Acts and Regulations

C-6 - Clean Environment Act

Section 5
Disposition versions

Full text
Orders – types and circumstances
5(1)Subject to subsection 5.3(3), the Minister may, in the circumstances described in subsection (2), issue an order requiring the person to whom it is directed to do, in accordance with the directions set out in the order, one or more of the following:
(a) to control or reduce the rate of release of any contaminant into or upon the environment or any part of the environment;
(b) to eliminate the release of any contaminant into or upon the environment or any part of the environment
(i) permanently,
(ii) for a specified period, or
(iii) in the circumstances set out in the order;
(c) to alter the manner of release of any contaminant into or upon the environment or any part of the environment;
(d) to alter the procedures to be followed in the control, reduction or elimination of the release of any contaminant into or upon the environment or any part of the environment;
(e) to install, replace or alter any equipment or thing designed to control, reduce or eliminate the release of any contaminant into or upon the environment or any part of the environment;
(f) to install, replace or alter a wastewater treatment facility or waterworks in order to control, reduce, eliminate or remedy the release of a contaminant into or upon the environment or any part of the environment;
(g) to conduct any investigation, make any tests and prepare and submit to the Minister any reports required by the Minister; and
(h) if a contaminant has been released into or upon the environment or any part of the environment, to carry out clean-up, site rehabilitation, restoration of land, premises or personal property or other remedial action.
5(2)The Minister may issue an order in relation to a contaminant if the Minister is of the opinion that
(a) the contaminant has been, is being or may be released into the environment at a rate exceeding the maximum rate established by this Act or the regulations for the release of that contaminant,
(b) the contaminant has been, is being or may be released into the environment in a manner prohibited under this Act or the regulations,
(c) the release of the contaminant is prohibited under this Act or the regulations, or
(d) it is in the best interests of the public to make the order, in circumstances where the release of the contaminant has caused, is causing or may cause
(i) the natural, physical, chemical or biological quality or constitution of the environment to be affected,
(ii) the health of human, plant or animal life or the safety or comfort of a human to be adversely affected,
(iii) property or plant or animal life to be damaged or rendered unfit for use by persons, or
(iv) visibility, the normal conduct of transport or business or the normal enjoyment of life or use or enjoyment of property to be interfered with.
5(3)An order under subsection (1) may be directed to any one or any combination of the following:
(a) the owner of the contaminant;
(b) the person having control of the contaminant;
(c) the person who, in the opinion of the Minister, by the person’s act or omission caused the release, whether directly or indirectly and whether or not the act or omission constituted an offence under this Act or the regulations;
(d) a person who owns, leases, manages or has charge or control of land, premises or personal property that has been, is being or may reasonably be expected to be adversely affected by the release;
(e) the authority having jurisdiction over the land or premises where the release occurred, is occurring or may occur; or
(f) any person whose assistance is, in the opinion of the Minister, necessary in order to deal effectively with the release or ameliorate the situation.
5(4)Subject to subsection 5.3(3), if, in the opinion of the Minister, a person has violated or has failed to comply with a provision of this Act or the regulations, the Minister may issue an order directing the person to comply with the provision in accordance with the directions set out in the order or to carry out such other action as the Minister considers necessary, including any action that the Minister may order to be done under subsection (1).
5(5)Notwithstanding the terms and conditions of any approval which may have been issued with respect to a source, wastewater works or waterworks, the Minister may, in the circumstances described in subsection (6), issue an order requiring the person to whom it is directed to do, in accordance with the directions set out in the order, one or more of the following:
(a) to conduct an investigation and make any tests of the construction, modification or operation of the source, wastewater works or waterworks and prepare and submit to the Minister any reports required by the Minister; and
(b) to make any modifications to the source, wastewater works or waterworks or to its operation as the Minister considers necessary.
5(6)The Minister may issue an order under subsection (5) if the Minister is of the opinion that it is in the best interests of the public to make the order, in circumstances where the source, wastewater works or waterworks has caused, is causing or may cause
(a) the natural, physical, chemical or biological quality or constitution of the environment to be affected,
(b) the health of human, plant or animal life or the safety or comfort of a human to be adversely affected,
(c) property or plant or animal life to be damaged or rendered unfit for use by persons, or
(d) visibility, the normal conduct of transport or business or the normal enjoyment of life or use or enjoyment of property to be interfered with.
