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The Environment Act
This is an unofficial version.
If you need an official copy, use the bilingual (PDF) version.

This version is current as of June 2, 2019.
It has been in effect since June 4, 2018.

It does not include amendments enacted or coming into force on or after June 3, 2019.
(See SM 2019, c. 5, s. 12)

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C.C.S.M. c. E125 The Environment Act
Enacted by Proclamation status (for any provisions coming into force by proclamation)

SM 1987-88, c. 26

• whole Act

– in force: 31 Mar 1988 (Man. Gaz.: 9 Apr 1988)

Amended by
SM 1988-89, c. 13, s. 10
SM 1989-90, c. 36

• in force: 15 May 1990 (Man. Gaz.: 12 May 1990)

SM 1989-90, c. 60, s. 26

• in force: 31 Aug 1990 (Man. Gaz.: 25 Aug 1990)

SM 1989-90, c. 90, s. 15
SM 1990-91, c. 15
SM 1991-92, c. 41, s. 9
SM 1992, c. 23
SM 1993, c. 26
SM 1993, c. 48, s. 13 and 61
SM 1994, c. 20, s. 6
SM 1995, c. 33, s. 7
SM 1996, c. 40, s. 67

• in force: 15 May 1997 (Man. Gaz.: 10 May 1997)

SM 1997, c. 61, s. 21

• in force: 1 Jul 1998 (Man. Gaz.: 27 Jun 1998)

SM 2000, c. 11, s. 7
SM 2000, c. 35, s. 38
SM 2000, c. 44, s. 4
SM 2002, c. 6
SM 2002, c. 36, s. 40

• in force: 30 Jan 2004 (Man. Gaz.: 14 Feb 2004)

SM 2004, c. 42, s. 27
SM 2005, c. 26, s. 43

• in force: 1 Jan 2006 (Man. Gaz.: 31 Dec 2005)

SM 2006, c. 24, Part 2
SM 2008, c. 39
SM 2009, c. 25

• in force: 1 Dec 2009 (Man. Gaz.: 12 Dec 2009)

SM 2010, c. 33, s. 17
SM 2011, c. 36, Part 2
SM 2012, c. 40, s. 58
SM 2013, c. 35, Part 2
SM 2013, c. 39, Sch. A, s. 55

• in force: 1 May 2014 (Man. Gaz.: 3 May 2014)

SM 2014, c. 21

• in force: 1 Jan 2015 (proc: 18 Dec 2014)

SM 2014, c. 27, s. 63

• in force: 15 Jun 2015 (proc: 11 Jun 2015)

SM 2015, c. 4, s. 20

• in force: 1 Oct 2015 (proc: 22 Sep 2015)

SM 2017, c. 34, s. 5
SM 2018, c. 14, s. 29
SM 2018, c. 28, s. 10

• not yet proclaimed

SM 2019, c. 5, s. 12
 

C.C.S.M. c. E125

The Environment Act

(Assented to July 17, 1987)

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

Intent and purposes

1(1)        The intent of this Act is to develop and maintain an environmental protection and management system in Manitoba which will ensure that the environment is protected and maintained in such a manner as to sustain a high quality of life, including social and economic development, recreation and leisure for this and future generations, and in this regard, this Act

(a) is complementary to, and support for, existing and future provincial planning and policy mechanisms;

(b) provides for the environmental assessment of projects which are likely to have significant effects on the environment;

(c) provides for the recognition and utilization of existing effective review processes that adequately address environmental issues;

(d) provides for public consultation in environmental decision making while recognizing the responsibility of elected government including municipal governments as decision makers; and

(e) prohibits the unauthorized release of pollutants having a significant adverse effect on the environment.

Definitions

1(2)        In this Act,

"abatement project" means a project for the abatement of an undesirable environmental condition affecting premises by

(a) the removal and relocation of the development causing the condition; or

(b) the removal and relocation of the premises affected by the condition; (« opération de dépollution »)

"adverse effect" means impairment of or damage to the environment, including a negative effect on human health or safety; (« effet nocif »)

"air" means the atmosphere, but does not include the atmosphere within a mine or within a building other than any building designated by the minister; (« air »)

"alter" means to change a development or a proposal or to close, shut down or terminate a development where the alteration causes or is likely to cause a significant change in the effects of the development on the environment; (« changer »)

"analyst" means a government employee so appointed by the minister; (« analyste »)

"assessment" means an evaluation of a proposal to ensure that appropriate environmental management practices are incorporated into all components of the life cycle of a development; (« évaluation »)

"class 1 development" means any development that is consistent with the examples or the criteria or both set out in the regulations for class 1 developments, and the effects of which are primarily the release of pollutants; (« exploitation de catégorie 1 »)

"class 2 development" means any development that is consistent with the examples or the criteria or both set out in the regulations for class 2 developments and the effects of which are primarily unrelated to pollution or are in addition to pollution; (« exploitation de catégorie 2 »)

"class 3 development" means any development that is consistent with the examples or the criteria or both set out in the regulations for class 3 developments and the effects of which are of such a magnitude or which generate such a number of environment issues that it is as an exceptional project; (« exploitation de catégorie 3 »)

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

"corporation" means a body corporate heretofore or hereafter incorporated and carrying on business or operating within Manitoba; (« corporation »)

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

"development" means any project, industry, operation or activity, or any alteration or expansion of any project, industry, operation or activity which causes or is likely to cause

(a) the release of any pollutant into the environment, or

(b) an effect on any unique, rare, or endangered feature of the environment, or

(c) the creation of by-products, residual or waste products not regulated by The Dangerous Goods Handling and Transportation Act, or

(d) a substantial utilization or alteration of any natural resource in such a way as to pre-empt or interfere with the use or potential use of that resource for any other purpose, or

(e) a substantial utilization or alteration of any natural resource in such a way as to have an adverse impact on another resource, or

(f) the utilization of a technology that is concerned with resource utilization and that may induce environmental damage, or

(g) a significant effect on the environment or will likely lead to a further development which is likely to have a significant effect on the environment, or

(h) a significant effect on the social, economic, environmental health and cultural conditions that influence the lives of people or a community in so far as they are caused by environmental effects; (« exploitation »)

"director" means except where the context otherwise requires, an employee of the department appointed as such by the minister; (« directeur »)

"documents" means data and information, whether maintained and stored as printed material or in computer files or discs; (« documents »)

