Question 1

Briefly discuss both public and private options for the enforcement of environmental standards.

Accepted Answer

The enforcement of environmental laws is usually a matter of public concern although private enforcement is possible through the use of private lawsuits in nuisance or negligence.Legislation provides public authorities with a variety of enforcement tools including the power to make remedial orders and in serious cases impose personal liability on corporate directors and officers for pollution offences of their companies.

Question 2

Paul is a licensed plumber who provides residential plumbing service.He advertises in the yellow pages and in the classified section of the local newspaper.It is claimed that his advertising is deceptive.Is he subject to the provisions of the federal Competition Act? Explain.

Accepted Answer

Yes,he is subject to the federal Competition Act,as well as any provincial or local laws that might apply.Paul provides a service that is included in the term "product" as stated in the Act.

Question 3

The term or phrase used to describe an area in which both the federal and provincial governments have jurisdiction is

Accepted Answer

A)  concurrent jurisdiction.
B)  separation of powers.
C)  supremacy.
D)  diplomacy.
E)  paramountcy. A

Question 4

Since most major polluters are corporations,which cannot be sent to prison,the statutes cannot impose personal liability on corporate directors and officers.

Accepted Answer

A) True 
 B)False

Question 5

Regarding government regulations,a distinction is sometimes made between direct regulation and social regulation.Which of the following would be a social regulation?

Accepted Answer

A)  rate of return on deposits
B)  standards of safety at amusement parks
C)  production levels of utilities
D)  pricing of brokerage services
E)  import quotas on textiles

Question 6

Bill and Ted are engaged in the business of selling bottled water.Bill's company operates in northern Ontario.Ted's company operates in southwestern Ontario.They are the main suppliers of bottled water in their respective areas.Ted decides to open a new office in northern Ontario in order to compete directly with Bill.Prior to the office opening,Bill and Ted bump into each other at a convention.They have a short discussion about business over dinner and agree orally that neither one of them will ever try and move into the other's existing territory.They shake hands and leave.The nature of the agreement entered into by Bill and Ted

Accepted Answer

A)  constitutes abuse of dominant position.
B)  constitutes the offence of bid-rigging.
C)  constitutes the anti-competitive behavior of predatory pricing.
D)  constitutes a breach of section 45 of the Competition Act.
E)  is an offence under section 46 of the Competition Act implementing in Canada a directive or instruction from a person outside Canada.

Question 7

The fact that prices among competitors in a particular industry tend to go up or down at the same time and by approximately the same amount does not necessarily mean that there is a conspiracy.

Accepted Answer

A) True 
 B)False

Question 8

Carla owns Nifftee Dry Cleaners.If she is guilty of misleading advertising,who is the most likely to report her?

Accepted Answer

A)  a disgruntled consumer using provincial legislation
B)  a government agency with the power to prohibit such advertising
C)  the Services Act of the province of jurisdiction
D)  provisions of the Competition Act
E)  a class action lawsuit

Question 9

A law that prohibits any form of association between two or more businesses is probably

Accepted Answer

A)  not valid under the Charter of Rights and Freedoms.
B)  valid under the Charter of Rights and Freedoms.
C)  void under federal legislation.
D)  void under provincial legislation.
E)  none of the above

Question 10

On what basis can a merger be approved even though it has been shown that it will substantially lessen competition?

Accepted Answer

The answer of On what basis can a merger be...

Question 11

Even if it is determined that a proposed merger will substantially and detrimentally lessen competition,it may still be justified on the grounds of

Accepted Answer

A)  economic efficiency.
B)  diversification.
C)  reduced competition.
D)  monopolization.
E)  acquisition.

Question 12

Explain the dilemma created by the constitution when it comes to the enactment of federal and provincial legislation designed to regulate commercial transactions and thus protect consumers,as well as its effect.

Accepted Answer

The answer of Explain the dilemma created by the constitution...

Question 13

Parallel pricing is an example of monopolizing.

Accepted Answer

A) True 
 B)False

Question 14

The Canadian federal government organized its consumer protection legislation,culminating in 2011 with the implementation of the Canada Consumer Products Safety Act (CCPSA).What is the CCPSA,and what activities does it focus on?

