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The Contaminated Sites Remediation Act

C.C.S.M. c. C205

The Contaminated Sites Remediation Act

PART 1
PURPOSE, INTERPRETATION AND APPLICATION
1 (1) Purpose
(2) Principles of sustainable development
2 Definitions
3 (1) Application
(2) Orders under Dangerous Goods Handling and Transportation Act
(3) Application to sites under other Acts
(4) Obligations under other Acts
(5) Crown bound
PART 2
SITE INVESTIGATION AND DESIGNATION
3.1 Duty to notify director about contamination
4 (1) Site investigation
(2) Requirements of investigation order
(3) Further investigation or report
5 Agreement for site investigation
6 Access to site
7 (1) Designation of contaminated site
(2) Revocation of designation
7.1 (1) Designation of impacted site
(2) Notice of designation in registry
(3) Notice to owner
7.2 (1) Revocation of designation
(2) Notice of revocation
7.3 (1) Application for determination of responsibility
(2) Application requirements
(3) Responsibility for remediation of impacted site
7.4 (1) Appeals re impacted sites subject to determination of responsibility of remediation
(2) Procedures re appeals under Part 3
(3) Procedures re appeals of remediation order
(4) Procedures re appeal of costs of remediation
(5) No other appeal or review
8 Further investigation of contaminated site
PART 3
PERSONS RESPONSIBLE FOR REMEDIATION OF CONTAMINATED SITES
9 (1) Persons potentially responsible for remediation
(2) Persons not responsible for remediation
(3) Exemption for minor contributor
10 (1) Designation of potentially responsible persons
(2) Notice to potentially responsible persons
11 (1) Claim for exemption
(2) Contents of request
(3) Director to determine eligibility
(4) Referral to commission
12 (1) Request to name additional persons
(2) Requirements of request
(3) Director to consider request
13 Director may designate additional persons
14 (1) Notice of additional designation
(2) Notification of changes to potentially responsible persons
PART 4
REMEDIATION
REMEDIATION OF IMPACTED SITES
14.1 (1) Duty to file remediation plan for impacted site
(2) Remediation plan requirements
14.2 Consultation on remediation plan
14.3 (1) Remediation order for impacted site
(2) Remediation order if no plan filed
(3) Contents of remediation order
(4) Further or amended orders
(5) Notice of remediation order
14.4 Director may undertake emergency remediation
REMEDIATION OF CONTAMINATED SITES
15 (1) Order for remediation plan
(2) Time for filing remediation plan
16 (1) Consultation regarding remediation plan
(2) Review of remediation plan by commission
(3) Consultation during apportionment hearing
(4) Commission to hold public hearing
(5) Application of Environment Act
17 (1) Remediation order
(2) Contents of remediation order
(3) Further or amended orders
(4) Notice of remediation order
(5) Director may undertake remediation in emergency
(6) Determining costs of remediation
GENERAL PROVISIONS RESPECTING REMEDIATION
17.1 (1) No remediation unless authorized
(2) Remediation requirements
18 Factors relevant to remediation requirements
18.1 Access order
19 (1) Certificate of compliance
(2) Contents of certificate
(3) Certificate for remediation without order
(4) Filing of certicate
20 No licence required under Environment Act
PART 5
APPORTIONMENT OF RESPONSIBILITY FOR REMEDIATION
21 Factors re responsibility for remediation
APPORTIONMENT BY AGREEMENT
22 (1) Apportionment agreement
(2) Appointment of mediator
(3) Relevant factors
(4) Notice of rejection
APPORTIONMENT BY ORDER OF THE COMMISSION
23 (1) Request for apportionment by the commission
(2) Referral to commission
(3) Early referral to commission
(4) Commission to schedule hearing
24 (1) Parties to hearing
(2) Additional parties
(3) Recommencement of hearing
25 Director entitled to be heard
26 (1) Decision regarding apportionment
(2) Assigning responsibility
(3) Limitation
(4) Contributions in kind
27 (1) Party's costs of hearing
(2) Commission's costs of hearing
LIMITS OF RESPONSIBILITY
28 (1) Personal liability of trustee, receiver or receiver manager
(2) Limit of liability for trustee, receiver or receiver manager
29 (1) Agreement limiting liability
(2) Cost recovery under agreement
30 (1) Joint liability for amounts in default
(2) Notice and grace period
(3) Continuing liability
31 Effect of apportionment
PART 6
COST RECOVERY
32 Director's power on default
33 (1) Debt due to government
(1.1) Costs of emergency remediation a debt to government
(2) Debt for amount payable
34 (1) Certificate of debt
(2) Filing of certificate
35 (1) Lien for debt due to government
(2) Extent of security
(3) When lien takes effect
(4) Lien against property acquired by creditor
36 (1) Registration against real property
(2) Registration on production
(3) Effect of registration
(4) Priority of lien
(5) Discharge of lien on real property
37 (1) Registration in Personal Property Registry
(2) Application of PPSA
(3) Interpretation
(4) Perfection upon registration
(5) Repealed
(6) Discharge of lien on personal property
38 Land sold for taxes
PART 7
APPEALS
APPEALS TO COMMISSION
39 (1) Appeal from director's decision or order
(2) Parties to appeal
(3) Notice of appeal
(4) Stay of order or decision
40 (1) Hearing panel
(2) Scheduling a hearing
(3) Director entitled to be heard
41 (1) Evidentiary matters
(2) Opportunity to examine materials
42 (1) Powers of commission on appeal
(2) Order regarding costs of representation
(3) Order regarding costs of hearing
(4) Notice of decision or order
43 Record of hearing
44 Combined hearing
APPEALS TO MINISTER
45 (1) Appeal of remediation order
(2) Content of notice
(3) Minister may stay remediation order
(4) Minister's powers on appeal
(5) Referral to commission
46 (1) Appeal re costs of remediation
(2) Notice of appeal
(3) Minister's powers on appeal
COURT OF APPEAL
47 (1) Reference to Court of Appeal
(2) Decision of Court of Appeal
(3) Proceedings, etc. not stayed
(4) Director entitled to be heard
(5) Costs
48 (1) Appeal to Court of Appeal
(2) Appeal with leave
(3) Time for application for leave
49 Commission entitled to be heard
50 Stay of commission's decision or order
51 Court's powers on appeal
52 No other appeal or review
PART 8
OFFENCES AND PENALTIES
53 (1) Offences
(2) Officers and directors of corporations
(3) Penalties for individuals
(4) Penalties for corporations
(5) Limitation period
PART 9
GENERAL PROVISIONS
54 Appointment of director and environment officers
55 (1) Registry
(2) Access and fees
56 (1) Commission's rules of procedure
(2) Rules under Environment Act
(3) Manner of hearing
(4) Membership of hearing panel
(5) Chairperson may add members
(6) Powers of commission
(7) Non-application of section 86 of Evidence Act
(8) Rules of evidence
57 (1) Director may establish guidelines
(2) Guidelines not binding
58 Director may provide estimates
59 (1) Service of documents
(2) Receipt by mail
(3) Actual notice or receipt
60 (1) Regulations by L.G. in C.
(2) Regulations by minister
(2.1) Standards adopted by regulation
(3) Development of regulations
61 Immunity
62 Compellability of witnesses
63 Powers of environment officers
64 (1) Order for entry
(2) Warrant to enter and seize
(3) Assistance to environment officers
65 Entry without trespass
66 to 69
70 C.C.S.M. reference
71 Coming into force