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The Environment Amendment Act (2)

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If you need an official copy, contact Statutory Publications.

S.M. 1993, c. 26

The Environment Amendment Act (2)

(Assented to July 27, 1993)

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

C.C.S.M. c. E125 amended

1           The Environment Act is amended by this Act.

2           The definition "environment officer" in subsection 1(2) is repealed and the following is substituted:

"environment officer" means a person or a member of a class of persons appointed under subsection 3(2); (« agent de l'environnement »)

3           Subsection 3(2) is repealed and the following is substituted:

Environment officer

3(2)        The minister may appoint a person or the members of a class of persons as environment officers for the purpose of this Act and the regulations, any provision of this Act or a regulation or any provision of a regulation.

4(1)        The following is added after clause 41(1)(n):

(n.1) respecting the burning of vegetation or the remains of vegetation in connection with agricultural activities and the release of pollutants resulting from that burning;

4(2)        The following is added after clause 41(1)(dd)

(ee) in addition to orders for which provision is made in this Act, providing for the making of an order for enforcing a regulation made under clause (n.1) against a person responsible for the burning of vegetation or the remains of vegetation in connection with agricultural activities and the release of pollutants resulting from that burning, including providing for

(i) the power to direct any other person to do the acts ordered in place of the person responsible and to recover the costs of doing those acts from the person responsible, and

(ii) the right of a person responsible to recover his or her costs against other persons responsible;

(ff) respecting the admission of evidence by certificate and providing that, in the absence of evidence to the contrary, the certificate is conclusive proof of the statements contained in it.

4(3)        The following is added after subsection 41(7):

Delegation of power under clause (1)(n.1)

41(8)       Where

(a) in the exercise of the power conferred under clause (1)(n.1), the Lieutenant Governor in Council considers it advisable that a period or periods be established when, or that an area be designated in which, or any similar thing be done having as an effect that, the burning of vegetation or the remains of vegetation in connection with agricultural activities and the release of pollutants resulting from that burning is permitted or prohibited; and

(b) the exercise of the power contemplates the existence of circumstances, such as weather conditions, that are not ordinarily known in sufficient time to permit notice of the establishment or designation or other thing to be given by way of a regulation published in The Manitoba Gazette under The Regulations Act;

the Lieutenant Governor in Council may in a regulation made under clause (1)(n.1) provide that

(c) the period or periods be established or area be designated for a specified time or other thing be done, by order of the minister or a delegate of the minister;

(d) The Regulations Act not apply to an order under clause (c);

(e) an order under clause (c) be published by a means such as a recorded message accessible by telephone, by broadcast on radio or television or by publication in a newspaper or by any combination of those or other means, that in the opinion of the Lieutenant Governor in Council is likely to give notice of the order to affected persons; and

(f) an order comes into force on or after first publication by a specified means and that that publication is notice to all persons.

Validation

5           The Burning of Crop Residue and Non-Crop Herbage Regulation, Manitoba Regulation 77/93, is validated and declared to have been lawfully made, and everything done under that regulation before the coming into force of this Act, which would have been lawful had this Act been in force at the time, is validated and declared to have been lawfully done.

Coming into force

6            This Act comes into force on the day it receives royal assent.