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1st Session, 40th Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.   It is not the official version.   If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications or view the online bilingual version (PDF).

Bill 29

THE CONTAMINATED SITES REMEDIATION AMENDMENT ACT


Explanatory Note Bilingual version (PDF)

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. C205 amended

1           The Contaminated Sites Remediation Act is amended by this Act.

2(1)        Subsection 1(1) is amended

(a) in the part before clause (a) and in clause (a), by adding "and impacted sites" after "contaminated sites"; and

(b) in clause (b), by striking out ", if any, to be undertaken in relation to specific contaminated sites" and substituting "to be undertaken in respect of contaminated sites and impacted sites".

2(2)        Clause 1(2)(d) is amended by adding "and impacted sites" after "contaminated sites".

3           Section 2 is amended

(a) in the definition "remediation", by striking out ", in relation to a contaminated site, means the management of the site" and substituting "means the management of a contaminated site or an impacted site";

(b) in the definition "remediation order", by striking out "subsection 17(1) or (3)" and substituting "section 14.3 or 17";

(c) in the definition "responsibility for remediation", by adding "or an impacted site" after "contaminated site";

(d) by replacing the definition "contaminated site" with the following:

"contaminated site" means a site that has been designated as a contaminated site under subsection 7(1); (« lieu contaminé »)

(e) by adding the following definitions:

"impacted site" means a site that has been designated as an impacted site under subsection 7.1(1); (« lieu touché »)

"remediation plan" means a plan that has been filed with the director under section 14.1 or 15; (« plan d'assainissement »)

4           Subsection 3(1) is amended in the part before clause (a) by striking out "contaminated site" and substituting "site that has been contaminated".

5           The heading for Part 2 is replaced with "SITE INVESTIGATION AND DESIGNATION".

6           The following is added after the heading for Part 2 and before section 4:

Duty to notify director about contamination

3.1         The owner or occupier of a site must

(a) notify the director in writing when he or she becomes aware of information that indicates that the site has been contaminated at a level that exceeds a standard established or adopted by regulation; and

(b) provide the director with all reports and any other documentation in his or her possession respecting the contamination at the site.

7(1)        Subsection 7(1) is amended in the part before clause (a) by striking out ", having regard to any current, permitted or foreseeable use of a site, that the site is contaminated at a level which poses or may pose" and substituting "that a site is contaminated at a level which poses".

7(2)        Subsection 7(2) of the English version is amended in the part before clause (a) by striking out "or may pose".

8           The following is added after section 7:

Designation of impacted site

7.1(1)      If the director determines that a site is contaminated at a level that may pose a threat to human health or safety or to the environment, he or she may, by written order, designate the site as an impacted site.

Notice of designation in registry

7.1(2)      As soon as practicable after making an impacted site designation, the director must file a notice of the designation in the registry along with any other information about the site that is required by regulation to be filed in the registry.

Notice to owner

7.1(3)      The director must send the owner of the impacted site

(a) a notice of the designation; and

(b) a statement informing the owner that he or she may apply to have the director determine responsibility for remediation of the site by filing an application with the director by a deadline set out in the statement.

Revocation of designation

7.2(1)      If, in the director's opinion, specific land that has been designated as an impacted site is no longer contaminated at a level that may pose a threat to human health or safety or to the environment, the director must revoke the designation by written order.

Notice of revocation

7.2(2)      As soon as practicable after revoking an impacted site designation, the director must

(a) send a notice of the revocation to the owner of the site; and

(b) file a notice of the revocation in the registry.

Application for determination of responsibility

7.3(1)      The owner of an impacted site may file an application with the director to have the director determine and apportion responsibility for the remediation of the site if the owner believes that

(a) he or she is not responsible for the remediation of the site; or

(b) one or more other persons should also be responsible for the remediation of the site.

Application requirements

7.3(2)      An application under subsection (1) must

(a) be made in writing;

(b) be filed with the director no later than 90 days after the site was designated as an impacted site, or such longer time as the director may authorize by written notice; and

(c) contain any information about the persons the owner believes should be responsible for the remediation of the site.

Responsibility for remediation of impacted site

7.3(3)      When an application seeking a determination of responsibility for the remediation of an impacted site is filed with the director in accordance with subsection (2),

(a) the owner of the impacted site is no longer required to prepare and file a remediation plan for the site under section 14.1;

(b) responsibility for the remediation of the impacted site is to be determined in accordance with Part 3;

(c) Parts 3 and 5 apply, with necessary changes, to the impacted site as if it were a contaminated site;

(d) the director may issue an order under section 15 requiring the preparation of a remediation plan for the impacted site;

(e) the director is not required to conduct any consultations or hearings regarding the remediation plan under section 16, but the director may consult with any persons that he or she considers appropriate in the circumstances; and

(f) the director may issue a remediation order for the impacted site under section 17.

