Acts and Regulations

2018, c.11 - Climate Change Act

Section 7.8
Disposition versions

Full text
Ministerial orders
2020, c.3, s.7
7.8(1)If the Minister believes on reasonable grounds that an owner or operator of an industrial facility has violated or failed to comply with this Act or the regulations, the Minister may, whether or not the owner or operator has been charged or convicted in respect of the violation or failure to comply, issue an order requiring the owner or operator, at that owner or operator’s own expense, to do one or more of the following:
(a) stop or shut down an activity or an undertaking involved in the alleged violation or failure to comply;
(b) take any measures that the Minister considers necessary to prevent further violations or failures to comply;
(c) install, remove, replace or alter equipment, a tank or a container used to control, contain, reduce or eliminate the release of greenhouse gas into the atmosphere;
(d) maintain records on any relevant matter and report periodically to the Minister;
(e) engage an expert to prepare a report for submission to the Minister;
(f) submit to the Minister a proposal or plan for action or other information required by the Minister;
(g) undertake tests or investigations or other similar action and report the results of these to the Minister;
(h) take any other measure that the Minister considers necessary to facilitate compliance with the order.
7.8(2)In a Ministerial order, the Minister may also establish the time within which and the manner in which any measure required by the order is to be taken.
7.8(3)A Ministerial order shall be in writing and shall be accompanied by written reasons for the order, and the order and reasons shall be served on the owner or operator of the industrial facility to which the order applies.
7.8(4)An owner or operator to whom an order is directed shall comply with the order in accordance with its terms.
7.8(5)No owner or operator of an industrial facility is entitled to financial compensation from the Crown in right of the Province for any financial losses resulting from the making of an order under this section.
2020, c.3, s.7