Acts and Regulations

C-6.1 - Clean Water Act

Section 4
Disposition versions

Full text
Orders
4(1)Subject to subsection 12(3), the Minister may, in the circumstances described in subsection (2), issue an order requiring the person to whom it is directed to do, in accordance with the directions set out in the order, one or more of the following:
(a) to control or reduce the rate of release of any contaminant into or upon water;
(b) to eliminate the release of any contaminant into or upon water
(i) permanently,
(ii) for a specified period, or
(iii) in the circumstances set out in the order;
(c) to alter the manner of release of any contaminant into or upon water;
(d) to alter the procedures to be followed in the control, reduction or elimination of the release of any contaminant into or upon water;
(e) to install, replace or alter any equipment or thing designed to control, reduce or eliminate the release of any contaminant into or upon water;
(f) to install, replace or alter a wastewater treatment facility or waterworks in order to control, reduce, eliminate or remedy the release of a contaminant into or upon water;
(g) to conduct any investigation, make any tests and prepare and submit to the Minister any reports required by the Minister; and
(h) if a contaminant has been released into or upon water, to carry out clean-up, site rehabilitation, restoration of land, premises or personal property or other remedial action.
4(2)The Minister may issue an order in relation to a contaminant if the Minister is of the opinion that
(a) the contaminant has been, is being or may be released into or upon water at a rate exceeding the maximum rate established by this Act or the regulations for the release of that contaminant,
(b) the contaminant has been, is being or may be released into or upon water in a manner prohibited under this Act or the regulations,
(c) the release of the contaminant is prohibited under this Act or the regulations, or
(d) it is in the best interests of the public to make the order, 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 water to be affected,
(ii) the health of human, plant or animal life or the safety or comfort of a human to be adversely 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.
4(3)An order under subsection (1) may be directed to any one or any combination of the following:
(a) the owner of the contaminant;
(b) the person having control of the contaminant;
(c) the person who, in the opinion of the Minister, by the person’s act or omission caused the release, whether directly or indirectly and whether or not the act or omission constituted an offence under this Act or the regulations;
(d) a person who owns, leases, manages or has charge or control of land, premises or personal property that has been, is being or may reasonably be expected to be adversely affected by the release;
(e) the authority having jurisdiction over the land or premises where the release occurred, is occurring or may occur; or
(f) any person whose assistance is, in the opinion of the Minister, necessary in order to deal effectively with the release or ameliorate the situation.
4(4)Subject to subsection 12(3), if, in the opinion of the Minister, a person has violated or has failed to comply with a provision of this Act or the regulations, the Minister may issue an order directing the person to comply with the provision in accordance with the directions set out in the order or to carry out such other action as the Minister considers necessary, including any action that the Minister may order to be done under subsection (1).
4(5)An order requiring the installation, replacement or alteration of a wastewater treatment facility or a waterworks may include
(a) a requirement that the person to whom the order is directed provide to the Minister such drawings, specifications and other information in relation to the facility as the Minister requires, and
(b) a compliance schedule requiring the completion of specified stages of construction or specified components or actions by specified dates.
4(6)A single order may deal with several contaminants or a combination of contaminants and may be directed to one or more persons.
4(7)Except in the case of an emergency situation, an order, including an amendment or revocation of an order, shall be in writing and shall include reasons for the order.
4(8)Each person to whom an order is directed is responsible for ensuring and shall ensure that all of the work directed to be performed under the order is carried out and all of the action directed to be taken under the order is taken, at the person’s own expense, whether the order is directed to one or more than one person and whether or not the Minister has given directions by order to all of the persons to whom an order may be directed.
4(9)A person to whom an order is directed and such other persons, materials and equipment as that person considers necessary may enter upon any area, land, place or premises in order to comply with the order and may take all further action reasonably necessary to implement the directions contained in the order, and the owner or person in charge of the area, land, place or premises and any employees or agents of the owner or person in charge shall immediately permit those persons, materials and equipment to have all access reasonably necessary in order to implement fully and effectively the directions contained in the order.
4(10)An order remains in effect until
(a) the Minister has delivered a written notice to the persons to whom the order is directed, and to all other persons the Minister considers appropriate, to the effect that the order has been fully complied with, or
(b) the Minister has revoked the order.
4(11)A person to whom an order is directed may appeal in the manner provided by regulation, but the initiation of an appeal does not abrogate the requirement to comply with the order.
4(12)An order is binding upon the heirs, successors, executors, administrators and assigns of the persons to whom it is directed.
1993, c.19, s.3; 2002, c.26, s.3
Orders
4(1)Subject to subsection 12(3), the Minister may, in the circumstances described in subsection (2), issue an order requiring the person to whom it is directed to do, in accordance with the directions set out in the order, one or more of the following:
(a) to control or reduce the rate of release of any contaminant into or upon water;
(b) to eliminate the release of any contaminant into or upon water
(i) permanently,
(ii) for a specified period, or
(iii) in the circumstances set out in the order;
(c) to alter the manner of release of any contaminant into or upon water;
(d) to alter the procedures to be followed in the control, reduction or elimination of the release of any contaminant into or upon water;
(e) to install, replace or alter any equipment or thing designed to control, reduce or eliminate the release of any contaminant into or upon water;
(f) to install, replace or alter a wastewater treatment facility or waterworks in order to control, reduce, eliminate or remedy the release of a contaminant into or upon water;
(g) to conduct any investigation, make any tests and prepare and submit to the Minister any reports required by the Minister; and
