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The Contaminated Sites Remediation Act
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This version is current as of July 28, 2016.
It has been in effect since June 15, 2015.

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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 and impacted 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 and impacted sites in Manitoba;

(b) a system for determining appropriate remedial measures to be undertaken in respect of contaminated sites and impacted 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 and impacted 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.

S.M. 2012, c. 31, s. 2.

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 that has been designated as a contaminated site 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 the site for the purpose of determining the existence, nature or extent of the contamination and report the results of the investigation,

(ii) review a proposed apportionment agreement in respect of the site,

(iii) participate in any hearing, other than the hearing of an appeal, conducted by the commission in respect of the site,

(iv) review or prepare a remediation plan for the site, or

(v) effect remediation of the site, whether or not a remediation order has been issued in respect of the site, or monitor the progress of remediation carried out by others,

(b) the commission's costs of reviewing a remediation plan or conducting a hearing in relation to the site, as determined by the commission,

(c) costs reasonably incurred by a person to carry out his or her obligations under an investigation order (other than an order made under clause 6(b)) or an order under section 15 or to effect remediation under a remediation order, and

(d) any other costs prescribed by regulation or approved by order of the director or by order of the commission under subsection 27(2); (« frais d'assainissement »)

"director" means a director appointed under section 54; (« directeur »)

"environment" means all or any part or combination of the air, land and water, and includes plant and animal life; (« environnement »)

"environment officer" means an environment officer appointed under section 54; (« agent de l'environnement »)

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

"investigation order" means an order made under Part 2; (« ordre d'examen »)

"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; (« ministre »)

"municipality" includes

(a) a local government district, and

(b) as defined under The Northern Affairs Act,

(i) an incorporated community, and

(ii) in northern Manitoba anywhere other than in an incorporated community, the minister responsible for the administration of The Northern Affairs Act; (« municipalité »)

"owner", in relation to land, means

(a) where the land is under The Real Property Act, a person who

(i) is registered as the owner of an estate in fee simple or a life estate in the land, or

(ii) has filed a caveat in the land titles office for the district in which the land is situated claiming an interest in the land as purchaser,

(b) where the land is under The Registry Act, a person who

(i) is the owner of an estate in fee simple or a life estate in the land, or

(ii) as a purchaser of the land, has registered an agreement for sale in the registry office for the district in which the land is situated, and

(c) in the case of Crown land, a person shown in the records of the department of the government responsible for the administration of the land as having an estate or interest in the land; (« propriétaire »)

"owner or occupier", in relation to a site, means

(a) an owner of land that includes all or part of the site, or

(b) a tenant or other person who is in possession or occupation of, or controls the use of, land that includes all or part of the site; (« propriétaire ou occupant »)

"person" includes a partnership, a club, society, association or organization, whether or not incorporated, a federal, provincial or municipal body, a school board and any agency or ministry of the Crown in right of Manitoba or Canada; (« personne »)

"personal property registry" means the personal property registry established under The Personal Property Security Act; (« Bureau d'enregistrement des sûretés relatives aux biens personnels »)

"potentially responsible person", in relation to a contaminated site, means a person

(a) designated under Part 3 as being potentially responsible for the remediation of the site, or

(b) added by the commission under subsection 24(2) as a party to an apportionment hearing in respect of the site,

but does not include a person whose designation under Part 3 has been revoked or who has been exempted under an apportionment order from responsibility for the remediation, unless the revocation or exemption is overturned on appeal; (« personne potentiellement responsable »)

"registry" means the registry established under subsection 55(1); (« Bureau de dépôt des documents »)

"release", in relation to a contaminant, includes an introduction, escape, spill or discharge of the contaminant into the environment, whether accidental or intentional, or an abandonment of the contaminant; (« rejet »)

"remediation" means the management of a contaminated site or an impacted site in order to prevent, minimize or mitigate damage to human health or the environment or to restore all or part of the site to a useful purpose, and includes any act referred to in clause 17(2)(b); (« assainissement » ou « travaux d'assainissement »)

"remediation order" means an order made under section 14.3 or 17, and includes any amendment to the order; (« ordre d'assainissement »)

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

"responsibility for remediation" means the responsibility of a person to do anything required to effect remediation of a contaminated site or an impacted site or to contribute financially to the costs of the remediation; (« responsabilité de l'assainissement »)

"site" means an area of the environment; (« lieu »)

"trustee", in relation to a person, includes

(a) if the person is deceased, the personal representative of the person,

(b) if the person has a beneficial interest in property, another person who has legal ownership of the property and who is charged with the administration of the property for the benefit of the person with the beneficial interest, and

(c) a trustee in bankruptcy charged with the administration of assets and liabilities of the person. (« fiduciaire »)

S.M. 2000, c. 35, s. 30; S.M. 2006, c. 34, s. 257; S.M. 2012, c. 31, s. 3.

Application

3(1)        Subject to subsection (3), this Act applies to a site that has been contaminated regardless of whether

(a) the site became contaminated

(i) before or after the coming into force of this section, or

(ii) because of an act or omission that was permitted or not prohibited by any law or licence; or

(b) another proceeding has been, is or may be taken under any other Act of the Legislature in respect of the site or the contamination.

Orders under Dangerous Goods Handling and Transportation Act

3(2)        Where in the director's opinion it would facilitate the expeditious remediation of a site in respect of which an order under section 16 of The Dangerous Goods Handling and Transportation Act was issued before the coming into force of this section, the director may vary or cancel the order and may take any action or issue any order under this Act in respect of the site.

Application to sites under other Acts

3(3)        Except as otherwise provided in the regulations, this Act does not apply to a site to which the provisions of the following Acts respecting the rehabilitation of land apply:

(a) The Oil and Gas Act;

(b) The Mines and Minerals Act;

(c) The Peatlands Stewardship Act.

Obligations under Oil and Gas Act and Mines and Minerals Act

3(4)        Where this Act applies to a site because of a regulation referred to in subsection (3), a person who satisfies all of his or her obligations under this Act and the regulations in respect of the site is deemed to have satisfied every obligation he or she has in respect of the rehabilitation or reclamation of the site under The Oil and Gas Act, The Mines and Minerals Act, The Peatlands Stewardship Act and the regulations under those Acts.

Crown bound

3(5)        This Act binds the Crown.

S.M. 2012, c. 31, s. 4; S.M. 2014, c. 27, s. 61.

PART 2

SITE INVESTIGATION AND DESIGNATION

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.

S.M. 2012, c. 31, s. 6.

Site investigation

4(1)        If the director believes on reasonable grounds that a site is contaminated, the director may in writing order

(a) one or more owners or occupiers of the site to conduct an investigation to determine the existence, nature and extent of the contamination and provide to the director a report, in a form acceptable to the director, of the results of the investigation; or

(b) a person to provide to the director, within a reasonable period of time specified in the order, a copy of a record that

(i) reports the results of a previous investigation into the contamination of an area of the environment that includes all or part of the site, and

(ii) is within the person's possession or control.

Requirements of investigation order

4(2)        An order under subsection (1) may

(a) require a person named in the order, on such terms and conditions as the director considers necessary or advisable, to investigate land or premises not owned or occupied by the person if the director believes on reasonable grounds that they are contaminated as a result of the migration of a contaminant released on land or premises owned or occupied by the person; and

(b) specify any other terms, conditions or requirements regarding an investigation or report that the director considers necessary or advisable.

Further investigation or report

4(3)        If, in the director's opinion after making an investigation order or entering into an agreement under section 5 in respect of a site, further investigation is required to determine the existence, nature or extent of the contamination of the site, the director may issue an additional order requiring one or more owners or occupiers of the site to conduct any additional investigation or make any additional report that the director considers necessary to determine the existence, nature or extent of the contamination.

Agreement for site investigation

5           The director may enter into an agreement in respect of a site with one or more persons which sets forth

(a) the obligations of one or more of the parties

(i) to investigate the site in a manner and within a time specified in the agreement and to report the results of the investigation to the director,

(ii) to make financial or other contributions toward the investigation and report, and

(iii) where the director so requires, to provide security for the performance of the obligations set forth in the agreement in an amount and form acceptable to the director; and

(b) any other terms, conditions or requirements that the director considers necessary or advisable for determining the existence, nature or extent of contamination of the site.

