5.2(1)Upon written demand being made by the Minister, any costs incurred by the Minister while acting under section 5.01 or 5.1, including the cost of providing water and the cost of all persons, materials and equipment employed and the cost of ameliorating any adverse effect of the release of a contaminant, or restoring any land, premises or personal property under subsection 5.21(2) or of repairing any damage done when taking the action, shall be the liability of and paid by all persons

5.2(2)If more than one person is liable to the Minister for costs under subsection (1), the Minister may recover all or any portion of the costs from any one or any combination of those persons, notwithstanding that any court may have determined the distribution of liability for the costs or that those persons may have made an agreement establishing a distribution of the costs.

5.2(2.1)Without restricting the generality of the costs that may be awarded in any application, action or other proceeding for the recovery of costs arising from the release or threat of release of a contaminant into the environment, no defence shall lie and the quantum of costs awarded shall not be limited in any way, by reason only that the costs were incurred by a person to whom an order was directed under this Act or the regulations respecting the release, in relation to performing work or taking action under the order, including the costs of

5.2(2.2)The determination by settlement, by any court or by any other means of any responsibility or liability in relation to the release of a contaminant shall in no way abrogate from the responsibility of any person to perform work or to carry out action in accordance with an order, to restore land, premises or personal property under subsection 5.21(1) or to pay the Minister as required under subsection (1) or (2).

5.2(3)Repealed: 2002, c.25, s.7

5.2(4)If

5.2(5)No person shall make a claim for or seek to recover any costs incurred in relation to the release of a contaminant if the Minister has incurred unrecovered costs described in paragraph (4)(a) in relation to that release, unless that person first delivers to the Minister written notice of the action to be taken.

5.2(6)Within sixty days after receipt of a notice under subsection (5), the Minister may deliver written directions to the person who delivered the notice, requiring the person to amend pleadings where applicable and to take such further steps as are set out in the directions to claim and seek to recover any costs incurred by the Minister that remains unrecovered.

5.2(6.1)If the Minister has incurred costs described in paragraph (4)(a) and the Minister has made a written demand under subsection 5.2(1) where applicable, the Minister may issue a certificate setting out the amount of the unrecovered costs and the certificate shall be delivered to all persons named in the certificate.

5.2(6.2)Fifteen days after the day upon which a certificate issued under subsection (6.1) has been delivered, the Minister may file the certificate in The Court of King’s Bench of New Brunswick, and the certificate shall be entered and recorded in the Court, and when it is entered and recorded, the certificate becomes a judgment of the Court and may be enforced as a judgment obtained in the Court against the person named in the certificate for the amount set out in the certificate.

5.2(6.3)A person named in a certificate issued under subsection (6.1) may appeal both his or her liability for the unrecovered costs and the amount of the unrecovered costs set out in the certificate in the manner prescribed by regulation, and if an appeal is instituted under this subsection, the Minister may not file the certificate in accordance with subsection (6.2) until after the appeal has been determined in accordance with the regulations.

5.2(7)If another person has commenced an action that includes a claim on behalf of the Crown in right of the Province, the Minister may take the steps necessary to assume carriage of the action in order to recover the costs referred to in subsection (4).

5.2(8)If the Minister has incurred costs described in paragraph (4)(a) in relation to the release of a contaminant and a person to whom an order is directed is the insured under an insurance policy that provides for coverage for any loss or damage resulting from such a release, the insurer shall pay to the Minister any costs incurred by the Minister while acting under section 5.01 or subsection 5.21(2).

5.2(9)The Minister may enter into an agreement to share the proceeds of an insurance policy to which the Minister is entitled under subsection (8) on a pro rata basis or such other basis as the Minister considers appropriate with other persons who have incurred any costs in the circumstances described in subsection (8) and the insurer shall pay the proceeds in accordance with the agreement.

5.2(10)If an insurer has made a payment under subsection (8) or (9), the payment shall be deemed to be a payment with respect to loss or damage resulting from the event for which coverage was in effect.

5.2(11)Nothing in this section shall be deemed to require an insurer to pay the Minister or any other person a sum or sums totalling in excess of the coverage limits of an insurance policy.