"environment" means

(a) air, land, and water, or

(b) plant and animal life, including humans; (« environnement »)

"environment officer" means

(a) a person or a member of a class of persons appointed under subsection 3(2), and

(b) a conservation officer appointed under The Conservation Officers Act; (« agent de l'environnement »)

"environmental health" means those aspects of human health that are or can be affected by pollutants or changes in the environment; (« salubrité de l'environnement »)

"greenhouse gas" means any of the following gases:

(a) carbon dioxide,

(b) methane,

(c) nitrous oxide,

(d) hydrofluorocarbons,

(e) perfluorocarbons,

(f) sulphur hexafluoride,

(g) any other gas prescribed by regulation; (« gaz à effet de serre »)

"land" includes soil, earth and terrain; (« bien-fonds »)

"medical officer of health" means a person so appointed pursuant to The Public Health Act; (« médecin hygiéniste »)

"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 Governments District Act or any other Act of the Legislature and includes the City of Winnipeg, a rural municipality, an incorporated city, town or village, and a local government district; (« municipalité »)

"person responsible for a pollutant" means

(a) the owner of the pollutant, and

(b) any other person having charge, management or control of the pollutant; (« responsable d'un polluant »)

"pollutant" means any solid, liquid, gas, smoke, waste, odour, heat, sound, vibration, radiation, or a combination of any of them that is foreign to or in excess of the natural constituents of the environment, and

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

(b) is or is likely to be injurious to the health or safety of persons, or injurious or damaging to property or to plant or animal life, or

(c) interferes with or is likely to interfere with the comfort, well being, livelihood or enjoyment of life by a person; (« polluant »)

"proponent" means a person who is undertaking, or proposes to undertake a development, or who has been designated by a person or group of persons to undertake a development in Manitoba on behalf of that person or group of persons; (« promoteur »)

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

"public registry" means the registry established under section 17; (« registre public »)

"release" includes to spill, discharge, dispose of, spray, inject, inoculate, abandon, deposit, pour, empty, throw, dump, place and exhaust, and to cause or allow to leak, seep or emit; (« émission »)

"waste" includes rubbish, litter, junk, or junked obsolete or derelict motor vehicles, or obsolete or derelict equipment, appliances or machinery; debris from construction, renovation and demolition projects; slimes, tailings, fumes, waste of domestic, municipal, mining, factory or industrial origin; effluent or sewage; human or animal wastes; organic wastes; solid or liquid manure; or waste products of any kind whatsoever or the run-off from such wastes; (« déchets »)

"water" includes flowing or standing water on or below the surface of the earth, and ice formed thereon. (« eaux »)

S.M. 1989-90, c. 60, s. 26; S.M. 1993, c. 26, s. 2; S.M. 1993, c. 48, s. 13 and 61; S.M. 1997, c. 61, s. 21; S.M. 2000, c. 35, s. 38; S.M. 2000, c. 44, s. 4; S.M. 2009, c. 25, s. 2; S.M. 2013, c. 35, s. 6; S.M. 2015, c. 4, s. 20; S.M. 2018, c. 14, s. 29.

Department

2(1)        The aims and objectives of the department are to protect the quality of the environment and environmental health of present and future generations of Manitobans and to provide the opportunity for all citizens to exercise influence over the quality of their living environment.

Functions of the department

2(2)        Without limiting the generality of subsection (1), departmental functions include

(a) the administration and enforcement of this Act, the regulations, licences and orders made hereunder;

(b) the administration and enforcement of any other Acts and regulations as determined by the Lieutenant Governor in Council;

(c) the development and implementation of standards and objectives for environmental quality of Manitoba in consultation with other government departments and the public;

(d) the establishment and maintenance of an effective method of public involvement in environmental decision making;

(e) research, monitoring, studies and investigations related to the acquisition of knowledge, data or technological understanding necessary to perform its mandate;

(f) the provision of technical, analytical services; and

(g) the development of environmental management strategies and policies for the protection, maintenance, enhancement and restoration of environmental quality in Manitoba.

Environmental awareness programs

2(3)        For the purposes of increasing environmental awareness in Manitoba, the minister may

(a) cause the preparation and production of informational material respecting the environment of the province and make the material available to the public;

(b) undertake, or by means of grants or other assistance, support and encourage the development of educational programs or courses in the public education system, or educational programs for the public at large, respecting environmental management.

Appointment of director

3(1)        The minister shall appoint a director for the purposes of this Act and the regulations.

Environment officer

3(2)        The minister may appoint a person or the members of a class of persons as environment officers for the purpose of this Act and the regulations, any provision of this Act or a regulation or any provision of a regulation.

Appointment of environmental mediator

3(3)        The minister may, where the minister deems it advisable, and where the conflicting parties concur, appoint an environmental mediator acceptable to the parties to mediate between persons involved in an environmental conflict, and the mediator so appointed shall, within six weeks after completion of the mediation, report to the minister the results of the mediation.

S.M. 1993, c. 26, s. 3.

4           [Repealed]

S.M. 1997, c. 61, s. 21.

Advisory committees

5           The minister may establish and appoint members of such advisory committees as the minister considers desirable for the purpose of providing advice and assistance in carrying out the objects and purposes of this Act.

Clean Environment Commission

6(1)        There shall be a Clean Environment Commission with a minimum of 10 members appointed by the Lieutenant Governor in Council for such terms and remuneration as may be specified by the Lieutenant Governor in Council, for the purposes of

(a) providing advice and recommendations to the minister;

(b) developing and maintaining public participation in environmental matters; and

(c) carrying out functions that it is required or permitted to carry out under The Contaminated Sites Remediation Act and The Drinking Water Safety Act.

Chairperson

6(2)        In addition to the members appointed pursuant to subsection (1), the Lieutenant Governor in Council shall appoint, and fix the remuneration of a full time chairperson of the commission who shall report to the minister.

Investigation into environmental matters

6(3)        The commission may on its own volition conduct an investigation into any environmental matter, except a matter involving the gathering of evidence to determine whether or not a specific proponent is complying with the provisions of this Act and the regulations, and advise and make recommendations thereon to the minister.

Public meetings and hearings

6(4)        The commission may hold public meetings or public hearings for the purposes of its functions of gathering or disseminating information, or gathering evidence or information from the public.

