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The Dangerous Goods Handling and Transportation Act
This is an unofficial version.
If you need an official copy, use the bilingual (PDF) version.

This version is current as of September 28, 2016.
It has been in effect since June 13, 2006.

Note: Earlier consolidated versions are not available online.


 

C.C.S.M. c. D12

The Dangerous Goods Handling and Transportation Act

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

Definitions

1           In this Act

"analyst" means a person so designated or appointed by the minister; (« analyste »)

"Clean Environment Commission" means the commission as established under The Environment Act; (« Commission de protection de l'environnement »)

"container" means a single-use or reusable container or package, or the part of a means of transport, that is or may be used to contain any quantity of bulk or packaged goods, including, but not limited to, dangerous goods or contaminants; (« contenant » ou « conteneur »)

"contaminant" means any solid, liquid, gas, waste, radiation or any combination thereof that is foreign to or in excess of the natural constituents of the environment and

(a) that affects the natural, physical, chemical or biological quality of the environment, or

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

"dangerous good" means a product, substance or organism that

(a) is prescribed, designated or classified as a dangerous good or hazardous waste in the regulations, or

(b) by its nature conforms to the classification criteria for one or more classes of dangerous goods or hazardous wastes set out in the regulations; (« marchandises dangereuses »)

"department" means the department of government over which the minister presides and through which this Act is administered; (« ministère »)

"director" means an employee of the department so designated or appointed by the minister; (« directeur »)

"domestic quantities" means quantities packaged, marketed and being handled in a single household; (« quantités domestiques »)

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

"environmental accident" means a release, leakage or spillage of a contaminant into the environment otherwise than in accordance with the provisions of this Act, its licences, orders and regulations or The Environment Act, its orders and regulations, or an incident which may or is likely to result in such a release, leakage or spillage, which, having regard to the environment in which the release, leakage or spillage takes place or may take place, and to the nature of the contaminant, creates or may create a hazard to human life or health, to other living organisms, or to the physical environment; (« accident ayant une incidence sur l'environnement »)

"environmental assessment and review process" means any process set out in The Environment Act to provide government and public scrutiny of environmentally significant undertakings; (« procédé d'évaluation et d'examen relatifs à l'environnement »)

"environmental emergency" means an environmental accident which creates an immediate or imminent hazard which requires the taking of prompt emergency measures to protect persons, property and the environment; (« situation d'urgence »)

"environmental health" means those aspects of human health that are or can be affected by chemical or physical agents or the sanitary condition of water, wastes or food; (« salubrité de l'environnement »)

"environment officer" means a department employee so designated or appointed by the minister; (« agent de l'environnement »)

"generate" means to cause or allow to cause, by virtue of ownership, management, operation or control, the creation or storage of hazardous waste; (« générer »)

"handling", in relation to a dangerous good, means

(a) loading, unloading, packing or unpacking it in a container for the purposes of, in the course of or following transportation, and includes storing it in the course of transportation,

(b) manufacturing, generating, using, applying, transporting, processing, mixing, packaging or selling it,

(c) storing it other than in the course of transportation, or

(d) offering it for sale or for transport; (« manutention »)

"hazardous situation" means a condition, which in the opinion of an inspector or environment officer will or may result in imminent risk of serious injury or damage to the health or safety of a person, the environment, or plant or animal life; (« situation dangereuse »)

"hazardous waste" means a product, substance or organism that

(a) is prescribed, designated or classified as hazardous waste in the regulations, or

(b) by its nature conforms to the classification criteria for one or more classes of hazardous wastes set out in the regulations; (« déchets dangereux »)

"hazardous waste disposal facility" means a facility or place operated in whole or in part for the purpose of treatment, disposal or bulk storage of hazardous waste but does not include a facility or place approved by the director

(a) that treats, stores or disposes of hazardous wastes on the generation site, or

(b) that treats or stores hazardous wastes as part of a process for the recycling, reuse or reclamation of hazardous wastes. (« installation d'élimination de dechets dangereux »)

"hold order" means a written instruction prohibiting the movement, transfer, transport, sale or disposal of a dangerous good until such time as the hold order is withdrawn; (« ordre d'arrêt »)

"inspector" means a person so designated or appointed by the minister; (« inspecteur »)

"licensable hazardous wastes" means hazardous wastes, classes or volumes or quantities of hazardous wastes designated by the regulations; (« déchets dangereux pouvant faire l'objet d'une licence »)

"means of transport" means a vehicle, a railway car or other railway equipment, an intra-provincial pipeline or another contrivance that is or may be used

(a) to transport persons or goods, including dangerous goods, or

(b) to offer for transport or otherwise handle dangerous goods; (« moyen de transport »)

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

"municipality" means any locality the inhabitants of which are incorporated and continued under the authority of The Municipal Act, The Local Government Districts Act or any other Act of the Legislature and includes a rural municipality, an incorporated city, town or village, and a local government district; (« municipalité »)

"offer for transport" means

(a) select, or allow another person to select, a carrier to transport a dangerous good,

(b) present, place, position or otherwise prepare a dangerous good so that a carrier can transport it, or allow another person to do any of those things, or

(c) allow a carrier to take possession of a dangerous good for transportation; (« demande de transport »)

"prescribed document" means a shipping document or other document, prescribed in the regulations, that must accompany a dangerous good, or otherwise be used, in the circumstances prescribed in the regulations; (« document réglementaire »)

"proprietary information" means information or data provided to the department on a confidential basis, the criteria for which are outlined in the regulations, or is negotiated between the department and the provider of the information; (« renseignements privés »)

"regional collection facility" means a facility to store hazardous wastes in transit to a hazardous waste disposal facility; (« installation régionale de collecte »)