Access to site

6           If an owner or occupier of a site, whose land or premises are required or permitted under this Act to be investigated by another person, does not provide the other person with the access that the director considers necessary to carry out the investigation, the director may

(a) carry out the investigation, or cause it to be carried out, at the expense of the other person; or

(b) order the owner or occupier, at his or her expense, to carry out or cause to be carried out the investigation and report the results of the investigation to the director.

Designation of contaminated site

7(1)        If the director determines that a site is contaminated at a level which poses a threat to human health or safety or to the environment, the director shall by written order designate the site as a contaminated site and, as soon as is reasonably practicable after making the designation, shall

(a) where the site includes or forms part of specific land described in a certificate of title under The Real Property Act or in an abstract book under The Registry Act, cause a notice of the designation to be filed in respect of the specific land in the proper land titles office or registry office;

(b) send a notice of the designation to

(i) each person who at the time of filing the notice under clause (a)

(A) is a registered owner of the site, or

(B) has a registered interest in land that includes or forms part of the site, and

(ii) each municipality within whose jurisdiction all or any part of the site is located; and

(c) file or cause to be filed in the registry a notice of the designation and any other information regarding the site that is required by regulation to be filed in the registry.

Revocation of designation

7(2)        If, in the director's opinion, specific land in respect of which a designation was made under subsection (1) ceases to be contaminated at a level which poses a threat to human health or safety or to the environment, the director shall by written order revoke the designation as it relates to the specific land and, as soon as is reasonably practicable after making the revocation,

(a) if a notice was filed under clause (1)(a) in respect of the land, cause a discharge of the notice to be filed in the appropriate land titles office or registry office;

(b) send a notice of the revocation to

(i)  each person who at the time of the revocation was an owner of the land, and

(ii) each municipality within whose jurisdiction all or any part of the land is located; and

(c) cause a notice of the revocation to be filed in the registry.

S.M. 2012, c. 31, s. 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.

S.M. 2012, c. 31, s. 8.

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.

S.M. 2012, c. 31, s. 8.

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.

S.M. 2012, c. 31, s. 8.

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.

S.M. 2012, c. 31, s. 8.

Further investigation of contaminated site

8           If the director determines that further investigation is required to determine the nature or extent of the contamination at a contaminated site, the director may, at any time and on any terms or conditions that he or she considers advisable, authorize or require any person who is or may be held responsible for the remediation to investigate any lands or premises that include or form part of the site.

S.M. 2012, c. 31, s. 9.

PART 3

PERSONS RESPONSIBLE FOR REMEDIATION OF CONTAMINATED SITES

Persons potentially responsible for remediation

9(1)        Subject to subsections (2) and (3), the following persons may be held responsible for the remediation of a contaminated site:

(a) an owner or occupier of the site;

(b) a person who was an owner or occupier of the site at a time when the contamination occurred or at any time thereafter;

(c) a person who owns or has possession, charge or control of a contaminant of the site;

(d) a person who owned or had possession, charge or control of a contaminant of the site immediately before or at the time of its release;

(e) a creditor of a person referred to in clause (a), (b), (c), (d) or (j) in respect of the site, if the director believes on reasonable grounds that the creditor contaminated the site;

(f) where a person referred to in any of clauses (a) to (d) is a corporation, an individual who

(i) was a director or officer of the corporation at the time of the release of a contaminant at the site, and

(ii) by any act, omission, direction or authorization occurring after the coming into force of this section, contaminated the site;

(g) a particular person who acted as principal of another person referred to in any of clauses (a) to (e) who, in the course of carrying out his or her responsibilities as agent for the particular person, contaminated the site;

(h) a corporation, if a director, officer or employee of the corporation,

(i) within the scope of his or her appointment or employment, contaminated the site, or

(ii) being in a position to influence, control, direct or manage another person, including another corporation or an employee of another corporation, directed, required or authorized any act or omission by which a person contaminated the site;

(i) a partnership, if a member or employee of the partnership

(i) as partner or within the scope of his or her employment, contaminated the site, or

(ii) being in a position to influence, control, direct or manage another person, directed, required or authorized any act or omission by which a person contaminated the site;

(j) a person who

(i) contaminated the site, or

(ii) being in a position to influence, control, direct or manage another person, directed, required or authorized any act or omission by which a person contaminated the site;

(k) a trustee, receiver or receiver manager of a person referred to in any of clauses (a) to (j);

(l) a person who is in a class of persons designated by regulation as being responsible for the remediation.

Persons not responsible for remediation

9(2)        A person is not responsible under this Act for the remediation of a contaminated site if it is demonstrated that his or her only involvement with the site or its contamination is that

(a) the person was a director or officer of a potentially responsible person in respect of the site and exercised due diligence with respect to the site and its contaminants;

(b) the person is a municipality that became an owner of the site as a result of a tax sale proceeding or under circumstances prescribed by regulation;

(c) the person, as an authority within the meaning of The Expropriation Act, acquired by expropriation or otherwise, for a purpose prescribed by regulation, land that includes all or part of the site and that it had the right to expropriate;

(d) the person is or was an owner or occupier of land that was contaminated by reason only of the migration of a contaminant from other land not owned or occupied by the person and, where the contamination of the person's land occurred before he or she became an owner or occupier of the land, the person was not aware of the contamination and could not reasonably have been aware of it at the time of becoming an owner or occupier;

(e) the person provided advice or assistance regarding the handling of a contaminant or the remediation of the site, and exercised due diligence in providing the advice or assistance;

(f) as a creditor referred to in clause (1)(e), the person did one or more of the following and, in so doing, exercised due diligence with respect to the site and its contaminants:

(i) advocated or required safe waste handling and disposal practices and the prevention of contamination, including requirements to perform monitoring or scientific tests or to remediate the site,

(ii) undertook or required the undertaking of an investigation or remediation of the site in accordance with the regulations or in any other manner approved by the director,

(iii) participated in loan workout actions, including

(A) providing financial or other advice to a debtor in financial distress, or

(B) restructuring or negotiating the terms of a loan or security interest,

(iv) took steps to enforce, protect or enhance the value of a security interest,

(v) took steps or required the taking of steps to minimize or prevent future contamination or the migration of existing contamination;

(g) the person transported a contaminant to the site, unless the person

(i) did not obtain permission from the recipient of the contaminant at the site to deposit the contaminant at the site,

(ii) was or ought to have been aware that the recipient of the contaminant at the site was prohibited by law from receiving or handling the contaminant,

(iii) was prohibited by law from transporting the contaminant to the site, or

(iv) caused or contributed to a release of the contaminant at the site; or

(h) the person was involved in a manner or under circumstances prescribed in the regulations.

Exemption for minor contributor

9(3)        If, in the director's opinion,

(a) a person

(i) did not contaminate a site, or

(ii) made an insignificant contribution to the contamination; and

(b) if the person is a present or former owner or occupier of the site, the person has not derived, and cannot reasonably be expected to derive, an economic benefit from

(i) any purchase or sale of an estate or interest in land that includes all or any part of the site, or

(ii) the remediation of the site,

having regard to the consideration paid or payable by the person for his or her interest in the site and the impact of the contamination and subsequent remediation on the fair market value of that interest;

the director may refuse to designate the person as being potentially responsible for the remediation of the site or, if the person has previously been so designated and makes a request under subsection 11(1), may revoke the designation.

Designation of potentially responsible persons

10(1)       If, in the director's opinion,

(a) taking into account all the relevant factors, including those set forth in section 18, all or a part of a contaminated site requires remediation; and

(b) taking into account all the relevant factors, including those set forth in section 21, and the information available to the director regarding persons described in subsection 9(1), two or more of them should be held responsible for the remediation;

the director may, before issuing a remediation order under subsection 17(1) in respect of the site, by written order designate those persons as being potentially responsible for the remediation of the site.