Specific duties of Commission

6(5)        When requested by the minister, the commission must do one or more of the following in accordance with any terms of reference specified by the minister:

(a) provide advice and recommendations to the minister;

(b) conduct public meetings or hearings and provide advice and recommendations to the minister;

(c) conduct investigations into specific environmental concerns and report back to the minister;

(d) act as a mediator between two or more parties to an environmental dispute and report back to the minister.

Terms of reference

6(5.1)      When requesting the commission to do anything mentioned in subsection (5), the minister may specify the terms of reference that the commission is to follow in carrying out its duties.

Power of Commission under Evidence Act

6(6)        Subject to subsection (7) for the purposes of carrying out its duties and functions, the commission has the like protection and powers and is subject to the like requirements, as are conferred on, or required of commissioners appointed under Part V of The Manitoba Evidence Act.

Non-application of section 86 of Evidence Act

6(7)        Section 86 of The Manitoba Evidence Act does not apply to the commission.

Rules of procedure

6(8)        The commission may make rules governing its procedure.

Quorum

6(9)        Three members constitute a quorum at all meetings of the commission.

Annual reports

6(10)       The commission shall prepare and submit an annual report to the minister on matters dealt with by the commission during the immediately preceding year, including

(a) the investigations conducted;

(b) the policy, legislation and regulations reviewed;

(c) participation in public meetings and hearings;

(d) activities related to environmental mediation;

(e) a description of activities undertaken jointly by the commission and the council;

(f) functions carried out by the commission under the authority of The Contaminated Sites Remediation Act and The Drinking Water Safety Act; and

(g) any other information that the minister requests.

Tabling of report

6(11)       Upon receipt of the report pursuant to subsection (10), the minister shall, if the Legislature is then in session, lay it before the Legislature forthwith, and if the Legislature is not then in session release the report to the members of the Legislature and to the public within six weeks of the minister's receipt of it.

S.M. 1989-90, c. 90, s. 15; S.M. 1992, c. 23, s. 2; S.M. 1993, c. 48, s. 13; S.M. 1996, c. 40, s. 67; S.M. 2002, c. 36, s. 40; S.M. 2009, c. 25, s. 3.

Notice to hold public hearings

7(1)        Upon receipt of a proposal and a request from the minister to hold public meetings or hearings respecting a proposed development, the commission shall notify the proponent and shall by advertisement in such newspaper or other media as the commission deems fit, give notice of the proposal, its intentions to hold meetings or hearings, and the dates, times and location of such meeting or hearings, and the date for receipt of notice for presentation of a submission.

Representations to Commission

7(2)        Any person who wishes to make representation to the commission at a hearing shall, not later than the date set out in the notice, in writing so notify the commission.

Commission to submit recommendations to minister

7(3)        Unless otherwise specified by the minister, not later than 90 days from the date of completion of meetings or hearings requested by the minister, the chairperson shall forward a report to the minister outlining the terms of reference, the process, the dates and locations of the meetings or hearings that were held, a summary of the public response and opinions, and the advice and recommendations of the commission.

Commission may add members

7(4)        Notwithstanding subsection 6(1), for the purpose of conducting certain specific hearings, meetings or investigations, the commission, with the approval of the minister, may add qualified persons to the commission to assist and advise the commission in conducting the hearings, meetings or investigations; and the members so added have all the powers of the commissioners with respect to those hearings, meetings or investigations.

Three regular members required for hearings

7(5)        Notwithstanding subsection (4), the commission shall not hold a hearing unless a hearing panel of at least three members are present, two of whom are members of the commission.

Transcript required

7(6)        Where a hearing is held by the commission, the commission shall transcribe the evidence and maintain a copy of the transcript for a period of not less than 10 years.

7(7)        [Repealed] S.M. 1992, c. 23, s. 3.

Application of this section

7(8)         Except as provided in subsection 16(5) of The Contaminated Sites Remediation Act, this section does not apply to proceedings under that Act.

S.M. 1992, c. 23, s. 3; S.M. 1996, c. 40, s. 67; S.M. 2000, c. 44, s. 4.

8           [Repealed]

S.M. 2000, c. 44, s. 4.

9           [Repealed]

S.M. 2000, c. 44, s. 4.

CLASS 1 DEVELOPMENTS

Licence required for development

10(1)       No person shall construct, alter, operate or set into operation any Class 1 development unless

(a) the person first files a proposal in writing with the department and obtains a valid and subsisting licence from the director for the development; or

(b) the person is exempted under the Act or the regulations from the requirements of clause (a).

Existing development

10(2)       Notwithstanding subsection (1)

(a) where in the opinion of the director, new evidence warrants a change in the existing limits, terms or conditions; or

(b) where no existing limits, terms or conditions exist, by licence or regulation;

the director may require any person operating an existing Class 1 development to file a proposal with the department for consideration under this section.

Form of Class 1 proposal

10(3)       The proponent shall submit the proposal required under subsection (1) or (2) in a form prescribed by the director, and include matters required by the regulations.

Action by director on Class 1 proposals

10(4)       Upon receipt of a proposal for a Class 1 development under this section, the director shall within such time as may be specified by the regulations

(a) subject to section 47, file a summary of the proposal in the public registry and notify the public through advertisements in the local newspaper or radio that a proposal has been received, providing opportunity for comments and objections;

(b) circulate a copy of the proposal, or notice thereof, to such other departments as may be affected by the development;

(c) determine the form of the assessment required for the proposal;

(d) notify the proponent of the assessment process and schedule for that proposal; and

(e) provide the proponent with the name of a contact person to coordinate the process.

Proposal may be considered as Class 2 development

10(5)       Upon reviewing the documents provided pursuant to subsection (4), a department may within such time as may be fixed in the regulations request the Director to consider the proposal as a Class 2 development in which case the Director may consider the proposal in accordance with section 11.

Assessment of Class 1 development

10(6)       For the purposes of assessing a proposed class 1 development, the director may do any or all of the following things:

(a) require from the proponent such additional information as the director deems necessary;

(b) issue guidelines and instructions for the proponent to conduct further studies;

(c) require from the proponent detailed plans for environmental protection and management;

(d) request the minister to direct the chairperson of the commission to conduct public meetings or hearings;

(e) elevate the proposal to a Class 2 development, and consider the proposal in accordance with section 11.

Public hearings

10(7)       Notwithstanding subsection (6), where the director receives objections, and reasons for the objections with respect to a proposed development, the director may, within such time as set out in the regulations recommend that the minister cause the commission to hold a public hearing but where the director decides not to recommend a public hearing be held, the director shall provide written reasons to the objector, and advise the objector that the decision can be appealed to the minister.

