Acts and Regulations

C-6 - Clean Environment Act

Full text
Regulations
32The Lieutenant-Governor in Council may make regulations
(a) Repealed: 2002, c.25, s.14
(b) prescribing any matter to be waste;
(b.1) Repealed: 1975, c.12, s.8
(c) Repealed: 2002, c.25, s.14
(c.1) respecting the granting of an exemption in relation to a Wetland Designation Order or a Coastal Designation Order;
(d) prescribing or authorizing the Minister to establish the form of and the manner in which registrations, licences, permits and approvals are to be issued, transferred, suspended, cancelled, renewed and reinstated;
(e) Repealed: 1989, c.52, s.23
(e.1) prescribing fees to be paid under subsection 13(2);
(e.2) prescribing fees to be paid upon the application for, and upon the issuance, transfer, renewal and reinstatement of any registration, licence, permit and approval;
(e.3) providing for the appeal of any order or decision made under the regulations;
(f) prescribing the manner of appeal from orders or other decisions made under this Act or the regulations, including prescribing the effect of such order or decision pending the determination of the appeal;
(f.01) respecting additional functions and duties for water or wastewater commissions established under section 15.2;
(f.02) respecting voting procedures and requirements for water or wastewater commissions established under section 15.2, including the weighting of votes for proportional representation;
(f.03) respecting the preparation and submission of annual reports by water or wastewater commissions established under section 15.2;
(f.1) Repealed: 2012, c.44, s.1
(f.11) Repealed: 2012, c.44, s.1
(f.12) Repealed: 2012, c.44, s.1
(f.13) Repealed: 2012, c.44, s.1
(f.2) Repealed: 2012, c.44, s.1
(f.3) Repealed: 2012, c.44, s.1
(f.4) Repealed: 2012, c.44, s.1
(f.5) Repealed: 2012, c.44, s.1
(f.6) Repealed: 2012, c.44, s.1
(f.7) Repealed: 2012, c.44, s.1
(f.8) Repealed: 2012, c.44, s.1
(f.9) Repealed: 2012, c.44, s.1
(f.91) Repealed: 2012, c.44, s.1
(g) establishing a tariff of fees, rentals and charges payable under section 30;
(h) Repealed: 1989, c.52, s.23
(h.1) Repealed: 1989, c.52, s.23
(h.2) Repealed: 1989, c.52, s.23
(i) respecting the duties and powers of inspectors and analysts, the taking of samples and the making of analyses for the purposes of this Act;
(j) regulating, controlling or prohibiting the erection or placing of structures of any kind upon the ice of any body of water, including providing for the removal of any such structures erected or placed contrary to regulation;
(k) regulating, controlling, prohibiting, directing or providing for the construction, alteration, modification, operation, location, repair, monitoring, testing, inspection, discharge or removal of any source of contaminant, danger of pollution, waterworks, wastewater works, hydro-electric project, control dam, or any class thereof, and providing for the issue, transfer, suspension, cancellation, renewal and reinstatement of registrations, licences, permits and approvals for the construction, alteration, modification, operation, location, repair, monitoring, testing, inspection, discharge or removal of any source of contaminant, danger of pollution, waterworks, wastewater works, hydro-electric project, control dam, or any class thereof;
(l) Repealed: 1989, c.52, s.23
(m) Repealed: 1989, c.52, s.23
(n) regulating, controlling, prohibiting, directing or providing for the handling, disposal, removal, release, testing, monitoring and treatment of any class of, or any, contaminant, waste, gas, liquid or solid into, from or upon the environment and providing for the issue, transfer, suspension, cancellation, renewal and reinstatement of registrations, licences, permits and approvals for the handling, disposal, removal, release, testing, monitoring and treatment of any class of, or any, contaminant, waste, gas, liquid or solid into, from or upon the environment;
(o) regulating, controlling, prohibiting, directing or providing for the withdrawal, use, storage and handling of water from any natural or artificial source, and providing for the issue, transfer, suspension, cancellation, renewal and reinstatement of registrations, licences, permits and approvals for the withdrawal, use, storage and handling of water from any natural or artificial source;
(p) prescribing or authorizing the Minister to impose terms and conditions upon which registrations, licences, permits and approvals may be refused, issued, transferred, suspended, cancelled, renewed and reinstated;
(q) prescribing the responsibility for and the payment and recovery of any costs incurred by the Minister, including the cost of all persons, materials and equipment employed, and of repairing any damage done, to operate, rectify, control, reduce, eliminate, remove, modify, clean up, rehabilitate, remedy or investigate any matter or thing that is or may be in violation of this Act or the regulations;
(q.1) respecting the responsibility for and the payment and recovery of any costs incurred by any person, including the cost of all persons, materials and equipment employed, and of repairing any damage done, to operate, rectify, control, reduce, eliminate, remove, modify, clean up, rehabilitate, remedy or investigate any matter or thing that is or may be in violation of this Act or the regulations;
(q.2) generally respecting insurance coverage or the posting of security as a condition of obtaining, continuing to hold, having renewed, having reinstated or transferring a registration, licence, permit or approval, including the forfeiture of the security and the disposition of the proceeds of insurance or security;
(q.3) respecting the carriage, conduct and settlement of claims and actions relating to matters coming within this Act and the regulations;
(q.4) 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;
(r) regulating, controlling, prescribing and providing for methods, standards or tests for determining the amount, concentration, level or presence of any contaminant, waste, gas, liquid or solid, or any class thereof, in or upon the environment;
(r.10) respecting the creation and operation of stewardship boards provided for in section 22.1, including, in relation to such boards
(i) their establishment as bodies corporate for any purpose provided for in subsection 22.1(1) or in the regulations,
(ii) the application or non-application of the Business Corporations Act,
(iii) their functions, duties, powers, objects and purposes, in addition to those established under subsection 22.1(1),
(iv) the making of arrangements and entering into of agreements and contracts, raising of revenues, charging of fees, financing of undertakings, dealing with of property and engaging and paying of personnel,
(v) their administration and the conduct of their business and affairs, their fiscal year and the establishment of rules of procedure for their meetings, including quorums,
(vi) their composition and the manner and terms of appointment and the removal from office of members and officers, the qualifications, compensation and reimbursement of members and personnel and the terms and conditions applying to members, former members and personnel, including respecting conflict of interest, and
(vii) any other matter in relation to the creation or operation of a stewardship board;
(r.11) Repealed: 2006, c.10, s.2
(r.12) designating materials for the purposes of section 22.1 and creating different classes of designated materials for different purposes;
(r.13) respecting the manufacture, distribution, sale, supply, offering for sale or supply, packaging, labelling, use, storage, collection, transportation, recycling, processing, disposal or other handling of or in relation to a specified designated material, including respecting the inspection of land, premises and property where or with which such an activity is conducted;
(r.131) respecting advertising and the posting of information in relation to designated materials;
(r.14) respecting the application for and the issuance, amendment, transfer, suspension, cancellation, renewal and reinstatement by a stewardship board of, registrations and licences in relation to the management of designated materials, including establishing deadlines in relation to them;
(r.15) establishing the grounds upon which applications for the issuance, amendment, transfer, renewal or reinstatement of registrations and licences referred to in paragraph (r.14) may be refused;
(r.16) establishing terms and conditions upon which registrations and licences referred to in paragraph (r.14) may be issued, amended, transferred, held, suspended, cancelled, renewed and reinstated;
(r.17) generally respecting insurance coverage or the posting of security by manufacturers or distributors of designated materials, by retailers or by other persons handling or dealing with designated materials, including the forfeiture of the security and the disposition of the proceeds of insurance or security;
(r.18) respecting the development and implementation of management plans for or in relation to designated materials;
(r.19) respecting any matter in relation to the establishment and operation of depot or other return systems or any other management programs for or in relation to designated materials;
(r.20) respecting fees, deposits and refunds to be paid in relation to designated materials or classes of them, including the amounts or the manner of establishing the amounts of fees, deposits or refunds, exemptions in relation to them, penalties or a method for determining penalties, and the enforcement of penalties, arising from failure to pay, collect or remit such fees, deposits or refunds, the disposition of such fees or deposits that are unrefunded, payments to depot operators and retailers in relation to designated materials and all other matters in relation to a system for the payment, collection and remittance of fees and deposits and the payment of refunds in relation to designated materials;
(r.201) respecting fees to be paid in relation to the administrative costs of a stewardship board, including the following:
(i) the amount of a fee or the manner of establishing the amount of a fee, including establishment of the amount by a stewardship board;
(ii) exemptions in relation to a fee; and
(iii) penalties, the manner of establishing penalties and the enforcement of penalties arising from the failure to pay or remit a fee;
(r.21) respecting the content of recycled materials required in commodities;
(r.22) making, adopting or incorporating by reference standards to be applied under this Act or the regulations;
(r.23) 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 or a stewardship board and by other persons or classes of persons to whom this Act applies;
(r.24) respecting the development, implementation, amendment or imposition of product stewardship plans in relation to designated materials;
(r.25) respecting the submission to and approval by a stewardship board of product stewardship plans, including prescribing criteria to be considered by a stewardship board when approving a product stewardship plan;
(r.26) prohibiting industry from charging separate fees to consumers with respect to the costs associated with implementing and operating a product stewardship plan;
(r.27) respecting the establishment by a stewardship board of advisory committees in relation to the management of designated materials;
(s) Repealed: 1996, c.50, s.3
(s.1) respecting the confidentiality of documents and other information filed or submitted 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;
(t) Repealed: 1989, c.52, s.23
(u) Repealed: 1989, c.52, s.23
(u.1) requiring, or authorizing the Minister to require, as a condition of obtaining or continuing to hold a registration, licence, permit or approval under this Act or the regulations, the carrying out, in accordance with directions set out by the Minister, of clean-up, site rehabilitation or other remedial action;
(u.2) authorizing the Minister, where in his opinion a person has violated any provision of this Act or the regulations, to issue an order directing that person to carry out, in accordance with directions set out in the order, such clean-up, site rehabilitation or other remedial action as he considers necessary, including the provision of water by means of the installation of a water supply system or by other means;
(u.3) respecting forms for the purposes of this Act and the regulations;
(v) providing for the service of any notice, order or other document required to be served under this Act or the Regulations;
(v.1) defining any word or expression used in but not defined in this Act for the purposes of this Act, the regulations or both;
(v.2) prescribing any thing required by this Act to be prescribed;
(w) which he deems necessary for the protection of the environment and any matter or thing in or upon the environment;
(x) providing for carrying out the spirit, intent, meaning and purpose of this Act.
