La protection de l'environnement par les sanctions administratives pécuniaires au Québec

Avec l’adoption le 4 octobre 2011 par l’Assemblée nationale du Québec du projet de loi 89 intitulé «Loi modifiant la Loi sur la qualité de l’environnement afin d’en renforcer le respect», le législateur est venu renforcer le régime de droit pénal en augmentant la sévérité des peines pour les infractions à Loi sur la qualité de l’environnement. Il a aussi élargi les pouvoirs d’intervention du ministre en lien avec les autorisations qu’il émet. Cependant, la principale réforme apportée par le projet de loi 89 qui touche aux mécanismes même de protection de l’environnement, est la création de toute pièce d’un régime de sanctions dites administratives pécuniaires, parallèlement au régime de sanctions déjà existantes. La première interrogation, soulevée à l’égard des sanctions administratives pécuniaires, et la plus fondamentale, était celle de savoir si le contrevenant devait bénéficier des protections constitutionnelles énoncées à l’article 11 de la Charte canadienne des droits et libertés, tel un inculpé face à une procédure pénale. Puisque nous concluons que ces sanctions relèvent uniquement du droit administratif, nous avons cherché à déterminer quel serait le contenu du devoir d’agir équitablement de l’Administration lors du processus d’émission et de contestation de la sanction administrative pécuniaire.

Administrative Placement of the Information Systems Discipline in Universities - A SWOT Analysis of Queensland University of Technology

In some Queensland universities, Information Systems academics have moved out of Business Faculties. This study uses a pilot SWOT analysis to examine the ramifications of Information Systems academics being located within or outside of the Business Faculty. The analysis provides a useful basis for decision makers in the School studied, to exploit opportunities and minimise external threats. For Information Systems academics contemplating administrative relocation of their group, the study also offers useful insights. The study presages a series of further SWOT analyses to provide a range of perspectives on the relative merits of having Information Systems academics administratively located inside versus outside Business faculties.

Speeding in Australia and China : a comparison of the influence of legal sanctions and enforcement practices on car drivers

Despite increasingly sophisticated speed management strategies, speeding remains a significant contributing factor in 25% of Australia’s fatal crashes. Excessive speed is also a recognised contributor to road trauma in rapidly motorising countries such as China, where increases in vehicle ownership and new drivers, and a high proportion of vulnerable road users all contribute to a high road trauma rate. Speed choice is a voluntary behaviour. Therefore, driver perceptions are important to our understanding of the nature of speeding. This paper reports preliminary qualitative (focus groups) and quantitative (survey) investigations of the perceptions of drivers in Queensland and Beijing. Drivers’ definitions of speeding as well as their perceptions of the influence of legal factors on their reported speeds were explored. Survey participants were recruited from petrol stations (Queensland, n=833) and car washes (Beijing, n=299). Similarities were evident in justifications for exceeding speed limits across samples. Excessive speeds were not deemed as ‘speeding’ when drivers considered that they were safe and under their control, or when speed limits were seen as unreasonably low. This appears linked to perceptions of enforcement tolerances in some instances with higher perceived enforcement thresholds noted in China. Encouragingly, drivers in both countries reported a high perceived risk of apprehension if speeding. However, a substantial proportion of both samples also indicated perceptions of low certainty of receiving penalties when apprehended. Chinese drivers considered sanctions less severe than did Australian drivers. In addition, strategies to avoid detection and penalties were evident in both samples, with Chinese drivers reporting a broader range of avoidant techniques. Implications of the findings for future directions in speed management in both countries are discussed.

An administrative model for UCON

UCON is an emerging access control framework that lacks an administration model. In this paper we define the problem of administration and propose a novel administrative model. At the core of this model is the concept of attribute, which is also the central component of UCON. In our model, attributes are created by the assertions of subjects, which ascribe properties/rights to other subjects or objects. Through such a treatment of attributes, administration capabilities can be delegated from one subject to another and as a consequence UCON is improved in three aspects. First, immutable attributes that are currently considered as external to the model can be incorporated and thereby treated as mutable at- tributes. Second, the current arbitrary categorisation of users (as modifiers of attributes), to system and administrator can be removed. Attributes and objects are only modifiable by those who possess administration capability over them. Third, the delegation of administration over objects and properties that is not currently expressible in UCON is made possible.

Serious tax non compliance : motivation and guardianship

This article reviews what international evidence exists on the impact of civil and criminal sanctions upon serious tax noncompliance by individuals. This construct lacks sharp definitional boundaries but includes large tax fraud and large-scale evasion that are not dealt with as fraud. Although substantial research and theory have been developed on general tax evasion and compliance, their conclusions might not apply to large-scale intentional fraudsters. No scientifically defensible studies directly compared civil and criminal sanctions for tax fraud, although one U.S. study reported that significantly enhanced criminal sanctions have more effects than enhanced audit levels. Prosecution is public, whereas administrative penalties are confidential, and this fact encourages those caught to pay heavy penalties to avoid publicity, a criminal record, and imprisonment.