Notice of decision

10(7.1)     If the minister decides not to request a public hearing on a proposal after receiving a recommendation from the director under subsection (7), the minister must give written notice of his or her decision to the objector. The notice must advise the objector that the decision can be appealed under section 28.

Director to issue or refuse licence

10(8)       Upon receipt of a proposal for a class 1 development under subsection (1) or (2), the director shall consider the proposal and deal with the proposal in accordance with subsections (4), (6) and (7), and

(a) issue a licence to the proponent with such specifications, limits, terms and conditions or with a requirement for such modifications as the director deems necessary to ensure effective environmental management; or

(b) refuse to issue the licence and thereby prohibit the construction, alteration, operation or implementation of the development.

Written reasons for refusal of licence

10(9)       Where, the director refuses to issue a licence pursuant to subsection (8), the director shall provide written reasons for the decision to the proponent, the minister, and the public registry within such time as may be specified in the regulations.

Reasons for not adopting commission advice

10(10)      Where the minister has requested a public hearing regarding a proposal, and subsequently advice and recommendations are presented to the minister, and the recommendations of the commission are not included in the environmental licence, or refusal, the director shall provide written reasons for the decision to the proponent, the minister, the commission and the public registry at the time of notifying the proponent of the decision.

S.M. 2009, c. 25, s. 4; S.M. 2018, c. 14, s. 29.

CLASS 2 DEVELOPMENTS

Licence required for development

11(1)       No person shall, construct, alter, operate or set into operation any Class 2 development unless:

(a) the person first files a proposal in writing with the department and obtains a valid and subsisting licence from the director for the development; or

(b) the person is exempted under subsection (2) or the regulations from the requirements of clause (a).

Ministerial agreement

11(2)       Notwithstanding subsection (1) where a development or type of development is subject to an existing approval process that, to the satisfaction of the minister

(a) involves interested government departments and agencies;

(b) includes public consultation; and

(c) addresses environmental issues;

the minister may, by agreement with the minister responsible for the reviewing department, exempt that development or type of development from this section.

Cancellation of agreement by minister

11(3)       Notwithstanding subsection (2) where in the opinion of the minister, the agreement or terms therein have not been adhered to, the minister may cancel the agreement or the approval issued under the agreement and require the proponent to file a proposal pursuant to subsection (1).

Status of approval

11(4)       Any approval issued under a process subject to an agreement entered into pursuant to subsection (2) has the status of a licence issued under this section and is subject to the appeal process provided under this Act, and the limits, terms and conditions of the approval shall be complied with by the recipient of the approval.

Enforcement of approval provisions

11(5)       Where a development approved by agreement pursuant to subsection (2) is not in compliance with the limits, terms or conditions of the approval, enforcement will normally be carried out by the department issuing the approval.

Existing developments

11(6)       Notwithstanding subsections (1) and (2),

(a) where in the opinion of the minister new evidence warrants a change in the existing limits, terms or conditions; or

(b) where no existing limits, terms or conditions exist by licence or regulation;

the minister may require any person operating an existing Class 2 development to file a proposal with the department, to be considered under this section.

Form of Class 2 proposal

11(7)       The proponent shall submit the proposal required under subsection (1) or (6) in a form prescribed by the director, and include matters required by the regulations.

Action by director in Class 2 developments

11(8)       Upon receipt of a proposal for a Class 2 development under this section, the director shall within such time as may be specified by the regulation

(a) subject to section 47, file a summary of the proposal in the public registry and notify the public through advertisements in the local newspaper or radio that a proposal has been received, providing opportunity for comments and objections;

(b) file a copy of the proposal with the departments as may be affected by the development, for their review and comment;

(c) on the advice of the departments so consulted, determine the form of assessment required for the proposal, which may include forwarding the proposal to the minister for consideration as a Class 3 development pursuant to section 12 or consideration as a Class 1 proposal under section 10;

(d) notify the proponent of the assessment options and tentative schedule for the options; and

(e) provide the proponent with the name of a contact person to coordinate the process.

Assessment of Class 2 development

11(9)       For the purposes of assessing the environmental impacts of a proposed Class 2 development, the director may do any or all of the following things:

(a) require from the proponent additional information;

(b) issue guidelines and instructions for the assessment and require the proponent to carry out public consultation;

(c) require the proponent to prepare and submit to the director an assessment report to include such studies, research, data gathering and analysis or monitoring, alternatives to the proposed development processes and locations, and the details of proposed environmental management practices to deal with the issues;

(d) conduct or cause to be conducted a review of the assessment report;

(e) request the minister to direct the chairperson of the commission to conduct a public hearing.

Public hearings

11(10)      Notwithstanding subsection (9), where the director receives objections and reasons for the objections with respect to a proposed development, the director may, within such time as set out in the regulations recommend that the minister cause the commission to hold a public hearing; but where the director decides not to recommend a public hearing be held, the director shall provide written reasons to the objector, and advise the objector that the decision can be appealed to the minister.

Notice of decision

11(10.1)    If the minister decides not to request a public hearing on a proposal after receiving a recommendation from the director under subsection (10), the minister must give written notice of his or her decision to the objector. The notice must advise the objector that the decision can be appealed under section 28.

Director to issue or refuse a licence

11(11)      Upon receipt of a proposal for a class 2 development under subsection (1) or (6), the director shall deal with the proposal in accordance with subsections (8), (9) and (10), and shall

(a) issue a licence to the proponent with such specifications, limits, terms and conditions or with a requirement for such modifications as the director deems necessary to ensure effective environmental management; or

(b) refuse to issue the licence and thereby prohibit the construction, alteration, operation or implementation of the development.

Written reasons for refusal of licence

11(12)      Where, the director refuses to issue a licence pursuant to subsection (11) the director shall provide written reasons for the decision to the proponent, the minister, and to the files in the public registry within such time as may be specified in the regulations.

Reasons for not adopting commission advice

11(13)      Where the minister has requested a public hearing on a proposal and subsequently advice and recommendations are presented to the minister, and the recommendations of the commission are not included in the environmental licence, or refusal, the director shall provide written documentation of the reasons for the decision to the proponent, the minister, the commission and the files of the public registry at the time of notifying the proponent of the decision.

S.M. 2009, c. 25, s. 5; S.M. 2010, c. 33, s. 17; S.M. 2018, c. 14, s. 29.