1971, c.3, s.31; 1973, c.21, s.3; 1974, c.4 (Supp.), s.4; 1975, c.12, s.8; 1976, c.19, s.2; 1983, c.17, s.7; 1987, c.11, s.9; 1989, c.52, s.23; 1991, c.27, s.8; 1993, c.13, s.10; 1994, c.91, s.5; 1996, c.50, s.3; 1998, c.41, s.20; 2000, c.26, s.37; 2002, c.25, s.14; 2003, c.6, s.5; 2005, c.7, s.10; 2006, c.10, s.2; 2010, c.19, s.3; 2012, c.32, s.2; 2012, c.44, s.1; 2023, c.2, s.164
Regulations
32The Lieutenant-Governor in Council may make regulations
(a) Repealed: 2002, c.25, s.14
(b) prescribing any matter to be waste;
(b.1) Repealed: 1975, c.12, s.8
(c) Repealed: 2002, c.25, s.14
(c.1) respecting the granting of an exemption in relation to a Wetland Designation Order or a Coastal Designation Order;
(d) prescribing or authorizing the Minister to establish the form of and the manner in which registrations, licences, permits and approvals are to be issued, transferred, suspended, cancelled, renewed and reinstated;
(e) Repealed: 1989, c.52, s.23
(e.1) prescribing fees to be paid under subsection 13(2);
(e.2) prescribing fees to be paid upon the application for, and upon the issuance, transfer, renewal and reinstatement of any registration, licence, permit and approval;
(e.3) providing for the appeal of any order or decision made under the regulations;
(f) prescribing the manner of appeal from orders or other decisions made under this Act or the regulations, including prescribing the effect of such order or decision pending the determination of the appeal;
(f.01) respecting additional functions and duties for water or wastewater commissions established under section 15.2;
(f.02) respecting voting procedures and requirements for water or wastewater commissions established under section 15.2, including the weighting of votes for proportional representation;
(f.03) respecting the preparation and submission of annual reports by water or wastewater commissions established under section 15.2;
(f.1) Repealed: 2012, c.44, s.1
(f.11) Repealed: 2012, c.44, s.1
(f.12) Repealed: 2012, c.44, s.1
(f.13) Repealed: 2012, c.44, s.1
(f.2) Repealed: 2012, c.44, s.1
(f.3) Repealed: 2012, c.44, s.1
(f.4) Repealed: 2012, c.44, s.1
(f.5) Repealed: 2012, c.44, s.1
(f.6) Repealed: 2012, c.44, s.1
(f.7) Repealed: 2012, c.44, s.1
(f.8) Repealed: 2012, c.44, s.1
(f.9) Repealed: 2012, c.44, s.1
(f.91) Repealed: 2012, c.44, s.1
(g) establishing a tariff of fees, rentals and charges payable under section 30;
(h) Repealed: 1989, c.52, s.23
(h.1) Repealed: 1989, c.52, s.23
(h.2) Repealed: 1989, c.52, s.23
(i) respecting the duties and powers of inspectors and analysts, the taking of samples and the making of analyses for the purposes of this Act;
(j) regulating, controlling or prohibiting the erection or placing of structures of any kind upon the ice of any body of water, including providing for the removal of any such structures erected or placed contrary to regulation;
(k) regulating, controlling, prohibiting, directing or providing for the construction, alteration, modification, operation, location, repair, monitoring, testing, inspection, discharge or removal of any source of contaminant, danger of pollution, waterworks, wastewater works, hydro-electric project, control dam, or any class thereof, and providing for the issue, transfer, suspension, cancellation, renewal and reinstatement of registrations, licences, permits and approvals for the construction, alteration, modification, operation, location, repair, monitoring, testing, inspection, discharge or removal of any source of contaminant, danger of pollution, waterworks, wastewater works, hydro-electric project, control dam, or any class thereof;
(l) Repealed: 1989, c.52, s.23
(m) Repealed: 1989, c.52, s.23
(n) regulating, controlling, prohibiting, directing or providing for the handling, disposal, removal, release, testing, monitoring and treatment of any class of, or any, contaminant, waste, gas, liquid or solid into, from or upon the environment and providing for the issue, transfer, suspension, cancellation, renewal and reinstatement of registrations, licences, permits and approvals for the handling, disposal, removal, release, testing, monitoring and treatment of any class of, or any, contaminant, waste, gas, liquid or solid into, from or upon the environment;
(o) regulating, controlling, prohibiting, directing or providing for the withdrawal, use, storage and handling of water from any natural or artificial source, and providing for the issue, transfer, suspension, cancellation, renewal and reinstatement of registrations, licences, permits and approvals for the withdrawal, use, storage and handling of water from any natural or artificial source;
(p) prescribing or authorizing the Minister to impose terms and conditions upon which registrations, licences, permits and approvals may be refused, issued, transferred, suspended, cancelled, renewed and reinstated;
(q) prescribing the responsibility for and the payment and recovery of any costs incurred by the Minister, including the cost of all persons, materials and equipment employed, and of repairing any damage done, to operate, rectify, control, reduce, eliminate, remove, modify, clean up, rehabilitate, remedy or investigate any matter or thing that is or may be in violation of this Act or the regulations;
(q.1) respecting the responsibility for and the payment and recovery of any costs incurred by any person, including the cost of all persons, materials and equipment employed, and of repairing any damage done, to operate, rectify, control, reduce, eliminate, remove, modify, clean up, rehabilitate, remedy or investigate any matter or thing that is or may be in violation of this Act or the regulations;
(q.2) generally respecting insurance coverage or the posting of security as a condition of obtaining, continuing to hold, having renewed, having reinstated or transferring a registration, licence, permit or approval, including the forfeiture of the security and the disposition of the proceeds of insurance or security;
(q.3) respecting the carriage, conduct and settlement of claims and actions relating to matters coming within this Act and the regulations;
(q.4) 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;
(r) regulating, controlling, prescribing and providing for methods, standards or tests for determining the amount, concentration, level or presence of any contaminant, waste, gas, liquid or solid, or any class thereof, in or upon the environment;
(r.10) respecting the creation and operation of stewardship boards provided for in section 22.1, including, in relation to such boards
(i) their establishment as bodies corporate for any purpose provided for in subsection 22.1(1) or in the regulations,
(ii) the application or non-application of the Business Corporations Act,
(iii) their functions, duties, powers, objects and purposes, in addition to those established under subsection 22.1(1),
(iv) the making of arrangements and entering into of agreements and contracts, raising of revenues, charging of fees, financing of undertakings, dealing with of property and engaging and paying of personnel,
(v) their administration and the conduct of their business and affairs, their fiscal year and the establishment of rules of procedure for their meetings, including quorums,
(vi) their composition and the manner and terms of appointment and the removal from office of members and officers, the qualifications, compensation and reimbursement of members and personnel and the terms and conditions applying to members, former members and personnel, including respecting conflict of interest, and
(vii) any other matter in relation to the creation or operation of a stewardship board;
(r.11) Repealed: 2006, c.10, s.2
(r.12) designating materials for the purposes of section 22.1 and creating different classes of designated materials for different purposes;
(r.13) respecting the manufacture, distribution, sale, supply, offering for sale or supply, packaging, labelling, use, storage, collection, transportation, recycling, processing, disposal or other handling of or in relation to a specified designated material, including respecting the inspection of land, premises and property where or with which such an activity is conducted;
(r.131) respecting advertising and the posting of information in relation to designated materials;
(r.14) respecting the application for and the issuance, amendment, transfer, suspension, cancellation, renewal and reinstatement by a stewardship board of, registrations and licences in relation to the management of designated materials, including establishing deadlines in relation to them;
(r.15) establishing the grounds upon which applications for the issuance, amendment, transfer, renewal or reinstatement of registrations and licences referred to in paragraph (r.14) may be refused;
(r.16) establishing terms and conditions upon which registrations and licences referred to in paragraph (r.14) may be issued, amended, transferred, held, suspended, cancelled, renewed and reinstated;
(r.17) generally respecting insurance coverage or the posting of security by manufacturers or distributors of designated materials, by retailers or by other persons handling or dealing with designated materials, including the forfeiture of the security and the disposition of the proceeds of insurance or security;
(r.18) respecting the development and implementation of management plans for or in relation to designated materials;
(r.19) respecting any matter in relation to the establishment and operation of depot or other return systems or any other management programs for or in relation to designated materials;
(r.20) respecting fees, deposits and refunds to be paid in relation to designated materials or classes of them, including the amounts or the manner of establishing the amounts of fees, deposits or refunds, exemptions in relation to them, penalties or a method for determining penalties, and the enforcement of penalties, arising from failure to pay, collect or remit such fees, deposits or refunds, the disposition of such fees or deposits that are unrefunded, payments to depot operators and retailers in relation to designated materials and all other matters in relation to a system for the payment, collection and remittance of fees and deposits and the payment of refunds in relation to designated materials;
(r.201) respecting fees to be paid in relation to the administrative costs of a stewardship board, including the following:
(i) the amount of a fee or the manner of establishing the amount of a fee, including establishment of the amount by a stewardship board;
(ii) exemptions in relation to a fee; and
(iii) penalties, the manner of establishing penalties and the enforcement of penalties arising from the failure to pay or remit a fee;
(r.21) respecting the content of recycled materials required in commodities;
(r.22) making, adopting or incorporating by reference standards to be applied under this Act or the regulations;
(r.23) 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 or a stewardship board and by other persons or classes of persons to whom this Act applies;
(r.24) respecting the development, implementation, amendment or imposition of product stewardship plans in relation to designated materials;
(r.25) respecting the submission to and approval by a stewardship board of product stewardship plans, including prescribing criteria to be considered by a stewardship board when approving a product stewardship plan;
(r.26) prohibiting industry from charging separate fees to consumers with respect to the costs associated with implementing and operating a product stewardship plan;
(r.27) respecting the establishment by a stewardship board of advisory committees in relation to the management of designated materials;
(s) Repealed: 1996, c.50, s.3
(s.1) respecting the confidentiality of documents and other information filed or submitted 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;
(t) Repealed: 1989, c.52, s.23
(u) Repealed: 1989, c.52, s.23
(u.1) requiring, or authorizing the Minister to require, as a condition of obtaining or continuing to hold a registration, licence, permit or approval under this Act or the regulations, the carrying out, in accordance with directions set out by the Minister, of clean-up, site rehabilitation or other remedial action;
(u.2) authorizing the Minister, where in his opinion a person has violated any provision of this Act or the regulations, to issue an order directing that person to carry out, in accordance with directions set out in the order, such clean-up, site rehabilitation or other remedial action as he considers necessary, including the provision of water by means of the installation of a water supply system or by other means;
(u.3) respecting forms for the purposes of this Act and the regulations;
(v) providing for the service of any notice, order or other document required to be served under this Act or the Regulations;
(v.1) defining any word or expression used in but not defined in this Act for the purposes of this Act, the regulations or both;
(v.2) prescribing any thing required by this Act to be prescribed;
(w) which he deems necessary for the protection of the environment and any matter or thing in or upon the environment;
(x) providing for carrying out the spirit, intent, meaning and purpose of this Act.