Appeals re impacted sites subject to determination of responsibility of remediation

7.4(1)      This section applies to all appeals involving a decision or order respecting an impacted site that is the subject of an application under section 7.3.

Procedures re appeals under Part 3

7.4(2)      A person directly affected by a decision or order of the director made under Part 3 may appeal the decision or order to the minister. The procedures set out in sections 39 to 44 apply, with necessary changes, to the appeal, as if the minister were hearing the appeal under those provisions instead of the commission.

Procedures re appeals of remediation order

7.4(3)      Section 45 applies to an appeal of a remediation order.

Procedures re appeal of costs of remediation

7.4(4)      Section 46 applies to an appeal of a determination under subsection 17(6).

No other appeal or review

7.4(5)      A decision or order of the minister in relation to an appeal respecting an impacted site that is the subject of an application under section 7.3 is final and binding and not subject to appeal or review.

9           Section 8 is amended

(a) by striking out "a contaminated site requires remediation and that"; and

(b) by adding "at a contaminated site" after "extent of the contamination".

10          The heading for Part 3 is amended by adding "OF CONTAMINATED SITES" at the end.

11          The following is added after subsection 11(3):

Referral to commission

11(4)       The director may refer a request under subsection (1) to the commission for its advice and recommendations.

12          The centred heading before section 15 is replaced with "REMEDIATION OF IMPACTED SITES".

13          The following is added after the centred heading that precedes section 15 and before section 15:

Duty to file remediation plan for impacted site

14.1(1)     The owner of an impacted site must prepare and file with the director a plan for the remediation of the site within 90 days after the site was designated as an impacted site, or such longer time as the director may authorize by written notice.

Remediation plan requirements

14.1(2)     The remediation plan must be in a form acceptable to the director and contain such information as may be specified by the director or required by regulation.

Consultation on remediation plan

14.2        After receiving a remediation plan for an impacted site, the director may consult with the owner of the impacted site and any other persons that the director considers appropriate respecting the necessary remediation measures for the site.

Remediation order for impacted site

14.3(1)     After taking into account the factors set out in section 18 and the results of any consultations conducted under section 14.2, the director may issue a remediation order to the owner of an impacted site.

Remediation order if no plan filed

14.3(2)     If the owner of an impacted site fails to file a remediation plan as required under section 14.1, the director may issue a remediation order for the site after consulting with any persons that the director considers appropriate respecting the necessary remediation measures for the site.

Contents of remediation order

14.3(3)     A remediation order for an impacted site

(a) may include one or more of the requirements, restrictions or prohibitions set out in clauses 17(2)(a), (b) and (d); and

(b) may include or incorporate by reference all or part of the remediation plan for the site filed with the director.

Further or amended orders

14.3(4)     The director may, at any time after issuing a remediation order under subsection (1), amend the order or issue a further order if new information has been received and, in the director's opinion,

(a) further investigation, monitoring, testing or remediation of the site is required; or

(b) a change in any action or the time or manner in which any action required under the original order is warranted.

Notice of remediation order

14.3(5)     The director must

(a) provide a copy of a remediation order issued for an impacted site and any amendment to the order to the owner of the site; and

(b) file a copy of the order and any amendment to the order in the registry.

Director may undertake emergency remediation

14.4        Where, in the director's opinion, there is a situation at an impacted site that requires prompt action to prevent or limit the loss of life or damage or injury to human health or the environment, the director may, before issuing a remediation order and without assuming responsibility for all or any part of the remediation of the site, carry out or cause to be carried out any remediation of the site that he or she considers appropriate.

14          The centred heading "REMEDIATION OF CONTAMINATED SITES" is added immediately before section 15.

15          The centred heading before section 17 is struck out.

16          The following is added after section 17:

GENERAL PROVISIONS RESPECTING REMEDIATION

No remediation unless authorized

17.1(1)     No person shall carry out any remediation of a contaminated site or an impacted site unless

(a) a remediation order has been issued for the site; or

(b) the director has issued a written authorization approving the performance of the remediation in question.

Remediation requirements

17.1(2)     A person carrying out the remediation of a contaminated site or an impacted site shall perform it in accordance with

(a) the remediation order issued for the site; or

(b) the written authorization of the director approving the performance of the remediation.