MINISTER MAY CONSIDER CLASS 1 OR 2 PROPOSALS

Minister may consider Class 1 or 2 proposals

11.1        If a public hearing has been held or is to be held by the commission in respect of a proposal for a Class 1 or 2 development, the minister may, after giving written notice to the director and the proponent,

(a) in the case of a Class 1 development, exercise the director's powers to issue a licence or refuse to issue a licence under clause 10(8)(a) or (b) and perform the director's duties under subsections 10(9) and (10);

(b) in the case of a Class 2 development, exercise the director's powers to issue a licence or refuse to issue a licence under subsection 11(11)(a) or (b) and perform the director's duties under subsections 11(12) and 11(13).

The references to "the director" in those provisions are to be read as "the minister", with necessary changes.

S.M. 2009, c. 25, s. 6.

CLASS 3 DEVELOPMENTS

Licence required for Class 3 development

12(1)       No person shall construct, alter, operate or set into operation any Class 3 development unless

(a) the person first files a proposal in writing with the department and obtains a valid and subsisting licence from the minister for the development; or

(b) the person is exempted under the Act or the regulations from the requirements of clause (a).

Existing developments

12(2)       Notwithstanding subsection (1),

(a) where in the opinion of the minister new evidence warrants a change in the existing limits, terms or conditions; or

(b) where no existing limits, terms or conditions exist by licence or regulation;

the minister may require any person operating an existing Class 3 development to file a proposal with the department, to be considered under this section.

Form of Class 3 proposal

12(3)       The proponent shall submit the proposal required under subsection (1) or (2) in a form prescribed by the minister, and include matters as required by the regulations.

Action by minister in Class 3 developments

12(4)       Upon receipt of a proposal under this section, the minister shall within such time as may be specified in the regulations

(a) subject to section 47, file a summary of the proposal in the public registry and notify the public through advertisements in the local newspaper or radio of the proposal and provide opportunity for comments and objections;

(b) file a copy of the proposal with the departments as may be affected by the development, for their review and comment;

(c) submit a summary of the proposal to the chairperson of the commission;

(d) notify the proponent of the assessment options and tentative schedule for the options; and

(e) provide the proponent with the name of a contact person to coordinate the process.

Assessment of Class 3 developments

12(5)       For the purpose of assessing a proposed Class 3 development, the minister, in consultation with the departments may do any or all of the following things:

(a) require from the proponent additional relevant information;

(b) issue guidelines and instructions for the assessment and require the proponent to carry out public consultation;

(c) require the proponent to prepare and submit an assessment report to include such studies, research, data gathering and analysis or monitoring, alternatives to the proposed development processes and locations, and the details of proposed environmental management practices to deal with the issues as the minister deems necessary;

(d) review the assessment report;

(e) cause to be conducted a public hearing by the commission.

Public hearings

12(6)       Notwithstanding subsection (5), where the minister receives objections with respect to a proposed development and reasons for the objections, the minister may, within such time as may be set out in the regulations, cause the commission to hold public hearings thereon; but if the minister decides not to hold public hearings the minister shall provide the objectors with written reasons therefor and shall cause a copy of those reasons to be filed in the public registry.

Minister to issue or refuse licence

12(7)       Upon receipt of proposal under this section the minister shall deal with the proposal in accordance with subsections (4) and (5) and consider the proposal, and shall

(a) issue a licence to the proponent, with such specifications, limits, terms and conditions or with a requirement for such modifications as the minister deems necessary to ensure effective environmental management; or

(b) on the approval of the Lieutenant Governor in Council, refuse to issue a licence.

Reasons for not adopting commission advice

12(8)       Where the minister has requested a public hearing regarding a proposal and subsequently advice and recommendations are presented to the minister, and the minister does not incorporate the recommendations of the commission in the environmental licence, the minister shall provide written documentation of the reason for the decision to the proponent, the commission and the files of the public registry at the time of notifying the proponent of the decision.

S.M. 2009, c. 25, s. 7; S.M. 2010, c. 33, s. 17; S.M. 2018, c. 14, s. 29.

MISCELLANEOUS PROVISIONS RESPECTING PROPOSALS

Public consultations by proponent to be considered

12.0.1(1)   When considering a proposal, the director and the minister may take into account any public consultations on the proposed development conducted by the proponent.

Consultation results to commission

12.0.1(2)   If the commission holds public hearings on a proposal, the director or the minister may require the proponent to forward the results of any public consultations conducted by the proponent to the commission.

S.M. 2009, c. 25, s. 8.

Climate change considerations

12.0.2      When considering a proposal, the director or minister must take into account — in addition to other potential environmental impacts of the proposed development — the amount of greenhouse gases to be generated by the proposed development and the energy efficiency of the proposed development.

S.M. 2009, c. 25, s. 8.

Water quality standards, objectives and guidelines

12.1        A licence, or an alteration to a licence, issued under section 10, 11 or 12 after the date that this section comes into force, in respect of a development that affects or may affect water, must, in circumstances specified in The Water Protection Act or regulations made under it, include specifications, terms, limits or conditions as necessary to ensure compliance or consistency with a water quality standard, objective or guideline set or adopted under that Act.

S.M. 2005, c. 26, s. 43.

Peat harvesting licence to be obtained before development licence

12.2        A licence, or an alteration to a licence issued under section 11, in respect of a development to harvest peat must not be issued unless the applicant has first obtained a peat harvesting licence under The Peatlands Stewardship Act.

S.M. 2014, c. 27, s. 63.

Issue of licence in stages

13(1)       The director or minister, as the case may be, may issue a licence referred to in subsection 10(1), 11(1) or 12(1) as one of a series of licences, each of which is issued in respect of a specified stage in the construction, alteration or operation of a development and, notwithstanding subsections 10(1), 11(1) and 12(1), a licence so issued authorizes only the stage in the construction, alteration or operation specified in the licence.

Licensing of preliminary steps

13(2)       Notwithstanding anything to the contrary in this Act, the minister or director may, in advance of approval of any stage in the construction, alteration, operation or setting into operation of the development, issue the first of a series of licences referred to in subsection 10(1), 11(1) or 12(1) authorizing such preliminary steps to be taken with respect to the construction or alteration of the development as are specified in the licence, if

(a) in the opinion of the director or minister, the environmental impact of those preliminary steps is known and is either insignificant or capable of being mitigated with known technology; and

(b) the director or minister has complied with clause 10(4)(a), 11(8)(a) or 12(4)(a), as the case may be.

