239 Lieutenant
Governor in Council regulations
Part 11
Miscellaneous Provisions
Environmental
Protection Orders
240 Joint
and several liability under environmental protection orders
241 General
requirements of environmental protection orders
242 Ministerial
regulations
243 Amendment
and cancellation of environmental protection orders
244 Court
order for compliance
245 Failure
to comply with environmental protection order
246 Environmental
protection order where person unidentifiable
247 General
requirements re emergency environmental
protection order
248 Recovery
of costs for emergency measures
Miscellaneous
249 Use
of assistants
250 Right
of entry
251 Interference
252 Court
order re interference
253 Vicarious
responsibility
254 Documentary
evidence
255 Certificate
of analyst
256 Service
Schedule
HER MAJESTY, by and with
the advice and consent of the Legislative Assembly of Alberta, enacts as
follows:
Definitions
1 In this Act,
(a) “activity”
means an activity or part of an activity listed in the Schedule of Activities;
(b) “adverse
effect” means impairment of or damage to the environment, human health or
safety or property;
(c) “agricultural
operation” means agricultural operation as defined in the Agricultural Operation Practices Act;
(d) “analyst”
means an analyst designated by the Minister under section 25;
(e) “animal”
means any animal other than a human;
(f) “approval”
means an approval issued under this Act in respect of an activity, and includes
the renewal of an approval;
(g) “Board”
means the Environmental Appeals Board;
(h) “borehole”
means a hole advanced into the ground for the purpose of determining
engineering or geological classification and properties or for instrumentation
purposes;
(i) “certificate
of qualification” means a certificate of qualification issued under section 82,
including the renewal of such a certificate, and a certificate or other
qualification from another jurisdiction that is accepted under the regulations
as a certificate of qualification for the purposes of this Act;
(j) “certificate
of title” includes a document issued under the Metis Settlements Act with respect to land in a settlement area
under that Act that is similar in nature to a certificate of title within the
meaning of the Land Titles Act;
(k) “certificate
of variance” means a certificate of variance issued under section 78;
(k.1) “code
of practice” means a document governing an activity or activities or a portion
of an activity or activities that is adopted or incorporated pursuant to
section 38;
(l) “conservation”
means, except in sections 22 to 24, the planning, management and implementation
of an activity with the objective of protecting the essential physical,
chemical and biological characteristics of the environment against degradation;
(m) “Co‑ordinating
Council” means the Sustainable Development Co‑ordinating Council
continued under section 5;
(n) “council”,
when used with reference to a local authority, includes a settlement council
under the Metis Settlements Act;
(o) “Department”
means the Department administered by the Minister;
(p) “designated
livestock operation” means a designated livestock operation within the meaning
of the regulations;
(q) “designated
material” means a designated material within the meaning of the regulations;
(r) “Director”
means, subject to section 42, a person designated as a Director for the
purposes of this Act by the Minister;
(s) “document”
includes a book, sound recording, videotape, film, photograph, chart, graph,
map, plan, survey, book of account and any other information that is recorded
or stored by means of a device;
(s.1) “electronic”
includes created, recorded, transmitted or stored in digital form or in any
other intangible form by electronic, magnetic or optical means or by any other
means that have similar capabilities for creation, recording, transmission or
storage;
(t) “environment”
means the components of the earth and includes
(i) air, land and water,
(ii) all layers of the atmosphere,
(iii) all organic and inorganic matter and living organisms, and
(iv) the interacting natural systems that include components referred
to in subclauses (i) to (iii);
(u) “Environmental
Protection and Enhancement Fund” means the fund established under section 30;
(v) “Environmental
Protection Security Fund” means the fund continued under section 32;
(w) “Government”
means the Government of Alberta;
(x) “Government
agency” means
(i) a corporation that is an agent of the Government, or
(ii) a corporation, commission, board or other body whose members are
appointed by an Act of the Legislature, the Lieutenant Governor in Council or a
Minister of the Government, or any combination of them;
(y) “groundwater”
means all water under the surface of the ground;
(z) “hazardous
recyclable” means hazardous recyclable within the meaning of the regulations;
(aa) “hazardous
substance” means a substance or mixture of substances, other than a pesticide,
that exhibits characteristics of flammability, corrosivity, reactivity or
toxicity, including, without limitation, any substance that is designated as a
hazardous substance within the meaning of the regulations;
(bb) “hazardous
waste” means hazardous waste within the meaning of the regulations;
(cc) “heavy
oil” means a naturally occurring viscous mixture, other than crude bitumen,
that consists mainly of hydrocarbons heavier than pentane, that may contain
sulphur compounds and that in its naturally occurring state has a density of
more than 920 kilograms per cubic metre;
(dd) “heavy
oil site” means a location at which a facility exists or is to be developed for
recovering heavy oil by drilling and includes any injection or pumping
facilities and any associated infrastructures and pipelines;
(ee) “highway”
means highway within the meaning of the Traffic
Safety Act;
(ff) “industrial
development” means an industrial development within the meaning of the
regulations;
(gg) “inspector”
means a person who is an inspector by reason of section 25 or 27;
(hh) “investigator”
means a person who is an investigator by reason of section 25 or 27;
(ii) “land
titles office” includes, with respect to land in a settlement area within the
meaning of the Metis Settlements Act,
the Metis Settlements Land Registry established under that Act;
(jj) “local
authority” means
(i) the corporation of a city, town, village, summer village,
municipal district or specialized municipality,
(ii) in the case of an improvement district, the Minister responsible
for the Municipal Government Act,
(iii) in the case of a special area, the Minister responsible for the Special Areas Act,
(iv) a settlement under the Metis
Settlements Act,
(v) a regional services commission under Part 15.1 of the Municipal Government Act, and
(vi) a regional health authority under the Regional Health Authorities Act,
but for the purposes of
sections 12(b), 22 to 24, 126, 184, 185 and 186 does not include an entity
referred to in subclause (v) or (vi), and for the purposes of sections 147(b),
175(n) and 180(b) does not include an entity referred to in subclause (vi);
(kk) “mine”
means any opening in, excavation in or working of the surface or subsurface for
the purpose of working, recovering, opening up or proving coal, a coal bearing
substance, oil sands or an oil sands bearing substance, and includes any
associated infrastructure;
(ll) “minerals”
means all naturally occurring minerals, including, without limitation, gold,
silver, uranium, platinum, pitchblende, radium, precious stones, copper, iron,
tin, zinc, asbestos, salts, sulphur, petroleum, oil, asphalt, bituminous sands,
oil sands, natural gas, coal, anhydrite, barite, bauxite, bentonite, diatomite,
dolomite, epsomite, granite, gypsum, limestone, marble, mica, mirabilite,
potash, quartz rock, rock phosphate, sandstone, serpentine, shale, slate, talc,
thenardite, trona and volcanic ash;
(mm) “Minister”
means the Minister determined under section 16 of the Government Organization Act as the Minister responsible for this
Act;
(nn) “municipal
development” means a municipal development within the meaning of the
regulations;
(oo) “municipality”
means the geographical area of a city, town, village, summer village, municipal
district, specialized municipality, improvement district, special area or
settlement area within the meaning of the Metis
Settlements Act;
(pp) “oil
production site” means oil production site within the meaning of the
regulations;
(qq) “oil
sands” means
(i) sands and other rock materials containing crude bitumen,
(ii) the crude bitumen contained in those sands and other rock
materials, and
(iii) any other mineral substances, other than natural gas, in
association with that crude bitumen or those sands and other rock materials
referred to in subclauses (i) and (ii);
(rr) “oil
sands site” means a location at which a facility exists or is to be developed
for recovering oil sands by drilling or other in situ recovery operations, and
includes
(i) any injection or pumping facility, storage facility or tailings
storage or disposal site that exists or is to be developed, and
(ii) any permanent access or haul road, railway, telecommunication
line or pipeline on the location for the transmission of synthetic crude oil;
(ss) “owner”,
with regard to land, means
(i) the registered owner of the land,
(ii) a purchaser of the land whose interest as a purchaser is shown on
the certificate of title to that land, or
(iii) a tenant or other person who is in lawful possession or
occupation of the land;
(tt) “person
responsible”, when used with reference to a substance or a thing containing a
substance, means
(i) the owner and a previous owner of the substance or thing,
(ii) every person who has or has had charge, management or control of
the substance or thing, including, without limitation, the manufacture,
treatment, sale, handling, use, storage, disposal, transportation, display or
method of application of the substance or thing,
(iii) any successor, assignee, executor, administrator, receiver, receiver‑manager
or trustee of a person referred to in subclause (i) or (ii), and
(iv) a person who acts as the principal or agent of a person referred
to in subclause (i), (ii) or (iii),
but does not include
(v) a municipality in respect of
(A) a parcel of land shown on its tax arrears
list, unless after the date on which the municipality is entitled to possession
of the parcel under section 420 of the Municipal Government Act or
becomes the owner of the parcel under section 424 of that Act the municipality
releases on that parcel a new or additional substance into the environment that
may cause, is causing or has caused an adverse effect or aggravates the adverse
effect of the release of a substance into the environment on that parcel, or
(B) a parcel of land acquired by it by
dedication or gift of an environmental reserve, municipal reserve, school
reserve, road, utility lot or right of way under Part 17 of the Municipal
Government Act, unless after the date on which the land is acquired the
municipality releases on that parcel a new or additional substance into the
environment that may cause, is causing or has caused an adverse effect or
aggravates the adverse effect of the release of a substance into the
environment on that parcel,
or
(vi) a person who investigates or tests a parcel of land for the
purpose of determining the environmental condition of that parcel, unless the
investigation or test releases on that parcel a new or additional substance
into the environment that may cause, is causing or has caused an adverse effect
or aggravates the adverse effect of the release of a substance into the
environment on that parcel;
(uu) “pest”
means any injurious, noxious or troublesome plant or animal life and includes
any injurious, noxious or troublesome organic function of a plant or animal;
(vv) “pesticide”
means
(i) a substance that is intended, sold or represented for use in
preventing, destroying, repelling or mitigating any insect, nematode, rodent,
predatory animal, parasite, bacteria, fungus, weed or other form of plant or
animal life or virus, except a virus, parasite, bacteria or fungus in living
people or animals,
(ii) any substance that is a pest control product within the meaning
of the Pest Control Products Act
(Canada) or is intended for use as such a pest control product,
(iii) any substance that is a plant growth regulator, a defoliant or a
plant desiccant,
(iv) a fertilizer within the meaning of the Fertilizers Act (Canada) that contains a substance referred to in
subclause (i), (ii) or (iii), and
(v) any other substance designated as a pesticide in the regulations,
but does not include a
substance that is intended, sold or represented for use in potable water to
prevent or destroy bacteria, parasites or viruses if the substance is not a
pest control product within the meaning of the Pest Control Products Act (Canada);
(ww) “pipeline”
means
(i) a pipe for the transmission of any substance and installations in
connection with that pipe, or
(ii) a sewer or sewage system and installations in connection with
that sewer or sewage system;
(iii) repealed 2003 c37 s2;
(xx) “pit”
means any opening in, excavation in or working of the surface or subsurface
made for the purpose of removing sand, gravel, clay or marl and includes any
associated infrastructure, but does not include a mine or quarry;
(yy) “place”
includes any land, building, structure, machine, aircraft, vehicle or vessel;
(zz) “potable
water” means water that is supplied by a waterworks system and is used for
drinking, cooking, dish washing or other domestic purposes requiring water that
is suitable for human consumption;
(aaa) “private
utility” means a private utility within the meaning of the regulations;
(bbb) “privately
owned development” means a privately owned development within the meaning of
the regulations;
(ccc) “quarry”
means any opening in, excavation in or working of the surface or subsurface for
the purpose of working, recovering, opening up or proving
(i) any mineral other than coal, a coal bearing substance, oil sands
or an oil sands bearing substance, or
(ii) ammonite shell,
and includes any associated
infrastructure;
(ddd) “reclamation”
means any or all of the following:
(i) the removal of equipment or buildings or other structures or
appurtenances;
(ii) the decontamination of buildings or other structures or other
appurtenances, or land or water;
(iii) the stabilization, contouring, maintenance, conditioning or
reconstruction of the surface of land;
(iv) any other procedure, operation or requirement specified in the
regulations;
(eee) “recycle”
means to do anything that results in providing a use for a thing that otherwise
would be disposed of or dealt with as waste, including collecting,
transporting, handling, storing, sorting, separating and processing the thing,
but does not include the application of waste to land or the use of a thermal
destruction process;
(fff) “registered
owner”, with respect to land, means
(i) the person registered in a land titles office as the owner of the
fee simple in the land, and
(ii) except for the purposes of section 22, the person registered in a
land titles office as the owner of a life estate in the land,
and in the case of patented
land within the meaning of the Metis
Settlements Act includes a person registered in the Metis Settlements Land Registry established
under that Act;
(ggg) “registration”
means, except in sections 23, 24, 34(n),
154(b) and 175(d), a registration issued under this Act in respect of an
activity, and includes the renewal of a registration;
(hhh) “release”
includes to spill, discharge, dispose of, spray, inject, inoculate, abandon,
deposit, leak, seep, pour, emit, empty, throw, dump, place and exhaust;
(iii) “remediation
certificate” means a remediation certificate issued under section 117;
(jjj) repealed
2003 c2 s1(24);
(kkk) “storage”
means the holding of a substance or thing for a temporary period at the end of
which it is processed, used, transported, treated or disposed of;
(lll) “storm
drainage system” means any system for collecting, storing and disposing of
storm drainage, and includes
(i) the sewers and pumping stations that make up the storm drainage
collection system,
(ii) the storm drainage storage, management and treatment facilities
that buffer the effects of the peak runoff or improve the quality of the storm
water,
(iii) the sewers and pumping stations that transport storm drainage to
the location where it is treated or disposed of, and
(iv) the storm drainage outfall structures;
(mmm) “substance”
means
(i) any matter that
(A) is capable of becoming dispersed in the
environment, or
(B) is capable of becoming transformed in the
environment into matter referred to in paragraph (A),
(ii) any sound, vibration, heat, radiation or other form of energy,
and
(iii) any combination of things referred to in subclauses (i) and (ii);
(nnn) “surface
water” means water in a watercourse;
(ooo) “telecommunication
line” means a system or arrangement of lines of wire or other conductors by
which telephone or other kinds of communications are transmitted and received
by electronic means;
(ppp) “this
Act” means this Act and the regulations;
(qqq) “transmission
line” means a system or arrangement of lines of wire or other conductors and
transformation equipment, wholly within Alberta, whereby electric energy,
however produced, is transmitted in bulk, and includes
(i) transmission circuits composed of the conductors that form the
minimum set required to transmit the electric energy,
(ii) insulating and supporting structures,
(iii) substations,
(iv) operational and control devices, and
(v) all property used for the purpose of, or in connection with, the
operation of the transmission line,
but does not include a
power plant or electric distribution system as defined in the Hydro and Electric Energy Act;
(rrr) “treat”
means to apply any method, technique or process, including, without limitation,
neutralization and stabilization, that is designed to change the physical,
chemical or biological character or composition of a substance;
(sss) “vehicle”
means a device in, on or by which a person or thing may be transported or drawn
on a highway;
(ttt) “waste
management facility” means a facility for the collection, storage, treatment or
disposal of waste;
(uuu) “wastewater
system” means a system for collecting, treating and disposing of wastewater and
includes any or all of the following:
(i) sewers and pumping stations that make up a wastewater collection
system;
(ii) sewers and pumping stations that transport untreated wastewater
from a wastewater collection system to a wastewater treatment plant;
(iii) wastewater treatment plants;
(iv) facilities that provide storage for treated wastewater;
(v) wastewater sludge treatment and disposal facilities;
(vi) sewers that transport treated wastewater from a wastewater
treatment plant to the place where it is disposed of;
(vii) treated wastewater outfall facilities, including the outfall
structures to a watercourse or any appurtenances for disposal of treated
wastewater to land or to wetlands;
(vvv) “water”
means all water on or under the surface of the ground;
(www) “water
distribution system” means a system of pipes, valves, fittings and
appurtenances, including associated pressure reducing stations, that is used to
convey potable water in a waterworks system to a service connection;
(xxx) “water
well” means an opening in the ground, whether drilled or altered from its
natural state, that is used for
(i) the production of groundwater for any purpose,
(ii) obtaining data on groundwater, or
(iii) recharging an underground formation from which groundwater can be
recovered,
and includes any related
equipment, buildings, structures and appurtenances, but does not include a
dugout;
(yyy) “watercourse”
means
(i) the bed and shore of a river, stream, lake, creek, lagoon, swamp,
marsh or other natural body of water, or
(ii) a canal, ditch, reservoir or other artificial surface feature
made by humans,
whether it contains or
conveys water continuously or intermittently;
(zzz) “waterworks
system” means any system providing potable water to a city, town, specialized
municipality, village, summer village, hamlet, settlement area as defined in
the Metis Settlements Act, municipal development, industrial
development, privately owned development or private utility, and includes any
or all of the following components:
(i) water wells connected to water supply lines, surface water
intakes or infiltration galleries that constitute the water supply;
(ii) water supply lines;
(iii) on‑stream and off‑stream water storage facilities;
(iv) water pumphouses;
(v) water treatment plants;
(vi) potable water transmission mains;
(vii) potable water storage facilities;
(viii) potable water pumping facilities;
(ix) water distribution systems;
(x) watering points;
(aaaa) “well”
means an orifice in the ground that is completed or is being drilled
(i) for the production of oil, oil sands or gas, or
(ii) for injection into an underground formation.
RSA 2000 cE‑12
s1;RSA 2000 cT‑6 s197;
2003 c2 s1(24);2003 c37 s2;2003 c42 s6;
2006 c15 s2
Purpose of Act
2 The purpose of this Act is to support and
promote the protection, enhancement and wise use of the environment while
recognizing the following:
(a) the
protection of the environment is essential to the integrity of ecosystems and
human health and to the well‑being of society;
(b) the
need for Alberta’s economic growth and prosperity in an environmentally
responsible manner and the need to integrate environmental protection and
economic decisions in the earliest stages of planning;
(c) the
principle of sustainable development, which ensures that the use of resources
and the environment today does not impair prospects for their use by future
generations;
(d) the
importance of preventing and mitigating the environmental impact of development
and of government policies, programs and decisions;
(e) the
need for Government leadership in areas of environmental research, technology
and protection standards;
(f) the
shared responsibility of all Alberta citizens for ensuring the protection,
enhancement and wise use of the environment through individual actions;
(g) the
opportunities made available through this Act for citizens to provide advice on
decisions affecting the environment;
(h) the
responsibility to work co‑operatively with governments of other
jurisdictions to prevent and minimize transboundary environmental impacts;
(i) the
responsibility of polluters to pay for the costs of their actions;
(j) the important role of comprehensive and
responsive action in administering this Act.
1992 cE‑13.3
s2;1994 c15 s3
Crown is bound
3 Except where this Act
specifically provides to the contrary, the Crown is bound by this Act.
1992 cE‑13.3 s3
Part 1
Administration
Consultation,
Communication and Education
Advisory committees,
experts
4(1) The Minister may
(a) establish
advisory committees and retain experts to report to the Minister with respect
to
(i) the content and administration of this Act, and
(ii) any of the policies, programs, services or other matters under
the Minister’s administration,
and
(b) specify
the functions that the committees and experts are to perform, including,
without limitation, the seeking of input from the public, and the manner in
which and time period within which those functions are to be performed.
(2) The report of a committee established pursuant
to subsection (1), including the recommendations and the reasons for them,
shall be made public in the manner
provided for in the regulations.
1992 cE‑13.3
s4;1994 c15 s4
Sustainable Development
Co‑ordinating Council
5 The Natural Resources Co‑ordinating
Council is continued as the Sustainable Development Co‑ordinating
Council.
1992 cE‑13.3 s5
Purpose of Co‑ordinating
Council
6(1) The Co‑ordinating Council may co‑ordinate,
review and make recommendations to the Minister on interdepartmental matters
related to sustainable development and the protection of the environment.
(2) The Co‑ordinating Council shall make its
recommendations and reports to the Minister, who shall submit copies in a
timely manner to the members of the Executive Council.
1992 cE‑13.3 s6
Members of Co‑ordinating
Council
7(1) The Co‑ordinating Council shall consist
of
(a) a
Deputy Minister of each of the following departments of the Government, as
designated by the Minister of each department:
(i) Agriculture, Food and Rural Development;
(ii) Economic Development;
(iii) Resource Development;
(iv) Environment;
(v) International and Intergovernmental Relations;
(vi) Health and Wellness;
(vii) Municipal Affairs;
(viii) Government Services;
(ix) Infrastructure;
(b) the
chair of the Energy Resources Conservation Board;
(b.1) the Chair of the Alberta Utilities Commission;
(c) the
chair of the Natural Resources Conservation Board;
(d) the
chief executive officer of the Alberta Science, Research and Technology
Authority;
(e) representatives
from other Government agencies and departments who are designated by the
Minister.
(2) The
Deputy Minister of the Department is the chair of the Co‑ordinating Council.
(3) Notwithstanding subsection (1), each member of
the Co‑ordinating Council may appoint in writing a person to be an
alternate member of the Co‑ordinating Council to act in that member’s
place as a member of the Co‑ordinating Council in the event of that
member’s temporary absence or temporary inability to act.
RSA 2000 cE‑12
s7;2007 cA‑37.2 s82(6)
Rules of operation
8 The members of the Co‑ordinating
Council
(a) may
appoint other officers of the Council, and
(b) may make rules governing the calling and
conduct of meetings of the Council and any other matters pertaining to the
conduct of its business and affairs.
1992 cE‑13.3 s8
Quorum
9 A majority of the members of
the Co‑ordinating Council or their respective alternate members
constitutes a quorum.
1992 cE‑13.3 s9
Committees
10(1) The Minister may establish one or more
committees consisting of employees of the Government or a Government agency or
of the Government of Canada or an agency of that Government to co‑ordinate
and review matters related to this Act and to advise the Minister on matters
related to this Act and the protection of the environment generally.
(2) The
Director may establish one or more committees consisting of employees of the
Government or a Government agency or of the Government of Canada or an agency
of that Government to advise the Director on matters related to this Act that
are referred to the committees.
(3) A
committee may make rules governing its conduct, procedures and meetings.
(4) A committee shall make and submit to the
Minister or the Director, as the case may be, reports and recommendations on
specific matters reviewed by it.
1992 cE-13.3 s10;1998
c15 s4
Health issues
11 The Minister shall, in
recognition of the integral relationship between human health and the
environment, co‑operate with and assist the Minister of Health and
Wellness in promoting human health through environmental protection.
1992 cE‑13.3 s11
Powers and duties of
Minister
12 The Minister
(a) is
responsible for the establishment of the policies, programs, services and
administrative procedures of the Department, and for co‑ordination with
other departments of the Government and with Government agencies of matters
pertaining to the environment;
(b) shall,
as the representative of the Government, maintain a continuing liaison with the
governments of other jurisdictions and agencies of those governments, and local
authorities in Alberta in relation to matters under the administration of the
Minister;
(c) shall
compile, study and assess information related to the environment for the
purpose of better carrying out the Minister’s functions and responsibilities
under this or any other Act with a view to providing that information to
departments of the Government, Government agencies and the public;
(d) shall
carry out and may participate in research projects related to matters
pertaining to the environment;
(e) shall
conduct a continuing review of research related to any matter pertaining to the
environment that is being carried out by the Government or Government agencies
or by others and shall promote the co‑ordination of that research and of
facilities used for that research;
(f) shall
maintain a library consisting of publications and other information relating to
matters pertaining to the environment;
(g) shall,
unilaterally or in co‑operation with other departments of the Government
and Government agencies, develop, publish and distribute educational materials
with respect to the environment and shall co‑ordinate, develop and
deliver educational programs and services to assist Albertans to better
understand the environment and become responsibly involved in the protection
and wise use of the environment;
(h) may,
in co‑operation with other departments of the Government and Government
agencies, develop and implement economic and financial instruments and market‑based
approaches to achieve environmental protection, to achieve environmental
quality goals in a cost effective manner and to provide methods of financing
programs for environmental purposes;
(i) shall generally do any acts the Minister
considers necessary to promote the protection and wise use of the environment
for the benefit of the people of Alberta and future generations.
1992 cE‑13.3
s12;1994 c15 s6
Economic instruments
13 The Minister may, in accordance with the
regulations, establish programs and other measures for the use of economic and
financial instruments and market‑based approaches, including, without
limitation,
(a) emission
trading,
(b) incentives,
(c) subsidies,
(d) emission,
effluent and waste disposal fees, and
(e) differential
levies,
for the purposes of protecting the environment, achieving
environmental quality goals in a cost effective manner and providing methods of
financing programs and other measures for environmental purposes.
1992 cE‑13.3 s13
Development of
guidelines and objectives
14(1) In order to further the protection and wise use
of the environment, the Minister shall, after having complied with any
applicable regulations regarding public input or, in the absence of
regulations, after having engaged in any public consultation that the Minister considers appropriate, develop
ambient environmental quality objectives in qualitative or quantitative terms
for all or part of Alberta.
(2) In
developing objectives under subsection (1), the Minister shall give due
consideration to public input that the Minister has received.
(3) Objectives
developed under subsection (1) shall be made available to the public in
accordance with the regulations.
(4) In addition to developing objectives under
subsection (1), the Minister may develop other objectives, as well as
standards, practices, codes of practice, guidelines or methods, to meet goals
or purposes toward which the Government’s environmental protection efforts are
directed, including, without limitation, standards, practices, codes of
practice, guidelines, objectives or methods for monitoring, analysis and
predictive assessment.
RSA 2000 cE‑12
s14;2006 c15 s3
State of the environment
reporting
15 The Minister shall report
annually on the state of the Alberta environment.
1992 cE‑13.3 s15
General Administrative
Matters
Administration of Act
16 Except as otherwise provided
in this Act, the Minister is charged with the administration of this Act.
1992 cE‑13.3 s16
Delegation
17(1) The Minister may in writing delegate to any
person any power or duty conferred or imposed on the Minister under this Act.
(2) Subsection
(1) does not apply to the power or duty to make regulations.
(3) and (4) Repealed 2006 c15 s4.
(4) The Minister may take any steps that are
necessary to revoke a delegation under subsection (1) where the Minister
considers it appropriate to do so.
RSA 2000 cE‑12
s17;2006 c15 s4
Transfer of
administration
18(1) The
Minister may by agreement in writing or by regulation, and with the consent of
the person, transfer the administration of a provision of this Act to any
person and may specify the terms and conditions under which and subject to
which the transfer is made.
(2) Where
the administration of a provision of this Act has been transferred to another
person under subsection (1) and in the Minister’s opinion that person is not
properly administering the provision, the Minister may, after serving written
notice on the person, cause any other person designated by the Minister to
administer the provision.
