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S.M. 1992, c. 25
The Dangerous Goods Handling and Transportation Amendment Act
(Assented to June 24, 1992)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
The Dangerous Goods Handling and Transportation Act is amended by this Act.
Section 16 is repealed and the following is substituted:
The director may issue a remedial order under this section if the director is of the opinion that dangerous goods or contaminants may cause, are causing or have caused a significant adverse effect on an area of the environment.
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) any person who owned or occupied the affected area at the time the dangerous goods or contaminants escaped or were discharged, released, spilled, abandoned or otherwise introduced into the environment, whether before or after this section comes into force;
(c) any person who owns or has possession, charge or control of the dangerous goods or contaminants;
(d) any person who owned or had possession, charge or control of the dangerous goods or contaminants at the time they escaped or were discharged, released, spilled, abandoned or otherwise introduced into the environment, whether before or after this section comes into force;
(e) any other person who caused or authorized the discharge, release, spill, abandonment or introduction into the environment of the dangerous goods or contaminants, whether before or after this section comes into force.
Requirements of remedial order
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 to restore 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.
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.
Section 22 is repealed and the following is substituted:
Director may cause work to be done
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.
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 to do the thing.
If, after the director causes any thing to be done under this Act or the regulations, the director ascertains 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.
An order to pay costs may be filed with the Court of Queen's Bench and enforced as if it were an order of the Court in favour of Her Majesty in right of Manitoba.
Subsection 30(4) is amended by striking out everything after "in accordance with this section," and substituting "the director may issue an order to pay the costs incurred by the government to the person having ownership, custody or control of the contaminant at the time of the accident, and the order may be filed with the Court of Queen's Bench and enforced as if it were an order of the Court in favour of Her Majesty in right of Manitoba."
Subsection 40(1) is amended by adding the following after clause (dd):
(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.
This Act comes into force on the day it receives royal assent.