Effect of issue of licences in series

13(3)       Where the minister or director issues a licence as one of a series, the minister or director is not thereby obliged to issue any subsequent licence in the series.

S.M. 1992, c. 23, s. 4.

Agreements with other jurisdictions

13.1(1)     If a proposed development that requires an environmental licence under this Act may have an environmental impact of concern to a jurisdiction other than Manitoba, the minister may, with the approval of the Lieutenant Governor in Council and subject to the regulations, enter into an agreement with that jurisdiction

(a) to establish a joint assessment process; or

(b) to provide for the use of that jurisdiction's assessment process;

for the purpose of gathering the information necessary to make a decision to issue or refuse to issue a licence under section 10, 11 or 12.

Equivalent assessment

13.1(2)     The minister shall not enter into an agreement under subsection (1) unless

(a) the minister is satisfied that the agreement provides for an assessment that is at least equivalent to the assessment that would otherwise be required under this Act; and

(b) the agreement provides for

(i) notification of the public in Manitoba about the filing of the proposal through the use of the public registry and by way of advertisements in the media,

(ii) comments and objections from members of the public related, at a minimum, to the proposal, the guidelines for the assessment of the proposal, the assessment and the review of the assessment,

(iii) public hearings in Manitoba about the proposal by a panel established for the purposes of the assessment process,

(iv) the appointment jointly by the ministers who are parties to the agreement of the members of the panel when a joint assessment process is established under clause (1)(a),

(v) a requirement that the minister be satisfied that each proposed member of the panel is unbiased and free of any conflict of interest relative to the proposal and has special knowledge or experience relevant to the anticipated environmental effects of the proposal,

(vi) a program relating to the provision of financial assistance to members of the public participating in the assessment process when in the opinion of the minister such a program is desirable,

(vii) opportunity for the minister or the director, as the case may be, to require further information before making a decision regarding licensing if, in the opinion of the minister or the director, the assessment process has not produced sufficient information on which to base such a decision.

S.M. 1990-91, c. 15, s. 2; S.M. 1991-92, c. 41, s. 9.

Participant funding by proponents

13.2        The minister may, in accordance with the regulations, require a proponent of a development that is subject to an assessment under section 10, 11, 12 or 13.1 to provide financial or other assistance to any person or group participating in the assessment process.

S.M. 1990-91, c. 15, s. 2.

Proponent to notify director or minister of alteration in development

14(1)       Where a proponent

(a) has submitted a proposal for a development in accordance with sections 10, 11 or 12, but is not yet in receipt of an environmental licence; or

(b) has received an environmental licence for a development;

and the proponent intends to alter that proposal or the development as licensed that does not conform to the limits, terms and conditions or that is likely to change the environmental effect, the proponent shall notify the director or the minister, as the case may be, of the proposed alteration before proceeding with it.

Dealing with minor proposed alterations

14(2)       Where

(a) the director or the minister has received notice of a proposed alteration in accordance with subsection (1);

(b) the potential environmental effects resulting from the alteration are insignificant or will be accommodated by the ongoing assessment process; and

(c) in the case of a proposed alteration to the development as licensed, the proposed alteration is not an alteration to any limit, term or condition that was amended as a result of an appeal under section 27 or 28;

the director or the minister may in writing, and with such limits, terms and conditions as he or she consider advisable, give approval to the proponent to implement the alteration.

Record of minor alteration decision

14(2.1)     If the director or minister approves a proposed alteration, he or she must file in the public registry

(a) a copy of the approval under subsection (2); and

(b) the name of a contact person in the department who can give information to the public about the proposed alteration.

Dealing with major proposed alterations

14(3)       Where the director or the minister has received notice of a proposed alteration in accordance with subsection (1), and the proposal is other than as described in clauses 2(b) and (c), the director or minister shall direct the proponent to seek approval for the proposed alteration as a proposal in accordance with section 10, 11 or 12, as the case may be.

Decision on proposed alterations

14(4)       The decision of the director or minister with respect to the disposition of the alteration in accordance with subsection (2) or (3) shall be communicated to the proponent within 21 days from the receipt of the request for the change.

Prior approval of alteration required

14(5)       No person shall proceed with an alteration in a development until the person has received approval therefor from the director or minister.

S.M. 1992, c. 23, s. 5; S.M. 2009, c. 25, s. 9.

Compliance with limits, etc.

15(1)       No person shall proceed with a development for which that person has received a licence from the director or the minister, as the case may be, except in accordance with the specifications, limits, terms and conditions set out in the licence.

Development not to proceed

15(2)       No person shall proceed with a development for which a licence has been refused by the director or by the minister, as the case may be.

Previous order deemed to be a licence

15(3)       Where prior to the coming into force of this Act, a person obtained an order pursuant to The Clean Environment Act being Chapter C130 of the Continuing Consolidation of the Statutes of Manitoba, it shall be deemed to be a licence issued under this Act.

Licence binding on purchase

15(4)       An order, licence, or permit issued pursuant to this Act or the regulations and with respect to a person who owns or operates a development is binding on a person who purchases or otherwise acquires custody or control over the development.

Deemed development

16          Where there is a disagreement as to whether any project, industry, operation or activity, or any alteration or expansion thereof is a development, the matter shall be determined by the minister.

Public registry

17          Subject to section 47, the director shall maintain or cause to be maintained a public registry, containing for each proposal received

(a) a summary, prepared by the proponent in form and detail approved by the department;

(b) the disposition and status of each proposal;

(c) a copy of the environmental licence, where applicable;

(d) a copy of the assessment report;

(e) justification for not accepting the advice and recommendations of the commission, where applicable; and

(f) justification for refusing to issue an environmental licence, where applicable; and

(g) such other information as the minister or director may from time to time direct.

Suspension or variation in extraordinary circumstances

18(1)       Where a person is in possession of a licence issued under this Act, and where extraordinary circumstances warrant, that person may request the minister to suspend or vary all or any part of the licence; and the minister may comply with the request subject to such limits, terms and conditions as the minister deems necessary and suspend or vary any or all of the licence for a period not exceeding 14 days, as specified by the minister.

Suspension to be recorded

18(2)       A suspension or variation granted pursuant to subsection (1) shall be recorded in the public registry and in the department's annual report.