RSA 2000 cE‑12
s18;2006 c15 s5
Agreements
19 The Minister may on behalf of the
Government enter into agreements relating to any matter pertaining to the
environment with
(a) the
government of another jurisdiction or an agency of that government,
(b) a
Government agency, or
(c) any person.
1992 cE‑13.3
s20;1994 c15 s10
Emergency response plan
20 The Minister may, in co‑operation
with representatives of other departments of the Government and Government
agencies and with other persons, formulate plans for effective co‑ordinated
action in cases of emergency to prevent, alleviate, control or stop the
destruction of, loss of or damage to the environment.
1992 cE‑13.3 s21
Agreements with land owners
21(1) In order to protect and enhance the
environment, the Minister may enter into an agreement with the registered owner
of land to restrict the purposes for which that land may be used by the
registered owner and the successors in title of the registered owner.
(2) An agreement under this section may provide for
the payment of compensation by the Government or by the registered owner of the
land.
1992 cE‑13.3
s22;1996 c17 s3
Conservation easements
22(1) In this section and in sections 23 and 24,
(a) “biological
diversity” means the variability among living organisms and the ecological
complexes of which they are a part, and includes diversity within and between
species and ecosystems;
(b) “conservation
easement” means a conservation easement granted under this section;
(c) “grantee”
means the recipient of a conservation easement, and includes a successor,
assignee, executor, administrator, receiver, receiver‑manager, liquidator
and trustee of the grantee;
(d) “grantor”
means the person who grants a conservation easement, and includes a successor,
assignee, executor, administrator, receiver, receiver‑manager, liquidator
and trustee of the grantor;
(e) “qualified
organization” means
(i) the Government,
(ii) a Government agency,
(iii) a local authority, or
(iv) a body corporate that
(A) has as one of its objects the acquisition
and holding of interests in land for purposes that are substantially the same
as any of the purposes listed in subsection (2),
(B) has in its constating instrument a requirement
that, on or in contemplation of the winding‑up of the body corporate, all
conservation easements that the body corporate holds are to be transferred to
another qualified organization, and
(C) is a registered charity within the meaning
of the Income Tax Act (Canada).
(2) A
registered owner of land may by way of agreement grant to a qualified
organization a conservation easement in respect of all or part of the land for
one or more of the following purposes:
(a) the
protection, conservation and enhancement of the environment, including, without
limitation, the protection, conservation and enhancement of biological
diversity;
(b) the
protection, conservation and enhancement of natural scenic or esthetic values;
(c) providing
for any or all of the following uses of the land that are consistent with
purposes set out in clause (a) or (b):
(i) recreational use;
(ii) open space use;
(iii) environmental education use;
(iv) use for research and scientific studies of natural ecosystems.
(3) A
conservation easement may be enforced by
(a) the
grantee, or
(b) a
qualified organization, other than the grantee, that the grantor has designated
in writing as having the power to enforce the conservation easement,
or by both the grantee
and the qualified organization.
(4) A
grantor may not designate more than one qualified organization under subsection
(3)(b) at the same time.
(5) A
grantee may assign a conservation easement to another qualified organization.
(6) A
grantee who assigns a conservation easement shall forthwith notify the grantor
of that fact.
(7) An
agreement granting a conservation easement may be modified or terminated
(a) by
agreement between the grantor and the grantee, or
(b) by
order of the Minister, whether or not the Minister is a grantor or grantee, if
the Minister considers that it is in the public interest to modify or terminate
the agreement.
(8) A
conservation easement constitutes an interest in land in the grantee.
(9) A
conservation easement does not lapse by reason only of
(a) non‑enforcement
of it,
(b) the
use of the land that is the subject of the conservation easement for a purpose
that is inconsistent with the purposes of the conservation easement, or
(c) a change in the use of land that surrounds
or is adjacent to the land that is the subject of the conservation easement.
1996 c17 s4
Registration of
agreement
23(1) An agreement referred to in section 21 or 22
may be registered
(a) under
the Land Titles Act with the
Registrar of Land Titles, or
(b) under
the regulations under the Metis
Settlements Act with the Registrar of the Metis Settlements Land Registry.
(2) A
person intending to register an agreement referred to in section 22 shall give
prior notice of the registration in accordance with the regulations to
(a) the
Minister responsible for the Municipal
Government Act, where the land that is the subject of the conservation
easement is located in an improvement district,
(b) the
Special Areas Board, where the land that is the subject of the conservation
easement is located in a special area, or
(c) the
local authority of the municipality in which the land that is the subject of
the conservation easement is located, in any other case.
(3) When
an agreement referred to in section 21 or 22 is presented for registration, the
Registrar shall endorse a memorandum of the agreement on the certificate of
title to the land that is the subject of the agreement.
(4) If
an agreement referred to in section 21 or 22 is modified or is terminated, one
of the parties to the agreement, or the Minister in the case of a modification
or termination under section 22(7)(b), shall register a copy of the document
effecting the modification or termination with the appropriate Registrar, and
the Registrar shall endorse a memorandum on the certificate of title to the
land noting the modification or discharging the registration, as the case may
be.
(5) If an agreement referred to in section 21 or 22
expires, one of the parties to the agreement shall notify the appropriate
Registrar and the Registrar shall endorse a memorandum on the certificate of
title to the land discharging the registration.
1996 c17 s4
Effect of registration
24(1) An agreement referred to in section 21 that is
registered under section 23 and a conservation easement in an agreement that is
registered under section 23 run with the land and may be enforced whether they
are positive or negative in nature and notwithstanding that the person wishing
to enforce the agreement or conservation easement does not have an interest in any
land that would be accommodated or benefitted by the agreement or conservation
easement.
(2) Subject
to subsection (3), sections 21 to 23 apply notwithstanding section 48 of the Land Titles Act.
(3) A conservation easement granted under section
22 is deemed to be a condition or covenant for the purpose of section 48(4) and
(6) of the Land Titles Act.
1996 c17 s4
Designation of officials
25(1) The Minister may by order designate any person
as a Director for the purposes of all or part of this Act.
(2) The Minister may, with respect to
any Director, and a Director may, with respect to that Director personally,
designate any person as an acting Director to act in the Director’s place in
the event of the Director’s absence or inability to act.
(3) The Minister may by order designate
any person as an inspector or investigator for the purposes of this Act.
(4) A
designation under this section may direct that the authority conferred by the
designation is to be exercised subject to any terms and conditions that the
Minister or the Director prescribes in the designation, including limitations
on the scope of the designation.
RSA 2000 cE‑12
s25;2006 c15 s6
Powers of inspector
26 For the purposes of acting
under this Act, an inspector has, subject to any terms and conditions of the
inspector’s designation, all the powers and is subject to all the duties of an
investigator under sections 198(1)(a) to (e), (f)(i) and (ii) and (5), 201,
202, 203 and 208.
1992 cE‑13.3 s24
Local authority
inspectors and investigators
27(1) Each local authority shall designate a
sufficient number of inspectors and investigators to carry out the
administration of provisions of this Act that are transferred to it under
section 18.
(2) A local authority shall immediately advise the
Minister in writing of designations and changes to designations under
subsection (1).
1992 cE‑13.3 s25
Identification card
28 The Minister, in the case of
an inspector or investigator designated under section 25, and a local
authority, in the case of an inspector or investigator designated under section
27, shall furnish the inspector or investigator with an identification card
and, on entering any place, the inspector or investigator shall, on request,
produce the identification card and identify and explain the nature of the
powers or duties the inspector or investigator wishes to carry out.
1992 cE‑13.3 s26
Designation of approved
laboratories
29 The Minister may designate
laboratories as approved laboratories that may conduct laboratory analyses for
the purposes of this Act.
1992 cE‑13.3 s27
Environmental Protection
and Enhancement Fund
30(1) The Environmental Protection and Enhancement
Fund is hereby established.
(2) The
Environmental Protection and Enhancement Fund shall be used for the purposes of
environmental protection and enhancement and emergencies with respect to any
matter that is under the administration of the Minister.
(3) The
Environmental Protection and Enhancement Fund shall be held and administered by
the Minister in accordance with this Act, and the Minister shall maintain a
separate accounting record of the Fund.
(4) The
Minister shall make payments out of the Environmental Protection and
Enhancement Fund for the purposes of the Fund to the Department, another
Government department, a government of another jurisdiction, another regulated
fund within the meaning of the Financial
Administration Act or any person.
(5) The
following shall be paid into the Environmental Protection and Enhancement Fund:
(a) security
transferred under subsection (10);
(b) money
recovered by the Government in respect of the Government’s carrying out work or
taking emergency measures under this Act or any other enactment under the
administration of the Minister;
(c) money
advanced by the Minister from the General Revenue Fund under subsection (8);
(d) money
from a supply vote appropriated for the purposes of the Environmental
Protection and Enhancement Fund;
(e) payments
made by any person or the government of another jurisdiction for the purposes
of the Environmental Protection and Enhancement Fund;
(f) with
the approval of the Treasury Board, fees, levies, revenue, royalties,
penalties, charges, dues, rents or other sums received by the Government with
respect to any matter under the administration of the Minister;
(g) gifts,
donations, bequests and transfers to the Environmental Protection and
Enhancement Fund.
(6) The Minister may be a participant
under section 40 of the Financial Administration Act on behalf of the
Environmental Protection and Enhancement Fund.
(7) Investment
income earned on deposits of the Environmental Protection and Enhancement Fund
accrues to and forms part of the Environmental Protection and Enhancement Fund.
(8) The
Minister may advance from the General Revenue Fund to the Environmental
Protection and Enhancement Fund money required for the purposes of the
Environmental Protection and Enhancement Fund, but the amount of the advances
outstanding at any time shall not exceed $100 000 000.
(9) Interest
shall be paid on outstanding advances made under subsection (8) in the amounts,
at the times and in the manner specified by the Treasury Board, and that
interest forms part of the General Revenue Fund.
(10) The
Minister shall transfer to the Environmental Protection and Enhancement Fund
(a) security
from the Environmental Protection Security Fund that is forfeited in accordance
with the regulations, and
(b) security
that is forfeited under any other enactment under the administration of the
Minister and is specified in the regulations.
(11) If
at any time it appears to the Minister of Finance that there is money in the
Environmental Protection and Enhancement Fund that is not required for the
purposes of the Fund, the Minister of Finance, with the approval of the
Treasury Board, may transfer the money to the General Revenue Fund.
(12) Any outstanding advances to the Environmental
Protection and Enhancement Fund from the General Revenue Fund are reduced by a
transfer of money made under subsection (11).
RSA 2000 cE‑12
s30;2003 c2 s1(24);2004 c7 s19;
2006 c23 ss27,31
31 Repealed 2003 c2 s1(24).
Environmental Protection
Security Fund
32(1) The Surface Reclamation Fund is continued as
the Environmental Protection Security Fund.
(2) The
Environmental Protection Security Fund shall be held and administered by the
Minister in accordance with this Act, and the Minister shall maintain a
separate accounting record of the Fund.
(3) All security required to be deposited with the
Government in respect of an approval, a code of practice, a registration, a
certificate of qualification or a certificate of variance or under section
88.2, 97, 135, 174 or 189 or with respect to an approval or licence under the Water
Act shall be paid into the Environmental Protection Security Fund.
RSA 2000 cE‑12
s32;2003 c37 s3;2006 c23 s27
33 Repealed 2006 c23 s27.
Annual
report re Security Fund
34(1) The Minister shall, as soon as is practicable
after the end of each fiscal year, prepare a report regarding the operation of
the Environmental Protection Security Fund during the preceding fiscal year.
(2) A report prepared under subsection (1) shall be
placed by the Minister before the Legislative Assembly if it is then sitting
and, if not, within 15 days after the commencement of the next sitting.
1992 cE‑13.3 s32
Disclosure of
information
35(1) Subject to this section,
(a) the
following documents and information in the possession of the Department that
are provided to the Department in the administration of this Act must be
disclosed to the public in the form and manner provided for in the regulations:
(i) information in respect of a proposed activity that is provided to
the Department for the purposes of Part 2, Division 1 by a proponent within the
meaning of that Part;
(ii) documents and information in the register referred to in section
56;
(iii) information that is provided to the Department as part of the
application by
(A) an applicant for an approval, a registration
or a certificate of variance;
(B) the holder of an approval or registration,
in respect of an application to change an activity;
(C) the holder of an approval, in respect of an
application to amend a term or condition of, add a term or condition to or
delete a term or condition from the approval;
(iv) environmental and emission monitoring data, and the processing
information that is necessary to interpret that data, that is provided by an
approval holder or a registration holder or provided pursuant to a code of
practice;
(v) any reports or studies that are provided to the Department in
accordance with a term or condition of an approval or a code of practice;
(vi) any reports or studies that are provided to the Department and
are required by the regulations to be disclosed to the public under this
section;
(vii) statements of concern;
(viii) notices of appeal;
(b) the
following documents that are created by the Department in the administration of
this Act shall be disclosed to the public in the form and manner provided for
in the regulations:
(i) approvals and registrations;
(ii) certificates of qualification;
(iii) certificates of variance;
(iv) environmental and emission monitoring data and the processing
information that is necessary to interpret that data;
(v) reclamation certificates;
(vi) remediation certificates;
(vii) enforcement orders;
(viii) environmental protection orders.
(2) Subsection
(1)(a) applies only to documents and information provided to the Department on
or after September 1, 1993.
(3) The
Minister may disclose to the public in the form and manner provided for in the
regulations any other information in the possession of the Department that the
Minister considers should be public information.
(4) Where
information referred to in subsection (1) or (3) is provided to the Department
and relates to a trade secret, process or technique that the person submitting
the information keeps confidential, the person submitting the information may
make a request in writing to the Director that the information be kept
confidential and not be disclosed.
(5) Where
the Director receives a request for confidentiality under subsection (4), the
Director shall
(a) approve
the request and order that the information be kept confidential and not be
disclosed where the Director considers that the request is well founded, or
(b) refuse
the request where the Director considers that the request is not well founded.
(6) The
Director shall forthwith notify a person who makes a request for
confidentiality of the Director’s refusal of the request under subsection
(5)(b).
(7) Where
the Director is considering a request for confidentiality or approves a request
for confidentiality, no person involved in the administration of this Act may
disclose any of the information to which the request relates except
(a) to
any other person who is or has been involved in the administration of this Act
or of another law related to the protection of the environment, or to the
government of another jurisdiction or an agency of that government for the
purposes of administering a law related to the protection of the environment,
(b) to
the person who provided the information or any other person with the first
mentioned person’s consent, or
(c) as
required by any other law or by an order of a court.
(8) No
person to whom information is disclosed under subsection (7) may further
disclose the information or use the information for any purpose other than the
purpose for which it was disclosed to that person.
(9) Information relating to a matter that is the
subject of an investigation or proceeding under this Act may not be released
under subsection (1) or (3).
RSA 2000 cE‑12
s35;2003 c37 s4
Ministerial regulations
36 The Minister may make regulations
(a) providing
for the manner in which reports of advisory committees are to be made public;
(b) providing
for the payment of remuneration and expenses to members of advisory committees
and to experts;
(c) providing
for any other matter considered necessary to carry out the purposes of advisory
committees and experts;
(d) respecting
transfers of administration for the purpose of section 18;
(e) establishing
criteria to be applied by the Director in making any decision that the Director
is authorized to make under section 44, 45, 68, 69, 82 or 83;
(f) respecting
the manner of obtaining public input in the development of objectives referred
to in section 14 and the manner of making the objectives available to the
public;
(g) respecting
the establishment of management areas for the purposes of sections 13 and 14;
(h) respecting
access to information by the public;
(i) requiring
the holder of a registration to disclose to the public environmental and
emission monitoring data and the processing information that is necessary to
interpret that data, and providing for the form and manner in which that data
and information are to be disclosed to the public;
(j) respecting
the provision of reports and studies for the purposes of section 35(1)(a)(vi);
(k) establishing
fees for any information, documents, service or material provided in the course
of the administration of this Act and for the filing of any returns, reports or
other documents that are required or permitted to be filed under this Act;
(l) prescribing
forms for the purposes of this Act where the power to prescribe forms is not
otherwise specifically provided for;
(m) respecting
the time at which and the form and manner in which a notice under section 23
must be given;
(n) respecting the documents that must accompany
an agreement for registration under section 23 and respecting the form and
contents of those documents.
RSA 2000 cE‑12
s36;2006 c15 s7
Lieutenant Governor in
Council regulations
37(1) The
Lieutenant Governor in Council may make regulations
(a) adding
activities to or deleting activities from the Schedule of Activities;
(b) defining
“designated livestock operation” for the purpose of this Act;
(c) authorizing
and respecting the establishment of programs and other measures for the
purposes of section 13;
(c.1) respecting
emissions trading, including, without limitation, regulations
(i) respecting the establishment and administration of an emissions
trading registry;
(ii) respecting the duties and functions of an emissions trading
registry operator;
(iii) respecting the establishment of baseline emission rates;
(iv) respecting the establishment, operation and closing of emissions
trading accounts;
(v) respecting the establishment, use, transfer and cancellation of
emission credits;
(vi) respecting the verification and validation of emission credits;
(vii) respecting the collection of information and the use of
information and records kept in an emissions trading registry;
(viii) respecting, authorizing and prohibiting the disclosure of
information and records kept in an emissions trading registry;
(ix) respecting the records to be kept by persons participating in
emissions trading;
(x) respecting the contents and use of forms;
(d) respecting
the establishment or designation of delegated authorities;
(e) respecting
the delegation to one or more delegated authorities of
(i) any of the rights, powers or duties of an inspector, investigator
or Director under this Act, or
(ii) the performance of any of the Minister’s duties or functions, or
the exercise of any of the Minister’s powers, under this Act, other than a
power to make regulations and a power to delegate;
(f) authorizing
a delegated authority to make bylaws and respecting the subject‑matters
on which those bylaws may be made;
(g) authorizing
the Minister or a delegated authority to disclose
(i) information acquired in the course of or as a result of the
operations of the delegated authority,
(ii) information respecting the operations of the delegated authority,
or
(iii) information respecting the officers or employees of the delegated
authority;
(h) authorizing
a delegated authority to require persons or classes of persons specified in the
regulations to provide security to ensure the carrying out of their duties
under the regulations and bylaws and respecting the nature, amount and
forfeiture of that security;
(i) respecting,
in regard to the delegation of authority and with necessary modifications, any
matter in respect of which the Lieutenant Governor in Council may make
regulations under section 2 of Schedule 10 to the Government Organization Act in regard to a delegation under that
Schedule;
(j) making
applicable in regard to the delegation any of the other provisions of Schedule
10 to the Government Organization Act,
with necessary modifications;
(k) respecting
the administration of the Environmental Protection Security Fund;
(l) specifying
security to which section 30(10)(b) applies.
(2) The Emissions Trading Regulation
(AR 33/2006) is validated as of the date it came into force.
RSA 2000 cE‑12
s37;2006 c15 s8
Adoption by reference
38(1) A regulation under this Act may adopt or
incorporate in whole or in part, or with modifications, documents that set out
standards, practices, codes, guidelines, objectives, methods or other rules of
any government, organization or person, including, without limitation, any standards,
practices, codes of practice, guidelines, objectives or methods developed by
the Minister under section 14, as they read at a particular time or as amended
or replaced from time to time, relating to any matter in respect of which a
regulation may be made under this Act.
(2) Subsection
(1) applies to any standard, practice, code, guideline, objective, method or
other rule that has been adopted or incorporated into a regulation before or
after this section comes into force.
(3) Where a standard, practice, code, guideline,
objective, method or other rule is adopted or incorporated by regulation under
this Act, the Minister shall ensure a copy of the standard, practice, code,
guideline, objective, method or other rule is made available to a person on request.
RSA 2000 cE‑12
s38;2006 c15 s9
Part 2
Environmental Assessment Process, Approvals and Registrations
Definitions
39 In this Part,
(a) “environmental
assessment process” means the procedure established under Division 1 for
reviewing proposed activities;
(b) “environmental
impact assessment report” means an environmental impact assessment report
required to be prepared under this Part;
(c) “mandatory
activity” means an activity designated as a mandatory activity under the
regulations;
(d) “proponent”
means a person, the Government, a Government agency, the government of another
jurisdiction or an agency of that government that undertakes a proposed
activity;
(e) “proposed
activity” means
(i) an activity that has not been commenced,
(ii) an activity that is being carried on and for which an approval or
registration, other than a renewal, is required but has not been obtained,
(iii) a change to an activity where the change is one to which section
67(1) applies and, in the Director’s opinion, is of a substantial nature, and
(iv) in the case of an activity that is the
subject of an approval or registration and is carried out in stages, those
stages of the activity that are not yet covered by the approval or
registration.
1992 cE‑13.3
s37;1994 c15 s17;1996 c17 s55
Division 1
Environmental Assessment Process
Purpose of environmental
assessment process
40 The purpose of the environmental
assessment process is
(a) to
support the goals of environmental protection and sustainable development,
(b) to
integrate environmental protection and economic decisions at the earliest
stages of planning an activity,
(c) to
predict the environmental, social, economic and cultural consequences of a
proposed activity and to assess plans to mitigate any adverse impacts resulting
from the proposed activity, and
(d) to provide for the involvement of the
public, proponents, the Government and Government agencies in the review of
proposed activities.
1992 cE‑13.3
s38;1994 c15 s18
Any Director may require
assessment
41 Where any Director is of the
opinion that the potential environmental impacts of a proposed activity warrant
further consideration under the environmental assessment process, that Director
may refer the proponent or the proposed activity to the Director who is
designated for the purposes of sections 43 to 56 so that the proposed activity
may be dealt with under section 44.
1992 cE‑13.3 s39
Definition
42 In sections 43 to 56,
“Director” means the Director who is designated for the purposes of those
sections.
1992 cE‑13.3 s40
Director’s power to require environmental assessment
43 Where the Director is of the
opinion that the potential environmental impacts of a proposed activity warrant
further consideration under the environmental assessment process, the Director
may by notice in writing to the proponent advise the proponent that the
proposed activity must be dealt with under section 44.
1992 cE‑13.3 s41
Initial review by
Director
44(1) Where a proponent or a proposed activity is
referred to the Director under section 41, where the Director gives a notice
under section 43 or where a proponent on the proponent’s own initiative
consults with the Director in respect of the application of this Division to a
proposed activity, the Director shall,
(a) if
the proposed activity is a mandatory activity, direct the proponent by order in
writing to prepare and submit an environmental impact assessment report in
accordance with this Division, or
(b) if
the proposed activity is not a mandatory activity,
(i) make a decision that the potential environmental impacts of the
proposed activity warrant further consideration under the environmental
assessment process and require that further assessment of the proposed activity
be undertaken, or
(ii) make a decision that further assessment of the proposed activity
is not required and, if it is an activity for which an approval or registration
is required, advise the proponent that it may apply for the approval or
registration.
(2) The
Director may require a proponent to submit a disclosure document in the form
and containing the information required by the Director to assist the Director
in making a decision under subsection (1)(b).
(3) In
making a decision under subsection (1)(b), the Director shall consider the
following:
(a) the
location, size and nature of the proposed activity;
(b) the
complexity of the proposed activity and the technology to be employed in it;
(c) any
concerns in respect of the proposed activity that have been expressed by the
public of which the Director is aware;
(d) the
presence of other similar activities in the same general area;
(e) any
other criteria established in the regulations;
(f) any
other factors the Director considers to be relevant.
(4) The
Director shall notify the proponent
(a) in
writing of a decision made under subsection (1)(b)(i), and
(b) orally
or in writing of a decision made under subsection (1)(b)(ii).
(5) The
proponent shall provide notice of a decision of the Director under subsection
(1)(b)(i) in accordance with the regulations.
(6) Any person who is directly affected by a
proposed activity that is the subject of a decision of the Director under
subsection (1)(b)(i) may, within 30 days after the last notice under subsection
(5) or within any longer period allowed by the Director in the notice, submit a
written statement of concern to the Director setting out the person’s concerns
with respect to the proposed activity.
1992 cE‑13.3
s42;1994 c15 s19;1996 c17 s55
Whether environmental
impact assessment report required
45(1) Where the Director decides under section
44(1)(b)(i) that further assessment of a proposed activity is required, the
Director shall, in accordance with the regulations,
(a) prepare
a screening report regarding the need for the preparation of an environmental
impact assessment report, and
(b) decide
whether preparation of an environmental impact assessment report is required.
(2) The
Director shall make the screening report available in accordance with the
regulations.
(3) Where
the Director decides under subsection (1) that preparation of an environmental
impact assessment report is not required, the Director
(a) shall
advise the proponent of that fact,
(b) if
the activity is one for which an approval or registration is required, shall
advise the proponent that it may apply for the approval or registration, and
(c) may
refer any information on the potential environmental impacts of the proposed
activity to the Director responsible for issuing the approval or registration.
(4) Where
the Director decides under subsection (1) that preparation of an environmental
impact assessment report is required, the Director shall by order in writing
direct the proponent to prepare and submit the report in accordance with this
Division.
(5) The Director shall provide notice of the
Director’s decision regarding preparation of an environmental impact assessment
report under subsection (1)(b) in accordance with the regulations.
1992 cE‑13.3
s43;1994 c15 s20;1996 c17 s55
Effect of statement of
concern
46 The Director shall, in
accordance with the regulations, give due consideration to all statements of
concern that have been submitted and shall not make a decision under section
45(1)(b) until the applicable period referred to in section 44(6) has expired.
1992 cE‑13.3 s44
Minister may order
environmental impact assessment report
47 If the Minister is of the opinion that an
environmental impact assessment report is necessary because of the nature of a
proposed activity, the Minister may by order in writing direct the proponent to
prepare and submit the report in accordance with this Division, notwithstanding
that
(a) the
Director has not ordered an environmental impact assessment report, or
(b) the proposed activity is the subject of an
exemption under regulations under section 59(b).
1992 cE‑13.3 s45
Terms of reference
48(1) Where a proponent is required to prepare an
environmental impact assessment report, the proponent shall prepare proposed
terms of reference for the preparation of the report in accordance with requirements
specified by the Director and shall submit the proposed terms of reference to
the Director.
(2) The
proponent shall provide notice of the proposed terms of reference and make them
available in accordance with the regulations.
(3) After
allowing what the Director considers to be a reasonable time for the receipt of
comments in respect of the proposed terms of reference, and after giving due
consideration to those comments, the Director shall issue final terms of
reference for the preparation of the report to the proponent.
(4) The Director shall make the final terms of
reference available in accordance with the regulations.
