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- Introduction (Sebastian)

Environmental law is a vital field that addresses the relationship between humanity and the natural world. It aims
to preserve and protect our environment while managing resources sustainably. With a focus on issues like
climate change, pollution, and conservation, environmental law is dynamic and interdisciplinary. Its goal is to
achieve a balance between human development and environmental preservation for the benefit of current and
future generations.

What things we should do to protect our environment and planet?

- General info (Cristhina)

In Canada, there are robust environmental laws to protect our natural resources and preserve the
environment. These laws cover a wide range of topics, such as biodiversity conservation, waste
management, air and water quality, and protection of natural habitats. Additionally, Canada has
implemented regulations to reduce greenhouse gas emissions and promote the transition to cleaner
energy sources. These laws and regulations are crucial in ensuring a sustainable future and preserving
our beautiful natural environment in Canada.

But, in the Dominican Republic, The freedom of citizens in the use of natural resources is based on the
right of every person to enjoy a healthy environment. The state will guarantee the participation of the
communities and inhabitants of the country in the conservation, management, and sustainable use of
natural resources and the environment, as well as access to accurate and timely information about the
situation and its status.

- Related laws (Cristhina)

Canada: Environmental Nuisance Doctrine:

The nuisance doctrine applies to situations such as pollution and noise. There are private nuisances
(interference with the use of the property) and public nuisances (interference with public use).
Determining what is reasonable depends on factors such as the severity of the damage, the economic
benefit, and the sensitivity of the affected person.

Riparian Rights:
Riparian landowners have the right to water flowing in natural quantity and quality. They can sue for
damages or an injunction against any water flow or quality alteration on their property.

RD: Forest Law (Law 146-00): This law regulates forest resource conservation, protection and
sustainable use. Addresses issues related to deforestation, reforestation, and forest management.
Waste Management:

Solid Waste Law (Law 225-07): Regulates the comprehensive management of solid waste, from
collection to final disposal. It aims to reduce waste generation and promote more sustainable practices.

- Details of laws (Esmerlyn)

Canada
 - Canadian Environmental Protection Act (CEPA): This law provides the framework for assessing and
managing risks to the environment and human health from substances such as toxic chemicals,
hazardous waste, and pollutants.
1. Species at Risk Act (SARA): This legislation protects endangered or threatened species and their habitats
in Canada. It establishes a legal framework for the recovery and protection of species at risk.
3. Fisheries Act: This law protects fish and their habitats in Canadian waters. It regulates activities that may
harm fish habitat and prohibits activities that cause the death of fish by means other than fishing.
4. Canadian Environmental Assessment Act, 2012 (CEAA 2012): This law requires environmental
assessments for designated projects to ensure they are conducted sustainably ner and to prevent
significant adverse environmental effects.
5. Canadian Wildlife Act: This legislation protects and conserves wildlife and their habitats in Canada. It
regulates activities such as hunting, trapping, and the protection of migratory birds.

Dominican Republic

1. Law on Environmental and Natural Resources Protection (Law 64-00): This comprehensive law
establishes the legal framework for the protection, conservation, and sustainable use of natural
resources in the Dominican Republic.
2. Law on Protected Areas (Law 202-04): This legislation regulates the establishment, management, and
protection of protected areas in the Dominican Republic, including national parks, natural reserves, and
wildlife refuges.
3. Forest Law (Law 64-00): This law aims to protect and sustainably manage forests in the Dominican
Republic. It regulates logging activities, promotes reforestation, and establishes penalties for illegal
deforestation.
4. Law on Solid Waste Management (Law 225-07): This law focuses on the management and disposal of solid
waste, including waste reduction, recycling, and the establishment of waste management systems.
5. Law on Water Resources (Law 5852): This legislation regulates the use, conservation, and protection of
water resources in the Dominican Republic. It establishes water rights, promotes water conservation,
and regulates water quality.

- Examples (Esmerlyn)
- Canada
- fishering:
- A case in point of a provision contained in the Canadian Fisheries Act is the prohibition on
harmful disturbance, removal or disposal (HADD) of fish habitat. This provision states
that no person may do any work, organization or activity that results in the detrimental
variation, variation or devastation of fish habitat without authorization.
- Canadian wildlife act:
- An example of a provision of the Canada Wildlife Act is the defense of migratory birds. The
Law prohibits the hunting, capture or killing of migratory birds, their nests or their eggs
without the appropriate papers or authorization.
- Canadian environmental assessment:
- A large-scale infrastructure plan, such as the construction of an entirely new highway,
would possibly fall within the scope of the CEAA. The plan proponent would be required to
submit an EA to evaluate the likely environmental impacts of highway construction and
operation.
- DR
- Forest law
- The law establishes guidelines and requirements for the sustainable operation and use of
forests to prevent deforestation, promote reforestation, and ensure the long-term health
of forest ecosystems.
- Law of water resources
- Water Rights: The law institutes a system for granting water rights to users, ensuring that
water resources are allocated fairly and efficiently.

- Compare and contrast (Sebastian)

- Canada:

1- The Canadian Environmental Protection Act (CEPA) serves as a cornerstone in Canada's environmental
legislation, aiming to prevent pollution and protect human health and the environment. CEPA regulates
various aspects of environmental protection, including air and water quality, toxic substances, and
environmental emergencies. It empowers the government to establish environmental standards,
conduct research, and enforce regulations. CEPA emphasizes public participation in environmental
decision-making and provides enforcement mechanisms such as fines, penalties, and prosecution for
violations.

