S.M. 1987-88, c. 26

The Environment Act

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Table of Contents

1		Intent and purposes.
	(2)	Definitions.
2		Department.
	(2)	Functions of the department.
	(3)	Environmental awareness programs.
3		Appointment of director.
	(2)	Environment officers.
	(3)	Appointment of environmental mediator.
4		Report by minister.
	(2)	Tabling of report.
5		Advisory committees.
6		Clean Environment Commission.
	(2)	Chairperson.
	(3)	Investigation into environmental matters.
	(4)	Public meetings and hearings.
	(5)	Specific duties of Commission.
	(6)	Power of Commission under Evidence Act.
	(7)	Non-application of section 88 of Evidence Act.
	(8)	Rules of procedure.
	(9)	Quorum.
	(10)	Annual reports.
	(11)	Tabling of report.
7		Notice to hold public hearings.
	(2)	Representations to Commission.
	(3)	Commission to submit recommendations to minister.
	(4)	Commission may add members.
	(5)	Three regular members required for hearings.
	(6)	Transcript required.
	(7)	Transcript of evidence to be filed.
8		Appointment of council.
	(2)	Chairperson of council.
	(3)	Honoraria and expenses for council members.
	(4)	Investigations by council.
	(5)	Report and recommendations of council.
9		Chairperson of commission is a member of council.
	(2)	Joint studies.
	(3)	Participation of council members in hearings.
	(4)	Meetings to be conducted by council and commission.
CLASS 1 DEVELOPMENTS
10		Licence required for development.
	(2)	Existing development.
	(3)	Form of Class 1 proposal.
	(4)	Action by director on Class 1 proposals.
	(5)	Proposal may be considered as Class 2 development.
	(6)	Assessment of Class 1 development
	(7)	Public hearings.
	(8)	Director to issue or refuse licence.
	(9)	Written reasons for refusal of licence.
	(10)	Reasons for not adopting commission advice.
CLASS 2 DEVELOPMENTS
11		Licence required for development.
	(2)	Ministerial agreement.
	(3)	Cancellation of agreement by minister.
	(4)	Status of approval.
	(5)	Enforcement of approval provisions.
	(6)	Existing developments.
	(7)	Form of Class 2 proposal.
	(8)	Action by director in Class 2 developments.
	(9)	Assessment of Class 2 development.
	(10)	Public hearings.
	(11)	Director to issue or refuse a licence.
	(12)	Written reasons for refusal of licence.
	(13)	Reasons for not adopting commission advice.
CLASS 3 DEVELOPMENTS
12		Licence required for Class 3 development.
	(2)	Existing developments.
	(3)	Form of Class 3 proposal.
	(4)	Action by minister in Class 3 developments.
	(5)	Assessment of Class 3 developments.
	(6)	Public hearings.
	(7)	Minister to issue or refuse licence.
	(8)	Reasons for not adopting commission advice.
13		Issue of licences in stages.
14		Proponent to notify director or minister of alteration in development.
	(2)	Dealing with minor proposed alterations.
	(3)	Dealing with major proposed alterations.
	(4)	Decision on proposed alterations.
	(5)	Prior approval of alteration required.
15		Compliance with limits, etc.
	(2)	Development not to proceed.
	(3)	Previous order deemed to be a licence.
	(4)	Licence binding on purchase.
16		Deemed development.
17		Public registry.
18		Suspension or variation in extra-ordinary circumstances.
	(2)	Suspension to be recorded.
19		Suspension, etc. of licence.
	(2)	Restoration of licence.
20		Powers of environment officers.
21		Entry with warrant.
	(2)	Where officer may act without warrant.
22		Disposition of seized goods.
	(2)	Forfeiture of seized product.
	(3)	Disposal of seized goods.
23		Information to be provided by accused person.
24		Emergency action by environment officer.
	(2)	Expiry of order.
	(3)	Failure to comply with order.
	(4)	Emergency action by director.
	(5)	Application for court order.
	(6)	Emergency action by director.
	(7)	Failure to comply with order an offence.
	(8)	Agent of government.
	(9)	Recovery of costs.
25		Action by minister to minimize danger.
	(2)	No injunction against minister.
26		Appeals from environment officer.
	(2)	Action by director on appeal.
27		Appeal to minister.
	(2)	Disposition of appeal by minister.
	(3)	Lieutenant Governor in Council approval.
28		Appeal to Lieutenant Governor in Council.
	(2)	Action by Lieutenant Governor in Council on appeal.
29		Actions in case of new evidence.
30		Appeal does not act as stay of decision.
31		Offence.
32		Continuing offence.
33		Penalties on individuals.
	(2)	Penalties on corporations.
34		Judge may restore licence.
35		Offence by director of corporation.
36		Other penalties.
37		Obstruction in performance of duties prohibited.
38		Who may lay information.
39		Limitation on prosecution.
40		Admissibility of certificate in evidence.
	(2)	Service of certificate on party.
41		Regulations.
	(2)	Regulation development.
	(3)	Adoption of standards by reference.
	(4)	Varying of requirements by minister.
	(5)	Reasons for certain ministerial actions.
42		Regulation may apply to part or all of province.
43		Regulations re sensitive areas.
44		Conflict between licence and regulation.
45		Sale of marketable emission rights.
46		Exemption from civil liability.
47		Information confidential.
48		Abatement project.
	(2)	Contents of proposal for abatement project.
	(3)	Reference of proposal to commission.
	(4)	Public hearing by commission.
	(5)	Parties to hearing.
49		Report to minister after hearing.
	(2)	Action by minister respecting proposal.
	(3)	By-law for carrying out project.
50		Municipality may acquire lands for project.
	(2)	Application of Expropriation Act.
51		Agreement by minister for abatement projects.
	(2)	Contents of agreement.
52		Agreement between municipality and government.
53		Borrowing by-law.
54		Crown bound.
55		Reference in C.C.S.M.
56		Repeal.
57		Commencement of Act.