"safety mark" means a design, symbol, device, sign, label, placard, letter, word, number or abbreviation, prescribed in the regulations, or any combination of these things, that is to be displayed

(a) on dangerous goods or containers for dangerous goods, and

(b) on means of transport used in transporting, offering for transport or otherwise handling dangerous goods, or at facilities used in those activities,

to show the nature of the danger, or to indicate compliance with the safety standards prescribed for the containers, the means of transport or the facilities; (« indication de danger »)

"safety requirement" means a requirement, prescribed in the regulations, for transporting, offering for transport or otherwise handling dangerous goods, for reporting any of those activities and for training persons engaged in any of those activities; (« règles de sécurité »)

"safety standard" means a standard, prescribed in the regulations, regulating the design, construction, equipment, function or performance of containers or facilities used or intended to be used in transporting, offering for transport or otherwise handling dangerous goods; (« normes de sécurité »)

"shipping document" means a document, prescribed in the regulations, that relates to dangerous goods that are being transported, offered for transport or otherwise handled and that contains the information relating to the goods required by this Act or the regulations, but does not include an electronic record; (« document d'expédition »)

"transport" means haul, move, convey or deliver dangerous goods using a means of transport; (« transport »)

"vehicle" means a vehicle as defined in The Highway Traffic Act. (« véhicule »)

R.S.M. 1987 Supp., c. 31, s. 6; S.M. 1989-90, c. 90, s. 10; S.M. 1989-90, c. 37, s. 2; S.M. 1990-91, c. 12, s. 5; S.M. 1993, c. 48, s. 56; S.M. 2000, c. 35, s. 34; S.M. 2006, c. 4, s. 2.

Non-application of Act

2(1)        This Act and regulations do not apply to the handling of domestic quantities of dangerous goods.

Non-application of Act

2(2)        This Act does not apply to any offering for transport or the transportation of dangerous goods

(a) exempted by the regulations; or

(b) that are under the sole direction or control of the Minister of National Defence for Canada.

Crown bound

2(3)        This Act binds the Crown.

Handling of dangerous goods in accordance with Act

3           No person shall handle or dispose of dangerous goods or cause dangerous goods to be handled or disposed of except in compliance with this Act and the regulations.

Director

4           The minister may appoint or designate an employee of the department as a director for the purposes of this Act.

Inspectors

5(1)        The minister may appoint or designate persons as inspectors for the purposes of this Act.

Designation of federal employees as inspectors

5(2)        The minister may, in addition or in lieu of appointing or designating inspectors under subsection (1), pursuant to any agreement entered into with the Government of Canada, or any municipal corporation designate persons employed by that government or municipal corporation or any agency of that government or municipal corporation as inspectors for the purposes of this Act.

Environment officers

6           The minister may appoint or designate employees of the department as environment officers for the purpose of this Act.

Appointment of advisory committee

7(1)        The minister may establish and appoint the members of such advisory committees as he considers desirable for the purpose of advising and assisting him in carrying out the purposes and provisions of this Act.

Expenses of members of advisory committees

7(2)        Each member of an advisory committee may be paid such travelling and out-of-pocket expenses necessarily incurred by that person in discharging his duties as a member of the committee as may be approved by the minister.

Licence to handle licensable hazardous wastes

8(1)        No person shall handle licensable hazardous wastes unless that person or that person's employer is in possession of a valid and subsisting licence issued by the director for the purpose specified on the licence.

Licence to transport hazardous waste

8(2)        No person shall

(a) accept for transport hazardous wastes generated in Manitoba; or

(b) transport hazardous wastes into Manitoba for storage, treatment or disposal;

unless that person or that person's employer is in possession of a valid and subsisting licence issued by the director, or by any other person authorized to issue a licence in the province wherein the transporter is based.

Hazardous waste to be disposed of at licensed facility

8(3)        No person shall dispose of hazardous wastes, or cause hazardous wastes to be disposed of, except at a licensed hazardous waste disposal facility or in a manner approved or specified by the director or an environment officer.

Licence to operate hazardous waste disposal facility

8(4)        No person shall operate or cause to be operated a hazardous waste disposal facility unless the person is in possession of a valid and subsisting licence or temporary operating permit for that facility, issued by the director.

Application for licence or temporary operating permit

8(5)        Where, on the coming into force of this Act, a person owns or operates a hazardous waste disposal facility without the required licence, that person shall, within 90 days after the coming into force of this Act, apply in writing to the director, for a licence or a temporary operating permit to operate the facility.

Licence to handle licensable hazardous wastes

8(6)        Where, in the coming into force of this Act, a person is handling licensable hazardous wastes without the required licence, that person shall, within 90 days after the coming into force of this Act, apply in writing to the director, for a licence to handle the licensable hazardous wastes.

Licence to transport hazardous wastes

8(7)         Where, on the coming into force of this Act, a person is transporting hazardous waste without the required licence, that person or that person's employer shall, within 90 days after the coming into force of this Act, apply in writing to the director, for a licence to transport hazardous wastes.

Certain operations not contraventions under Act

8(8)        Continued operation of a hazardous waste disposal facility, or continued handling of licensable hazardous waste, or continued transport of hazardous wastes, from the date of coming into force of this Act until the date of receipt of, a licence or permit by the operator or rejection of a licence or permit by the director is not a contravention of this Act.

Prior registration to handle hazardous waste

9(1)        No person shall

(a) generate hazardous waste; or

(b) permit hazardous waste to leave the premises where it was generated; or

(c) store or provide storage facilities for hazardous waste generated by another person;

unless that person or that person's employer is registered with the department in accordance with the regulations.

