-02 Explain how federal and provincial authority over the environment can be in conflict. 8
Learning Objective: 15-03 Describe the key features of environmental regulation in Canadas parliamentary democracy. 5
Learning Objective: 15-03 Describe the key features of environmental regulation in Canadas parliamentary democracy. 5
Learning Objective: 15-04 Provide a brief synopsis of federal environmental regulatory history since the 1970s. 8

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