1992 cE‑13.3 s46
Contents of
environmental impact assessment report
49 An environmental impact assessment report
must be prepared in accordance with the final terms of reference issued by the
Director under section 48(3) and shall include the following information unless
the Director provides otherwise:
(a) a
description of the proposed activity and an analysis of the need for the
activity;
(b) an
analysis of the site selection procedure for the proposed activity, including a
statement of the reasons why the proposed site was chosen and a consideration
of alternative sites;
(c) an
identification of existing baseline environmental conditions and areas of major
concern that should be considered;
(d) a
description of potential positive and negative environmental, social, economic
and cultural impacts of the proposed activity, including cumulative, regional,
temporal and spatial considerations;
(e) an
analysis of the significance of the potential impacts identified under clause
(d);
(f) the
plans that have been or will be developed to mitigate the potential negative
impacts identified under clause (d);
(g) an
identification of issues related to human health that should be considered;
(h) a
consideration of the alternatives to the proposed activity, including the
alternative of not proceeding with the proposed activity;
(i) the
plans that have been or will be developed to monitor environmental impacts that
are predicted to occur and the plans that have been or will be developed to
monitor proposed mitigation measures;
(j) the
contingency plans that have been or will be developed in order to respond to
unpredicted negative impacts;
(k) the
plans that have been or will be developed for waste minimization and recycling;
(l) the
manner in which the proponent intends to implement a program of public
consultation in respect of the undertaking of the proposed activity and to present
the results of that program;
(m) the
plans that have been or will be developed to minimize the production or the
release into the environment of substances that may have an adverse effect;
(n) the
final terms of reference issued by the Director under section 48(3);
(o) any other information that the Director
considers necessary to assess the proposed activity.
1992 cE‑13.3 s47
Submission of report
50 The proponent shall submit the
environmental impact assessment report to the Director for review.
1992 cE‑13.3 s48
Provision of further
information
51 The Director may, at any time
after receipt of an environmental impact assessment report under section 50,
require the proponent to submit to the Director any additional information
respecting the proposed activity that the Director considers necessary for the
review of the proposed activity.
1992 cE‑13.3 s49
Publication of
environmental impact assessment report
52 The Director shall require the
proponent to publish the environmental impact assessment report and otherwise
make it available in accordance with the regulations.
1992 cE‑13.3 s50
Powers of Director
53 Where in the opinion of the Director an
environmental impact assessment report is complete, the Director shall
(a) advise
the Energy Resources Conservation Board or the Alberta Utilities Commission, as the case may
be, that the report is complete, in
a case where the proposed activity is one in respect of which the approval of
the Energy Resources Conservation Board or the Alberta Utilities Commission, as the case may
be, is required,
(b) advise
the Natural Resources Conservation Board that the report is complete, in a case
where the proposed activity is a reviewable project within the meaning of the Natural Resources Conservation Board Act,
or
(c) in any other case, submit the environmental
impact assessment report to the Minister together with any further information
and any recommendations that the Director considers appropriate.
RSA 2000 cE‑12
s53;2007 cA‑37.2 s82(6)
Powers of Minister
54(1) Subject to section 64(1), where the Director
submits an environmental assessment report to the Minister and the proposed
activity is one in respect of which
(a) an
approval or registration, or an amendment to an approval or registration, or
(b) an
approval or licence or an amendment to an approval or licence under the Water Act
is required, the
Minister may advise the proponent that the proponent may apply for the
appropriate approval, registration, licence or amendment.
(2) Notwithstanding anything in this Act, the
Minister may refer a proposed activity to the Lieutenant Governor in Council
with the recommendation that the Lieutenant Governor in Council make an order
prescribing the proposed activity as a reviewable project within the meaning of
the Natural Resources Conservation Board
Act.
1992 cE‑13.3
s52;1996 cW‑3.5 s175;1996 c17 s55
Additional powers of
Minister
55 Where the Director submits an
environmental impact assessment report to the Minister, the Minister may make
any recommendations in respect of the proposed activity that the Minister
considers necessary to any person, the Government, a Government agency, a
government of another jurisdiction or an agency of that government that may be
dealing with the proposed activity.
1992 cE‑13.3 s53;1994
c15 s21
Register of
environmental assessment information
56 The Director shall establish
and maintain in accordance with the regulations a register containing any
documents and other information that the regulations require that are provided
to the Director or created or issued by the Director under this Division.
1992 cE‑13.3 s54
Inter-jurisdictional
agreements re environmental assessment
57 Where an enactment of Canada or of
another province or territory contains provisions that operate for substantially
the same purpose as corresponding provisions of this Division, the Minister
may, with respect to a proposed activity that is governed in part by the laws
of Alberta and in part by the laws of Canada or the other province or
territory, enter into an agreement or arrangement with any Minister or agency
of the Government of Canada or of the other province or territory for any or
all of the following purposes:
(a) to
determine what aspects of the activity are governed by the laws of both
jurisdictions;
(b) to
provide for the carrying out jointly by both jurisdictions of
(i) the environmental assessment process, or any part of it, for the
purposes of this Division, or
(ii) the provisions in any enactment of the other jurisdiction that
operate for substantially the same purpose as this Division;
(c) to
provide for the adoption by one or both jurisdictions, for the purposes of
their environmental assessment requirements, of
(i) all or part of the environmental assessment or review process of
the other jurisdiction, and
(ii) reports and similar documents prepared by or
under the authority of the laws of the other jurisdiction as part of the
environmental assessment or review process of that jurisdiction.
1992 cE‑13.3 s55
Ministerial regulations
58 The Minister may make regulations
(a) respecting
the establishment and maintenance of a register for the purposes of section 56;
(b) establishing
procedures governing the environmental assessment process;
(c) varying
the application of this Division as necessary in a case where an agreement or
arrangement is entered into under section 57;
(d) establishing
mechanisms and procedures
(i) for the publishing, providing or making available of anything
required to be published, provided or made available under this Division, and
(ii) for the providing of any notice required to be provided under
this Division;
(e) respecting
the preparation of screening reports for the purposes of section 45;
(f) respecting
the form and content of environmental impact assessment reports;
(g) respecting
the form and content of orders under sections 45(4) and 47;
(h) respecting
proposed and final terms of reference for the purposes of section 48;
(i) respecting the submission of and handling of
statements of concern.
1992 cE‑13.3
s56;1994 c15 s22
Lieutenant Governor in
Council regulations
59 The Lieutenant Governor in Council may
make regulations
(a) designating
mandatory activities;
(b) exempting proposed activities or classes of
proposed activities from the application of the environmental assessment
process.
1992 cE‑13.3 s57
Division 2
Approvals, Registrations
and Certificates
Prohibition
60 No person shall knowingly
commence or continue any activity that is designated by the regulations as
requiring an approval or registration or that is redesignated under section
66.1 as requiring an approval unless that person holds the required approval or
registration.
RSA 2000 cE‑12
s60;2003 c37 s5
Prohibition
61 No person shall commence or
continue any activity that is designated by the regulations as requiring an
approval or registration or that is redesignated under section 66.1 as
requiring an approval unless that person holds the required approval or
registration.
RSA 2000 cE‑12
s61;2003 c37 s6
Exception
62 Nothing in section 60 or 61
prohibits the doing of any work that is specified in the regulations as being
work that is permitted to enable a proponent to comply with Division 1.
1992 cE‑13.3 s60
Compliance with other
requirements
63 Unless the regulations provide
otherwise, the Director may not issue an approval or registration unless the
Director is of the opinion that Division 1, if applicable, has been complied
with.
1992 cE‑13.3
s61;1994 c15 s25;1996 c17 s55
No approval or
registration on Minister’s order
64(1) Where the Minister is of the opinion that a
proposed activity should not proceed because it is not in the public interest
having regard to the purposes of this Act, the Minister may at any time by
notice in writing to the proponent, with a copy to the Director, order that no
approval or registration be issued in respect of the proposed activity.
(2) Where the Minister has made an order under
subsection (1) in respect of a proposed activity, the Director may not issue an
approval or registration in respect of that proposed activity.
1992 cE‑13.3
s62;1996 c17 s55
Refusal for unpaid debts
65 The Director may refuse to
issue an approval or registration where the applicant is indebted to the
Government.
1998 c15 s7
Application for approval
or registration
66(1) An application for an approval or registration
must be made in the manner provided for in the regulations and must contain and
be accompanied with the information required by the regulations.
(2) The Director may require an applicant for an
approval or registration to submit any additional information that the Director
considers necessary.
1992 cE‑13.3
s63;1996 c17 s55
Director’s discretion
66.1(1) Where
(a) an
application has been made for registration relating to an activity that is
designated in the regulations as an activity in respect of which registration
is required, and
(b) the
Director is of the opinion that an approval is necessary to address
environmental protection in respect of the activity,
the Director may by
notice in writing to the applicant
(c) redesignate
the activity as an activity in respect of which an approval is required
notwithstanding the regulations, and
(d) deem
the application to be an application for an approval.
(2) Where
(a) a
notice has been given under section 87 or 88 relating to an activity that is
designated in the regulations as an activity in respect of which notice to the
Director under Part 3 must be given, and
(b) the
Director is of the opinion that an approval is necessary to address
environmental protection in respect of the activity,
the Director may by
notice in writing to the person giving the notice
(c) redesignate
the activity as an activity in respect of which an approval is required
notwithstanding the regulations, and
(d) deem
the notice to be an application for an approval.
2003 c37 s7
Changes requiring
approval
67(1) No person shall, with respect to an activity
that is the subject of an approval, make any change to
(a) the
activity,
(b) the
manner in which the activity is carried on, or
(c) any
machinery, equipment or process that is related to the carrying on of the
activity
unless an approval or
an amendment to an approval authorizing the change is issued by the Director.
(2) A
person who wishes to make a change under subsection (1) shall apply to the
Director in accordance with the regulations.
(3) This section does not apply to
(a) adjustments,
repairs, replacements or maintenance made in the normal course of operations,
(b) changes
that do not result in an increase in the release of a substance into the
environment,
(c) short‑term
testing or temporary modifications to machinery, equipment or processes that do
not cause an adverse effect,
(d) changes
in the type of equipment used in the conservation or reclamation of specified
land, or
(e) minor changes to conservation and
reclamation plans that do not contravene the purpose or intent of the approval.
RSA 2000 cE‑12
s67;2003 c37 s8
Issue of approval or
registration
68(1) The Director may issue or refuse to issue an
approval or registration.
(2) The
Director may issue an approval subject to any terms and conditions the Director
considers appropriate.
(3) The
terms and conditions of an approval may be more stringent, but may not be less
stringent, than applicable terms and conditions provided for in the
regulations.
(4) In
making a decision under this section, the Director
(a) shall,
in addition to any criteria that the Director is required by the regulations to
consider, consider any applicable written decision of the Energy Resources
Conservation Board, the Alberta
Utilities Commission, the Board, as defined in the Agricultural Operation Practices Act,
under Part 2 of that Act or the
Natural Resources Conservation Board in respect of the subject‑matter of
the approval or registration, and
(b) may
consider any evidence that was before the Energy Resources Conservation Board, the Alberta Utilities Commission, the Board, as defined
in the Agricultural Operation Practices Act, under Part 2 of that Act or the Natural Resources Conservation Board in
relation to that written decision.
(5) The Director may issue an approval or
registration for a specified period.
RSA 2000 cE‑12
s68;2001 c16 s6;2007 cA‑37.2 s82(6)
Extension of expiry date
of approval
69(1) The Director may extend the expiry date, if
any, of an approval or registration for one or more periods of not more than
one year each.
(2) The
2nd extension and any subsequent extensions of an approval under subsection (1)
(a) may
be made only where the Director is of the opinion that the extension is
necessary to allow for the effective public review of the renewal of the
approval, and
(b) are, for the purposes of the provisions of
this Division that require the giving of notice and for the purposes of Part 4,
to be treated as if they were amendments of a term or condition of the approval
made under the authority of section 70(3)(a).
1992 cE‑13.3
s66;1996 c17 s9
Amendment, suspension
and cancellation of
approval or registration
70(1) On application by an approval or registration
holder, the Director may, in accordance with the regulations,
(a) amend
a term or condition of, add a term or condition to or delete a term or
condition from an approval, or
(b) cancel
an approval or registration,
if the Director
considers it appropriate to do so.
(2) An
application under subsection (1) must be made in the manner provided for in the
regulations.
(3) If
the Director considers it appropriate to do so, the Director may on the
Director’s own initiative in accordance with the regulations
(a) amend
a term or condition of, add a term or condition to or delete a term or
condition from an approval
(i) if in the Director’s opinion an adverse effect that was not
reasonably foreseeable at the time the approval was issued has occurred, is
occurring or may occur,
(ii) if the term or condition relates to a monitoring or reporting
requirement,
(iii) where the purpose of the amendment, addition or deletion is to
address matters related to a temporary suspension of the activity by the
approval holder, or
(iv) where the approval is transferred, sold, leased, assigned or
otherwise disposed of under section 75,
(b) cancel
or suspend an approval or registration, or
(c) correct
a clerical error in an approval or registration.
(4) Without limitation to subsection (3)(b), the Director may
cancel or suspend an approval or registration if the approval or registration
holder is indebted to the Crown.
RSA 2000 cE‑12
s70;2002 c4 s1
Director’s power to modify
71 Where the Director
(a) issues
an approval or registration, or
(b) amends
a term or condition of, adds a term or condition to or deletes a term or
condition from an approval,
the Director may do so as originally contemplated in the
application or proposal or with modifications.
1992 cE‑13.3
s68;1996 c17 s55
Notice of applications
and proposed changes
72(1) Where the Director receives
(a) an
application for an approval under section 66,
(a.1) an
application for registration under section 66 or a notice under section 87 or
88 and the Director has given notice under section 66.1 that the application or
notice is deemed to be an application for an approval,
(b) an
application under section 67(2) in respect of a change to an activity, or
(c) an
application under section 70(1)(a) to amend a term or condition of, add a term or condition to or delete a term
or condition from an approval,
the Director shall, in
accordance with the regulations, provide or require the applicant to provide
notice of the application.
(2) Where
the Director proposes to make an amendment, addition or deletion pursuant to
section 70(3)(a), the Director shall provide notice to that effect in
accordance with the regulations.
(3) Notwithstanding
subsection (1) or (2), where the Director is satisfied that
(a) there
is an emergency,
(b) the
activity to which the application relates or the proposed amendment, addition,
deletion or change is a routine matter within the meaning of the regulations,
or
(c) adequate
notice of the subject‑matter of the application or the proposed
amendment, addition, deletion or change has already been given,
the Director may waive
the notice requirements set out in subsections (1) and (2).
(4) The Director may waive notice in accordance
with subsection (3)(c) notwithstanding that some or all of the adequate notice
referred to in that subsection was given before September 1, 1993.
RSA 2000 cE‑12
s72;2003 c37 s9
Statement of concern
73(1) Where notice is provided under section 72(1) or
(2), any person who is directly affected by the application or the proposed amendment,
addition, deletion or change, including the approval holder in a case referred
to in section 72(2), may submit to the Director a written statement of concern
setting out that person’s concerns with respect to the application or the
proposed amendment, addition, deletion or change.
(2) A statement of concern must be submitted within
30 days after the last providing of the notice or within any longer period
specified by the Director in the notice.
1992 cE‑13.3
s70;1994 c15 s28
Notice of decision taken
74(1) Where the Director
(a) issues
an approval,
(b) makes
an amendment, addition or deletion pursuant to an application under section
70(1)(a), or
(c) makes
an amendment, addition or deletion pursuant to section 70(3)(a),
the Director shall do
either of the things referred to in subsection (2).
(2) If
subsection (1) applies, the Director shall,
(a) where
no notice of the application or proposed changes was provided by reason of the
operation of section 72(3), provide or require the provision of notice of the
decision in accordance with the regulations, or
(b) where
notice of the application or proposed changes was provided under section 72(1)
or (2), provide notice or require the provision of notice of the decision in
accordance with the regulations to every person who submitted a statement of
concern in accordance with section 73.
(3) The
Director shall give to the applicant or the approval holder, as the case may
be, written notice of any decision made by the Director to issue or refuse to
issue an approval or to make or refuse to make an amendment, addition or
deletion under this Division.
(4) The
Director shall, in accordance with the regulations, provide to any person who
submitted a statement of concern in accordance with section 73 notice of any
decision made by the Director to refuse to issue an approval or to refuse to
make an amendment, addition or deletion under this Division.
(5) In
addition to providing notice of a decision under subsection (2)(b) or (4), the
Director may provide notice of the decision to any other person the Director
considers appropriate.
(6) The
Director shall immediately on cancelling or suspending an approval under
section 70(3)(b) or (4)
(a) give
notice in writing of the cancellation or suspension to the approval holder, and
(b) provide notice of the cancellation or
suspension in the manner provided for in the regulations.
RSA 2000 cE‑12
s74;2002 c4 s1
Transfer of approval or
registration
75(1) No person shall transfer, sell, lease, assign
or otherwise dispose of an approval or registration except in accordance with
the regulations.
(2) The Director may impose any terms and
conditions that the Director considers appropriate in respect of the transfer,
sale, lease, assignment or other disposition of an approval or registration.
1992 cE‑13.3
s72;1996 c17 s55
New information
76 An approval or registration
holder shall forthwith submit to the Director any new and relevant information
respecting any actual or potential adverse effect that results from the
activity to which the approval or registration relates and comes to the
approval or registration holder’s attention after the issuance of the approval
or registration.
1992 cE‑13.3
s73;1996 c17 s55
Certificate of variance
77(1) An approval or registration holder and any
other person who is engaged in any activity that is governed by the regulations
may apply to the Minister for a certificate of variance to vary a term or
condition of the approval or a requirement of the regulations.
(2) An application for a certificate of variance
shall be accompanied with information that shows the nature and extent of all
consultations that the applicant has had with persons who will be directly
affected by the proposed variance.
1992 cE‑13.3
s74;1996 c17 s11
Issuance of certificate
of variance
78(1) The Minister may issue a certificate of
variance if the Minister is of the opinion that
(a) the
activity to which the certificate relates is operating or is likely to operate
in contravention of a term or condition of the approval or a requirement of the
regulations as a result of factors beyond the control of the applicant,
(b) the
proposed variance is not likely to cause a significant adverse effect, and
(c) refusal
to grant a certificate of variance would result in serious economic hardship to
the applicant without an offsetting benefit to others.
(2) The
Minister may
(a) impose
any terms and conditions that the Minister considers appropriate with respect
to any certificate of variance,
(b) specify
requirements as to the manner in which the activity to which the certificate of
variance relates is to be carried on or operated, and
(c) amend
a term or condition of, add a term or condition to or delete a term or
condition from a certificate of variance.
(3) The
Minister shall require the holder of the certificate of variance to provide
notice of the issuance of the certificate, together with the reasons for the
issuance of the certificate, in the form and manner directed by the Minister.
(4) A
certificate of variance is in effect only during the period prescribed in it
and, notwithstanding anything in this Act, during that period
(a) the
terms and conditions set out in the certificate, and
(b) the
terms and conditions of the approval or the requirements of the regulations
that are not varied by the certificate
apply to the activity to which the certificate relates.
1992 cE‑13.3 s75
Certificate of
qualification required
79 No person shall commence or
continue any activity or the use of any thing that is designated by the regulations
as an activity or thing in respect of which a certificate of qualification is
required, unless that person holds the appropriate certificate of
qualification.
1992 cE‑13.3 s76
Issuance of certificate
of qualification
80(1) A certificate of qualification may be issued by
(a) the
Director, or
(b) the
authorized representative of an organization designated under subsection (2).
(2) The Director may designate organizations that
are qualified to issue the kinds of certificates of qualification set out in
the designation.
1996 c17 s12
Application for
certificate of qualification
81(1) An application for a certificate of
qualification must be made to the Director or the authorized representative of
a designated organization in accordance with the regulations.
(2) The Director or authorized representative may
require an applicant to submit any additional information the Director or
authorized representative considers necessary.
1992 cE‑13.3
s77;1996 c17 s13
Issuance of certificate
of qualification
82(1) The Director or the authorized representative
of a designated organization may issue or refuse to issue a certificate of
qualification in accordance with the regulations.
(2) The
Director may issue a certificate of qualification subject to any terms and conditions
the Director considers appropriate.
(3) The
terms and conditions of a certificate of qualification may be more stringent,
but may not be less stringent, than applicable terms and conditions provided
for in the regulations.
(4) A certificate of qualification is valid for the
term prescribed in the regulations.
1992 cE‑13.3
s78;1996 c17 s14
Amendment and
cancellation
83(1) The Director may, in accordance with the
regulations,
(a) amend
a term or condition of, add a term or condition to or delete a term or
condition from a certificate of qualification if the Director considers it
appropriate to do so,
(b) cancel
or suspend a certificate of qualification if the Director considers it
appropriate to do so,
(c) correct
a clerical error in a certificate of qualification, or
(d) cancel
a certificate of qualification on application of the holder of the certificate
of qualification.
(2) The
Director may exercise a power under subsection (1) notwithstanding the fact
that the certificate of qualification may have been issued by the authorized
representative of a designated organization.
(3) The Director shall give notice in writing to
the holder of a certificate of qualification at least 30 days in advance of
making an amendment, addition or deletion under subsection (1)(a).
1992 cE‑13.3
s79;1996 c17 s15
Compliance with code of
practice
83.1 No person shall commence or continue any
activity that is
(a) designated
by the regulations as requiring a registration, and
(b) governed
by a code of practice
except in accordance
with that code of practice.
2003 c37 s10
Security
84(1) If required by the regulations, an applicant
for or a holder of an approval, a registration, a remediation certificate, a
certificate of qualification or a certificate of variance shall provide
financial or other security and carry insurance in respect of the activity or
thing to which the approval, registration, remediation certificate, certificate
of qualification or certificate of variance relates.
(2) Subsection (1) does not apply to the Government
or a Government agency.
1992 cE‑13.3
s80;1996 c17 s16
Ministerial regulations
85(1) The Minister may make regulations
(a) designating
activities or classes of activities in respect of which an approval or
registration is required, respecting the circumstances under which an approval
or registration is required and the persons or classes of persons who are
required to obtain an approval or registration and specifying the kind of
approval or registration that is required;
(b) exempting
any activities or classes of activities related to storing and processing
designated material from all or any of the provisions of this Part or of the
regulations, for a period of time or permanently, with or without conditions;
(c) designating
activities or things or classes of activities or things in respect of which a
certificate of qualification is required, respecting the circumstances under
which a certificate of qualification is required and the persons or classes of
persons who are required to obtain a certificate of qualification and
specifying the kind of certificate of qualification that is required;
(d) respecting
the procedure for the submission of applications for approvals, registrations
and certificates of qualification and amendments to approvals, registrations
and certificates of qualification, the form and content of the applications,
the conditions required to be met by applicants and the kinds of plans and
specifications that must accompany applications;
(e) providing
for the acceptance of certificates and qualifications from other jurisdictions
as certificates of qualification for the purposes of this Act;
(f) establishing
the administrative and referral procedures by which applications for approvals,
registrations and certificates of qualification and amendments to approvals,
registrations and certificates of qualification may be dealt with;
(g) specifying
requirements as to the manner in which an activity that is the subject of an
approval or registration is to be tested or operated before normal operations
commence;
(h) specifying
work that is permitted for the purposes of section 62;
(i) respecting
the transfer, sale, lease, assignment or other disposition of approvals and
registrations;
(j) requiring
operators of equipment that may have an impact on the environment to meet
specified eligibility requirements as to training or experience or both;
(k) respecting
the taking of samples of any thing and regulating the frequency, methods and
procedures in respect of the sampling;
(l) respecting
the submission of reports and returns in respect of activities;
(m) respecting
the records to be kept in respect of an activity, the form of them and the
person by whom, the place at which and the length of time for which they are to
be kept;
(n) requiring
the submission of records to the Director and providing for the inspection of
records by the Director;
(o) defining
“oil production site” for the purposes of this Act.
(2) A
regulation may be made under subsection (1)(j), (k), (l), (m) or (n) whether or
not it relates to an activity in respect of which an approval or registration
is required.
(3) Where an activity or class of
activities has been designated under subsection (1)(a) as requiring an approval
and the designation is later amended so that a registration is required, the
Minister may make regulations
(a) deeming
the approval to be a registration;
(b) respecting
the date on which the code of practice or portion of the code of practice
governing that activity or class of activities is to take effect;
(c) to
continue any terms and conditions of the approval until the date referred to in
clause (b);
(d) providing
that the expiry date of the approval no longer applies;
(e) providing for any other matter that the
Minister considers necessary to facilitate the transition from an approval to a
registration and a code of practice.
RSA 2000 cE‑12
s85;2003 c37 s11
Lieutenant Governor in
Council regulations
86(1) The Lieutenant Governor in Council may make
regulations
(a) respecting
the terms and conditions on which approvals and certificates of qualification
may be granted and to which they are subject;
(b) prescribing
the length of time for which approvals, registrations and certificates of
qualification may be issued and permitting the Director to issue an approval,
registration or certificate of qualification or the authorized representative
of a designated organization to issue a certificate of qualification for a
shorter period of time than prescribed in the regulations;
(c) respecting
the form and amount of financial or other security to be given and insurance to
be carried by an applicant for or a holder of an approval, a registration, a
remediation certificate, a certificate of qualification or a certificate of
variance;
(d) respecting
the manner in which and the conditions under which any security given by an
approval or registration holder or the holder of a remediation certificate, a
certificate of qualification or a certificate of variance may be forfeited or
returned, in whole or in part;
(e) governing
and prohibiting any activity or the use of any thing for the purposes of the
protection of the environment, including regulations governing the design,
construction, maintenance or use of the activity or thing;
(f) governing
and prohibiting the manufacture, sale or use of any equipment, device or
service designed or provided for any purpose related to the protection of the
environment;
(g) respecting
the manner in which notice is to be provided under sections 72(1) and (2) and
74(3) and (6);
(h) establishing
or providing for the means of establishing what is a routine matter for the
purposes of section 72(3)(b);
(i) generally,
providing for any other matters necessary for the purposes of this Part.
(2) A regulation may be made under subsection
(1)(e), (f) or (i) whether or not it relates to an activity in respect of which
an approval is required.
1992 cE‑13.3
s82;1994 c15 s31;1996 c17 s17
Part 3
Activities Requiring Notice
Prohibition
87 No person shall knowingly
commence or continue any activity that is designated by the regulations as an
activity in respect of which notice must be given to the Director unless that
person gives notice to the Director, in the form and manner required by the
regulations, that that person is carrying on or intends to carry on the
activity.
1996 c17 s18
Prohibition
88 No person shall commence or
continue any activity that is designated by the regulations as an activity in
respect of which notice must be given to the Director unless that person gives
notice to the Director, in the form and manner required by the regulations,
that that person is carrying on or intends to carry on the activity.
1996 c17 s18
Compliance with code of
practice
88.1 No person shall commence or continue any
activity that is
(a) designated
by the regulations as an activity in respect of which notice must be given to
the Director, and
(b) governed
by a code of practice
except in accordance with that code of practice.
2003 c37 s12
Security
88.2(1) If
required by the regulations, a person who commences or continues an activity
that is governed by a code of practice shall
(a) provide
financial or other security, and
(b) carry
insurance
in respect of the
activity that is the subject of a code of practice.
(2) Subsection
(1) does not apply to the Government or a Government agency.