Registration of existing handling of hazardous waste

9(2)        Where a substance is designated as a hazardous waste under the regulations, any person handling that hazardous waste shall, within 90 days from the date of the designation, register with the department in accordance with the regulations.

Certain continued handling not a contravention

9(3)        Continued handling of a hazardous waste between the date of the designation and the 90 days referred to in subsection (2) is not a contravention of this Act.

Action by director upon receipt of application

10(1)       Upon receipt of an application for

(a) a licence or temporary operating permit to operate a hazardous waste disposal facility; or

(b) a licence to handle licensable hazardous wastes; or

(c) a licence to transport hazardous wastes;

as required under section 8, the director may require such plans, maps, specifications, drawings, or other information with respect to the handling of the hazardous wastes as he deems necessary.

Environmental review and assessment

10(2)       As part of the review and assessment of an application for a licence to operate a hazardous waste disposal facility, the director may require the applicant to comply with an environmental assessment and review process specified by the director.

Factors to consider

10(3)       In deciding whether to take any action under subsection (2), the director shall consider all the relevant factors, including

(a) the proximity of the proposed facility to a residential area;

(b) the toxicity of the hazardous waste to be disposed of at the facility; and

(c) the type of facility and its proposed capacity.

S.M. 1996, c. 25, s. 2.

Director may issue or refuse to issue licence or permit

11(1)       Following his review and consideration of an application for a licence or permit as required by section 8, the director may

(a) issue a licence with or without such specifications, limits, terms and conditions or with a requirement for such modifications as he considers necessary; or

(b) refuse to issue the licence; or

(c) in the case of a hazardous waste disposal facility, issue a temporary operating permit with or without such specifications, limits, terms and conditions or with a requirement for such modifications as he considers necessary; or

(d) in the case of a hazardous waste disposal facility, refuse to issue the temporary operating permit applied for;

and where specifications, limits, terms and conditions are imposed, the person shall comply with those limits, terms and conditions including the modifications, if any, required by the director.

Suspension or cancellation of licence or permit

11(2)       The director may suspend, withdraw or cancel a licence or permit issued in accordance with subsection (1) where any provision of the licence, permit, this Act or a regulation is found to have been violated, or where in his opinion a hazardous situation exists.

Manifest

12          No person shall consign, transport, or accept for transportation, storage, treatment or disposal of hazardous waste unless the waste is accompanied by a manifest which is duly completed and processed in accordance with the regulations.

Various orders by director

13          The director may by order

(a) direct any person handling or disposing of dangerous goods or contaminants to furnish all information specified in the order that he has in his possession or may reasonably be expected to have access to relating to the dangerous goods or contaminants;

(b) restrict or place conditions on the handling or disposal of any dangerous goods or contaminants in Manitoba;

(c) prohibit or restrict the sale or distribution of any crop, food, feed, plant, water, produce or other material which is exposed or may have been exposed to dangerous goods or contaminants, and cause any or all of them to be destroyed or decontaminated or otherwise rendered harmless;

(d) require any person handling or disposing of dangerous goods or contaminants to develop and submit to the director a security plan that is acceptable to the director concerning the dangerous goods or contaminants and the person's activities, equipment and facilities;

(e) require a person who submits a security plan to execute the plan, or any aspect of it, with or without conditions;

(f) require any person handling or disposing of dangerous goods or contaminants to implement any security measures that the director considers appropriate to enhance the security of the dangerous goods or contaminants and the person's activities, equipment and facilities.

S.M. 2002, c. 26, s. 2.

Safe handling required

14          No person shall transport, offer for transport or otherwise handle a dangerous good unless

(a) the person complies with all applicable safety requirements;

(b) the good is accompanied by all applicable prescribed documents; and

(c) the container and means of transport comply with all applicable safety standards and display all applicable safety marks.

S.M. 2006, c. 4, s. 3.

Misleading safety marks

14.1        No person shall display a safety mark on a container or means of transport, or at a facility, if the mark is misleading as to the presence of danger, the nature of any danger or compliance with any prescribed safety standard.

S.M. 2006, c. 4, s. 3.

15          Repealed.

S.M. 2006, c. 4, s. 4.

Remedial order

16(1)       The director may issue a remedial order under this section if the director is of the opinion that dangerous goods or contaminants may cause a significant adverse effect on an area of the environment.

To whom order may be directed

16(2)       A remedial order may be directed to any one or more of the following persons:

(a) the person who owns or occupies the affected area;

(b) repealed, S.M. 1996, c. 40, s. 66;

(c) any person who owns or has possession, charge or control of the dangerous goods or contaminants;

(d) repealed, S.M. 1996, c. 40, s. 66;

(e) repealed, S.M. 1996, c. 40, s. 66.

Requirements of remedial order

16(3)       A remedial order may require the person to whom it is directed to do any work or carry out any measures the director considers necessary to prevent contamination or secure the affected area and the environment affected by it, including, but not limited to, any or all of the following:

(a) investigate the situation and provide the director with any information the director requires;

(b) monitor, measure, contain, remove, label, store, destroy or otherwise dispose of the dangerous goods or contaminants and materials affected, or lessen or prevent further introduction into the environment or control the rate of introduction into the environment of the dangerous goods or contaminants;

(c) construct, install or modify any equipment, facility or thing specified in the order;

(d) undertake tests, monitoring and recording and prepare and submit any records, plans and reports the director requires;

(e) restrict or prohibit the use of the affected area or the use of any product or substance that comes from the affected area.

Additional requirements

16(4)       In addition to the requirements set out in subsection (3), a remedial order may contain provisions

(a) fixing the manner or method of, or the procedures to be used in, carrying out the measures required by the order; and

(b) fixing the time within which any measure required by the order is to be commenced and the time within which the order or any part of the order is to be complied with.