5.2(12)In any claim or action under this section, a certificate purporting to be signed by the Minister setting out the amount of the costs described in paragraph (4)(a) is, without proof of the appointment, authority or signature of the person purporting to have signed the certificate, admissible in evidence and is, in the absence of evidence to the contrary, proof

5.2(13)The provisions of this section apply, with the necessary modifications, to any costs incurred by the Minister while

5.2(1)Upon written demand being made by the Minister, any costs incurred by the Minister while acting under section 5.01 or 5.1, including the cost of providing water and the cost of all persons, materials and equipment employed and the cost of ameliorating any adverse effect of the release of a contaminant, or restoring any land, premises or personal property under subsection 5.21(2) or of repairing any damage done when taking the action, shall be the liability of and paid by all persons

5.2(2)If more than one person is liable to the Minister for costs under subsection (1), the Minister may recover all or any portion of the costs from any one or any combination of those persons, notwithstanding that any court may have determined the distribution of liability for the costs or that those persons may have made an agreement establishing a distribution of the costs.

5.2(2.1)Without restricting the generality of the costs that may be awarded in any application, action or other proceeding for the recovery of costs arising from the release or threat of release of a contaminant into the environment, no defence shall lie and the quantum of costs awarded shall not be limited in any way, by reason only that the costs were incurred by a person to whom an order was directed under this Act or the regulations respecting the release, in relation to performing work or taking action under the order, including the costs of

5.2(2.2)The determination by settlement, by any court or by any other means of any responsibility or liability in relation to the release of a contaminant shall in no way abrogate from the responsibility of any person to perform work or to carry out action in accordance with an order, to restore land, premises or personal property under subsection 5.21(1) or to pay the Minister as required under subsection (1) or (2).

5.2(3)Repealed: 2002, c.25, s.7

5.2(4)If

5.2(5)No person shall make a claim for or seek to recover any costs incurred in relation to the release of a contaminant if the Minister has incurred unrecovered costs described in paragraph (4)(a) in relation to that release, unless that person first delivers to the Minister written notice of the action to be taken.

5.2(6)Within sixty days after receipt of a notice under subsection (5), the Minister may deliver written directions to the person who delivered the notice, requiring the person to amend pleadings where applicable and to take such further steps as are set out in the directions to claim and seek to recover any costs incurred by the Minister that remains unrecovered.

5.2(6.1)If the Minister has incurred costs described in paragraph (4)(a) and the Minister has made a written demand under subsection 5.2(1) where applicable, the Minister may issue a certificate setting out the amount of the unrecovered costs and the certificate shall be delivered to all persons named in the certificate.

5.2(6.2)Fifteen days after the day upon which a certificate issued under subsection (6.1) has been delivered, the Minister may file the certificate in The Court of Queen’s Bench of New Brunswick, and the certificate shall be entered and recorded in the Court, and when it is entered and recorded, the certificate becomes a judgment of the Court and may be enforced as a judgment obtained in the Court against the person named in the certificate for the amount set out in the certificate.

5.2(6.3)A person named in a certificate issued under subsection (6.1) may appeal both his or her liability for the unrecovered costs and the amount of the unrecovered costs set out in the certificate in the manner prescribed by regulation, and if an appeal is instituted under this subsection, the Minister may not file the certificate in accordance with subsection (6.2) until after the appeal has been determined in accordance with the regulations.

5.2(7)If another person has commenced an action that includes a claim on behalf of Her Majesty in right of the Province, the Minister may take the steps necessary to assume carriage of the action in order to recover the costs referred to in subsection (4).

5.2(8)If the Minister has incurred costs described in paragraph (4)(a) in relation to the release of a contaminant and a person to whom an order is directed is the insured under an insurance policy that provides for coverage for any loss or damage resulting from such a release, the insurer shall pay to the Minister any costs incurred by the Minister while acting under section 5.01 or subsection 5.21(2).

5.2(9)The Minister may enter into an agreement to share the proceeds of an insurance policy to which the Minister is entitled under subsection (8) on a pro rata basis or such other basis as the Minister considers appropriate with other persons who have incurred any costs in the circumstances described in subsection (8) and the insurer shall pay the proceeds in accordance with the agreement.

