Acts and Regulations

C-6 - Clean Environment Act

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Document at 22 January 2014
CHAPTER C-6
Clean Environment Act
Definitions
1In this Act
“air” means the atmosphere but does not include the atmosphere within a building or within the underground workings of a mine;(air)
“alteration” Repealed: 1989, c.52, s.1
“analyst” means an analyst designated pursuant to section 28;(analyste)
“animal” means a vertebrate, invertebrate or micro-organism whether living or dead, other than a human;(animal)
“approval” means any approval or certificate of approval granted pursuant to this Act or the regulations that has not expired or been suspended or cancelled;(agrément)
“body of water” includes any flowing or standing water whether naturally or artificially created;(eau réceptrice)
“coastal area” means (zone côtière)
(a) the air, water and land between
(i) the lower low water large tide, and
(ii) one kilometre landward of the higher high water large tide or one kilometre landward of any coastal feature, whichever extends farther inland, or
(b) in the case of a watercourse named in the first column of Schedule A of New Brunswick Regulation 90-80 under the Clean Water Act, the air, water and land between the lower low water large tide and one kilometre upstream of the line joining the associated location described in the second and third columns of Schedule A of that regulation;
“Coastal Designation Order” means an Order made under subsection 6.4(2), and includes any requirements imposed under subsection 6.4(6) in relation to that Order and, unless otherwise indicated, any description or plan of the protected area that is published or filed under section 6.4 in relation to that Order;(décret de désignation de zone côtière)
“coastal feature” means a beach, coastal marsh, rock platform or other intertidal area, dune or dyked land;(caractéristique côtière)
“contaminant” means any solid, liquid, gas, micro-organism, odour, heat, sound, vibration, radiation or combination of any of them, present in the environment,(polluant)
(a) that is foreign to or in excess of the natural constituents of the environment,
(b) that affects the natural, physical, chemical or biological quality or constitution of the environment,
(c) that endangers the health, safety or comfort of a person or the health of animal life, that causes damage to property or to plant life or that interferes with visibility, the normal conduct of transport or business or the normal enjoyment of life or use or enjoyment of property, or
(d) that is designated by the Minister as a contaminant under section 4.2,
and includes a pesticide or waste;
“costs” includes expenses, disbursements, losses, damages and charges;(frais)
“council” means the environment council established under section 16;(conseil)
“danger of pollution” means any accumulation of material at a particular location, any artificial disturbance of land, any material storage or disposal facility, any transfer operation, any transport facility, any pipeline, tank, drum, excavation, depression, pond or impoundment situated in or on the ground or in buildings, whether natural or artificial and whether lined or unlined, for either storage or transport, as the case may be, of useful or waste materials that could through use or misuse, seepage, leaching, accidents, leaks, breaks, negligence, acts of animals or persons or acts of God, release contaminants into or upon the waters of the Province and any application or disposal of materials or chemicals into or upon the environment;(risque de pollution)
“designated material” means a material designated under the regulations for the purposes of section 22.1;(matière désignée)
“domestic sewage” Repealed: 1993, c.13, s.1
“domestic wastewater” means wastewater being discharged from a residential building and wastewater of a like nature being discharged from other buildings;(eaux usées domestiques)
“environment” means the air, water or soil;(environnement)
“ground water” means any flowing or standing water below the surface of the earth;(eaux souterraines)
“higher high water large tide” means the average elevation of the highest high tide based upon the most recent nineteen years of tidal predictions for which there is data;(pleine mer supérieure grande marée)
“industrial waste” means any liquid, solid or other waste, or any combination thereof, resulting from any process of industry or manufacture or the exploration for, or development of, a natural resource and includes(matières usées industrielles)
(a) storm water that has been contaminated through contact with useful or waste materials as a result of human activity, and
(b) useful or waste material from a danger of pollution that becomes a contaminant;
“inspector” means an inspector designated pursuant to section 23;(inspecteur)
“licence” means any licence granted pursuant to this Act or the regulations that has not expired or been suspended or cancelled;(licence)
“lower low water large tide” means the average elevation of the lowest low tide based upon the most recent nineteen years of tidal predictions for which there is data;(basse mer inférieure grande marée)
“Minister” means the Minister of Environment and Local Government and includes any person designated by the Minister to act on the Minister’s behalf;(Ministre)
“Minister of Natural Resources” includes a person designated by the Minister of Natural Resources to act on that Minister’s behalf;(ministre des Ressources naturelles)
“monitoring” means auditing of or obtaining and analyzing samples;(surveillance)
“order” means an order issued under this Act or the regulations, but does not include a Coastal Designation Order, a Wetland Designation Order or an order issued under section 4.2;(arrêté)
“permit” means any permit granted pursuant to this Act or the regulations that has not expired or been suspended or cancelled;(permis)
“person” , in addition to the meaning ascribed to it by the Interpretation Act, includes a municipality, a rural community, Her Majesty in right of Canada and Her Majesty in right of New Brunswick;(personne)
“public water supply” Repealed: 1989, c.52, s.1
“regional solid waste commission” Repealed: 2012, c.44, s.1
“registration” means any registration granted pursuant to this Act or the regulations that has not expired or been suspended or cancelled;(immatriculation)
“release” , when used with reference to a contaminant or other matter regardless of form, includes the discharging, emitting, leaving, depositing or throwing of the contaminant or other matter and the doing of or the omission to do any other activity in respect of the contaminant or other matter, with the direct or indirect result that the contaminant or other matter enters the environment or a part of the environment, whether or not the contaminant or other matter previously existed in the environment or part of the environment;(déversement)
“sewage” Repealed: 1993, c.13, s.1
“sewage works” Repealed: 1993, c.13, s.1
“sewage treatment facility” Repealed: 1993, c.13, s.1
“sewer” means any drain, pipe or conduit intended to convey wastewater or storm water;(égout)
“soil” includes land, earth and the terrain;(sol)
“solid waste” means waste with insufficient liquid content to be free-flowing;(matières usées solides)
“source of contaminant” means any activity or any real or personal property that releases or might release a contaminant into or upon the environment or any part of the environment and includes a danger of pollution;(source de pollution)
“stewardship board” means a stewardship board established by the Minister under subsection 22.1(1);(commission d’intendance)
“storm water” means rain water, or water resulting from the melting of snow and ice, that may contribute to the flow in a sewer;(eaux pluviales)
“waste” includes rubbish, slimes, tailings, effluent, wastewater, fumes, smoke, other waste products of any kind and any other matter that is prescribed by regulation to be waste;(matières usées)
“wastewater” includes any industrial wastewater or domestic wastewater, whether treated or untreated, containing human, animal, vegetable or mineral matter in liquid or solid form, in suspension or in solution;(eaux usées)
“wastewater treatment facility” means all or any part of a structure or device or any combination of structures or devices that are used or intended to be used for the purpose of treating, monitoring or holding wastewater and includes pumps, buildings, piping, controls, other equipment and their appurtenances;(usine d’épuration des eaux usées)
“wastewater works” includes all sewers, sewer systems, wastewater pumping stations, wastewater treatment facilities and other works for the collection, acceptance, transmission, treatment, monitoring or disposal of wastewater;(ouvrages d’évacuation des eaux usées)
“water” includes(eaux)
(a) flowing or standing water whether on or below the surface of the earth; and
(b) the ice of any body of water;
“watercourse” Repealed: 1989, c.52, s.1
“watercourse” means a watercourse as defined in the Clean Water Act;(cours d’eau)
“waterworks” Repealed: 1989, c.52, s.1
“waters of the Province” means all water in the Province of New Brunswick and, without restricting the generality of the foregoing, includes coastal water within the jurisdiction of the Province, ground water and surface water;(eaux de la province)
“waterworks” means all or any part of a private, public, commercial or industrial works for the collection, production, treatment, storage, supply or distribution of water;(ouvrage d’adduction d’eau)
“well” Repealed: 1989, c.52, s.1
“wetland” means land that(terre humide)
(a) either periodically or permanently, has a water table at, near or above the land’s surface or that is saturated with water, and
(b) sustains aquatic processes as indicated by the presence of hydric soils, hydrophytic vegetation and biological activities adapted to wet conditions;
“Wetland Designation Order” means an Order made under subsection 6.1(2), and includes any requirements imposed under subsection 6.1(6) in relation to that Order and, unless otherwise indicated, any description or plan of the protected area that is published or filed under section 6.1 in relation to that Order.(décret de désignation de terre humide)
1971, c.3, s.2; 1973, c.21, s.1; 1974, c.4 (Supp.), s.1; 1975, c.12, s.1; 1976, c.19, s.1; 1983, c.17, s.1; 1985, c.6, s.1; 1987, c.6, s.7; 1987, c.11, s.1; 1989, c.52, s.1; 1993, c.13, s.1; 1994, c.91, s.1; 1996, c.50, s.1; 2000, c.26, s.37; 2002, c.25, s.1; 2003, c.6, s.1, 6; 2004, c.20, s.10; 2005, c.7, s.10; 2006, c.16, s.23; 2012, c.39, s.33; 2012, c.44, s.1
Repealed
2Repealed: 1974, c.4 (Supp.), s.2
1971, c.3, s.3; 1974, c.4 (Supp.), s.2
Repealed
3Repealed: 1974, c.4 (Supp.), s.2
1971, c.3, s.4; 1974, c.4 (Supp.), s.2
Repealed
4Repealed: 1974, c.4 (Supp.), s.2
1971, c.3, s.5; 1974, c.4 (Supp.), s.2
Administration of Act and designation of persons
4.1The Minister is responsible for the administration of this Act and may designate persons to act on his behalf.
1983, c.17, s.2
Designation of contaminants
4.2(1)The Minister may, by order,
(a) designate as a contaminant a solid, liquid, gas, micro-organism, odour, heat, cold, sound, vibration, radiation or combination of any of them, and
(b) establish the maximum amounts, levels or concentrations of a contaminant or a class of contaminant that may be released, either alone or in combination with another contaminant or any other substance, into the environment, which maximum amounts, levels or concentrations may vary according to the manner in which the contaminant is released, according to the area in which it is released or is found or according to any other factor.
4.2(2)The Regulations Act does not apply to an order made under this section.