S.M. 1992, c. 25, s. 2; S.M. 1996, c. 40, s. 66.

Order to lessen risk of escape or spillage of any dangerous goods

17          Where a person has possession, charge or control of dangerous goods, the director may, where he considers it reasonable and necessary to lessen the risk of an escape or spill thereof, order that person

(a) to undertake investigations, tests, surveys, and other action the director considers necessary to determine the magnitude of the risk and report the results to the director; or

(b) to prepare in accordance with the director's direction, a contingency plan containing information required by the director.

S.M. 1996, c. 25, s. 3.

Powers of environment officers and inspectors

18(1)       An environment officer or inspector may, for the purpose of enforcing this Act or the regulations, or an order under this Act or the regulations,

(a) at any reasonable time and without a warrant, enter and inspect any place or premises, other than a dwelling, or any means of transport, in which the environment officer or inspector reasonably believes there is or has been a dangerous good or contaminant or anything relating to a dangerous good or contaminant;

(b) to determine compliance with this Act or a regulation or order,

(i) inspect and test any installation, equipment or machinery, or any process of handling or disposal relating to a dangerous good or contaminant, at or in a place, premises or means of transport entered under clause (a),

(ii) open, inspect and test any container, or its contents, located at or in a place, premises or means of transport entered under clause (a), and

(iii) take and retain, for purposes of testing or analysis, samples of any raw or manufactured substance or material used in or relating to any installation, equipment, machinery, process, container or contents inspected or tested under subclause (i) or (ii);

(c) stop, detain or cause to be detained a means of transport that contains or has contained, or that the inspector reasonably believes contains or has contained, a dangerous good or contaminant or anything relating to a dangerous good or contaminant;

(d) examine and copy, or require a person to produce for examination and copying, any document

(i) that this Act or a licence, order or regulation under this Act requires any person to prepare or keep, or

(ii) that the inspector reasonably believes contains information relevant to the administration of this Act; and

(e) for the purpose of copying a document mentioned in clause (d), remove it for as long as is necessary to make the copy.

Presentation of identification

18(1.1)     In exercising a power under this section, an environment officer or inspector must, upon request by the person in charge of the place, premises or means of transport, present the identification card issued to him or her by the minister.

Assistance to inspectors and environment officers

18(2)       The owner or person who has charge, management or control of any building, place, container or means of transport inspected pursuant to this Act or the regulations shall give an environment officer or inspector all reasonable assistance in his or her power to enable the inspector and environment officer to carry out his or her duties under this Act.

S.M. 2006, c. 4, s. 5.

Hold orders

19(1)       An environment officer or inspector may issue a hold order to a person who is storing, offering for transport, transporting or otherwise handling, or is receiving, a dangerous good or contaminant which the environment officer or inspector believes is causing or may cause a hazardous situation.

Compliance with hold order

19(2)       No person shall move, transport, sell, transfer or dispose of a dangerous good or contaminant for which a hold order has been issued until such time as the hold order has been rescinded by the environment officer or inspector, or by the director.

Expiry of hold order

19(3)       A hold order issued pursuant to subsection (1) shall expire after five clear days from the date of issuance thereof unless withdrawn by the issuing inspector or an environment officer, or extended by an environment officer.

Abatement of damages

19(4)       Notwithstanding subsections (1) and (2), a person to whom a hold order is issued may, in the event of an accident, take whatever corrective action is necessary to abate the discharge and clean the area affected.

Report to department

19(5)       Where corrective action is taken in accordance with subsection (4), the person taking or initiating the action shall immediately report the accident and the action taken and provide a follow up report as may be requested by an environment officer to the department using the fastest possible means.

S.M. 2006, c. 4, s. 6.

Powers of environment officer

20          An environment officer may, where in his opinion such action is necessary to avert a hazardous situation, by written order, require any person handling, owning or having custody or control of any dangerous goods in any location within the province

(a) to remove the dangerous goods from the location; or

(b) to dispose of the dangerous goods in accordance with the regulations or as prescribed in the order; or

(c) to take special precautions and to keep records in respect of the handling of the dangerous goods; or

(d) to do any one or more of the things mentioned in clauses (a), (b) and (c).

Termination, variation, etc. of order

21          An order or any part of an order issued by the director, environment officer or inspector, may in writing be terminated, varied, suspended or extended by the director or by the person who issued the order.

Director may cause work to be done

22(1)       If an order is issued to a person under this Act or the regulations to do any thing and the person fails to comply with the order, the director may cause to be done any thing required by the order.

Order to pay costs

22(2)       The director may issue an order to pay the costs of doing any thing caused to be done by the director under this Act to any person required by an order made under this Act or the regulations to do the thing.

Subsequent order to pay costs

22(3)       If, after the director causes any thing to be done under this Act or the regulations, the director learns the identity of a person to whom an order requiring the thing to be done could have been issued under this Act, the director may issue an order to pay the costs of doing the thing to that person.

Costs that may be included in an order

22(3.1)     Without limiting the generality of subsections (2) and (3), the costs that may be included in an order to pay costs under this section include, but are not limited to,

(a) costs incurred by the government for third-party goods and services to carry out any part of an order under subsection (1); and

(b) the costs to the government of using government employees, equipment or materials to carry out any part of an order under subsection (1).

Amount recoverable as debt

22(3.2)     The amount to be paid by a person under an order to pay costs under this section is a debt due by the person to the government and is recoverable as such in a court of competent jurisdiction.

Certificate of debt

22(4)       The minister may issue a certificate as to the amount of the debt and file it in the Court of Queen's Bench.  Once filed, it may be enforced against the person as a judgment of the court in favour of the government.

