Acts and Regulations

2011, c.203 - Pesticides Control Act

Section 30
Disposition versions

Full text
Deposit or discharge of pesticide contrary to Act or regulations
30(1)If there occurs the deposit or discharge of a pesticide, or a substance or thing containing a pesticide, into or on the natural environment, or in or on any premises, in a manner contrary to this Act or the regulations and by reason of the deposit or discharge there is caused, or there exists the likelihood of causing, injury or damage to the natural environment or to human, animal or plant life, a person who at any material time
(a) owns the pesticide or substance or has the charge, management or control of it, or
(b) causes or contributes to the deposit or discharge,
shall immediately notify the Director of the deposit or discharge and shall take the measures that are prescribed by the regulations, or that may be required by the Director, with respect to preventing, counteracting, mitigating or remedying any adverse effects that result or may reasonably be expected to result from the deposit or discharge.
30(2)Despite subsection (1), the Director may take the steps that the Director considers necessary to prevent, counteract, mitigate or remedy any adverse effects that result or may reasonably be expected to result from a deposit or discharge referred to in subsection (1), and any costs reasonably incurred by the Province with respect to that action are recoverable by the Minister by action in a court of competent jurisdiction as a debt owed to the Crown in right of the Province by
(a) persons referred to in paragraph (1)(a), who are liable jointly and severally, subject to subsection (3), and
(b) persons referred to in paragraph (1)(b), who are liable jointly and severally according to their respective degrees of fault or negligence.
30(3)The liability under subsection (2) of a person referred to in paragraph (1)(a) is absolute and does not depend on proof of fault or negligence, but that person is not liable if the person establishes that the occurrence giving rise to the liability was wholly caused by
(a) an act of war, hostilities, civil war, insurrection or a natural phenomenon of an exceptional, inevitable and irresistible character, or
(b) an act or omission with intent to cause damage by a person other than a person for whose wrongful act or omission the person is by law responsible.
30(4)Nothing in subsection (3) limits or restricts any right of recourse that a person who is liable under subsection (2) may have against any other person.
1982, c.48, s.19; 1994, c.92, s.17; 2002, c.28, s.7; 2023, c.17, s.191
Deposit or discharge of pesticide contrary to Act or regulations
30(1)If there occurs the deposit or discharge of a pesticide, or a substance or thing containing a pesticide, into or on the natural environment, or in or on any premises, in a manner contrary to this Act or the regulations and by reason of the deposit or discharge there is caused, or there exists the likelihood of causing, injury or damage to the natural environment or to human, animal or plant life, a person who at any material time
(a) owns the pesticide or substance or has the charge, management or control of it, or
(b) causes or contributes to the deposit or discharge,
shall immediately notify the Director of the deposit or discharge and shall take the measures that are prescribed by the regulations, or that may be required by the Director, with respect to preventing, counteracting, mitigating or remedying any adverse effects that result or may reasonably be expected to result from the deposit or discharge.
30(2)Despite subsection (1), the Director may take the steps that the Director considers necessary to prevent, counteract, mitigate or remedy any adverse effects that result or may reasonably be expected to result from a deposit or discharge referred to in subsection (1), and any costs reasonably incurred by the Province with respect to that action are recoverable by the Minister by action in a court of competent jurisdiction as a debt owed to Her Majesty in right of the Province by
(a) persons referred to in paragraph (1)(a), who are liable jointly and severally, subject to subsection (3), and
(b) persons referred to in paragraph (1)(b), who are liable jointly and severally according to their respective degrees of fault or negligence.
30(3)The liability under subsection (2) of a person referred to in paragraph (1)(a) is absolute and does not depend on proof of fault or negligence, but that person is not liable if the person establishes that the occurrence giving rise to the liability was wholly caused by
(a) an act of war, hostilities, civil war, insurrection or a natural phenomenon of an exceptional, inevitable and irresistible character, or
(b) an act or omission with intent to cause damage by a person other than a person for whose wrongful act or omission the person is by law responsible.
30(4)Nothing in subsection (3) limits or restricts any right of recourse that a person who is liable under subsection (2) may have against any other person.
1982, c.48, s.19; 1994, c.92, s.17; 2002, c.28, s.7
Deposit or discharge of pesticide contrary to Act or regulations
30(1)If there occurs the deposit or discharge of a pesticide, or a substance or thing containing a pesticide, into or on the natural environment, or in or on any premises, in a manner contrary to this Act or the regulations and by reason of the deposit or discharge there is caused, or there exists the likelihood of causing, injury or damage to the natural environment or to human, animal or plant life, a person who at any material time
(a) owns the pesticide or substance or has the charge, management or control of it, or
(b) causes or contributes to the deposit or discharge,
shall immediately notify the Director of the deposit or discharge and shall take the measures that are prescribed by the regulations, or that may be required by the Director, with respect to preventing, counteracting, mitigating or remedying any adverse effects that result or may reasonably be expected to result from the deposit or discharge.
30(2)Despite subsection (1), the Director may take the steps that the Director considers necessary to prevent, counteract, mitigate or remedy any adverse effects that result or may reasonably be expected to result from a deposit or discharge referred to in subsection (1), and any costs reasonably incurred by the Province with respect to that action are recoverable by the Minister by action in a court of competent jurisdiction as a debt owed to Her Majesty in right of the Province by
(a) persons referred to in paragraph (1)(a), who are liable jointly and severally, subject to subsection (3), and
(b) persons referred to in paragraph (1)(b), who are liable jointly and severally according to their respective degrees of fault or negligence.
30(3)The liability under subsection (2) of a person referred to in paragraph (1)(a) is absolute and does not depend on proof of fault or negligence, but that person is not liable if the person establishes that the occurrence giving rise to the liability was wholly caused by
(a) an act of war, hostilities, civil war, insurrection or a natural phenomenon of an exceptional, inevitable and irresistible character, or
(b) an act or omission with intent to cause damage by a person other than a person for whose wrongful act or omission the person is by law responsible.
30(4)Nothing in subsection (3) limits or restricts any right of recourse that a person who is liable under subsection (2) may have against any other person.
1982, c.48, s.19; 1994, c.92, s.17; 2002, c.28, s.7