Laws & Regs Exercise - 3 (Approvals)

Environmental Management & Assessment (ENVR9100)
Environmental Laws & Regulations

APPROVALS
EXERCISE #3
1. Name any three terms which are used to describe a license to carry out a polluting activity:
Approvals, Permits, & Environmental compliance approval (ECA).
2. List the first seven words of the following legislative sections (proof that you found it):
a. Section 9 EPA: No person shall, except under and in ...

(Environmental Protection Act, R.S.O. 1990, c. E.19 (ontario.ca)
b. Section 27 EPA: No person shall use, operate, establish, alter ...

c. Section 37 Fisheries Act: If a person carries on or proposes ...

( https://laws.justice.gc.ca/eng/acts/f-14/page-6.html#docCont )
d. Section 1(1) of EPA Regulation 524/98: Section 9 of the act does not apply to...
e. Section 53 OWRA: No person shall use, operate, establish, alter,...

( https://www.ontario.ca/laws/statute/90o40 )
3. What is the EBR Registry Number for the approval granted to Waste Management Corporation
that was used as a search example in the lecture slides?
011-0632
( https://ero.ontario.ca/archive/011-0632 )
4. Provide a brief description of the approval that was granted to Waste Management
Corporation. :
This proposal is to update the Waste Management of Canada Corporation's current Certificate of Approval
(Waste Disposal Site) No. A371203. In Greater Napanee, Ontario, there is a total site area of 138 hectares,
and the Certificate is for the utilization and operation of a 16.2 hectare waste disposal site within that area.
The final cover system's construction quality assurance/construction quality control plan is the subject of the
change.
( https://ero.ontario.ca/archive/011-0632 )
5. List any other example of an approval granted to an organization.

On May 25, 1999, azamethiphos, the active ingredient in Snip Fly Bait, PCP# 25808, was categorized as a
Schedule 3 substance. For that the proponent Novartis Animal Health got approval under the Ministry of
Environment; Pesticides Act, R.S.O. 1990. The EBR registry number is IA9E0410 and the instrument type
is Listed interim pesticides. - PA reg. 914.
(https://ero.ontario.ca/archive/IA9E0410 )
6. According to the federal legislation discussed in the lecture slides, what is the definition of ‘fish
habitat’? If you can find it, where did you find the definition?
According to the federal legislation,“Fish Habitat means water frequented by fish and any other areas on
which fish depend directly or indirectly to carry out their life processes, including spawning grounds and
nursery, rearing, food supply and migration areas.”
( https://laws.justice.gc.ca/eng/acts/f-14/page-1.html#h-231172 )
7. Does a lagoon require a section 9 (EPA) Environmental Compliance Approval (ECA)? Why
or why not ?
No. “Section 9 of the act does not apply to a lagoon, clarifier or pond that is used for the treatment or
detention of sewage.” As, it is used as a waste stabilization tank and the natural process is used for the
treatment of wastewater; it does not involves any chemicals during the process and the minor discharge is
approved by the legislation.
( https://www.ontario.ca/laws/regulation/980524 )
8. True or False: The construction of any structure that discharges a contaminant into water
requires a ECA under section 9 of the EPA?
False. “Section 9 of the EPA does not apply to any equipment, apparatus, mechanism or thing that is used
for the construction, alteration, demolition, drilling or blasting of a mine shaft.” As explained during the
lecture, there will always be some activities which are required to be carried out and will always have minor
discharge so it has been exempted by the legislation.
( https://www.ontario.ca/laws/regulation/980524 )
9. Clearly explain the concept of ‘emitter accountability’.
Emitter accountability means, the documented legal conditions must be met by those who need to get
approval. And the government approves the request with the required criteria and the government has no
responsibility to let you know that you need permit. Owners, operators, etc. are accountable for proving
their adherence to applicable laws.
10. In your own words, what is a “Comprehensive ECA a.k.a. Certficate of Approval”.
Comprehensive Environmental compliance approval is a document required by the corporation for the air,
noise, trash, and sewage emissions and discharges permissible limit and the required criteria. It can also be
called as Certificates of Approval, C of A, Cs of A or Provisional Certificates of Approval.
11. True or False: It is an offence to fail to comply with any term or condition of an ECA.
Explain your answer .
True. It is important to abide by the terms and conditions of the government. If the company exceeds the
limit of their emissions or discharges, it can become threat for the environment and the living organisms.
Government can take action against the one who is not abiding by the rules and the required criteria formed
by the government.
12. What is your “due diligence”, as it relates to the approval process?
A due diligence defence cannot be used if one is accused of violating their own certificate of approval when
a corporation requests the ECA and the government grants the approval subject to the stipulated criteria. A
corporation is therefore totally responsible for adhering to all of the ECA's terms and conditions.

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Environmental Management & Assessment (ENVR9100)

Environmental Laws & Regulations

a. Section 9 EPA: No person shall, except under and in ...

b. Section 27 EPA: No person shall use, operate, establish, alter ...

c. Section 37 Fisheries Act: If a person carries on or proposes ...

e. Section 53 OWRA: No person shall use, operate, establish, alter,...

5. List any other example of an approval granted to an organization.

9. Clearly explain the concept of ‘emitter accountability’.

12. What is your “due diligence”, as it relates to the approval process?

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