2003 c37 s12
Regulations
89(1) The
Minister may make regulations
(a) designating
activities or classes of activities in respect of which notice under sections
87 and 88 must be given and respecting the circumstances under which notice
must be given and the persons or classes of persons who are required to give
notice;
(b) respecting
the form and contents of a notice under sections 87 and 88 and the time at
which and manner in which it must be given.
(2) Where
an activity or class of activities has been designated under section 85(1)(a)
as requiring an approval or registration and the designation is later amended
so that notice under sections 87 and 88 is required, the Minister may make
regulations providing for any matter that the Minister considers necessary to
facilitate that transition.
RSA 2000 cE‑12
s89;2003 c37 s13
Part 4
Environmental Appeals Board
Environmental Appeals
Board established
90(1) There is hereby established the Environmental
Appeals Board consisting of persons appointed by the Lieutenant Governor in
Council.
(2) The
Board shall hear appeals as provided for in this Act or any other enactment.
(3) The
Board may convene a panel of Board members to conduct a hearing of an appeal
and appoint a person to chair the panel.
(4) Where a panel is convened, the panel has all
the powers of the Board and is subject to all the same duties the Board is
subject to, and a reference in this Act to the Board is to be read as a
reference to the panel.
RSA 2000 cE‑12
s90;2003 c42 s6
Notice of appeal
91(1) A notice of appeal may be submitted to the
Board by the following persons in the following circumstances:
(a) where
the Director issues an approval, makes an amendment, addition or deletion
pursuant to an application under section 70(1)(a) or makes an amendment,
addition or deletion pursuant to section 70(3)(a), a notice of appeal may be
submitted
(i) by the approval holder or by any person who previously submitted
a statement of concern in accordance with section 73 and is directly affected
by the Director’s decision, in a case where notice of the application or
proposed changes was provided under section 72(1) or (2), or
(ii) by the approval holder or by any person who is directly affected
by the Director’s decision, in a case where no notice of the application or
proposed changes was provided by reason of the operation of section 72(3);
(b) where
the Director refuses
(i) to issue an approval, or
(ii) to make an amendment, addition or deletion in respect of an
approval pursuant to an application under section 70(1)(a),
the applicant may submit a
notice of appeal;
(c) where
the Director cancels or suspends an approval under section 70(3)(b) or (4), the
approval holder may submit a notice of appeal;
(d) where
the Director cancels a certificate of qualification under section 83(1)(b), the
holder of the certificate of qualification may submit a notice of appeal;
(e) where
the Director issues an enforcement order under section 210(1)(a), (b) or (c),
the person to whom the order is directed may submit a notice of appeal;
(f) where
an inspector issues an environmental protection order regarding conservation
and reclamation under section 140 or 141, the person to whom the order is
directed may submit a notice of appeal;
(g) where
the Director issues an environmental protection order under section 129,
(i) the person to whom the order is directed, and
(ii) any person who is directly affected by the designation of the
contaminated site
may submit a notice of
appeal;
(h) where
the Director issues an environmental protection order, except an environmental
protection order directing the performance of emergency measures under section
114, 151 or 160 and an environmental
protection order referred to in clause (g), the person to whom the order is
directed may submit a notice of appeal;
(i) where
an inspector issues a reclamation certificate under section 138, or the
Director or an inspector amends a reclamation certificate under section 139, the
operator and any person who receives a copy of the certificate or amendment
under section 145 may submit a notice of appeal;
(j) where
the Director or an inspector cancels a reclamation certificate, the operator
may submit a notice of appeal;
(k) where
the Director or an inspector refuses to accept an application for a reclamation
certificate or an inspector refuses to issue a reclamation certificate, the
operator may submit a notice of appeal;
(l) where
the Director or an inspector issues, amends or cancels a remediation
certificate under section 117, any person who receives notice of the issuance,
amendment or cancellation as provided for in the regulations may submit a
notice of appeal;
(l.1) where
the Director or an inspector refuses to accept an application for a remediation
certificate or refuses to issue a remediation certificate under section 117,
any person who receives notice of the refusal as provided for in the
regulations may submit a notice of appeal;
(m) where
the Director designates an area as a contaminated site under section 125, any
person who is directly affected by the designation may submit a notice of
appeal;
(n) where
the Director requires a person to pay an administrative penalty under section
237, the person to whom the notice is directed may submit a notice of appeal;
(o) where
the Director refuses a request for confidentiality under section 35(5)(b), the
person to whom the notice is directed under section 35(6) may submit a notice
of appeal;
(p) persons
authorized under Part 9 of the Water Act,
in accordance with Part 9 of the Water
Act.
(2) Notwithstanding
subsection (1)(b), where the Director refuses to issue an approval pursuant to
an order of the Minister under section 64, no notice of appeal may be submitted
in respect of that refusal.
(3) Where
an activity prescribed in the regulations for the purposes of this subsection
is the subject of an approval and is carried out in stages, and where the
Director issues an approval in respect of a stage, no notice of appeal may be
submitted in respect of a stage that is already covered by the approval.
(4) A
notice of appeal must be submitted to the Board
(a) not
later than 7 days after receipt of a copy of the enforcement order or the
environmental protection order, in a case referred to in subsection (1)(e), (f)
or (h),
(b) not
later than one year after receipt of a copy of the reclamation certificate, in
a case referred to in subsection (1)(i) relating to the issuing of a
reclamation certificate, and
(c) not
later than 30 days after receipt of notice of the decision appealed from or the
last provision of notice of the decision appealed from, as the case may be, in
any other case.
(5) The
Board may, on application made before or after the expiry of the appeal period
referred to in subsection (4), extend that period, where the Board is of the
opinion that there are sufficient grounds for doing so.
(6) A
notice of appeal submitted to the Board under this Act or in accordance with
the Water Act must contain the
information and be made in the manner provided for in the regulations.
(7) A notice of appeal initiates an appeal of the
decision objected to.
RSA 2000 cE‑12
s91;2002 c4 s1;2003 c37 s14;
2003 c42 s6;2006 c15 s10
Additional information
92 Where the Board receives a notice
of appeal, it may by written notice given to the person who submitted the
notice of appeal require the submission of additional information specified in
the written notice by the time specified in the written notice.
1992 cE‑13.3
s85;1998 c15 s9
Extension of time
93 The Board may, before or after
the expiry of the prescribed time, advance or extend the time prescribed in
this Part or the regulations for the doing of anything where the Board is of
the opinion that there are sufficient grounds for doing so.
1996 c17 s21
Hearing of appeal
94(1) On receipt of a notice of appeal under this Act
or under the Water Act, the Board
shall conduct a hearing of the appeal.
(2) In
conducting a hearing of an appeal under this Part, the Board is not bound to
hold an oral hearing but may instead, and subject to the principles of natural
justice, make its decision on the basis of written submissions.
(3) The Board may, with the consent of the parties
to an appeal, make its decision under section 98 or its report to the Minister
without conducting a hearing of the appeal.
1992 cE‑13.3
s86;1994 c15 s33;1996 cW‑3.5 s175;
1996 c17 s22;1998 c15 s9
Powers and duties of
Board
95(1) The Board has all the powers of a commissioner
under the Public Inquiries Act.
(2) Prior
to conducting a hearing of an appeal, the Board may, in accordance with the
regulations, determine which matters included in notices of appeal properly
before it will be included in the hearing of the appeal, and in making that
determination the Board may consider the following:
(a) whether
the matter was the subject of a public hearing or review under Part 2 of the Agricultural
Operation Practices Act, under
the Natural Resources Conservation Board
Act or under any Act administered by the Energy Resources Conservation
Board or the Alberta
Utilities Commission and whether
the person submitting the notice of appeal received notice of and participated
in or had the opportunity to participate in the hearing or review;
(b) whether
the Government has participated in a public review in respect of the matter
under the Canadian Environmental
Assessment Act (Canada);
(c) whether
the Director has complied with section 68(4)(a);
(d) whether
any new information will be presented to the Board that is relevant to the decision
appealed from and was not available to the person who made the decision at the
time the decision was made;
(e) any
other criteria specified in the regulations.
(3) Prior
to making a decision under subsection (2), the Board may, in accordance with the
regulations, give to a person who has submitted a notice of appeal and to any
other person the Board considers appropriate, an opportunity to make
representations to the Board with respect to which matters should be included
in the hearing of the appeal.
(4) Where
the Board determines that a matter will not be included in the hearing of an
appeal, no representations may be made on that matter at the hearing.
(5) The
Board
(a) may
dismiss a notice of appeal if
(i) it considers the notice of appeal to be frivolous or vexatious or
without merit,
(ii) in the case of a notice of appeal submitted under section
91(1)(a)(i) or (ii), (g)(ii) or (m) of this Act or section 115(1)(a)(i) or
(ii), (b)(i) or (ii), (c)(i) or (ii), (e) or (r) of the Water Act, the Board
is of the opinion that the person submitting the notice of appeal is not
directly affected by the decision or designation,
(iii) for any other reason the Board considers that the notice of
appeal is not properly before it,
(iv) the person who submitted the notice of appeal fails to comply
with a written notice under section 92, or
(v) the person who submitted the notice of appeal fails to provide
security in accordance with an order under section 97(3)(b),
and
(b) shall
dismiss a notice of appeal if in the Board’s opinion
(i) the person submitting the notice of appeal received notice of or
participated in or had the opportunity to participate in one or more hearings
or reviews
under Part 2 of the Agricultural Operation Practices Act, under the Natural
Resources Conservation Board Act or any Act administered by the Energy
Resources Conservation Board or the Alberta Utilities Commission at which all of the matters included in the notice of
appeal were adequately dealt with, or
(ii) the Government has participated in a public review under the Canadian Environmental Assessment Act
(Canada) in respect of all of the matters included in the notice of appeal.
(6) Subject
to subsections (4) and (5), the Board shall, consistent with the principles of
natural justice, give the opportunity to make representations on the matter
before the Board to any persons who the Board considers should be allowed to
make representations.
(7) The
Board shall discontinue its proceedings in respect of a notice of appeal if the
notice of appeal is withdrawn.
(8) Subject to the regulations, the Board may
establish its own rules and procedures for dealing with matters before it.
RSA 2000 cE‑12
s95;2001 c16 s6;
2003 c42 s6;2007 cA‑37.2 s82(6)
Costs
96 The Board may award costs of
and incidental to any proceedings before it on a final or interim basis and
may, in accordance with the regulations, direct by whom and to whom any costs
are to be paid.
1992 cE‑13.3 s88
Stay of decision
97(1) Subject to subsection (2), submitting a notice
of appeal does not operate to stay the decision objected to.
(2) The
Board may, on the application of a party to a proceeding before the Board, stay
a decision in respect of which a notice of appeal has been submitted.
(3) Where
an application for a stay relates to the issuing of an enforcement order or an
environmental protection order or to a water management order or enforcement
order under the Water Act and is made
by the person to whom the order was directed, the Board may, if it is of the
opinion that an immediate and significant adverse effect may result if certain
terms and conditions of the order are not carried out,
(a) order
the Director under this Act or the Director under the Water Act to take whatever action the Director considers to be
necessary to carry out those terms and conditions and to determine the costs of
doing so, and
(b) order
the person to whom the order was directed to provide security in accordance
with the regulations under this Act or under the Water Act in the form and amount the Board considers necessary to
cover the costs referred to in clause (a).
(4) Notwithstanding subsections (1) and (2), the
Environmental Appeals Board or any court shall not grant a stay with respect to
a water management order respecting the administering priority under the Water Act.
RSA 2000 cE‑12
s97;2003 c42 s6
Decision of Board
98(1) In the case of a notice of appeal submitted
under section 91(1)(n) or (o) of this Act or a notice of appeal submitted under
section 115(1)(j), (l) or (q) of the Water
Act, the Board shall, within 30 days after the completion of the hearing of
the appeal, make a written decision on the matter.
(2) In
its decision, the Board may
(a) confirm,
reverse or vary the decision appealed and make any decision that the Director
whose decision was appealed could make, and
(b) make
any further order the Board considers necessary for the purposes of carrying
out the decision.
(3) On
making its decision, the Board shall immediately
(a) give
notice of the decision to all persons who submitted notices of appeal or made
representations to the Board and to all other persons who the Board considers
should receive notice of the decision, and
(b) make the written decision available in
accordance with the regulations.
1992 cE‑13.3
s90;1996 cW‑3.5 s175;1996 c17 s24;1998 c15 s9
Report to Minister
99(1) In the case of a notice of appeal referred to
in section 91(1)(a) to (m) of this Act or in section 115(1)(a) to (i), (k), (m)
to (p) and (r) of the Water Act, the
Board shall within 30 days after the completion of the hearing of the appeal
submit a report to the Minister, including its recommendations and the
representations or a summary of the representations that were made to it.
(2) The Minister may extend the 30‑day period
referred to in subsection (1) on application by the Board before or after the
expiry of the period.
1992 cE‑13.3
s91;1996 cW‑3.5 s175;1998 c15 s9
Decision by Minister
100(1) On receiving the report of the Board, the
Minister may, by order,
(a) confirm,
reverse or vary the decision appealed and make any decision that the person
whose decision was appealed could make,
(b) make
any direction that the Minister considers appropriate as to the forfeiture or
return of any security provided under section 97(3)(b), and
(c) make
any further order that the Minister considers necessary for the purpose of
carrying out the decision.
(2) The Minister shall immediately give notice of
any decision made under this section to the Board and the Board shall,
immediately on receipt of notice of the decision, give notice of the decision
to all persons who submitted notices of appeal or made representations or
written submissions to the Board and to all other persons who the Board
considers should receive notice of the decision.
1992 cE‑13.3
s92;1996 c17 s25;1998 c15 s9
Reconsideration by Board
101 Subject to the principles of
natural justice, the Board may
reconsider, vary or revoke any decision, order, direction, report,
recommendation or ruling made by it.
1996 c17 s26
Privative clause
102 Where this Part empowers or
compels the Minister or the Board to do anything, the Minister or the Board has
exclusive and final jurisdiction to do that thing and no decision, order,
direction, ruling, proceeding, report or recommendation of the Minister or the
Board shall be questioned or reviewed in any court, and no order shall be made
or process entered or proceedings taken in any court to question, review,
prohibit or restrain the Minister or the Board or any of its proceedings.
1996 c17 s26
Publication of Board’s report
103 On complying with section
100(2), the Board shall publish or otherwise make available the Board’s report
and recommendations, or a summary of them, and a notice of the Minister’s
decision in the manner the Board considers appropriate.
1992 cE‑13.3
s93;1996 c17 s27
Filing of order
104 An order of the Board under
section 96 or 97, a decision of the Board under section 98 and a decision of
the Minister under section 100 may be filed with the clerk of the Court of
Queen’s Bench and, on filing, are enforceable as if they were judgments of the
Court.
1996 c17 s28
Ministerial regulations
105 The Minister may make regulations
(a) respecting
the form and content of a notice of appeal;
(b) respecting
the conduct of proceedings before the Board;
(c) determining
what constitutes “hearing of the appeal” for the purposes of Part 4, including
making different procedures applicable in that regard for the purposes of
different provisions of Part 4;
(d) prescribing
the criteria to be considered by the Board in directing interim or final costs
to be paid;
(e) respecting
the manner in which written decisions of the Board are to be made available for
the purposes of section 98(3);
(f) authorizing
the Board to charge fees for services or materials provided by the Board or
things done by the Board under this Act, and prescribing the amounts of those
fees or the manner in which the amounts are to be determined;
(g) generally, for regulating the conduct and
work of the Board.
1992 cE‑13.3
s94;1994 c15 s35;1996 c17 s29;1998 c15 s9
Lieutenant Governor in
Council regulations
106 The Lieutenant Governor in Council may
make regulations
(a) respecting
the appointment and membership of the Board and providing for the remuneration
and travel and living expenses that are payable to members of the Board;
(b) prescribing
additional criteria to be considered by the Board for the purposes of section
95(2)(e);
(c) prescribing
the activities to which section 91(3) applies;
(d) respecting financial or other security for
the purposes of section 97(3)(b).
1992 cE‑13.3 s95
Part 5
Release of Substances
Interpretation and
application
107(1) In this Part,
(a) “owner
of a substance” means the owner of the substance immediately before or during
the release of the substance;
(b) “person
having control of a substance” means the person having charge, management or
control of the substance;
(c) “person
responsible for the contaminated site” means
(i) a person responsible for the substance that is in, on or under
the contaminated site,
(ii) any other person who the Director considers caused or contributed
to the release of the substance into the environment,
(iii) the owner of the contaminated site,
(iv) any previous owner of the contaminated site who was the owner at
any time when the substance was in, on or under the contaminated site,
(v) a successor, assignee, executor, administrator, receiver,
receiver‑manager or trustee of a person referred to in any of subclauses
(ii) to (iv), and
(vi) a person who acts as the principal or agent of a person referred
to in any of subclauses (ii) to (v)
but does not include
(vii) a municipality in respect of a parcel of land shown on its tax
arrears list, unless after the date on which the municipality is entitled to
possession of the parcel under section 420 of the Municipal Government Act or becomes the owner of the parcel under
section 424 of that Act the municipality releases on that parcel a new or
additional substance into the environment that may cause, is causing or has
caused an adverse effect or aggravates the adverse effect of the release of a
substance into the environment on that parcel, or
(viii) a person who investigates or tests a parcel of land for the
purpose of determining the environmental condition of that parcel, unless the
investigation or test releases on that parcel a new or additional substance
into the environment that may cause, is causing or has caused an adverse effect
or aggravates the adverse effect of the release of a substance into the
environment on that parcel.
(2) Sections 110 to 112 apply only to releases of
substances that are not authorized by an approval or the regulations.
1992 cE‑13.3
s96;1994 c15 s36;1996 c30 s69
Division 1
Releases of Substances Generally
Prohibited release
where approval or regulation
108(1) No person shall knowingly release or permit the
release of a substance into the environment in an amount, concentration or
level or at a rate of release that is in excess of that expressly prescribed by
an approval, a code of practice or the regulations.
(2) No
person shall release or permit the release of a substance into the environment
in an amount, concentration or level or at a rate of release that is in excess
of that expressly prescribed by an approval or the regulations.
(3) For the purposes of this section, if there is a
conflict between an approval or a code of practice and the regulations as to an
amount, concentration, level or rate of release of a substance, the most
stringent requirement prevails.
RSA 2000 cE‑12
s108;2003 c37 s15
Prohibited release where
no approval or regulation
109(1) No person shall knowingly release or permit the
release into the environment of a substance in an amount, concentration or
level or at a rate of release that causes or may cause a significant adverse
effect.
(2) No
person shall release or permit the release into the environment of a substance
in an amount, concentration or level or at a rate of release that causes or may
cause a significant adverse effect.
(3) Subsections
(1) and (2) apply only where the amount, concentration, level or rate of
release of the substance is not authorized by an approval, a code of practice
or the regulations.
(4) No person may be convicted of an offence under
this section if that person establishes that the release was authorized by
another enactment of Alberta or Canada.
RSA 2000 cE‑12
s109;2003 c37 s16
Duty to report release
110(1) A person who releases or causes or permits the
release of a substance into the environment that may cause, is causing or has
caused an adverse effect shall, as soon as that person knows or ought to know
of the release, report it to
(a) the
Director,
(b) the
owner of the substance, where the person reporting knows or is readily able to
ascertain the identity of the owner,
(c) any
person to whom the person reporting reports in an employment relationship,
(d) the
person having control of the substance, where the person reporting is not the
person having control of the substance and knows or is readily able to ascertain
the identity of the person having control, and
(e) any
other person who the person reporting knows or ought to know may be directly
affected by the release.
(1.1) Where
(a) a
person released or caused or permitted the release of a substance into the
environment before September 1, 1993, and
(b) the
activity that resulted in the release was permanently discontinued before that
date,
the person shall as
soon as that person is aware that an adverse effect has occurred or is
occurring in respect of that release, report the release to the persons
specified in subsection (1).
(2) The
person having control of a substance that is released into the environment that
may cause, is causing or has caused an adverse effect shall, immediately on
becoming aware of the release, report it to the persons referred to in
subsection (1)(a), (b), (c) and (e) unless the person having control has
reasonable grounds to believe that those persons already know of the release.
(3) A police officer or employee of a local authority
or other public authority who is informed of or who investigates a release of a
substance into the environment that may cause, is causing or has caused an
adverse effect shall immediately notify the Director of the release unless the
police officer or employee has reasonable grounds to believe that it has been
reported by another person.
RSA 2000 cE‑12
s110;2006 c15 s11
Manner of reporting
111(1) A person who is required to report to the
Director pursuant to section 110 shall report in person, by telephone or by
electronic means and shall include the following in the report, where the
information is known or can be readily obtained by that person:
(a) the
location and time of the release;
(b) a
description of the circumstances leading up to the release;
(c) the
type and quantity of the substance released;
(d) the
details of any action taken and proposed to be taken at the release site;
(e) a
description of the location of the release and the immediately surrounding
area.
(2) In
addition to a report under subsection (1), the person shall report in writing
where required by the regulations.
(3) A
person who reports under subsections (1) and (2) shall give to the Director any
additional information in respect of the release that the Director requires.
(4) A
person who reports under subsection (1) or (2) shall comply with any additional
requirements set out in the regulations.
RSA 2000 cE‑12
s111;2003 c37 s17
Duty to take remedial
measures
112(1) Where
a substance that may cause, is causing or has caused an adverse effect is
released into the environment, the person responsible for the substance shall,
as soon as that person becomes aware of or ought to have become aware of the
release,
(a) take
all reasonable measures to
(i) repair, remedy and confine the effects of the substance, and
(ii) remediate, manage, remove or otherwise dispose of the substance
in such a manner as to prevent an adverse effect or further adverse effect,
and
(b) restore
the environment to a condition satisfactory to the Director.
(2) Where
(a) a
substance was released into the environment before September 1, 1993, and
(b) the
activity that resulted in the release was permanently discontinued before that
date,
the person responsible for the substance shall as soon as
that person is aware that the substance may cause, is causing or has caused an
adverse effect, take the actions specified in subsection (1).
RSA 2000 cE‑12
s112;2006 c15 s12
Environmental protection
order for release
113(1) Subject to subsection (2), where the Director
is of the opinion that
(a) a
release of a substance into the environment may occur, is occurring or has
occurred, and
(b) the
release may cause, is causing or has caused an adverse effect,
the Director may issue
an environmental protection order to the person responsible for the substance.
(2) Where
the release of the substance into the environment is or was expressly
authorized by and is or was in compliance with an approval, code of practice or
registration or the regulations, the Director may not issue an environmental
protection order under subsection (1) unless in the Director’s opinion the
adverse effect was not reasonably foreseeable at the time the approval or
registration was issued, the code of practice was adopted or the regulations
were made, as the case may be.
(3) An
environmental protection order may order the person to whom it is directed to
take any measures that the Director considers necessary, including, but not
limited to, any or all of the following:
(a) investigate
the situation;
(b) take
any action specified by the Director to prevent the release;
(c) measure
the rate of release or the ambient concentration, or both, of the substance;
(d) minimize
or remedy the effects of the substance on the environment;
(e) restore
the area affected by the release to a condition satisfactory to the Director;
(f) monitor,
measure, contain, remove, store, destroy or otherwise dispose of the substance,
or lessen or prevent further releases of or control the rate of release of the
substance into the environment;
(g) install,
replace or alter any equipment or thing in order to control or eliminate on an
immediate and temporary basis the release of the substance into the
environment;
(h) construct,
improve, extend or enlarge the plant, structure or thing if that is necessary
to control or eliminate on an immediate and temporary basis the release of the
substance into the environment;
(i) report
on any matter ordered to be done in accordance with directions set out in the
order.
(4) An environmental protection order
may be issued under this section in respect of a substance released before, on
or after September 1, 1993.
(5) Where
(a) a
substance was released into the environment before September 1, 1993, and
(b) the
activity that resulted in the release was permanently discontinued before that
date,
the Director may issue an environmental protection order to
the person responsible for the substance only if an adverse effect has occurred
or is occurring.
RSA 2000 cE‑12
s113;2003 c37 s18;2006 c15 s13
Emergency environmental
protection order
114(1) Where an inspector, an investigator or the
Director is of the opinion that
(a) a
release of a substance into the environment may occur, is occurring or has
occurred, and
(b) the
release may cause, is causing or has caused an immediate and significant
adverse effect,
the inspector,
investigator or Director may issue an
environmental protection order to the person responsible for the substance
directing the performance of emergency measures that the inspector,
investigator or Director considers necessary.
(2) Subsection (1) applies whether or not the
release of the substance into the environment is or was expressly authorized by
or is or was in compliance with an approval, a registration or the regulations.
1992 cE‑13.3
s103;1996 c17 s55
Emergency measures and
notification
115(1) Where an inspector, an investigator or the
Director is of the opinion that
(a) a
release of a substance into the environment may occur, is occurring or has
occurred, and
(b) the
release may cause, is causing or has caused an immediate and significant
adverse effect,
the inspector,
investigator or Director may take any emergency measures that the inspector,
investigator or Director considers necessary to protect human life or health or
the environment.
(2) Subsection
(1) applies whether or not the release of the substance into the environment is
or was expressly authorized by and is or was in compliance with an approval, a
code of practice, a registration or the regulations.
(3) The inspector, investigator or Director shall
forthwith notify Alberta Public Safety Services, the local authority of the
municipality in which the substance is located and the medical officer of
health of the health unit or health region under the Regional Health Authorities Act in which the substance is located
of the emergency measures taken under subsection (1).
RSA 2000 cE‑12
s115;2003 c37 s19
Environmental protection
orders re odour
116(1) Where the Director is of the opinion that a substance
or thing is causing or has caused an offensive odour, the Director may issue an
environmental protection order to the person responsible for the substance or
thing.
(2) Subsection
(1) does not apply in respect of an offensive odour that results from an
agricultural operation that is carried out in accordance with generally
accepted practices for such an operation or in respect of which
recommendations under Part 1 of the Agricultural Operation Practices Act
indicate that the agricultural operation follows a generally accepted
agricultural practice.
(3) An
environmental protection order under this section may order the person to whom
it is directed to take any or all of the following measures:
(a) investigate
the situation;
(b) take
any action specified by the Director to prevent the offensive odour;
(c) minimize
or remedy the effects of the offensive odour;
(d) monitor,
measure, contain, remove, store, destroy or otherwise dispose of the substance
or thing causing the offensive odour or lessen or prevent the offensive odour;
(e) install,
replace or alter any equipment or thing in order to control or eliminate the
offensive odour;
(f) construct,
improve, extend or enlarge a plant, structure or thing if that is necessary to
control or eliminate the offensive odour;
(g) take
any other action the Director considers to be necessary;
(h) report on any matter ordered to be done in
accordance with directions set out in the order.
