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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 other Acts | |
| (4) | Obligations under other Acts | |
| (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) | Commission to schedule hearing | |
| 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 | |