3rd Session, 43rd Legislature

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Bill 37

THE ENVIRONMENTAL STATUTES AMENDMENT ACT

(Assented to                                         )

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

PART 1
THE DANGEROUS GOODS HANDLING AND TRANSPORTATION ACT

C.C.S.M. c. D12 amended

1   The Dangerous Goods Handling and Transportation Act is amended by this Part.

2   Section 1 is amended

(a) in the definition "environmental assessment and review process", by adding ", including the filing of information in the public registry" at the end;

(b) by adding the following definition:

"public registry" means the public registry established under section 17 of The Environment Act; (« registre public »)

(c) by repealing the definitions "Clean Environment Commission", "environmental health" and "regional collection facility".

3   The following is added after section 18:

Fees for inspections and other activities

18.1   The director may charge fees in accordance with the regulations for any of the following activities of an environment officer or any other employee of the department:

(a) performing inspections and related services;

(b) reviewing reports and other documents submitted to the department;

(c) preparing documents prescribed in the regulations.

4   Section 23 is replaced with the following:

Obstruction prohibited

23   A person must not hinder, obstruct or interfere with or attempt to hinder, obstruct or interfere with the director, an environment officer, an inspector or any other person in the performance of their duties or the exercise of their authority under this Act or the regulations.

False or misleading information prohibited

23.1   A person must not knowingly make a false or misleading statement or knowingly provide false or misleading information in respect of any matter under this Act or the regulations to

(a) the department; or

(b) the director, an environment officer, an inspector or any other person performing their duties or exercising their authority under this Act or the regulations.

5   Section 33.1 is amended by striking out "one year" wherever it occurs and substituting "two years".

6   Section 37 is amended, in the part before clause (a), by striking out "sections 9, 10, 13, 17 and 18" and substituting "section 9, 10, 13, 16, 17 or 18".

7   The following is added after section 37:

Filing information in public registry

37.1   The director may, subject to section 37, file in the public registry any information about a hazardous waste disposal facility that the director considers appropriate, including information about monitoring, inspections, compliance, enforcement and appeals under this Act.

8(1)   Subsection 40(1) is amended

(a) in clause (ee.1) of the English version, by striking out "respecting"; and

(b) by adding the following after clause (ff):

(ff.1) the fees payable under section 18.1 for performing inspections and related services, reviewing reports and other documents and preparing specified documents;

8(2)   The following is added after subsection 40(2):

Prescribed fees

40(3)   A regulation respecting fees made under clause (1)(ff) or (ff.1) may

(a) prescribe the amounts of the fees or the manner of calculating them and the circumstances in which the fees may be charged;

(b) permit the full or partial waiver and refund of the fees in prescribed circumstances; and

(c) prescribe by whom, when and in what manner the fees are to be paid and the consequences for failing to pay.

PART 2
THE ENVIRONMENT ACT

C.C.S.M. c. E125 amended

9   The Environment Act is amended by this Part.

10   The following is added after subsection 14(2.1):

Record of appeal of minor alteration decision

14(2.2)   If a decision made under subsection (2) is appealed, the director or minister must file in the public registry

(a) notice that an appeal has been filed; and

(b) the disposition of the appeal.

11(1)   Section 17 is amended

(a) by renumbering it as subsection 17(1); and

(b) by striking out "and" at the end of clauses (e) and (f) and adding the following after clause (f):

(f.1) if a decision on the proposal is appealed, notice that an appeal has been filed and the disposition of the appeal; and

11(2)   The following is added as subsection 17(2):

Additional information about development

17(2)   At any time during the life cycle of a development, the director may, subject to section 47, file in the public registry any additional information about the development that the director considers appropriate, including information about monitoring, inspections, compliance, enforcement and appeals under this Act.

12   Clauses 20(a), (b) and (c) of the French version are amended by striking out "enquête" and substituting "inspection".

13   The following is added after section 22:

Fees for inspections and other activities

22.1   The director may charge fees in accordance with the regulations for any of the following activities of an environment officer or any other employee of the department:

(a) performing inspections and related services;

(b) reviewing reports and other documents submitted to the department;

(c) preparing documents prescribed in the regulations.

14   Section 37 is replaced with the following:

Obstruction prohibited

37   A person must not hinder, obstruct or interfere with or attempt to hinder, obstruct or interfere with the director, an environment officer or any other person in the performance of their duties or the exercise of their authority under this Act or the regulations.

False or misleading information prohibited

37.1   A person must not knowingly make a false or misleading statement or knowingly provide false or misleading information in respect of any matter under this Act or the regulations to

(a) the department; or

(b) the director, an environment officer or any other person performing their duties or exercising their authority under this Act or the regulations.

15   Section 39 is amended by striking out "one year" wherever it occurs and substituting "two years".

16(1)   Clause 41(1)(h) is replaced with the following:

(h) respecting fees payable for licences, permits, approvals and registrations obtained, issued or applied for under this Act or the regulations;

(h.1) respecting fees payable under section 22.1 for performing inspections and related services, reviewing reports and other documents and preparing specified documents;

16(2)   The following is added after subsection 41(5):

Prescribed fees

41(5.1)   A regulation respecting fees made under clause (1)(h) or (h.1) may

(a) prescribe the amounts of the fees or the manner of calculating them and the circumstances in which the fees may be charged;

(b) permit the full or partial waiver and refund of the fees in prescribed circumstances; and

(c) prescribe by whom, when and in what manner the fees are to be paid and the consequences for failing to pay.

PART 3
THE WASTE REDUCTION AND PREVENTION ACT

C.C.S.M. c. W40 amended

17   The Waste Reduction and Prevention Act is amended by this Part.

18   Subsection 14.1(2) is replaced with the following:

Amount of levy

14.1(2)   The amount of the levy for any 12-month period is to be determined in accordance with the applicable formula or tariff prescribed by regulation.

19   Clause 22(1)(j.1) is amended

(a) in subclause (ii), by striking out "for the purpose of clause 14.1(2)(a),"; and

(b) by replacing subclause (iii) with the following:

(iii) prescribing a formula or method for estimating the amount of waste received by waste disposal grounds for use in a formula or tariff prescribed under subclause (ii), and

PART 4
TRANSITIONAL PROVISIONS AND COMING INTO FORCE

Transitional — appeal of minor alteration decision

20(1)   Subsection 14(2.2) of The Environment Act, as enacted by section 10 of this Act, does not apply to an appeal filed before the day this Act receives royal assent.

Transitional — appeal in respect of proposal

20(2)   Clause 17(1)(f.1) of The Environment Act, as enacted by clause 11(1)(b) of this Act, does not apply to an appeal filed before the day this Act receives royal assent.

Coming into force — royal assent

21(1)   Subject to subsection (2), this Act comes into force on the day it receives royal assent.

Coming into force — proclamation

21(2)   The following provisions come into force on a day to be fixed by proclamation:

(a) section 3;

(b) clause 8(1)(b);

(c) subsection 8(2);

(d) sections 13 and 16;

(e) Part 3.