Authority or permission under Act of Legislature, exemptions
5.3(1)No person shall release any contaminant or any class of contaminant into or upon the environment or any part of the environment if to do so would or could
(a)
affect the natural, physical, chemical or biological quality or constitution of the environment,
(b)
endanger the health, safety or comfort of a person or the health of animal life,
(c)
cause damage to property or plant life, or
(d)
interfere with visibility, the normal conduct of transport or business or the normal enjoyment of life or property,
unless that person is acting under and in compliance with authority or permission given under an Act of the Legislature.
5.3(2)Subject to subsection (3), an order may be issued and any other action may be taken by the Minister under this Act or the regulations respecting the release of a contaminant notwithstanding that the release is or may be caused or permitted by a person acting under authority or permission given under an Act of the Legislature and notwithstanding that such person is or may be acting in compliance with such authority or permission.
5.3(3)The Minister shall not make any order or take action respecting the release of a contaminant under subsection 5(1), 5(4) or 5.01(1) or section 5.1 if
(a)
the Minister has made an order under section 22 of the
Pesticides Control Act,
(b)
an inspector appointed under the
Pesticides Control Act has made an order under subsection 25(1) of that Act, or
(c)
the Director of Pesticides Control has taken steps under subsection 30(2) of the
Pesticides Control Act,
respecting the contaminant.
1989, c.52, s.6; 1993, c.13, s.5; 2002, c.25, s.9; 2011, c.20, s.2