(h) if a contaminant has been released into or upon water, to carry out clean-up, site rehabilitation, restoration of land, premises or personal property or other remedial action.
4(2)The Minister may issue an order in relation to a contaminant if the Minister is of the opinion that
(a) the contaminant has been, is being or may be released into or upon water at a rate exceeding the maximum rate established by this Act or the regulations for the release of that contaminant,
(b) the contaminant has been, is being or may be released into or upon water in a manner prohibited under this Act or the regulations,
(c) the release of the contaminant is prohibited under this Act or the regulations, or
(d) it is in the best interests of the public to make the order, 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 water to be affected,
(ii) the health of human, plant or animal life or the safety or comfort of a human to be adversely 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.
4(3)An order under subsection (1) may be directed to any one or any combination of the following:
(a) the owner of the contaminant;
(b) the person having control of the contaminant;
(c) the person who, in the opinion of the Minister, by the person’s act or omission caused the release, whether directly or indirectly and whether or not the act or omission constituted an offence under this Act or the regulations;
(d) a person who owns, leases, manages or has charge or control of land, premises or personal property that has been, is being or may reasonably be expected to be adversely affected by the release;
(e) the authority having jurisdiction over the land or premises where the release occurred, is occurring or may occur; or
(f) any person whose assistance is, in the opinion of the Minister, necessary in order to deal effectively with the release or ameliorate the situation.
4(4)Subject to subsection 12(3), if, in the opinion of the Minister, a person has violated or has failed to comply with a provision of this Act or the regulations, the Minister may issue an order directing the person to comply with the provision in accordance with the directions set out in the order or to carry out such other action as the Minister considers necessary, including any action that the Minister may order to be done under subsection (1).
4(5)An order requiring the installation, replacement or alteration of a wastewater treatment facility or a waterworks may include
(a) a requirement that the person to whom the order is directed provide to the Minister such drawings, specifications and other information in relation to the facility as the Minister requires, and
(b) a compliance schedule requiring the completion of specified stages of construction or specified components or actions by specified dates.
4(6)A single order may deal with several contaminants or a combination of contaminants and may be directed to one or more persons.
4(7)Except in the case of an emergency situation, an order, including an amendment or revocation of an order, shall be in writing and shall include reasons for the order.
4(8)Each person to whom an order is directed is responsible for ensuring and shall ensure that all of the work directed to be performed under the order is carried out and all of the action directed to be taken under the order is taken, at the person’s own expense, whether the order is directed to one or more than one person and whether or not the Minister has given directions by order to all of the persons to whom an order may be directed.
4(9)A person to whom an order is directed and such other persons, materials and equipment as that person considers necessary may enter upon any area, land, place or premises in order to comply with the order and may take all further action reasonably necessary to implement the directions contained in the order, and the owner or person in charge of the area, land, place or premises and any employees or agents of the owner or person in charge shall immediately permit those persons, materials and equipment to have all access reasonably necessary in order to implement fully and effectively the directions contained in the order.
4(10)An order remains in effect until
(a) the Minister has delivered a written notice to the persons to whom the order is directed, and to all other persons the Minister considers appropriate, to the effect that the order has been fully complied with, or
(b) the Minister has revoked the order.
4(11)A person to whom an order is directed may appeal in the manner provided by regulation, but the initiation of an appeal does not abrogate the requirement to comply with the order.
4(12)An order is binding upon the heirs, successors, executors, administrators and assigns of the persons to whom it is directed.
1993, c.19, s.3; 2002, c.26, s.3
Ministerial Order
4(1)Subject to subsection 12(3), the Minister may issue a Ministerial Order requiring the person to whom it is directed to do, in accordance with the directions set out in the order, one or more of the following:
(a) to control or reduce the rate of release of any contaminant or waste into or upon water;
(b) to eliminate the release of any contaminant or waste into or upon water
(i) permanently,
(ii) for a specified period, or
(iii) in the circumstances set out in the order;
(c) to alter the manner of release of any contaminant or waste into or upon water;
(d) to alter the procedures to be followed in the control, reduction or elimination of the release of any contaminant or waste into or upon water;
(e) to install, replace or alter any equipment or thing designed to control, reduce or eliminate the release of any contaminant or waste into or upon water;
(f) to install, replace or alter a wastewater treatment facility or waterworks in order to control, reduce, eliminate or remedy the release of a contaminant or waste into or upon water; and
(g) if a contaminant or waste has been released into or upon water, to carry out clean-up, site rehabilitation or other remedial action.
4(2)A Ministerial Order requiring the installation, replacement or alteration of a wastewater treatment facility or a waterworks may include
(a) a requirement that the person to whom the order is directed provide to the Minister such drawings, specifications and other information in relation to the facility as the Minister requires, and
(b) a compliance schedule requiring the completion of specified stages of construction or specified components or actions by specified dates.
4(3)A single Ministerial Order may deal with several contaminants or wastes or a combination of contaminants or wastes and may be directed to one or more persons.
4(4)A Ministerial Order shall be in writing and shall include reasons for the order.
4(5)When a Ministerial Order is served upon a person to whom it is directed, that person shall comply with the order.
4(6)A Ministerial Order remains in effect until rescinded by the Minister.
4(7)A person to whom a Ministerial Order is directed may appeal in the manner provided by regulation, but the initiation of an appeal does not abrogate the requirement to comply with the Ministerial Order.
4(8)A Ministerial Order is binding upon the heirs, successors, executors, administrators and assigns of the persons to whom it is directed.
1993, c.19, s.3