1971, c.3, s.31; 1973, c.21, s.3; 1974, c.4 (Supp.), s.4; 1975, c.12, s.8; 1976, c.19, s.2; 1983, c.17, s.7; 1987, c.11, s.9; 1989, c.52, s.23; 1991, c.27, s.8; 1993, c.13, s.10; 1994, c.91, s.5; 1996, c.50, s.3; 1998, c.41, s.20; 2000, c.26, s.37; 2002, c.25, s.14; 2003, c.6, s.5; 2005, c.7, s.10; 2006, c.10, s.2; 2010, c.19, s.3; 2012, c.32, s.2; 2012, c.44, s.1
Regulations
32The Lieutenant-Governor in Council may make regulations
(a) Repealed: 2002, c.25, s.14.
(b) prescribing any matter to be waste;
(b.1) Repealed: 1975, c.12, s.8
(c) Repealed: 2002, c.25, s.14.
(c.1) respecting the granting of an exemption in relation to a Wetland Designation Order or a Coastal Designation Order;
(d) prescribing or authorizing the Minister to establish the form of and the manner in which registrations, licences, permits and approvals are to be issued, transferred, suspended, cancelled, renewed and reinstated;
(e) Repealed: 1989, c.52, s.23
(e.1) prescribing fees to be paid under subsection 13(2);
(e.2) prescribing fees to be paid upon the application for, and upon the issuance, transfer, renewal and reinstatement of any registration, licence, permit and approval;
(e.3) providing for the appeal of any order or decision made under the regulations;
(f) prescribing the manner of appeal from orders or other decisions made under this Act or the regulations, including prescribing the effect of such order or decision pending the determination of the appeal;
(f.01) respecting additional functions and duties for water or wastewater commissions established under section 15.2;
(f.02) respecting voting procedures and requirements for water or wastewater commissions established under section 15.2, including the weighting of votes for proportional representation;
(f.03) respecting the preparation and submission of annual reports by water or wastewater commissions established under section 15.2;
(f.1) Repealed: 2012, c.44, s.1
(f.11) Repealed: 2012, c.44, s.1
(f.12) Repealed: 2012, c.44, s.1
(f.13) Repealed: 2012, c.44, s.1
(f.2) Repealed: 2012, c.44, s.1
(f.3) Repealed: 2012, c.44, s.1
(f.4) Repealed: 2012, c.44, s.1
(f.5) Repealed: 2012, c.44, s.1
(f.6) Repealed: 2012, c.44, s.1
(f.7) Repealed: 2012, c.44, s.1
(f.8) Repealed: 2012, c.44, s.1
(f.9) Repealed: 2012, c.44, s.1
(f.91) Repealed: 2012, c.44, s.1
(g) establishing a tariff of fees, rentals and charges payable under section 30;
(h) Repealed: 1989, c.52, s.23
(h.1) Repealed: 1989, c.52, s.23
(h.2) Repealed: 1989, c.52, s.23
(i) respecting the duties and powers of inspectors and analysts, the taking of samples and the making of analyses for the purposes of this Act;
(j) regulating, controlling or prohibiting the erection or placing of structures of any kind upon the ice of any body of water, including providing for the removal of any such structures erected or placed contrary to regulation;
(k) regulating, controlling, prohibiting, directing or providing for the construction, alteration, modification, operation, location, repair, monitoring, testing, inspection, discharge or removal of any source of contaminant, danger of pollution, waterworks, wastewater works, hydro-electric project, control dam, or any class thereof, and providing for the issue, transfer, suspension, cancellation, renewal and reinstatement of registrations, licences, permits and approvals for the construction, alteration, modification, operation, location, repair, monitoring, testing, inspection, discharge or removal of any source of contaminant, danger of pollution, waterworks, wastewater works, hydro-electric project, control dam, or any class thereof;
(l) Repealed: 1989, c.52, s.23
(m) Repealed: 1989, c.52, s.23
(n) regulating, controlling, prohibiting, directing or providing for the handling, disposal, removal, release, testing, monitoring and treatment of any class of, or any, contaminant, waste, gas, liquid or solid into, from or upon the environment and providing for the issue, transfer, suspension, cancellation, renewal and reinstatement of registrations, licences, permits and approvals for the handling, disposal, removal, release, testing, monitoring and treatment of any class of, or any, contaminant, waste, gas, liquid or solid into, from or upon the environment;
(o) regulating, controlling, prohibiting, directing or providing for the withdrawal, use, storage and handling of water from any natural or artificial source, and providing for the issue, transfer, suspension, cancellation, renewal and reinstatement of registrations, licences, permits and approvals for the withdrawal, use, storage and handling of water from any natural or artificial source;
(p) prescribing or authorizing the Minister to impose terms and conditions upon which registrations, licences, permits and approvals may be refused, issued, transferred, suspended, cancelled, renewed and reinstated;
(q) prescribing the responsibility for and the payment and recovery of any costs incurred by the Minister, including the cost of all persons, materials and equipment employed, and of repairing any damage done, to operate, rectify, control, reduce, eliminate, remove, modify, clean up, rehabilitate, remedy or investigate any matter or thing that is or may be in violation of this Act or the regulations;
(q.1) respecting the responsibility for and the payment and recovery of any costs incurred by any person, including the cost of all persons, materials and equipment employed, and of repairing any damage done, to operate, rectify, control, reduce, eliminate, remove, modify, clean up, rehabilitate, remedy or investigate any matter or thing that is or may be in violation of this Act or the regulations;
(q.2) generally respecting insurance coverage or the posting of security as a condition of obtaining, continuing to hold, having renewed, having reinstated or transferring a registration, licence, permit or approval, including the forfeiture of the security and the disposition of the proceeds of insurance or security;
(q.3) respecting the carriage, conduct and settlement of claims and actions relating to matters coming within this Act and the regulations;
(q.4) 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;
(r) regulating, controlling, prescribing and providing for methods, standards or tests for determining the amount, concentration, level or presence of any contaminant, waste, gas, liquid or solid, or any class thereof, in or upon the environment;
(r.10) respecting the creation and operation of stewardship boards provided for in section 22.1, including, in relation to such boards
(i) their establishment as bodies corporate for any purpose provided for in subsection 22.1(1) or in the regulations,
(ii) the application or non-application of the Business Corporations Act,
(iii) their functions, duties, powers, objects and purposes, in addition to those established under subsection 22.1(1),
(iv) the making of arrangements and entering into of agreements and contracts, raising of revenues, charging of fees, financing of undertakings, dealing with of property and engaging and paying of personnel,
(v) their administration and the conduct of their business and affairs, their fiscal year and the establishment of rules of procedure for their meetings, including quorums,
(vi) their composition and the manner and terms of appointment and the removal from office of members and officers, the qualifications, compensation and reimbursement of members and personnel and the terms and conditions applying to members, former members and personnel, including respecting conflict of interest, and
(vii) any other matter in relation to the creation or operation of a stewardship board;
(r.11) Repealed: 2006, c.10, s.2
(r.12) designating materials for the purposes of section 22.1 and creating different classes of designated materials for different purposes;
(r.13) respecting the manufacture, distribution, sale, supply, offering for sale or supply, packaging, labelling, use, storage, collection, transportation, recycling, processing, disposal or other handling of or in relation to a specified designated material, including respecting the inspection of land, premises and property where or with which such an activity is conducted;
(r.131) respecting advertising and the posting of information in relation to designated materials;
(r.14) respecting the application for and the issuance, amendment, transfer, suspension, cancellation, renewal and reinstatement by a stewardship board of, registrations and licences in relation to the management of designated materials, including establishing deadlines in relation to them;
(r.15) establishing the grounds upon which applications for the issuance, amendment, transfer, renewal or reinstatement of registrations and licences referred to in paragraph (r.14) may be refused;
(r.16) establishing terms and conditions upon which registrations and licences referred to in paragraph (r.14) may be issued, amended, transferred, held, suspended, cancelled, renewed and reinstated;
(r.17) generally respecting insurance coverage or the posting of security by manufacturers or distributors of designated materials, by retailers or by other persons handling or dealing with designated materials, including the forfeiture of the security and the disposition of the proceeds of insurance or security;
(r.18) respecting the development and implementation of management plans for or in relation to designated materials;
(r.19) respecting any matter in relation to the establishment and operation of depot or other return systems or any other management programs for or in relation to designated materials;
(r.20) respecting fees, deposits and refunds to be paid in relation to designated materials or classes of them, including the amounts or the manner of establishing the amounts of fees, deposits or refunds, exemptions in relation to them, penalties or a method for determining penalties, and the enforcement of penalties, arising from failure to pay, collect or remit such fees, deposits or refunds, the disposition of such fees or deposits that are unrefunded, payments to depot operators and retailers in relation to designated materials and all other matters in relation to a system for the payment, collection and remittance of fees and deposits and the payment of refunds in relation to designated materials;
(r.201) respecting fees to be paid in relation to the administrative costs of a stewardship board, including the following:
(i) the amount of a fee or the manner of establishing the amount of a fee, including establishment of the amount by a stewardship board;
(ii) exemptions in relation to a fee; and
(iii) penalties, the manner of establishing penalties and the enforcement of penalties arising from the failure to pay or remit a fee;