2002, c.25, s.2
Orders
5(1)Subject to subsection 5.3(3), the Minister may, in the circumstances described in subsection (2), issue an order requiring the person to whom it is directed to do, in accordance with the directions set out in the order, one or more of the following:
(a) to control or reduce the rate of release of any contaminant into or upon the environment or any part of the environment;
(b) to eliminate the release of any contaminant into or upon the environment or any part of the environment
(i) permanently,
(ii) for a specified period, or
(iii) in the circumstances set out in the order;
(c) to alter the manner of release of any contaminant into or upon the environment or any part of the environment;
(d) to alter the procedures to be followed in the control, reduction or elimination of the release of any contaminant into or upon the environment or any part of the environment;
(e) to install, replace or alter any equipment or thing designed to control, reduce or eliminate the release of any contaminant into or upon the environment or any part of the environment;
(f) to install, replace or alter a wastewater treatment facility or waterworks in order to control, reduce, eliminate or remedy the release of a contaminant into or upon the environment or any part of the environment;
(g) to conduct any investigation, make any tests and prepare and submit to the Minister any reports required by the Minister; and
(h) if a contaminant has been released into or upon the environment or any part of the environment, to carry out clean-up, site rehabilitation, restoration of land, premises or personal property or other remedial action.
5(2)The Minister may issue an order in relation to a contaminant if the Minister is of the opinion that
(a) the contaminant has been, is being or may be released into the environment at a rate exceeding the maximum rate established by this Act or the regulations for the release of that contaminant,
(b) the contaminant has been, is being or may be released into the environment in a manner prohibited under this Act or the regulations,
(c) the release of the contaminant is prohibited under this Act or the regulations, or
(d) it is in the best interests of the public to make the order, in circumstances where the release of the contaminant has caused, is causing or may cause
(i) the natural, physical, chemical or biological quality or constitution of the environment to be affected,
(ii) the health of human, plant or animal life or the safety or comfort of a human to be adversely affected,
(iii) property or plant or animal life to be damaged or rendered unfit for use by persons, or
(iv) visibility, the normal conduct of transport or business or the normal enjoyment of life or use or enjoyment of property to be interfered with.
5(3)An order under subsection (1) may be directed to any one or any combination of the following:
(a) the owner of the contaminant;
(b) the person having control of the contaminant;
(c) the person who, in the opinion of the Minister, by the person’s act or omission caused the release, whether directly or indirectly and whether or not the act or omission constituted an offence under this Act or the regulations;
(d) a person who owns, leases, manages or has charge or control of land, premises or personal property that has been, is being or may reasonably be expected to be adversely affected by the release;
(e) the authority having jurisdiction over the land or premises where the release occurred, is occurring or may occur; or
(f) any person whose assistance is, in the opinion of the Minister, necessary in order to deal effectively with the release or ameliorate the situation.
5(4)Subject to subsection 5.3(3), if, in the opinion of the Minister, a person has violated or has failed to comply with a provision of this Act or the regulations, the Minister may issue an order directing the person to comply with the provision in accordance with the directions set out in the order or to carry out such other action as the Minister considers necessary, including any action that the Minister may order to be done under subsection (1).
5(5)Notwithstanding the terms and conditions of any approval which may have been issued with respect to a source, wastewater works or waterworks, the Minister may, in the circumstances described in subsection (6), issue an order requiring the person to whom it is directed to do, in accordance with the directions set out in the order, one or more of the following:
(a) to conduct an investigation and make any tests of the construction, modification or operation of the source, wastewater works or waterworks and prepare and submit to the Minister any reports required by the Minister; and
(b) to make any modifications to the source, wastewater works or waterworks or to its operation as the Minister considers necessary.
5(6)The Minister may issue an order under subsection (5) if the Minister is of the opinion that it is in the best interests of the public to make the order, in circumstances where the source, wastewater works or waterworks has caused, is causing or may cause
(a) the natural, physical, chemical or biological quality or constitution of the environment to be affected,
(b) the health of human, plant or animal life or the safety or comfort of a human to be adversely affected,
(c) property or plant or animal life to be damaged or rendered unfit for use by persons, or
(d) visibility, the normal conduct of transport or business or the normal enjoyment of life or use or enjoyment of property to be interfered with.
5(7)If the Minister is notified by the Minister of Health and Wellness that, in the interest of the public health in a municipality, it is necessary that a waterworks should be constructed or modified, or that its operation should be commenced or modified, the Minister may order the municipality to undertake such construction or modification or commence or modify such operation in accordance with any directions that the Minister may set out in the order.
5(8)An order requiring the installation, replacement or alteration of a wastewater treatment facility or a waterworks may include
(a) a requirement that the person to whom the order is directed provide to the Minister such drawings, specifications and other information in relation to the facility as the Minister requires, and
(b) a compliance schedule requiring the completion of specified stages of construction or specified components or actions by specified dates.
1973, c.21, s.2; 1975, c.12, s.2; 1983, c.17, s.3; 1987, c.11, s.2; 1989, c.52, s.2; 1993, c.13, s.2; 2002, c.25, s.3
Orders – application and interpretation
5.001(1)A single order may deal with several contaminants or a combination of contaminants and may be directed to one or more persons.
5.001(2)Except in the case of an emergency situation, an order, including an amendment or revocation of an order, shall be in writing and shall include the reasons for the order.
5.001(3)Each person to whom an order is directed is responsible for ensuring and shall ensure that all of the work directed to be performed under the order is carried out and all of the action directed to be taken under the order is taken, at the person’s own expense, whether the order is directed to one or more than one person and whether or not the Minister has given directions by order to all of the persons to whom an order may be directed.
5.001(4)A person to whom an order is directed and such other persons, materials and equipment as that person considers necessary may enter upon any area, land, place or premises in order to comply with the order and may take all further action reasonably necessary to implement the directions contained in the order, and the owner or person in charge of the area, land, place or premises and any employees or agents of the owner or person in charge shall immediately permit those persons, materials and equipment to have all access reasonably necessary in order to implement fully and effectively the directions contained in the order.
5.001(5)An order remains in effect until
(a) the Minister has delivered a written notice to the persons to whom the order is directed, and to all other persons the Minister considers appropriate, to the effect that the order has been fully complied with, or
(b) the Minister has revoked the order.
5.001(6)A person to whom an order is directed may appeal in the manner provided by regulation, but the initiation of an appeal does not abrogate the requirement to comply with the order.
5.001(7)An order is binding upon the heirs, successors, executors, administrators and assigns of the person to whom it is directed.
2002, c.25, s.4
Action by Minister
5.01(1)Subject to subsection 5.3(3), where a contaminant has been, is being or may be released into the environment in the circumstances described in subsection (3), the Minister may enter upon any area, land, place or premises, together with such persons, materials and equipment as the Minister considers necessary and using the force the Minister considers necessary, and may take such further action the Minister considers necessary in order to prevent, control, reduce or eliminate the release of the contaminant and ameliorate the situation.
5.01(2)The owner or person in charge, and any employees or agents of the owner or person in charge, of the area, land, place or premises entered under subsection (1) shall immediately permit the persons, materials and equipment to have all access reasonably necessary in order to deal fully and effectively with the situation.
5.01(3)The Minister may take action under subsection (1), whether or not an order has previously been issued in relation to the release, if the Minister is of the opinion that
(a) it is in the best interests of the public to take the action, in circumstances where the release of the contaminant has caused, is causing or may cause
(i) the natural, physical, chemical or biological quality or constitution of the environment to be affected,
(ii) the health of human, plant or animal life or the safety or comfort of a human to be affected,
(iii) property or plant or animal life to be damaged or rendered unfit for use by persons, or
(iv) visibility, the normal conduct of transport or business or the normal enjoyment of life or use or enjoyment of property to be interfered with,
(b) the owner or the person having control of the contaminant
(i) cannot readily be identified,
(ii) has not dealt or, if so ordered, would not deal effectively with the release so as to prevent, control, reduce or eliminate the release or ameliorate the situation, or
(iii) has requested the assistance of the Minister, and
(c) the release cannot be dealt with effectively by means of an order or a further order under this Act or the regulations.
5.01(4)Actions taken by the Minister under subsection (1) may include those set out in subsection 5(1).
1989, c.52, s.3; 1993, c.13, s.3; 2002, c.25, s.5
Other order, failure or refusal to comply with an order
5.1(1)Subject to subsection 5.3(3), if, in the opinion of the Minister, the action taken under an order, this Act or the regulations is not adequate, the Minister may order the taking of such remedial action as the Minister considers necessary.
5.1(2)Subject to subsection 5.3(3), if a person to whom an order is directed fails or refuses to comply in whole or in part with the order or part of the order, the Minister, together with such persons, materials and equipment as the Minister considers necessary, may enter upon any land or premises, using the force the Minister considers necessary, and may take such further action the Minister considers necessary to effect compliance with or to carry out the order.
1987, c.11, s.3; 1989, c.52, s.4; 2002, c.25, s.6
Liability and recovery of costs
5.2(1)Upon written demand being made by the Minister, any costs incurred by the Minister while acting under section 5.01 or 5.1, including the cost of providing water and the cost of all persons, materials and equipment employed and the cost of ameliorating any adverse effect of the release of a contaminant, or restoring any land, premises or personal property under subsection 5.21(2) or of repairing any damage done when taking the action, shall be the liability of and paid by all persons
(a) who failed or refused to comply with any order in which they were directed to carry out the action, or
(b) whose act or omission caused, directly or indirectly, the release to which the matter relates.
5.2(2)If more than one person is liable to the Minister for costs under subsection (1), the Minister may recover all or any portion of the costs from any one or any combination of those persons, notwithstanding that any court may have determined the distribution of liability for the costs or that those persons may have made an agreement establishing a distribution of the costs.
5.2(2.1)Without restricting the generality of the costs that may be awarded in any application, action or other proceeding for the recovery of costs arising from the release or threat of release of a contaminant into the environment, no defence shall lie and the quantum of costs awarded shall not be limited in any way, by reason only that the costs were incurred by a person to whom an order was directed under this Act or the regulations respecting the release, in relation to performing work or taking action under the order, including the costs of
(a) all persons, materials and equipment employed,
(b) ameliorating any adverse effect of the release,
(c) restoring any land, premises or personal property under subsection 5.21(1), or
(d) repairing any other damage whatsoever done in those circumstances.
5.2(2.2)The determination by settlement, by any court or by any other means of any responsibility or liability in relation to the release of a contaminant shall in no way abrogate from the responsibility of any person to perform work or to carry out action in accordance with an order, to restore land, premises or personal property under subsection 5.21(1) or to pay the Minister as required under subsection (1) or (2).
5.2(3)Repealed: 2002, c.25, s.7
(a) the Minister has incurred any costs that remain unrecovered in part or in whole in relation to the release of a contaminant into the environment, and
(b) the Minister has made a written demand under subsection 5.2(1) where applicable,
the unrecovered costs may be recovered by the Minister by action in a court of competent jurisdiction as a debt owed to Her Majesty in right of New Brunswick.
