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The Contaminated Sites Remediation Act
This is an unofficial archived version.
This version was current from to March 31, 2014.

Note: It does not reflect any retroactive amendment enacted after March 31, 2014.
To find out if an amendment is retroactive, see the coming-into-force provisions
at the end of the amending Act.

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C.C.S.M. c. C205

The Contaminated Sites Remediation Act

(Assented to November 19, 1996)

WHEREAS it is in the public interest to establish a system for identifying and registering contaminated sites in Manitoba;

AND WHEREAS it is in the public interest to provide for the management of contaminated sites in Manitoba and for appropriate remediation to be undertaken where it is required in order to prevent, minimize or mitigate damage to human health or the environment and, where practicable, to restore the sites to useful purposes;

AND WHEREAS it is desirable to establish a comprehensive process for identifying and bringing together all the persons responsible for remediation in order to identify the appropriate remedial measures to be undertaken and to ensure their participation in the remediation;

AND WHEREAS it is desirable to establish a fair and efficient process for the apportionment of responsibility for the remediation of contaminated sites that provides a measure of certainty and finality regarding the extent of that responsibility;

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

PART 1

PURPOSE, INTERPRETATION AND APPLICATION

Purpose

1(1)        The principal purpose of this Act is to provide for the remediation of contaminated sites, in accordance with the principles of sustainable development, in order to reduce or mitigate the risks of further damage to human health or the environment and, where practicable, to restore such sites to useful purposes, and to this end to provide

(a) a system for identifying and registering contaminated sites in Manitoba;

(b) a system for determining appropriate remedial measures, if any, to be undertaken in relation to specific contaminated sites and identifying the persons responsible for implementing or contributing to the implementation of those measures; and

(c) a fair and efficient process for apportioning responsibility for the remediation of contaminated sites that

(i) applies the "polluter pays principle" as set out in clause 21(a) and takes into account various other factors set out in this Act, including factors that would not be relevant in determining civil liability for damages occasioned by contamination,

(ii) encourages the persons responsible for the remediation to negotiate the apportionment of responsibility among themselves, and

(iii) combines in a specialist tribunal the knowledge and skill of persons experienced in environmental contamination and remediation and brings them to bear on the review of remediation plans and the resolution of disputes relating to participation in and responsibility for remediation.

Principles of sustainable development

1(2)        For the purposes of subsection (1), the principles of sustainable development include the following:

(a) that government, industry and persons handling or having control of environmentally hazardous substances or products acknowledge their stewardship for the environment and human health and safety;

(b) that sustaining a healthy and sound economy requires all persons engaged in economic activity in Manitoba to take responsibility for the impact of their activity on the environment, the economy and the health of Manitobans;

(c) that all Manitobans have a role in enhancing the long term productive capability, quality and capacity of our natural ecosystems;

(d) that policies, programs and decisions relating to the management of contaminated sites take into account the need to rehabilitate and manage sites that are causing or may cause damage or injury to human health or the environment;

(e) that policies, programs and decisions relating to the management of contaminants take into account the need to anticipate, prevent or mitigate adverse environmental and economic impacts;

(f) that the ecological interdependence of the provinces and the territories of Canada and of the nations of the world be recognized.

Definitions

2           In this Act,

"apportionment agreement" has the meaning assigned by subsection 22(1); (« accord de partage »)

"apportionment hearing" has the meaning assigned by subsection 23(4); (« audience de partage »)

"apportionment order" means an order of the commission made under section 26; (« ordonnance de partage »)

"commission"  means the Clean Environment Commission established under The Environment Act; (« Commission »)

"contaminant", in relation to a site, means any product, substance or organism that is foreign to or in excess of the natural constituents of the environment at the site and that

(a) has affected, is affecting or may affect the natural, physical, chemical or biological quality of the environment, or

(b) is, or is likely to be, injurious or damaging to the health or safety of a person; (« polluant »)

"contaminate" means, by any act or omission, to cause contamination or to aggravate existing contamination; (« contaminer »)

"contaminated site" means a site so designated under subsection 7(1); (« lieu contaminé »)

"contamination" means the presence in, on or under, or the permeation or infusion of, soil, sediment, surface water or groundwater of or by a contaminant; (« contamination »)

"costs of remediation", in relation to a contaminated site, include

(a) costs reasonably incurred by the government to

(i) investigate