(r.21) respecting the content of recycled materials required in commodities;
(r.22) making, adopting or incorporating by reference standards to be applied under this Act or the regulations;
(r.23) 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 or a stewardship board and by other persons or classes of persons to whom this Act applies;
(r.24) respecting the development, implementation, amendment or imposition of product stewardship plans in relation to designated materials;
(r.25) respecting the submission to and approval by a stewardship board of product stewardship plans, including prescribing criteria to be considered by a stewardship board when approving a product stewardship plan;
(r.26) prohibiting industry from charging separate fees to consumers with respect to the costs associated with implementing and operating a product stewardship plan;
(r.27) respecting the establishment by a stewardship board of advisory committees in relation to the management of designated materials;
(s) Repealed: 1996, c.50, s.3
(s.1) respecting the confidentiality of documents and other information filed or submitted 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;
(t) Repealed: 1989, c.52, s.23
(u) Repealed: 1989, c.52, s.23
(u.1) requiring, or authorizing the Minister to require, as a condition of obtaining or continuing to hold a registration, licence, permit or approval under this Act or the regulations, the carrying out, in accordance with directions set out by the Minister, of clean-up, site rehabilitation or other remedial action;
(u.2) authorizing the Minister, where in his opinion a person has violated any provision of this Act or the regulations, to issue an order directing that person to carry out, in accordance with directions set out in the order, such clean-up, site rehabilitation or other remedial action as he considers necessary, including the provision of water by means of the installation of a water supply system or by other means;
(u.3) respecting forms for the purposes of this Act and the regulations;
(v) providing for the service of any notice, order or other document required to be served under this Act or the Regulations;
(v.1) defining any word or expression used in but not defined in this Act for the purposes of this Act, the regulations or both;
(v.2) prescribing any thing required by this Act to be prescribed;
(w) which he deems necessary for the protection of the environment and any matter or thing in or upon the environment;
(x) providing for carrying out the spirit, intent, meaning and purpose of this Act.
1971, c.3, s.31; 1973, c.21, s.3; 1974, c.4(Supp.), s.4; 1975, c.12, s.8; 1976, c.19, s.2; 1983, c.17, s.7; 1987, c.11, s.9; 1989, c.52, s.23; 1991, c.27, s.8; 1993, c.13, s.10; 1994, c.91, s.5; 1996, c.50, s.3; 1998, c.41, s.20; 2000, c.26, s.37; 2002, c.25, s.14; 2003, c.6, s.5; 2005, c.7, s.10; 2006, c.10, s.2; 2010, c.19, s.3; 2012, c.32, s.2; 2012, c.44, s.1
Regulations
32The Lieutenant-Governor in Council may make regulations
(a) Repealed: 2002, c.25, s.14.
(b) prescribing any matter to be waste;
(b.1) Repealed: 1975, c.12, s.8
(c) Repealed: 2002, c.25, s.14.
(c.1) respecting the granting of an exemption in relation to a Wetland Designation Order or a Coastal Designation Order;
(d) prescribing or authorizing the Minister to establish the form of and the manner in which registrations, licences, permits and approvals are to be issued, transferred, suspended, cancelled, renewed and reinstated;
(e) Repealed: 1989, c.52, s.23
(e.1) prescribing fees to be paid under subsection 13(2);
(e.2) prescribing fees to be paid upon the application for, and upon the issuance, transfer, renewal and reinstatement of any registration, licence, permit and approval;
(e.3) providing for the appeal of any order or decision made under the regulations;
(f) prescribing the manner of appeal from orders or other decisions made under this Act or the regulations, including prescribing the effect of such order or decision pending the determination of the appeal;
(f.01) respecting additional functions and duties for water or wastewater commissions established under section 15.2;
(f.02) respecting voting procedures and requirements for water or wastewater commissions established under section 15.2, including the weighting of votes for proportional representation;
(f.03) respecting the preparation and submission of annual reports by water or wastewater commissions established under section 15.2;
(f.1) respecting additional functions and duties for regional solid waste commissions;
(f.11) limiting the circumstances in which a regional solid waste commission may perform a function or duty outside the region, as altered from time to time, for which it was established;
(f.12) limiting the circumstances in which a regional solid waste commission may accept solid waste from outside the region, as altered from time to time, for which it was established;
(f.13) respecting the fees charged by regional solid waste commissions for services provided to other regional solid waste commissions;
(f.2) respecting the types of waste for which regional solid waste commissions are responsible;
(f.3) respecting the criteria on which the eligibility of a person to be a member of a regional solid waste commission is to be determined and respecting the terms and conditions of membership on the commissions;
(f.4) respecting notice requirements from regional solid waste commissions to participating municipalities, to participating rural communities, to the Minister and to participating Indian reserves;
(f.5) respecting voting procedures and requirements for regional solid waste commissions, including the weighting of votes for proportional representation;
(f.6) respecting the purchase of goods and services by regional solid waste commissions;
(f.7) respecting the financial management of regional solid waste commissions, including accounting and auditing requirements;
(f.8) respecting the establishment and management of reserve funds by regional solid waste commissions, and the purposes and amounts of such funds;
(f.9) respecting the preparation and submission of annual reports by regional solid waste commissions;
(f.91) respecting agreements under subsection 15.92(2), including the sharing of the cost and other matters related to the construction, ownership or operation of a generation facility and the use or sale of the electricity generated;
(g) establishing a tariff of fees, rentals and charges payable under section 30;
(h) Repealed: 1989, c.52, s.23
(h.1) Repealed: 1989, c.52, s.23
(h.2) Repealed: 1989, c.52, s.23
(i) respecting the duties and powers of inspectors and analysts, the taking of samples and the making of analyses for the purposes of this Act;
(j) regulating, controlling or prohibiting the erection or placing of structures of any kind upon the ice of any body of water, including providing for the removal of any such structures erected or placed contrary to regulation;
(k) regulating, controlling, prohibiting, directing or providing for the construction, alteration, modification, operation, location, repair, monitoring, testing, inspection, discharge or removal of any source of contaminant, danger of pollution, waterworks, wastewater works, hydro-electric project, control dam, or any class thereof, and providing for the issue, transfer, suspension, cancellation, renewal and reinstatement of registrations, licences, permits and approvals for the construction, alteration, modification, operation, location, repair, monitoring, testing, inspection, discharge or removal of any source of contaminant, danger of pollution, waterworks, wastewater works, hydro-electric project, control dam, or any class thereof;
(l) Repealed: 1989, c.52, s.23
(m) Repealed: 1989, c.52, s.23
(n) regulating, controlling, prohibiting, directing or providing for the handling, disposal, removal, release, testing, monitoring and treatment of any class of, or any, contaminant, waste, gas, liquid or solid into, from or upon the environment and providing for the issue, transfer, suspension, cancellation, renewal and reinstatement of registrations, licences, permits and approvals for the handling, disposal, removal, release, testing, monitoring and treatment of any class of, or any, contaminant, waste, gas, liquid or solid into, from or upon the environment;
(o) regulating, controlling, prohibiting, directing or providing for the withdrawal, use, storage and handling of water from any natural or artificial source, and providing for the issue, transfer, suspension, cancellation, renewal and reinstatement of registrations, licences, permits and approvals for the withdrawal, use, storage and handling of water from any natural or artificial source;
(p) prescribing or authorizing the Minister to impose terms and conditions upon which registrations, licences, permits and approvals may be refused, issued, transferred, suspended, cancelled, renewed and reinstated;
(q) prescribing the responsibility for and the payment and recovery of any costs incurred by the Minister, including the cost of all persons, materials and equipment employed, and of repairing any damage done, to operate, rectify, control, reduce, eliminate, remove, modify, clean up, rehabilitate, remedy or investigate any matter or thing that is or may be in violation of this Act or the regulations;
(q.1) respecting the responsibility for and the payment and recovery of any costs incurred by any person, including the cost of all persons, materials and equipment employed, and of repairing any damage done, to operate, rectify, control, reduce, eliminate, remove, modify, clean up, rehabilitate, remedy or investigate any matter or thing that is or may be in violation of this Act or the regulations;
(q.2) generally respecting insurance coverage or the posting of security as a condition of obtaining, continuing to hold, having renewed, having reinstated or transferring a registration, licence, permit or approval, including the forfeiture of the security and the disposition of the proceeds of insurance or security;
(q.3) respecting the carriage, conduct and settlement of claims and actions relating to matters coming within this Act and the regulations;
(q.4) 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;
(r) regulating, controlling, prescribing and providing for methods, standards or tests for determining the amount, concentration, level or presence of any contaminant, waste, gas, liquid or solid, or any class thereof, in or upon the environment;
(r.10) respecting the creation and operation of stewardship boards provided for in section 22.1, including, in relation to such boards
(i) their establishment as bodies corporate for any purpose provided for in subsection 22.1(1) or in the regulations,