5.2(5)No person shall make a claim for or seek to recover any costs incurred in relation to the release of a contaminant if the Minister has incurred unrecovered costs described in paragraph (4)(a) in relation to that release, unless that person first delivers to the Minister written notice of the action to be taken.
5.2(6)Within sixty days after receipt of a notice under subsection (5), the Minister may deliver written directions to the person who delivered the notice, requiring the person to amend pleadings where applicable and to take such further steps as are set out in the directions to claim and seek to recover any costs incurred by the Minister that remains unrecovered.
5.2(6.1)If the Minister has incurred costs described in paragraph (4)(a) and the Minister has made a written demand under subsection 5.2(1) where applicable, the Minister may issue a certificate setting out the amount of the unrecovered costs and the certificate shall be delivered to all persons named in the certificate.
5.2(6.2)Fifteen days after the day upon which a certificate issued under subsection (6.1) has been delivered, the Minister may file the certificate in The Court of Queen’s Bench of New Brunswick, and the certificate shall be entered and recorded in the Court, and when it is entered and recorded, the certificate becomes a judgment of the Court and may be enforced as a judgment obtained in the Court against the person named in the certificate for the amount set out in the certificate.
5.2(6.3)A person named in a certificate issued under subsection (6.1) may appeal both his or her liability for the unrecovered costs and the amount of the unrecovered costs set out in the certificate in the manner prescribed by regulation, and if an appeal is instituted under this subsection, the Minister may not file the certificate in accordance with subsection (6.2) until after the appeal has been determined in accordance with the regulations.
5.2(7)If another person has commenced an action that includes a claim on behalf of Her Majesty in right of the Province, the Minister may take the steps necessary to assume carriage of the action in order to recover the costs referred to in subsection (4).
5.2(8)If the Minister has incurred costs described in paragraph (4)(a) in relation to the release of a contaminant and a person to whom an order is directed is the insured under an insurance policy that provides for coverage for any loss or damage resulting from such a release, the insurer shall pay to the Minister any costs incurred by the Minister while acting under section 5.01 or subsection 5.21(2).
5.2(9)The Minister may enter into an agreement to share the proceeds of an insurance policy to which the Minister is entitled under subsection (8) on a pro rata basis or such other basis as the Minister considers appropriate with other persons who have incurred any costs in the circumstances described in subsection (8) and the insurer shall pay the proceeds in accordance with the agreement.
5.2(10)If an insurer has made a payment under subsection (8) or (9), the payment shall be deemed to be a payment with respect to loss or damage resulting from the event for which coverage was in effect.
5.2(11)Nothing in this section shall be deemed to require an insurer to pay the Minister or any other person a sum or sums totalling in excess of the coverage limits of an insurance policy.
5.2(12)In any claim or action under this section, a certificate purporting to be signed by the Minister setting out the amount of the costs described in paragraph (4)(a) is, without proof of the appointment, authority or signature of the person purporting to have signed the certificate, admissible in evidence and is, in the absence of evidence to the contrary, proof
(a) of the amount of the costs set out in the certificate, and
(b) that the costs were made necessary or caused by the release of a contaminant to which the claim or action relates.
5.2(13)The provisions of this section apply, with the necessary modifications, to any costs incurred by the Minister while
(a) acting under a regulation under this Act in relation to the actual or anticipated release of a contaminant into the environment,
(b) acting in relation to a person’s failure or refusal to comply with an order, or
(c) carrying out an investigation or inspection in relation to the issuance of an order under this Act or the regulations.
1987, c.11, s.3; 1989, c.52, s.5; 1993, c.13, s.4; 2002, c.25, s.7
Restoration of land, premises and personal property
5.21(1)A person who is directed under an order to perform work or take action and who does so, whether personally or by an agent, on, over or under land that is not owned by the person shall forthwith upon completing the work or action, restore the land and any premises and personal property adversely affected by the work or action to the condition it was in before the work or action commenced, to the extent reasonably practicable and at the expense of the person to whom the order is directed.
5.21(2)The Minister and all persons acting on behalf of the Minister shall, forthwith after taking action under section 5.01 on, over or under land that is not owned by the Crown in right of the Province, restore the land and any premises and personal property adversely affected by the action to the condition it was in before the action commenced, to the extent reasonably practicable.
2002, c.25, s.8
Effect of order or action
5.22The making of an order, the taking of action by the Minister under section 5.01 or subsection 5.1(2) or the restoring of land, premises or personal property under section 5.21 shall not
(a) affect the validity or force of any other order that may be made under this Act or the regulations before, during or after the issuing of that order or the taking of that action,
(b) be interpreted or deemed by any person or court to indicate that the release of a contaminant was caused, directly or indirectly, by any person to whom an order is directed under this Act or the regulations,
(c) be interpreted or deemed by any person or court to bear upon or affect the liability of any person to whom an order is directed under this Act or the regulations in relation to the release of a contaminant, or
(d) be interpreted or deemed by any person or court to bear upon or affect the liability of any person for any costs related to the release of a contaminant.
2002, c.25, s.8
Authority or permission under Act of Legislature, exemptions
5.3(1)No person shall release any contaminant or any class of contaminant into or upon the environment or any part of the environment if to do so would or could
(a) affect the natural, physical, chemical or biological quality or constitution of the environment,
(b) endanger the health, safety or comfort of a person or the health of animal life,
(c) cause damage to property or plant life, or
(d) interfere with visibility, the normal conduct of transport or business or the normal enjoyment of life or property,
unless that person is acting under and in compliance with authority or permission given under an Act of the Legislature.
5.3(2)Subject to subsection (3), an order may be issued and any other action may be taken by the Minister under this Act or the regulations respecting the release of a contaminant notwithstanding that the release is or may be caused or permitted by a person acting under authority or permission given under an Act of the Legislature and notwithstanding that such person is or may be acting in compliance with such authority or permission.
5.3(3)The Minister shall not make any order or take action respecting the release of a contaminant under subsection 5(1), 5(4) or 5.01(1) or section 5.1 if
(a) the Minister has made an order under section 22 of the Pesticides Control Act,
(b) an inspector appointed under the Pesticides Control Act has made an order under subsection 25(1) of that Act, or
(c) the Director of Pesticides Control has taken steps under subsection 30(2) of the Pesticides Control Act,
respecting the contaminant.
1989, c.52, s.6; 1993, c.13, s.5; 2002, c.25, s.9; 2011, c.20, s.2
Repealed
6Repealed: 1989, c.52, s.7
1973, c.21, s.2; 1975, c.12, s.3; 1989, c.52, s.7
Wetland Designation Order
6.1(1)Notwithstanding the definition of “environment” in section 1, in this section
“environment” means(environnement)
(a) air, water or soil,
(b) plant and animal life, including human life, and
(c) the social, economic, cultural and aesthetic conditions that influence the life of humans or of a community insofar as they are related to the matters described in paragraph (a) or (b).
6.1(2)For the purpose of protecting the environment of a wetland, the Minister or the Minister of Natural Resources, with the approval of the Lieutenant-Governor in Council, may by a Wetland Designation Order designate as a protected area all or any portion of a wetland.
6.1(3)A protected area designated under subsection (2) may include any land or water adjacent to the wetland that the Minister or the Minister of Natural Resources, as the case may be, considers necessary for the protection of the environment of the wetland.
6.1(4)A Wetland Designation Order shall include a commencement date.
6.1(5)A Wetland Designation Order may define any word or expression used but not defined in this Act for the purposes of the Order.
6.1(6)A Wetland Designation Order may impose requirements respecting one or more of the following:
(a) the prohibition, control or limitation of any activity or thing that might impact the environment of a protected area;
(b) the prohibition, control or limitation of the use of the land in a protected area;
(c) the prohibition, control or limitation of the use of the water in a protected area;
(d) terms and conditions respecting the use of the land or water in a protected area;
(e) terms and conditions respecting the activities that may be carried out in a protected area;
(f) standards for the purpose of protecting the environment of a protected area and methods of enforcing those standards.
6.1(7)A Wetland Designation Order shall include
(a) a schedule of any requirements imposed under subsection (6), and
(b) a description or plan of the protected area.
6.1(8)Notwithstanding the Regulations Act, any publication under that Act of a Wetland Designation Order that includes a plan of the protected area
(a) shall include a notice describing the locations referred to in paragraphs (9)(a), (b) and (c) where a copy of the Order, including the plan, may be found, and
(b) may include, instead of the plan of the protected area, a description of the protected area that contains sufficient detail for persons having an interest in property that may be affected by the Order to recognize that their property may be affected.
6.1(9)Before the commencement date of a Wetland Designation Order, the Minister or the Minister of Natural Resources, as the case may be, shall
(a) file a copy of the Order in the head office of the Department of Environment and Local Government and in the regional office of the Department of Environment and Local Government located closest to the protected area,
(b) file a copy of the Order in the head office of the Department of Natural Resources and in the regional office of the Department of Natural Resources located closest to the protected area,
(c) file a copy of the Order in any other location designated by regulation, and
(d) publish a notice at least once in one or more newspapers published in the county or counties in which the protected area is located or, if no newspaper is published in that county or counties, in a newspaper published in the Province and having general circulation in that county or counties.
6.1(10)A notice referred to in paragraph (9)(d) shall include a description or plan of the protected area and shall indicate that a schedule of any requirements imposed under subsection (6) may be inspected at
(a) the head office of the Department of Environment and Local Government and at the regional office of the Department of Environment and Local Government specified in the notice,
(b) the head office of the Department of Natural Resources and at the regional office of the Department of Natural Resources specified in the notice, and
(c) any other location at which the Order has been filed under paragraph (9)(c).
6.1(11)The Minister shall maintain a general register of Wetland Designation Orders at the head office of the Department of Environment and Local Government and shall maintain a regional register of Wetland Designation Orders at each regional office referred to in notices published under paragraph (9)(d), and the general and regional registers shall be open for inspection during normal business hours.
6.1(12)The Minister of Natural Resources shall maintain a general register of Wetland Designation Orders at the head office of the Department of Natural Resources and shall maintain a regional register of Wetland Designation Orders at each regional office referred to in notices published under paragraph (9)(d), and the general and regional registers shall be open for inspection during normal business hours.
6.1(13)A person who, on the commencement date of a Wetland Designation Order, owns or is proposing, developing, constructing, operating or maintaining an activity, thing or use that is prohibited, controlled, limited or otherwise affected by any requirements imposed under subsection (6) shall begin complying with those requirements on the commencement date of the Order and shall continue to comply with all requirements except those from which the person has been granted an exemption.
6.1(14)A person who, after the commencement date of a Wetland Designation Order, acquires, proposes or commences to develop, construct, operate or maintain an activity, thing or use that is prohibited, controlled, limited or otherwise affected by any requirements imposed under subsection (6) shall comply with all the requirements except those from which the person has been granted an exemption.
2003, c.6, s.2; 2004, c.20, s.10; 2006, c.16, s.23; 2012, c.39, s.33; 2012, c.52, s.15
Wetland Designation Order
6.2(1)A person who owns, acquires or is proposing, developing, constructing, operating or maintaining an activity, thing or use that is prohibited, controlled, limited or otherwise affected by any requirements imposed under subsection 6.1(6) may, at any time after the Wetland Designation Order is made, ask the Minister who made the Order to grant an exemption by delivering to that Minister a request for an exemption on a form prescribed by regulation and any other information or documents that that Minister considers necessary to consider the request.
6.2(2)Upon receipt of a request under subsection (1), that Minister may,
(a) on a form prescribed by regulation, grant an exemption in accordance with the regulations, permitting the development, construction, operation or maintenance of all or part of an activity, thing or use that is prohibited, controlled or limited by a requirement imposed in relation to a Wetland Designation Order, during a specified or an indefinite period of time as is set out in the exemption, subject to such requirements as that Minister may impose,
(b) acquire all or a portion of the land where the activity, thing or use is being developed, constructed, operated or maintained, or
(c) on a form prescribed by regulation, refuse the request and provide reasons for the refusal.
6.2(3)The Minister or the Minister of Natural Resources, as the case may be, shall not grant an exemption under subsection (2) unless, in accordance with New Brunswick Regulation 87-83 under the Clean Environment Act,
(a) the Minister has made a determination under paragraph 4(a) of that regulation, or
(b) the Lieutenant-Governor in Council has given an approval under subsection 16(2) of that regulation.
6.2(4)An exemption shall specify the name of the person or persons or the class of persons to whom all or any specified portion of the exemption applies, and the exemption or portion of it, as the case may be, shall apply
(a) unless otherwise specified, to the heirs, assigns, successors, executors and administrators of those persons, and
(b) where specified, to the employees and agents of those persons.
6.2(5)An exemption shall set out the Service New Brunswick parcel identifier number or numbers of the land to which it relates and any requirements imposed in relation to the exemption and shall include a description or plan of the land.
6.2(6)The Regulations Act does not apply to an exemption.
6.2(7)Subsection 6.1(9) does not apply to an exemption.
6.2(8)A person who is granted an exemption shall comply with any requirements that are imposed in relation to the exemption.
6.2(9)An exemption granted under paragraph (2)(a) shall be deemed to be a permit under paragraph 15(1)(b) of the Clean Water Act and the recipient of such an exemption is not required to apply under the Clean Water Act for a permit under paragraph 15(1)(b) of that Act.
2003, c.6, s.2; 2004, c.20, s.10
Wetland Designation Order – deemed not to be injuriously affected
6.3(1)Land or water shall be deemed not to be injuriously affected by reason only that
(a) all or any portion of it is designated or is adjacent to land or water that is designated as a protected area under section 6.1, or
(b) any requirements have been imposed under section 6.1 in relation to all or any portion of it or to land or water adjacent to all or any portion of it,
and no compensation shall be paid to the owner of land or to any person having any interest in land or water by reason only that it or any portion of it is, or is adjacent to, land or water that is designated as a protected area or in relation to which a requirement under section 6.1 is imposed.
6.3(2)If a conflict exists between this section and any other provision of this Act, this section prevails.
2003, c.6, s.2
Coastal Designation Order
6.4(1)Notwithstanding the definition of “environment” in section 1, in this section
“environment” means(environnement)
(a) air, water or soil,
(b) plant and animal life, including human life, and
(c) the social, economic, cultural and aesthetic conditions that influence the life of humans or of a community insofar as they are related to the matters described in paragraph (a) or (b).
6.4(2)For the purpose of protecting the environment of a coastal area, the Minister, with the approval of the Lieutenant-Governor in Council, may by a Coastal Designation Order designate as a protected area all or any portion of a coastal area.
6.4(3)A protected area designated under subsection (2) may include any land or water adjacent to the coastal area that the Minister considers necessary for the protection of the environment of the coastal area.
6.4(4)A Coastal Designation Order shall include a commencement date.
6.4(5)A Coastal Designation Order may define any word or expression used but not defined in this Act for the purposes of the Order.
6.4(6)A Coastal Designation Order may impose requirements respecting one or more of the following:
(a) the prohibition, control or limitation of any activity or thing that might impact the environment of a protected area;
(b) the prohibition, control or limitation of the use of the land in a protected area;
(c) the prohibition, control or limitation of the use of the water in a protected area;
(d) terms and conditions respecting the use of the land or water in a protected area;
(e) terms and conditions respecting the activities that may be carried out in a protected area;
(f) standards for the purpose of protecting the environment of a protected area and methods of enforcing those standards.
6.4(7)A Coastal Designation Order shall include
(a) a schedule of any requirements imposed under subsection (6), and
(b) a description or plan of the protected area.
6.4(8)Notwithstanding the Regulations Act, any publication under that Act of a Coastal Designation Order that includes a plan of the protected area
(a) shall include a notice describing the locations referred to in paragraphs (9)(a) and (b) where a copy of the Order, including the plan, may be found, and
(b) may include, instead of the plan of the protected area, a description of the protected area that contains sufficient detail for persons having an interest in property that may be affected by the Order to recognize that their property may be affected.
6.4(9)Before the commencement date of a Coastal Designation Order, the Minister shall
(a) file a copy of the Order in the head office of the Department of Environment and Local Government and in the regional office of the Department of Environment and Local Government located closest to the protected area,
(b) file a copy of the Order in any other location designated by regulation, and
(c) publish a notice at least once in one or more newspapers published in the county or counties in which the protected area is located or, if no newspaper is published in that county or counties, in a newspaper published in the Province and having general circulation in that county or counties.
6.4(10)A notice referred to in paragraph (9)(c) shall include a description or plan of the protected area and shall indicate that a schedule of any requirements imposed under subsection (6) may be inspected at
(a) the head office of the Department of Environment and Local Government and at the regional office of the Department of Environment and Local Government specified in the notice, and
(b) any other location at which the Order has been filed under paragraph (9)(b).
6.4(11)The Minister shall maintain a general register of Coastal Designation Orders at the head office of the Department of Environment and Local Government and shall maintain a regional register of Coastal Designation Orders at each regional office referred to in notices published under paragraph (9)(c), and the general and regional registers shall be open for inspection during normal business hours.
6.4(12)A person who, on the commencement date of a Coastal Designation Order, owns or is proposing, developing, constructing, operating or maintaining an activity, thing or use that is prohibited, controlled, limited or otherwise affected by any requirements imposed under subsection (6) shall begin complying with those requirements on the commencement date of the Order and shall continue to comply with all requirements except those from which the person has been granted an exemption.
6.4(13)A person who, after the commencement date of a Coastal Designation Order, acquires, proposes or commences to develop, construct, operate or maintain an activity, thing or use that is prohibited, controlled, limited or otherwise affected by any requirements imposed under subsection (6) shall comply with all the requirements except those from which the person has been granted an exemption.
2003, c.6, s.2; 2006, c.16, s.23; 2012, c.39, s.33
Coastal Designation Order – exemptions
6.5(1)A person who owns, acquires or is proposing, developing, constructing, operating or maintaining an activity, thing or use that is prohibited, controlled, limited or otherwise affected by any requirements imposed under subsection 6.4(6) may, at any time after the Coastal Designation Order is made, ask the Minister to grant an exemption by delivering to the Minister a request for an exemption on a form prescribed by regulation and any other information or documents that the Minister considers necessary to consider the request.
6.5(2)Upon receipt of a request under subsection (1), the Minister may,
(a) on a form prescribed by regulation, grant an exemption in accordance with the regulations, permitting the development, construction, operation or maintenance of all or part of an activity, thing or use that is prohibited, controlled or limited by a requirement imposed in relation to a Coastal Designation Order, during a specified or an indefinite period of time as is set out in the exemption, subject to such requirements as the Minister may impose,
(b) acquire all or a portion of the land where the activity, thing or use is being developed, constructed, operated or maintained, or
(c) on a form prescribed by regulation, refuse the request and provide reasons for the refusal.
6.5(3)The Minister shall not grant an exemption under subsection (2) that relates to a wetland in a coastal area unless, in accordance with New Brunswick Regulation 87-83 under the Clean Environment Act,
(a) the Minister has made a determination under paragraph 4(a) of that regulation, or
(b) the Lieutenant-Governor in Council has given an approval under subsection 16(2) of that regulation.
6.5(4)An exemption shall specify the name of the person or persons or the class of persons to whom all or any specified portion of the exemption applies, and the exemption or portion of it, as the case may be, shall apply
(a) unless otherwise specified, to the heirs, assigns, successors, executors and administrators of those persons, and
(b) where specified, to the employees and agents of those persons.
6.5(5)An exemption shall set out the Service New Brunswick parcel identifier number or numbers of the land to which it relates and any requirements imposed in relation to the exemption and shall include a description or plan of the land.
6.5(6)The Regulations Act does not apply to an exemption.
6.5(7)Subsection 6.4(9) does not apply to an exemption.
6.5(8)A person who is granted an exemption shall comply with any requirements that are imposed in relation to the exemption.
6.5(9)An exemption granted under paragraph (2)(a) that relates to a watercourse or a wetland in a coastal area shall be deemed to be a permit under paragraph 15(1)(b) of the Clean Water Act and the recipient of such an exemption is not required to apply under the Clean Water Act for a permit under paragraph 15(1)(b) of that Act.
2003, c.6, s.2
Coastal Designation Order – deemed not to be injuriously affected
6.6(1)Land or water shall be deemed not to be injuriously affected by reason only that
(a) all or any portion of it is designated or is adjacent to land or water that is designated as a protected area under section 6.4, or
(b) any requirements have been imposed under section 6.4 in relation to all or any portion of it or to land or water adjacent to all or any portion of it,
and no compensation shall be paid to the owner of land or to any person having any interest in land or water by reason only that it or any portion of it is, or is adjacent to, land or water that is designated as a protected area or in relation to which a requirement under section 6.4 is imposed.
6.6(2)If a conflict exists between this section and any other provision of this Act, this section prevails.
