Acts and Regulations

C-5.2 - Clean Air Act

Section 21
Disposition versions

Full text
Costs
21(1)Upon written demand being made by the Minister, any costs incurred by the Minister while taking action under section 18 or 18.1, including the costs of all persons, materials and equipment employed and the costs of ameliorating any adverse effect of the release of a contaminant, of restoring any land, premises or personal property under subsection 19(2) or of repairing any other damage whatsoever 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, indirectly or directly, the release to which the matter relates.
21(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.
21(3)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 air, 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 19(1), or
(d) repairing any other damage whatsoever done in those circumstances.
21(4)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 19(1) or to pay the Minister as required under subsection (1) or (2).
2002, c.27, s.16
Costs
21(1)Upon written demand being made by the Minister, any costs incurred by the Minister while taking action under section 18 or 18.1, including the costs of all persons, materials and equipment employed and the costs of ameliorating any adverse effect of the release of a contaminant, of restoring any land, premises or personal property under subsection 19(2) or of repairing any other damage whatsoever 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, indirectly or directly, the release to which the matter relates.
21(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.
21(3)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 air, 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 19(1), or
(d) repairing any other damage whatsoever done in those circumstances.
21(4)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 19(1) or to pay the Minister as required under subsection (1) or (2).
2002, c.27, s.16
Costs
21(1)Upon written demand being made by the Minister, any costs incurred by the Minister while taking action under section 18, including the costs of all persons, materials and equipment employed and the costs of ameliorating any adverse effect of the release of a contaminant, of restoring any land, premises or personal property under subsection 19(2) or of repairing any other damage whatsoever 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, indirectly or directly, the release to which the matter relates.
21(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.
21(3)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 air, 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 19(1), or
(d) repairing any other damage whatsoever done in those circumstances.
21(4)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 made under subsection 17(1), to restore land, premises or personal property under subsection 19(1) or to pay the Minister as required under subsection (1) or (2).