S.M. 1992, c. 25, s. 3; S.M. 1996, c. 25, s. 4; S.M. 2006, c. 4, s. 7.

Obstruction

23          No person shall obstruct or attempt to obstruct the director, environment officer, inspector or any other person in the performance of his duties or the exercise of his authority under this Act or the regulations.

Appeals from actions of environment officers and inspectors

24(1)       Except as may be otherwise provided, any person who is aggrieved by any order, decision, instruction or directive of an environment officer or inspector may, within five days from the date of the issuance of the order, decision, instruction or directive, in writing appeal therefrom to the director.

Action by director on appeal

24(2)       Where an appeal is made to the director under subsection (1) the director, on such considerations as he deems advisable, may

(a) vary the order, decision, instruction, or directive; or

(b) cancel the order, decision, instruction, or directive; or

(c) dismiss the appeal;

and the director shall notify the appellant of the disposition of the appeal within five days from the date of receipt of the appeal.

Appeals from director's actions

25          Except as may be otherwise provided, any person who is aggrieved by

(a) the issuance of a licence or a permit by the director; or

(b) the refusal by the director to issue a licence or permit; or

(c) any order, decision, instruction, or directive of the director; or

(d) the imposition of terms and conditions on a licence or permit; or

(e) the disposition of an appeal under section 24;

may, within 30 days from the date of the issuance, refusal to issue, or from the date of the order, decision, instruction, directive, imposition or disposition, in writing appeal therefrom to the minister.

Disposition of an appeal by the minister

26(1)       Where an appeal is made to the minister under section 25, the minister on such considerations as he deems advisable, may,

(a) where the appeal is against the issuance of a licence or permit, order that the licence or permit be cancelled; or

(b) where the appeal is against the refusal to issue a licence or permit order that the licence or permit be issued with or without terms and conditions; or

(c) where the appeal is against an order, decision, instruction or directive, vary the order, decision, instruction or directive; or

(d) where the appeal is against the terms and conditions of a licence, vary the terms and conditions of the licence or permit; or

(e) dismiss the appeal;

and the decision of the minister, subject to section 27, is final and not subject to any further appeal.

Appeal does not operate as stay of order, etc.

26(2)       An appeal filed in accordance with section 25, does not suspend the decision appealed against; but the minister may suspend the operation of the decision until the appeal is disposed of.

Disposition of appeal by minister

26(3)       Where the appeal is against the disposition of an appeal by the director under subsection 24(2), the minister may

(a) vary the original order, decision, instruction or directive appealed against; or

(b) cancel the original order, decision, instruction or directive appealed against; or

(c) dismiss the appeal;

and the minister shall notify the appellant of the disposition of the appeal within five days from the date of the receipt of the appeal, and the decision of the minister is final and not subject to any further appeal.

Variation or reversal of minister's decision

27          Notwithstanding subsection 26(1), where the minister is satisfied on the basis of new evidence or information furnished to him that it would be in the best interest of justice to reconsider his decision, he may, subject to the approval of the Lieutenant Governor in Council, vary or reverse his decision.

Reporting of environmental accident

28          Every person responsible for and every person having the custody and control of, any contaminant involved in an environmental accident shall immediately after the occurence of the environmental accident report the accident and the details thereof in accordance with the regulations and shall follow the instructions of an environment officer with respect to the accident.

Special powers of environment officers and inspectors

29(1)       An environment officer or an inspector for the purposes of this Act and the regulations in case of an environmental accident, may without a warrant

(a) enter any land or premises without the consent of the owner or occupant thereof; or

(b) control, contain or dispose of or cause to be controlled, contained or disposed of any contaminant or dangerous goods which are or may create a hazard to human life or health, to other living organisms or to the physical environment; or

(c) move property, erect structures, make excavations, drill holes or cause such actions to be taken, and cause such other action to be taken as may be necessary to discover the extent of the hazards created by the environmental accident to reduce the hazards caused thereby, to abate or control any discharge or release of any contaminant or to clean and restore the environment; or

(d) take such other emergency measures, or cause such other emergency measures to be taken, that are practicable and reasonable to protect persons, property and the environment; or

(e) do any or all of the things mentioned in clauses (a), (b), (c) and (d).

Non-application of section 24

29(2)       Section 24 does not apply to an order, decision, instruction or directive requiring a person to clean up or take any other action pursuant to subsection (1); but nothing in this section deprives a person who incurs cost in complying with an order, decision, instruction or directive from recovering those costs from another person where he believes that another person is responsible for complying with the order, decision, instruction, or directive.

Issuance of instructions by environment officer

30(1)       Upon receipt of a report of an environmental accident, an environment officer may issue instructions to the person reporting the accident, or to any other person the environment officer considers qualified, to offer assistance in the performance of the functions outlined in section 29.

Persons as agents of government

30(2)       Where a person is performing duties pursuant to the instructions of an environment officer in the event of an environmental accident, that person shall be deemed to be an agent of the government and shall have the powers and protection of an environment officer for the purpose of carrying out the specific instructions of the environment officer.

Exemption from liability

30(3)       Any person requested to act under subsection (1) is not personally liable in respect of any act or ommission in the course of complying with the request.

Recovery of costs

30(4)       If any action is taken by an environment officer under this section or section 29, or by a person acting on an environment officer's instructions under this section, the director may issue an order to pay the costs incurred by the government to any person who, at the time of the environmental accident, owns or has custody or control of

(a) the contaminant involved in the accident; or

(b) any dangerous good, the presence of which at the accident site required an action to be taken under this section or section 29.

Subsequent order to pay costs

30(5)       If, after the environment officer takes an action under this section or section 29 or a person takes an action acting on an environment officer's instructions, the director learns the identity of a person to whom an order could have been issued under subsection (4), the director may issue an order to pay the costs incurred by the government to the person whose identity the director learns.