2003, c.6, s.2
Order to comply with Designation Order
6.7Subject to subsection 5.3(3), if the Minister is satisfied, on reasonable and probable grounds, that a person is required to comply and is failing or refusing to comply, in whole or in part, with a Wetland Designation Order or a Coastal Designation Order or with requirements imposed in relation to an exemption, the Minister may order the taking of such action as the Minister considers necessary to effect compliance with or to carry out the order or requirements, as the case may be.
2003, c.6, s.2
Authorized or permissible contaminant
7Where any person, by the provisions of any other Act or by any agreement passed or made prior to the coming into force of this section, is authorized or permitted to discharge or emit contaminants for a period or to an extent prohibited by this Act, the Lieutenant-Governor in Council may exempt that person from the provisions of this Act or the regulations for a period and subject to such conditions as the Lieutenant-Governor in Council may prescribe.
1971, c.3, s.6; 1974, c.4 (Supp.), s.3; 2002, c.25, s.10
Repealed
8Repealed: 1989, c.52, s.8
1971, c.3, s.7; 1989, c.52, s.8
Repealed
9Repealed: 1989, c.52, s.9
1971, c.3, s.8; 1975, c.12, s.4; 1987, c.6, s.7; 1989, c.52, s.9
Repealed
10Repealed: 1989, c.52, s.10
1971, c.3, s.9; 1989, c.52, s.10
Repealed
11Repealed: 1989, c.52, s.11
1971, c.3, s.10; 1975, c.12, s.5; 1983, c.17, s.4; 1987, c.11, s.4; 1989, c.52, s.11
Registrations, licences, permits and approvals
12Where a registration, licence, permit or approval is required under this Act or the regulations the Minister may issue, transfer, suspend, cancel, renew or reinstate the registration, licence, permit or approval in the manner prescribed by regulation.
1971, c.3, s.11; 1975, c.12, s.5; 1987, c.11, s.5
Registers
13(1)The Minister shall maintain a register in the form considered suitable by the Minister in which is to be entered, with respect to each application for a registration, licence, permit or approval under this Act or the regulations, such information as the Minister considers appropriate.
13(2)The register kept under subsection (1) shall be open for inspection at all reasonable times by any person on payment of the fee prescribed by regulation.
1971, c.3, s.12; 1975, c.12, s.5; 1987, c.11, s.6; 1989, c.52, s.12
Appeals
14(1)Any person whose registration, licence, permit or approval has been suspended or cancelled or whose application for a registration, licence, permit or approval or transfer, reinstatement or renewal of a registration, licence, permit or approval has been refused may appeal the suspension, cancellation or refusal in the manner prescribed by regulation.
14(2)Any person whose request for an exemption from a Wetland Designation Order or a Coastal Designation Order has been refused may appeal the refusal in the manner prescribed by regulation.
14(3)For the purposes of an appeal under subsection (2) relating to an exemption granted by the Minister of Natural Resources, any references in New Brunswick Regulation 84-179 under the Clean Environment Act to
(a) Minister, notwithstanding the definition of “Minister” in section 1, means the Minister of Natural Resources, and
(b) Department of Environment and Local Government, means the Department of Natural Resources.
1971, c.3, s.13; 1975, c.12, s.5; 1987, c.11, s.7; 1989, c.52, s.13; 2003, c.6, s.3; 2004, c.20, s.10; 2006, c.16, s.23; 2012, c.39, s.33
Conflict of law
14.1(1)Except where otherwise specified, if a conflict exists between this Act or any regulation made under this Act and any other Act of the Legislature, whether public or private, or any regulation made under any other Act, this Act and any regulation made under it prevail.
14.1(2)No order, direction or requirement issued, given or imposed by the Minister and no prosecution commenced under this Act or any regulation made under this Act is invalid and no other action taken by the Minister under this Act or any regulation made under this Act is unauthorized by reason only that it might also have been issued, given, imposed, commenced or taken under the Clean Water Act or any regulation made under the Clean Water Act.
1975, c.12, s.5; 1989, c.52, s.14; 2002, c.25, s.11
Agreements by Minister re intent of Act
15(1)The Minister may, with the approval of the Lieutenant-Governor in Council, enter into agreements with one or more of the following:
(a) Canada;
(b) a province or territory;
(c) a state of the United States of America;
(d) a municipality or rural community; and
(e) any person.
15(2)An agreement under subsection (1) shall carry out the intent of this Act and may establish intergovernmental or other committees to co-ordinate and implement programs relating to the objectives of this Act and to maintain continuing consultation and advise on policies and programs relating to the objectives of this Act.
1971, c.3, s.14; 1989, c.52, s.15; 2005, c.7, s.10
Assistance by Minister
15.1(1)Notwithstanding the Community Funding Act, the Minister, with the approval of the Lieutenant-Governor in Council, may
(a) assist
(i) a municipality, a rural community or a corporation established under section 15.2 with any plan, works or undertaking
(A) for the control, reduction, elimination or prevention of contamination, or
(B) for the establishment of any waterworks or wastewater works;
(ii) Repealed: 2012, c.44, s.1
(b) defray part of the cost of such plan, works or undertaking;
(c) guarantee the repayment of any loan obtained by a municipality or rural community for such purposes; or
(d) pay all or part of the interest on any such loan.
Agreements re waterworks, sewage works or solid waste
15.1(2)With the approval of the Lieutenant-Governor in Council, the Minister may enter into any agreement with respect to
(a) the acquisition, transfer of ownership, establishment, repair, operation, alteration or extension of any waterworks or wastewater works, and
(b) Repealed: 2012, c.44, s.1
1975, c.12, s.6; 1985, c.6, s.2; 1993, c.13, s.6; 1994, c.91, s.2; 2005, c.7, s.10; 2012, c.44, s.1; 2012, c.56, s.29
Water or wastewater commissions
15.2(1)The Lieutenant-Governor in Council may
(a) establish a water or wastewater commission for one or more areas of the Province,
(b) determine its name,
(c) define the boundaries of the area for which it is established and modify its boundaries,
(d) prescribe the original terms of office of its members,
(e) prescribe its duties and powers, and
(f) exempt it, in whole or in part, from the provisions of Part 3 of the Energy and Utilities Board Act.
15.2(2)The Regulations Act does not apply to an order made under subsection (1).
15.2(3)A water or wastewater commission is a body corporate.
15.2(4)A water or wastewater commission may
(a) construct, acquire, establish, enlarge, control, manage, maintain and operate waterworks or wastewater works,
(b) provide and supply water to a person,
(c) receive, treat or dispose of wastewater from a person;
(d) make arrangements and enter into agreements with a person with respect to the operation of waterworks, wastewater works, supply of water or the reception, treatment and disposal of wastewater,
(e) acquire, hold and dispose of real or personal property,
(f) engage and pay personnel,
(g) finance any of its undertakings,
(h) assess, charge and collect fees for services from a person,
(i) operate a waterworks or wastewater works on behalf of a government or a person, and
(j) generally, perform any function or duty prescribed by the Lieutenant-Governor in Council.
15.2(5)The membership of a water or wastewater commission shall be as follows:
(a) for each participating municipality, two members appointed by the council of the municipality that the member represents;
(b) for each participating rural community, two members appointed by the rural community council that the member represents;
(c) not more than five members representing the participating unincorporated areas, appointed by the Minister; and
(d) despite paragraphs (a) to (c), if a water or wastewater commission is established for an area containing only one municipality or one rural community and no unincorporated areas, not more than five members representing the participating municipality or the participating rural community, appointed by the council of the municipality or the rural community council that the member represents.
15.2(6)The term of office of a member of a water or wastewater commission is four years and the member may be reappointed, but no member shall serve more than three consecutive terms.
15.2(7)A participating municipality may at any time remove from office a member of a water or wastewater commission who was appointed by the municipality, and may appoint a member to complete the term of office of the member who was removed.
15.2(8)A participating rural community may at any time remove from office a member of a water or wastewater commission who was appointed by the rural community, and may appoint a member to complete the term of office of the member who was removed.
15.2(9)The Minister may at any time remove from office a member of a water or wastewater commission who was appointed by the Minister, and may appoint a member to complete the term of office of the member who was removed.
15.2(10)When a member of a water or wastewater commission is not reappointed or replaced on the expiry of his or her term, the member’s subsequent reappointment or the appointment of a replacement shall be deemed to have taken place immediately after the expiration of the member’s term.
15.2(11)If a member of a water or wastewater commission for any reason does not complete the member’s term of office, the municipality, the rural community or the Minister, as the case may be, may appoint a member for the remainder of the term and the term of the member appointed is deemed to be the term referred to in subsection (6).
15.2(12)The members of a water or wastewater commission may make, amend and repeal by-laws for the control and management of the business and affairs of the water or wastewater commission.
15.2(13)The members of a water or wastewater commission shall elect from among the membership the executive officers of the water or wastewater commission.
15.2(14)Each water or wastewater commission shall establish, in its by-laws, a quorum for its meetings, and a quorum shall comprise at least one-half of the number of members who, at the time when the meeting in issue is held, hold an appointment to the commission.
15.2(15)Every vote on a motion made at a meeting of a water or wastewater commission shall be taken when a quorum is present.
15.2(16)A motion made at a meeting of a water or wastewater commission to approve an annual budget for the commission or to approve the borrowing of money shall not pass unless at least two-thirds of the members of the commission present, who represent at least two-thirds of the total population represented by all the members present, vote in favour.
15.2(17)In a vote on a motion made at a meeting of a water or wastewater commission to approve an annual budget for the commission or to approve the borrowing of money
(a) all members of the commission who are present, including the chair, shall cast their vote openly and individually, and not by ballot or other secret means, and
(b) a member who is present and who does not vote, for any reason, shall be deemed to have voted in favour of the motion.
15.2(18)A motion made at a meeting of a water or wastewater commission other than a motion to approve an annual budget for the commission or to approve the borrowing of money shall not pass unless 50% plus one of the members of the commission present, or a higher percentage as set by the commission by by-law, vote in favour.
15.2(19)The members of a water or wastewater commission shall not vote on a budget for the commission or to borrow money unless the commission has given written notice of the vote and a copy of the proposed budget or borrowing to each participating municipality, to each participating rural community and, if a participating unincorporated area is served by the commission, to the Minister at least 45 days before the vote.
15.2(20)Each water or wastewater commission shall adopt an operating budget for the forthcoming fiscal year of the commission and submit the adopted budget to each participating municipality, to each participating rural community and to the Minister no later than November 30 of each year.
15.2(21)Within three months after the end of the fiscal year of a water or wastewater commission, the commission shall ensure that annual audited financial statements are prepared in conformity with subsection (22) and shall transmit copies of the audited financial statements to each participating municipality, to each participating rural community and to the Minister.
