Acts and Regulations

C-5.2 - Clean Air Act

Full text
Regulations
46The Lieutenant-Governor in Council may make regulations
(a) prescribing any matter to be waste;
(b) respecting the manufacture, distribution, sale, supply, offering to sell or supply, packaging, labelling, use, storage, collection, transportation, recycling, processing, disposal, removal or handling of any class of, or any, contaminants, gases, liquids or solids that have been, are being or may be released into the air;
(c) respecting the establishment and amendment of objectives;
(d) respecting methods, standards or tests for determining the amount, concentration, level or presence of any contaminant, including an odour, or any class of contaminant or odour, in the air;
(e) respecting the composition of Air Resource Management Committees and other advisory committees, the qualifications of members, the manner and terms of appointment and the removal from office of members and officers, the terms and conditions applying to members and former members, quorums for meetings, duties of committees and members, the payment of compensation and reimbursement to members, conflict of interest of members and former members, the engagement of persons with special knowledge to advise committees, reporting to the Minister respecting the activities of committees and any other matter in relation to the creation and functioning of such committees;
(f) respecting the establishment of any areas for the purposes of paragraph 11(b) or (c);
(g) respecting the application for and the issuance, amendment, transfer, suspension, cancellation, renewal and reinstatement of registrations, permits and approvals, including establishing deadlines in relation to them;
(h) establishing, or giving the Minister the discretion to determine, the grounds upon which applications for the issuance, amendment, transfer, renewal or reinstatement of registrations, permits and approvals may be refused or upon which registrations, permits and approvals may be suspended or cancelled;
(i) establishing, or giving the Minister the discretion to impose, terms and conditions upon which registrations, permits and approvals may be issued, amended, transferred, held, renewed and reinstated;
(j) respecting insurance coverage or the posting of security as a condition of obtaining, continuing to hold or having amended, transferred, renewed or reinstated, a registration, permit or approval, including the forfeiture of the security and the disposition of the proceeds of insurance or security;
(k) respecting the giving of public notice and the holding of a public consultation process respecting registrations, permits, approvals and other matters coming within this Act and the regulations, including respecting the release of information, the timing and format of notice, public comment and public meetings and the recovery by the Minister of any costs, in relation to those matters;
(l) respecting the responsibility for and the payment and recovery of any costs incurred by the Minister or any other person, including the costs incurred in employing persons, materials and equipment and in repairing any damage done in order to operate, rectify, control, prevent, reduce, eliminate, remove, modify, clean up, rehabilitate, restore, ameliorate, assess or investigate any matter or thing coming within this Act or the regulations;
(m) 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;
(n) respecting the carriage, conduct and settlement of claims and actions relating to matters coming within this Act or the regulations;
(o) respecting the duties and powers of inspectors and analysts, the taking of samples and the analysis of substances for the purposes of this Act and the regulations;
(p) respecting the offences in relation to which administrative penalties may be payable and the calculation of the amounts of such penalties, which may vary according to whether the offence in relation to which the penalty is payable is a first, second or third offence and according to the degree of seriousness of the first, second or third offence;
(q) respecting the categorization of offences by the degree of seriousness for the purposes of paragraph (p), including establishing guidelines in relation to the degree of seriousness or delegating to the Director who imposes an administrative penalty, the discretion to determine the degree of seriousness of each offence;
(r) respecting the procedures to be followed in imposing and paying an administrative penalty and all other matters in relation to such penalties;
(s) respecting the requirement for, subject and content of, timing of, publishing or service of or any other matter in relation to any notice, order or other document that is required to be or may be given or served under this Act or the regulations;
(t) respecting fees and the manner of payment of fees payable in relation to anything done or required to be done under this Act or the regulations;
(u) respecting forms for the purposes of this Act and the regulations;
(v) respecting appeals of orders, designations or decisions made under this Act or the regulations;
(w) respecting the manufacture, sale or supply, offering to sell or supply or the use of mobile sources of contaminants and other consumer products that release or may release a contaminant into the air, including the establishment and enforcement of objectives, guidelines, standards and requirements in relation to them, the prohibition of fuels, the establishment of standards for fuels, requirements in relation to pollution control equipment, the establishment of emission limits and inspection processes and any other matter in relation to regulating such consumer products;
(x) respecting the construction, alteration, modification, operation, location, maintenance, repair, monitoring, testing, inspection, discharge, removal, cessation, disposal or other aspect of any activity, real or personal property, object or thing, whether natural or artificial, that could release a contaminant into the air;
(y) 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 and by other persons or classes of persons to whom this Act applies;
(z) respecting the confidentiality of documents and other information kept, filed, submitted, disclosed or reported 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;
(aa) defining any word or expression used in but not defined in this Act for the purposes of this Act, the regulations or both;
(bb) prescribing any thing required by this Act to be prescribed;
(cc) generally for the better administration of this Act.