Notice to potentially responsible persons

10(2)       The director shall notify each potentially responsible person in respect of a contaminated site of the designation made under subsection (1) in respect of the person, and the notice shall include

(a) a description of the site and of the nature and extent of the contamination of the site;

(b) the name and address of each other potentially responsible person in respect of the site;

(c) the status of the remediation of the site;

(d) where remediation of the site has not been undertaken, an invitation for the person to propose a plan of remediation or comment on any remediation plan proposed by another person; and

(e) a reference to the person's rights

(i) under subsection 11(1) to request a revocation of his or her designation as a potentially responsible person on the basis of an exemption set forth in subsection 9(2) or (3),

(ii) to file, within a time specified in the notice, a request jointly with one or more other potentially responsible persons for the director to approve an apportionment agreement in relation to the site under subsection 22(1),

(iii) under subsection 22(2) to request the assistance of a mediator in negotiating an apportionment agreement in relation to the site,

(iv) under subsection 23(1) to request the commission to apportion responsibility for the costs of remediation of the site among the potentially responsible persons in relation to the site, or

(v) under section 12 to request the director to designate one or more persons not previously designated as being potentially responsible for the remediation of the site.

Claim for exemption

11(1)       A person designated under this Part may, by written notice to the director within 14 days after receipt of notice of the designation, request a revocation of the designation based on an exemption under subsection 9(2) or (3).

Contents of request

11(2)       A request under subsection (1) by a person in relation to a site shall

(a) include a full description of the person's involvement with the site and the contaminants of the site;

(b) specify the provision under which the person is claiming to be exempt from responsibility;

(c) include any other information that the director may require to determine the person's eligibility for the exemption claimed; and

(d) be accompanied by evidence that

(i) a copy of the request, including the information referred to in clauses (a) to (c), and

(ii) any additional information that may be required by the director or by regulation,

have been served on each of the other potentially responsible persons in respect of the site.

Director to determine eligibility

11(3)       The director shall, as soon as is reasonably practicable after receipt of a request under subsection (1) from a potentially responsible person in respect of a site,

(a) consider the request and any written submissions received by the director from other potentially responsible persons in respect of the site within 14 days of receipt of the request;

(b) determine whether the person qualifies for the exemption claimed and revoke or confirm the person's designation as a potentially responsible person accordingly; and

(c) notify all the potentially responsible persons in relation to the site of the action taken under clause (b).

Referral to commission

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

S.M. 2012, c. 31, s. 11.

Request to name additional persons

12(1)       A person designated under this Part in respect of a contaminated site who believes that another person described in subsection 9(1) should be responsible for the remediation of the site may in writing request the director to designate the other person as being potentially responsible for the remediation.

Requirements of request

12(2)       A person's request under subsection (1) in respect of a contaminated site shall

(a) be filed with the director not later than 14 days after the person received notice of having been designated a potentially responsible person in respect of the site;

(b) include a statement of the reasons for holding the person named in the request responsible for the remediation of the site; and

(c) be accompanied by evidence that

(i) a copy of the request and of the notice referred to in clause (a), and

(ii) any additional information that may be prescribed by regulation,

have been served on the person named in the request.

Director to consider request

12(3)       The director shall consider each request made under this section, together with any response received from the person named in the request within 14 days after the person has been served with a copy of the request, and shall, as soon as is reasonably practicable,

(a) either decline the request or designate the person named in the request as being potentially responsible for the remediation of the site; and

(b) notify the person who made the request and the named person of the action taken under clause (a).

Director may designate additional persons

13          Despite the fact that one or more persons may already have been designated under this Part, if no apportionment hearing has been scheduled in respect of the site and no apportionment agreement in respect of the site has been approved by the director, the director may designate any other person described in subsection 9(1) as being potentially responsible for the remediation of the site and notify the other person of the designation.

Notice of additional designation

14(1)       A notice to a person designated under subsection 12(3) or section 13 as a potentially responsible person in respect of a contaminated site shall include all of the information referred to in subsection 10(2).

Notification of changes to potentially responsible persons

14(2)       If the director makes an additional designation under subsection 12(3) or section 13 in respect of the site or revokes a designation previously made under this Part in respect of the site, he or she shall without delay notify the other potentially responsible persons in respect of the site of the additional designation or the revocation.

PART 4

REMEDIATION

REMEDIATION OF IMPACTED SITES

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.

S.M. 2012, c. 31, s. 13.

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.

S.M. 2012, c. 31, s. 13.

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.

S.M. 2012, c. 31, s. 13.

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.

S.M. 2012, c. 31, s. 13.

REMEDIATION OF CONTAMINATED SITES

Order for remediation plan

15(1)       The director may, at any time before issuing a remediation order under subsection 17(1) in respect of a contaminated site, order one or more persons described in subsection 9(1) in respect of the site to prepare and file with the director a plan for the remediation of the site in a form acceptable to the director and containing such information as is required by the order or by regulation.

Time for filing remediation plan

15(2)       A remediation plan required by an order under subsection (1)

(a) shall be filed with the director within 30 days after the date of the order or such longer time as is specified in the order; and

(b) where the plan is not filed jointly by all of the potentially responsible persons in respect of the site, shall be accompanied by evidence satisfactory to the director that a copy of the plan or a summary of its contents has been served on each of the potentially responsible persons.

Consultation regarding remediation plan

16(1)       After receiving a remediation plan for a contaminated site, whether submitted voluntarily or pursuant to an order under subsection 15(1), and before issuing a remediation order that implements any of the measures included in the plan, the director shall consult with the proponents of the plan or any of the other potentially responsible persons regarding the plan or any changes to the plan suggested by the director or by any of them, and may do one or more of the following:

(a) engage one or more consultants to review the plan and provide their advice and recommendations;

(b) refer the plan to the commission for its advice and recommendations;

(c) recommend to the minister that the commission hold a public hearing regarding the remediation plan before providing its advice and recommendations;

(d) file a copy or summary of the plan in the registry and notify

(i) the general public, or

(ii) persons who, in the director's opinion, are or are likely to be affected by the contamination of the site or by the proposed remediation,

that the plan is available for inspection at the registry and invite their comments.

Review of remediation plan by commission

16(2)       On receiving a referral under clause (1)(b) in respect of a contaminated site, the commission

(a) shall review the remediation plan;

(b) in the course of that review

(i) may consult with any potentially responsible person in respect of the site or any person affected by the proposed remediation that the commission considers appropriate,

(ii) may engage one or more consultants to assist the commission in its review,

(iii) may, and shall if requested by the minister, conduct a public hearing respecting the proposed remediation; and

(c) shall, within 90 days after receipt of the referral or such other time as may be specified or agreed to by the director, provide its advice and recommendations regarding the remediation plan to the director.

Consultation during apportionment hearing

16(3)        Where a referral under clause (1)(b) in respect of a contaminated site is made before or during an apportionment hearing in respect of the site, the commission may combine its review of the remediation plan with the apportionment hearing and, as part of the hearing,

(a) consult with the director or any party to the hearing; or

(b) require or permit evidence to be adduced or submissions to be made respecting the proposed remediation plan or any alternative remediation measures suggested by the commission, the director or any party to the hearing.

Commission to hold public hearing

16(4)       The minister may, on the recommendation of the director or on his or her own initiative, cause the commission to hold, within the terms of reference established by the minister, a public hearing regarding a remediation plan for a contaminated site and provide its advice and recommendations to the minister and the director.

Application of Environment Act

16(5)       Subsections 7(1) to (3) of The Environment Act apply, with necessary modifications, to a public hearing conducted by the commission under the authority of this section as if the proposed remediation were a proposed development under that Act.

Remediation order

17(1)       The director may, having regard to all the relevant factors including the factors set out in section 18 and to the results of the consultations conducted under section 16, issue a remediation order in respect of a contaminated site to

(a) the potentially responsible persons in respect of the site; or

(b) if the director determines that only one person is to be held responsible for the remediation, that person.

Contents of remediation order

17(2)       A remediation order issued under subsection (1) in respect of a contaminated site

(a) may restrict or prohibit one or more uses of the site or of a product or substance derived from the site;

(b) may require a person or persons named in the order to effect such remediation as the director considers appropriate, which may include one or more of the following:

(i) monitoring, measuring, containing, removing, labeling, storing, destroying or otherwise disposing of a contaminant or contaminated materials,

(ii) carrying out measures to prevent further introduction into the environment of a contaminant, or to control or lessen the rate at which it is introduced into the environment,

(iii) constructing, installing, modifying, removing or destroying any equipment, facility or thing,

(iv) preparing and submitting plans, records or reports concerning the contamination of the site, steps undertaken to remediate the site and the effect of those steps,

(v) replacing, reconstructing, rehabilitating or doing any other restorative work on contaminated materials or on all or any part of the site,

(vi) providing a supply of potable water sufficient to meet the needs of residential and commercial users of water within the area affected by the contamination of the site;

(c) may require a person or persons named in the order to

(i) contribute financially to the costs of remediation of the site incurred or expected to be incurred by the government of Manitoba or another person,

(ii) contribute materials, equipment or other property for use in the remediation of the site, or

(iii) provide security in a form and manner acceptable to the director and subject to any conditions that the director considers advisable;

(d) may specify the manner and the schedule according to which the remediation is to be carried out; and

(e) may include or incorporate by reference all or any part of a remediation plan filed with the director.

