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The Environment Amendment Act

This is an unofficial version.
If you need an official copy, contact Statutory Publications.

S.M. 2002, c. 6

Bill 10, 3rd Session, 37th Legislature

THE ENVIRONMENT AMENDMENT ACT


 

(Assented to May 23, 2002)

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 following is added after section 25:

Order by minister to municipality re health emergency

25.1(1)     Notwithstanding anything in this Act, where the Minister of Health declares that a health emergency exists, or that one appears imminent, because of mosquitoes capable of transmitting diseases, the minister responsible for this Act may, by order, require a municipality to take measures specified in the order to prevent, minimize or alleviate the threat to health, on the terms and conditions and in the manner set out in the order.

Variation, etc. of order

25.1(2)     The minister may, by order, vary, extend, suspend or terminate an order made under subsection (1).

Communication of minister's order

25.1(3)     Immediately after making an order, the minister shall cause details of the order to be communicated by the most appropriate means to the residents of the affected municipality.

No injunction

25.1(4)     No injunction lies against the minister, a municipality or any person acting under the authority of an order, to restrain or prevent the minister, municipality, or person from taking measures under this section.

Normal processes not applicable if health emergency exists

25.1(5)     Where the minister's order is made after a declaration that a health emergency exists,

(a) the municipality may take the measures specified in the order without reference to the normal approval or licensing processes pursuant to this Act; and

(b) the minister may vary, suspend or terminate any approval given or licence issued pursuant to this Act that may affect the implementation of the order.

Regulations Act not applicable

25.1(6)     The Regulations Act does not apply to an order made under this section.

Municipality's power of entry

25.1(7)     Where the minister makes an order, a person authorized by the municipality may, without a warrant, enter on or pass over or through any lands in the municipality to implement the measures set out in the order.

Action by minister if municipality fails to comply

25.1(8)     If the municipality fails to comply with the minister's order, the minister may, without reference to the normal approval or licensing processes pursuant to this Act,

(a) cause anything to be done that is required by the order; and

(b) take any other measures that the minister considers necessary to prevent, minimize or alleviate the threat to health.

Subsection (7) applies

25.1(9)     Subsection (7) (power of entry) applies to an action taken by the minister under subsection (8), with necessary changes.

Recovery of expenditures

25.1(10)    If the minister takes action under subsection (8), the municipality that failed to comply with the minister's order may be required to pay the amount of any expenditures made by the government, or a portion of that amount, on such terms as may be specified by the Lieutenant Governor in Council.

Reimbursement to municipality for expenditures

25.1(11)    The government may reimburse a municipality for the amount of any expenditures made by the municipality in implementing an order, or a portion of that amount, on such terms as may be specified by the Lieutenant Governor in Council.

Compensation for loss

25.1(12)    Notwithstanding section 46, where as a result of any action taken or done under this section a person suffers any loss of any real or personal property, the government may compensate the person for the loss in accordance with such guidelines as may be approved by the Lieutenant Governor in Council.

3           Section 37 is amended by striking out "or director" and substituting ", director or any other person".

4           Section 46 is amended

(a) by striking out "against any employee" and substituting "against any person acting under the authority of this Act, any employee"; and

(b) by adding "person," before "employee, agent" wherever it occurs.

Coming into force

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