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