RSA 2000 cE‑12
s116;2001 c16 s6
Remediation certificates
117(1) The Director or an inspector may issue a
remediation certificate in respect of land where
(a) a
release of a substance into the environment has occurred,
(b) the
release has caused, is causing or has the potential to cause an adverse effect,
and
(c) remediation
of the land has been carried out in accordance with
(i) the terms and conditions of any applicable approval,
(ii) the terms and conditions of an environmental protection order
made in respect of the release,
(iii) the directions of an inspector or the Director, or
(iv) this Act.
(2) Repealed
2006 c15 s14.
(3) An
application for a remediation certificate must be made to the Director or an
inspector in a form and manner acceptable to the Director or inspector.
(3.1) The Director or an inspector may refuse
to accept an application for a remediation certificate if, in the Director’s or
inspector’s opinion, the application is not complete or not accurate.
(3.2) The Director or an inspector may
refuse to issue a remediation certificate where the applicant is indebted to
the Government.
(4) The
Director or an inspector may issue or refuse to issue a remediation
certificate, and may issue the remediation certificate subject to any terms and
conditions the Director or inspector considers appropriate.
(5) The Director or an inspector may
(a) amend
a term or condition of, add a term or condition to or delete a term or
condition from a remediation certificate if the Director or inspector considers
it appropriate to do so,
(b) cancel
a remediation certificate issued in error,
(c) correct
an error in a remediation certificate, or
(d) cancel a remediation certificate if any of
the terms or conditions in the remediation certificate have not been complied
with.
RSA 2000 cE‑12
s117;2006 c15 s14
Effect of remediation
certificate
118 Where a remediation
certificate is issued, no environmental protection order requiring the doing of
further work in respect of the same release of the same substance may be issued
under this Act after the date prescribed or determined for the purposes of this
section in accordance with the regulations.
1996 c17 s30
Reclamation certificate
unaffected
119 The issuing of a remediation
certificate does not affect any person’s obligation to obtain a reclamation
certificate under this Act.
1996 c17 s30
Regulations
120 The Lieutenant Governor in Council may
make regulations
(a) respecting
the procedure for the submission of applications for remediation certificates
and the plans, specifications and other information that must accompany applications;
(b) respecting
the manner in which remediation is to be carried out;
(c) respecting
the establishment of standards or criteria to be used to determine whether
remediation has been completed in a satisfactory manner;
(d) respecting
the provision to the Director or an inspector of information and reports
relating to the remediation;
(e) prescribing
dates or the manner of determining dates for the purposes of section 118,
generally or in respect of different classes of land or releases of substances;
(f) respecting
terms and conditions that may be contained in remediation certificates;
(g) respecting the giving of notices for the
purposes of section 117.
RSA 2000 cE‑12
s120;2006 c15 s15
Ministerial regulations
121 The Minister may make regulations
(a) classifying
releases for the purposes of this Division and exempting any release or any
class of release from the application of this Division, and attaching terms and
conditions to any such exemption;
(b) respecting the making of a report under
section 111 and its contents and providing for the waiver of a requirement to
make a report under section 111(2) where in the opinion of the Director no
adverse effect is likely to occur as a result of the release or the adverse
effect caused by the release has been adequately controlled.
RSA 2000 cE‑12
s121;2003 c37 s20
Lieutenant Governor in
Council regulations
122(1) The Lieutenant Governor in Council may make
regulations
(a) regulating
and prohibiting the removal or rendering ineffective of any device, procedure
or thing that reduces or prevents or is intended to reduce or prevent the
release of any substance and that is attached or connected to or forms part of
any thing;
(b) respecting
the measures, including levels of remedial requirements, that may be required
in an environmental protection order for the purposes of section 113(3)(e),
including the incorporation or adoption for that purpose of documents that set
out restoration guidelines;
(c) regulating
the quantity and purity of water to be applied to land for the purpose of
irrigation or watering of plant life if the water so applied may directly or
indirectly cause an adverse effect;
(d) regulating
or prohibiting any use of land or any action in respect of land as a result of
which any substance is released on or under any land, including land
(i) adjacent to or underlying a watercourse, or
(ii) adjacent to or overlying an aquifer;
(e) prescribing
the concentration, including the maximum concentration, of a substance that may
be released into the environment;
(f) prescribing
the amount, including the maximum amount, of a substance that may be released
into the environment;
(g) prescribing
the level, including the maximum level, of a substance that may be released
into the environment;
(h) prescribing
the rate, including the maximum rate, at which a substance may be released into
the environment;
(i) respecting
the method or type of method or instrument for measuring or determining
(i) the concentration of a substance released into the environment,
(ii) the weight of a substance released into the environment,
(iii) the rate of release of a substance into the environment, and
(iv) visible emissions;
(j) prescribing
the point at which a measurement pursuant to the regulations is to take place;
(k) prescribing
the maximum visible emissions permitted to be released;
(l) establishing
a program for the certification of visible emission readers, including
regulations respecting
(i) the manner in which visible emission readers are taught and
certified,
(ii) the issuing, suspension and cancellation of certificates of
qualification, and
(iii) the regulation of the activities of visible emission readers;
(m) generally,
for the protection of the environment and the regulation of sources of substances.
(2) Before regulations are made under subsection
(1)(e), (f), (g), (h) or (k), the Minister shall engage in any public
consultation with respect to the proposed regulations that the Minister
considers appropriate.
1992 cE‑13.3
s107;1995 c23 s11
Division 2
Contaminated Sites
Application
123 This Division applies
regardless of when a substance became present in, on or under the contaminated
site.
1992 cE‑13.3 s108
Non‑recoverable
costs
124 The Minister may establish
programs and other measures the Minister considers necessary to pay for the
costs of restoring and securing contaminated sites and the environment affected
by contaminated sites in circumstances where a person responsible for the
contaminated site cannot be identified or is unable to pay for the costs.
1992 cE‑13.3 s109
Designation of
contaminated sites
125(1) Where the Director is of the opinion that a
substance that may cause, is causing or has caused a significant adverse effect
is present in an area of the environment, the Director may designate an area of
the environment as a contaminated site.
(2) Subsection
(1) applies notwithstanding that any or all of the following may apply:
(a) a
reclamation certificate or remediation certificate has been issued in respect
of the contaminated site;
(b) an
administrative or enforcement remedy has been pursued under this Act or under
any other law in respect of the contaminated site;
(c) the
substance was released in accordance with this Act or any other law;
(d) the
release of the substance was not prohibited under this Act;
(e) the
substance originated from a source other than the contaminated site.
(3) The Director may cancel a designation of a
contaminated site.
1992 cE‑13.3
s110;1996 c17 s31
Notice of designation
126 The Director shall
(a) give
notice of the Director’s decision to designate an area of the environment as a
contaminated site to
(i) the owner of the contaminated site,
(ii) any of the other persons responsible for the contaminated site
that the Director considers appropriate, and
(iii) the local authority of the municipality in which the contaminated
site is located,
and
(b) provide notice of the Director’s decision to
designate an area of the environment as a contaminated site in accordance with
the regulations.
1992 cE‑13.3
s111;1994 c15 s39
Statement of concern
127(1) Any person who is directly affected by a
designation of a contaminated site may submit to the Director a statement of
concern setting out that person’s concerns regarding the designation of the contaminated
site and that person’s recommendations on any remedial measures that should be
taken with respect to the contaminated site.
(2) A
statement of concern must be submitted
(a) within
30 days after receipt of the notice under section 126(a) or the last provision
of the notice under section 126(b), or
(b) within any longer period allowed by the
Director in the notice.
1992 cE‑13.3
s112;1994 c15 s40
Remedial action plans
and agreements
128(1) A person responsible for the contaminated site
may
(a) prepare
for the approval of the Director a remedial action plan in respect of the
contaminated site, and
(b) enter
into an agreement with the Director, with other persons responsible for the
contaminated site, or with both the Director and other persons responsible,
providing for the remedial action to be taken in respect of the contaminated
site and providing for the apportionment of the costs of taking that action.
(2) An
agreement under subsection (1)(b) to which the Director is not a party is not
valid unless it is approved by the Director.
(3) Where an agreement made under subsection (1)(b)
is carried out in accordance with its terms, the Director may not issue an
environmental protection order under section 129 to any of the persons
responsible for the contaminated site who are parties to the agreement in
respect of any matter that is provided for in the agreement.
1992 cE‑13.3 s113
Environmental protection
order re contaminated site
129(1) Where the Director designates a contaminated
site, the Director may issue an environmental protection order to a person
responsible for the contaminated site.
(2) In
deciding whether to issue an environmental protection order under subsection
(1) to a particular person responsible for the contaminated site, the Director
shall give consideration to the following, where the information is available:
(a) when
the substance became present in, on or under the site;
(b) in
the case of an owner or previous owner of the site,
(i) whether the substance was present in, on or under the site at the
time that person became an owner;
(ii) whether the person knew or ought reasonably to have known that
the substance was present in, on or under the site at the time that person
became an owner;
(iii) whether the presence of the substance in, on or under the site
ought to have been discovered by the owner had the owner exercised due
diligence in ascertaining the presence of the substance before the owner became an owner, and whether the owner
exercised such due diligence;
(iv) whether the presence of the substance in, on or under the site
was caused solely by the act or omission of another person, other than an
employee, agent or person with whom the owner or previous owner has or had a
contractual relationship;
(v) the price the owner paid for the site and the relationship
between that price and the fair market value of the site had the substance not
been present in, on or under it;
(c) in
the case of a previous owner, whether that owner disposed of the owner’s
interest in the site without disclosing the presence of the substance in, on or
under the site to the person who acquired the interest;
(d) whether
the person took all reasonable care to prevent the presence of the substance
in, on or under the site;
(e) whether
a person dealing with the substance followed accepted industry standards and
practice in effect at the time or complied with the requirements of applicable
enactments in effect at the time;
(f) whether
the person contributed to further accumulation or the continued release of the
substance on becoming aware of the presence of the substance in, on or under
the site;
(g) what
steps the person took to deal with the site on becoming aware of the presence
of the substance in, on or under the site;
(h) any
other criteria the Director considers to be relevant.
(3) In
issuing an environmental protection order under subsection (1), the Director
shall give consideration to whether the Government has assumed responsibility
for part of the costs of restoring and securing the contaminated site and the
environment affected by the contaminated site pursuant to a program or other
measure under section 124.
(4) An
environmental protection order made under subsection (1) may
(a) require
the person to whom the order is directed to take any measures that the Director
considers are necessary to restore or secure the contaminated site and the
environment affected by the contaminated site, including, but not limited to,
any or all of the measures specified in section 113,
(b) contain
provisions providing for the apportionment of the cost of doing any of the work
or carrying out any of the measures referred to in clause (a), and
(c) in accordance with the regulations, regulate
or prohibit the use of the contaminated site or the use of any product that
comes from the contaminated site.
1992 cE‑13.3
s114;1994 c15 s41
Notice of environmental
protection order
130 In addition to serving an environmental
protection order issued under section 129 on the person to whom it is directed,
the Director shall
(a) give
notice of the issuance of the order to the local authority of the municipality
in which the contaminated site is located, and
(b) provide notice of the issuance of the order
in accordance with the regulations.
1992 cE‑13.3 s115
Compensation
131 The Minister may
(a) in
accordance with any applicable regulations, or
(b) in
the absence of any applicable regulations, in the manner and amount the
Minister considers appropriate
pay compensation to any person who suffers loss or damage
as a direct result of the application of this Division.
1992 cE‑13.3 s116
Ministerial regulations
132 The Minister may make
regulations regulating and prohibiting the use of a contaminated site or the
use of any product that comes from a contaminated site.
1992 cE‑13.3 s117
Lieutenant Governor in
Council regulations
133 The Lieutenant Governor in Council may
make regulations
(a) authorizing
the payment of compensation by the Government for the purposes of section 131,
including regulations respecting
(i) the circumstances under which compensation will be paid, and
(ii) the manner in which a claim for compensation is assessed and made
and the determination of the amount payable;
(b) respecting the manner in which notice is to
be provided under sections 126(b) and 130(b).
1992 cE‑13.3 s118
Part 6
Conservation and Reclamation
Definitions
134 In this Part,
(a) “expropriation
board” means the board, person or other body having the power to order
termination of a right of entry order as to the whole or part of the land
affected by the order;
(b) “operator”
means
(i) an approval or registration holder who carries on or has carried
on an activity on or in respect of specified land pursuant to an approval or
registration,
(ii) any person who carries on or has carried on an activity on or in
respect of specified land other than pursuant to an approval or registration,
(iii) the holder of a licence, approval or permit issued by the Energy
Resources Conservation Board or the Alberta Utilities Commission for purposes related to the carrying on of an activity on or in
respect of specified land,
(iv) a working interest participant in
(A) a well,
(B) a mine,
(C) a coal processing plant,
(D) an oil sands processing plant, or
(E) a plant or facility that is subject to the
Large Facility Liability Management Program administered by the Energy Resources Conservation Board
on, in or under
specified land,
(v) the holder of a surface lease for purposes related to the
carrying on of an activity on or in respect of specified land,
(vi) a successor, assignee, executor, administrator, receiver,
receiver‑manager or trustee of a person referred to in any of subclauses
(i) to (v), and
(vii) a person who acts as principal or agent of a person referred to
in any of subclauses (i) to (vi);
(c) “reclamation
certificate” means a reclamation certificate issued under this Part;
(d) “reclamation
inquiry” means a reclamation inquiry conducted under this Part;
(e) “right
of entry order” means
(i) an order granting right of entry that is made
(A) by the Surface Rights Board under the Surface Rights Act,
(B) under a former Act within the meaning of
that term in the Surface Rights Act,
or
(C) by a body that is empowered to grant a right
of entry under the Metis Settlements Act
in respect of land that is located in a settlement area;
(ii) an order for the expropriation of land or an interest in land
required for the purposes of a pipeline or transmission line that is made by
the Surface Rights Board or the Alberta Utilities Commission or a predecessor
of either of them or by a body that is empowered to make such an order under
the Metis Settlements Act in respect
of land that is located in a settlement area;
(f) “specified
land” means specified land within the meaning of the regulations on or in
respect of which an activity is or has been carried on, but does not include
(i) land used solely for the purposes of an agricultural operation,
(ii) subdivided land that is used or intended to be used solely for
residential purposes,
(iii) any part of any unsubdivided land that is the site of a residence
and the land used in connection with that residence solely for residential
purposes, or
(iv) land owned by the Crown in right of Canada;
(g) “surface
lease” means a lease, easement, licence, agreement or other instrument granted
or made before or after the coming into force of this Part under which the
surface of land has been or is being held;
(h) “surrender”
means a surrender, relinquishment, quit claim, release, notice, agreement or
other instrument by which a surface lease is discharged or otherwise terminated
as to the whole or part of the land affected by the surface lease;
(i) “termination”
means the termination of a right of entry order by an expropriation board as to
the whole or part of the land affected by the order;
(j) “working interest participant” means a
person who owns or controls all or part of a beneficial or legal undivided
interest in an activity described in clause (b)(iv) under an agreement that
pertains to the ownership of that activity.
RSA 2000 cE‑12
s134;2006 c15 s16;2007 cA‑37.2 s82(6)
Security by operator
135(1) If required by the regulations, an operator
shall provide financial or other security and carry insurance in respect of the
activity carried on by the operator on specified land.
(2) Subsection (1) does not apply to the Government
or a Government agency.
1992 cE‑13.3 s120
Reclamation inquiry
136 An inspector shall, when
required to do so by the regulations, conduct a reclamation inquiry in
accordance with the regulations.
1992 cE‑13.3 s121
Duty to reclaim
137(1) An operator must
(a) conserve
specified land,
(b) reclaim
specified land, and
(c) unless
exempted by the regulations, obtain a reclamation certificate in respect of the
conservation and reclamation.
(2) Where
this Act requires that specified land must be conserved and reclaimed, the
conservation and reclamation must be carried out in accordance with
(a) the
terms and conditions in any applicable approval or code of practice,
(b) the
terms and conditions of any environmental protection order regarding
conservation and reclamation that is issued under this Part,
(c) the directions of an inspector or the
Director, and
(d) this Act.
RSA 2000 cE‑12
s137;2003 c37 s21
Issuance of reclamation
certificate
138(1) An application for a reclamation certificate
must be made by the operator to the Director or an inspector in the form and
manner and within the time provided for in the regulations.
(1.1) The Director or an inspector may
refuse to accept an application for a reclamation certificate if, in the
Director’s or inspector’s opinion, the application is not complete and
accurate.
(2) An
inspector may refuse to issue a reclamation certificate where the applicant is
indebted to the Government.
(3) An
inspector may issue a reclamation certificate to the operator if the inspector
is satisfied that the conservation and reclamation have been completed in
accordance with section 137(2).
(4) An
inspector may issue a reclamation certificate with respect to all or only a
part of the specified land, and in the latter case section 137 continues to
apply with respect to the remaining specified land.
(5) An
inspector may issue a reclamation certificate subject to any terms and
conditions the inspector considers appropriate.
(6) An approval in respect of an activity on
specified land expires on the date that the final reclamation certificate is
issued under this Part unless the approval specifies a different expiry date.
RSA 2000 cE‑12
s138;2003 c37 s22
Amendment and
cancellation of certificate
139(1) The Director or an inspector may
(a) amend
a term or condition of, add a term or condition to or delete a term or
condition from a reclamation certificate if the Director or the inspector
considers it appropriate to do so,
(b) cancel
a reclamation certificate issued in error,
(c) cancel
a reclamation certificate where no reclamation inquiry was conducted prior to
the issuance of the certificate and the Director or the inspector is of the
opinion that further work may be necessary to conserve and reclaim the
specified land to which the certificate relates, or
(d) correct
a clerical error in a reclamation certificate.
(2) The
Director or the inspector shall promptly give notice of any amendment, addition,
deletion or cancellation to the same persons to whom a copy of the original
reclamation certificate was given under section 145.
(3) Where a reclamation certificate is cancelled
under this section, then for the purposes of this Part it is considered never
to have been issued.
RSA 2000 cE‑12
s139;2003 c37 s23
Environmental protection
order
140 Subject to any applicable approval or
code of practice and the regulations, an inspector may
(a) at
any time before the issuance of a reclamation certificate in a case where the
operator is required to obtain a reclamation certificate, or
(b) at
any time, in a case where the operator is not required to obtain a reclamation
certificate,
issue an environmental protection order regarding
conservation and reclamation to an operator directing the performance of any
work or the suspension of any work if in the inspector’s opinion the
performance or suspension of the work is necessary in order to conserve and
reclaim specified land.
RSA 2000 cE‑12
s140;2003 c37 s24
Environmental protection
order re off‑site damage
141 Where an inspector is satisfied that an
operator
(a) has
done or permitted to be done anything that has caused an adverse effect in a
location other than the specified land in respect of which the operator is or
was carrying on an activity, or
(b) has
caused or allowed a substance to leave or escape from the specified land in
respect of which the operator is or was carrying on an activity,
the inspector may issue an environmental protection order
regarding conservation and reclamation to the operator in accordance with the
regulations.
1992 cE‑13.3
s126;1994 c15 s46
Environmental protection
order after reclamation certificate
142(1) If,
after a reclamation certificate has been issued, an inspector is of the opinion
that further work is necessary to conserve and reclaim the specified land and
the work relates to matters that were not apparent at the time the reclamation
certificate was issued, the inspector may
(a) issue
an environmental protection order regarding conservation and reclamation to
(i) the person to whom the reclamation certificate was issued,
(ii) a successor, assignee, executor, administrator, receiver,
receiver‑manager or trustee of a person referred to in subclause (i), or
(iii) a person who acts as principal or agent of a person referred to
in subclause (i) or (ii)
directing the performance
of any work that the inspector considers necessary to conserve and reclaim the
specified land, or
(b) carry
out any work that the inspector considers necessary to conserve and reclaim the
specified land.
(2) No environmental protection order
regarding conservation and reclamation may be issued under this section
(a) in
any case where the reclamation certificate in respect of the specified land was
issued under the Land Surface Conservation and Reclamation Act, RSA 1980
cL‑3, or
(b) in
any other case, after the date prescribed or determined in accordance with the
regulations for the purposes of this section with respect to different classes
of specified land set out in the regulation.
(3) The
costs of carrying out work under subsection (1)(b) are the responsibility of
the Government.
RSA 2000 cE‑12
s142;2003 c37 s25
Emergency environmental
protection order
143 Where an inspector is of the opinion
that an immediate and significant adverse effect may occur, is occurring or has
occurred on specified land as a result of the carrying on of an activity on or
in respect of specified land, the inspector may issue an environmental
protection order to the operator directing the suspension of any work on the
specified land.
1992 cE‑13.3 s128
No surrender or
termination without reclamation certificate
144(1) Notwithstanding anything in any other Act or
any surface lease or right of entry order,
(a) no
surrender of a surface lease is effective or binding on any person, and
(b) no
expropriation board shall order the termination of a right of entry order
insofar as the
surrender or termination relates to any interest of the registered owner, until
a reclamation certificate has been issued in respect of the specified land
affected by the surrender or termination.
(2) Subsection
(1), insofar as it relates to right of entry orders, applies only to
(a) right
of entry orders pertaining to transmission lines in effect after August 15,
1978, and
(b) right
of entry orders of any other kind, where the lease or order is in effect on or
after June 1, 1963.
(3) Notwithstanding
subsection (1), an expropriation board may order the termination of a right of
entry order without a reclamation certificate in any case where
(a) the
parties to the right of entry order have entered into a surface lease with
respect to the specified land affected by the order and have requested the
termination,
(b) the
specified land affected by the right of entry order has been acquired or
expropriated by the Government or by a local authority, or
(c) the
expropriation board is satisfied that the operator has not exercised any rights
under the right of entry order.
(4) The surrender or termination of a surface lease
or right of entry order as to all or any part of the specified land in respect
of which a reclamation certificate is issued is not affected by an appeal under
section 91(1)(i).
1992 cE‑13.3 s129
Copies of orders and
certificates
145 Where an environmental protection order
regarding conservation and reclamation or a reclamation certificate is issued
under this Part, in addition to giving a copy of the order or certificate to
the operator, the person issuing the order or certificate
(a) shall
give a copy of the order or certificate to the owner of the land concerned, and
(b) may give a copy of the certificate to any
other person whom the person issuing the certificate considers to be directly
affected by the activity to which the certificate relates.
1992 cE‑13.3
s130;1994 c15 s47
Lieutenant Governor in
Council regulations
146 The Lieutenant Governor in Council may
make regulations
(a) respecting
the manner in which and the time within which specified land must be conserved
and reclaimed;
(b) respecting
the establishment of standards or criteria to be used to determine whether
conservation and reclamation have been completed in a satisfactory manner,
including, without limitation, the standard of reclamation of specified land to
its equivalent capability;
(c) respecting
the manner in which any kind of activity on or in respect of specified land may
or must be conducted for purposes in connection with or incidental to the
conservation and reclamation of the land;
(d) requiring
and governing the suspension of work that is necessary in order to conserve and
reclaim specified land;
(e) respecting
the number and kinds of inspectors who may conduct a reclamation inquiry;
(f) providing
for procedures respecting the conduct of reclamation inquiries;
(g) respecting
financial or any other security to be given or insurance to be carried by
operators or classes of operators;
(h) repealed
2006 c15 s17;
(i) requiring
an operator to give notice of the suspension of or cessation of an activity on
or in respect of specified land, and respecting the time at which and the
manner in which that notice must be given;
(j) defining
“specified land” for the purposes of this Part;
(k) exempting
operators or activities or classes of operators or activities from the
requirement for a reclamation certificate;
(l) providing
for the issuing of different classes of reclamation certificates;
(m) respecting
the terms and conditions that may be contained in an environmental protection
order regarding conservation and reclamation and in a reclamation certificate;
(n) respecting
the procedure for the submission of applications for reclamation certificates,
the form and content of applications and the plans and specifications that must
accompany applications;
(n.1) respecting
the procedure for the submission of applications for records of progressive
reclamation, the form and content of applications and the plans and
specifications that must accompany applications;
(n.2) respecting
the terms and conditions that may be placed on a record of progressive
reclamation;
(n.3) respecting
any restrictions on the issuance of an environmental protection order under
section 140 where a record of progressive reclamation has been issued;
(o) prescribing
dates or the manner of determining dates for the purposes of section 142(2)(b),
generally or in respect of different classes of specified land or activities;
(p) respecting the payment of remuneration and
expenses to local authorities for services provided by inspectors who are
designated under section 25(3)(c) and are exercising authority under Part 6 in
the municipality in respect of which they are designated.
RSA 2000 cE‑12
s146;2003 c37 s26;2006 c15 s17
Part 7
Potable Water
Definitions
147 In this Part,
(a) “disinfection”
means a process that has as its objective destroying or inactivating pathogenic
micro‑organisms in water;
(b) “person
responsible for a waterworks system” means
(i) the owner of the waterworks system,
(ii) the operator of the waterworks system,
(iii) the local authority that contracts to obtain potable water from
the waterworks system,
(iv) the local authority that grants a franchise for the supply of
potable water by the waterworks system,
(v) any successor, assignee, executor or administrator, receiver,
receiver‑manager or trustee of a person referred to in subclause (i),
(ii), (iii) or (iv), and
(vi) any person who acts as principal or agent of
a person referred to in subclause (i), (ii), (iii), (iv) or (v).
1992 cE‑13.3 s140
Release of substances
prohibited
148 No person shall release a substance or
permit the release of a substance into any part of a waterworks system
(a) that
causes or may cause the potable water supplied by the system to be unfit for
any of its intended uses, or
(b) that causes or may cause the concentration
of the substance or of any other substance in the potable water supplied by the
system to vary from the specified concentration for the substance set out in
any applicable approval or code of practice or the regulations.
RSA 2000 cE‑12
s148;2003 c37 s27
Duty of person
responsible
149 The person responsible for a
waterworks system shall ensure that the potable water supplied by the system
does not contain a substance in a concentration that varies from the specified
concentration for the substance set out in any applicable approval or the
regulations.
1992 cE‑13.3 s142
Environmental protection
order
150(1) Notwithstanding
that an approval or registration has been issued or that the approval holder is
in compliance with the terms and conditions of the approval or the registration
holder is in compliance with a code of practice, the Director may issue an
environmental protection order to the person responsible for a waterworks
system where the Director is of the opinion that the waterworks system is being
operated or maintained in a manner that
(a) may
cause, is causing or has caused the potable water supplied by that system to be
unfit for any of its intended uses, or
(b) may
cause, is causing or has caused the concentration of a substance in the potable
water supplied by that system to vary from the specified concentration for the
substance set out in any applicable approval or code of practice or the
regulations.
(2) An
environmental protection order may order the person responsible for the
waterworks system to take any or all of the following measures:
(a) to
construct, improve, extend or enlarge the waterworks system or any part of the
waterworks system or to install, replace, repair or alter any equipment or
thing relating to the waterworks system;
(b) to
operate or maintain the waterworks system according to any terms and conditions
that the Director considers necessary;
(c) to
take any other action the Director considers necessary to protect or restore the
quality of the potable water;
(d) to report on any matter relating to the
construction or operation of the waterworks system.
