C.C.S.M. c. E125
The Environment Act
Table of Contents
1 | Intent and purposes | |
(2) | Definitions | |
2 | Department | |
(2) | Functions of the department | |
(3) | Environmental awareness programs | |
3 | Appointment of director | |
(2) | Environment officer | |
(3) | