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Abstract: . . . environmental management practices. Resources included: “money, technical expertise, and information that support evolution toward environmental excellence”(Lawrence and Morell 1995, 112). Financial and human resources have been widely recognized as barriers to implementing a progressive EMS (Kirkland and Thompson 1997, Stapleton et al. 1996, Walley and Whitehead 1994, Wilson 1997). Information about relevant laws, technical information, and information about the actions of other firms was another key element . . . . . . 38 26 (82% of respondents) in the decision of whether or not to implement an EMS. This factor was cited well ahead of improved business performance (18%) (Ernst & Young 1997, 10). It appears that more companies will have a generic, “ ISO -based”or “ ISO - compatible”EMS in order to reduce environmental liability, than one that will be certified to the standard, to differentiate a company within its market. Environmental regulation, and hence liability, also have a strong influence on the content . . . . . . environmental offences, the implications of specific legal decisions to the development of EMSs, and the influence of environmental regulations on environmental training and awareness programs. Much of the literature indicated that the level of ISO 14001 adoption is expected to be market or strategy-driven (Abbott n.d., Porter and van der Linde 1995, Powers 1995). However, a recent survey of 11 large British Columbia companies suggested that legal compliance is the leading driver Page 38 26 (82% . . . . . . proper system to prevent the commission of the offence and by taking reasonable steps to ensure the effective operation of the system (in Bisson 1995, 20). This decision, as well as defining strict liability, referred to the use of a system to manage environmental affairs, including the maintenance of the system, as a requirement for exercising all reasonable care. It put an onus on the employer to establish an EMS and ensure that it remains effective. It also implied that to minimize liability, an . . . . . . that will be certified to the standard, to differentiate a company within its market. Environmental regulation, and hence liability, also have a strong influence on the content and scope of training and awareness programs in corporate environmental management (Ecotec 1992, 79- 80). This section discusses how environmental law defines training and awareness programs as important components of a credible EMS. 2.4.1. Environmental offences Environmental law is comprised of a body of statutory and common . . . . . . case law to determine what constitutes a “ system to prevent the commission of the offence ”(Bisson 1995, 21) [emphasis added]. R. v. Bata Industries In 1992, Bata became the first case in Canada to define the standard of care that would apply to “a system”in the defence of due diligence. The Bata case is also, . . . --3000,6,250,3253,55775
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