Accepted Answer

The answer of The Canadian federal government organized its consumer...

Question 15

To enforce environmental protection laws is no small or easy matter.The enforcement usually involves

Accepted Answer

A)  primarily a private matter,but one where government agencies are empowered to enforce.
B)  requiring polluters to refrain from harmful activities,to remedy existing situations,and to pay for the costs of clean-up.
C)  situations where public authorities are over-zealous with a wide variety of enforcement mechanisms,which they apply abusively.
D)  the responsibility of corporations,since they are the major polluters.
E)  the common law tort of nuisance.

Question 16

Edward is an arbitrator appointed under the Arbitration Act.Procedure under the Act is set out in another statute,which makes it mandatory that arbitration briefs be filed by each party to the arbitration.In an arbitration hearing held yesterday,only one party was permitted to file an arbitration brief,but Edward decided that the other brief was unnecessary and rendered his decision.On a judicial review hearing of Edward's decision

Accepted Answer

A)  Edward's decision will be set aside for failure to comply with fairness.
B)  Edward's decision will be set aside for an error in law.
C)  Edward's decision will not be set aside.
D)  Edward's decision will be set aside for procedural irregularity.
E)  Edward's decision will be set aside for exceeding his authority.

Question 17

Why is there a need to make many consumer-protection offences dual offences?

Accepted Answer

The answer of Why is there a need to make...

Question 18

In the case of an abnormal environmental report,the person who owns or controls the substance or activity has a duty to report and take remedial action.

Accepted Answer

A) True 
 B)False

Question 19

Administrative bodies created by statute must provide a basic level of procedural fairness to those persons likely to be affected by any decision.At a minimum,procedural fairness includes all of the following EXCEPT

Accepted Answer

A)  the right to be heard.
B)  access to relevant documents.
C)  adequate notice of any public hearing.
D)  an impartial decision maker.
E)  legal aid to those who cannot afford a lawyer.

Question 20

A dual offence is an offence under the Competition Act that may be either

Accepted Answer

A)  a civil action or regulatory offence.
B)  a criminal or regulatory offence.
C)  a regulatory offence or a provincial offence.
D)  a criminal offence and civil action.
E)  a bait-and-switch.

Exam 3: Government Regulation of Business

Briefly discuss both public and private options for the enforcement of environmental standards.

Paul is a licensed plumber who provides residential plumbing service.He advertises in the yellow pages and in the classified section of the local newspaper.It is claimed that his advertising is deceptive.Is he subject to the provisions of the federal Competition Act? Explain.

The term or phrase used to describe an area in which both the federal and provincial governments have jurisdiction is

Since most major polluters are corporations,which cannot be sent to prison,the statutes cannot impose personal liability on corporate directors and officers.

Regarding government regulations,a distinction is sometimes made between direct regulation and social regulation.Which of the following would be a social regulation?

The fact that prices among competitors in a particular industry tend to go up or down at the same time and by approximately the same amount does not necessarily mean that there is a conspiracy.

Carla owns Nifftee Dry Cleaners.If she is guilty of misleading advertising,who is the most likely to report her?

A law that prohibits any form of association between two or more businesses is probably

On what basis can a merger be approved even though it has been shown that it will substantially lessen competition?

Even if it is determined that a proposed merger will substantially and detrimentally lessen competition,it may still be justified on the grounds of

Explain the dilemma created by the constitution when it comes to the enactment of federal and provincial legislation designed to regulate commercial transactions and thus protect consumers,as well as its effect.

Parallel pricing is an example of monopolizing.

The Canadian federal government organized its consumer protection legislation,culminating in 2011 with the implementation of the Canada Consumer Products Safety Act (CCPSA).What is the CCPSA,and what activities does it focus on?

To enforce environmental protection laws is no small or easy matter.The enforcement usually involves

Why is there a need to make many consumer-protection offences dual offences?

In the case of an abnormal environmental report,the person who owns or controls the substance or activity has a duty to report and take remedial action.

Administrative bodies created by statute must provide a basic level of procedural fairness to those persons likely to be affected by any decision.At a minimum,procedural fairness includes all of the following EXCEPT

A dual offence is an offence under the Competition Act that may be either