Acts and Regulations

C-6.1 - Clean Water Act

Full text
Liability
6(1)Upon written demand being made by the Minister, any costs incurred by the Minister while taking action under section 5 or 7, including the cost of providing water and the cost of all persons, materials and equipment employed and the cost of ameliorating any adverse effect of the release of a contaminant, of restoring any land, premises or personal property under subsection 8.1(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, directly or indirectly, the release to which the matter relates.
6(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.
6(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 or upon water, 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 8.1(1), or
(d) repairing any other damage whatsoever done in those circumstances.
6(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 8.1(1) or to pay the Minister as required under subsection (1) or (2).
1993, c.19, s.4; 2002, c.26, s.5
Liability
6(1)Upon written demand being made by the Minister, any costs incurred by the Minister while taking action under section 5 or 7, including the cost of providing water and the cost of all persons, materials and equipment employed and the cost of ameliorating any adverse effect of the release of a contaminant, of restoring any land, premises or personal property under subsection 8.1(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, directly or indirectly, the release to which the matter relates.
6(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.
6(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 or upon water, 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 8.1(1), or
(d) repairing any other damage whatsoever done in those circumstances.
6(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 8.1(1) or to pay the Minister as required under subsection (1) or (2).
1993, c.19, s.4; 2002, c.26, s.5
Liability
6(1)Upon written demand being made by the Minister, any cost, loss, expense, damages or charge incurred by the Minister while acting under section 5, including, without restricting the generality of the foregoing, the cost of providing water and the cost of all persons, materials and equipment employed and of repairing any damage done, shall be the liability of and paid by any person who failed or refused to comply with a Ministerial Order or an order made under subsection 5(1).
6(2)If more than one person has failed or refused to comply with a Ministerial Order or an order made under subsection 5(1), those persons are jointly and severally liable under subsection (1).
6(3)The Minister is liable for any unnecessary damage caused by any action taken by the Minister or by any person acting on behalf of the Minister under section 5.
1993, c.19, s.4