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C.C.S.M. c. E125
The Environment Act
| 1(1) | Intent and purposes |
| (2) | Definitions |
| 2(1) | Department |
| (2) | Functions of the department |
| (3) | Environmental awareness programs |
| 3(1) | Appointment of director |
| (2) | Environment officer |
| (3) | Appointment of environmental mediator |
| 4 | |
| 5 | Advisory committees |
| 6(1) | Clean Environment Commission |
| (2) | Chairperson |
| (3) | Investigation into environmental matters |
| (4) | Public meetings and hearings |
| (5) | Specific duties of Commission |
| (5.1) | Terms of reference |
| (6) | Power of Commission under Evidence Act |
| (7) | Non-application of section 86 of Evidence Act |
| (8) | Rules of procedure |
| (9) | Quorum |
| (10) | Annual reports |
| (11) | Tabling of report |
| 7(1) | 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) | |
| (8) | Application of this section |
| 8 | |
| 9 | |
| CLASS 1 DEVELOPMENTS | |
| 10(1) | 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 |
| (7.1) | Notice of decision |
| (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(1) | 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 |
| (10.1) | Notice of decision |
| (11) | Director to issue or refuse a licence |
| (12) | Written reasons for refusal of licence |
| (13) | Reasons for not adopting commission advice |
| MINISTER MAY CONSIDER CLASS 1 OR 2 PROPOSALS | |
| 11.1 | Minister may consider Class 1 or 2 proposals |
| CLASS 3 DEVELOPMENTS | |
| 12(1) | 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 |
| MISCELLANEOUS PROVISIONS RESPECTING PROPOSALS | |
| 12.0.1(1) | Public consultations by proponent to be considered |
| (2) | Consultation results to commission |
| 12.0.2 | Climate change considerations |
| 12.1 | Water quality standards, objectives and guidelines |
| 13(1) | Issue of licence in stages |
| (2) | Licensing of preliminary steps |
| (3) | Effect of issue of licences in series |
| 13.1(1) | Agreements with other jurisdictions |
| (2) | Equivalent assessment |
| 13.2 | Participant funding by proponents |
| 14(1) | Proponent to notify director or minister of alteration in development |
| (2) | Dealing with minor proposed alterations |
| (2.1) | Record of minor alteration decision |
| (3) | Dealing with major proposed alterations |
| (4) | Decision on proposed alterations |
| (5) | Prior approval of alteration required |
| 15(1) | 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(1) | Suspension or variation in extra-ordinary circumstances |
| (2) | Suspension to be recorded |
| 19(1) | Suspension, etc. of licence |
| (2) | Restoration of licence |
| 20 | Powers of environment officers |
| 21(1) | Entry with warrant |
| (2) | Where officer may act without warrant |
| 22(1) | Disposition of seized goods |
| (2) | Forfeiture of seized product |
| (3) | Disposal of seized goods |
| 23 | Information to be provided by accused person |
| 24(1) | Environmental protection order |
| (2) | Contents of environmental protection order |
| (3) | Consequences of failing to comply with order |
| 24.1 | Emergency action to protect environment |
| 24.2(1) | Order to pay costs |
| (2) | Enforcement of order |
| 25(1) | Action by minister to minimize danger |
| (2) | No injunction against minister |
| 25.1(1) | Order by minister to municipality re health emergency |
| (2) | Variation, etc. of order |
| (3) | Communication of minister's order |
| (4) | No injunction |
| (5) | Normal processes not applicable if health emergency exists |
| (6) | Regulations Act not applicable |
| (7) | Municipality's power of entry |
| (8) | Action by minister if municipality fails to comply |
| (9) | Subsection (7) applies |
| (10) | Recovery of expenditures |
| (11) | Reimbursement to municipality for expenditures |
| (12) | Compensation for loss |
| 26(1) | Appeals from environment officer |
| (2) | Action by director on appeal |
| 27(1) | Appeal to minister |
| (2) | Disposition of appeal by minister |
| (3) | L.G. in C. approval |
| (4) | Notice |
| 28(1) | Appeal of minister's decision |
| (1.1) | Appeal to Lieutenant Governor in Council |
| (2) | Disposition of appeal |
| 29 | Actions in case of new evidence |
| 30 | Appeal does not act as stay of decision |
| 30.1(1) | No unauthorized release of pollutants |
| (2) | Exception re agricultural operations |
| (3) | Duty to report release |
| (4) | Reporting by person responsible for pollutant |
| (5) | Definitions |
| 30.2 | No release of pollutants in excess of limits |
| 31 | Offence |
| 32 | Continuing offence |
| 33(1) | 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(1) | Admissibility of certificate in evidence |
| (2) | Service of certificate on party |
| 40.1(1) | Prohibition |
| (2) | Permit for manure storage facility |
| (3) | Permit for confined livestock area |
| (4) | Permit to construct replacement facility or area |
| (5) | No increase in animal units allowed |
| (6) | Director may impose conditions on permit |
| (7) | Definitions |
| 41(1) | Regulations |
| (2) | Regulation development |
| (3) | Adoption of standards by reference |
| (4) | Varying of requirements by minister |
| (5) | Reasons for certain ministerial actions |
| (6) | Order re costs filed in court |
| (7) | Delegation of power under clause (1)(n.1) |
| 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 |
| 45.1 | |
| 45.2 | |
| 46 | Exemption from civil liability |
| 47 | Information confidential |
| 48(1) | 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(1) | Report to minister after hearing |
| (2) | Action by minister respecting proposal |
| (3) | By-law for carrying out project |
| 50(1) | Municipality may acquire lands for project |
| (2) | Application of Expropriation Act |
| 51(1) | Agreement by minister for abatement projects |
| (2) | Contents of agreement |
| 52 | Agreement between municipality and government |
| 53 | Borrowing by-law |
| 54 | Crown bound |
| 54.1 | Water Resources Conservation Act takes precedence |
| 55 | Reference in C.C.S.M. |
| 56 | Repeal |
| 57 | Commencement of Act |