Further or amended orders

17(3)       The director may, at any time after issuing an order under subsection (1) in respect of a contaminated site, amend the order or issue a further order if

(a) new information has been received by the director since the date of the original order and, having regard to all of the relevant factors, including the factors set forth in section 18 and the progress of the remediation of the site, in the director's opinion further investigation, monitoring, testing or remediation of the site is required or a change in any action or the time or manner in which any action required under the original order to be performed is warranted; or

(b) after issuing the original order, the apportionment of responsibility for the remediation of the site has been finally determined under Part 5 and an amendment to the order or a further order is necessary to assign or reassign responsibility for remediation in accordance with the apportionment order or apportionment agreement made under that Part.

Notice of remediation order

17(4)       The director shall provide a copy of each remediation order in respect of a contaminated site and of each amendment to the order to

(a) each person named in the order; and

(b) each municipality within whose jurisdiction all or any part of the site in respect of which the order was made is located;

and shall cause a copy of the order to be filed in the registry.

Director may undertake remediation in emergency

17(5)       Where in the director's opinion the contamination of a site has created a situation 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 making an order under this section in respect of the site 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 and, for greater certainty, the costs incurred in carrying out the remediation shall be included in the costs of remediation of the site.

Determining costs of remediation

17(6)       The director may, and shall if requested by a person responsible for the remediation of a contaminated site, determine the costs of remediation of the site, including the value of work done or materials, equipment or other property provided for use in the remediation as permitted or required by the director, and shall send a notice of the determination to each person who is responsible for the remediation.

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.

S.M. 2012, c. 31, s. 16.

Factors relevant to remediation requirements

18          In determining whether to issue a remediation order and the requirements of such an order, the director shall consider all relevant factors, including

(a) the risk to human health or the environment which the site or a contaminant of the site presents or might present;

(b) the current, the permitted and the planned uses of the site and of nearby properties;

(c) the proximity of the site to

(i) residential areas and other areas regularly occupied by people, or

(ii) sensitive or significant areas of the environment, as determined by the director; and

(d) the physical characteristics of the site.

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.

S.M. 2012, c. 31, s. 17.

Certificate of compliance

19(1)       At the request of a person named in a remediation order and on payment by the person of the prescribed fee, the director shall issue a certificate of compliance in respect of the order if

(a) in the opinion of the director, based on the information in his or her possession, remediation of the site has been substantially completed in accordance with the order; and

(b) any security required by the director for the performance of continuing obligations under the order to manage the contaminants remaining at the site has been provided.

Contents of certificate

19(2)       A certificate issued under subsection (1) shall include

(a) a statement that the certificate is based on information in the director's possession regarding the condition of the site as at the date of issuance of the certificate;

(b) a reference to the order in accordance with which the site has been remediated;

(c) a reference to or description of the level or standard to which the site has been remediated;

(d) a reference to or description of any outstanding or ongoing obligations under the order;

(e) if the use of the site is restricted under the order, a statement that a change in use might require further remediation to be carried out at the site; and

(f) any other matter that may be required by the director or by regulation.

Certificate for remediation without order

19(3)       A person who, without being required under this Act to do so, undertakes or participates in remediation in respect of a contaminated site may obtain from the director, on payment of the prescribed fee, a certificate including the matters referred to in clauses (2)(a) and (c) to (f).

Filing of certicate

19(4)       The director shall cause a copy of each certificate issued under this section to be filed in the registry.

No licence required under Environment Act

20          For greater certainty, the licencing requirements of The Environment Act in respect of developments do not apply to the remediation of a contaminated site or an impacted site carried out in accordance with this Act.

S.M. 2012, c. 31, s. 18.

PART 5

APPORTIONMENT OF RESPONSIBILITY FOR REMEDIATION

Factors re responsibility for remediation

21          In determining whether to approve a proposed apportionment agreement, in mediating the negotiations toward an apportionment agreement or in apportioning the responsibility for the costs of remediation of a contaminated site among the potentially responsible persons in respect of the site, the director, the mediator or the commission, as the case may be, shall

(a) apply the principle that the primary responsibility for the remediation of a contaminated site lies with the person or persons who contaminated it and that they should bear the responsibility for the remediation in proportion to their contributions to the contamination; and

(b) take into account all other relevant factors, which shall include when the site became contaminated and might include, in respect of any potentially responsible person,

(i) where the person is a current or previous owner or occupier of the site,

(A) whether the site was contaminated when the person acquired an interest in it, and

(B) if the site was contaminated when the person acquired an interest in it, whether the person knew or, by making reasonable inquiries, ought to have known of the contamination, and whether the presence of contaminants at the site was reflected in the value of the consideration paid or payable by the person for the interest,

(ii) where the person is a current owner or occupier of the site, the effect of remediation under this Act on the fair market value or the permitted uses of the site;

(iii) whether the person disposed of an interest in the site knowing or suspecting it to be contaminated without disclosing to the acquirer of the interest the existence or suspected existence of the contaminants at the site,

(iv) whether the person took reasonable steps to prevent the contamination of the site,

(v) where the person handled the contaminant, whether he or she followed the commonly accepted industry standards and practices at the time of the release of the contaminant,

(vi) whether the person complied with all applicable environmental laws, orders, licences or permits in respect of the site,

(vii) whether the person, after becoming aware of the presence of a contaminant at the site, contaminated the site,

(viii) actions taken by the person upon becoming aware of the presence of a contaminant at the site, including

(A) steps taken to prevent or limit the contamination of the site and surrounding areas, and

(B) notification of the applicable regulatory authorities,

(ix) the value of any economic benefit derived by the person from activities that resulted in the contamination of the site or in the course of which the contamination occurred;

(x) where the person is an employee, the degree of influence or control exercised over him or her by any other person,

(xi) the degree to which the person contributed to the contamination of the site in relation to the contributions made by others,

(xii) the quantity and toxicity of any contaminant released into the environment, and

(xiii) if the contamination of the site resulted from an act of God, war, terrorism or sabotage, whether the person took all reasonable steps after the act to prevent, contain or minimize the contamination.

APPORTIONMENT BY AGREEMENT

Apportionment agreement

22(1)       The director may approve an agreement (referred to in this Act as an "apportionment agreement") under which,

(a) all the potentially responsible persons in respect of a contaminated site agree to assume responsibility for some or all of the remediation of the site; or

(b) the parties agree to assume responsibility for all of the remediation of the site.

Appointment of mediator

22(2)       At the joint request of the potentially responsible persons in respect of a contaminated site made in writing to the director, he or she shall appoint a person

(a) nominated in the request; or

(b) in the absence of such a nomination, chosen by the director;

to act as mediator, at the expense of the parties to the mediation, in their negotiations toward an apportionment agreement to be submitted to the director for his or her approval.

Relevant factors

22(3)       In determining whether to approve a proposed apportionment agreement in respect of a contaminated site, the director may consider, in addition to the factors set out in section 21,

(a) whether any party to the proposed agreement is or is likely to become unable or unwilling to satisfy his or her financial obligations under the agreement;

(b) whether the parties to the proposed agreement have proposed a remediation plan acceptable to the director;

(c) whether the agreement provides for security, in an amount and form satisfactory to the director, for the performance of the parties' obligations respecting the remediation of the site;

(d) whether, in the director's opinion, the share, if any, of the costs of remediation for which no party to the agreement assumes responsibility represents too great a proportion of the costs of remediation of the site; and

(e) any other factors that the director considers relevant.

Notice of rejection

22(4)       If the director decides not to approve a proposed apportionment agreement in respect of a contaminated site, he or she shall notify the parties of the decision and shall either

(a) grant the parties an extension of time to negotiate changes satisfactory to the director; or

(b) refer the apportionment of their responsibility for the costs of remediation of the site to the commission.