15.2(22)The annual audited financial statements required under subsection (21) shall be conducted by a chartered accountant or a certified general accountant, in accordance with the systems of estimates, bookkeeping, accounting and auditing and all other guidelines prescribed under section 8 of the Control of Municipalities Act.
15.2(23)Within three months after the end of its fiscal year, a water or wastewater commission shall prepare and submit to each participating municipality, to each participating rural community and to the Minister an annual report in which is set out a description of its activities during the previous fiscal year.
15.2(24)A water or wastewater commission shall hold an annual general meeting open to the public.
15.2(25)The Lieutenant-Governor in Council may appoint a trustee to whom and in whom shall be transferred and vested on the appointment, without further action, all rights, powers, functions, duties and responsibilities of the members of a water or wastewater commission for the period the Lieutenant-Governor in Council considers fit, if, in the opinion of the Minister, the members
(a) are not functioning effectively,
(b) fail to fulfil their responsibilities under this Act and the regulations, or
(c) fail to comply or to ensure that the water or wastewater commission complies with any applicable provision of this Act or the regulations.
15.2(26)If a trustee is appointed under subsection (25), the members of the water or wastewater commission are, without further action, removed from office.
15.2(27)If satisfied that the reason for appointing a trustee under subsection (25) no longer exists, the Lieutenant-Governor in Council may terminate the appointment of the trustee and all rights, powers, functions, duties and responsibilities transferred to and vested in or acquired by the trustee are, on the termination and without further action, transferred to and vested in the members of the water or wastewater commission appointed in accordance with subsection (5).
1975, c.12, s.6; 1985, c.6, s.3; 1993, c.13, s.7; 1994, c.91, s.3; 2006, c.E-9.18, s.93; 2012, c.32, s.1
Repealed
15.3Repealed: 2012, c.44, s.1
1994, c.91, s.4; 2010, c.19, s.1; 2012, c.44, s.1
Repealed
15.4Repealed: 2012, c.44, s.1
1994, c.91, s.4; 1998, c.41, s.20; 2000, c.26, s.37; 2005, c.7, s.10; 2012, c.44, s.1
Repealed
15.5Repealed: 2012, c.44, s.1
1994, c.91, s.4; 2012, c.44, s.1
Repealed
15.6Repealed: 2012, c.44, s.1
1994, c.91, s.4; 2012, c.44, s.1
Repealed
15.7Repealed: 2012, c.44, s.1
1994, c.91, s.4; 1998, c.41, s.20; 2000, c.26, s.37; 2005, c.7, s.10; 2012, c.44, s.1
Repealed
15.8Repealed: 2012, c.44, s.1
1994, c.91, s.4; 1998, c.41, s.20; 2000, c.26, s.37; 2005, c.7, s.10; 2012, c.44, s.1
Repealed
15.9Repealed: 2012, c.44, s.1
1994, c.91, s.4; 2012, c.44, s.1
Repealed
15.91Repealed: 2012, c.44, s.1
2010, c.19, s.2; 2012, c.44, s.1
Repealed
15.92Repealed: 2012, c.44, s.1
2010, c.19, s.2; 2012, c.44, s.1
Repealed
15.93Repealed: 2012, c.44, s.1
2010, c.19, s.2; 2012, c.44, s.1
Repealed
15.94Repealed: 2012, c.44, s.1
2010, c.19, s.2; 2012, c.44, s.1
Repealed
15.95Repealed: 2012, c.44, s.1
2010, c.19, s.2; 2012, c.44, s.1
Environmental council
16(1)The Lieutenant-Governor in Council may establish an environmental council consisting of not less than five members appointed by the Lieutenant-Governor in Council who shall not be members of the Legislative Assembly or employed by the Province or the government of Canada.
16(2)The Lieutenant-Governor in Council may designate a member of the council to be chairman and another member to be vice-chairman.
16(3)Three members of the council including the chairman or vice-chairman constitute a quorum.
16(4)Each member of the council shall hold office for a term of three years or until a successor is appointed.
16(5)Each member of the council shall be paid the travelling and out-of-pocket expenses necessarily incurred by him in discharging his duties as a member of the council, and may be paid such per diem allowance as the Lieutenant-Governor in Council may from time to time prescribe.
1971, c.3, s.15; 1983, c.17, s.5
Duties of council
17The council shall
(a) study, investigate and report on any matter coming within this Act when requested to do so by the Minister or the Lieutenant-Governor in Council,
(b) receive submissions from any person concerning any matter coming within this Act, and
(c) with the approval of the Minister study, investigate and report on any matter coming within the provisions of this Act.
1971, c.3, s.16
Rules of procedure of council
18To carry out its duties the council may establish its own rules of procedure.
1971, c.3, s.17
Reports by council
19The reports to be made under section 17 shall be made to the Minister.
1971, c.3, s.18
Annual report of council
20The council shall submit annual reports to the Minister on matters dealt with by the council including
(a) submissions received by the council,
(b) investigations conducted by the council,
(c) reports made by the council, and
(d) recommendations of council.
1971, c.3, s.19
Annual report to be tabled
21Upon receiving an annual report from the council, the Minister shall lay the report before the next ensuing session of the Legislature.
1971, c.3, s.20
Engagement of persons with special knowledge
22The council may from time to time, with the approval of the Minister, engage the services of persons having special technical or other knowledge in connection with any public hearing, investigation or study under this Act.
1971, c.3, s.21
Stewardship boards
22.1(1)The Minister may, in accordance with the regulations, establish a stewardship board for the following purposes:
(a) managing the manufacture, storage, collection, transportation, recycling, disposal or other handling of a designated material; and
(b) ensuring that an industry’s manufacture, storage, collection, transportation, recycling, disposal or other handling of a designated material is done in accordance with a stewardship plan approved by the board.
22.1(2)The Minister may determine the name of a stewardship board.
22.1(3)A stewardship board is a body corporate.
22.1(4)A stewardship board shall have the functions, duties, powers, objects and purposes established in subsection (1) and in the regulations, and shall make arrangements and enter into agreements and contracts, raise revenues, charge fees and finance its undertakings, deal with property, engage and pay personnel, establish its rules of procedure for meetings and the conduct of its business and affairs, manage a designated material and otherwise be established and act in accordance with the regulations.
22.1(5)The business and affairs of a stewardship board shall be controlled and managed by the members of the stewardship board appointed in accordance with the regulations.
22.1(6)A stewardship board may, for the purposes set out in subsection (1) and for the objects and purposes established for it by regulation, delegate by written agreement or contract, any of its powers in relation to the management of a designated material, including the collection and remittance of fees, deposits and refunds.
1996, c.50, s.2; 2006, c.10, s.1
Designation of inspectors
23The Minister may designate any person as an inspector for the purposes of this Act.
1971, c.3, s.22
Powers of inspectors
24An inspector, at any reasonable time and upon presentation of identification on a form provided by the Minister, may, for the purpose of administering this Act,
(a) enter any area, land, place or premises where the inspector reasonably believes a contaminant was or is being or will be produced or in, into or from which the inspector reasonably believes a contaminant was or is being or will be released and inspect the area, land, place or premises,
(b) inspect any structure, installation, operation, plant or machinery, inspect and test any process of production or manufacture and any raw or manufactured substance or material used in or relating to the process that the inspector reasonably believes has been, is or will be producing or releasing a contaminant and take samples of discharges, deposits, effluents or emissions, and
(c) take samples of any substance or material.
1971, c.3, s.23; 1986, c.6, s.3; 1989, c.52, s.16; 1993, c.13, s.8; 2002, c.25, s.12
Entry of private dwelling by inspector
24.1An inspector shall not enter a private dwelling under section 24 unless the inspector
(a) is acting in an emergency situation,
(b) has the consent of a person who appears to be an adult and an occupant of the dwelling, or
(c) obtains an entry warrant in accordance with the Entry Warrants Act.
1986, c.6, s.4; 1989, c.52, s.17
Detention for purposes of evidence
24.2An inspector may detain for the purposes of evidence
(a) any object, substance or material or a sample of any object, substance or material, and
(b) any documentary material regardless of physical form or characteristics,
which the inspector discovers while acting under section 24 and believes, on reasonable grounds, may afford evidence of a violation of a provision of or a failure to comply under this Act or the regulations.
1986, c.6, s.4; 1989, c.52, s.18
Assistance to inspectors
25The owner or person in charge of any area, land, place or premises and any employees or agents of the owner or person in charge shall give all reasonable assistance to an inspector to enable the inspector to carry out the inspector’s duties under this Act and shall furnish the inspector with such information as the inspector may reasonably require.
1971, c.3, s.24; 1989, c.52, s.19; 2002, c.25, s.13
Obstruction or hindrance of inspectors
26No person shall obstruct or hinder an inspector in the carrying out of the inspector’s duties under this Act.
1971, c.3, s.25; 1989, c.52, s.20
Statements to inspectors
27No person shall knowingly, make a false or misleading statement, either orally or in writing, to an inspector or other person engaged in carrying out his duties under this Act.
1971, c.3, s.26
Designation of analysts
28The Minister may designate any person as an analyst for the purposes of this Act.
1971, c.3, s.27
Certificate of analyst
29(1)Subject to this section, a certificate of an analyst stating that the analyst has analyzed or examined a sample submitted to the analyst by an inspector and stating the result of the analyst’s analysis or examination is admissible in evidence in a prosecution with respect to an offence under this Act or the regulations and in the absence of evidence to the contrary is proof of the statements contained in the certificate without proof of the appointment, authority or signature of the person purporting to have signed the certificate.
29(2)The party against whom a certificate of an analyst is produced under subsection (1) may, with leave of the court, require the attendance of the analyst for purposes of cross-examination.
29(3)A certificate shall not be received in evidence under subsection (1) unless the party intending to produce it has given reasonable notice of the intention, together with a copy of the certificate, to the party against whom it is intended to be produced.
1971, c.3, s.28; 1989, c.52, s.21
Fees, rentals and charges
30An applicant, a person who takes any proceeding and a holder of a registration, licence, permit or approval shall pay the fees, rentals and charges established by regulation in the manner prescribed by regulation.
1971, c.3, s.29; 1975, c.12, s.7; 1987, c.11, s.8; 1989, c.52, s.22
Application
31Her Majesty in right of Canada and Her Majesty in right of New Brunswick are bound by the provisions of this Act.