2002, c.27, s.23
Regulations
46The Lieutenant-Governor in Council may make regulations
(a) prescribing any matter to be waste;
(b) respecting the manufacture, distribution, sale, supply, offering to sell or supply, packaging, labelling, use, storage, collection, transportation, recycling, processing, disposal, removal or handling of any class of, or any, contaminants, gases, liquids or solids that have been, are being or may be released into the air;
(c) respecting the establishment and amendment of objectives;
(d) respecting methods, standards or tests for determining the amount, concentration, level or presence of any contaminant, including an odour, or any class of contaminant or odour, in the air;
(e) respecting the composition of Air Resource Management Committees and other advisory committees, the qualifications of members, the manner and terms of appointment and the removal from office of members and officers, the terms and conditions applying to members and former members, quorums for meetings, duties of committees and members, the payment of compensation and reimbursement to members, conflict of interest of members and former members, the engagement of persons with special knowledge to advise committees, reporting to the Minister respecting the activities of committees and any other matter in relation to the creation and functioning of such committees;
(f) respecting the establishment of any areas for the purposes of paragraph 11(b) or (c);
(g) respecting the application for and the issuance, amendment, transfer, suspension, cancellation, renewal and reinstatement of registrations, permits and approvals, including establishing deadlines in relation to them;
(h) establishing, or giving the Minister the discretion to determine, the grounds upon which applications for the issuance, amendment, transfer, renewal or reinstatement of registrations, permits and approvals may be refused or upon which registrations, permits and approvals may be suspended or cancelled;
(i) establishing, or giving the Minister the discretion to impose, terms and conditions upon which registrations, permits and approvals may be issued, amended, transferred, held, renewed and reinstated;
(j) respecting insurance coverage or the posting of security as a condition of obtaining, continuing to hold or having amended, transferred, renewed or reinstated, a registration, permit or approval, including the forfeiture of the security and the disposition of the proceeds of insurance or security;
(k) respecting the giving of public notice and the holding of a public consultation process respecting registrations, permits, approvals and other matters coming within this Act and the regulations, including respecting the release of information, the timing and format of notice, public comment and public meetings and the recovery by the Minister of any costs, in relation to those matters;
(l) respecting the responsibility for and the payment and recovery of any costs incurred by the Minister or any other person, including the costs incurred in employing persons, materials and equipment and in repairing any damage done in order to operate, rectify, control, prevent, reduce, eliminate, remove, modify, clean up, rehabilitate, restore, ameliorate, assess or investigate any matter or thing coming within this Act or the regulations;
(m) 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;
(n) respecting the carriage, conduct and settlement of claims and actions relating to matters coming within this Act or the regulations;
(o) respecting the duties and powers of inspectors and analysts, the taking of samples and the analysis of substances for the purposes of this Act and the regulations;
(p) respecting the offences in relation to which administrative penalties may be payable and the calculation of the amounts of such penalties, which may vary according to whether the offence in relation to which the penalty is payable is a first, second or third offence and according to the degree of seriousness of the first, second or third offence;
(q) respecting the categorization of offences by the degree of seriousness for the purposes of paragraph (p), including establishing guidelines in relation to the degree of seriousness or delegating to the Director who imposes an administrative penalty, the discretion to determine the degree of seriousness of each offence;
(r) respecting the procedures to be followed in imposing and paying an administrative penalty and all other matters in relation to such penalties;
(s) respecting the requirement for, subject and content of, timing of, publishing or service of or any other matter in relation to any notice, order or other document that is required to be or may be given or served under this Act or the regulations;
(t) respecting fees and the manner of payment of fees payable in relation to anything done or required to be done under this Act or the regulations;
(u) respecting forms for the purposes of this Act and the regulations;
(v) respecting appeals of orders, designations or decisions made under this Act or the regulations;
(w) respecting the manufacture, sale or supply, offering to sell or supply or the use of mobile sources of contaminants and other consumer products that release or may release a contaminant into the air, including the establishment and enforcement of objectives, guidelines, standards and requirements in relation to them, the prohibition of fuels, the establishment of standards for fuels, requirements in relation to pollution control equipment, the establishment of emission limits and inspection processes and any other matter in relation to regulating such consumer products;
(x) respecting the construction, alteration, modification, operation, location, maintenance, repair, monitoring, testing, inspection, discharge, removal, cessation, disposal or other aspect of any activity, real or personal property, object or thing, whether natural or artificial, that could release a contaminant into the air;
(y) 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 and by other persons or classes of persons to whom this Act applies;
(z) respecting the confidentiality of documents and other information kept, filed, submitted, disclosed or reported 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;
(aa) defining any word or expression used in but not defined in this Act for the purposes of this Act, the regulations or both;
(bb) prescribing any thing required by this Act to be prescribed;
(cc) generally for the better administration of this Act.