RSA 2000 cE‑12
s150;2003 c37 s28
Emergency environmental
protection order
151 Where an inspector, an
investigator or the Director is of the opinion that any potable water supplied
by a waterworks system may cause, is causing or has caused an immediate and
significant adverse effect on human life or health, the inspector, investigator
or Director may issue an environmental protection order to the person
responsible for the waterworks system directing the performance of emergency
measures that the inspector, investigator or Director considers necessary.
1992 cE‑13.3 s144
Emergency measures
152 Where an inspector, an
investigator or the Director is of the opinion that any potable water supplied
by a waterworks system may cause, is causing or has caused an immediate and
significant adverse effect on human life or health, the inspector, investigator
or Director may take any emergency measures the inspector, investigator or
Director considers necessary to protect human life or health.
RSA 2000 cE‑12
s152;2003 c37 s29
Ministerial regulations
153 The Minister may make regulations
(a) defining
“industrial development”, “municipal development”, “privately owned
development”, “watering point” and “private utility” for the purposes of this
Act;
(b) prescribing
substances for the purposes of this Part and providing for the establishment of
specified concentrations for those substances in potable water;
(c) prescribing
methods for determining the concentration of a substance in potable water;
(d) governing
the design, construction, maintenance or operation of
(i) any type of waterworks system or part of a waterworks system, or
(ii) any equipment, device or apparatus used in connection with any
type of waterworks system;
(e) governing
the purity of potable water;
(f) governing and prohibiting the manufacture,
sale or use of any equipment, process, chemical, substance or thing to be used
in the treatment or disinfection of potable water.
1992 cE‑13.3
s146;1994 c15 s51
Part 8
Hazardous Substances
and Pesticides
Definitions
154 In this Part,
(a) “apply”
includes deposit, add, emit and discharge;
(b) “certificate
of registration” means a certificate issued under the authority of the Pest Control Products Act (Canada) or
the Fertilizers Act (Canada)
indicating that a substance is registered under either of those Acts;
(c) “extermination”,
with respect to a pest, means the destruction, prevention or control of the
pest by means of a pesticide;
(d) “label”
means, with respect to a pesticide, a label within the meaning of the Pest Control Products Act (Canada) or
the Fertilizers Act (Canada);
(e) “sell” includes keep for sale, display for sale,
offer for sale and advertise for sale.
1992 cE‑13.3 s147
Division 1
Hazardous Substances and
Pesticides Generally
Storing and handling
155 A person who keeps, stores or
transports a hazardous substance or pesticide shall do so in a manner that ensures
that the hazardous substance or pesticide does not directly or
indirectly come into contact with or contaminate any
animals, plants, food or drink.
1992 cE‑13.3 s148
Environmental protection
order regarding contaminated matter
156 Where the Director is of the opinion that
any crop, food, feed, animal, plant, water, produce, product or other matter
has been or may be contaminated by a hazardous substance or pesticide, the
Director may issue an environmental protection order
(a) to
any person prohibiting or restricting, either permanently or for any length of
time the Director considers necessary, the sale, handling, use or distribution
of the crop, food, feed, animal, plant, water, produce, product or other
matter;
(b) to
any person ordering the crop, food, feed, animal, plant, water, produce,
product or other matter to be destroyed, decontaminated or otherwise rendered
harmless;
(c) to
any person requiring the replacement of the hazardous substance or pesticide
with another substance;
(d) to
the seller of the hazardous substance or pesticide requiring the seller to
accept the return of the hazardous substance or pesticide;
(e) to any person requiring the taking of any
other measures with regard to the hazardous substance or pesticide that the
Director considers appropriate in order to protect human life or health or the
environment.
1992 cE‑13.3 s149
Sale or distribution
prohibited
157 No person shall sell or distribute any
crop, food, feed, animal, plant, water, produce, product or other matter
(a) that
contains a hazardous substance or pesticide in excess of the permissible
concentrations as established by this Act, the Food and Drugs Act (Canada) or the Pest Control Products Act (Canada), or
(b) that the person knows or ought reasonably to
know has been contaminated by a hazardous substance or pesticide.
1992 cE‑13.3 s150
Environmental protection
order
158(1) Where the Director is of the opinion that the
manufacture, use, handling, transportation, storage, sale, disposal or
application of a hazardous substance or pesticide may cause, is causing or has
caused an adverse effect, the Director may, subject to subsection (2), issue an
environmental protection order to the person responsible for the hazardous
substance or pesticide.
(2) Where the manufacture, use, handling,
transportation, storage, sale, disposal or application of the hazardous
substance or pesticide is expressly authorized by an approval or registration,
the Director may issue an environmental protection order under subsection (1) only
if, in the Director’s opinion, the adverse effect was not reasonably
foreseeable at the time the approval or registration was issued.
1992 cE‑13.3
s151;1996 c17 s55
Contents of
environmental protection order
159 An environmental protection order under
section 158 may order the person to whom it is directed to do any or all of the
following:
(a) to
stop, limit or control the manufacture, application or release of the hazardous
substance or pesticide into the environment
(i) permanently, or
(ii) for a specified period of time
in the circumstances set
out in the environmental protection order;
(b) to
comply with any directions of the Director relating to the manner in which the
hazardous substance or pesticide or any thing in which the hazardous substance
or pesticide is or was contained may be used, handled, transported, stored,
sold, manufactured or disposed of;
(c) to comply with any directions of the
Director with regard to the clean‑up of the hazardous substance or
pesticide or the clean‑up or restoration of any site affected by the
hazardous substance or pesticide.
1992 cE‑13.3 s152
Emergency environmental
protection order
160 Where an inspector, an
investigator or the Director is of the opinion that an immediate and
significant adverse effect may occur, is occurring or has occurred as a result
of the manufacture, use, handling, transportation, storage, sale, disposal or
application of a hazardous substance or pesticide, the inspector, investigator
or Director may issue an environmental protection order to the person
responsible for the hazardous substance or pesticide directing the performance
of emergency measures that the inspector, investigator or Director considers
necessary.
1992 cE‑13.3 s153
Ministerial regulations
161 The Minister may make regulations
(a) generally,
for carrying out the purposes of this Part regarding information on and
assessment of hazardous substances;
(b) classifying
hazardous substances for the purposes of this Act;
(c) respecting
the quantity or concentration of a hazardous substance that may be released
into the environment either alone or in combination with any other substance
from any source;
(d) respecting
the manner and conditions under which a hazardous substance may be released
into the environment, either alone or in combination with any other substance;
(e) respecting
the manner in which and the conditions under which a hazardous substance may be
collected, stored, handled, treated, disposed of or transported or offered for
transport;
(f) requiring
and respecting the submission to the Minister of information relating to a
hazardous substance;
(g) respecting
the conducting of sampling, analyses, tests, measurements or monitoring of a
hazardous substance and the submission of the results to the Minister;
(h) requiring
and respecting the submission of samples of a hazardous substance to the
Minister;
(i) respecting
circumstances or conditions under which the Minister may, for the
administration of this Part, modify
(i) any requirement of the regulations for sampling, analyses, tests,
measurements or monitoring, or
(ii) the methods and procedures specified in the regulations for
conducting any required sampling, analyses, tests, measurements or monitoring;
(j) requiring manufacturers, distributors or
sellers to recall products or materials containing a hazardous substance.
1992 cE‑13.3
s154;1994 c15 s52
Lieutenant Governor in
Council regulations
162 The Lieutenant Governor in Council may
make regulations
(a) designating
anything as a hazardous substance for the purposes of this Act;
(b) respecting
the places or areas where a hazardous substance may be released into the
environment;
(c) respecting
commercial, manufacturing or processing undertakings in the course of which a
hazardous substance may be released into the environment;
(d) respecting
the quantity of a hazardous substance that may be imported into Alberta or that
may be manufactured, processed, used or sold;
(e) respecting
the purposes for which a hazardous substance or a product containing the
hazardous substance may be imported into Alberta or may be manufactured,
processed, used or sold;
(f) respecting
and prohibiting the importation into Alberta or the manufacturing, processing,
use or sale of a hazardous substance or a product containing a hazardous
substance;
(g) respecting
the quantity or concentration in which a hazardous substance may be used;
(h) respecting
the quantity or concentration of a hazardous substance that may be contained in
any product that is imported into Alberta or that is manufactured, processed,
used or sold;
(i) respecting
the packaging and labelling of a hazardous substance;
(j) providing for any other matter that is
necessary to carry out the purposes of this Part.
1992 cE‑13.3 s155
Division 2
Pesticides
Prohibitions re sale,
use and disposal
163(1) Subject to subsection (2), no person shall
(a) sell,
distribute, use, apply, handle, store or transport a pesticide,
(b) operate
or clean any machinery, equipment, vehicle, aircraft or vessel used in connection
with the sale, distribution, use, application, handling, storage or
transportation of a pesticide, or
(c) use
or clean a pesticide container
except in accordance
with the regulations with respect to that pesticide and the label for that
pesticide.
(2) If
there is a conflict between any applicable provision of the regulation and the
provision on the label referred to in subsection (1), the most stringent
provision prevails.
(3) No person shall dispose of a pesticide, a
mixture containing a pesticide, a thing that is treated or contaminated with a
pesticide or a container that has been used to hold a pesticide in a manner
other than the manner prescribed in the regulations.
1992 cE‑13.3
s156;1996 c17 s37
Information on
alternatives
164 Where under the regulations an
approval or registration is required in respect of the use or application of a
pesticide, the Director may require the applicant for the approval or
registration to submit information justifying the use or application of the
pesticide where, in the opinion of the Director, there are alternative pest
control methods that could be used.
1992 cE‑13.3
s157;1996 c17 s55
Ministerial regulations
165 The Minister may make
regulations classifying pesticides for the purposes of this Part and the
regulations under section 166.
1992 cE‑13.3 s158
Lieutenant Governor in
Council regulations
166 The Lieutenant Governor in Council may
make regulations
(a) designating
substances as pesticides for the purposes of this Act;
(b) governing
and prohibiting the sale, use, application, distribution, packaging, storage,
handling and transportation of pesticides;
(c) requiring
that any pesticide be registered before being sold, supplied or used and
respecting the manner in which those
pesticides are to be registered;
(d) respecting
the submission to the Minister of information relating to pesticides;
(e) respecting
and prohibiting the importation of a pesticide into Alberta, whether or not the
pesticide is registered under the Pest
Control Products Act (Canada) or under the laws of another jurisdiction;
(f) prescribing
the forms of notices to be given and the procedures to be followed in
(i) the carrying out of exterminations in buildings, structures or
vehicles, and
(ii) the carrying out of any activity respecting the application of a
pesticide for which an approval or registration is required;
(g) respecting
the labelling of pesticides and pesticide containers;
(h) respecting
containers for pesticides, other than containers in which pesticides are sold
or offered for sale;
(i) governing
signs, markings or other identification to be used
(i) on vehicles, aircraft, vessels, machinery and equipment used in
pesticide application, in extermination or in the transportation of pesticides,
and
(ii) on facilities or places used to store pesticides;
(j) respecting
the use, operation and cleaning of vehicles, aircraft, vessels, machinery,
equipment and containers used in connection with the use, application,
distribution, packaging, storage, handling or transportation of pesticides;
(k) regulating
the construction of any enclosed space in which movable property may be placed
for storage during the period of pesticide application and extermination and
airing out;
(l) respecting
the records to be kept by persons responsible for the transportation of
pesticides in or on a vehicle operated on a highway;
(m) respecting
the minimization of pesticide waste and the recycling of pesticide containers;
(n) respecting
the disposal of
(i) pesticide waste that is not designated as hazardous waste,
(ii) pesticides, mixtures containing pesticides and things that are
treated with or contaminated by a pesticide, and
(iii) packaging, containers and equipment used in connection with a
pesticide;
(o) providing
for any other matter that is necessary to carry out the purpose of this Part as
it relates to pesticides;
(p) exempting any person, land, water or thing
or class of person, land, water or thing from the application of sections 163
and 164 or the regulations under this Division.
1992 cE‑13.3
s159;1996 c17 s55
Adoption of federal
requirements
167 Regulations under section 166
may adopt any or all of the requirements prescribed by the Pest Control Products Act (Canada) and the regulations under that
Act as the requirements for the purposes of this Part in respect of the
labelling, selling, handling, use, transportation and storage of pesticides.
1992 cE‑13.3 s160
Part 9
Waste Minimization, Recycling
and Waste Management
Division 1
Waste Minimization and Recycling
Definitions
168 In this Part,
(a) “depot”
means a place established, operated as a business or used by any person for the
collection of designated material;
(b) “dispose
of” in sections 176 to 182 includes discharge, deposit, dump, throw, drop,
discard, abandon, spill, leak, pump, pour, emit or empty;
(c) “industry
operated recycling fund” means a fund established in regulations under section
175(aa);
(d) “packaging”
means a container in which a commodity is sold and includes, but is not limited
to, a wrapper, bag, box, tray, bottle or can;
(e) “public
land” means land of the Government, other than
(i) a highway,
(ii) land in an improvement district that is administered by the
Minister responsible for the Municipal
Government Act, and
(iii) land in a special area that is administered by the Minister
responsible for the Special Areas Act;
(f) “recycle
docket” means a register or label respecting the contents of a shipment of a
hazardous recyclable made in accordance with the regulations;
(g) “Recycling
Fund” means the Recycling Fund established under section 171;
(h) “retailer”
means
(i) a person who sells a designated material in Alberta, and
(ii) any other person who provides a designated material for use in
Alberta and is defined in the regulations as a retailer,
and includes anyone acting
or purporting to act on behalf of such a person;
(i) “surcharge”
means surcharge as defined in the regulations;
(j) “unsightly
property” means any property on which there is waste that causes the property
to look unsightly;
(k) “waste”
means, for the purposes of sections 178 to 183 and section 187,
(i) any solid or liquid material or product or combination of solid
or liquid material or product, including, but not limited to,
(A) rubbish, refuse, garbage, paper, packaging,
containers, bottles, cans, manure, human or animal excrement, sewage or the
whole or a part of an animal carcass, or
(B) the whole or part of any article, raw or
processed material, vehicle or other machinery that is disposed of
and
(ii) any other thing that is designated as waste in the regulations;
(l) “waste minimization” means waste
minimization within the meaning of the regulations.
1992 cE‑13.3
s161;1994 cM‑26.1 s642(22);
1994 c15 s53;1996 c17 s38;1998 c15 s16
Prohibition
169 No person shall consign for shipment any
hazardous recyclable unless
(a) the
hazardous recyclable is accompanied with a recycle docket, and
(b) the hazardous recyclable is being consigned
to a facility that is authorized under this Act to recycle that hazardous
recyclable.
1992 cE‑13.3
s162;1996 c17 s55;1998 c15 s17
Surcharge for designated
material
170 A person who manufactures or distributes
a designated material for sale in Alberta and a retailer shall
(a) collect
the surcharge prescribed for the designated material in accordance with the
regulations, and
(b) where
the regulations require it, deposit the surcharge in
(i) an industry operated recycling fund, or
(ii) the Recycling Fund.
1992 cE‑13.3 s163
Recycling Fund
171(1) There is hereby established the Recycling Fund,
which shall be used to provide or pay for any or all of the following:
(a) establishing
and administering waste minimization and recycling programs and initiatives;
(b) education
programs related to waste minimization and recycling;
(c) research
and development activities related to waste minimization and recycling;
(d) the
promotion and development of activities and economic instruments to encourage
waste minimization;
(e) the
appropriate disposal of designated material as waste.
(2) The
Recycling Fund must be administered by the Minister in accordance with this
Act.
(3) The
following must be paid into the Recycling Fund:
(a) the
surcharges on designated material, as provided for in the regulations;
(b) gifts,
donations and bequests to the Fund.
(4) The
Minister may be a participant under section 40 of the Financial
Administration Act on behalf of the Recycling Fund.
(5) Investment
income earned on deposits of the Recycling Fund accrues to and forms part of
the Fund.
(6) Where surcharges have been paid into the
Recycling Fund in respect of a designated material and an industry operated
recycling fund is established afterwards in respect of that designated
material, the Minister may transfer from the Recycling Fund to the industry
operated recycling fund an amount equal to the surcharges so paid plus accrued
interest.
RSA 2000 cE‑12
s171;2004 c7 s19
Industry operated
recycling funds
172(1) Where
(a) an
industry operated recycling fund is established in respect of a designated
material,
(b) a
management board or other body is established and charged with the
administration of the fund under the regulations, and
(c) the
management board or other body is a Provincial corporation within the meaning
of the Financial Administration Act,
the fund shall be used
as provided in subsection (2).
(2) If
subsection (1) applies, the fund shall be used to provide or pay for any or all
of the following:
(a) establishing
and administering a waste minimization and recycling program for the designated
material;
(b) education
programs for the purposes of the waste minimization and recycling program;
(c) expenditures
incurred in the collection, transportation, storage, processing and disposal of
the designated material for the purposes of the waste minimization and
recycling program;
(d) research
and development activities related to waste minimization and recycling in
respect of the designated material;
(e) promotion
and development for marketing the products resulting from recycling the designated
material.
(3) The
following shall be paid into an industry operated recycling fund:
(a) the
surcharges, as provided for in the regulations;
(b) gifts,
donations and bequests to the fund.
(4) The
management board or other body referred to in subsection (1) may be a
participant under section 40 of the Financial Administration Act on
behalf of the industry operated recycling fund.
(5) Investment
income earned on deposits of an industry operated recycling fund accrues to and
forms part of the fund.
(6) Salaries, fees and other overhead costs
incurred in the administration of an industry operated recycling fund shall be
paid out of the fund.
RSA 2000 cE‑12
s172;2004 c7 s19
Collection and recovery
of designated material
173 A person who manufactures or distributes a
designated material for sale in Alberta and a retailer shall, in accordance
with the regulations, provide in Alberta depots and other methods for the
collection and recovery of the designated material.
1992 cE‑13.3 s166
Security
174(1) If required by the regulations, a manufacturer
or distributor of a designated material for sale in Alberta and a retailer
shall provide financial or other security and carry insurance in respect of its
operations in Alberta related to the manufacture, distribution or sale of the
designated material.
(2) Subsection (1) does not apply to the Government
or a Government agency.
1992 cE‑13.3 s167
Lieutenant Governor in
Council regulations
175 The Lieutenant Governor in Council may make
regulations
(a) further
defining “retailer” and defining “waste minimization” for the purposes of this
Division;
(b) designating
designated material for the purposes of this Act and creating different classes
of designated material for different purposes;
(c) prohibiting
the manufacture, sale or distribution of specified designated material;
(d) providing
for a system of registration of persons who distribute or wish to distribute a
designated material in Alberta and retailers, and respecting requirements for
registration and all matters related to the system of registration;
(e) respecting
terms and conditions that must be met by a person in order to distribute a
designated material in Alberta and a retailer;
(f) respecting
the form and amount of financial or other security to be given and insurance to
be carried by a manufacturer or distributor of designated material for sale in
Alberta or by a retailer;
(g) respecting
the manner in which and the conditions under which any security given by a
manufacturer or distributor of designated material for sale in Alberta or by a
retailer may be forfeited or returned, in whole or in part;
(h) requiring
the development and implementation of a waste minimization, recycling or
recovery plan for designated material by manufacturers or distributors of the
designated material or by any other person;
(i) requiring
that designated material be recycled;
(j) respecting
methods for the recovery of designated material;
(k) respecting
surcharges for the purposes of sections 170, 171 and 172, including, without
limitation, regulations establishing or providing for the manner of
establishing the classes of designated material for which surcharges are
payable, prescribing the amount of a surcharge or the method of determining it
and providing for the manner in which and the times at which surcharges are to
be collected, paid or refunded;
(l) respecting
the advertising of surcharges;
(m) requiring
manufacturers, distributors or retailers of designated material to collect the
designated material and specifying the manner in which the collection is to be
carried out;
(n) requiring
a local authority to provide a collection system for designated material;
(o) respecting
the manner in which designated material is to be stored, collected, transported,
processed, recycled and disposed of;
(p) respecting
the establishment and operation of depots, including the qualifications of
persons who may operate them;
(q) respecting
the amount and kind of designated material a retailer is required to accept at the
retailer’s place of business for recycling;
(r) specifying
designated material for which payment must be made by a retailer or depot
operator on its return for recycling;
(s) requiring
a retailer or depot operator to pay for designated material returned for
recycling;
(t) specifying
the amount that a retailer or depot operator is to pay for designated material
returned for recycling;
(u) requiring
manufacturers or distributors to pay depot operators and retailers in respect
of the collection of designated material and prescribing the amount of the
payments or the manner in which they are to be calculated;
(v) authorizing
and respecting the payment of fees or commissions to manufacturers,
distributors and retailers in respect of the collection, transportation,
storage, processing, recycling and disposal of designated material;
(w) respecting
the completion, filing, retention, use and disposition of recycle dockets for
the purposes of section 169, and of any other documents used under this
Division;
(x) exempting
any person from the application of all or part of section 169;
(y) requiring
the keeping of records in respect of designated material and surcharges,
including who must keep them and the manner in which they must be kept and what
they must contain, requiring the submission of those records to the Director
and providing for the inspection of those records by the Director;
(z) respecting
the provision of information, reports and returns in respect of designated
material and surcharges, including what information, reports and returns must
be provided, who must provide them, the person to whom they must be provided
and the manner in which and the times at which they must be provided;
(aa) respecting
the establishment, operation, transfer and winding‑up of industry
operated recycling funds and respecting the manner in which and the purposes
for which money in such a fund may be used;
(bb) prohibiting
the distribution of a designated material where no industry operated recycling
fund has been established in respect of that designated material;
(cc) governing
the packaging and labelling of designated material;
(dd) governing
the post‑consumer waste content of commodities;
(ee) respecting
and prohibiting the use of packaging materials including, without limitation,
regulations
(i) imposing requirements on manufacturers and distributors of
commodities with respect to the type, size and composition of packaging that
may or must be used and with respect to the disposal of packaging,
(ii) to reduce or mitigate the adverse effects created by packaging,
(iii) to establish measures to encourage source reduction and reuse and
recycling of packaging, and
(iv) to establish standards and codes with respect to packaging and
labelling of commodities;
(ff) designating
any thing as a hazardous recyclable for the purposes of this Act, including
designating classes of hazardous recyclables;
(gg) respecting
the design, location, establishment, construction, operation and reclamation of
facilities for recycling hazardous recyclables;
(hh) respecting
the importation, storage, collection, transportation, treatment and recycling
of hazardous recyclables;
(ii) respecting
the recycling of hazardous recyclables and how hazardous recyclables are to be
dealt with when they are no longer recyclable and must be treated as hazardous
waste;
(jj) providing
for the establishment of a management board or other body, whether as a
corporation or otherwise, for any purpose in connection with a regulation under
this section;
(kk) authorizing a management board or other body
established under regulations under clause (jj) to make bylaws, and respecting
the subject‑matters on which those bylaws may be made.
1992 cE‑13.3
s168;1994 c15 s54;1996 c17 s39;1998 c15 s18
Division 2
Waste
General prohibition
176 No person shall dispose of waste except
(a) at
a waste management facility, or in a container the contents of which will be
taken to a waste management facility, that is the subject of the appropriate
approval, registration or notice required under this Act, or
(b) in accordance with the written authorization
of the Director.
1996 c17 s40;1998 c15
s19
Deemed disposal
177 For the purposes of sections
178 to 182, waste is deemed to be disposed of on public land, on a highway, on
land owned or administered by a local authority, on land owned by another
person or on, into or under water or ice, as the case may be, if the waste is
in another location and by natural forces moves or is moved to the public land,
highway, land owned or administered by the local authority, land owned by
another person or on, into or under the water or ice.
1998 c15 s20
Waste on public land
178 No person shall dispose of waste on
public land except
(a) in
a container placed for the purpose of collecting it, or
(b) in accordance with the Forest and Prairie Protection Act, the regulations under that Act
and the regulations under this Act.
1992 cE‑13.3 s169
Waste on highways
179(1) No person shall dispose of waste on a highway
except in a container placed for the purpose of collecting it.
(2) No
person shall transport waste in or on a vehicle on a highway unless the waste
is adequately contained, secured or covered to prevent it from falling off or
being blown off the vehicle while being transported.
(3) If
waste is disposed of from a vehicle other than a bus or taxi and it cannot be
determined which of 2 or more occupants of the vehicle transporting the waste
is responsible for the disposal, the operator of the vehicle is deemed to be
the person who disposed of the waste.
(4) If waste is disposed of from a vehicle other
than a bus or taxi and it cannot be determined who is the operator of the
vehicle transporting the waste, the owner of the vehicle is deemed to be the
person who disposed of the waste unless the owner proves to the satisfaction of
a court that at the time of the offence the vehicle was not being operated or
parked or left by the owner or by any other person with the owner’s consent,
express or implied.
1992 cE‑13.3 s170
Waste on land owned by
local authority
180 No person shall dispose of waste on any
land owned or administered by a local authority except
(a) at
a waste management facility that is constructed and operated in accordance with
this Act,
(b) through
a refuse disposal system established by a local authority,
(c) in
a container placed for the purpose of collecting waste,
(d) by
burning the waste
(i) in accordance with a permit, licence or other consent issued by a
local authority, or
(ii) pursuant to an approval or registration under this Act,
or
(e) in any other manner specified in the
regulations.
1992 cE‑13.3
s171;1996 c17 s41
Waste on water or ice
181 No person shall dispose of
waste on, into or under water or ice except in accordance with an approval, a
code of practice or a registration or as otherwise provided for under this Act.
RSA 2000 cE‑12
s181;2003 c37 s30
Waste on another person’s land
182 No person shall dispose of
waste on any land owned by another person unless the owner of that land agrees
to the disposal of the waste on the land.
1992 cE‑13.3 s173
Environmental protection
order to clean up unsightly property
183(1) If an inspector or investigator considers any
property when viewed from a highway to be unsightly property, the inspector or
investigator may issue an environmental protection order to clean up the
unsightly property.
(2) The
environmental protection order shall be directed to
(a) the
registered owner, or
(b) the
person in control
of the property that
is the subject of the environmental protection order.
(3) The
environmental protection order may require the person to whom it is directed to
do any or all of the following within a period of time specified in the order,
which must not be more than 60 days from the date of the making of the order:
(a) remedy
the condition of the property in the manner and to the extent directed in the
order;
(b) demolish
or remove any waste causing or contributing to the unsightliness of the
property;
(c) construct
any thing to prevent the property from being visible from a highway;
(d) do any other thing to remedy the
unsightliness of the property.
1992 cE‑13.3
s174;1994 c15 s55
Liability of local
authority for costs of cleaning up
184(1) When an environmental protection order under
section 183 is issued in respect of land that is located in a municipality and
the person to whom it is directed fails to comply with the order, the Director
may, in writing, direct the local authority of that municipality to perform any
work required under the order.
