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5th Session, 40th Legislature

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Bill 20

THE ENVIRONMENTAL RIGHTS ACT



Section
Table of Contents            
PART 1
INTRODUCTORY PROVISIONS
1 Definitions
2 Purposes of this Act
3(1) Environmental principles
(2) Effect of principles
PART 2
ENVIRONMENTAL RIGHTS
RIGHT TO A HEALTHY ENVIRONMENT
4 Environmental rights
5 Government's obligation to protect environmental rights
INFORMATION AND PARTICIPATION RIGHTS
6 Right to environmental information
7 Right of participation
REVIEW OF LAWS AND GOVERNMENT POLICIES
8(1) Right to request review — existing law or policy
(2) Right to request review — need for new Act, regulation or policy
(3) Form of application
9(1) Referral to minister
(2) Acknowledgment of receipt
(3) Decision within 60 days
(4) Report on review
(5) Communicating final results
INVESTIGATION OF ENVIRONMENTAL OFFENCES
10(1) Right to request investigation
(2) Form of application
(3) Statement of belief
(4) Further information
11(1) Request for information from department
(2) Department must provide information
12(1) Directing department to conduct investigation
(2) When no investigation required
(3) Material to department
(4) Duty to investigate
(5) Notice to applicant
13(1) Report on investigation
(2) Communicating final results
PART 3
ENFORCEMENT OF
ENVIRONMENTAL RIGHTS
14(1) Court action to protect environment
(2) Steps before action — application for investigation
(3) Defence
15(1) Service on Attorney General
(2) Right of Attorney General
16 Interim order
17 Remedies
18(1) Court action against government
(2) Declaratory judgment
19 Standing in court action
20 Participation in court action
PART 4
ENVIRONMENTAL COMMISSIONER
APPOINTMENT
21(1) Appointment of Environmental Commissioner
(2) Appointment process
22(1) Officer of Assembly
(2) No other public office
23(1) Term of office
(2) Re-appointment
24(1) Remuneration
(2) No reduction of salary
(3) Expenses
25(1) Civil Service Superannuation Act applies
(2) Civil Service Act does not apply
(3) Employees are civil servants
RESIGNATION, REMOVAL OR SUSPENSION
26(1) Resignation
(2) Removal or suspension
(3) Suspension when Assembly not sitting
ACTING ENVIRONMENTAL COMMISSIONER
27(1) Acting environmental commissioner
(2) Responsibilities of acting environmental commissioner
(3) Term of acting environmental commissioner
RESPONSIBILITIES
28 Mediating environmental disputes
29 Responsibilities of the environmental commissioner
30(1) Annual report to Assembly
(2) Tabling the report
31 Special reports
PART 5
MISCELLANEOUS PROVISIONS
32 Other remedies preserved
33 Application of Farm Practices Protection Act
34 Consultation with Indigenous peoples
35(1) Protection of employee from adverse employment action
(2) Complaint to Manitoba Labour Board
(3) Meaning of "adverse employment action"
36 Regulations
37 C.C.S.M. reference
38 Coming into force