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C.C.S.M. c. C205
The Contaminated Sites Remediation Act
| PART 1 | |
| PURPOSE, INTERPRETATION AND APPLICATION | |
| 1(1) | Purpose |
| (2) | Principles of sustainable development |
| 2 | Definitions |
| 3(1) | Application |
| (2) | Orders under Dangerous Goods Handling and Transportation Act |
| (3) | Application to sites under Oil and Gas Act and Mines and Minerals Act |
| (4) | Obligations under Oil and Gas Act and Mines and Minerals Act |
| (5) | Crown bound |
| PART 2 | |
| SITE INVESTIGATION AND DESIGNATION | |
| 3.1 | Duty to notify director about contamination |
| 4(1) | Site investigation |
| (2) | Requirements of investigation order |
| (3) | Further investigation or report |
| 5 | Agreement for site investigation |
| 6 | Access to site |
| 7(1) | Designation of contaminated site |
| (2) | Revocation of designation |
| 7.1(1) | Designation of impacted site |
| (2) | Notice of designation in registry |
| (3) | Notice to owner |
| 7.2(1) | Revocation of designation |
| (2) | Notice of revocation |
| 7.3(1) | Application for determination of responsibility |
| (2) | Application requirements |
| (3) | Responsibility for remediation of impacted site |
| 7.4(1) | Appeals re impacted sites subject to determination of responsibility of remediation |
| (2) | Procedures re appeals under Part 3 |
| (3) | Procedures re appeals of remediation order |
| (4) | Procedures re appeal of costs of remediation |
| (5) | No other appeal or review |
| 8 | Further investigation of contaminated site |
| PART 3 | |
| PERSONS RESPONSIBLE FOR REMEDIATION OF CONTAMINATED SITES | |
| 9(1) | Persons potentially responsible for remediation |
| (2) | Persons not responsible for remediation |
| (3) | Exemption for minor contributor |
| 10(1) | Designation of potentially responsible persons |
| (2) | Notice to potentially responsible persons |
| 11(1) | Claim for exemption |
| (2) | Contents of request |
| (3) | Director to determine eligibility |
| (4) | Referral to commission |
| 12(1) | Request to name additional persons |
| (2) | Requirements of request |
| (3) | Director to consider request |
| 13 | Director may designate additional persons |
| 14(1) | Notice of additional designation |
| (2) | Notification of changes to potentially responsible persons |
| PART 4 | |
| REMEDIATION | |
| REMEDIATION OF IMPACTED SITES | |
| 14.1(1) | Duty to file remediation plan for impacted site |
| (2) | Remediation plan requirements |
| 14.2 | Consultation on remediation plan |
| 14.3(1) | Remediation order for impacted site |
| (2) | Remediation order if no plan filed |
| (3) | Contents of remediation order |
| (4) | Further or amended orders |
| (5) | Notice of remediation order |
| 14.4 | Director may undertake emergency remediation |
| REMEDIATION OF CONTAMINATED SITES | |
| 15(1) | Order for remediation plan |
| (2) | Time for filing remediation plan |
| 16(1) | Consultation regarding remediation plan |
| (2) | Review of remediation plan by commission |
| (3) | Consultation during apportionment hearing |
| (4) | Commission to hold public hearing |
| (5) | Application of Environment Act |
| 17(1) | Remediation order |
| (2) | Contents of remediation order |
| (3) | Further or amended orders |
| (4) | Notice of remediation order |
| (5) | Director may undertake remediation in emergency |
| (6) | Determining costs of remediation |
| GENERAL PROVISIONS RESPECTING REMEDIATION | |
| 17.1(1) | No remediation unless authorized |
| (2) | Remediation requirements |
| 18 | Factors relevant to remediation requirements |
| 18.1 | Access order |
| 19(1) | Certificate of compliance |
| (2) | Contents of certificate |
| (3) | Certificate for remediation without order |
| (4) | Filing of certicate |
| 20 | No licence required under Environment Act |
| PART 5 | |
| APPORTIONMENT OF RESPONSIBILITY FOR REMEDIATION | |
| 21 | Factors re responsibility for remediation |
| APPORTIONMENT BY AGREEMENT | |
| 22(1) | Apportionment agreement |
| (2) | Appointment of mediator |
| (3) | Relevant factors |
| (4) | Notice of rejection |
| APPORTIONMENT BY ORDER OF THE COMMISSION | |
| 23(1) | Request for apportionment by the commission |
| (2) | Referral to commission |
| (3) | Early referral to commission |
| (4) | |