APPORTIONMENT BY ORDER OF THE COMMISSION

Request for apportionment by the commission

23(1)       If no apportionment agreement in respect of a contaminated site has been approved by the director, a potentially responsible person in respect of the site may by written notice to the director request that the apportionment of responsibility for the costs of remediation of the site among the potentially responsible persons in respect of the site be referred to the commission.

Referral to commission

23(2)       The director shall refer to the commission the apportionment of responsibility for the costs of remediation of a contaminated site among the potentially responsible persons in respect of the site if

(a) a request is made under subsection (1); or

(b) no apportionment agreement satisfactory to the director has been submitted for his or her approval within the time permitted as specified in the notices given under subsection 10(2) or 14(1) or an extension of time granted by the director under clause 22(4)(a).

Early referral to commission

23(3)       If a potentially responsible person in respect of a contaminated site has indicated to the director or an environment officer that he or she is not willing to negotiate or enter into an apportionment agreement, the director may refer the apportionment of responsibility for the costs of remediation to the commission before the time referred to in clause (2)(b) has expired.

Commission to schedule hearing

23(4)       The commission shall, within 30 days after receipt of a referral under this section or clause 22(4)(b) in respect of a contaminated site,

(a) schedule a time and place for a hearing (referred to in this Act as an "apportionment hearing") to receive and consider evidence relevant to the apportionment of responsibility for the costs of remediation of the site; and

(b) notify each potentially responsible person of the time, place and subject matter of the hearing.

Parties to hearing

24(1)       The parties to an apportionment hearing in respect of a contaminated site are the potentially responsible persons in respect of the site.

Additional parties

24(2)       The commission may at any time during an apportionment hearing in respect of a contaminated site designate a person described in subsection 9(1) as being potentially responsible for the remediation of the site and, on doing so, shall adjourn the hearing to provide the person with a reasonable opportunity to

(a) demonstrate to the commission why he or she should be exempt under subsection 9(2) or (3);

(b) request the commission to designate any other person as also being potentially responsible for the remediation;

(c) negotiate an apportionment of the responsibility for the remediation with the other potentially responsible persons;

(d) review all evidence adduced and submissions made in the course of the hearing before the adjournment; and

(e) prepare for the hearing.

Recommencement of hearing

24(3)        On the recommencement of a hearing after an adjournment under subsection (2), the commission shall provide each new party to the hearing with an opportunity to respond to all evidence adduced and submissions made in the course of the hearing before it was adjourned.

Director entitled to be heard

25          The director is entitled to be heard, by counsel or otherwise, on an apportionment hearing.

Decision regarding apportionment

26(1)       The commission shall, within 60 days after an apportionment hearing in respect of a contaminated site,

(a) by written order, establish which of the parties to the hearing are responsible for the costs of remediation and the share of those costs for which each of them is responsible;

(b) provide a copy of the order, together with a written summary of its reasons, to the director and to each party to the hearing; and

(c) cause a copy of the order to be filed in the registry.

Assigning responsibility

26(2)       Subject to section 21, in making an order under clause (1)(a), the commission may assign all or any share of the responsibility to any party to the hearing, including any party who neglects or refuses to participate in the hearing, and may leave all or any share of the responsibility unassigned to any party.

Limitation

26(3)       No order under subsection (1) shall

(a) quantify the costs of remediation of a contaminated site; or

(b) specify the manner in which any person's responsibility for the remediation of a contaminated site is to be fulfilled.

Contributions in kind

26(4)       For greater certainty, a person who is responsible for a share of the costs of remediation may, with the approval of the director, and shall, if so ordered under section 17 by the director, fulfill that responsibility in whole or in part by assisting in or carrying out the required remediation or contributing materials, equipment or other property for use in the remediation.

Party's costs of hearing

27(1)       Each party to an apportionment hearing shall bear his or her own costs of attending or being represented at the hearing.

Commission's costs of hearing

27(2)       The commission's costs of conducting an apportionment hearing, as determined by the commission in accordance with the regulations, shall be included in the costs of remediation of the site in respect of which the hearing was held.

LIMITS OF RESPONSIBILITY

Personal liability of trustee, receiver or receiver manager

28(1)       A trustee, receiver or receiver manager of a person described in subsection 9(1) in respect of a contaminated site or of the owner of an impacted site is not personally liable for the remediation of the site unless the trustee, receiver or receiver manager,

(a) directly or indirectly through his or her employee or by exercising control over or imposing requirements on another person, contaminated the site; and

(b) in so doing, failed to exercise due diligence with respect to the site or its contaminants.

Limit of liability for trustee, receiver or receiver manager

28(2)       The liability of a trustee, receiver or receiver manager who is not personally liable for the remediation of a contaminated site or an impacted site to contribute to the remediation of the site is limited to the property under his or her administration or management under the terms of the trust or appointment.

S.M. 2012, c. 31, s. 19.

Agreement limiting liability

29(1)       If a person who would not otherwise be responsible for the remediation of a contaminated site or an impacted site proposes

(a) to become an owner or occupier of the site; or

(b) to undertake any other course of action that could otherwise make him or her potentially responsible for the remediation of the site;

the director may, on such terms or conditions as he or she considers appropriate, enter into an agreement with the person which limits the person's responsibility for the remediation that can reasonably be considered to relate to contamination occurring before the person becomes an owner or occupier of the site or undertakes the proposed course of action.

Cost recovery under agreement

29(2)       If a person is required by an agreement under subsection (1) to undertake remediation in respect of a site, the agreement shall provide that the person is entitled to recover his or her costs of the remediation from the proceeds of any sale or lease of the site or property at the site before the government is reimbursed for any costs of remediation incurred by it in respect of the site.

S.M. 2012, c. 31, s. 20.

Joint liability for amounts in default

30(1)       Despite the terms of any apportionment order or apportionment agreement but subject to subsection (2), all the persons who at any time are in default of any of their obligations under an investigation order or a remediation order in respect of a contaminated site or an impacted site are jointly and severally liable with each other for all amounts that at that time are due and payable by any of them in respect of the site under this Act or an order or agreement made or approved under this Act.

Notice and grace period

30(2)       Subsection (1) does not apply to a person unless he or she remains in default for a period of 21 consecutive days after notice of the default is served on him or her.

Continuing liability

30(3)       For greater certainty, a person's liability under subsection (1) continues despite the payment in full of all amounts that, if this Act were read without reference to that subsection, would be payable by the person.

S.M. 2012, c. 31, s. 20.

Effect of apportionment

31          Except as provided in section 30, the apportionment of responsibility for the remediation of a contaminated site under an apportionment agreement approved by the director or an apportionment order of the commission

(a) limits the liability under this Act of each person who is a party to the agreement or is named in the order (referred to in this section as a "participant"), as the case may be, for the costs of the remediation carried out or required to be carried out under this Act to the share of those costs that is apportioned to the participant under the agreement or order;

(b) extinguishes any right that a participant might otherwise have under other legislation or the common law to seek or obtain compensation or reimbursement from any other person for all or any part of the share of the costs of remediation apportioned under this Act to the participant unless an agreement between the participant and the other person otherwise provides; and

(c) except as provided in clause (b), does not affect or modify in any way a participant's right to seek or obtain relief under other legislation or under the common law, including, but not limited to, damages for injury or loss resulting from the contamination.

PART 6

COST RECOVERY

Director's power on default

32          If a person fails

(a) to comply with an order made under Part 2 or 4 within the time specified in the order or any extension of time granted by the director; or

(b) to perform any obligation of the person under a site investigation agreement under section 5 within the time or in the manner specified in the agreement;

the director may do or direct another person to do the act or thing required by the order or agreement.

Debt due to government

33(1)       The costs incurred by the government in doing or causing to be done an act or thing that was required by an order or agreement referred to in section 32 are a debt due to the government by the person who failed to do the act or thing.

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.

Debt for amount payable

33(2)       If a person defaults in the payment of an amount payable to the government under any order or agreement made or approved under this Act, the amount is a debt due and payable to the government by the person.

S.M. 2012, c. 31, s. 21.

Certificate of debt

34(1)       The director may issue a certificate showing

(a) the name and address of a person (sometimes referred to in this Part as a "debtor") who is liable to pay and has not paid a debt due under this Act to the government or, where two or more persons are jointly and severally liable for the debt, the name and address of each of them;

(b) the amount of the debt; and

(c) the director's address for service;

and the certificate is evidence of the amount of the debt due to the government by the debtor or debtors at the time that the certificate is issued.