Impaired drivers : The need to yoke treatment and sanctions

Objective: To understand the levels of substance abuse and dependence among impaired drivers by comparing the differences in patients in substance abuse treatment programs with and without a past-year DUI arrest based on their primary problem substance at admission (alcohol, cocaine, cannabis, or methamphetamine). Method: Records on 345,067 admissions to Texas treatment programs between 2005 and 2008 have been analyzed for differences in demographic characteristics, levels of severity, and mental health problems at admission, treatment completion, and 90-day follow-up. Methods will include t-tests,??, and multivariate logistic regression. Results: The analysis found that DUI arrestees with a primary problem with alcohol were less impaired than non-DUI alcohol patients, had fewer mental health problems, and were more likely to complete treatment. DUI arrestees with a primary problem with cannabis were more impaired than non-DUI cannabis patients and there was no difference in treatment completion. DUI arrestees with a primary problem with cocaine were less impaired and more likely to complete treatment than other cocaine patients, and there was little difference in levels of mental health problems. DUI arrestees with a primary problem with methamphetamine were more similar to methamphetamine non-arrestees, with no difference in mental health problems and treatment completion. Conclusions: This study provides evidence of the extent of abuse and dependence among DUI arrestees and their need for treatment for their alcohol and drug problems in order to decrease recidivism. Treatment patients with past-year DUI arrests had good treatment outcomes but closer supervision during 90 day follow-up after treatment can lead to even better long-term outcomes, including reduced recidivism. Information will be provided on the latest treatment methodologies, including medication assisted therapies and screening and brief interventions, and ways impaired driving programs and substance dependence programs can be integrated to benefit the driver and society.

Do Australian public and nonprofit nurses cope with administrative stressors?

The nursing profession in Australia and other OECD countries such as the USA and the UK, have focused on ways to recruit and retain nurses (e.g., Bartram, Joiner, & Stanton, 2004). Research has shown that the most common factors impacting negatively on retention include sources of nursing stress such as workload and work environment. While the literature has shown that nursing staff encounter these stressors, studies do not examine the effects of stress caused by an increasing degree of administrative demand placed on nurses, caused by the new public management (NPM) reform in public and nonprofit (PNP) health care organizations. At best, some studies have alluded to some aspects of administrative related stressors (vis-a-vis nursing related stressors such as death, sickness, etc), but they have not been examined in any detail. Similarly, extant research has not examined how nurses cope with these administrative stressors. These will be the main aims of the present study.

Proportionality of sanctions under the WADA Code : CAS jurisprudence and the need for a strict approach

This article suggests that the issue of proportionality in anti-doping sanctions has been inconsistently dealt with by the Court of Arbitration for Sport (CAS). Given CAS’s pre-eminent role in interpreting and applying the World Anti-Doping Code under the anti-doping policies of its signatories, an inconsistent approach to the application of the proportionality principle will cause difficulties for domestic anti-doping tribunals seeking guidance as to the appropriateness of their doping sanctions.

Regulating Workplace Safety: systems and sanctions

Drawing from experience internationally, on recent and important developments in regulatory theory, and upon models and approaches constructed during the author's empirical research, this book addresses the question: how can law influence the internal self-regulation of organisations in order to make them more responsive to occupational health and safety concerns? In this context, it is argued that Occupational Health and Safety management systems have the potential to stimulate models of self-organisation within firms in such a way as to make them self-reflective and to encourage informal self-critical reflection about their occupational health and safety performance.

Report to VicRoads: Vehicle based sanctions to address drink driving

Licence sanctions including suspension, disqualification, or revocation have been effective in reducing recidivism and crash rates among those convicted of driving while under the influence of alcohol and/or drugs. Nonetheless, studies have indicated that many offenders continue to drive while they are unlicensed. Consequently, more recent attention has been given to vehicle sanctions that separate the offender from their vehicle. Vehicle based interventions focus on incapacitating the vehicle or separating it from the offending driver rather than relying on the threat of further sanctions to encourage compliance. Following on from a previous review conducted by Dr. Ron Christie (2006) for VicRoads, which examined the effectiveness of vehicle based sanctions in deterring unlicensed driving, this report considers the effectiveness of the aforementioned vehicle based sanctions for addressing drink driving.

Interrupting the child/adult dichotomy: A genealogy of genius as an administrative object in educational discourse

Part of a special issue on childhood and cultural studies. The writer provides a genealogy of genius that interrupt the child/adult dichotomy and disrupts the notion of child as subject. Tracing the evolution of the notion of “genius,” she notes that although conceptualizations of genius have changed considerably over the years, it has continually been a concept that distinguishes the haves from the have-nots. The writer maintains that the idea of genius consistently invokes images of both maleness and whiteness and marginalizes the experiences of women and other groups.

Japanese women and the ‘new’ administrative state

This chapter questions whether Japanese administrative law reform agenda aimed at promoting greater transparency in decision-making will necessarily lead to better policy outcomes for Japanese women. The chapter evaluates recent legislative reforms and policymaking initiatives in the area of sexual harassment and argues that these developments do not improve the situation for Japanese women. The reason is that the new rules effectively charge corporations with the responsibility to self-regulate, thereby transforming sexual harassment from a public issue of human rights to a domestic issue of corporate governance.

Administrative Reforms: Towards Sustainable Practices by Amita Singh (Ed.)

A key issue on achieving sustainability and sustainable development is through administrative reforms. The book under review, a compilation of ‘good practices’, comes in at a time when the helm of affairs on governance and administrative practices is up for a thorough introspection. This book is a collection of papers presented at the ‘International Conference on Administrative Reforms, Good Practices and their Sustainability’ on 24–25th April 2003 at New Delhi.