5(7)If the Minister is notified by the Minister of Health that, in the interest of the public health in a local government, it is necessary that a waterworks should be constructed or modified, or that its operation should be commenced or modified, the Minister may order the local government to undertake such construction or modification or commence or modify such operation in accordance with any directions that the Minister may set out in the order.
5(8)An order requiring the installation, replacement or alteration of a wastewater treatment facility or a waterworks may include
(a) a requirement that the person to whom the order is directed provide to the Minister such drawings, specifications and other information in relation to the facility as the Minister requires, and
(b) a compliance schedule requiring the completion of specified stages of construction or specified components or actions by specified dates.
1973, c.21, s.2; 1975, c.12, s.2; 1983, c.17, s.3; 1987, c.11, s.2; 1989, c.52, s.2; 1993, c.13, s.2; 2002, c.25, s.3; 2006, c.16, s.24; 2017, c.20, s.20
Orders
5(1)Subject to subsection 5.3(3), the Minister may, in the circumstances described in subsection (2), issue an order requiring the person to whom it is directed to do, in accordance with the directions set out in the order, one or more of the following:
(a) to control or reduce the rate of release of any contaminant into or upon the environment or any part of the environment;
(b) to eliminate the release of any contaminant into or upon the environment or any part of the environment
(i) permanently,
(ii) for a specified period, or
(iii) in the circumstances set out in the order;
(c) to alter the manner of release of any contaminant into or upon the environment or any part of the environment;
(d) to alter the procedures to be followed in the control, reduction or elimination of the release of any contaminant into or upon the environment or any part of the environment;
(e) to install, replace or alter any equipment or thing designed to control, reduce or eliminate the release of any contaminant into or upon the environment or any part of the environment;
(f) to install, replace or alter a wastewater treatment facility or waterworks in order to control, reduce, eliminate or remedy the release of a contaminant into or upon the environment or any part of the environment;
(g) to conduct any investigation, make any tests and prepare and submit to the Minister any reports required by the Minister; and
(h) if a contaminant has been released into or upon the environment or any part of the environment, to carry out clean-up, site rehabilitation, restoration of land, premises or personal property or other remedial action.
5(2)The Minister may issue an order in relation to a contaminant if the Minister is of the opinion that
(a) the contaminant has been, is being or may be released into the environment at a rate exceeding the maximum rate established by this Act or the regulations for the release of that contaminant,
(b) the contaminant has been, is being or may be released into the environment in a manner prohibited under this Act or the regulations,
(c) the release of the contaminant is prohibited under this Act or the regulations, or
(d) it is in the best interests of the public to make the order, in circumstances where the release of the contaminant has caused, is causing or may cause
(i) the natural, physical, chemical or biological quality or constitution of the environment to be affected,
(ii) the health of human, plant or animal life or the safety or comfort of a human to be adversely affected,
(iii) property or plant or animal life to be damaged or rendered unfit for use by persons, or
(iv) visibility, the normal conduct of transport or business or the normal enjoyment of life or use or enjoyment of property to be interfered with.
5(3)An order under subsection (1) may be directed to any one or any combination of the following:
(a) the owner of the contaminant;
(b) the person having control of the contaminant;
(c) the person who, in the opinion of the Minister, by the person’s act or omission caused the release, whether directly or indirectly and whether or not the act or omission constituted an offence under this Act or the regulations;
(d) a person who owns, leases, manages or has charge or control of land, premises or personal property that has been, is being or may reasonably be expected to be adversely affected by the release;
(e) the authority having jurisdiction over the land or premises where the release occurred, is occurring or may occur; or
(f) any person whose assistance is, in the opinion of the Minister, necessary in order to deal effectively with the release or ameliorate the situation.
5(4)Subject to subsection 5.3(3), if, in the opinion of the Minister, a person has violated or has failed to comply with a provision of this Act or the regulations, the Minister may issue an order directing the person to comply with the provision in accordance with the directions set out in the order or to carry out such other action as the Minister considers necessary, including any action that the Minister may order to be done under subsection (1).
5(5)Notwithstanding the terms and conditions of any approval which may have been issued with respect to a source, wastewater works or waterworks, the Minister may, in the circumstances described in subsection (6), issue an order requiring the person to whom it is directed to do, in accordance with the directions set out in the order, one or more of the following:
(a) to conduct an investigation and make any tests of the construction, modification or operation of the source, wastewater works or waterworks and prepare and submit to the Minister any reports required by the Minister; and
(b) to make any modifications to the source, wastewater works or waterworks or to its operation as the Minister considers necessary.