Filing of certificate

34(2)       A certificate issued under this section may be filed in the Court of Queen's Bench, and on being so filed,

(a) the obligation to pay the amount certified is enforceable as if it were a judgment of the court in favour of the Crown in right of Manitoba; and

(b) the certificate is deemed for the purposes of Part XIV of The Court of Queen's Bench Act to be an order of the court

(i) pronounced on the day the certificate is filed, and

(ii) on which post-judgment interest is payable under that Part.

Lien for debt due to government

35(1)       The government has, in addition to every other remedy it has for the recovery of a debt due to it under this Act by a debtor, a lien on every estate or interest in real property and personal property of the debtor, including property acquired by the debtor after the debt arose.

Extent of security

35(2)       A lien under subsection (1) in respect of a debt secures the payment of

(a) the principal amount of the debt and all interest payable thereon;

(b) all additional amounts that become due under this Act by the debtor, or for which the debtor becomes jointly and severally liable, to the government after the lien takes effect and before its discharge;

(c) disbursements for the registration and discharge of the lien or financing statement and reasonable searches for asserting the right of lien; and

(d) costs reasonably incurred by the government in retaking, holding, repairing, processing, preparing for disposition or disposing of property in respect of which the lien is registered.

When lien takes effect

35(3)       A lien under subsection (1) takes effect

(a) in relation to personal property of the debtor when a financing statement is registered in the personal property registry in respect of the debt; and

(b) in relation to real property of the debtor when the lien is registered against the property in a land titles office.

Lien against property acquired by creditor

35(4)       Subject to the terms of any agreement made under section 29, where a creditor becomes, through the enforcement of a security interest against a person who is or becomes a debtor under subsection (1), an owner of specific lands that include or form part of a contaminated site or an impacted site,

(a) the government shall be deemed to have a lien under subsection (1) against those lands to the same extent that it would have had if the person had continued to own the lands; and

(b) for the purposes of registering and enforcing the lien, the creditor shall be deemed to be a debtor in respect of those lands.

S.M. 2012, c. 31, s. 22.

Registration against real property

36(1)       The director may cause a lien under subsection 35(1) to be registered in a land titles office against specific lands of the debtor by filing a statement signed by the director setting out

(a) the address for service of the director;

(b) the full name of the debtor;

(c) the legal description of the land to be charged;

(d) where the land to be charged includes all or any part of the contaminated site or impacted site in respect of which the debt arose, a reference to the application of subsection (4); and

(e) any other matter prescribed by regulation;

and certifying the amount of the debt giving rise to the lien.

Registration on production

36(2)       A statement referred to in subsection (1) shall be registered on its production without an affidavit of execution.

Effect of registration

36(3)       From the time of registration of a lien under subsection (1), it binds and charges the debtor's interest in the land for the amount certified in the statement filed under that subsection plus the additional amounts, if any, determined under subsection 35(2) in respect of the lien and is enforceable as if it were a certificate of judgment under The Judgments Act.

Priority of lien

36(4)       Despite subsection (3) or any other Act, if specific lands of a debtor against which a lien is registered under subsection (1) include all or any part of the contaminated site or impacted site in respect of which the lien arose, the lien is payable in priority over all other claims or rights registered against those lands, other than a lien for wages under The Employment Standards Code or for municipal tax arrears, and, without limiting the generality of the foregoing, that priority extends over every registered mortgage, encumbrance, assignment, debenture or other security interest made, given, accepted, issued or arising before or after the coming into force of this section or before or after the lien arose.

Discharge of lien on real property

36(5)       The lien on real property given effect by the registration of a statement under subsection (1) in a land titles office may be discharged by the registration in the same office of a discharge signed by the director.

S.M. 2012, c. 31, s. 23.

Registration in Personal Property Registry

37(1)       The director may cause a financing statement to be registered in the personal property registry against a debtor under this Act.

Application of PPSA

37(2)       Subject to subsections (3) to (6), The Personal Property Security Act and the regulations under that Act apply in respect of a lien arising under subsection 35(1) in respect of personal property, with such modifications as the circumstances require.

Interpretation

37(3)       For the purpose of this section,

(a) the Crown in right of Manitoba is deemed to be a secured party under The Personal Property Security Act;

(b) the debtor is deemed to be a debtor under that Act; and

(c) a lien under subsection 35(1) in respect of the debt is deemed to be a security interest under that Act.

Perfection upon registration

37(4)       Upon registration of a financing statement under subsection (1) in respect of a debt, the lien arising under subsection 35(1) on personal property of the debtor is deemed to be a perfected security interest under The Personal Property Security Act.

37(5)       [Repealed] S.M. 1997, c. 24, s. 31.

Discharge of lien on personal property

37(6)       The lien on personal property given effect by the registration of a financing statement may be discharged by the registration in the personal property registry of a discharge executed by the director.

S.M. 1997, c. 24, s. 31; S.M. 2000, c. 6, s. 19.

Land sold for taxes

38          Despite any other Act, where land that includes all or any part of a contaminated site or an impacted site is sold for taxes after the commencement of remediation of the site and there is, at the time of the tax sale, a debt due under this Act to the government in respect of the site, the proceeds received by a municipality on the sale or, if title to the land vests in the municipality as a result of the tax sale proceeding, from a subsequent lease or disposition of the land, shall be applied

(a) firstly, to the payment of any taxes in arrears as of the date of the tax sale and any penalties in respect of those arrears; and

(b) secondly, subject to the terms of any agreement between the municipality and the director entered into in respect of the land, to the payment of all amounts that, immediately before the tax sale, were secured by a lien under subsection 36(4) and any interest that accrued after the tax sale in respect of those amounts.

S.M. 2012, c. 31, s. 24.

PART 7

APPEALS

APPEALS TO COMMISSION

Appeal from director's decision or order

39(1)       A person directly affected by a decision or order of the director made under Part 3 may appeal the decision or order to the commission by filing a notice of appeal with the commission within 14 days after service of a copy of the decision or order on the person, or within such further time as the commission permits.

Parties to appeal

39(2)       The parties to an appeal under this section are the persons directly affected by the decision or order appealed from, as determined by the director, and all other persons added by the commission as parties to the appeal.

Notice of appeal

39(3)       A person filing a notice of appeal under subsection (1) shall serve a copy of the notice on the director and on each other party to the appeal.

Stay of order or decision

39(4)       An appeal from a decision or order of the director does not stay the decision or order pending the hearing of the appeal, unless the commission orders a stay.

Hearing panel

40(1)       Despite subsection 6(9) of The Environment Act, an appeal under subsection 39(1) may be heard by one or more members of the commission selected by the chairperson of the commission and, where it is heard by more than one, the chairperson shall appoint a regular member of the commission to chair the hearing panel.

Scheduling a hearing

40(2)       On receiving a notice under subsection 39(1), the commission shall schedule a hearing of the appeal and notify the director and each party to the hearing of the time and place for the hearing.

Director entitled to be heard

40(3)       The director is entitled to be heard, by counsel or otherwise, on an appeal to the commission.

Evidentiary matters

41(1)       The commission may

(a) on notice to the parties to a hearing, before or during the hearing, carry out any investigation or inspection it considers necessary or advisable;

(b) adopt the director's findings of fact except insofar as a party to an appeal puts them in issue;

(c) receive evidence in any manner the commission considers appropriate; and

(d) consider relevant information in the possession of the director or that is otherwise obtained by the commission, if the commission informs the parties to the appeal of the nature of the information and gives them an opportunity to explain or refute it.

Opportunity to examine materials

41(2)        The commission shall give the parties to an appeal a reasonable opportunity to examine all material filed with the commission that is relevant to the appeal.

Powers of commission on appeal

42(1)       The commission may, on hearing an appeal from a decision or order of the director,

(a) confirm, vary or rescind the decision or order; or

(b) make any decision or order that the director could have made.

Order regarding costs of representation

42(2)       The commission may make any order it considers appropriate in respect of costs incurred by a party for appearing before, submitting evidence to and presenting argument to the commission on an appeal from an order or decision of the director, except that no costs shall be awarded against the director unless, in the opinion of the commission, the director acted in bad faith in making the decision or order appealed from.