(2) When
expenses are incurred by a local authority for any work performed as a result
of a direction by the Director under subsection (1), the local authority may
serve a statement of the expenses, together with a demand for payment,
(a) in
the case of occupied land, on the occupant and on the registered owner of the
land, or
(b) in
the case of unoccupied land, on the registered owner of the land.
(3) A copy of the statement of expenses and demand
for payment that is served pursuant to subsection (2) shall be served on the
council of the local authority in a case where the local authority is a city,
town, village, summer village or municipal district or a settlement under the Metis Settlements Act.
1992 cE‑13.3
s175;1994 cM‑26.1 s642(22);1995 c24 s99(4)
Collection of expenses
as taxes
185 If the person on whom the
statement of expenses and demand for payment are served fails to pay the amount
set out in the statement within 30 days, the local authority may cause the
amount paid by it to be placed on the tax roll as an additional tax against the
land concerned and the amount may be collected in the same manner as taxes are
collected.
1992 cE‑13.3 s176
Review of environmental
protection order to clean up
186(1) Where an environmental protection order is
issued under section 183, the person to whom the order is directed may submit a
request to the local authority of the municipality in which the property is
located for a review of the order.
(2) A
request for review must be made in writing within 21 days after the date the
person requesting the review receives the order.
(3) A
request for review shall be heard by a committee appointed by
(a) the
Minister responsible for the Municipal
Government Act, where the land concerned is located in an improvement
district,
(b) the
Minister responsible for the Special
Areas Act, where the land concerned is located in a special area, or
(c) the
council of the local authority where the land concerned is located in a
municipality that is a city, town, village, summer village or municipal
district or a settlement under the Metis
Settlements Act.
(4) A
committee appointed under subsection (3)(c) must include at least one elected
member of the council of the local authority referred to in subsection (3)(c).
(5) The committee may confirm, rescind or vary the
order reviewed.
1992 cE‑13.3
s177;1994 cM‑26.1 s642(22);1995 c24 s99(4)
Lieutenant Governor in
Council regulations
187 The Lieutenant Governor in Council may
make regulations
(a) designating
anything as waste and exempting anything from the definition of waste;
(b) respecting
the provision of waste collection containers;
(c) respecting
the collection, storage, treatment or disposal of waste on, into or under land,
water or ice;
(d) respecting
the procedure relating to requests for review of environmental protection
orders under section 183 to clean up unsightly property and the conduct of the
review;
(e) respecting
the design, location, establishment, construction, operation and reclamation of
waste management facilities;
(f) exempting any person from the application of
all or any of the provisions of this Division or the regulations under this
Division.
1992 cE‑13.3
s178;1996 c17 s43;1998 c15 s21
Division 3
Hazardous Waste
Identification number
required for hazardous waste
188(1) No person shall
(a) generate
hazardous waste and permit that hazardous waste to leave the premises where it
was generated,
(b) collect
hazardous waste from the premises referred to in clause (a),
(c) consign
or transport hazardous waste, or
(d) accept
hazardous waste for transportation, treatment or disposal, or store or provide
storage facilities for hazardous waste where the hazardous waste is generated
by another person,
unless the person
first referred to or that person’s employer has been issued a personal
identification number by the Director.
(2) An application for a personal identification
number must be made in the form and manner provided for in the regulations.
1992 cE‑13.3 s179
Refusal
for unpaid debts
188.1 The Director may
refuse to issue a personal identification number where the applicant is
indebted to the Government.
2002
c4 s1
Security
189(1) If required by the regulations, the holder of a
personal identification number shall provide financial or other security and
carry insurance.
(2) Subsection (1) does not apply to the Government
or a Government agency.
1992 cE‑13.3
s180;1994 c15 s56
Cancellation or
suspension of personal identification number
190 The Director may cancel or suspend
a personal identification number
(a) if the holder of the personal identification
number is indebted to the Government, or
(b) if for any other reason the Director
considers it appropriate to do so.
RSA 2000 cE‑12
s190;2002 c4 s1
Manifest required for
hazardous wastes
191 No person shall consign or transport or
accept for transportation, storage, treatment or disposal any hazardous waste
unless the waste is accompanied with a manifest that
(a) is
completed in accordance with the regulations,
(b) accurately
identifies the quantity, composition and points of origin and destination of
the hazardous waste, and
(c) contains the personal identification number
of each person consigning, transporting or accepting the waste.
1992 cE‑13.3 s182
Disposal of hazardous
waste
192 No person shall dispose of
hazardous waste except in accordance with an approval, a code of practice or a
registration or as otherwise provided for under this Act.
RSA 2000 cE‑12
s192;2003 c37 s31
Lieutenant Governor in
Council regulations
193 The Lieutenant Governor in Council may
make regulations
(a) exempting
any person from the application of all or any of the provisions of this
Division or the regulations under this Division;
(b) designating
any thing as hazardous waste for the purposes of this Act, including designating
classes of hazardous waste;
(c) respecting
the design, location, establishment, construction, operation and reclamation of
a facility for the storage, collection, treatment or disposal of hazardous waste;
(d) respecting
the importation, storage, collection, transportation, treatment and disposal of
hazardous waste;
(e) respecting
the application for and the issuance of personal identification numbers for the
purposes of section 188;
(f) respecting
the form and amount of financial or other security to be given and insurance to
be carried by a holder of a personal identification number;
(g) respecting
the manner in which and the conditions under which any security given by the
holder of a personal identification number may be forfeited or returned, in
whole or in part;
(h) respecting the completion, retention, use,
disposition and filing of manifests and copies of manifests, and prescribing
the form of the manifest.
1992 cE‑13.3
s183;1994 c15 s57;1996 c17 s45
Part 10
Enforcement
Definitions
194 In this Part,
(a) “justice”
means a justice of the peace or a provincial court judge, and includes 2 or
more justices where 2 or more justices are, by law, required to act or, by law,
act or have jurisdiction;
(b) “loss
or damage” includes personal injury, loss of life, loss of use or enjoyment of
property and pecuniary loss, including loss of income;
(c) “order
to enter and inspect” means an order issued under section 201;
(d) “peace
officer” means peace officer within the meaning of the Police Act;
(e) “search warrant” means a search warrant
issued by reason of the operation of section 3 of the Provincial Offences Procedure Act.
1992 cE‑13.3 s184
Investigations and
Inspections
Establishment of
programs by Minister
195 The Minister may establish programs to
promote the reporting of
(a) acts
or omissions that are detrimental to the environment, and
(b) offences under this Act.
1992 cE‑13.3 s185
Application for
investigation
196(1) Any 2 persons ordinarily resident in Alberta
who are not less than 18 years of age and who are of the opinion that an
offence has been committed under this Act may apply to the Director to have an
investigation of the alleged offence conducted.
(2) The
application shall be accompanied with a solemn declaration
(a) stating
the names and addresses of the applicants,
(b) stating
the nature of the alleged offence and the name of each person alleged to be
involved in its commission, and
(c) containing a concise statement of the
evidence supporting the allegations of the applicants.
1992 cE‑13.3 s186
Investigation on receipt
of application
197(1) On receipt of an application under section 196,
the Director shall acknowledge receipt of the application and shall investigate
all matters that the Director considers necessary for a determination of the
facts relating to the alleged offence.
(2) Within
90 days after receiving the application, the Director shall report to the
applicant on the progress of the investigation and the action, if any, proposed
to be taken in respect of the alleged offence.
(3) The
Director may discontinue an investigation if the Director is of the opinion
that the alleged offence does not require further investigation.
(4) Where
an investigation is discontinued, the Director shall
(a) prepare
a statement in writing stating the reasons for its discontinuance, and
(b) send a copy of the statement to the
applicants and to any person whose conduct was investigated.
1992 cE‑13.3 s187
Right of entry and
inspection
198(1) For the purpose of the administration of this
Act, an investigator may, without a search warrant or order to enter and
inspect and subject to section 199, at any reasonable time do any or all of the
following:
(a) enter
and inspect any place to determine
(i) the extent, if any, to which a substance may cause, is causing or
has caused an adverse effect,
(ii) the cause of any adverse effect that may occur, is occurring or
has occurred, and
(iii) how an adverse effect may be prevented, eliminated or ameliorated
and the environment protected or restored;
(b) enter
and inspect any place in which the investigator reasonably believes waste can
be found;
(c) enter
and inspect any place in or from which the investigator reasonably believes a
substance is being, has been or may be released into the environment;
(d) enter
and inspect any place that the investigator reasonably believes is likely to
contain documents related to
(i) an activity or thing that is, or is required to be, the subject
of an approval, code of practice, registration, certificate of variance,
reclamation certificate, remediation certificate, environmental protection
order or enforcement order, or
(ii) the release of a substance into the environment;
(e) enter
and inspect any place that the investigator reasonably believes is, or is
required to be, the subject of or referred to in an approval, code of practice,
registration, certificate of variance, reclamation certificate, remediation
certificate, environmental protection order or enforcement order;
(f) stop
and inspect any vehicle, aircraft or vessel that the investigator reasonably
believes
(i) is being operated in contravention of this Act,
(ii) is releasing or has released a substance that causes or is likely
to cause an adverse effect, or
(iii) is being used in the commission of an offence under this Act;
(g) stop
and inspect any vehicle, aircraft or vessel to ascertain whether it or the
manner in which it is being operated complies with this Act;
(h) where
any thing may release, is releasing or has released into the environment a
substance that may cause, is causing or has caused an adverse effect,
(i) require the person having charge, management or control of the
thing to detain the thing at the place where it is found, or
(ii) remove the thing or cause it to be removed from the place where
it is found and give a receipt for it;
(i) require
the production of any documents that are required to be kept under this Act or
any other documents that are related to the purpose for which the investigator
is exercising any power under clauses (a) to (h).
(2) An
investigator may not detain or remove a thing under subsection (1)(h) for more
than 5 days, excluding holidays, without the consent of the person having
charge, management or control of it or the owner of it, except under the
authority of an order issued under subsection (3).
(3) Where
a justice is satisfied on evidence under oath by an investigator that there is
reasonable ground to believe that a thing detained or removed under subsection
(1)(h) should be detained or removed for longer than 5 days, excluding
holidays, to protect or conserve the environment, the justice may issue or
renew an order authorizing an investigator to detain or remove the thing for
the period of time set out in the order.
(4) An
investigator who applies for an order under subsection (3) shall give
reasonable notice of the application to the person having charge, management or
control of the thing to be detained or removed or the owner of it.
(5) In
the course of exercising powers under subsection (1), the investigator may do
any or all of the following:
(a) require
that any thing be operated, used or set in motion under conditions specified by
the investigator;
(b) use
any machine, structure, material or equipment in the place the investigator is
inspecting in order to carry out the inspection;
(c) take
samples of any substance or thing;
(d) conduct
tests or take measurements;
(e) make
copies of or take extracts from any documents referred to in subsection (1)(i);
(f) use
any computer system at any place to examine any data contained in or available
to the computer system;
(g) record
or copy any information by any method;
(h) reproduce
any record from data in the form of a printout or other intelligible output;
(i) take
a printout or other output for examination or copying;
(j) use
any copying equipment to make copies;
(k) take
any photographs or audio‑video records;
(l) make
reasonable inquiries of any person, orally or in writing.
(6) An
investigator may remove documents that the investigator is entitled to examine or copy or otherwise
reproduce but shall give a receipt to the person from whom they were taken and
shall promptly return them on completion of the examination.
(7) An investigator who exercises the power set out
in subsection (5)(l) may exclude from the questioning any person except counsel
for the individual being questioned.
RSA 2000 cE‑12
s198;2003 c37 s32
Private dwelling place
199 An investigator may not enter a private
dwelling place or any part of a place that is designed to be used and is being
used as a permanent or temporary private dwelling place except
(a) with
the consent of the occupant of the place, or
(b) under the authority of an order to enter and
inspect or a search warrant.
1992 cE‑13.3 s189
Duty to stop a vehicle
or vessel
200 The operator of a vehicle or
vessel shall stop the vehicle or vessel when required to do so by an
investigator who is readily identifiable as an investigator.
1992 cE‑13.3 s190
Order to enter and
inspect
201(1) Where a justice is satisfied on evidence under
oath by an investigator
(a) that
there is reasonable ground for believing that it is appropriate for the
administration of this Act for the investigator to do anything set out in
section 198, and
(b) that
the investigator may not be able to effectively carry out duties under this Act
without an order under this section because
(i) no person is present to grant access to a place that is locked or
is otherwise inaccessible,
(ii) a person has denied the investigator access to a place or there
is reasonable ground for believing that a person may deny the investigator
access to a place,
(iii) a person has prevented the investigator from doing anything set
out in section 198 or denied the investigator access to any thing as a result
of which the investigator is unable to do anything set out in section 198,
(iv) there is reasonable ground for believing that a person may
prevent an investigator from doing anything set out in section 198, or may deny
the investigator access to any thing as a result of which the investigator may
be unable to do anything set out in section 198,
(v) it is impractical, because of the remoteness of the place to be
inspected or because of any other reason, for the investigator to obtain an
order under this section without delay if access is denied, or
(vi) there is reasonable ground for believing that an attempt by the
investigator to do anything set out in section 198 without the order might
defeat the purpose of that section or endanger human life or health or the
environment,
the justice may issue
an order to enter and inspect authorizing the investigator to do anything set
out in section 198 that is specified in the order for the period of time set
out in the order.
(2) The
period of time referred to in subsection (1) may not extend beyond 30 days
after the date on which the order is made, but the order may be renewed for any
reason set out in subsection (1) for one or more periods each of which is not
more than 30 days.
(3) An application under subsection (2) may be made
before or after the expiry of the period.
1992 cE‑13.3 s191
Order without notice
202 An order under section 201 may
be issued or renewed on application without notice.
1992 cE‑13.3 s192
Powers to be exercised
at reasonable time
203 An investigator exercising
powers under section 201 must do so at a reasonable time unless otherwise
authorized in the order under that section.
1992 cE‑13.3 s193
Seizure without order or
search warrant
204(1) An investigator may, without a court order or a
search warrant, seize any thing that is produced to the investigator, or that
is in plain view, during an inspection under section 198 or 201 if the
investigator has reasonable grounds to believe that there has been an offence
committed under this Act and that the thing will afford evidence as to the
commission of the offence.
(2) The
investigator may remove the thing seized or may detain it in the place where it
is seized.
(3) The investigator shall inform the person from
whom the thing was seized as to the reason for the seizure and shall give the
person a receipt for it.
1992 cE‑13.3 s194
Bringing seized thing
before judge
205 An investigator who seizes any
thing under the authority of section 204 shall deal with it in the same way as
if it were seized under the authority of a search warrant.
1992 cE‑13.3 s195
Tele‑warrant
206(1) Where an investigator has reasonable grounds to
believe that
(a) an
offence has been committed under this Act,
(b) there
is in a place any thing that will afford evidence as to the commission of the
offence, and
(c) it
would be impracticable to appear personally before a justice to make an
application for a search warrant,
the investigator may
submit an information on oath to a justice by telephone or other means of
telecommunication.
(2) An
information submitted by telephone or other means of telecommunication shall be
on oath and shall be recorded verbatim by the justice, who shall, as soon as
practicable, cause to be filed with the clerk of The Provincial Court of
Alberta nearest to the area in which the tele‑warrant is intended for
execution the record or a transcription of the record certified by the justice
as to time, date and contents.
(3) For
the purposes of subsection (2), an oath may be administered by telephone or
other means of telecommunication.
(4) An
information on oath submitted by telephone or other means of telecommunication
shall include
(a) a
statement of the circumstances that make it impracticable for the investigator
to appear personally before a justice,
(b) a
statement of the alleged offence, the place to be searched and the things
alleged to be liable to seizure,
(c) a
statement of the investigator’s grounds for believing that things liable to
seizure in respect of the alleged offence will be found in the place to be
searched, and
(d) a
statement as to any prior application for a tele‑warrant under this
section or any other search warrant in respect of the same matter of which the
investigator has knowledge.
(5) A
justice who is satisfied that an information on oath submitted by telephone or
other means of telecommunication
(a) is
in respect of an offence committed under this Act and conforms to the
requirements of subsection (4),
(b) discloses
reasonable grounds for dispensing with an information presented personally and
in writing, and
(c) discloses
reasonable grounds for the issuance of a search warrant in respect of the
offence,
may issue a tele‑warrant
to an investigator conferring the same authority respecting search and seizure
as may be conferred by a search warrant issued by a justice before whom the
investigator appears personally, and may require that the tele‑warrant be
executed within any time period that the justice may order.
(6) Where
a justice issues a tele‑warrant under subsection (5),
(a) the
justice shall complete and sign the tele‑warrant in the form prescribed
in the regulations, noting on its face the time, date and place of issuance,
(b) the
investigator, on the direction of the justice, shall complete, in duplicate, a
facsimile of the tele‑warrant in the form prescribed in the regulations,
noting on its face the name of the issuing justice and the time, date and place
of issuance, and
(c) the
justice shall, as soon as practicable after the tele‑warrant has been
issued, cause the tele‑warrant to be filed with the clerk of The
Provincial Court of Alberta nearest to the area in which the tele‑warrant
is intended for execution.
(7) An
investigator who executes a tele‑warrant under subsection (5) shall,
before entering the place to be searched or as soon as is practicable after
entry, give a facsimile of the tele‑warrant to any person present and
ostensibly in control of the place.
(8) An
investigator who, in any unoccupied place, executes a tele‑warrant issued
under subsection (5), shall on entering the place or as soon as is practicable
after entry, cause a facsimile of the tele‑warrant to be suitably affixed
in a prominent place within the place.
(9) An
investigator to whom a tele‑warrant is issued under subsection (5) shall
file a written report with the clerk of The Provincial Court of Alberta nearest
to the area in which the tele‑warrant was intended for execution as soon
as is practicable but within a period not exceeding 7 days after the tele‑warrant
has been executed, which report shall include
(a) a
statement of the time and date the tele‑warrant was executed, or if the
tele‑warrant was not executed, a statement of the reasons why it was not
executed,
(b) a
statement of the things, if any, that were seized pursuant to the tele‑warrant
and the location where they are being held, and
(c) a
statement of the things, if any, that were seized in addition to the things
mentioned in the tele‑warrant and the location where they are being held,
together with a statement of the investigator’s grounds for believing that
those additional things had been obtained by, or used in, the commission of an
offence.
(10) The
clerk of The Provincial Court of Alberta with whom a written report is filed
pursuant to subsection (9) shall, as soon as is practicable, cause the report,
together with the information on oath and the tele‑warrant to which it
pertains, to be brought before a justice to be dealt with in respect of any
thing that was seized and is referred to in the report, in the same manner as
if the things were seized pursuant to a search warrant issued by a justice on
an information presented personally by an investigator.
(11) In any proceeding in which it is material for a
court to be satisfied that a search or seizure was authorized by a tele‑warrant
issued under subsection (5), the absence of the information on oath,
transcribed and certified by the justice as to time, date and contents, or of
the original tele‑warrant, signed by the justice and carrying on its face a notation of the time, date and
place of issuance, is, in the absence of evidence to the contrary, proof that
the search or seizure was not authorized by a tele‑warrant issued under
subsection (5).
1992 cE‑13.3 s196
Disposal of things
seized
207(1) Where a person is convicted of an offence under
this Act and any thing relating to the conviction that was seized under this
Part is then being detained, the thing shall, on the expiration of the time for
taking an appeal from the conviction or on the final conclusion of the
proceedings, as the case may be,
(a) be
forfeited to the Government, if the court so directs, or
(b) be
restored to the person from whom it was seized or to any other person who is
entitled to possession of it, subject to any terms and conditions imposed by
the court.
(2) Where
a thing is forfeited under subsection (1)(a),
(a) the
Minister may dispose of or destroy the thing, and
(b) the costs of the forfeiture and disposal or
destruction are recoverable from the offender.
1992 cE‑13.3 s197
Assistance by peace
officer
208 An investigator may be
accompanied by a peace officer while exercising powers or carrying out duties
under this Part.
1992 cE‑13.3 s198
Assistance to inspectors
and investigators
209 The owner of and every person found in
any place in respect of which an inspector or investigator is exercising powers
or carrying out duties under this Part shall
(a) give
the inspector or investigator all reasonable assistance to enable the inspector
or investigator to exercise those powers and carry out those duties, and
(b) furnish all information relative to the
exercising of those powers and the carrying out of those duties that the
inspector or investigator may reasonably require.
1992 cE‑13.3 s199
Enforcement Orders
Enforcement orders by
Director
210(1) Where in the Director’s opinion a person has
contravened this Act, except section 178, 179, 180, 181 or 182, the Director
may, whether or not the person has been charged or convicted in respect of the
contravention, issue an enforcement order ordering any of the following:
(a) the
suspension or cancellation of an approval, registration or certificate of
qualification;
(b) the
stopping or shutting down of any activity or thing either permanently or for a
specified period;
(c) the
ceasing of the construction or operation of any activity or thing until the
Director is satisfied the activity or thing will be constructed or operated in
accordance with this Act;
(d) the
doing or refraining from doing of any thing referred to in section 113, 129,
140, 150, 156, 159, 183 or 241, as the case may be, in the same manner as if
the matter were the subject of an environmental protection order;
(e) specifying
the measures that must be taken in order to effect compliance with this Act.
(2) Where
an enforcement order specifies measures that must be taken under subsection
(1)(e), the measures may impose requirements that are more stringent than
applicable requirements in the regulations.
(3) An enforcement order issued under subsection (1)
shall contain the reasons for making it and must be served on the person to
whom it is directed.
1992 cE‑13.3
s200;1996 cW‑3.5 s175;1996 c17 s55;1997 c18 s6
Enforcement order
concerning waste
211(1) Where an investigator or the Director has
reason to believe that a person has contravened section 178, 179, 180, 181 or
182, the investigator or the Director may issue an enforcement order to that
person in the form and containing the matters provided for in the regulations.
(2) If
a person to whom an enforcement order is issued under subsection (1) complies
with the order, no prosecution may be commenced for the offence under section
178, 179, 180, 181 or 182, as the case may be, in respect of the facts that
gave rise to the order.
(3) An enforcement order issued under subsection
(1) shall contain the reasons for making it and shall be served on the person
to whom it is directed.
1992 cE‑13.3
s201;1997 c18 s6
Amendment and
cancellation of enforcement orders
212(1) The Director may
(a) amend
a term or condition of, add a term or condition to or delete a term or
condition from an enforcement order,
(b) cancel
an enforcement order, or
(c) amend
a clerical error in an enforcement order.
(2) The
Director may amend an enforcement order by adding to the list of persons to
whom the order is directed.
(3) The
Director may exercise powers under subsection (1) or (2) notwithstanding that
the original enforcement order may have been issued by an investigator.
(4) A
copy of an enforcement order issued under subsection (1) must be served on the
same person to whom the original order was directed.
(5) A
copy of an enforcement order issued under subsection (2) must be served on
(a) any
person whose name was added to it, and
(b) the same person to whom the original order
was directed.
1992 cE‑13.3
s202;1998 c15 s22
Court order for
compliance
213(1) If the person to whom an enforcement order is
directed fails to comply with the enforcement order, the Minister may apply to
the Court of Queen’s Bench for an order of the Court directing that person to
comply with the enforcement order.
(2) This section applies whether or not a
conviction has been adjudged against the person to whom the enforcement order
is directed for an offence under this Act in respect of the subject‑matter
that gave rise to the issuing of the enforcement order.
1992 cE‑13.3
s203;1994 c15 s58
Failure to comply with
enforcement order
214(1) If the person to whom an enforcement order is
directed fails to comply with the enforcement order, the Director may take
whatever action the Director considers necessary to carry out the terms of the
enforcement order.
(2) Costs
incurred by the Director under this section are recoverable by the Government
(a) in
an action in debt against the person to whom the enforcement order was
directed, or
(b) by
order of the Minister directing any person who purchases land to which the
enforcement order relates including, without limitation, a purchase on the sale
of the land to realize a security interest, to pay to the Minister instead of
to the vendor an amount not exceeding the amount owing in respect of the costs.
(3) If
the identity of a purchaser to whom an order could be issued under subsection
(2)(b) cannot be ascertained, the Minister may nevertheless issue the order,
and may take steps to ensure compliance with the order if the identity of the
person becomes known to the Minister after the order is issued.
(4) For
the purposes of this section, the costs referred to in subsection (2) include,
without limitation,
(a) any
costs incurred in investigating and responding to
(i) any matter to which an enforcement order relates, or
(ii) the failure to comply with an enforcement order,
and
(b) in
a case where the enforcement order relates to a contaminated site under section
125, compensation paid to a person in accordance with section 131.
(5) A purchaser who pays an amount to the Minister
under subsection (2)(b) is discharged from any obligation to pay that amount to
the vendor.
1992 cE‑13.3
s204;1996 c17 s47;1998 c15 s23
Joint and several
liability
215 Where an enforcement order is
issued to more than one person, all persons named in the order are jointly
responsible for carrying out the terms of the order and are jointly and
severally liable for payment of the costs of doing so, including any costs
incurred by the Director under section 214(2).
1992 cE‑13.3 s205
Civil Remedies
Priority for costs
216 Costs incurred by the Director under
section 214 or 245 and costs incurred by an inspector or investigator or the Director
in taking emergency measures under section 115 or 152 constitute a charge in
favour of the Government,
(a) in
the case of costs incurred under section 214 or 245, on the land to which the
order relates and on any other land that
(i) is contiguous to the land to which the order relates,
(ii) is used for the same or a related purpose, and
(iii) is owned by the person who owns the land to which the order
relates or by the person to whom the order is directed,
and
(b) in
the case of costs incurred under section 115 or 152, on the land on which the
emergency measures were taken and on any other land that
(i) is contiguous to the land on which the emergency measures were
taken,
(ii) is used for the same or a related purpose, and
(iii) is owned by the same person who owns the land on which the
emergency measures were taken,
and the charge is enforceable in the same way as a mortgage
or other security on land and ranks above any other claim, right or charge
against the land, notwithstanding any other law of Alberta.
1998 c15 s24
Other civil remedies
unaffected
217 Subject to sections 220 and
250, no civil remedy for an act or omission is suspended or affected by reason
only that the act or omission is an offence under this Act or gives rise to a
civil remedy under this Act, and nothing in this Act shall be construed so as
to repeal, remove or reduce any remedy available to any person at common law or
under any Act of Parliament or of a provincial legislature.
1992 cE‑13.3 s206
Extension of limitation
period
218(1) A judge of the Court of Queen’s Bench may, on
application, extend a limitation period provided by a law in force in Alberta
for the commencement of a civil proceeding where the basis for the proceeding
is an alleged adverse effect resulting from the alleged release of a substance
into the environment.
(2) An
application under subsection (1) may be made before or after the expiry of the
limitation period.