17          The following is added after section 18:

Access order

18.1        If the owner or occupier of a contaminated site or an impacted site that is required or permitted under this Act to be remediated by another person does not provide the other person with the access to his or her land or premises necessary to carry out the remediation, the director may order the owner or occupier

(a) to give the person all access required to carry out the remediation; or

(b) to carry out the remediation in question, at his or her expense.

18          Section 20 is amended by striking out everything after "contaminated site" and substituting "or an impacted site carried out in accordance with this Act".

19(1)       Subsection 28(1) is amended in the part before clause (a) by adding "or of the owner of an impacted site" after "contaminated site".

19(2)       Subsection 28(2) is amended by adding "or an impacted site" after "contaminated site".

20          Subsections 29(1) and 30(1) are amended by adding "or an impacted site" after "contaminated site".

21          The following is added after subsection 33(1):

Costs of emergency remediation a debt to government

33(1.1)     The costs incurred by the government in carrying out emergency remediation under section 14.4 or subsection  17(5), or causing such work to be carried out, are a debt due to the government by the person or persons responsible under this Act for remediation of the site in question.

22          Subsection 35(4) is amended in the part before clause (a) by adding "or an impacted site" after "contaminated site".

23(1)       Clause 36(1)(d) is amended by adding "or impacted site" after "contaminated site".

23(2)       Subsection 36(4) is amended

(a) in the section heading of the English version, by striking out "on contaminated site";

(b) in the French version, by striking out "débiteur touchés" and substituting "débiteur visés";

(c) by adding "or impacted site" after "contaminated site"; and

(d) by striking out "The Payment of Wages Act" and substituting "The Employment Standards Code".

24          Section 38 is amended in the part before clause (a) by adding "or an impacted site" after "contaminated site".

25          Subsection 55(1) is replaced with the following:

Registry

55(1)       The director must

(a) establish and maintain a registry of contaminated sites and impacted sites; and

(b) ensure that all information and documentation required under this Act or the regulations to be filed in the registry is filed on a timely basis.

26(1)       Subsection 60(1) is amended

(a) by adding the following after clause (b):

(b.1) establishing or adopting standards for the purpose of clause 3.1(a);

(b.2) respecting notifications to the director under section 3.1;

(b) by adding the following after clause (g):

(g.1) respecting information about a contaminated site or an impacted site that must be filed in the registry;

26(2)       The following is added after subsection 60(2):

Standards adopted by regulation

60(2.1)     A regulation under this section may

(a) adopt or incorporate by reference a standard, code or regulation enacted or established by a government authority or recognized organization, in whole or in part and with such variations as may be specified in the regulation; and

(b) provide that the standard, code or regulation is adopted as amended from time to time.

Transitional

27(1)       Subject to subsection (2), a person is not required to comply with section 3.1, as enacted by section 6 of this Act, if the director had been made aware of the contamination at the site in question before the coming into force of this Act.

27(2)       The owner or occupier of a site must provide the director with a report or other documentation in his or her possession that was produced after the coming into force of this Act that indicates that the site has been contaminated at a level that exceeds a standard established or adopted by regulation.

Coming to force

28          This Act comes into force on a day to be fixed by proclamation.

Explanatory Note

This Bill amends The Contaminated Sites Remediation Act.

Under the current Act, a site is to be designated as a contaminated site if it is contaminated at a level that poses, or may pose, a threat to human health or safety or to the environment.

The Bill enables the director to designate a site

  • as a contaminated site — if the site is contaminated at a level that poses a threat to human health or safety or to the environment; or
  • as an impacted site — if the site is contaminated at a level that does not currently pose such a threat, but that may pose such a threat in the future.

The current provisions of the Act continue to apply to sites designated as contaminated sites.

If a site is designated as an impacted site, the owner must prepare a plan to address the contamination and submit the plan to the director for review. The director may issue a remediation order for an impacted site.

The owner of an impacted site is responsible for remediation of the site. But an owner who believes that he or she should not be solely responsible for the remediation may apply to the director for an order apportioning responsibility for the remediation among those who could be held responsible if the site had been designated as a contaminated site.

The Bill imposes a duty on the owner or occupier of a site to notify the director if he or she becomes aware of information about contamination on the site that exceeds standards established by regulation. The Bill clarifies responsibility for the cost of emergency remediation work and ensures access to sites where remediation is to be performed. It also requires remediation work to be performed as specified or approved by the director.