Suspension, etc. of licence

19(1)       The minister may suspend, withdraw or cancel a licence issued in accordance with sections 10, 11 or 12 where any provision of the licence, this Act or regulation is found to have been violated.

Restoration of licence

19(2)       Where the minister is satisfied that adequate steps have been taken by a licensee whose licence was suspended or withdrawn or cancelled pursuant to subsection (1), to remedy the situation, the minister shall restore the licence.

S.M. 2009, c. 25, s. 10.

Powers of environment officers

20          An environment officer may at any reasonable time and where requested, upon presentation of an identification card issued by the minister, for the purpose of enforcing this Act or the regulations or any order or licence made under this Act or the regulations

(a) without a warrant, enter any place or premises other than a dwelling that is the subject of this Act and make such inspections of the place or premises as may be reasonably required to determine compliance with this Act, the regulations, licence or order issued under this act; or

(b) without a warrant, enter any place or premises, other than a dwelling, in which there is reasonable and probable grounds to believe that a pollutant is or will be produced, stored, or used or from which a pollutant is being released, and conduct such inspections of the place or premises as are reasonably required or necessary; or

(c) without a warrant, enter any place or premises, other than a dwelling, in which there is reasonable and probable grounds to believe that environmental damage is occurring within those premises or as a result of any development located within the premises, and conduct such inspections of the place or premises as are reasonably required; or

(d) for the purposes of clauses (a), (b) or (c), inspect any installation, plant, machinery and vehicle, and inspect and test any process of production or manufacture and any raw or manufactured substance or material used therein or relating thereto for which the environment officer has reasonable or probable grounds to believe may be producing or releasing pollutants and take and retain samples of same for purposes of analysis; or

(e) examine and make copies of any document required to be kept by this Act, the regulations, orders or licences.

S.M. 2009, c. 25, s. 11.

Entry with warrant

21(1)       Where an environment officer has reasonable and probable grounds to suspect that an offence under this Act, the regulations, an order or a licence, has been or is being committed, the environment officer may with a warrant, issued for that purpose, or with the permission of the owner or operator of the premises or development enter the premises or development and secure, seize and take such evidence as may be required including samples of raw or manufactured products and documents related to the suspected offence.

Where officer may act without warrant

21(2)       Notwithstanding subsection (1), where an environment officer, acting in the course and scope of the officer's duty discovers an offence in progress, the environment officer may, without a warrant, do those things mentioned in that subsection.

Disposition of seized goods

22(1)       Where a product or container is seized under section 21 and the environment officer making the seizure reasonably believes that the product will spoil or perish before the conclusion of the proceedings in respect of the alleged offence, the environment officer shall cause the product to be sold if the product has any market value, or otherwise be disposed of if the product has no market value; and any proceeds from the sale shall be held, with interest to be paid thereon at a rate fixed from time to time by the Lieutenant Governor in Council, pending the outcome of the proceedings.

Forfeiture of seized product

22(2)       Where proceedings under this Act or the regulations in respect of a product or container seized under section 21 have been finally resolved, and if the accused

(a) is convicted, the product or container, or the proceeds of sale and accumulated interest referred to in subsection (1) are forfeited to the Crown; or

(b) is acquitted or the charge against the person is stayed, the product or container, or the proceeds of sale and accumulated interest referred to in subsection (1), shall be turned over or paid to the person who is lawfully entitled to possess it or them.

Disposal of seized goods

22(3)       Where material is forfeited to the Crown in accordance with clause (2)(a), and the material is of a nature or value that in the opinion of the director, it should be disposed of, the director may cause its disposal and the costs incurred by the Crown in disposing of the material is a debt due the Crown in a court of competent jurisdiction from the person from whom the material was forfeited.

Information to be provided by accused person

23          For the purposes of commencing proceedings under this Act, an environment officer may require the person being charged to provide his or her name, address and date of birth.

Environmental protection order

24(1)       If the director believes that

(a) a pollutant may be released, is being released, or has been released; and

(b) the release may cause, is causing or has caused an adverse effect on the environment;

the director may issue an environmental protection order against a person responsible for the pollutant.

Contents of environmental protection order

24(2)       An environmental protection order may require the person named in the order — by a deadline set out in the order — to take any steps that the director considers necessary to protect the environment, including one or more of the following:

(a) investigate the situation;

(b) measure the rate of release or the ambient concentration, or both, of the pollutant;

(c) take any action specified by the director to prevent or reduce the release of the pollutant;

(d) minimize or remedy the effects of the pollutant on the environment;

(e) restore the area affected by the release of the pollutant to a condition satisfactory to the director;

(f) monitor, measure, contain, remove, store, destroy or otherwise dispose of the pollutant, or reduce or prevent further releases of the pollutant;

(g) install, replace or alter any equipment or thing in order to control or eliminate the release of the pollutant;

(h) report on any matter ordered to be done, in accordance with directions set out in the order.

Consequences of failing to comply with order

24(3)       If a person fails to comply with an environmental protection order, the director or an environment officer may, without further notice to the person,

(a) carry out the measures specified in the order, or cause them to be carried out; and

(b) be accompanied by any other persons, and use any equipment, required to carry out the measures specified in the order.

S.M. 2009, c. 25, s. 12.

Emergency action to protect environment

24.1        The director or an environment officer may take, or cause to be taken, any emergency action that he or she considers necessary to protect the environment if he or she believes that

(a) a pollutant may be released, is being released, or has been released; and

(b) the release may cause, is causing or has caused a significant adverse effect on the environment.

S.M. 2009, c. 25, s. 13.

Order to pay costs

24.2(1)     The director may, by order, require

(a) a person who failed to comply with an environmental protection order to pay the costs of any action taken under subsection 24(3); or

(b) the person responsible for the pollutant in question to pay the costs of any emergency action taken under section 24.1.

Enforcement of order

24.2(2)     An order to pay costs under subsection (1) may be filed in the Court of Queen's Bench and enforced as if it were an order of that court.

S.M. 2009, c. 25, s. 13.

Action by minister to minimize danger

25(1)       Notwithstanding anything in this Act, where the Lieutenant Governor in Council considers it in the public interest to take emergency action to alleviate an environmental emergency or where a health emergency as declared by the Minister of Health exists, the minister may authorize the taking of such action as is deemed necessary by the Lieutenant Governor in Council or the Minister of Health to mitigate the emergency or alleviate the threat to health without reference to the normal approval or licencing processes pursuant to this Act.