1971, c.3, s.30; 1993, c.13, s.9
Environmental regulations
31.1(1)Notwithstanding the definition of “environment” in section 1, in this section
“environment” means(environnement)
(a) air, water or soil,
(b) plant and animal life including human life, and
(c) the social, economic, cultural and aesthetic conditions that influence the life of humans or of a community insofar as they are related to the matters described in paragraph (a) or (b);
“environmental impact” means any change to the environment;(impact sur l’environnement)
“environmental impact assessment” means a process by which the environmental impact caused by or resulting from an undertaking is predicted and evaluated;(étude d’impact sur l’environnement)
“proponent” means a person who(promoteur)
(a) carries out or proposes to carry out an undertaking, or
(b) is the owner or person having charge, management or control of an undertaking;
“undertaking” means any enterprise, activity, project, structure, work or program designated by regulation to be an enterprise, activity, project structure, work or program that may, in the opinion of the Lieutenant-Governor in Council, result in a significant environmental impact, and includes a modification, an extension, an abandonment, a demolition and a rehabilitation thereof.(ouvrage)
31.1(2)The Lieutenant-Governor in Council may make regulations
(a) designating enterprises, activities, projects, structures, works or programs, by class or individually, to be enterprises, activities, projects, structures, works or programs that may, in his opinion, result in a significant environmental impact;
(b) requiring the registration of all undertakings prior to their commencement for the purpose of determining whether the undertaking may be carried on
(i) without the completion of an environmental impact assessment, or
(ii) only after the completion of an environmental impact assessment in accordance with the regulations and the receipt of an approval from the Lieutenant-Governor in Council;
(c) requiring, for purposes of a further determination under regulations made pursuant to paragraph (b), the re-registration of undertakings that have not proceeded within three years after
(i) a determination was made that completion of an environmental impact assessment was not required, or
(ii) an approval was given following the completion of a required environmental impact assessment;
(d) requiring, for purposes of a further determination under regulations made pursuant to paragraph (b), the re-registration of an undertaking if it varies from the undertaking
(i) in relation to which a determination was made that the completion of an environmental impact assessment was not required, or
(ii) for which an approval was given following the completion of a required environmental impact assessment;
(e) Repealed: 1985, c.6, s.5
(f) respecting the documentation required to be submitted in relation to the registration or re-registration of an undertaking;
(g) classifying environmental impact assessments;
(h) respecting the carrying out of environmental impact assessments, including the terms of reference governing such assessments;
(i) respecting the preparation and submission of environmental impact assessment reports;
(j) respecting the establishment of environmental impact assessment review committees and their duties;
(k) respecting the making of reports and statements prepared in relation to environmental impact assessments available to the public;
(l) respecting the holding of public meetings in relation to environmental impact assessments;
(m) respecting the determination of whether or not the completion of an environmental impact assessment is required in relation to an undertaking and respecting the approval of undertakings following the completion of required environmental impact assessments;
(n) respecting the criteria to be considered in determining
(i) whether or not the completion of an environmental impact assessment is required in relation to an undertaking, or
(ii) whether or not an approval should be given in relation to an undertaking following the completion of a required environmental impact assessment;
(o) prohibiting a proponent from carrying on an undertaking unless
(i) a determination has been made that the undertaking may be carried on without the completion of an environmental impact assessment, or
(ii) an approval has been given following the completion of a required environmental impact assessment;
(p) respecting terms and conditions to which determinations or approvals made or given pursuant to regulations made under this section are subject;
(q) authorizing the Minister to issue an order directing the discontinuance of an undertaking carried on in violation of regulations made under this section or in violation of terms and conditions imposed for the undertaking;
(r) respecting the effect of orders made by the Minister under paragraph (q);
(s) respecting the powers and duties in relation to undertakings and environmental impact assessments of inspectors designated under section 23;
(t) respecting fees payable under this section;
(u) respecting the suspension and revocation of determinations or approvals made or given under this section;
(v) respecting the submission to the Minister of drawings, specifications and other information in relation to the carrying on of an undertaking and respecting the submission to the Minister of a schedule or schedules specifying completion dates for stages or components of an undertaking or actions related thereto.
31.1(3)Regulations made under this section may be general or specific in their application.
31.1(4)Regulations made under this section apply only with respect to undertakings commenced after the coming into force of this section.
31.1(5)The Lieutenant-Governor in Council may, subject to such terms and conditions as he may specify, exempt an undertaking from the regulations made under this section.
1983, c.17, s.6; 1985, c.4, s.11; 1985, c.6, s.5; 1991, c.27, s.8; 2003, c.6, s.4; 2003, c.6, s.4
Regulations
32The Lieutenant-Governor in Council may make regulations
(a) Repealed: 2002, c.25, s.14
(b) prescribing any matter to be waste;
(b.1) Repealed: 1975, c.12, s.8
(c) Repealed: 2002, c.25, s.14
(c.1) respecting the granting of an exemption in relation to a Wetland Designation Order or a Coastal Designation Order;
(d) prescribing or authorizing the Minister to establish the form of and the manner in which registrations, licences, permits and approvals are to be issued, transferred, suspended, cancelled, renewed and reinstated;
(e) Repealed: 1989, c.52, s.23
(e.1) prescribing fees to be paid under subsection 13(2);
(e.2) prescribing fees to be paid upon the application for, and upon the issuance, transfer, renewal and reinstatement of any registration, licence, permit and approval;
(e.3) providing for the appeal of any order or decision made under the regulations;
(f) prescribing the manner of appeal from orders or other decisions made under this Act or the regulations, including prescribing the effect of such order or decision pending the determination of the appeal;
(f.01) respecting additional functions and duties for water or wastewater commissions established under section 15.2;
(f.02) respecting voting procedures and requirements for water or wastewater commissions established under section 15.2, including the weighting of votes for proportional representation;
(f.03) respecting the preparation and submission of annual reports by water or wastewater commissions established under section 15.2;
(f.1) Repealed: 2012, c.44, s.1
(f.11) Repealed: 2012, c.44, s.1
(f.12) Repealed: 2012, c.44, s.1
(f.13) Repealed: 2012, c.44, s.1
(f.2) Repealed: 2012, c.44, s.1
(f.3) Repealed: 2012, c.44, s.1
(f.4) Repealed: 2012, c.44, s.1
(f.5) Repealed: 2012, c.44, s.1
(f.6) Repealed: 2012, c.44, s.1
(f.7) Repealed: 2012, c.44, s.1
(f.8) Repealed: 2012, c.44, s.1
(f.9) Repealed: 2012, c.44, s.1
(f.91) Repealed: 2012, c.44, s.1
(g) establishing a tariff of fees, rentals and charges payable under section 30;
(h) Repealed: 1989, c.52, s.23
(h.1) Repealed: 1989, c.52, s.23
(h.2) Repealed: 1989, c.52, s.23
(i) respecting the duties and powers of inspectors and analysts, the taking of samples and the making of analyses for the purposes of this Act;
(j) regulating, controlling or prohibiting the erection or placing of structures of any kind upon the ice of any body of water, including providing for the removal of any such structures erected or placed contrary to regulation;
(k) regulating, controlling, prohibiting, directing or providing for the construction, alteration, modification, operation, location, repair, monitoring, testing, inspection, discharge or removal of any source of contaminant, danger of pollution, waterworks, wastewater works, hydro-electric project, control dam, or any class thereof, and providing for the issue, transfer, suspension, cancellation, renewal and reinstatement of registrations, licences, permits and approvals for the construction, alteration, modification, operation, location, repair, monitoring, testing, inspection, discharge or removal of any source of contaminant, danger of pollution, waterworks, wastewater works, hydro-electric project, control dam, or any class thereof;
(l) Repealed: 1989, c.52, s.23
(m) Repealed: 1989, c.52, s.23
(n) regulating, controlling, prohibiting, directing or providing for the handling, disposal, removal, release, testing, monitoring and treatment of any class of, or any, contaminant, waste, gas, liquid or solid into, from or upon the environment and providing for the issue, transfer, suspension, cancellation, renewal and reinstatement of registrations, licences, permits and approvals for the handling, disposal, removal, release, testing, monitoring and treatment of any class of, or any, contaminant, waste, gas, liquid or solid into, from or upon the environment;
(o) regulating, controlling, prohibiting, directing or providing for the withdrawal, use, storage and handling of water from any natural or artificial source, and providing for the issue, transfer, suspension, cancellation, renewal and reinstatement of registrations, licences, permits and approvals for the withdrawal, use, storage and handling of water from any natural or artificial source;
(p) prescribing or authorizing the Minister to impose terms and conditions upon which registrations, licences, permits and approvals may be refused, issued, transferred, suspended, cancelled, renewed and reinstated;
(q) prescribing the responsibility for and the payment and recovery of any costs incurred by the Minister, including the cost of all persons, materials and equipment employed, and of repairing any damage done, to operate, rectify, control, reduce, eliminate, remove, modify, clean up, rehabilitate, remedy or investigate any matter or thing that is or may be in violation of this Act or the regulations;
(q.1) respecting the responsibility for and the payment and recovery of any costs incurred by any person, including the cost of all persons, materials and equipment employed, and of repairing any damage done, to operate, rectify, control, reduce, eliminate, remove, modify, clean up, rehabilitate, remedy or investigate any matter or thing that is or may be in violation of this Act or the regulations;
(q.2) generally respecting insurance coverage or the posting of security as a condition of obtaining, continuing to hold, having renewed, having reinstated or transferring a registration, licence, permit or approval, including the forfeiture of the security and the disposition of the proceeds of insurance or security;
(q.3) respecting the carriage, conduct and settlement of claims and actions relating to matters coming within this Act and the regulations;
(q.4) respecting the procedure for the collection of costs incurred by the Minister while acting under this Act or the regulations, including the sharing of proceeds where the amount available or the amount collected is not sufficient to satisfy all claims;
(r) regulating, controlling, prescribing and providing for methods, standards or tests for determining the amount, concentration, level or presence of any contaminant, waste, gas, liquid or solid, or any class thereof, in or upon the environment;
(r.10) respecting the creation and operation of stewardship boards provided for in section 22.1, including, in relation to such boards
(i) their establishment as bodies corporate for any purpose provided for in subsection 22.1(1) or in the regulations,
(ii) the application or non-application of the Business Corporations Act,
(iii) their functions, duties, powers, objects and purposes, in addition to those established under subsection 22.1(1),
(iv) the making of arrangements and entering into of agreements and contracts, raising of revenues, charging of fees, financing of undertakings, dealing with of property and engaging and paying of personnel,
(v) their administration and the conduct of their business and affairs, their fiscal year and the establishment of rules of procedure for their meetings, including quorums,