Costs that may be included in an order

30(6)       Without limiting the generality of subsections (4) and (5), the costs that may be included in an order to pay costs under this section include, but are not limited to,

(a) costs incurred by the government for third-party goods and services to take any part of the action under this section or section 29, including goods and services from a person acting on an environment officer's instructions under subsection (1); and

(b) the costs to the government of using government employees, equipment or materials to take any part of the action.

Amount recoverable as debt

30(7)       The amount to be paid by a person under an order to pay costs under this section is a debt due by the person to the government and is recoverable as such in a court of competent jurisdiction.

Certificate of debt

30(8)       The minister may issue a certificate as to the amount of the debt and file it in the Court of Queen's Bench.  Once filed, it may be enforced against the person as a judgment of the court in favour of the government.

S.M. 1992, c. 25, s. 4; S.M. 2006, c. 4, s. 8.

Minister may demand payment from third party

30.1(1)     The minister may issue a demand for payment to a person (referred to in this section as the "third party") if the minister knows or suspects that the person is indebted or liable to make a payment at any time to a person who owes a debt to the government under an order to pay costs issued under any provision of this Act.

Demand must be served personally

30.1(2)     A demand for payment under this section must be served personally on the third party.

Service at place of business

30.1(3)     A demand for payment is deemed to have been served personally on a third party engaged in business, if it has been left with an adult person employed at the third party's place of business.

Service on a partnership

30.1(4)     If the third party is a partnership, a demand for payment is deemed to have been served personally on all the partners if it has been served on one of the partners or left with an adult person employed at the partnership's place of business.

Application of demand to periodic payments

30.1(5)     If the demand is for money otherwise payable periodically, including payments as interest, rent, remuneration, a dividend, or an annuity, the demand

(a) applies to all payments to be made by the third party to the person until the amount payable under the order to pay costs is paid in full; and

(b) requires the third party to pay the minister, out of each periodic payment, the amount specified in the demand.

Amount payable by third party

30.1(6)     Subject to subsection (5), the third party must pay to the Government of Manitoba on account of the amount payable under the order to pay costs, an amount equal to the lesser of

(a) the amount specified in the demand; or

(b) the amount otherwise payable by the third party to the person.

Status of demand for payment

30.1(7)     A demand for payment under this section

(a) has the equivalent effect and priority of a garnishment order within the meaning of The Garnishment Act, other than a garnishment order that, within the meaning of that Act,

(i) is obtained by a person entitled to maintenance under a maintenance order or by the designated officer on behalf of such a person, or

(ii) is issued to enforce a forfeited recognizance order, a restitution order or an order imposing a fine; and

(b) is subject to the exemptions set out in section 5 of The Garnishment Act.

Personal liability under a third party demand

30.1(8)     If the third party does not comply with the demand, the third party is personally liable to pay to the government the amount to be paid under subsection (6).

Payment discharges liability

30.1(9)     A payment to the government in respect of a demand for payment discharges, to the extent of the payment,

(a) the order to pay costs in relation to which the payment was demanded; and

(b) the third party's debt or liability to pay the money to the person to whom it was otherwise payable.

S.M. 2006, c. 4, s. 9.

Protection from liability

30.2        No action or proceeding may be brought against the minister, a director, an environment officer, an inspector or any other person acting under the authority of this Act or the regulations under this Act for anything done or not done, or for any neglect,

(a) in the performance or intended performance of a duty under this Act or the regulations; or

(b) in the exercise or intended exercise of a power under this Act or the regulations;

unless the person was acting in bad faith.

S.M. 2006, c. 4, s. 9.

Offences

31          Every person who contravenes any provision of this Act or the regulations or fails to comply with any order, decision, instruction or directive of the minister, director, environment officer or inspector or with the terms and conditions of a licence or permit issued pursuant to this Act or the regulations, or an order of a judge made pursuant to section 32.3, is guilty of an offence.

S.M. 1989-90, c. 37, s. 3; S.M. 1996, c. 25, s. 5.

Separate offences

32          Where a contravention or violation of any provision of this Act or the regulations, or an order of a judge made pursuant to section 32.3, or a failure to comply with an order, decision, directive, instruction of the minister, director, environment officer or inspector, or the terms and conditions of a licence or permit issued, granted or made under this Act or the regulations, continues for more than one day, the offender is guilty of a separate offence for each day that the contravention, violation or failure continues.

S.M. 1989-90, c. 37, s. 4.

Penalties on individuals

32.1(1)     Subject to subsection (2), any person found guilty of an offence under this Act is liable

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

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

and in addition, where in the opinion of the judge the individual is unwilling or unable to remedy the situation or condition giving rise to the offence, the judge may suspend, or revoke all or part of the licences or permits that have been issued pursuant to this Act or the regulations and under which the individual operates, for such time as the judge deems fit; and the individual shall not thereafter continue to carry on any operation affected thereby until the licences, approvals or permits, as the case may be, are restored by the judge or by the minister.

Penalties on corporations

32.1(2)     Any corporation found guilty of an offence under this Act is liable

(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.;

and in addition, where in the opinion of the judge the corporation is unwilling or unable to remedy the situation or condition giving rise to the offence, the judge may suspend or revoke all or part of the licences or permits that have been issued pursuant to this Act or the regulations and under which the corporation operates, for such time as the judge deems fit; and the corporation shall not thereafter continue to carry on any operation affected thereby until the licences, or permits, as the case may be, are restored by the judge or by the minister.

S.M. 1989-90, c. 37, s. 5.