5(6)The Minister may issue an order under subsection (5) if the Minister is of the opinion that it is in the best interests of the public to make the order, in circumstances where the source, wastewater works or waterworks has caused, is causing or may cause
(a) the natural, physical, chemical or biological quality or constitution of the environment to be affected,
(b) the health of human, plant or animal life or the safety or comfort of a human to be adversely affected,
(c) property or plant or animal life to be damaged or rendered unfit for use by persons, or
(d) visibility, the normal conduct of transport or business or the normal enjoyment of life or use or enjoyment of property to be interfered with.
5(7)If the Minister is notified by the Minister of Health and Wellness that, in the interest of the public health in a municipality, it is necessary that a waterworks should be constructed or modified, or that its operation should be commenced or modified, the Minister may order the municipality to undertake such construction or modification or commence or modify such operation in accordance with any directions that the Minister may set out in the order.
5(8)An order requiring the installation, replacement or alteration of a wastewater treatment facility or a waterworks may include
(a) a requirement that the person to whom the order is directed provide to the Minister such drawings, specifications and other information in relation to the facility as the Minister requires, and
(b) a compliance schedule requiring the completion of specified stages of construction or specified components or actions by specified dates.
1973, c.21, s.2; 1975, c.12, s.2; 1983, c.17, s.3; 1987, c.11, s.2; 1989, c.52, s.2; 1993, c.13, s.2; 2002, c.25, s.3
Orders
5(1)Subject to subsection 5.3(3), the Minister may, in the circumstances described in subsection (2), issue an order requiring the person to whom it is directed to do, in accordance with the directions set out in the order, one or more of the following:
(a) to control or reduce the rate of release of any contaminant into or upon the environment or any part of the environment;
(b) to eliminate the release of any contaminant into or upon the environment or any part of the environment
(i) permanently,
(ii) for a specified period, or
(iii) in the circumstances set out in the order;
(c) to alter the manner of release of any contaminant into or upon the environment or any part of the environment;
(d) to alter the procedures to be followed in the control, reduction or elimination of the release of any contaminant into or upon the environment or any part of the environment;
(e) to install, replace or alter any equipment or thing designed to control, reduce or eliminate the release of any contaminant into or upon the environment or any part of the environment;
(f) to install, replace or alter a wastewater treatment facility or waterworks in order to control, reduce, eliminate or remedy the release of a contaminant into or upon the environment or any part of the environment;
(g) to conduct any investigation, make any tests and prepare and submit to the Minister any reports required by the Minister; and
(h) if a contaminant has been released into or upon the environment or any part of the environment, to carry out clean-up, site rehabilitation, restoration of land, premises or personal property or other remedial action.
5(2)The Minister may issue an order in relation to a contaminant if the Minister is of the opinion that
(a) the contaminant has been, is being or may be released into the environment at a rate exceeding the maximum rate established by this Act or the regulations for the release of that contaminant,
(b) the contaminant has been, is being or may be released into the environment in a manner prohibited under this Act or the regulations,
(c) the release of the contaminant is prohibited under this Act or the regulations, or
(d) it is in the best interests of the public to make the order, in circumstances where the release of the contaminant has caused, is causing or may cause
(i) the natural, physical, chemical or biological quality or constitution of the environment to be affected,
(ii) the health of human, plant or animal life or the safety or comfort of a human to be adversely affected,
(iii) property or plant or animal life to be damaged or rendered unfit for use by persons, or
(iv) visibility, the normal conduct of transport or business or the normal enjoyment of life or use or enjoyment of property to be interfered with.
5(3)An order under subsection (1) may be directed to any one or any combination of the following:
(a) the owner of the contaminant;
(b) the person having control of the contaminant;
(c) the person who, in the opinion of the Minister, by the person’s act or omission caused the release, whether directly or indirectly and whether or not the act or omission constituted an offence under this Act or the regulations;
(d) a person who owns, leases, manages or has charge or control of land, premises or personal property that has been, is being or may reasonably be expected to be adversely affected by the release;
(e) the authority having jurisdiction over the land or premises where the release occurred, is occurring or may occur; or
(f) any person whose assistance is, in the opinion of the Minister, necessary in order to deal effectively with the release or ameliorate the situation.
5(4)Subject to subsection 5.3(3), if, in the opinion of the Minister, a person has violated or has failed to comply with a provision of this Act or the regulations, the Minister may issue an order directing the person to comply with the provision in accordance with the directions set out in the order or to carry out such other action as the Minister considers necessary, including any action that the Minister may order to be done under subsection (1).
