Acts and Regulations

C-6 - Clean Environment Act

Section 5.01
Disposition versions

Full text
Action by Minister
5.01(1)Subject to subsection 5.3(3), where a contaminant has been, is being or may be released into the environment in the circumstances described in subsection (3), the Minister may enter upon any area, land, place or premises, together with such persons, materials and equipment as the Minister considers necessary and using the force the Minister considers necessary, and may take such further action the Minister considers necessary in order to prevent, control, reduce or eliminate the release of the contaminant and ameliorate the situation.
5.01(2)The owner or person in charge, and any employees or agents of the owner or person in charge, of the area, land, place or premises entered under subsection (1) shall immediately permit the persons, materials and equipment to have all access reasonably necessary in order to deal fully and effectively with the situation.
5.01(3)The Minister may take action under subsection (1), whether or not an order has previously been issued in relation to the release, if the Minister is of the opinion that
(a) it is in the best interests of the public to take the action, 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 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,
(b) the owner or the person having control of the contaminant
(i) cannot readily be identified,
(ii) has not dealt or, if so ordered, would not deal effectively with the release so as to prevent, control, reduce or eliminate the release or ameliorate the situation, or
(iii) has requested the assistance of the Minister, and
(c) the release cannot be dealt with effectively by means of an order or a further order under this Act or the regulations.
5.01(4)Actions taken by the Minister under subsection (1) may include those set out in subsection 5(1).
1989, c.52, s.3; 1993, c.13, s.3; 2002, c.25, s.5
Action by Minister
5.01(1)Subject to subsection 5.3(3), where a contaminant has been, is being or may be released into the environment in the circumstances described in subsection (3), the Minister may enter upon any area, land, place or premises, together with such persons, materials and equipment as the Minister considers necessary and using the force the Minister considers necessary, and may take such further action the Minister considers necessary in order to prevent, control, reduce or eliminate the release of the contaminant and ameliorate the situation.
5.01(2)The owner or person in charge, and any employees or agents of the owner or person in charge, of the area, land, place or premises entered under subsection (1) shall immediately permit the persons, materials and equipment to have all access reasonably necessary in order to deal fully and effectively with the situation.
5.01(3)The Minister may take action under subsection (1), whether or not an order has previously been issued in relation to the release, if the Minister is of the opinion that
(a) it is in the best interests of the public to take the action, 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 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,
(b) the owner or the person having control of the contaminant
(i) cannot readily be identified,
(ii) has not dealt or, if so ordered, would not deal effectively with the release so as to prevent, control, reduce or eliminate the release or ameliorate the situation, or
(iii) has requested the assistance of the Minister, and
(c) the release cannot be dealt with effectively by means of an order or a further order under this Act or the regulations.
5.01(4)Actions taken by the Minister under subsection (1) may include those set out in subsection 5(1).
1989, c.52, s.3; 1993, c.13, s.3; 2002, c.25, s.5
Action by Minister
5.01(1)Subject to subsections (2) and 5.3(3), if the Minister, on reasonable and probable grounds, is of the opinion that a contaminant or waste is being released into or upon the environment or any part of the environment, the Minister, together with such persons, materials and equipment as the Minister considers necessary, may enter upon any land or premises, using the force the Minister considers necessary, and may take such further action the Minister considers necessary in order to control, reduce or eliminate the release of the contaminant or waste and remedy the situation.
5.01(2)The Minister shall act under subsection (1) only if the Minister is unable to determine the origin of the contaminant or waste or is of the opinion that the issuance of a Ministerial Order or another order would not immediately bring about the control, reduction or elimination of the release of the contaminant or waste or would not remedy the situation.
5.01(3)Action by the Minister under subsection (1) may include
(a) controlling or reducing the rate of release of the contaminant or waste,
(b) eliminating the release of the contaminant or waste,
(c) altering the manner of release of the contaminant or waste,
(d) altering any procedures followed in the control, reduction or elimination of the release of the contaminant or waste,
(e) installing, replacing or altering any equipment or thing designed to control, reduce or eliminate the release of the contaminant or waste,
(f) installing, replacing or altering a wastewater treatment system or a waterworks in order to control, reduce, eliminate or remedy the release of the contaminant or waste, and
(g) carrying out clean-up, site rehabilitation or other remedial action.
5.01(4)Action taken by the Minister under subsection (1) shall not
(a) affect the validity or force of any Ministerial Order or other order issued under this Act before, during or after the taking of the action, or
(b) subject to subsection (5), be deemed by any person or court to bear upon or affect the liability of any person for any cost, expense, loss, damages or charge resulting from or related to the release of the contaminant or waste.
5.01(5)The Minister shall be liable for any unnecessary damage caused by any action taken by the Minister or by any person acting on behalf of the Minister under subsection (1).
1989, c.52, s.3; 1993, c.13, s.3