22(1)If

22(2)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 (1)(a) in relation to that release, unless that person first delivers to the Minister written notice of the action to be taken.

22(3)Within sixty days after receipt of a notice under subsection (2), 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 remain unrecovered.

22(3.1)If the Minister has incurred costs described in paragraph (1)(a) and the Minister has made a written demand under subsection 21(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.

22(3.2)Fifteen days after the day upon which a certificate issued under subsection (3.1) has been delivered, the Minister may file the certificate in The Court of King’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.

22(3.3)A person named in a certificate issued under subsection (3.1) may appeal, in the manner prescribed by regulation, both his or her liability for the unrecovered costs and the amount of the unrecovered costs set out in the certificate, and if an appeal is instituted under this subsection, the Minister may not file the certificate in accordance with subsection (3.2) until after the appeal has been determined in accordance with the regulations.

22(4)If any person has commenced or has carriage of an action that includes a claim on behalf of the Crown in right of the Province in relation to the release of a contaminant, the Minister may take the steps necessary to assume carriage of the action in order to recover any unrecovered costs described in paragraph (1)(a).

22(5)Where the Minister has incurred costs described in paragraph (1)(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 18, 18.1 or subsection 19(2).

22(6)The Minister may enter into an agreement to share the proceeds of an insurance policy to which the Minister is entitled under subsection (5) 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 (5), and the insurer shall pay the proceeds in accordance with the agreement.

22(7)If an insurer has made a payment under subsection (5) or (6), 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.

22(8)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.

22(9)In any claim or action under this section, a certificate purporting to be signed by the Minister setting out the amount of the unrecovered costs described in paragraph (1)(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

22(10)The provisions of section 21 and of this section apply, with the necessary modifications, to any costs incurred by the Minister while

22(1)If

22(2)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 (1)(a) in relation to that release, unless that person first delivers to the Minister written notice of the action to be taken.

22(3)Within sixty days after receipt of a notice under subsection (2), 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 remain unrecovered.

22(3.1)If the Minister has incurred costs described in paragraph (1)(a) and the Minister has made a written demand under subsection 21(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.

22(3.2)Fifteen days after the day upon which a certificate issued under subsection (3.1) 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.

22(3.3)A person named in a certificate issued under subsection (3.1) may appeal, in the manner prescribed by regulation, both his or her liability for the unrecovered costs and the amount of the unrecovered costs set out in the certificate, and if an appeal is instituted under this subsection, the Minister may not file the certificate in accordance with subsection (3.2) until after the appeal has been determined in accordance with the regulations.

22(4)If any person has commenced or has carriage of an action that includes a claim on behalf of Her Majesty in right of New Brunswick in relation to the release of a contaminant, the Minister may take the steps necessary to assume carriage of the action in order to recover any unrecovered costs described in paragraph (1)(a).

22(5)Where the Minister has incurred costs described in paragraph (1)(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 18, 18.1 or subsection 19(2).

22(6)The Minister may enter into an agreement to share the proceeds of an insurance policy to which the Minister is entitled under subsection (5) 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 (5), and the insurer shall pay the proceeds in accordance with the agreement.

22(7)If an insurer has made a payment under subsection (5) or (6), 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.

22(8)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.

22(9)In any claim or action under this section, a certificate purporting to be signed by the Minister setting out the amount of the unrecovered costs described in paragraph (1)(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

22(10)The provisions of section 21 and of this section apply, with the necessary modifications, to any costs incurred by the Minister while

22(1)If

22(2)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 (1)(a) in relation to that release, unless that person first delivers to the Minister written notice of the action to be taken.

22(3)Within sixty days after receipt of a notice under subsection (2), 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 remain unrecovered.

22(3.1)If the Minister has incurred costs described in paragraph (1)(a) and the Minister has made a written demand under subsection 21(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.

22(3.2)Fifteen days after the day upon which a certificate issued under subsection (3.1) 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.

22(3.3)A person named in a certificate issued under subsection (3.1) may appeal, in the manner prescribed by regulation, both his or her liability for the unrecovered costs and the amount of the unrecovered costs set out in the certificate, and if an appeal is instituted under this subsection, the Minister may not file the certificate in accordance with subsection (3.2) until after the appeal has been determined in accordance with the regulations.

22(4)If any person has commenced or has carriage of an action that includes a claim on behalf of Her Majesty in right of New Brunswick in relation to the release of a contaminant, the Minister may take the steps necessary to assume carriage of the action in order to recover any unrecovered costs described in paragraph (1)(a).

22(5)Where the Minister has incurred costs described in paragraph (1)(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 18, 18.1 or subsection 19(2).

22(6)The Minister may enter into an agreement to share the proceeds of an insurance policy to which the Minister is entitled under subsection (5) 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 (5), and the insurer shall pay the proceeds in accordance with the agreement.

22(7)If an insurer has made a payment under subsection (5) or (6), 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.

22(8)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.

22(9)In any claim or action under this section, a certificate purporting to be signed by the Minister setting out the amount of the unrecovered costs described in paragraph (1)(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

22(10)The provisions of section 21 and of this section apply, with the necessary modifications, to any costs incurred by the Minister while

22(1)If

22(2)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 (1)(a) in relation to that release, unless that person first delivers to the Minister written notice of the action to be taken.

22(3)Within sixty days after receipt of a notice under subsection (2), 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 remain unrecovered.

22(4)If any person has commenced or has carriage of an action that includes a claim on behalf of Her Majesty in right of New Brunswick in relation to the release of a contaminant, the Minister may take the steps necessary to assume carriage of the action in order to recover any unrecovered costs described in paragraph (1)(a).

22(5)Where the Minister has incurred unrecovered costs described in paragraph (1)(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 18 or subsection 19(2).

22(6)The Minister may enter into an agreement to share the proceeds of an insurance policy to which the Minister is entitled under subsection (5) 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 (5), and the insurer shall pay the proceeds in accordance with the agreement.

22(7)If an insurer has made a payment under subsection (5) or (6), 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.

22(8)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.

22(9)In any claim or action under this section, a certificate purporting to be signed by the Minister setting out the amount of the unrecovered costs described in paragraph (1)(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

22(10)The provisions of section 21 and of this section apply, with the necessary modifications, to any costs incurred by the Minister while acting under a regulation under this Act in relation to the actual or anticipated release of a contaminant into the air.