Order regarding costs of hearing

42(3)       The commission may order a party to an appeal to pay or contribute to the costs of conducting the hearing of the appeal as determined by the commission in accordance with the regulations.

Notice of decision or order

42(4)       The commission shall, within 60 days after the hearing an appeal, provide a copy of its decision or order made under this section to each party to the appeal and cause a copy to be filed in the registry.

Record of hearing

43          The commission shall compile a record of each appeal heard by it under this Part, which shall include copies of

(a) the decision or order of the director appealed from;

(b) the notice of appeal to the commission;

(c) the notice of hearing by the commission;

(d) written submissions received by the commission; and

(e) the decision or order of the commission and a summary of its reasons for the decision or order.

Combined hearing

44          Despite sections 39 to 41, where, in the opinion of the commission, the parties to an appeal under section 39 in respect of a contaminated site would be substantially the same as the parties to an apportionment hearing in respect of the site and a significant portion of the evidence relevant to the appeal would be relevant to the apportionment hearing, the commission may adjourn the appeal hearing and schedule a combined hearing to consider both the appeal and the apportionment of responsibility for the costs of remediation.

APPEALS TO MINISTER

Appeal of remediation order

45(1)       A person named in a remediation order may, by written notice to the minister within 14 days after service of a copy of the order on the person, or such further time as the minister allows, appeal the order to the minister on any of the following grounds:

(a) that the level of remediation required is inappropriate;

(b) that the remedial measures are inappropriate;

(c) that the timing or manner of implementing the remedial measures is inappropriate.

Content of notice

45(2)       A notice of appeal under subsection (1) shall

(a) state the reasons for the appeal and the facts relied upon; and

(b) include evidence satisfactory to the minister that a copy of the notice has been provided to each other person named in the remediation order.

Minister may stay remediation order

45(3)       On receipt of a notice of appeal under subsection (1), the minister may stay the remediation order pending consideration of the appeal.

Minister's powers on appeal

45(4)       As soon as is reasonably practicable after receipt of a notice of appeal under subsection (1), the minister shall consider the appeal and all written submissions by other persons named in the remediation order received within 14 days after receipt of the notice and shall

(a) vary, confirm or rescind the order being appealed; or

(b) refer the matter back to the director for reconsideration in accordance with directions given by the minister.

Referral to commission

45(5)       The minister may, before taking any action under subsection (4), refer the matter to the commission to hold a public hearing and provide its advice and recommendations.

Appeal re costs of remediation

46(1)       A person who is responsible for the remediation of a contaminated site may, by written notice to the minister within 14 days after receiving notice of a determination under subsection 17(6) in respect of the site, or such further time as the minister allows, appeal the determination to the minister.

Notice of appeal

46(2)       A notice under subsection (1) in respect of a contaminated site shall

(a) state the reasons for the appeal and the facts relied upon; and

(b) include evidence satisfactory to the minister that a copy of the notice has been provided to each other person responsible for the remediation of the site.

Minister's powers on appeal

46(3)       As soon as is reasonably practicable after receipt of a notice under subsection (1), the minister shall consider the notice and all written submissions by other persons responsible for the remediation received within 14 days after receipt of the notice and shall

(a) vary or confirm the director's determination; or

(b) refer the matter back to the director for redetermination in accordance with directions given by the minister.

COURT OF APPEAL

Reference to Court of Appeal

47(1)       The commission may, of its own motion or on the application of a party to an apportionment hearing or an appeal to the commission, state a case in writing for the opinion of The Court of Appeal on a question of law or jurisdiction.

Decision of Court of Appeal

47(2)       The Court of Appeal shall hear and determine the stated case and remit it to the commission with its opinion.

Proceedings, etc. not stayed

47(3)       A case stated under this section does not stay a proceeding or a decision or order of the commission.

Director entitled to be heard

47(4)       The director is entitled to be heard, by counsel or otherwise, on the argument of a stated case.

Costs

47(5)       Costs shall not be awarded in a case stated under this section.

Appeal to Court of Appeal

48(1)       A decision or order of the commission may be appealed to The Court of Appeal by

(a) in the case of an apportionment order, the director or a party to the hearing who participated in the apportionment hearing in respect of which the order was made; or

(b) in the case of a decision or order made in respect of an appeal from a decision or order of the director, a party to the appeal who participated in the hearing of the appeal by the commission.

Appeal with leave

48(2)       An appeal under this section may be taken only

(a) on a question of jurisdiction or law; and

(b) with leave obtained from a judge of The Court of Appeal.

Time for application for leave

48(3)       An application for leave to appeal a decision or order of the commission shall be made within 14 days after the applicant receives a copy of the decision or order, or within such further time as the judge allows.

Commission entitled to be heard

49          The commission is entitled to be heard, through counsel or otherwise, on an application for leave to appeal and on an appeal.

Stay of commission's decision or order

50          An appeal from a decision or order of the commission stays the decision or order pending the hearing of the appeal, unless a judge of The Court of Appeal orders otherwise.

Court's powers on appeal

51          The Court of Appeal, on hearing an appeal may

(a) refer the matter back to the commission for a rehearing or further consideration in accordance with the determination of the court respecting the issues on appeal; or

(b) quash, vary or confirm the decision or order appealed from.

No other appeal or review

52          Except as provided in this Act, a decision or order of the director, the minister or the commission is final and binding and not subject to appeal or review.

PART 8

OFFENCES AND PENALTIES

Offences

53(1)       A person who

(a) contravenes or fails to comply with a provision of this Act or the regulations;

(b) hinders, obstructs or interferes with or attempts to hinder, obstruct or interfere with a commissioner, the director or an employee or agent of the commission or the government or any person acting under the authority of this Act in the exercise of a power or the performance of a duty under this Act; or

(c) contravenes or fails to comply with a decision or order of the director or the commission;

is guilty of an offence.

Officers and directors of corporations

53(2)       Every director, officer or agent of a corporation who authorizes or acquiesces or participates in an offence under this Act is guilty of an offence.

Penalties for individuals

53(3)       Except as provided in subsection (4), a person who is guilty of an offence under this Act is liable on summary conviction,

(a) for a first offence, to a fine of not more than $50,000. or imprisonment for a term of not more than six months, or both; and

(b) for each subsequent offence, to a fine of not more than $100,000. or imprisonment for a term of not more than one year, or both.

Penalties for corporations

53(4)       A corporation that is guilty of an offence under this Act is liable on summary conviction,

(a) for a first offence, to a fine of not more than $500,000.; and

(b) for each subsequent offence, to a fine of not more than $1,000,000.

Limitation period

53(5)       A prosecution for an offence under this Act may be commenced not more than one year after the day on which evidence sufficient to justify a prosecution for the offence came to the knowledge of an environment officer or the director; and the certificate of the environment officer or director as to the day on which the evidence came to his or her knowledge is evidence of that date.

PART 9

GENERAL PROVISIONS

Appointment of director and environment officers

54          The minister shall appoint one or more employees of the Department of Conservation and Water Stewardship as directors for the purposes of this Act and may appoint one or more employees of the department as environment officers for the purposes of this Act.

S.M. 2000, c. 35, s. 30; S.M. 2012, c. 40, s. 53.

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.

Access and fees

55(2)       The director shall provide for reasonable access to information in the registry and may impose fees in accordance with the regulations for supplying information from the registry.

S.M. 2012, c. 31, s. 25.

Commission's rules of procedure

56(1)       The commission may make or adopt rules governing procedure for hearings conducted by it under this Act.

Rules under Environment Act

56(2)       Unless adopted by the commission for the purpose of hearings conducted under this Act, rules made under the authority of subsection 6(8) of The Environment Act do not apply.

Manner of hearing

56(3)       A hearing under this Act by the commission may, with the consent of the parties, be conducted in writing or using telephone, video or other electronic media, if each party is given a reasonable opportunity to respond to all evidence received from and submissions made by each other party.

Membership of hearing panel

56(4)       Except as otherwise provided in this Act, a hearing panel of the commission shall consist of a minimum of three persons, and the chair of the panel shall be the chairperson of the commission or a person appointed by the chairperson from among the commission's regular members.