Judge may restore licence

32.2        Where a judge suspends or revokes a licence or permit in accordance with section 32.1, the judge or the minister shall restore the licence, or permit upon receipt of satisfactory evidence that the condition or situation giving rise to the offence has been rectified.

S.M. 1989-90, c. 37, s. 5.

Other penalties

32.3        A judge may, in addition to a fine or other penalty, require the convicted person to do any or all of the following things:

(a) take such action as may be necessary to refrain from committing any further offence under this Act, or from causing further environmental damage;

(b) take such action as may be necessary to clean or restore the environment from damage caused by the offence;

(c) pay such damages or make restitution to any person who suffered damages by the offence as the judge may deem appropriate;

(d) pay such additional fine in an amount no greater than the monetary benefit acquired by or that accrued to the person as a result of the commission of the offence, notwithstanding any maximum fine elsewhere provided.

S.M. 1989-90, c. 37, s. 5.

Laying of information

33          Any person may lay an information in respect of any offence against this Act or the regulations.

Limitation on prosecution

33.1        An information in respect of an offence against this Act or the regulations may be laid within one year from the time that the subject matter of the proceedings arose or within one year from the day on which evidence, sufficient to justify a prosecution for the offence, came to the knowledge of an environment officer, and a certificate of the officer as to the day on which the evidence came to his or her knowledge is prima facie proof of the date of the receipt of the evidence.

S.M. 1996, c. 25, s. 6.

Liability of director or officer of corporation

34          Where a corporation is guilty of an offence under this Act or the regulations, any director or officer of the corporation who directed, authorized, assented to, acquiesced in, or participated in the commission of the offence, is party to and guilty of the offence and is liable, on summary conviction to the penalties provided under this Act.

Admissibility of report or certificate as evidence

35(1)       A certificate or report purporting to have been signed by an inspector, environment officer or analyst stating that he or she has made an inspection or analyzed or examined a means of transport, product, substance or organism and stating the results of the inspection, analysis or examination, is admissible in evidence in any prosecution for an offence under this Act without proof of the signature or official character of the person appearing to have signed the certificate or report and, in the absence of any evidence to the contrary, is proof of the statements contained in the certificate or report.

Admissibility of copy of extract as evidence

35(2)       A copy or an extract made by an inspector, environment officer or analyst and purporting to have been certified under his signature as a true copy or extract, is admissible in evidence in any prosecution for an offence under this Act without proof of the signature or official character of the person appearing to have signed the copy or extract and, in the absence of any evidence to the contrary, has the same probative force as the original document would have if it had been proved in the ordinary way.

Analyst or inspector may be required to attend

35(3)       The party against whom a certificate or report is produced under subsection (1) or against whom a copy or an extract is produced under subsection (2) may require the attendance of the inspector, environment officer or analyst who signed or appears to have signed the certificate or report, copy or extract, for the purposes of cross-examination.

Service of duplicate of report etc., on a party required

35(4)       No certificate, report, copy or extract referred to in subsection (1) or (2) shall be received in evidence unless the party intending to produce it has served on the party against whom it is intended to be produced, at least seven days prior to the date fixed for the hearing a notice of the intention together with a duplicate of the certificate, report, copy or extract.

S.M. 2006, c. 4, s. 10.

Evidence: safety marks, labels or accompanying documents

35.1        In any prosecution for an offence under this Act or the regulations, evidence that a container or means of transport bore a safety mark or another label or was accompanied by a prescribed document or other document is, in the absence of evidence to the contrary, proof of the information shown or indicated by the safety mark or other label or contained in the prescribed document or other document.

S.M. 2006, c. 4, s. 11.

Order binding on subsequent purchaser

36(1)       An order issued pursuant to this Act or the regulations and directed to a person who owns or handles dangerous goods is binding on a person who purchases or otherwise acquires custody or control over those dangerous goods.

Transfer of licence or permit

36(2)       No person shall, without the prior written approval of the director, transfer or assign, or acquire by way of a transfer or assignment, a licence or permit issued under this Act or the regulations.

Director may impose conditions

36(3)       In approving the transfer of a licence or permit, the director may by order impose any terms or conditions on the transferee or the transferor that the director considers appropriate.

Reissuance of transferred licence or permit

36(4)       Where a licence or permit has been transferred with the director's written approval, the director shall reissue the licence or permit in the name of the transferee.

Terms and conditions binding on transferee

36(5)       A transferee of a licence or permit issued under this Act or the regulations shall comply with the terms and conditions of the licence or permit.

S.M. 1996, c. 25, s. 8.

Proprietary information

37          Where proprietary information is provided to the department in accordance with sections 9, 10, 13, 17 and 18, no person to whom that information has been provided shall knowingly, without the consent in writing of the person by whom the information was provided

(a) communicate or allow to be communicated to any person; or

(b) allow any other person to inspect or have access;

to the information except for the purposes of the administration or enforcement of this Act.

Insurance

38          The director may require any person who engages in the handling of dangerous goods, or any class thereof to provide evidence of financial responsibility in the form of insurance or an indemnity bond, or in any other form satisfactory to the director.

Power to conduct inquiry

39(1)       Where an accident or incident involving a discharge or emission of dangerous goods results in a death or injury to any person, danger to the health or safety of the public, or to property or the environment, the minister may order that a public inquiry be held, and may appoint a person or persons to conduct the inquiry and to prepare a report in accordance with such terms of reference as he deems necessary at the time.

Powers of persons conducting inquiry

39(2)       A person appointed by the minister under this section to conduct an inquiry or carry out an investigation, for the purpose of the inquiry or the investigation, has all the powers of a commissioner under Part V of The Manitoba Evidence Act.