5.2(10)If an insurer has made a payment under subsection (8) or (9), the payment shall be deemed to be a payment with respect to loss or damage resulting from the event for which coverage was in effect.

5.2(11)Nothing in this section shall be deemed to require an insurer to pay the Minister or any other person a sum or sums totalling in excess of the coverage limits of an insurance policy.

5.2(12)In any claim or action under this section, a certificate purporting to be signed by the Minister setting out the amount of the costs described in paragraph (4)(a) is, without proof of the appointment, authority or signature of the person purporting to have signed the certificate, admissible in evidence and is, in the absence of evidence to the contrary, proof

5.2(13)The provisions of this section apply, with the necessary modifications, to any costs incurred by the Minister while

5.2(1)Upon written demand being made by the Minister, any costs incurred by the Minister while acting under section 5.01 or 5.1, including the cost of providing water and the cost of all persons, materials and equipment employed and the cost of ameliorating any adverse effect of the release of a contaminant, or restoring any land, premises or personal property under subsection 5.21(2) or of repairing any damage done when taking the action, shall be the liability of and paid by all persons

5.2(2)If more than one person is liable to the Minister for costs under subsection (1), the Minister may recover all or any portion of the costs from any one or any combination of those persons, notwithstanding that any court may have determined the distribution of liability for the costs or that those persons may have made an agreement establishing a distribution of the costs.

5.2(2.1)Without restricting the generality of the costs that may be awarded in any application, action or other proceeding for the recovery of costs arising from the release or threat of release of a contaminant into the environment, no defence shall lie and the quantum of costs awarded shall not be limited in any way, by reason only that the costs were incurred by a person to whom an order was directed under this Act or the regulations respecting the release, in relation to performing work or taking action under the order, including the costs of

5.2(2.2)The determination by settlement, by any court or by any other means of any responsibility or liability in relation to the release of a contaminant shall in no way abrogate from the responsibility of any person to perform work or to carry out action in accordance with an order, to restore land, premises or personal property under subsection 5.21(1) or to pay the Minister as required under subsection (1) or (2).

5.2(3)Repealed: 2002, c.25, s.7.

5.2(4)If

5.2(5)No person shall make a claim for or seek to recover any costs incurred in relation to the release of a contaminant if the Minister has incurred unrecovered costs described in paragraph (4)(a) in relation to that release, unless that person first delivers to the Minister written notice of the action to be taken.

5.2(6)Within sixty days after receipt of a notice under subsection (5), the Minister may deliver written directions to the person who delivered the notice, requiring the person to amend pleadings where applicable and to take such further steps as are set out in the directions to claim and seek to recover any costs incurred by the Minister that remains unrecovered.

5.2(6.1)If the Minister has incurred costs described in paragraph (4)(a) and the Minister has made a written demand under subsection 5.2(1) where applicable, the Minister may issue a certificate setting out the amount of the unrecovered costs and the certificate shall be delivered to all persons named in the certificate.

5.2(6.2)Fifteen days after the day upon which a certificate issued under subsection (6.1) has been delivered, the Minister may file the certificate in The Court of Queen’s Bench of New Brunswick, and the certificate shall be entered and recorded in the Court, and when it is entered and recorded, the certificate becomes a judgment of the Court and may be enforced as a judgment obtained in the Court against the person named in the certificate for the amount set out in the certificate.

5.2(6.3)A person named in a certificate issued under subsection (6.1) may appeal both his or her liability for the unrecovered costs and the amount of the unrecovered costs set out in the certificate in the manner prescribed by regulation, and if an appeal is instituted under this subsection, the Minister may not file the certificate in accordance with subsection (6.2) until after the appeal has been determined in accordance with the regulations.

5.2(7)If another person has commenced an action that includes a claim on behalf of Her Majesty in right of the Province, the Minister may take the steps necessary to assume carriage of the action in order to recover the costs referred to in subsection (4).