(ii) the application or non-application of the Business Corporations Act,
(iii) their functions, duties, powers, objects and purposes, in addition to those established under subsection 22.1(1),
(iv) the making of arrangements and entering into of agreements and contracts, raising of revenues, charging of fees, financing of undertakings, dealing with of property and engaging and paying of personnel,
(v) their administration and the conduct of their business and affairs, their fiscal year and the establishment of rules of procedure for their meetings, including quorums,
(vi) their composition and the manner and terms of appointment and the removal from office of members and officers, the qualifications, compensation and reimbursement of members and personnel and the terms and conditions applying to members, former members and personnel, including respecting conflict of interest, and
(vii) any other matter in relation to the creation or operation of a stewardship board;
(r.11) Repealed: 2006, c.10, s.2
(r.12) designating materials for the purposes of section 22.1 and creating different classes of designated materials for different purposes;
(r.13) respecting the manufacture, distribution, sale, supply, offering for sale or supply, packaging, labelling, use, storage, collection, transportation, recycling, processing, disposal or other handling of or in relation to a specified designated material, including respecting the inspection of land, premises and property where or with which such an activity is conducted;
(r.131) respecting advertising and the posting of information in relation to designated materials;
(r.14) respecting the application for and the issuance, amendment, transfer, suspension, cancellation, renewal and reinstatement by a stewardship board of, registrations and licences in relation to the management of designated materials, including establishing deadlines in relation to them;
(r.15) establishing the grounds upon which applications for the issuance, amendment, transfer, renewal or reinstatement of registrations and licences referred to in paragraph (r.14) may be refused;
(r.16) establishing terms and conditions upon which registrations and licences referred to in paragraph (r.14) may be issued, amended, transferred, held, suspended, cancelled, renewed and reinstated;
(r.17) generally respecting insurance coverage or the posting of security by manufacturers or distributors of designated materials, by retailers or by other persons handling or dealing with designated materials, including the forfeiture of the security and the disposition of the proceeds of insurance or security;
(r.18) respecting the development and implementation of management plans for or in relation to designated materials;
(r.19) respecting any matter in relation to the establishment and operation of depot or other return systems or any other management programs for or in relation to designated materials;
(r.20) respecting fees, deposits and refunds to be paid in relation to designated materials or classes of them, including the amounts or the manner of establishing the amounts of fees, deposits or refunds, exemptions in relation to them, penalties or a method for determining penalties, and the enforcement of penalties, arising from failure to pay, collect or remit such fees, deposits or refunds, the disposition of such fees or deposits that are unrefunded, payments to depot operators and retailers in relation to designated materials and all other matters in relation to a system for the payment, collection and remittance of fees and deposits and the payment of refunds in relation to designated materials;
(r.201) respecting fees to be paid in relation to the administrative costs of a stewardship board, including the following:
(i) the amount of a fee or the manner of establishing the amount of a fee, including establishment of the amount by a stewardship board;
(ii) exemptions in relation to a fee; and
(iii) penalties, the manner of establishing penalties and the enforcement of penalties arising from the failure to pay or remit a fee;
(r.21) respecting the content of recycled materials required in commodities;
(r.22) making, adopting or incorporating by reference standards to be applied under this Act or the regulations;
(r.23) 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 or a stewardship board and by other persons or classes of persons to whom this Act applies;
(r.24) respecting the development, implementation, amendment or imposition of product stewardship plans in relation to designated materials;
(r.25) respecting the submission to and approval by a stewardship board of product stewardship plans, including prescribing criteria to be considered by a stewardship board when approving a product stewardship plan;
(r.26) prohibiting industry from charging separate fees to consumers with respect to the costs associated with implementing and operating a product stewardship plan;
(r.27) respecting the establishment by a stewardship board of advisory committees in relation to the management of designated materials;
(s) Repealed: 1996, c.50, s.3
(s.1) respecting the confidentiality of documents and other information filed or submitted 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;
(t) Repealed: 1989, c.52, s.23
(u) Repealed: 1989, c.52, s.23
(u.1) requiring, or authorizing the Minister to require, as a condition of obtaining or continuing to hold a registration, licence, permit or approval under this Act or the regulations, the carrying out, in accordance with directions set out by the Minister, of clean-up, site rehabilitation or other remedial action;
(u.2) authorizing the Minister, where in his opinion a person has violated any provision of this Act or the regulations, to issue an order directing that person to carry out, in accordance with directions set out in the order, such clean-up, site rehabilitation or other remedial action as he considers necessary, including the provision of water by means of the installation of a water supply system or by other means;
(u.3) respecting forms for the purposes of this Act and the regulations;
(v) providing for the service of any notice, order or other document required to be served under this Act or the Regulations;
(v.1) defining any word or expression used in but not defined in this Act for the purposes of this Act, the regulations or both;
(v.2) prescribing any thing required by this Act to be prescribed;
(w) which he deems necessary for the protection of the environment and any matter or thing in or upon the environment;
(x) providing for carrying out the spirit, intent, meaning and purpose of this Act.
1971, c.3, s.31; 1973, c.21, s.3; 1974, c.4(Supp.), s.4; 1975, c.12, s.8; 1976, c.19, s.2; 1983, c.17, s.7; 1987, c.11, s.9; 1989, c.52, s.23; 1991, c.27, s.8; 1993, c.13, s.10; 1994, c.91, s.5; 1996, c.50, s.3; 1998, c.41, s.20; 2000, c.26, s.37; 2002, c.25, s.14; 2003, c.6, s.5; 2005, c.7, s.10; 2006, c.10, s.2; 2010, c.19, s.3; 2012, c.32, s.2
Regulations
32The Lieutenant-Governor in Council may make regulations
(a) Repealed: 2002, c.25, s.14.
(b) prescribing any matter to be waste;
(b.1) Repealed: 1975, c.12, s.8
(c) Repealed: 2002, c.25, s.14.
(c.1) respecting the granting of an exemption in relation to a Wetland Designation Order or a Coastal Designation Order;
(d) prescribing or authorizing the Minister to establish the form of and the manner in which registrations, licences, permits and approvals are to be issued, transferred, suspended, cancelled, renewed and reinstated;
(e) Repealed: 1989, c.52, s.23
(e.1) prescribing fees to be paid under subsection 13(2);
(e.2) prescribing fees to be paid upon the application for, and upon the issuance, transfer, renewal and reinstatement of any registration, licence, permit and approval;
(e.3) providing for the appeal of any order or decision made under the regulations;
(f) prescribing the manner of appeal from orders or other decisions made under this Act or the regulations, including prescribing the effect of such order or decision pending the determination of the appeal;
(f.1) respecting additional functions and duties for regional solid waste commissions;
(f.11) limiting the circumstances in which a regional solid waste commission may perform a function or duty outside the region, as altered from time to time, for which it was established;
(f.12) limiting the circumstances in which a regional solid waste commission may accept solid waste from outside the region, as altered from time to time, for which it was established;
(f.13) respecting the fees charged by regional solid waste commissions for services provided to other regional solid waste commissions;
(f.2) respecting the types of waste for which regional solid waste commissions are responsible;
(f.3) respecting the criteria on which the eligibility of a person to be a member of a regional solid waste commission is to be determined and respecting the terms and conditions of membership on the commissions;
(f.4) respecting notice requirements from regional solid waste commissions to participating municipalities, to participating rural communities, to the Minister and to participating Indian reserves;
(f.5) respecting voting procedures and requirements for regional solid waste commissions, including the weighting of votes for proportional representation;
(f.6) respecting the purchase of goods and services by regional solid waste commissions;
(f.7) respecting the financial management of regional solid waste commissions, including accounting and auditing requirements;
(f.8) respecting the establishment and management of reserve funds by regional solid waste commissions, and the purposes and amounts of such funds;
(f.9) respecting the preparation and submission of annual reports by regional solid waste commissions;
(f.91) respecting agreements under subsection 15.92(2), including the sharing of the cost and other matters related to the construction, ownership or operation of a generation facility and the use or sale of the electricity generated;
(g) establishing a tariff of fees, rentals and charges payable under section 30;
(h) Repealed: 1989, c.52, s.23
(h.1) Repealed: 1989, c.52, s.23
(h.2) Repealed: 1989, c.52, s.23
(i) respecting the duties and powers of inspectors and analysts, the taking of samples and the making of analyses for the purposes of this Act;
(j) regulating, controlling or prohibiting the erection or placing of structures of any kind upon the ice of any body of water, including providing for the removal of any such structures erected or placed contrary to regulation;