(vi) their composition and the manner and terms of appointment and the removal from office of members and officers, the qualifications, compensation and reimbursement of members and personnel and the terms and conditions applying to members, former members and personnel, including respecting conflict of interest, and
(vii) any other matter in relation to the creation or operation of a stewardship board;
(r.11) Repealed: 2006, c.10, s.2
(r.12) designating materials for the purposes of section 22.1 and creating different classes of designated materials for different purposes;
(r.13) respecting the manufacture, distribution, sale, supply, offering for sale or supply, packaging, labelling, use, storage, collection, transportation, recycling, processing, disposal or other handling of or in relation to a specified designated material, including respecting the inspection of land, premises and property where or with which such an activity is conducted;
(r.131) respecting advertising and the posting of information in relation to designated materials;
(r.14) respecting the application for and the issuance, amendment, transfer, suspension, cancellation, renewal and reinstatement by a stewardship board of, registrations and licences in relation to the management of designated materials, including establishing deadlines in relation to them;
(r.15) establishing the grounds upon which applications for the issuance, amendment, transfer, renewal or reinstatement of registrations and licences referred to in paragraph (r.14) may be refused;
(r.16) establishing terms and conditions upon which registrations and licences referred to in paragraph (r.14) may be issued, amended, transferred, held, suspended, cancelled, renewed and reinstated;
(r.17) generally respecting insurance coverage or the posting of security by manufacturers or distributors of designated materials, by retailers or by other persons handling or dealing with designated materials, including the forfeiture of the security and the disposition of the proceeds of insurance or security;
(r.18) respecting the development and implementation of management plans for or in relation to designated materials;
(r.19) respecting any matter in relation to the establishment and operation of depot or other return systems or any other management programs for or in relation to designated materials;
(r.20) respecting fees, deposits and refunds to be paid in relation to designated materials or classes of them, including the amounts or the manner of establishing the amounts of fees, deposits or refunds, exemptions in relation to them, penalties or a method for determining penalties, and the enforcement of penalties, arising from failure to pay, collect or remit such fees, deposits or refunds, the disposition of such fees or deposits that are unrefunded, payments to depot operators and retailers in relation to designated materials and all other matters in relation to a system for the payment, collection and remittance of fees and deposits and the payment of refunds in relation to designated materials;
(r.201) respecting fees to be paid in relation to the administrative costs of a stewardship board, including the following:
(i) the amount of a fee or the manner of establishing the amount of a fee, including establishment of the amount by a stewardship board;
(ii) exemptions in relation to a fee; and
(iii) penalties, the manner of establishing penalties and the enforcement of penalties arising from the failure to pay or remit a fee;
(r.21) respecting the content of recycled materials required in commodities;
(r.22) making, adopting or incorporating by reference standards to be applied under this Act or the regulations;
(r.23) respecting the keeping of registers, records, other documentation and other information, regardless of form or content and the inspection, copying and reporting of such documentation and other information, by or to the Minister or a stewardship board and by other persons or classes of persons to whom this Act applies;
(r.24) respecting the development, implementation, amendment or imposition of product stewardship plans in relation to designated materials;
(r.25) respecting the submission to and approval by a stewardship board of product stewardship plans, including prescribing criteria to be considered by a stewardship board when approving a product stewardship plan;
(r.26) prohibiting industry from charging separate fees to consumers with respect to the costs associated with implementing and operating a product stewardship plan;
(r.27) respecting the establishment by a stewardship board of advisory committees in relation to the management of designated materials;
(s) Repealed: 1996, c.50, s.3
(s.1) respecting the confidentiality of documents and other information filed or submitted under this Act and the regulations, the period during which the documents and information are to be confidential and the persons to whom the documents and information may be disclosed;
(t) Repealed: 1989, c.52, s.23
(u) Repealed: 1989, c.52, s.23
(u.1) requiring, or authorizing the Minister to require, as a condition of obtaining or continuing to hold a registration, licence, permit or approval under this Act or the regulations, the carrying out, in accordance with directions set out by the Minister, of clean-up, site rehabilitation or other remedial action;
(u.2) authorizing the Minister, where in his opinion a person has violated any provision of this Act or the regulations, to issue an order directing that person to carry out, in accordance with directions set out in the order, such clean-up, site rehabilitation or other remedial action as he considers necessary, including the provision of water by means of the installation of a water supply system or by other means;
(u.3) respecting forms for the purposes of this Act and the regulations;
(v) providing for the service of any notice, order or other document required to be served under this Act or the Regulations;
(v.1) defining any word or expression used in but not defined in this Act for the purposes of this Act, the regulations or both;
(v.2) prescribing any thing required by this Act to be prescribed;
(w) which he deems necessary for the protection of the environment and any matter or thing in or upon the environment;
(x) providing for carrying out the spirit, intent, meaning and purpose of this Act.
1971, c.3, s.31; 1973, c.21, s.3; 1974, c.4 (Supp.), s.4; 1975, c.12, s.8; 1976, c.19, s.2; 1983, c.17, s.7; 1987, c.11, s.9; 1989, c.52, s.23; 1991, c.27, s.8; 1993, c.13, s.10; 1994, c.91, s.5; 1996, c.50, s.3; 1998, c.41, s.20; 2000, c.26, s.37; 2002, c.25, s.14; 2003, c.6, s.5; 2005, c.7, s.10; 2006, c.10, s.2; 2010, c.19, s.3; 2012, c.32, s.2; 2012, c.44, s.1
Offences and penalties
33(1)Subject to subsection (3), a person who violates any provision of this Act or the regulations or fails to comply with an order issued under this Act or the regulations or with a term or condition of an approval, registration, licence, permit, exemption or determination granted, issued or made under this Act or the regulations commits an offence and is liable, on conviction,
(a) in the case of an individual, to a fine of not less than five hundred dollars and not more than fifty thousand dollars, and
(b) in the case of a person other than an individual, to a fine of not less than one thousand dollars and not more than one million dollars.
33(2)If a violation of a provision of or a failure to comply under this Act or the regulations continues for more than one day, the fine payable shall be the product of
(a) the fine imposed under subsection (1), and
(b) the number of days on which the violation or failure continues.
33(3)If a person commits an offence under this Act that is also an offence under the Pesticides Control Act, the person, if charged, shall be charged under the Pesticides Control Act.
33(4)In a prosecution with respect to an offence under this Act or the regulations,
(a) a statement purporting to be signed by the Minister that a person does not hold a registration, licence, permit or approval under this Act or the regulations with respect to an activity designated in the statement,
(b) a document purporting to be signed by the Minister stating that no determination has been made under regulations made under section 31.1 that the undertaking may be carried on without the completion of an environmental impact assessment, or
(c) a registration, licence, permit, approval, order, notice, certificate, determination or any other document purporting to be signed by the Minister or a certified copy of the document,
shall be
(d) received in evidence by any court in the Province without proof of the appointment, authority or signature of the person purporting to have signed it or the person purporting to have certified the copy,
(e) in the absence of evidence to the contrary, proof of the facts stated in the document, copy or statement, and
(f) where the name of the person referred to in the document, copy or statement is that of the accused, in the absence of evidence to the contrary, proof that the person named in the document, copy or statement is the accused.
33(5)A document, copy or statement referred to in subsection (4) shall not be received in evidence unless the party intending to produce it has, before the trial or other proceeding, given to the person against whom it is to be produced reasonable notice of the party’s intention, together with a copy of the document, copy or statement.
33(6)Subject to subsection 29(2), a person against whom a document, copy or statement referred to in subsection (4) is produced may, with leave of the court, require the attendance of a person designated by the Minister for purposes of cross-examination.
1971, c.3, s.32; 1973, c.21, s.4; 1975, c.12, s.9; 1983, c.17, s.8; 1985, c.6, s.4; 1987, c.11, s.10; 1989, c.52, s.24; 1993, c.13, s.11; 2002, c.25, s.15; 2008, c.11, s.5
Imposition of fine
33.01(1)Where, in the opinion of a judge, a person charged with an offence under this Act or the regulations has committed the offence for financial advantage or to avoid the financial burden of compliance with this Act or the regulations, the judge may, notwithstanding any maximum fine set for that offence under subsection 33(1) or (2),
(a) where the offence was committed for financial advantage, impose such fine as will ensure that no financial advantage is gained from the commission of the offence, or
(b) where the offence was committed to avoid the financial burden of compliance with this Act or the regulations, impose such fine as is appropriate in the circumstances.
33.01(2)A judge shall not impose a fine under subsection (1) unless the prosecutor has, before the time set for the person charged to appear in court, notified the person that a fine under subsection (1) will be sought if the person is convicted.
1989, c.52, s.25
Service
33.1(1)An order, notice or other document that is to be given to or served on a person shall be sufficiently given or served
(a) if it is served in the manner in which personal service may be made under the Rules of Court,
(b) if it is mailed prepaid registered mail to the last or usual address of that person,
(c) if it is mailed prepaid registered mail to the last address of that person reported to the Minister under this Act or the regulations, or
(d) if it is served in any other manner or place prescribed by the regulations.
33.1(2)Service by prepaid registered mail shall be deemed to be effected five days after the date of mailing.
1975, c.12, s.10; 1989, c.52, s.26; 2002, c.25, s.16
Repealed
33.2Repealed: 1989, c.52, s.27
1975, c.12, s.10; 1989, c.52, s.27
Absolute liability offence
34Every person other than an individual who commits an offence under this Act or the regulations commits an absolute liability offence.
1971, c.3, s.34; 1989, c.52, s.28
Proceedings limitation period
35Proceedings in respect to an offence under this Act may be instituted at any time within two years after the time when the subject matter of the proceedings arose.
1971, c.3, s.35
Restraining action by Minister
36Where any provision of this Act or the regulations or any direction, determination, order, notice, registration, licence, permit or approval made, granted, given, served or issued by the Minister or the Lieutenant-Governor in Council is contravened, in addition to any other remedy and to any penalty imposed by law, such contravention may be restrained in an action at the instance of the Minister.
1973, c.21, s.6; 1975, c.12, s.11; 1983, c.17, s.9; 1987, c.11, s.11; 2002, c.25, s.17
Effect of Act on civil remedy
37No civil remedy for any act or omission is suspended or affected by reason that the act or omission is an offence under this Act.
1971, c.3, s.36
Transitional
38Every order, direction, requirement, licence, permit, approval or authorization given, made or issued pursuant to the provisions of the Water Act shall be deemed to have been given, made or issued, as the case may be, under this Act and every such order, direction, requirement, licence, permit, approval or authorization shall continue in force, subject to the said terms and conditions, if any, until revoked, suspended or varied by the Minister.
1973, c.21, s.7; 1975, c.12, s.12; 1991, c.27, s.8
N.B. This Act is consolidated to January 1, 2013.