No injunction against minister

25(2)       No injunction lies against the minister to restrain or prevent the minister or any person acting under the authority of the minister from taking action under subsection (1).

Order by minister to municipality re health emergency

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

Variation, etc. of order

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

Communication of minister's order

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

No injunction

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

Normal processes not applicable if health emergency exists

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

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

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

Statutes and Regulations Act does not apply

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

Municipality's power of entry

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

Action by minister if municipality fails to comply

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

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

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

Subsection (7) applies

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

Recovery of expenditures

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

Reimbursement to municipality for expenditures

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

Compensation for loss

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

S.M. 2002, c. 6, s. 2; S.M. 2013, c. 39, Sch. A, s. 55.

Appeals from environment officer

26(1)       Except as may be otherwise provided in this Act, any person who is affected by any order, instruction or permit of an environment officer may, within 14 days from the date of issuance of the order, instruction or permit, in writing appeal therefrom to the director.

Action by director on appeal

26(2)       Where an appeal is made to the director under subsection (1), the director shall within 15 days after the receipt of the appeal affirm, rescind or amend the decision appealed and shall notify the appellant of the disposition of the appeal within seven days from the date of the decision of the director.

S.M. 2009, c. 25, s. 14.

Appeal to minister

27(1)       Except as may be otherwise provided in this Act, any person who is affected 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 decision, order, instruction, or directive of the director; or

(d) the imposition of limits, terms and conditions in a licence or permit issued by the director; or

(e) the disposition of an appeal under section 26;

may file an appeal in writing with the minister that includes the reasons for the appeal and any facts relative thereto, within the following periods:

(f) in the case of a decision, issuance, refusal, order, instruction or directive or the imposition of limits, terms and conditions or the disposition of the appeal, within 30 days of the date thereof; and

(g) in the case of a licence that sets out a limit, term or condition that is to take effect on or be imposed at a future date and specifies that an appeal is to be taken within a specified period, within the period so specified.

Disposition of appeal by minister

27(2)       Where an appeal is made to the minister pursuant to subsection (1), the minister may, on such considerations as the minister deems advisable,

(a) in the case of an appeal of the director's decision not to recommend a public meeting or hearing on a proposal, request the commission to hold a public meeting or hearing on the proposal;

(b) refer the matter back to the director for reconsideration;

(c) make any decision that in his or her opinion ought to have been made by the director; or

(d) quash or vary the decision under appeal, or dismiss the appeal.

L.G. in C. approval

27(3)       Before making a decision on an appeal in respect of the following matters, the minister must refer the proposed disposition to the Lieutenant Governor in Council for approval:

(a) the issuance of a licence by the director under clause 10(8)(a) or 11(11)(a);

(b) the refusal by the director to issue a licence under 10(8)(b) or 11(11)(b);

(c) the imposition of specifications, limits, terms and conditions on a licence issued by the director under clause 10(8)(a) or 11(11)(a).

Notice

27(4)       The minister must notify the appellant about his or her decision in the prescribed manner within the following time periods:

(a) in the case of a proposed disposition that requires approval by the Lieutenant Governor in Council under subsection (3), within 30 days after the approval is given;

(b) in the case of any other decision in respect of a matter referred to in subsection (1), within seven days after the date of the minister's decision.

S.M. 1992, c. 23, s. 6; S.M. 2009, c. 25, s. 15.

Appeal of minister's decision

28(1)       A person who is affected by a decision of the minister made under section 10, 11 or 12 in relation to a proposal or a decision made under subsection 14(2) may file an appeal in writing with the minister. The appeal must set out the reasons for the appeal and must be filed within 30 days after the date of the decision.

Appeal to Lieutenant Governor in Council

28(1.1)     The minister must refer the appeal to the Lieutenant Governor in Council.

Disposition of appeal

28(2)       When an appeal is referred to the Lieutenant Governor in Council, it may, on such considerations as it deems advisable,

(a) in the case of an appeal of the minister's decision not to request a public meeting or hearing on a proposal, request the commission to hold a public meeting or hearing on the proposal;

(b) refer the matter back to the minister for reconsideration;

(c) make any decision that in its opinion ought to have been made by the minister; or

(d) quash or vary the decision under appeal, or dismiss the appeal.

S.M. 2009, c. 25, s. 16.

Actions in case of new evidence

29          In the event that the appellant has new evidence that was not previously considered, the minister may reopen the appeal process and consider the new evidence with respect to the disposition of the appeal pursuant to section 27 or 28.

Appeal does not act as stay of decision

30          An appeal filed under sections 26, 27 or 28 does not suspend the decision appealed against; but the minister may suspend the operation of the decision, in whole or in part, until the appeal is disposed of.

No unauthorized release of pollutants

30.1(1)     No person shall release or allow the release of a pollutant in an amount or concentration, or at a level or rate of release, that causes or may cause a significant adverse effect, unless expressly authorized or permitted to do so

(a) under this Act or the regulations;

(b) under another Act of the Legislature or an Act of Parliament, or a regulation made under one of those Acts; or

(c) by a licence, permit, order, instruction, directive or other approval or authorization issued or made under this Act, another Act of the Legislature or an Act of Parliament.

Exception re agricultural operations

30.1(2)     A person involved in an agricultural operation does not contravene subsection (1) if

(a) the release occurred through the use of normal farm practices; and

(b) the release itself and the conduct that led to the release does not contravene another provision of this Act, another Act of the Legislature or an Act of Parliament, or a regulation made under one of those Acts.

Duty to report release

30.1(3)     A person who releases or causes or allows the release of a pollutant that may cause, is causing or has caused an adverse effect must report the release, in accordance with the regulations, to

(a) the director;

(b) the person responsible for the pollutant, if the person reporting is not the person responsible for the pollutant but he or she knows or is readily able to determine the identity of that person; and

(c) any other person who the person reporting knows or ought to know may be directly affected by the release.

Reporting by person responsible for pollutant

30.1(4)     A person responsible for a pollutant that is released into the environment that may cause, is causing or has caused an adverse effect must report the release, in accordance with the regulations, to the persons referred to in subsection (3), unless he or she has reasonable grounds to believe that those persons are already aware of the release.

Definitions

30.1(5)     In this section, "agricultural operation" and "normal farm practice" have the same meanings as in The Farm Practices Protection Act.

S.M. 2009, c. 25, s. 17.

No release of pollutants in excess of limits

30.2