(k) regulating, controlling, prohibiting, directing or providing for the construction, alteration, modification, operation, location, repair, monitoring, testing, inspection, discharge or removal of any source of contaminant, danger of pollution, waterworks, wastewater works, hydro-electric project, control dam, or any class thereof, and providing for the issue, transfer, suspension, cancellation, renewal and reinstatement of registrations, licences, permits and approvals for the construction, alteration, modification, operation, location, repair, monitoring, testing, inspection, discharge or removal of any source of contaminant, danger of pollution, waterworks, wastewater works, hydro-electric project, control dam, or any class thereof;
(l) Repealed: 1989, c.52, s.23
(m) Repealed: 1989, c.52, s.23
(n) regulating, controlling, prohibiting, directing or providing for the handling, disposal, removal, release, testing, monitoring and treatment of any class of, or any, contaminant, waste, gas, liquid or solid into, from or upon the environment and providing for the issue, transfer, suspension, cancellation, renewal and reinstatement of registrations, licences, permits and approvals for the handling, disposal, removal, release, testing, monitoring and treatment of any class of, or any, contaminant, waste, gas, liquid or solid into, from or upon the environment;
(o) regulating, controlling, prohibiting, directing or providing for the withdrawal, use, storage and handling of water from any natural or artificial source, and providing for the issue, transfer, suspension, cancellation, renewal and reinstatement of registrations, licences, permits and approvals for the withdrawal, use, storage and handling of water from any natural or artificial source;
(p) prescribing or authorizing the Minister to impose terms and conditions upon which registrations, licences, permits and approvals may be refused, issued, transferred, suspended, cancelled, renewed and reinstated;
(q) prescribing the responsibility for and the payment and recovery of any costs incurred by the Minister, including the cost of all persons, materials and equipment employed, and of repairing any damage done, to operate, rectify, control, reduce, eliminate, remove, modify, clean up, rehabilitate, remedy or investigate any matter or thing that is or may be in violation of this Act or the regulations;
(q.1) respecting the responsibility for and the payment and recovery of any costs incurred by any person, including the cost of all persons, materials and equipment employed, and of repairing any damage done, to operate, rectify, control, reduce, eliminate, remove, modify, clean up, rehabilitate, remedy or investigate any matter or thing that is or may be in violation of this Act or the regulations;
(q.2) generally respecting insurance coverage or the posting of security as a condition of obtaining, continuing to hold, having renewed, having reinstated or transferring a registration, licence, permit or approval, including the forfeiture of the security and the disposition of the proceeds of insurance or security;
(q.3) respecting the carriage, conduct and settlement of claims and actions relating to matters coming within this Act and the regulations;
(q.4) 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;
(r) regulating, controlling, prescribing and providing for methods, standards or tests for determining the amount, concentration, level or presence of any contaminant, waste, gas, liquid or solid, or any class thereof, in or upon the environment;
(r.10) respecting the creation and operation of stewardship boards provided for in section 22.1, including, in relation to such boards
(i) their establishment as bodies corporate for any purpose provided for in subsection 22.1(1) or in the regulations,
(ii) the application or non-application of the Business Corporations Act,
(iii) their functions, duties, powers, objects and purposes, in addition to those established under subsection 22.1(1),
(iv) the making of arrangements and entering into of agreements and contracts, raising of revenues, charging of fees, financing of undertakings, dealing with of property and engaging and paying of personnel,
(v) their administration and the conduct of their business and affairs, their fiscal year and the establishment of rules of procedure for their meetings, including quorums,
(vi) their composition and the manner and terms of appointment and the removal from office of members and officers, the qualifications, compensation and reimbursement of members and personnel and the terms and conditions applying to members, former members and personnel, including respecting conflict of interest, and
(vii) any other matter in relation to the creation or operation of a stewardship board;
(r.11) Repealed: 2006, c.10, s.2
(r.12) designating materials for the purposes of section 22.1 and creating different classes of designated materials for different purposes;
(r.13) respecting the manufacture, distribution, sale, supply, offering for sale or supply, packaging, labelling, use, storage, collection, transportation, recycling, processing, disposal or other handling of or in relation to a specified designated material, including respecting the inspection of land, premises and property where or with which such an activity is conducted;
(r.131) respecting advertising and the posting of information in relation to designated materials;
(r.14) respecting the application for and the issuance, amendment, transfer, suspension, cancellation, renewal and reinstatement by a stewardship board of, registrations and licences in relation to the management of designated materials, including establishing deadlines in relation to them;
(r.15) establishing the grounds upon which applications for the issuance, amendment, transfer, renewal or reinstatement of registrations and licences referred to in paragraph (r.14) may be refused;
(r.16) establishing terms and conditions upon which registrations and licences referred to in paragraph (r.14) may be issued, amended, transferred, held, suspended, cancelled, renewed and reinstated;
(r.17) generally respecting insurance coverage or the posting of security by manufacturers or distributors of designated materials, by retailers or by other persons handling or dealing with designated materials, including the forfeiture of the security and the disposition of the proceeds of insurance or security;
(r.18) respecting the development and implementation of management plans for or in relation to designated materials;
(r.19) respecting any matter in relation to the establishment and operation of depot or other return systems or any other management programs for or in relation to designated materials;
(r.20) respecting fees, deposits and refunds to be paid in relation to designated materials or classes of them, including the amounts or the manner of establishing the amounts of fees, deposits or refunds, exemptions in relation to them, penalties or a method for determining penalties, and the enforcement of penalties, arising from failure to pay, collect or remit such fees, deposits or refunds, the disposition of such fees or deposits that are unrefunded, payments to depot operators and retailers in relation to designated materials and all other matters in relation to a system for the payment, collection and remittance of fees and deposits and the payment of refunds in relation to designated materials;
(r.201) respecting fees to be paid in relation to the administrative costs of a stewardship board, including the following:
(i) the amount of a fee or the manner of establishing the amount of a fee, including establishment of the amount by a stewardship board;
(ii) exemptions in relation to a fee; and
(iii) penalties, the manner of establishing penalties and the enforcement of penalties arising from the failure to pay or remit a fee;
(r.21) respecting the content of recycled materials required in commodities;
(r.22) making, adopting or incorporating by reference standards to be applied under this Act or the regulations;
(r.23) 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 or a stewardship board and by other persons or classes of persons to whom this Act applies;
(r.24) respecting the development, implementation, amendment or imposition of product stewardship plans in relation to designated materials;
(r.25) respecting the submission to and approval by a stewardship board of product stewardship plans, including prescribing criteria to be considered by a stewardship board when approving a product stewardship plan;
(r.26) prohibiting industry from charging separate fees to consumers with respect to the costs associated with implementing and operating a product stewardship plan;
(r.27) respecting the establishment by a stewardship board of advisory committees in relation to the management of designated materials;
(s) Repealed: 1996, c.50, s.3
(s.1) respecting the confidentiality of documents and other information filed or submitted 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;
(t) Repealed: 1989, c.52, s.23
(u) Repealed: 1989, c.52, s.23
(u.1) requiring, or authorizing the Minister to require, as a condition of obtaining or continuing to hold a registration, licence, permit or approval under this Act or the regulations, the carrying out, in accordance with directions set out by the Minister, of clean-up, site rehabilitation or other remedial action;
(u.2) authorizing the Minister, where in his opinion a person has violated any provision of this Act or the regulations, to issue an order directing that person to carry out, in accordance with directions set out in the order, such clean-up, site rehabilitation or other remedial action as he considers necessary, including the provision of water by means of the installation of a water supply system or by other means;
(u.3) respecting forms for the purposes of this Act and the regulations;
(v) providing for the service of any notice, order or other document required to be served under this Act or the Regulations;
(v.1) defining any word or expression used in but not defined in this Act for the purposes of this Act, the regulations or both;
(v.2) prescribing any thing required by this Act to be prescribed;
(w) which he deems necessary for the protection of the environment and any matter or thing in or upon the environment;
(x) providing for carrying out the spirit, intent, meaning and purpose of this Act.
1971, c.3, s.31; 1973, c.21, s.3; 1974, c.4(Supp.), s.4; 1975, c.12, s.8; 1976, c.19, s.2; 1983, c.17, s.7; 1987, c.11, s.9; 1989, c.52, s.23; 1991, c.27, s.8; 1993, c.13, s.10; 1994, c.91, s.5; 1996, c.50, s.3; 1998, c.41, s.20; 2000, c.26, s.37; 2002, c.25, s.14; 2003, c.6, s.5; 2005, c.7, s.10; 2006, c.10, s.2; 2010, c.19, s.3
Regulations
32The Lieutenant-Governor in Council may make regulations
(a) Repealed: 2002, c.25, s.14.
(b) prescribing any matter to be waste;
(b.1) Repealed: 1975, c.12, s.8
(c) Repealed: 2002, c.25, s.14.