Chairperson may add members

56(5)       Subject to subsection (4), the chairperson of the commission may, with the approval of the minister, appoint one or more persons with specialized knowledge in contamination or remediation as members of a hearing panel, and each member so appointed shall have all the powers of a commissioner with respect to the hearing for which he or she is appointed.

Powers of commission

56(6)       Subject to subsection (7), for the purpose of carrying out its duties and functions under this Act, the commission has the same powers and protections and is subject to the same requirements as are conferred or imposed on commissioners appointed under Part V of The Manitoba Evidence Act.

Non-application of section 86 of Evidence Act

56(7)       Section 86 of The Manitoba Evidence Act does not apply to the commission.

Rules of evidence

56(8)       The commission is not bound by the rules of evidence applicable to judicial proceedings.

Director may establish guidelines

57(1)       The director may from time to time establish, revise or adopt guidelines, not inconsistent with the provisions of this Act or the regulations, that may be used by the director, the commission or the persons responsible for the investigation or remediation of a site in determining

(a) the levels and nature of substances that, when present at, on or under a site constitute contamination of the site;

(b) levels of contamination that require remediation;

(c) levels or methods of remediation that may be required to restore a site to an acceptable level of contamination;

(d) methods of investigating sites or of assessing risks to human health or the environment;

(e) what constitutes an insignificant contribution to the contamination of a site; or

(f) sensitive or significant areas of the environment.

Guidelines not binding

57(2)       The director, the commission and the persons responsible for the investigation or remediation of a site are not bound by any guideline made under subsection (1) except to the extent that it forms part of, or is incorporated by reference into, an order made under this Act.

Director may provide estimates

58          The director may from time to time provide to any person an estimate of the costs of an investigation or of remediation required or proposed to be carried out in respect of a site, but

(a) the director is not bound by the estimate; and

(b) the costs of remediation of the site for which one or more persons are responsible under this Act are not limited by the estimate.

Service of documents

59(1)       Any notice, order or other document required or permitted under this Act to be provided, given or issued to, or served on, a person may be provided, given, issued or served

(a) by handing it to the person or to an agent, director, officer or employee of the person;

(b) by sending it by prepaid, registered mail to the address of the person's residence or place of business last known to the person providing, giving, issuing or serving it; or

(c) in any other manner required or permitted by the commission or by regulation.

Receipt by mail

59(2)       A notice, order or other document sent by mail as permitted under clause (1)(b) is deemed to have been received on the fifth day after the day of mailing, unless the person to whom it is addressed establishes that, acting in good faith, he or she did not receive it or did not receive it until a later date, because of his or her absence or because of an accident, illness or another cause beyond his or her control.

Actual notice or receipt

59(3)       Despite the fact that a notice, order or other document is not provided, given or issued to or served on a person in accordance with this section, it is sufficiently provided, given, issued or served if it actually came to the attention of the person within the time permitted under this Act.

Regulations by L.G. in C.

60(1)       The Lieutenant Governor in Council may make regulations

(a) designating a class or classes of persons who may be held responsible under this Act for the remediation of a contaminated site;

(b) respecting the circumstances under which persons who would otherwise be held responsible for the remediation of a contaminated site may be exempted from that responsibility;

(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;

(c) prescribing one or more purposes for which expropriations may be carried out without the expropriating authority becoming potentially responsible for remediation under this Act;

(d) respecting costs incurred by the commission that may be included in the costs of remediation of a site or payable by order of the commission by a party to a hearing;

(e) respecting costs that may be included in the costs of remediation of a site;

(f) respecting fees that may be charged for providing certificates of compliance;

(g) respecting fees that may be charged for supplying information from the registry;

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

(h) respecting the form or content of records or information to be filed in the registry;

(i) defining any word or expression used in this Act but not specifically defined in this Act;

(j) respecting the powers or duties of environment officers;

(k) respecting the application of this Act or the regulations to one or more sites or classes of sites to which The Oil and Gas ActThe Mines and Minerals Act or The Peatlands Stewardship Act applies;

(l) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the intent and purpose of this Act.

Regulations by minister

60(2)       The minister may make regulations respecting

(a) information to be included or issues to be addressed in a remediation plan required to be filed with the director;

(b) information to be included in a certificate of compliance issued under subsection 19(1);

(c) information to be included in a notice, statement, lien or other document to be filed or registered under this Act in a land titles office or registry office;

(d) information to be served by a person making a request under subsection 11(1) or 12(1);

(e) the circumstances, terms or conditions under which the director may enter into a site investigation agreement under section 5;

(f) the manner in which any notice, order or other document under this Act or the regulations may be provided, given or issued to or served on any person;

(g) any matter referred to in clauses 57(1)(a) to (f).

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.

Development of regulations

60(3)       Except in circumstances considered by the minister to be of an emergency nature, in the formulation or substantive review of regulations respecting levels of contamination or standards of investigation or remediation, the minister shall provide an opportunity for public consultation and seek advice and recommendations regarding the proposed regulations or amendments.

S.M. 2012, c. 31, s. 26; S.M. 2014, c. 27, s. 61.

Immunity

61          No action lies and no proceeding may be brought against the Crown, the minister, the director or an employee or elected official of the government because of anything arising out of the administration of the powers, duties and functions under this Act, except where a person establishes that the Crown, minister, director, employee or elected official in bad faith did or failed to do anything required or permitted under this Act or the regulations to be done.

Compellability of witnesses

62          A commissioner, the director or an employee or agent of the commission or director shall not, in a civil action or proceeding, be required to testify about information or to produce documents or things obtained under this Act, except for the purpose of carrying out the person's duties under this Act.

Powers of environment officers

63          For the purpose of enforcing and administering this Act, an environment officer may at any reasonable time, and where requested upon presentation of an identification card issued by the minister,

(a) without a warrant, enter upon any land or enter any building, vehicle or other place and make such inspections as may be reasonably required to determine compliance with this Act, the regulations or any order or agreement made, approved or entered into under the authority of this Act;

(b) require the production of any record that the environment officer reasonably considers necessary for the purpose of enforcing and administering this Act, the regulations or any order or agreement made, approved or entered into under the authority of this Act; and

(c) examine and make copies of any record referred to in clause (b).

Order for entry

64(1)       Where a justice is satisfied by information under oath that there are reasonable grounds for believing that it is necessary for an environment officer to enter any building, vehicle or other place for the enforcement of this Act or the regulations or any order made under this Act, and

(a) a reasonable, unsuccessful effort to effect entry without the use of force has been made; or

(b) there are reasonable grounds for believing that entry would be denied without a warrant;

the justice may at any time, and where necessary upon ex parte application, issue an order authorizing an environment officer, and such other persons as may be named therein, with such peace officers as are required to assist, to enter the building, vehicle or other place and to take any action that an environment officer may take under section 63.

Warrant to enter and seize

64(2)       A justice who is satisfied by information under oath that there are reasonable and probable grounds for believing that

(a) an offence under this Act is being or has been committed; and

(b) there is to be found in any building, vehicle or other place in the province a record or other thing that affords evidence of the offence;

may at any time, and where necessary upon ex parte application, issue a warrant authorizing an environment officer, and such other persons as may be named in the warrant, with such peace officers as are required to assist, to enter and search the building, vehicle or other place for the record or thing, and to seize it and bring it before a justice, or report on it to a justice, to be dealt with according to law.

Assistance to environment officers

64(3)       The person in charge of a building, vehicle or other place referred to in clause 63(a) and any other person found in that place who is under that person's direction shall

(a) give the environment officer all reasonable assistance to enable the environment officer to carry out his or her functions under this Act or the regulations; and

(b) furnish the environment officer with any information he or she may reasonably require for the enforcement and administration of this Act, the regulations or any order or agreement made, approved or entered into under the authority of this Act.

Entry without trespass

65          Where it is necessary for a person to enter the lands or premises of another person in order to do anything authorized or required under this Act, the regulations or an order or direction made or given under this Act, the person may enter the lands or premises for that purpose, and the entry is deemed not to constitute a trespass.

66 to 69    

NOTE:  These sections contained consequential amendments to other Acts, which amendments are now included in those Acts.

C.C.S.M. reference

70          This Act may be cited as The Contaminated Sites Remediation Act and referred to as chapter C205 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

71          This Act comes into force on a day fixed by proclamation.

NOTE: S.M. 1996, c. 40 came into force by proclamation on May 15, 1997.