2- The Species at Risk Act (SARA) is designed to prevent wildlife species from becoming extinct and aid in
their recovery. It protects species at risk and their habitats through the designation of critical habitats
and the development of recovery plans. SARA encourages collaboration among governments, Indigenous
peoples, stakeholders, and the public to support species recovery efforts.

3- The Canadian Environmental Assessment Act (CEAA) governs environmental assessments for proposed
projects, ensuring that potential environmental impacts are considered before decisions are made. CEAA
requires assessments for projects likely to cause significant adverse environmental effects and promotes
transparency, accountability, and public participation in the assessment process. Additionally, CEAA
advocates for adaptive management approaches to address uncertainties and monitor environmental
effects over time.

- Dominican Republic:

1- Law No. 64-00 on Environment and Natural Resources establishes the legal framework for
{environmental protection and natural resource management in the Dominican Republic. It covers
various aspects of environmental conservation, including assessments, pollution control, and resource
protection. Responsibilities are assigned to government agencies, local authorities, and the private
sector for implementing environmental policies. The law facilitates public participation in
decision-making and provides access to environmental information.

2- Law No. 202-04 focuses on creating, managing, and conserving protected areas, such as national
parks and reserves. It outlines procedures for designating and regulating these areas and encourages
collaboration among stakeholders. The law includes enforcement measures for unauthorized activities
within protected areas.

3- Law No. 64-00 on Hazardous Waste Management regulates the handling and disposal of hazardous
waste to prevent environmental and health risks. It establishes requirements for safe practices and
includes monitoring provisions to ensure compliance. The law aims to protect public health and the
environment from the adverse effects of hazardous waste.

- Comparisons:

Canada and the Dominican Republic share commonalities in their environmental laws, despite their
unique contexts. Both nations have foundational legislation, such as Canada's Canadian Environmental
Protection Act (CEPA) and the Dominican Republic's Law No. Both emphasize public participation,
 management of protected areas, hazardous waste regulation, and environmental impact assessments for
development projects.

- How do they interact (Pavel)

The environmental laws of the Dominican Republic and Canada are independent and applicable within their
respective borders, with limited extraterritoriality. Each country’ has its legal framework to address
environmental issues. Although the laws do not directly overlap, there are opportunities for international
cooperation through global environmental treaties and agreements. Multinational companies must comply with
the environmental laws of each jurisdiction where they operate, adapting to local standards. Va, Additionally,
both countries can share experiences and best practices in law enforcement, facilitating collaboration in
international conferences and bilateral agreements. Despite these potential interactions, the specific
enforcement and interpretation of environmental laws remain the responsibility of each nation individually.
- Types of crime (Bryan)

The Dominican Republic has a myriad of crimes with penalties against environmental offenses, ensuring
justice for those who defile the environment, these ensure the protection and conservation of natural
environments, giving rights to nature. Among these, some of those crimes are Deforestation, Sonic
contamination, Atmospheric contamination, illegal fishing, illegal hunting, illegal wood transport,
violations against protected areas via the removal of trees and flora, and the illegal elimination of
dangerous wastes.

Canadian environmental laws aim to sanction offenders who endanger life and health by intentional,
negligent, and reckless acts or omissions. The Canadian Environmental Protection Act (CEPA), and the
Fisheries Act are examples of codified laws that prohibit conscious dangers against the environment.
These offenses are mismanagement of toxic substances and hazardous waste, harm to a protected
habitat, deposit of substances in habitats frequented by fish, releasing illegal emissions into the air, etc.

- How it’s prosecuted (Bryan)

-Dominican Republic: environmental infringes, depending on the extent of the offender, may receive the
following penalty(ies):

- imprisonment from six days to three years;

- confiscation of tools, equipment, raw materials, machinery, vehicles, and products obtained through
illegal activities;
- enforcement of the liquidated damages in favor of the harmed claimants; enforcement of the
destruction of the illegal facilities operating without the corresponding environmental authorization;
- and demanding the payment of a penalty ranging from the equivalent of one-quarter of the minimum
wage to the equivalent of 10,000 times the minimum wage.

-Canada: Depending on the severity of the crime, Canadian law prosecutes with 2 types of penalties,
provincial and Federal Penalties.

Provincial Penalties: The penalties for committing an environmental offense can include: paying the cost
of the clean-up, fines for the corporation or the individuals involved, jail terms for the individuals
involved, revoking licenses, and stripping the company of the profit it earned as a result of the offense.

Federal Penalties, often violations of CEPA, have the following repercussions: Warnings of a violation
allowing the alleged offender to comply with legislation
● Tickets for offenses, such as failure to submit reports
● Orders to recall illegal substances or products from the marketplace
 ● Orders to put an immediate stop to illegal activity or prevent a violation from occurring or require
action to be taken
● Injunctions to stop or prevent a violation
● Prosecution

For the most serious offenses, penalties could include imprisonment for up to three years, fines up
to $1,000,000 a day for each day an offense continues, or both.

- Conclusion (Pavel)

In conclusion, in Canada, robust environmental laws address the conservation of natural resources
and the transition to cleaner energy sources. In the Dominican Republic, citizens' freedom to enjoy
a healthy environment is guaranteed, emphasizing community participation. Both countries have
specific laws, such as the Canadian Environmental Protection Act (CEPA) in Canada and the Law
64-00 on Environmental Protection in the Dominican Republic. Both nations share the goal of
penalizing environmental offenses, from deforestation to pollution, each with its unique
approaches to law enforcement. Despite similarities, contextual differences are evident in their
legal frameworks and penalization systems.