(c.1) respecting the granting of an exemption in relation to a Wetland Designation Order or a Coastal Designation Order;
(d) prescribing or authorizing the Minister to establish the form of and the manner in which registrations, licences, permits and approvals are to be issued, transferred, suspended, cancelled, renewed and reinstated;
(e) Repealed: 1989, c.52, s.23
(e.1) prescribing fees to be paid under subsection 13(2);
(e.2) prescribing fees to be paid upon the application for, and upon the issuance, transfer, renewal and reinstatement of any registration, licence, permit and approval;
(e.3) providing for the appeal of any order or decision made under the regulations;
(f) prescribing the manner of appeal from orders or other decisions made under this Act or the regulations, including prescribing the effect of such order or decision pending the determination of the appeal;
(f.1) respecting additional functions and duties for regional solid waste commissions;
(f.11) limiting the circumstances in which a regional solid waste commission may perform a function or duty outside the region, as altered from time to time, for which it was established;
(f.12) limiting the circumstances in which a regional solid waste commission may accept solid waste from outside the region, as altered from time to time, for which it was established;
(f.13) respecting the fees charged by regional solid waste commissions for services provided to other regional solid waste commissions;
(f.2) respecting the types of waste for which regional solid waste commissions are responsible;
(f.3) respecting the criteria on which the eligibility of a person to be a member of a regional solid waste commission is to be determined and respecting the terms and conditions of membership on the commissions;
(f.4) respecting notice requirements from regional solid waste commissions to participating municipalities, to participating rural communities, to the Minister and to participating Indian reserves;
(f.5) respecting voting procedures and requirements for regional solid waste commissions, including the weighting of votes for proportional representation;
(f.6) respecting the purchase of goods and services by regional solid waste commissions;
(f.7) respecting the financial management of regional solid waste commissions, including accounting and auditing requirements;
(f.8) respecting the establishment and management of reserve funds by regional solid waste commissions, and the purposes and amounts of such funds;
(f.9) respecting the preparation and submission of annual reports by regional solid waste commissions;
(g) establishing a tariff of fees, rentals and charges payable under section 30;
(h) Repealed: 1989, c.52, s.23
(h.1) Repealed: 1989, c.52, s.23
(h.2) Repealed: 1989, c.52, s.23
(i) respecting the duties and powers of inspectors and analysts, the taking of samples and the making of analyses for the purposes of this Act;
(j) regulating, controlling or prohibiting the erection or placing of structures of any kind upon the ice of any body of water, including providing for the removal of any such structures erected or placed contrary to regulation;
(k) regulating, controlling, prohibiting, directing or providing for the construction, alteration, modification, operation, location, repair, monitoring, testing, inspection, discharge or removal of any source of contaminant, danger of pollution, waterworks, wastewater works, hydro-electric project, control dam, or any class thereof, and providing for the issue, transfer, suspension, cancellation, renewal and reinstatement of registrations, licences, permits and approvals for the construction, alteration, modification, operation, location, repair, monitoring, testing, inspection, discharge or removal of any source of contaminant, danger of pollution, waterworks, wastewater works, hydro-electric project, control dam, or any class thereof;
(l) Repealed: 1989, c.52, s.23
(m) Repealed: 1989, c.52, s.23
(n) regulating, controlling, prohibiting, directing or providing for the handling, disposal, removal, release, testing, monitoring and treatment of any class of, or any, contaminant, waste, gas, liquid or solid into, from or upon the environment and providing for the issue, transfer, suspension, cancellation, renewal and reinstatement of registrations, licences, permits and approvals for the handling, disposal, removal, release, testing, monitoring and treatment of any class of, or any, contaminant, waste, gas, liquid or solid into, from or upon the environment;
(o) regulating, controlling, prohibiting, directing or providing for the withdrawal, use, storage and handling of water from any natural or artificial source, and providing for the issue, transfer, suspension, cancellation, renewal and reinstatement of registrations, licences, permits and approvals for the withdrawal, use, storage and handling of water from any natural or artificial source;
(p) prescribing or authorizing the Minister to impose terms and conditions upon which registrations, licences, permits and approvals may be refused, issued, transferred, suspended, cancelled, renewed and reinstated;
(q) prescribing the responsibility for and the payment and recovery of any costs incurred by the Minister, including the cost of all persons, materials and equipment employed, and of repairing any damage done, to operate, rectify, control, reduce, eliminate, remove, modify, clean up, rehabilitate, remedy or investigate any matter or thing that is or may be in violation of this Act or the regulations;
(q.1) respecting the responsibility for and the payment and recovery of any costs incurred by any person, including the cost of all persons, materials and equipment employed, and of repairing any damage done, to operate, rectify, control, reduce, eliminate, remove, modify, clean up, rehabilitate, remedy or investigate any matter or thing that is or may be in violation of this Act or the regulations;
(q.2) generally respecting insurance coverage or the posting of security as a condition of obtaining, continuing to hold, having renewed, having reinstated or transferring a registration, licence, permit or approval, including the forfeiture of the security and the disposition of the proceeds of insurance or security;
(q.3) respecting the carriage, conduct and settlement of claims and actions relating to matters coming within this Act and the regulations;
(q.4) 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;
(r) regulating, controlling, prescribing and providing for methods, standards or tests for determining the amount, concentration, level or presence of any contaminant, waste, gas, liquid or solid, or any class thereof, in or upon the environment;
(r.10) respecting the creation and operation of stewardship boards provided for in section 22.1, including, in relation to such boards
(i) their establishment as bodies corporate for any purpose provided for in subsection 22.1(1) or in the regulations,
(ii) the application or non-application of the Business Corporations Act,
(iii) their functions, duties, powers, objects and purposes, in addition to those established under subsection 22.1(1),
(iv) the making of arrangements and entering into of agreements and contracts, raising of revenues, charging of fees, financing of undertakings, dealing with of property and engaging and paying of personnel,
(v) their administration and the conduct of their business and affairs, their fiscal year and the establishment of rules of procedure for their meetings, including quorums,
(vi) their composition and the manner and terms of appointment and the removal from office of members and officers, the qualifications, compensation and reimbursement of members and personnel and the terms and conditions applying to members, former members and personnel, including respecting conflict of interest, and
(vii) any other matter in relation to the creation or operation of a stewardship board;
(r.11) Repealed: 2006, c.10, s.2
(r.12) designating materials for the purposes of section 22.1 and creating different classes of designated materials for different purposes;
(r.13) respecting the manufacture, distribution, sale, supply, offering for sale or supply, packaging, labelling, use, storage, collection, transportation, recycling, processing, disposal or other handling of or in relation to a specified designated material, including respecting the inspection of land, premises and property where or with which such an activity is conducted;
(r.131) respecting advertising and the posting of information in relation to designated materials;
(r.14) respecting the application for and the issuance, amendment, transfer, suspension, cancellation, renewal and reinstatement by a stewardship board of, registrations and licences in relation to the management of designated materials, including establishing deadlines in relation to them;
(r.15) establishing the grounds upon which applications for the issuance, amendment, transfer, renewal or reinstatement of registrations and licences referred to in paragraph (r.14) may be refused;
(r.16) establishing terms and conditions upon which registrations and licences referred to in paragraph (r.14) may be issued, amended, transferred, held, suspended, cancelled, renewed and reinstated;
(r.17) generally respecting insurance coverage or the posting of security by manufacturers or distributors of designated materials, by retailers or by other persons handling or dealing with designated materials, including the forfeiture of the security and the disposition of the proceeds of insurance or security;
(r.18) respecting the development and implementation of management plans for or in relation to designated materials;
(r.19) respecting any matter in relation to the establishment and operation of depot or other return systems or any other management programs for or in relation to designated materials;
(r.20) respecting fees, deposits and refunds to be paid in relation to designated materials or classes of them, including the amounts or the manner of establishing the amounts of fees, deposits or refunds, exemptions in relation to them, penalties or a method for determining penalties, and the enforcement of penalties, arising from failure to pay, collect or remit such fees, deposits or refunds, the disposition of such fees or deposits that are unrefunded, payments to depot operators and retailers in relation to designated materials and all other matters in relation to a system for the payment, collection and remittance of fees and deposits and the payment of refunds in relation to designated materials;
(r.201) respecting fees to be paid in relation to the administrative costs of a stewardship board, including the following:
(i) the amount of a fee or the manner of establishing the amount of a fee, including establishment of the amount by a stewardship board;
(ii) exemptions in relation to a fee; and
(iii) penalties, the manner of establishing penalties and the enforcement of penalties arising from the failure to pay or remit a fee;
(r.21) respecting the content of recycled materials required in commodities;
(r.22) making, adopting or incorporating by reference standards to be applied under this Act or the regulations;
(r.23) 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 or a stewardship board and by other persons or classes of persons to whom this Act applies;
(r.24) respecting the development, implementation, amendment or imposition of product stewardship plans in relation to designated materials;
(r.25) respecting the submission to and approval by a stewardship board of product stewardship plans, including prescribing criteria to be considered by a stewardship board when approving a product stewardship plan;
(r.26) prohibiting industry from charging separate fees to consumers with respect to the costs associated with implementing and operating a product stewardship plan;
(r.27) respecting the establishment by a stewardship board of advisory committees in relation to the management of designated materials;
(s) Repealed: 1996, c.50, s.3
(s.1) respecting the confidentiality of documents and other information filed or submitted 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;
(t) Repealed: 1989, c.52, s.23
(u) Repealed: 1989, c.52, s.23
(u.1) requiring, or authorizing the Minister to require, as a condition of obtaining or continuing to hold a registration, licence, permit or approval under this Act or the regulations, the carrying out, in accordance with directions set out by the Minister, of clean-up, site rehabilitation or other remedial action;
(u.2) authorizing the Minister, where in his opinion a person has violated any provision of this Act or the regulations, to issue an order directing that person to carry out, in accordance with directions set out in the order, such clean-up, site rehabilitation or other remedial action as he considers necessary, including the provision of water by means of the installation of a water supply system or by other means;
(u.3) respecting forms for the purposes of this Act and the regulations;
(v) providing for the service of any notice, order or other document required to be served under this Act or the Regulations;
(v.1) defining any word or expression used in but not defined in this Act for the purposes of this Act, the regulations or both;
(v.2) prescribing any thing required by this Act to be prescribed;
(w) which he deems necessary for the protection of the environment and any matter or thing in or upon the environment;
(x) providing for carrying out the spirit, intent, meaning and purpose of this Act.