| 24(1) | Parties to hearing |
| (2) | Additional parties |
| (3) | Recommencement of hearing |
| 25 | Director entitled to be heard |
| 26(1) | Decision regarding apportionment |
| (2) | Assigning responsibility |
| (3) | Limitation |
| (4) | Contributions in kind |
| 27(1) | Party's costs of hearing |
| (2) | Commission's costs of hearing |
| LIMITS OF RESPONSIBILITY | |
| 28(1) | Personal liability of trustee, receiver or receiver manager |
| (2) | Limit of liability for trustee, receiver or receiver manager |
| 29(1) | Agreement limiting liability |
| (2) | Cost recovery under agreement |
| 30(1) | Joint liability for amounts in default |
| (2) | Notice and grace period |
| (3) | Continuing liability |
| 31 | Effect of apportionment |
| PART 6 | |
| COST RECOVERY | |
| 32 | Director's power on default |
| 33(1) | Debt due to government |
| (1.1) | Costs of emergency remediation a debt to government |
| (2) | Debt for amount payable |
| 34(1) | Certificate of debt |
| (2) | Filing of certificate |
| 35(1) | Lien for debt due to government |
| (2) | Extent of security |
| (3) | When lien takes effect |
| (4) | Lien against property acquired by creditor |
| 36(1) | Registration against real property |
| (2) | Registration on production |
| (3) | Effect of registration |
| (4) | Priority of lien |
| (5) | Discharge of lien on real property |
| 37(1) | Registration in Personal Property Registry |
| (2) | Application of PPSA |
| (3) | Interpretation |
| (4) | Perfection upon registration |
| (5) | Repealed |
| (6) | Discharge of lien on personal property |
| 38 | Land sold for taxes |
| PART 7 | |
| APPEALS | |
| APPEALS TO COMMISSION | |
| 39(1) | Appeal from director's decision or order |
| (2) | Parties to appeal |
| (3) | Notice of appeal |
| (4) | Stay of order or decision |
| 40(1) | Hearing panel |
| (2) | Scheduling a hearing |
| (3) | Director entitled to be heard |
| 41(1) | Evidentiary matters |
| (2) | Opportunity to examine materials |
| 42(1) | Powers of commission on appeal |
| (2) | Order regarding costs of representation |
| (3) | Order regarding costs of hearing |
| (4) | Notice of decision or order |
| 43 | Record of hearing |
| 44 | Combined hearing |
| APPEALS TO MINISTER | |
| 45(1) | Appeal of remediation order |
| (2) | Content of notice |
| (3) | Minister may stay remediation order |
| (4) | Minister's powers on appeal |
| (5) | Referral to commission |
| 46(1) | Appeal re costs of remediation |
| (2) | Notice of appeal |
| (3) | Minister's powers on appeal |
| COURT OF APPEAL | |
| 47(1) | Reference to Court of Appeal |
| (2) | Decision of Court of Appeal |
| (3) | Proceedings, etc. not stayed |
| (4) | Director entitled to be heard |
| (5) | Costs |
| 48(1) | Appeal to Court of Appeal |
| (2) | Appeal with leave |
| (3) | Time for application for leave |
| 49 | Commission entitled to be heard |
| 50 | Stay of commission's decision or order |
| 51 | Court's powers on appeal |
| 52 | No other appeal or review |
| PART 8 | |
| OFFENCES AND PENALTIES | |
| 53(1) | Offences |
| (2) | Officers and directors of corporations |
| (3) | Penalties for individuals |
| (4) | Penalties for corporations |
| (5) | Limitation period |
| PART 9 | |
| GENERAL PROVISIONS | |
| 54 | Appointment of director and environment officers |
| 55(1) | Registry |
| (2) | Access and fees |
| 56(1) | Commission's rules of procedure |
| (2) | Rules under Environment Act |
| (3) | Manner of hearing |
| (4) | Membership of hearing panel |
| (5) | Chairperson may add members |
| (6) | Powers of commission |
| (7) | Non-application of section 86 of Evidence Act |
| (8) | Rules of evidence |
| 57(1) | Director may establish guidelines |
| (2) | Guidelines not binding |
| 58 | Director may provide estimates |
| 59(1) | Service of documents |
| (2) | Receipt by mail |
| (3) | Actual notice or receipt |
| 60(1) | Regulations by L.G. in C. |
| (2) | Regulations by minister |
| (2.1) | Standards adopted by regulation |
| (3) | Development of regulations |
| 61 | Immunity |
| 62 | Compellability of witnesses |
| 63 | Powers of environment officers |
| 64(1) | Order for entry |
| (2) | Warrant to enter and seize |
| (3) | Assistance to environment officers |
| 65 | Entry without trespass |
| 66 to 69 | |
| 70 | C.C.S.M. reference |
| 71 | Coming into force |