Acts and Regulations

C-6.1 - Clean Water Act

Section 8
Disposition versions

Full text
Recovery of costs
8(1)If
(a) the Minister has incurred any costs that remain unrecovered in part or in whole in relation to the release of a contaminant into or upon water, and
(b) the Minister has made a written demand under subsection 6(1) where applicable,
the unrecovered costs may be recovered by the Minister by action in a court of competent jurisdiction as a debt owed to the Crown in right of the Province.
8(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.
8(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 remains unrecovered.
8(3.1)If the Minister has incurred costs described in paragraph (1)(a) and the Minister has made a written demand under subsection 6(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.
8(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 entered as a judgment obtained in the Court against the person named in the certificate for the amount set out in the certificate.
8(3.3)A person named in a certificate issued under subsection (3.1) may appeal both his or her liability for the unrecovered costs and the amount of the unrecovered costs set out in the certificate in the manner prescribed by regulation, 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.
8(4)If another person has commenced an action that includes a claim on behalf of the Crown in right of the Province, the Minister may take the steps necessary to assume carriage of the action in order to recover the costs referred to in subsection (1).
8(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 5 or subsection 8.1(2).
8(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.
8(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.
8(7.1)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.
8(8)In any claim or action under this section, a certificate purporting to be signed by the Minister setting out the amount of the costs referred to 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
(a) of the amount of the costs set out in the certificate, and
(b) that the costs were made necessary or caused by the release of a contaminant to which the claim or action relates.
8(9)The provisions of this section apply, with the necessary modifications, to any costs incurred by the Minister while
(a) acting under a regulation under this Act in relation to the actual or anticipated release of a contaminant into the water,
(b) acting in relation to a person’s failure or refusal to comply with an order, or
(c) carrying out an investigation or inspection in relation to the issuance of an order under this Act or the regulations.
1989, c.53, s.3; 1993, c.19, s.6; 2002, c.26, s.7; 2023, c.17, s.29
Recovery of costs
8(1)If
(a) the Minister has incurred any costs that remain unrecovered in part or in whole in relation to the release of a contaminant into or upon water, and
(b) the Minister has made a written demand under subsection 6(1) where applicable,
the unrecovered costs may be recovered by the Minister by action in a court of competent jurisdiction as a debt owed to Her Majesty in right of New Brunswick.
8(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.
8(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 remains unrecovered.
8(3.1)If the Minister has incurred costs described in paragraph (1)(a) and the Minister has made a written demand under subsection 6(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.
8(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 entered as a judgment obtained in the Court against the person named in the certificate for the amount set out in the certificate.
8(3.3)A person named in a certificate issued under subsection (3.1) may appeal both his or her liability for the unrecovered costs and the amount of the unrecovered costs set out in the certificate in the manner prescribed by regulation, 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.
8(4)If another person has commenced an action that includes a claim on behalf of Her Majesty in right of the Province, the Minister may take the steps necessary to assume carriage of the action in order to recover the costs referred to in subsection (1).
8(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 5 or subsection 8.1(2).
8(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.
8(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.
8(7.1)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.
8(8)In any claim or action under this section, a certificate purporting to be signed by the Minister setting out the amount of the costs referred to 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
(a) of the amount of the costs set out in the certificate, and
(b) that the costs were made necessary or caused by the release of a contaminant to which the claim or action relates.
8(9)The provisions of this section apply, with the necessary modifications, to any costs incurred by the Minister while
(a) acting under a regulation under this Act in relation to the actual or anticipated release of a contaminant into the water,
(b) acting in relation to a person’s failure or refusal to comply with an order, or
(c) carrying out an investigation or inspection in relation to the issuance of an order under this Act or the regulations.
1989, c.53, s.3; 1993, c.19, s.6; 2002, c.26, s.7
Recovery of costs
8(1)If
(a) the Minister has incurred any costs that remain unrecovered in part or in whole in relation to the release of a contaminant into or upon water, and
