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Chapter 3 - Government Regulation and the Environment


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Legislative Branch
Parliament, legislatures including the cabinet and Prime Minister or Premieres consitute legislative branch
Judicial Branch
Courts and officers of the courts constitute judicial branch of government
Executive Branch
The Queen, acting through the Prime Minister, cabinet, deputy ministers and all officers, agents and employees of the government
Administrative Law
The rules and regulations governing the function and powers of the executive branch
Government agencies including ministries, departments, boards, commissions
Judicial Review
Power held by the courts to review decisions made by administrative decision-makers
Ultra Vires
Beyond the jurisdiction, power or authority of a decision-maker or law-maker
Limitations placed on the power of an officer or agent of the government
Supplementary rules passed under the authority of a statute and having the status of legislation
Golden Rule
Rule for interpreting a statute requiring that the normal meaning of the terms be applied
Mischief Rule
Rule for requiring that an ambiguous term be interpreted in the most reasonable way or according to the intention of the Act
Strict Interpretation
Courts need only apply legislation where the meaning is clear
Interpretation statutes
Statute terms that direct the court to interpret legislation in specific ways
Principles of fundamental justice
Principles set by tradition and convention that protect the right to a fair hearing by an impartial decision-maker acting in good faith
Fair Hearing
Persons affected negatively by a decision has a right to recieve proper and timely notice of all the matters affecting the case and be given a change to put forward their side
Heard by Decision-maker
All the evidence must be heard by the individuals making the decision
Good faith
the decision-maker must act with honesty and integrity
The decision-maker must be impartial and have no personal interest in the decision
A formal process whereby a higher court will reexamine a decision made by a lower court
The right or power to act or to make a decision
Procedural Fairness
The hearing must follow accepted standards
Abuse of Power
Actin beyond the jurisdiction set out in the legislation or making an unreasonable decision
Error of Law
Incorrectly stating the legal interpretation or effect of the statute or common law
Error of Fact
Making incorrect conclusion with respect to the facts in the matter dispute
Prerogative writs
The remedies the court may apply if it finds that an administrator has acted beyond its jurisdiction, made an unreasonable decision or not followed the rules of natural justice
Habeas Corpus
A court order to release a person being unlawfully detained
A court order directing that a specifc act be performed
A court order overtunrning a decision, making it null and void
An order not to proceed with a hearing or other administrative process
Quo Warranto
Prerogative right to challenge the right of a person to hold public office
The power of the court to declare what the law is in any matter brought before it
An order to stop offending conduct
Privative Clause
Terms in a statute that attempt to restrict the right of judicial review
Riparian Rights
The common law right to have water flow free and clear of pollutants
Devolution of Powers
The process of transferring power from one level of government to another
Site Audit
The process of examining a site to determine its state of environmental contamination
Compliance Audit
The process of entering, inspecting, and investigating private property to ascertain that owners are living up to environmental standards
Due Diligence
The requirement that a person do all that is reasonably possible to prevent pollution or destruction of the environment
Stop Orders
An order to stop offending conduct
Agencies created to monitor and enforce environmental protection standards are dissolved and coporations are encouraged to self-regulate.

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