Acts and Regulations

C-5.2 - Clean Air Act

Section 18
Disposition versions

Full text
Action by the Minister
18(1)Where a contaminant has been released into the air 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.
18(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.
18(3)The Minister may take action under subsection (1), whether or not an order has previously been made 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 air 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.
18(4)Actions taken by the Minister under subsection (1) may include those set out in subsection 17(1).
2002, c.27, s.11
Action by the Minister
18(1)Where a contaminant has been released into the air 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.
18(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.
18(3)The Minister may take action under subsection (1), whether or not an order has previously been made 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 air 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.
18(4)Actions taken by the Minister under subsection (1) may include those set out in subsection 17(1).
2002, c.27, s.11
Action by the Minister
18(1)Where a contaminant has been released into the air 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.
18(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.
18(3)The Minister may take action under subsection (1), whether or not an order has previously been made 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 air 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.
18(4)Actions taken by the Minister under subsection (1) may include those set out in subsection 17(1).