5.2(8)If the Minister has incurred costs described in paragraph (4)(a) in relation to the release of a contaminant and a person to whom an order is directed is the insured under an insurance policy that provides for coverage for any loss or damage resulting from such a release, the insurer shall pay to the Minister any costs incurred by the Minister while acting under section 5.01 or subsection 5.21(2).

5.2(9)The Minister may enter into an agreement to share the proceeds of an insurance policy to which the Minister is entitled under subsection (8) on a pro rata basis or such other basis as the Minister considers appropriate with other persons who have incurred any costs in the circumstances described in subsection (8) and the insurer shall pay the proceeds in accordance with the agreement.

5.2(10)If an insurer has made a payment under subsection (8) or (9), the payment shall be deemed to be a payment with respect to loss or damage resulting from the event for which coverage was in effect.

5.2(11)Nothing in this section shall be deemed to require an insurer to pay the Minister or any other person a sum or sums totalling in excess of the coverage limits of an insurance policy.

5.2(12)In any claim or action under this section, a certificate purporting to be signed by the Minister setting out the amount of the costs described in paragraph (4)(a) is, without proof of the appointment, authority or signature of the person purporting to have signed the certificate, admissible in evidence and is, in the absence of evidence to the contrary, proof

5.2(13)The provisions of this section apply, with the necessary modifications, to any costs incurred by the Minister while

5.2(1)Upon written demand being made by the Minister, any cost, expense, loss, damages or charge incurred by the Minister while acting under section 5.1, including, without restricting the generality of the foregoing, the cost of providing water and the cost of all persons, materials and equipment employed and of repairing any damage done, shall be the liability of and paid by any person who failed or refused to comply with a Ministerial Order or an order made under subsection 5.1(1).

5.2(2)If two or more persons have failed or refused to comply with a Ministerial Order or an order made under subsection 5.1(1), those persons are jointly and severally liable under subsection (1).

5.2(3)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 section 5.1.

5.2(4)If

5.2(5)No person shall make a claim for or seek to recover any cost, expense, loss, damages or charge incurred with respect to the occurrence of an event described in paragraphs (4)(a) and (b) unless that person first delivers to the Minister written notice of the action to be taken.

5.2(6)Within sixty days after receipt of a notice under subsection (5), the Minister may deliver written directions to the person who delivered the notice, requiring the person to amend pleadings where applicable and to take such further steps as are set out in the directions to claim and seek to recover any cost, expense, loss, damages or charge incurred by the Minister that remains unrecovered.

5.2(7)If another person has commenced an action that includes a claim on behalf of Her Majesty in right of the Province, the Minister may take the steps necessary to assume carriage of the action in order to recover the cost, expense, loss, damages or charge referred to in subsection (4).

5.2(8)If an event described in paragraphs 4(a) and (b) occurs and a person to whom a Ministerial Order or an order under subsection 5.1(1) is directed is the insured under an insurance policy that provides for coverage for any loss or damage resulting from such event, the insurer shall pay to the Minister any cost, expense, loss, damages or charge incurred by the Minister while acting under subsection 5.1(2).

5.2(9)The Minister may enter into an agreement to share the proceeds of an insurance policy to which the Minister is entitled under subsection (8) on a pro rata basis or such other basis as the Minister considers appropriate with other persons who have incurred any cost, expense, loss, damages or charge in the circumstances described in subsection (8) and the insurer shall pay the proceeds in accordance with the agreement.

5.2(10)If an insurer has made a payment under subsection (8) or (9), the payment shall be deemed to be a payment with respect to loss or damage resulting from the event for which coverage was in effect.

5.2(11)Nothing in this section shall be deemed to require an insurer to pay the Minister or any other person a sum or sums totalling in excess of the coverage limits of an insurance policy.

5.2(12)In any claim or action under this section, a certificate purporting to be signed by the Minister setting out the amount of the cost, expense, loss, damages or charge referred to in paragraph (4)(b) is, without proof of the appointment, authority or signature of the person purporting to have signed the certificate, admissible in evidence and is, in the absence of evidence to the contrary, proof

5.2(13)The provisions of this section apply, with the necessary modifications, to any cost, expense, loss, damages or charge incurred by the Minister with respect to the occurrence of an event described in paragraph (4)(a) while acting under a regulation under this Act.