(b) the Minister has made a written demand under subsection 6(1) where applicable,
the unrecovered costs may be recovered by the Minister by action in a court of competent jurisdiction as a debt owed to Her Majesty in right of New Brunswick.
8(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.
8(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 remains unrecovered.
8(3.1)If the Minister has incurred costs described in paragraph (1)(a) and the Minister has made a written demand under subsection 6(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.
8(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 entered as a judgment obtained in the Court against the person named in the certificate for the amount set out in the certificate.
8(3.3)A person named in a certificate issued under subsection (3.1) may appeal both his or her liability for the unrecovered costs and the amount of the unrecovered costs set out in the certificate in the manner prescribed by regulation, 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.
8(4)If another person has commenced an action that includes a claim on behalf of Her Majesty in right of the Province, the Minister may take the steps necessary to assume carriage of the action in order to recover the costs referred to in subsection (1).
8(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 5 or subsection 8.1(2).
8(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.
8(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.
8(7.1)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.
8(8)In any claim or action under this section, a certificate purporting to be signed by the Minister setting out the amount of the costs referred to 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
(a) of the amount of the costs set out in the certificate, and
(b) that the costs were made necessary or caused by the release of a contaminant to which the claim or action relates.
8(9)The provisions of this section apply, with the necessary modifications, to any costs incurred by the Minister while
(a) acting under a regulation under this Act in relation to the actual or anticipated release of a contaminant into the water,
(b) acting in relation to a person’s failure or refusal to comply with an order, or
(c) carrying out an investigation or inspection in relation to the issuance of an order under this Act or the regulations.
1989, c.53, s.3; 1993, c.19, s.6; 2002, c.26, s.7
Recovery of costs, expenses, losses, damages or charges
8(1)If
(a) a contaminant or waste has been directly or indirectly released into or upon water,
(b) the Minister has incurred any cost, expense, loss, damages or charge that remains unrecovered in part or in whole with respect to the occurrence of an event described in paragraph (a), while acting under section 5 or 7, and
(c) the Minister has made a written demand under subsection 6(1) where applicable,
the unrecovered cost, expense, loss, damages or charge may be recovered by the Minister by action in a court of competent jurisdiction as a debt owed to Her Majesty in right of the Province.
8(2)No person shall make a claim for or seek to recover any cost, expense, loss, damages or charge incurred with respect to the occurrence of an event described in paragraphs (1)(a) and (b) unless that person first delivers to the Minister written notice of the action to be taken.
8(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 cost, expense, loss, damages or charge incurred by the Minister that remains unrecovered.
8(4)If another person has commenced an action that includes a claim on behalf of Her Majesty in right of the Province, the Minister may take the steps necessary to assume carriage of the action in order to recover the cost, expense, loss, damages or charge referred to in subsection (1).
8(5)If an event described in paragraphs (1)(a) and (b) occurs and a person to whom a Ministerial Order or an order under subsection 5(1) is directed is the insured under an insurance policy that provides for coverage for any loss or damage resulting from such event, the insurer shall pay to the Minister any cost, expense, loss, damages or charge incurred by the Minister while acting under subsection 5(2).
8(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 cost, expense, loss, damages or charge in the circumstances described in subsection (5) and the insurer shall pay the proceeds in accordance with the agreement.
8(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.
8(7.1)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.
8(8)In any claim or action under this section, a certificate purporting to be signed by the Minister setting out the amount of the cost, loss, expense, damages or charge referred to in paragraph (1)(b) 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
(a) of the amount of the cost, loss, expense, damages or charge set out in the certificate, and
(b) that the cost, loss, expense, damages or charge was made necessary or caused by the release of a contaminant or waste to which the claim or action relates.
8(9)The provisions of this section apply, with the necessary modifications, to any cost, loss, expense, damages or charge incurred by the Minister with respect to the occurrence of an event described in paragraph (1)(a) while acting under a regulation under this Act.
1989, c.53, s.3; 1993, c.19, s.6