2002, c.27, s.23
Regulations
46The Lieutenant-Governor in Council may make regulations
(a) prescribing any matter to be waste;
(b) respecting the manufacture, distribution, sale, supply, offering to sell or supply, packaging, labelling, use, storage, collection, transportation, recycling, processing, disposal, removal or handling of any class of, or any, contaminants, gases, liquids or solids that have been, are being or may be released into the air;
(c) respecting the establishment and amendment of objectives;
(d) respecting methods, standards or tests for determining the amount, concentration, level or presence of any contaminant, including an odour, or any class of contaminant or odour, in the air;
(e) respecting the composition of Air Resource Management Committees and other advisory committees, the qualifications of members, the manner and terms of appointment and the removal from office of members and officers, the terms and conditions applying to members and former members, quorums for meetings, duties of committees and members, the payment of compensation and reimbursement to members, conflict of interest of members and former members, the engagement of persons with special knowledge to advise committees, reporting to the Minister respecting the activities of committees and any other matter in relation to the creation and functioning of such committees;
(f) respecting the establishment of any areas for the purposes of paragraph 11(b) or (c);
(g) respecting the application for and the issuance, amendment, transfer, suspension, cancellation, renewal and reinstatement of registrations, permits and approvals, including establishing deadlines in relation to them;
(h) establishing, or giving the Minister the discretion to determine, the grounds upon which applications for the issuance, amendment, transfer, renewal or reinstatement of registrations, permits and approvals may be refused or upon which registrations, permits and approvals may be suspended or cancelled;
(i) establishing, or giving the Minister the discretion to impose, terms and conditions upon which registrations, permits and approvals may be issued, amended, transferred, held, renewed and reinstated;
(j) respecting insurance coverage or the posting of security as a condition of obtaining, continuing to hold or having amended, transferred, renewed or reinstated, a registration, permit or approval, including the forfeiture of the security and the disposition of the proceeds of insurance or security;
(k) respecting the giving of public notice and the holding of a public consultation process respecting registrations, permits, approvals and other matters coming within this Act and the regulations, including respecting the release of information, the timing and format of notice, public comment and public meetings and the recovery by the Minister of any costs, in relation to those matters;
(l) respecting the responsibility for and the payment and recovery of any costs incurred by the Minister or any other person, including the costs incurred in employing persons, materials and equipment and in repairing any damage done in order to operate, rectify, control, prevent, reduce, eliminate, remove, modify, clean up, rehabilitate, restore, ameliorate, assess or investigate any matter or thing coming within this Act or the regulations;
(m) 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;
(n) respecting the carriage, conduct and settlement of claims and actions relating to matters coming within this Act or the regulations;
(o) respecting the duties and powers of inspectors and analysts, the taking of samples and the analysis of substances for the purposes of this Act and the regulations;
(p) respecting the offences in relation to which administrative penalties may be payable and the calculation of the amounts of such penalties, which may vary according to whether the offence in relation to which the penalty is payable is a first, second or third offence and according to the degree of seriousness of the first, second or third offence;
(q) respecting the categorization of offences by the degree of seriousness for the purposes of paragraph (p), including establishing guidelines in relation to the degree of seriousness or delegating to the Director who imposes an administrative penalty, the discretion to determine the degree of seriousness of each offence;
(r) respecting the procedures to be followed in imposing and paying an administrative penalty and all other matters in relation to such penalties;
(s) respecting the requirement for, subject and content of, timing of, publishing or service of or any other matter in relation to any notice, order or other document that is required to be or may be given or served under this Act or the regulations;
(t) respecting fees and the manner of payment of fees payable in relation to anything done or required to be done under this Act or the regulations;
(u) respecting forms for the purposes of this Act and the regulations;
(v) respecting appeals of orders, designations or decisions made under this Act or the regulations;
(w) respecting the manufacture, sale or supply, offering to sell or supply or the use of mobile sources of contaminants and other consumer products that release or may release a contaminant into the air, including the establishment and enforcement of objectives, guidelines, standards and requirements in relation to them, the prohibition of fuels, the establishment of standards for fuels, requirements in relation to pollution control equipment, the establishment of emission limits and inspection processes and any other matter in relation to regulating such consumer products;
(x) respecting the construction, alteration, modification, operation, location, maintenance, repair, monitoring, testing, inspection, discharge, removal, cessation, disposal or other aspect of any activity, real or personal property, object or thing, whether natural or artificial, that could release a contaminant into the air;
(y) 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 and by other persons or classes of persons to whom this Act applies;
(z) respecting the confidentiality of documents and other information kept, filed, submitted, disclosed or reported 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;
(aa) defining any word or expression used in but not defined in this Act for the purposes of this Act, the regulations or both;
(bb) prescribing any thing required by this Act to be prescribed;
(cc) generally for the better administration of this Act.