1971, c.3, s.31; 1973, c.21, s.3; 1974, c.4(Supp.), s.4; 1975, c.12, s.8; 1976, c.19, s.2; 1983, c.17, s.7; 1987, c.11, s.9; 1989, c.52, s.23; 1991, c.27, s.8; 1993, c.13, s.10; 1994, c.91, s.5; 1996, c.50, s.3; 1998, c.41, s.20; 2000, c.26, s.37; 2002, c.25, s.14; 2003, c.6, s.5; 2005, c.7, s.10; 2006, c.10, s.2
Regulations
32The Lieutenant-Governor in Council may make regulations
(a) prescribing any substance to be a contaminant;
(b) prescribing any matter to be waste;
(b.1) Repealed: 1975, c.12, s.8
(c) prescribing or authorizing the Minister to establish maximum permissible amounts, concentration or levels of any contaminant, waste, gas, liquid or solid or any class thereof, that may be released into or upon the environment;
(c.1) respecting the granting of an exemption in relation to a Wetland Designation Order or a Coastal Designation Order;
(d) prescribing or authorizing the Minister to establish the form of and the manner in which registrations, licences, permits and approvals are to be issued, transferred, suspended, cancelled, renewed and reinstated;
(e) Repealed: 1989, c.52, s.23
(e.1) prescribing fees to be paid under subsection 13(2);
(e.2) prescribing fees to be paid upon the application for, and upon the issuance, transfer, renewal and reinstatement of any registration, licence, permit and approval;
(e.3) providing for the appeal of any order or decision made under the regulations;
(f) prescribing the manner of appeal from orders or other decisions made under this Act or the regulations, including prescribing the effect of such order or decision pending the determination of the appeal;
(f.1) respecting additional functions and duties for regional solid waste commissions;
(f.11) limiting the circumstances in which a regional solid waste commission may perform a function or duty outside the region, as altered from time to time, for which it was established;
(f.12) limiting the circumstances in which a regional solid waste commission may accept solid waste from outside the region, as altered from time to time, for which it was established;
(f.13) respecting the fees charged by regional solid waste commissions for services provided to other regional solid waste commissions;
(f.2) respecting the types of waste for which regional solid waste commissions are responsible;
(f.3) respecting the criteria on which the eligibility of a person to be a member of a regional solid waste commission is to be determined and respecting the terms and conditions of membership on the commissions;
(f.4) respecting notice requirements from regional solid waste commissions to participating municipalities, to participating rural communities, to the Minister and to participating Indian reserves;
(f.5) respecting voting procedures and requirements for regional solid waste commissions, including the weighting of votes for proportional representation;
(f.6) respecting the purchase of goods and services by regional solid waste commissions;
(f.7) respecting the financial management of regional solid waste commissions, including accounting and auditing requirements;
(f.8) respecting the establishment and management of reserve funds by regional solid waste commissions, and the purposes and amounts of such funds;
(f.9) respecting the preparation and submission of annual reports by regional solid waste commissions;
(g) establishing a tariff of fees, rentals and charges payable under section 30;
(h) Repealed: 1989, c.52, s.23
(h.1) Repealed: 1989, c.52, s.23
(h.2) Repealed: 1989, c.52, s.23
(i) respecting the duties and powers of inspectors and analysts, the taking of samples and the making of analyses for the purposes of this Act;
(j) regulating, controlling or prohibiting the erection or placing of structures of any kind upon the ice of any body of water, including providing for the removal of any such structures erected or placed contrary to regulation;
(k) regulating, controlling, prohibiting, directing or providing for the construction, alteration, modification, operation, location, repair, monitoring, testing, inspection, discharge or removal of any source of contaminant, danger of pollution, waterworks, wastewater works, hydro-electric project, control dam, or any class thereof, and providing for the issue, transfer, suspension, cancellation, renewal and reinstatement of registrations, licences, permits and approvals for the construction, alteration, modification, operation, location, repair, monitoring, testing, inspection, discharge or removal of any source of contaminant, danger of pollution, waterworks, wastewater works, hydro-electric project, control dam, or any class thereof;
(l) Repealed: 1989, c.52, s.23
(m) Repealed: 1989, c.52, s.23
(n) regulating, controlling, prohibiting, directing or providing for the handling, disposal, removal, release, testing, monitoring and treatment of any class of, or any, contaminant, waste, gas, liquid or solid into, from or upon the environment and providing for the issue, transfer, suspension, cancellation, renewal and reinstatement of registrations, licences, permits and approvals for the handling, disposal, removal, release, testing, monitoring and treatment of any class of, or any, contaminant, waste, gas, liquid or solid into, from or upon the environment;
(o) regulating, controlling, prohibiting, directing or providing for the withdrawal, use, storage and handling of water from any natural or artificial source, and providing for the issue, transfer, suspension, cancellation, renewal and reinstatement of registrations, licences, permits and approvals for the withdrawal, use, storage and handling of water from any natural or artificial source;
(p) prescribing or authorizing the Minister to impose terms and conditions upon which registrations, licences, permits and approvals may be refused, issued, transferred, suspended, cancelled, renewed and reinstated;
(q) prescribing the responsibility for and the payment and recovery of any cost, expense, loss, damage or charge incurred by the Minister, including the cost, expense, loss, damage or charge of all persons, materials and equipment employed, and of repairing any damage done, to operate, rectify, control, reduce, eliminate, remove, modify, clean up, rehabilitate, remedy or investigate any matter or thing that is or may be in violation of this Act or the regulations;
(q.1) respecting the responsibility for and the payment and recovery of any cost, expense, loss, damage or charge incurred by any person, including the cost, expense, loss, damage or charge of all persons, materials and equipment employed and of repairing any damage done, to operate, rectify, control, reduce, eliminate, remove, modify, clean up, rehabilitate, remedy or investigate any matter or thing that is or may be in violation of this Act or the Regulations;
(q.2) generally respecting insurance coverage or the posting of security as a condition of obtaining, continuing to hold, having renewed, having reinstated or transferring a registration, licence, permit or approval, including the forfeiture of the security and the disposition of the proceeds of insurance or security;
(q.3) respecting the carriage, conduct and settlement of claims and actions relating to matters coming within this Act and the regulations;
(q.4) respecting the procedure for the collection of costs, expenses, losses, damages and charges 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;
(r) regulating, controlling, prescribing and providing for methods, standards or tests for determining the amount, concentration, level or presence of any contaminant, waste, gas, liquid or solid, or any class thereof, in or upon the environment;
(r.10) respecting the creation and operation of stewardship boards provided for in section 22.1, including, in relation to such boards
(i) their establishment as bodies corporate for any purpose provided for in subsection 22.1(1) or in the regulations,
(ii) the application or non-application of the Business Corporations Act,
(iii) their functions, duties, powers, objects and purposes, in addition to those established under subsection 22.1(1),
(iv) the making of arrangements and entering into of agreements and contracts, raising of revenues, charging of fees, financing of undertakings, dealing with of property and engaging and paying of personnel,
(v) their administration and the conduct of their business and affairs, their fiscal year and the establishment of rules of procedure for their meetings, including quorums,
(vi) their composition and the manner and terms of appointment and the removal from office of members and officers, the qualifications, compensation and reimbursement of members and personnel and the terms and conditions applying to members, former members and personnel, including respecting conflict of interest, and
(vii) any other matter in relation to the creation or operation of a stewardship board;
(r.11) Repealed: 2006, c.10, s.2
(r.12) designating materials for the purposes of section 22.1 and creating different classes of designated materials for different purposes;
(r.13) respecting the manufacture, distribution, sale, supply, offering for sale or supply, packaging, labelling, use, storage, collection, transportation, recycling, processing, disposal or other handling of or in relation to a specified designated material, including respecting the inspection of land, premises and property where or with which such an activity is conducted;
(r.131) respecting advertising and the posting of information in relation to designated materials;
(r.14) respecting the application for and the issuance, amendment, transfer, suspension, cancellation, renewal and reinstatement by a stewardship board of, registrations and licences in relation to the management of designated materials, including establishing deadlines in relation to them;
(r.15) establishing the grounds upon which applications for the issuance, amendment, transfer, renewal or reinstatement of registrations and licences referred to in paragraph (r.14) may be refused;
(r.16) establishing terms and conditions upon which registrations and licences referred to in paragraph (r.14) may be issued, amended, transferred, held, suspended, cancelled, renewed and reinstated;
(r.17) generally respecting insurance coverage or the posting of security by manufacturers or distributors of designated materials, by retailers or by other persons handling or dealing with designated materials, including the forfeiture of the security and the disposition of the proceeds of insurance or security;
(r.18) respecting the development and implementation of management plans for or in relation to designated materials;
(r.19) respecting any matter in relation to the establishment and operation of depot or other return systems or any other management programs for or in relation to designated materials;
(r.20) respecting fees, deposits and refunds to be paid in relation to designated materials or classes of them, including the amounts or the manner of establishing the amounts of fees, deposits or refunds, exemptions in relation to them, penalties or a method for determining penalties, and the enforcement of penalties, arising from failure to pay, collect or remit such fees, deposits or refunds, the disposition of such fees or deposits that are unrefunded, payments to depot operators and retailers in relation to designated materials and all other matters in relation to a system for the payment, collection and remittance of fees and deposits and the payment of refunds in relation to designated materials;
(r.201) respecting fees to be paid in relation to the administrative costs of a stewardship board, including the following:
(i) the amount of a fee or the manner of establishing the amount of a fee, including establishment of the amount by a stewardship board;
(ii) exemptions in relation to a fee; and
(iii) penalties, the manner of establishing penalties and the enforcement of penalties arising from the failure to pay or remit a fee;
(r.21) respecting the content of recycled materials required in commodities;
(r.22) making, adopting or incorporating by reference standards to be applied under this Act or the regulations;
(r.23) 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 or a stewardship board and by other persons or classes of persons to whom this Act applies;
(r.24) respecting the development, implementation, amendment or imposition of product stewardship plans in relation to designated materials;
(r.25) respecting the submission to and approval by a stewardship board of product stewardship plans, including prescribing criteria to be considered by a stewardship board when approving a product stewardship plan;
(r.26) prohibiting industry from charging separate fees to consumers with respect to the costs associated with implementing and operating a product stewardship plan;
(r.27) respecting the establishment by a stewardship board of advisory committees in relation to the management of designated materials;
(s) Repealed: 1996, c.50, s.3
(s.1) respecting the confidentiality of documents and other information filed or submitted 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;
(t) Repealed: 1989, c.52, s.23
(u) Repealed: 1989, c.52, s.23
(u.1) requiring, or authorizing the Minister to require, as a condition of obtaining or continuing to hold a registration, licence, permit or approval under this Act or the regulations, the carrying out, in accordance with directions set out by the Minister, of clean-up, site rehabilitation or other remedial action;
(u.2) authorizing the Minister, where in his opinion a person has violated any provision of this Act or the regulations, to issue an order directing that person to carry out, in accordance with directions set out in the order, such clean-up, site rehabilitation or other remedial action as he considers necessary, including the provision of water by means of the installation of a water supply system or by other means;
(u.3) respecting forms for the purposes of this Act and the regulations;
(v) providing for the service of any notice, order or other document required to be served under this Act or the Regulations;
(v.1) defining any word or expression used in but not defined in this Act for the purposes of this Act, the regulations or both;
(v.2) prescribing any thing required by this Act to be prescribed;
(w) which he deems necessary for the protection of the environment and any matter or thing in or upon the environment;
(x) providing for carrying out the spirit, intent, meaning and purpose of this Act.
1971, c.3, s.31; 1973, c.21, s.3; 1974, c.4(Supp.), s.4; 1975, c.12, s.8; 1976, c.19, s.2; 1983, c.17, s.7; 1987, c.11, s.9; 1989, c.52, s.23; 1991, c.27, s.8; 1993, c.13, s.10; 1994, c.91, s.5; 1996, c.50, s.3; 1998, c.41, s.20; 2000, c.26, s.37; 2003, c.6, s.5; 2005, c.7, s.10; 2006, c.10, s.2