.png){kind=small}
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| 4 | Repealed | |
| 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| (7) | Repealed | |
| (8) | Application of this section | |
| 8 | Repealed | |
| 9 | Repealed | |
| 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 | |
| 12.2 | Peat harvesting licence to be obtained before development licence | |
| 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 extraordinary 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) | Statutes and Regulations Act does not apply | |
| (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 | Repealed | |
| 40.2 | Repealed | |
| 40.3 | (1) | Prohibition — disposal fields in capital region |
| (2) | Exception — existing disposal fields | |
| (3) | Definition of "Red River corridor" | |
| 40.4 | Prohibiting pesticide use on lawns | |
| 40.5 | Prohibiting pesticide use on grounds of specified facilities | |
| 40.6 | Exceptions | |
| 40.7 | (1) | Restricting sale of prescribed pesticides |
| (2) | Exception | |
| 40.8 | Exception for allowable pesticides | |
| 40.9 | Ministerial regulations re prescribed pesticides | |
| 40.10 | (1) | Definitions |
| (2) | Interpretation: "exterior property" | |
| 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 | Repealed | |
| 45.2 | Repealed | |
| 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 | |