5(5)Notwithstanding the terms and conditions of any approval which may have been issued with respect to a source, wastewater works or waterworks, the Minister may, in the circumstances described in subsection (6), issue an order requiring the person to whom it is directed to do, in accordance with the directions set out in the order, one or more of the following:
(a) to conduct an investigation and make any tests of the construction, modification or operation of the source, wastewater works or waterworks and prepare and submit to the Minister any reports required by the Minister; and
(b) to make any modifications to the source, wastewater works or waterworks or to its operation as the Minister considers necessary.
5(6)The Minister may issue an order under subsection (5) if the Minister is of the opinion that it is in the best interests of the public to make the order, in circumstances where the source, wastewater works or waterworks has caused, is causing or may cause
(a) the natural, physical, chemical or biological quality or constitution of the environment to be affected,
(b) the health of human, plant or animal life or the safety or comfort of a human to be adversely affected,
(c) property or plant or animal life to be damaged or rendered unfit for use by persons, or
(d) visibility, the normal conduct of transport or business or the normal enjoyment of life or use or enjoyment of property to be interfered with.
5(7)If the Minister is notified by the Minister of Health and Wellness that, in the interest of the public health in a municipality, it is necessary that a waterworks should be constructed or modified, or that its operation should be commenced or modified, the Minister may order the municipality to undertake such construction or modification or commence or modify such operation in accordance with any directions that the Minister may set out in the order.
5(8)An order requiring the installation, replacement or alteration of a wastewater treatment facility or a waterworks may include
(a) a requirement that the person to whom the order is directed provide to the Minister such drawings, specifications and other information in relation to the facility as the Minister requires, and
(b) a compliance schedule requiring the completion of specified stages of construction or specified components or actions by specified dates.
1973, c.21, s.2; 1975, c.12, s.2; 1983, c.17, s.3; 1987, c.11, s.2; 1989, c.52, s.2; 1993, c.13, s.2; 2002, c.25, s.3
Ministerial Order
5(1)Subject to subsection 5.3(3), the Minister may issue a Ministerial Order requiring the person to whom it is directed to do, in accordance with the directions set out in the order, one or more of the following:
(a) to control or reduce the rate of release of any contaminant or waste into or upon the environment or any part of the environment;
(b) to eliminate the release of any contaminant or waste into or upon the environment or any part of the environment
(i) permanently,
(ii) for a specified period, or
(iii) in the circumstances set out in the order;
(c) to alter the manner of release of any contaminant or waste into or upon the environment or any part of the environment;
(d) to alter the procedures to be followed in the control, reduction or elimination of the release of any contaminant or waste into or upon the environment or any part of the environment;
(e) to install, replace or alter any equipment or thing designed to control, reduce or eliminate the release of any contaminant or waste into or upon the environment or any part of the environment;
(f) to install, replace or alter a wastewater treatment facility or waterworks in order to control, reduce, eliminate or remedy the release of a contaminant or waste into or upon the environment or any part of the environment; and
(g) if a contaminant or waste has been released into or upon the environment or any part of the environment, to carry out clean-up, site rehabilitation or other remedial action.
5(2)A Ministerial Order requiring the installation, replacement or alteration of a wastewater treatment facility or a waterworks may include
(a) a requirement that the person to whom the order is directed provide to the Minister such drawings, specifications and other information in relation to the facility as the Minister requires, and
(b) a compliance schedule requiring the completion of specified stages of construction or specified components or actions by specified dates.
5(3)A single Ministerial Order may deal with several contaminants or wastes or a combination of contaminants or wastes and may be directed to one or more persons.
5(4)A Ministerial Order shall be in writing and shall include reasons for the order.
5(5)When a Ministerial Order is served upon a person to whom it is directed, that person shall comply with the order.
5(6)A Ministerial Order remains in effect until rescinded by the Minister.
5(7)A person to whom a Ministerial Order is directed may appeal in the manner prescribed by regulation, but the initiation of an appeal does not abrogate the requirement to comply with the Ministerial Order.
5(8)A Ministerial Order is binding upon the heirs, successors, executors, administrators and assigns of the person to whom it is directed.
1973, c.21, s.2; 1975, c.12, s.2; 1983, c.17, s.3; 1987, c.11, s.2; 1989, c.52, s.2; 1993, c.13, s.2