ENCS 352 WEEK 6

no person shall knowingly commence or continue any activity that is designated by the regulations as requiring an approval or registration unless that person holds required approval or registration.

same language but missing the "knowingly" clause

environmental medium: air, water, land

sector-based: oil and gas, forestry, agriculture

most detailed form of authorization under these statutes, and is reserved for the activities that are most likely to have a significant impact on the environment.

legally binding

set out in statute or regulation

energy resource activities
established under a statute
an activity that may only be carried out under an approval issues under an energy resource enactment

EA and approval
approval only, no EA required

Coal Conservation Act
Gas Resources Preservation Act
Oil and Gas Conservation Act
Oil Sands Conservation Act
Pipeline Act

administrative decision makers responsible for administering different acts

charged with making decisions about approvals

construction, reclamation, or operation of:
-waste treatment facilities
-chemical, fertilizer, pesticide, explosive manufacturing facilities
-food or food by-product plants,
-rendering, oil, meat, oil see processing plants or distilleries
-metal related plants: foundries, lead smelters, metal manufacturing plants
-power plants
-oil refineries, sour gas processing plants, oil sands
-wood treatment plants: pulp and paper
-wastewater treatment plants that meet specific criteria

-required for activities that significantly impact the environment
-site specific
-lots of oversight by the department or AER
-opportunities for public input (statement of concern)
-right to appeal decision to the Environmental

decide which activities require a registration or an approval

-name of applicant
-nature of activity
-Info about other decisions relating to activity
-proposed dates for construction start+end
-if EIA necessary
-list of substances and actions taken to minimize impacts
-justification for release of substances
-impacts that result from activity
-conservation and reclamation plan
-description of public consultation

-director's duty to provide notice or directs the applicant to provide notice
-regulation sets out how it must be done (usually in newspapers)
-individual or group may submit a Statement of Concern
-SOCs must be submitted within 30 days under EPEA
-SOC is a prerequisite for appealing the decision

-conditions that the party must abide by when carrying out the activity
-are case by case
-conditions aimed at minimizing and measuring environmental impacts

1)define the activity/project
2)determine whether an EIA is required
3)determine type of authorization required from Alberta Environment
4)public participation in the approval and license application process
5)Direction makes the decision whether to give authorization
6)Appeal the director's decision to the Environmental Appeal Board

the approval holder (formerly applicant)
"directly affected" person who submitted the SOC (statement of Concern)

the applicant

1)submit notice of appeal (EPEA approval timeline for filing notice is 30 days)
2)mediation (optional) - any information disclosed here cannot be used for the next step if a resolution has not been reached.
3)preliminary motions
4)notice of hearing: interveners may apply
5)Hearing (oral hearing or written submission)
6)report and recommendation to minister
7)costs

its the step where reasons why the appeal may be dismissed before its heard on its merits happens

always

set out the rules
what can be done, by who, and who hears the appeal

whether to confirm the decision below (or dismiss the appeal)

reverse or vary the decision below (allow the appeal)

sets out a right to appeal certain director decisions to the Environmental Appeals Board (EAB)

Can consider new info that wasn't there before the statute maker

right to appeal certain director decisions to the Public Lands Appeals Board (PLAB)
appeals have to be on record, whatever was before the judge at the time of the decision

internal appeals of AER decisions and then limited appeals to the Alberta Court of Appeal

to ask the court to "quash" the executive decision, and send it back for reconsideration

The decision maker:

didn't have authority
mistake of misinterpretation
process was administratively unfair

Judicial - ensure executive decisions made according to principles of natural justice
appeal - to review a decision

J- Court of Queen's Bench
A- tribunal (EAB) or court (Court of Appeal)

J- inherent jurisdiction of the court
A- set out in statute

J- courts determine, and public interest standing available
-common law and past decisions

A- "directly affected" or whatever the statute says
- who has rights to appeal a certain type of decision

J- quash the decision (certiorari) and send back to initial decision maker, order action (mandamus), prohibit an action (prohibition), declare rights (declaration)

A- confirm, reverse or vary the decision appealed

C- do a bunch of things, review executive/administrative decisions

T- apply statutory framework

C- adversarial, formal, often defers to initial decision maker (ie was the decision reasonable?)

T- inquisitorial and adversarial, more informal, levels of deference varies

C- judge or panel of judges (legally trained but otherwise generalists)

T- tribunal members (various backgrounds and expertise)

C- judgement in favour of the "winner"

T- decision "in the public interest" or in accordance with statutory framework

judicial review
AEAB refusing to hear appeal for approval permitting respondent to dispose of certain naturally occurring radioactive materials
Board ruled appellant's concerns were primarily economic