(3) In
considering an application under subsection (1), the judge shall consider the following
factors, where information is available:
(a) when
the alleged adverse effect occurred;
(b) whether
the alleged adverse effect ought to have been discovered by the claimant had
the claimant exercised due diligence in ascertaining the presence of the
alleged adverse effect, and whether the claimant exercised such due diligence;
(c) whether
extending the limitation period would prejudice the proposed defendant’s
ability to maintain a defence to the claim on the merits;
(d) any other criteria the court considers to be
relevant.
1998 c15 s25
Civil cause of action
219 Subject to section 220, where
a person is convicted of an offence under this Act, any person who suffers loss
or damage as a result of the conduct that constituted the offence may, in a
court of competent jurisdiction, sue for and recover from the convicted person
an amount equal to the loss or damage proved to have been suffered.
1992 cE‑13.3 s207
Protection from
liability
220 No action for damages may be commenced
against
(a) a
person who is an employee or agent of or is under contract to the Government,
(b) a
person who is designated as an inspector, investigator or analyst under section
25(3)(b), (c) or (d),
(c) a
person who is an employee of the Government, a Government agency, a local
authority or the Government of Canada or any agency of that Government, where
there has been a delegation under section 17,
(d) a
person who is an employee or agent of, or is under contract to, the Government,
a Government agency or a local authority, where there has been a transfer of
administration under section 18,
(e) a
member of the Environmental Appeals Board, or
(f) a
member, employee or agent of, or a person under contract to, a delegated
authority referred to in section 37(d),
for anything done or not done by that person in good faith
while carrying out that person’s duties or exercising that person’s powers
under this Act including, without limitation, any failure to do something when
that person has discretionary authority to do something but does not do it.
RSA 2000 cE‑12
s220;2003 c42 s6
Action for condition of
land prohibited
221(1) Subject to subsection (2), no action for
damages may be commenced against a municipality with respect to the state and
condition of a parcel of land, or any improvements to it, shown on the tax
arrears list of the municipality.
(2) Subsection
(1) does not apply if, after the date on which the municipality is entitled to
possession of the parcel under section 420 of the Municipal Government Act or after the date on which the
municipality becomes the owner of the parcel under section 424 of the Municipal Government Act, the
municipality
(a) releases
on that parcel a new or additional substance into the environment that may
cause, is causing or has caused an adverse effect, or
(b) aggravates
the adverse effect of the release of a substance into the environment on that
parcel.
(3) This section does not relieve a municipality of
liability respecting a parcel of land, or any improvement to it, that was owned
by the municipality before the parcel was placed on the municipality’s tax
arrears list.
1996 c30 s69
Injunction re commission
of offence
222(1) Where, on the application of the Director, it
appears to the Court of Queen’s Bench that a person has done, is doing or is
about to do any act or any thing constituting or directed toward the commission
of an offence under this Act, the Court may issue an injunction ordering any
person named in the application
(a) to
refrain from doing that act or thing, or
(b) to
do any act or thing that it appears to the Court may prevent the commission of
an offence under this Act.
(2) At least 48 hours’ notice of the application
must be given to the party or parties named in the application unless the Court
is of the opinion that the urgency of the situation is such that giving of
notice would not be in the public interest.
1992 cE‑13.3 s209
Recovery of costs by the
Government
223 The Government may recover in an action
in debt against any person who is convicted of an offence under this Act the
costs incurred by the Government
(a) in
administering, investigating and responding to any matter related to the
offence,
(b) in
carrying out or causing to be carried out any preventive or remedial action
made necessary by the act or omission that constituted the offence, and
(c) in compensating a person in accordance with
section 131 where the compensation is payable as a result of the offence.
1992 cE‑13.3 s210
Registration of orders
224(1) In this section, “order” means
(a) a
designation of an area of the environment as a contaminated site under section
125,
(b) an
enforcement order, and
(c) an
environmental protection order.
(2) The
Director may submit a certified copy of an order to
(a) the
Registrar of Land Titles under the Land
Titles Act, or
(b) the
Registrar of the Metis Settlements Land Registry under the Metis Settlements Act.
(3) On
receiving a certified copy of an order under subsection (2), the Registrar
shall
(a) endorse
a memorandum of the order on the certificate of title to the land to which the
order relates, or
(b) record
the order against the Metis title register for the land to which the order
relates,
as the case may be.
(4) Notwithstanding
any other Act, an endorsement or record under this section does not lapse and
shall not be cancelled except on the receipt by the Registrar of a notice in
writing from the Director requesting the cancellation.
(5) On
making an endorsement or record under this section, the Registrar shall notify
the Director to that effect, and the Director shall notify in writing
(a) the
registered owner of the land to which the order relates and all other persons
who have a registered interest against the land, or
(b) the
person against whose Metis title the order is recorded and all other persons
who have a recorded interest against the Metis title,
as the case may be.
1998 c15 s26
Injunction re loss or
damage
225 Any person who has suffered, is suffering
or is about to suffer loss or damage as a result of conduct that is contrary to
this Act may apply to the Court of Queen’s Bench for an injunction ordering the
person engaged in the conduct to
(a) refrain
from doing any act that it appears to the Court causes or will cause the loss
or damage, or
(b) do any act or thing that it appears to the
Court prevents or will prevent the loss or damage.
1992 cE‑13.3 s211
Offences and Penalties
Limitation period
226 A prosecution for an offence under this
Act may not be commenced more than 2 years after the later of
(a) the
date on which the offence was committed, or
(b) the date on which evidence of the offence
first came to the attention of the Director.
1992 cE‑13.3 s212
Offences
227 A person who
(a) knowingly
provides false or misleading information pursuant to a requirement under this
Act to provide information,
(b) provides
false or misleading information pursuant to a requirement under this Act to
provide information,
(c) fails
to provide information as required under this Act, except under section 110(3),
(d) knowingly
contravenes a term or condition of an approval, a code of practice, a
certificate of variance, a reclamation certificate, a remediation certificate
or a certificate of qualification,
(e) contravenes
a term or condition of an approval, a code of practice, a certificate of
variance, a reclamation certificate, a remediation certificate or a certificate
of qualification,
(f) knowingly
contravenes an enforcement order,
(g) contravenes
an enforcement order,
(h) knowingly
contravenes an environmental protection order,
(i) contravenes
an environmental protection order, or
(j) contravenes
section 60, 61, 67, 75, 76, 79, 87, 88, 108, 109, 110(1) or (2), 111, 112, 137,
148, 149, 155, 157, 163, 169, 170, 173, 176, 178, 179, 180, 181, 182, 188, 191,
192, 209 or 251
is guilty of an offence.
RSA 2000 cE‑12
s227;2003 c37 s33
Penalties
228(1) A person who commits an offence referred to in
section 60, 87, 108(1), 109(1) or 227(a), (d), (f) or (h) is liable
(a) in
the case of an individual, to a fine of not more than $100 000 or to
imprisonment for a period of not more than 2 years or to both fine and
imprisonment, or
(b) in
the case of a corporation, to a fine of not more than $1 000 000.
(2) A
person who commits an offence referred to in section 61, 67, 75, 76, 79, 88,
108(2), 109(2), 110(1) or (2), 111, 112, 137, 148, 149, 155, 157, 163, 169,
170, 173, 176, 188, 191, 192, 209, 227(b), (c), (e), (g) or (i) or 251 is
liable
(a) in
the case of an individual, to a fine of not more than $50 000, or
(b) in
the case of a corporation, to a fine of not more than $500 000.
(3) A
person who commits an offence referred to in section 178, 179, 180, 181 or 182
is liable
(a) in
the case of an individual, to a fine of not more than $250, or
(b) in the case of a corporation, to a fine of
not more than $1000.
1992 cE‑13.3
s214;1996 cW‑3.5 s175;1996 c17 s49;1997 c18 s6
Due diligence defence
229 No person shall be convicted
of an offence under section 61, 67, 75,
76, 79, 88, 108(2), 109(2), 110(1) or (2), 111, 112, 137, 148, 149, 155, 157,
163, 169, 170, 173, 176, 188, 191, 192, 209, 227(b), (c), (e), (g) or (i) or
251 if that person establishes on a balance of probabilities that the person
took all reasonable steps to prevent its commission.
1992 cE‑13.3
s215;1996 c17 s50
Additional fine where
monetary benefits acquired by offender
230 Where a person is convicted of
an offence under this Act and the court is satisfied that as a result of the
commission of the offence monetary benefits accrued to the offender, the court
may order the offender to pay, in addition to a fine under section 228, a fine
in an amount equal to the court’s estimation of the amount of those monetary
benefits.
1992 cE‑13.3 s216
Continuing offences
231 Every person who is guilty of
an offence under this Act is liable on conviction for each day or part of a day
on which the offence occurs or continues.
1992 cE‑13.3 s217
Liability of directors
and officers
232 Where a corporation commits an
offence under this Act, any officer, director or agent of the corporation who
directed, authorized, assented to, acquiesced in or participated in the
commission of the offence is guilty of the offence and is liable to the
punishment provided for the offence, whether or not the corporation has been
prosecuted for or convicted of the offence.
1992 cE‑13.3 s218
Liability of public
officials
233(1) Where a person who is acting under the
direction of
(a) a
Minister of the Government,
(b) an
official of the Government,
(c) a
member of a council of a local authority, or
(d) the
chief administrative officer or a designated officer of a local authority
commits an offence
under this Act, the Minister, official, member of council, chief administrative
officer or designated officer is also guilty of the offence and liable for the punishment
provided for the offence, if the Minister, official, member of council, chief
administrative officer or designated officer knew or ought reasonably to have
known of the circumstances that constituted the commission of the offence and
had the influence or control to prevent its commission, whether or not the
other person has been prosecuted for or convicted of the offence.
(2) No person shall be convicted of an offence by
reason of the operation of subsection (1) if that person establishes on a balance
of probabilities that the person took all reasonable steps to prevent the
commission of the offence by the other person referred to in subsection (1).
1992 cE‑13.3
s219;1994 cM‑26.1 s642(22);1994 c15 s61
Court orders relating to
penalty
234(1) When a person is convicted of an offence under
this Act, in addition to any other penalty that may be imposed under this Act,
the court may, having regard to the nature of the offence and the circumstances
surrounding its commission, make an order having any or all of the following
effects:
(a) prohibiting
the offender from doing anything that may result in the continuation or
repetition of the offence;
(b) directing
the offender to take any action the court considers appropriate to remedy or
prevent any harm to the environment that results or may result from the act or
omission that constituted the offence;
(c) directing
the offender to publish, in the prescribed manner and at the offender’s cost,
the facts relating to the conviction;
(d) directing
the offender to notify any person aggrieved or affected by the offender’s
conduct of the facts relating to the conviction, in the prescribed manner and
at the offender’s cost;
(e) directing
the offender to post a bond or pay money into court in an amount that will
ensure compliance with any order made pursuant to this section;
(f) on
application to the court by the Minister made within 3 years after the date of
conviction, directing the offender to submit to the Minister any information
with respect to the conduct of the offender that the court considers
appropriate in the circumstances;
(g) directing
the offender to compensate the Minister, in whole or in part, for the cost of
any remedial or preventive action that was carried out or caused to be carried
out by the Government and was made necessary by the act or omission that
constituted the offence;
(h) directing
the offender to perform community service;
(i) requiring
the offender to comply with any other conditions the court considers
appropriate in the circumstances for securing the offender’s good conduct and
for preventing the offender from repeating the same offence or committing other
offences.
(2) Where
an offender contravenes an order made under subsection (1)(c), the Minister may
publish the facts in compliance with the order.
(3) Where
the court makes an order under subsection (1)(g) or the Minister incurs
publication costs under subsection (2), the costs constitute a debt due to the
Government.
(4) An order made under subsection (1) comes into
force on the day on which it is made or on any other day specified in the order
and continues in force for the period specified in the order, not to exceed 3
years.
1992 cE‑13.3 s220
Compensation for loss of
property
235(1) Where a person is convicted of an offence under
this Act, the court may, at the time sentence is imposed and on the application
of a person aggrieved, order the offender to pay to the person an amount by way
of satisfaction or compensation for loss of or damage to property suffered by
that person as a result of the commission of the offence.
(2) A person in whose favour an order is made under
subsection (1) may file the order with the clerk of the Court of Queen’s Bench
and, on filing, the order may be enforced as if it were a judgment of the Court
of Queen’s Bench in civil proceedings.
1992 cE‑13.3 s221
Variation of court
orders
236(1) Subject to subsection (2), where a court has
made an order under section 234, the court may, on application by the offender
or the Minister of Justice and Attorney General, require the offender to appear
before it and, after hearing the offender and the Minister of Justice and
Attorney General, may make any or all of the following orders if it considers
that the circumstances of the offender have changed so as to warrant such an
order:
(a) an
order changing the original order or the conditions specified in it;
(b) an
order relieving the offender absolutely or partially from compliance with any
or all of the order;
(c) an
order reducing the period for which the original order is to remain in effect;
(d) an
order extending the period for which the original order is to remain in effect
for an additional period not to exceed one year.
(2) Before
making an order under subsection (1), the court may direct that notice be given
to any persons the court considers to be interested and the court may hear any
of those persons.
(3) Where an application made under this section in
respect of an offender has been heard by a court, no other application under
this section may be made with respect to the offender except with leave of the
court.
1992 cE‑13.3
s222;1994 cG‑8.5 s89
Administrative penalties
237(1) Where the Director is of the opinion that a
person has contravened a provision of this Act that is specified for the
purposes of this section in the regulations, the Director may, subject to the
regulations, by notice in writing given to that person require that person to
pay to the Government an administrative penalty in the amount set out in the
notice for each contravention.
(2) A notice of
administrative penalty may require the person to whom it is directed to pay
either or both of the following:
(a) a daily amount for each day or part of a day
on which the contravention occurs and continues;
(b) a one‑time amount to address economic
benefit where the Director is of the opinion that the person has derived an
economic benefit directly or indirectly as a result of the contravention.
(3) A
person who pays an administrative penalty in respect of a contravention may not
be charged under this Act with an offence in respect of that contravention.
(4) Subject to the right to appeal a notice of
administrative penalty to the Environmental Appeals Board, where a person fails
to pay an administrative penalty in accordance with the notice of
administrative penalty and the regulations, the Minister may file a copy of the
notice of administrative penalty with the clerk of the Court of Queen’s Bench
and, on being filed, the notice has the same force and effect and may be enforced
as if it were a judgment of the Court.
RSA 2000 cE‑12
s237;2002 c4 s1;2003 c42 s6
Publication
of information
237.1 Subject to the
regulations, the Director shall publish particulars of enforcement action taken
under this Act.
2002
c4 s1
Ministerial regulations
238 The Minister may make regulations
(a) governing
the issuing, form and content of enforcement orders;
(b) governing
the issuing, form and content of orders under section 201;
(c) governing the establishment of programs for
the purposes of section 195;
(d) governing the publication of particulars of
enforcement action for the purposes of section 237.1 including, without
limitation, what information must or may be published and the times at which
and the manner in which it is to be published.
RSA 2000 cE‑12
s238;2002 c4 s1
Lieutenant Governor in
Council regulations
239 The Lieutenant Governor in Council may make
regulations
(a) providing
with respect to any provision of the regulations that its contravention
constitutes an offence;
(b) prescribing
penalties, including imprisonment, in respect of offences created under clause
(a);
(c) prescribing
the form and content of tele‑warrants and facsimiles for the purposes of
section 206;
(d) prescribing
the manner in which facts relating to convictions are to be published and
notice is to be given for the purposes of section 234(1)(c) and (d);
(e) prescribing
the form and content of notices of administrative penalties for the purposes of
section 237;
(f) prescribing
contraventions in respect of which an administrative penalty may be imposed and
prescribing the amounts, or the manner of determining the amounts, of the
administrative penalties that may be imposed, but in the case of an
administrative penalty referred to in section 237(2)(a), the administrative
penalty may not exceed $5000 for each contravention or for each day or part of
a day on which the contravention occurs and continues, as the case may be;
(g) prescribing
limitation periods for the giving of notices of administrative penalties;
(h) respecting any other matter necessary for
the administration of the system of administrative penalties.
RSA 2000 cE‑12
s239;2002 c4 s1
Part 11
Miscellaneous Provisions
Environmental Protection
Orders
Joint and several
liability under environmental protection orders
240(1) Where an environmental protection order is
directed to more than one person, all persons named in the order are jointly
responsible for carrying out the terms of the order and are jointly and
severally liable for payment of the costs of doing so, including any costs
incurred by the Director under section 245(2).
(2) Subsection
(1) does not apply to an environmental protection order under section 129 that
provides for apportionment of costs.
(3) Notwithstanding subsection (1), where an
environmental protection order is directed to a person who is acting in the
capacity of executor, administrator, receiver, receiver‑manager or
trustee, that person’s liability is limited to the value of the assets that
person is administering unless the situation identified in the order resulted
from or was aggravated by the gross negligence or wilful misconduct of the
executor, administrator, receiver, receiver‑manager or trustee.
1992 cE‑13.3
s226;1998 c15 s29
General requirements of
environmental protection orders
241(1) In addition to any other requirements that may
be included in an environmental protection order, such an order may contain
provisions
(a) requiring
the person to whom it is directed
(i) to maintain records on any relevant matter,
(ii) to report periodically to the Director,
(iii) to prepare environmental audits for submission to the Director,
(iv) to submit to the Director any information, proposal or plan
specified by the Director setting out any action to be taken by the person with
respect to the subject‑matter of the order, and
(v) to take any other measure that the person issuing the order
considers necessary to
(A) facilitate compliance with the order, or
(B) protect or restore the environment,
(b) fixing
the manner or method of, or the procedures to be used in, carrying out the
measures required by the order, and
(c) fixing
the time within which any measure required by the order is to be commenced and
the time within which the order or any portion of the order is to be complied
with.
(2) An environmental protection order shall be
served on the person to whom it is directed.
1992 cE‑13.3 s227
Ministerial regulations
242 The Minister may make
regulations governing the issuing, form and content of environmental protection
orders.
1992 cE‑13.3 s228
Amendment and
cancellation of environmental protection orders
243(1) The Director may
(a) amend
a term or condition of, add a term or condition to or delete a term or
condition from an environmental protection order,
(b) cancel
an environmental protection order, or
(c) correct
a clerical error in an environmental protection order.
(2) The
Director may amend an environmental protection order by adding to the list of
persons to whom the order is directed.
(3) The
Director may exercise powers under subsection (1) or (2) notwithstanding that
the original environmental protection order may have been issued by an
inspector or investigator.
(4) A
copy of an environmental protection order amended under subsection (1) shall be
served on the same person to whom the original order was directed.
(5) A
copy of an environmental protection order amended under subsection (2) must be
served on
(a) any
person whose name was added to it, and
(b) the same person to whom the original order
was directed.
1992 cE‑13.3
s229;1994 c15 s64;1998 c15 s30
Court order for
compliance
244(1) If the person to whom an environmental
protection order is directed fails to comply with the environmental protection
order, the Minister may apply to the Court of Queen’s Bench for an order of the
Court directing that person to comply with the environmental protection order.
(2) This section applies whether or not a
conviction has been adjudged against the person to whom the environmental
protection order is directed for an offence under this Act in respect of the
subject‑matter that gave rise to the issuing of the environmental
protection order.
1992 cE‑13.3
s230;1994 c15 s65
Failure to comply with
environmental protection order
245(1) If the person to whom an environmental
protection order is directed fails to comply with the environmental protection
order, the Director may take whatever action the Director considers necessary
to carry out the terms of the order.
(2) Costs
incurred by the Director under this section are recoverable by the Government
(a) in
an action in debt against the person to whom the environmental protection order
was directed, or
(b) by
order of the Minister directing any person who purchases land to which the
environmental protection order relates including, without limitation, a
purchase on the sale of the land to realize a security interest, to pay to the
Minister instead of to the vendor an amount not exceeding the amount owing in
respect of the costs.
(3) If
the identity of a purchaser to whom an order could be issued under subsection
(2)(b) cannot be ascertained, the Minister may nevertheless issue the order,
and may take steps to ensure compliance with the order if the identity of the
person becomes known to the Minister after the order is issued.
(4) For
the purposes of this section, the costs referred to in subsection (2) include,
without limitation,
(a) any
costs incurred in administering, investigating and responding to
(i) any matter to which the environmental protection order relates,
or
(ii) the failure to comply with the environmental protection order,
and
(b) in
a case where the environmental protection order relates to a contaminated site
under section 125, compensation paid to a person under section 131.
(5) A purchaser who pays an amount to the Minister
under subsection (2)(b) is discharged from any obligation to pay that amount to
the vendor.
1992 cE‑13.3
s231;1994 c15 s66;1996 c17 s51;1998 c15 s31
Environmental protection
order where person unidentifiable
246(1) Where this Act authorizes the issuance of an
environmental protection order but none of the persons to whom the order could
be issued are identifiable, the Director may nevertheless issue the order and
take whatever action the Director considers necessary to carry out the terms of
the order.
(2) The costs of carrying out the terms of an
environmental protection order under this section are recoverable in accordance
with section 245(2) against any person to whom the environmental protection
order referred to in subsection (1) could have been issued, where the identity
of such a person becomes known to the Director after the order is issued.
1992 cE‑13.3 s232
General requirements re
emergency environmental
protection order
247(1) An inspector or investigator shall make all
reasonable efforts to consult with the Director before issuing an environmental
protection order directing the performance of emergency measures under section
114, 151 or 160.
(2) An environmental protection order directing the
performance of emergency measures under section 114, 151 or 160 shall contain
the reasons for making it and where it is issued by an inspector or
investigator, the inspector or investigator shall submit a copy of it to the
Director immediately after issuing it.
1992 cE‑13.3
s233;1996 cW‑3.5 s175
Recovery of costs for
emergency measures
248 The costs of carrying out
emergency measures under section 115 or 152 are recoverable by the Government
in an action in debt against the person who is responsible for the need to take
the emergency measures.
1992 cE‑13.3
s234;1996 cW‑3.5 s175
Miscellaneous
Use of assistants
249 An inspector or investigator
or the Director, in carrying out any duties or exercising any powers under this
Act, may be accompanied by any persons who are employees or agents of the
Government, a Government agency or a local authority that the inspector,
investigator or Director considers necessary to enable the inspector,
investigator or Director to carry out those duties and exercise those powers.
1992 cE‑13.3 s235
Right of entry
250(1) The powers in this section are in addition to
any power to enter under Part 10.
(2) An
inspector or investigator or the Director may, without incurring liability for
doing so, enter any place for the purpose of carrying out any work or doing any
other thing that the inspector, investigator or Director is authorized under
this Act to carry out or do.
(3) A
person referred to in section 249 may enter any place without being accompanied
by an inspector or investigator or the Director without incurring liability for
doing so when authorized to do so by the inspector, investigator or Director.
(4) Where
an environmental protection order or an enforcement order orders the person to
whom it is directed to carry out any work or do any thing in respect of a
place, that person and any other person carrying out the work or doing the
thing on that person’s behalf may, without incurring liability for doing so,
enter the place for the purpose of carrying out the work or doing the thing
required by the order.
(5) Where
a judge of the Provincial Court is satisfied on evidence under oath that a
person has been prevented from entering a place or has been denied access to a
place that person is authorized to enter under this section, the judge may
issue an order authorizing that person to enter the place for the purpose of
carrying out any work or doing any thing that the person is authorized to carry
out or do.
(6) An
application under subsection (5) must be made by
(a) the
inspector, investigator or Director, as the case may be, in a case referred to
in subsection (2) or (3), or
(b) the
Director, in a case referred to in subsection (4).
(7) A
person entering any place under the authority of this section
(a) shall
do so at a reasonable time unless authorized otherwise in an order, and
(b) shall give reasonable prior notice of
intention to enter the place to the occupant of the place or, if there is no
occupant, to the owner if it is practicable in the circumstances to do so.
1992 cE‑13.3
s236;1994 c15 s67
Interference
251 No person shall interfere with
(a) an
inspector or investigator or the Director who is exercising powers or carrying
out duties, or attempting to do so, under this Act,
(b) a
person accompanying an inspector or investigator or the Director under the
authority of section 249, or
(c) a person referred to in section 250(4) who
is carrying out any work or doing any thing pursuant to an environmental
protection order or enforcement order.
1992 cE‑13.3
s237;1994 c15 s68
Court order re
interference
252 If a person interferes with another
person contrary to section 251,
(a) the
inspector, investigator or Director, as the case may be, in a case referred to
in section 251(a) or (b), or
(b) the
Director, in a case referred to in section 251(c),
may apply to the Court of Queen’s Bench for an order
prohibiting the person from so interfering, and the Court may make any order it
considers appropriate.
1992 cE‑13.3
s238;1994 c15 s69
Vicarious responsibility
253 For the purposes of this Act,
an act or thing done or omitted to be done by a director, officer, official,
employee or agent of a corporation in the course of that person’s employment or
in the exercise of that person’s powers or the performance of that person’s duties
is deemed also to be an act or thing done or omitted to be done by the
corporation.
1992 cE‑13.3 s239
Documentary evidence
254(1) In any proceeding under this Act,
(a) an
analyst’s certificate or an analyst’s report of the results of an analysis purporting
to be signed by an analyst,
(b) a
certificate purporting to be signed by a person authorized to issue an
approval, a registration, a certificate of qualification or a certificate of
variance stating that on a specified day or during a specified period a person
named in the certificate was or was not the holder of an approval, a
registration, a certificate of qualification or a certificate of variance,
(c) a
certificate setting out with reasonable particularity the conviction and
sentence of a person for an offence under this Act purporting to be signed by
(i) the person who entered the conviction, or
(ii) the clerk of the court in which the conviction was entered,
and
(d) a
statement purporting to be signed by the Director setting out the day on which
the Director became aware of the subject‑matter of any proceedings
shall be admitted in
evidence as proof, in the absence of evidence to the contrary, of the contents
of the certificate, report or statement,
without proof of the signature or official character of the person signing the
certificate, report or statement.
(2) A notice, approval, registration, environmental
protection order, enforcement order, certificate of variance, certificate of
qualification or consent purporting to be signed by the person authorized to
issue, make or give it is admissible in evidence without proof of the signature
or official character of the person signing it.
1992 cE‑13.3
s240;1994 c15 s70;1996 c17 s52
Certificate of analyst
255(1) No certificate or report of an analyst may be
received in evidence unless the party intending to produce it has given to the
party against whom it is intended to be produced reasonable notice of that
intention together with a copy of the certificate.
(2) The party against whom a certificate or report
of an analyst is produced may, with the leave of the court, require the
attendance of the analyst for the purpose of cross‑examination.
1992 cE‑13.3 s241
Service
256 Where any notice, request, order,
direction or other document is required to be given in writing or served under
this Act, it is deemed to be sufficiently given or served if it is
(a) personally
given to or served on the person to whom it is directed,
(b) sent
by mail addressed to the person to whom it is directed at the last known
address for that person, or
(c) in the case of a registered owner of land,
sent by mail to the address for the registered owner shown on the assessment
roll.
1992 cE‑13.3 s242