Regulations

40(1)       For the purpose of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make such regulations as are ancillary thereto and not inconsistent therewith; and every regulation made under, and in accordance with the authority granted by this Act, has the force of law; and without restricting the generality of the foregoing, the Lieutenant Governor in Council may make regulations respecting

(a) the designation of products, substances and organisms as dangerous goods;

(b) the designation of products, substances and organisms as hazardous wastes, or licensable hazardous wastes;

(c) the classification and handling of dangerous goods and containers for dangerous goods;

(d) the prohibition and restriction of the handling of certain dangerous goods;

(e) the reporting of environmental accidents and the information to be included in the report;

(f) the criteria for determining when a product, substance or organism is by its nature to be classified in one or more of the classes of dangerous goods;

(g) the requirement of, and process for registration for handling designated dangerous goods;

(h) the issuing of licences and permits under this Act;

(i) the keeping and disposition of records, relating to the handling of dangerous goods;

(j) types of information and criteria for information to be declared to be proprietary information;

(k) implementation requirements, forms, disposition and procedures for a manifest system;

(l) the location, design, construction and operation of facilities and equipment used for handling dangerous goods;

(m) the types and designs of, and material to be used to make, containers for dangerous goods, or prohibiting certain types or designs of containers or certain materials in making containers;

(n) standards and requirements for disposal systems such as recycling, reuse, deposit and refund, of dangerous goods or containers for dangerous goods;

(o) the use, location, design, and placement of placards and notices for facilities containing dangerous goods;

(p) training, qualification, certification and licensing of handlers of dangerous goods;

(q) training, qualification and examination of inspectors and environment officers;

(r) the collection and administration of monies for a fund for abatement, clean-up, restoration and compensation arising from environmental accidents;

(s) the setting of fees or limits to fees charged by hazardous waste disposal facilities for services rendered;

(t) the requirement and installation of automatic sensing devices or monitoring equipment in industrial settings;

(u) the prescribing, use and disposition of forms for the purposes of this Act and the regulations;

(v) the care, continued maintenance and restoration of hazardous waste disposal facilities that are no longer in use or are abandoned;

(w) specific or general exemptions from the application of one or more provisions of this Act, and any conditions that must be observed by a person to whom the exemption applies or that apply to a product, substance, organism or other thing, or to a place, to which the exemption applies;

(x) repealed, S.M. 2006, c. 4, s. 12;

(y) the procedure for applying for a permit or licence required under this Act;

(z) safety marks, safety requirements, and safety standards of general or particular application;

(aa) shipping documents and other documents to be used when dangerous goods are transported, offered for transport or otherwise handled, the information to be included in those documents and the persons by whom and manner in which the documents are to be used and retained;

(aa.1) prescribing documents for any purpose of this Act or the regulations, and prescribing the circumstances in which a prescribed document must accompany specified dangerous goods or dangerous goods of a specified class;

(bb) the form, amount, nature, class, terms and conditions of insurance or bond that shall be provided and carried by persons or classes of persons who transport dangerous goods;

(cc) the circumstances under which the transport of dangerous goods is prohibited;

(dd) repealed, S.M. 2006, c. 4, s. 12;

(ee) the establishment and administration of a fund that may be used for the purpose of paying for all or a portion of the costs associated with

(i) any work required to be done or measure taken by a person to whom a remedial order is issued under section 16, and

(ii) any action taken by the director under subsection 22(1) in respect of a remedial order issued under section 16;

(ee.1) respecting costs that may be included in an order to pay costs under section 22 or 30;

(ff) the fees payable for licences, permits, approvals, specifications of disposal methods, registrations and orders obtained, issued or applied for under this Act or the regulations;

(gg) the designation or classification of substances as special wastes and the handling and disposal of special wastes;

(hh) the designation or classification of substances as petroleum products or allied petroleum products, the storage and handling of petroleum products and allied petroleum products and the construction, installation and operation of storage facilities for petroleum products and allied petroleum products.

Adoption of other regulations

40(2)       Any regulation made under subsection (1) may adopt by reference, in whole or in part, with such changes that the Lieutenant Governor in Council considers necessary, any code or standard, or any regulation made by any other government in Canada or recognized technical organization, and may require compliance with any code, standard or regulation so adopted.

S.M. 1992, c. 25, s. 5; S.M. 1996, c. 25, s. 7; S.M. 2006, c. 4, s. 12.

Conflict between Acts

41(1)       Where there is a conflict between any provision of this Act or the regulations and the provisions of any other Act or regulations other than The Contaminated Sites Remediation Act and the regulations under that Act, the provision of this Act or the regulations, as the case may be, prevails.

Application of Act to developments

41(2)       This Act applies to the handling and disposal of dangerous goods and contaminants at a development, as defined in The Environment Act, even if a licence has been issued under that Act for the development.

S.M. 1996, c. 40, s. 66; S.M. 2002, c. 26, s. 3.

Application of regulation

42          A regulation or any provision thereof may be made to apply to a part or all of the province.

Municipality may make by-laws

43          Notwithstanding any provision of this Act, a municipality, including The City of Winnipeg, may make by-laws respecting the transportation of dangerous goods within the municipality or City; but where there is a conflict between the provisions of a by-law made by a municipality or The City of Winnipeg and any provision of this Act or a regulation made under this Act, the provision of this Act or the regulation as the case may be, prevails.

Commencement

44          Sections 8 to 12 of this Act come into force on a day fixed by proclamation.

NOTE:  Subsections 8(2), 8(7), 8(8), 9(1) to (3), 10(1), 11(1), 11(2) and section 12 of R.S.M. 1987, c. D12 were proclaimed in force March 16, 1987.  Subsections 8(1), 8(3) to (6), 10(2) and 10(3) were proclaimed in force June 30, 1992.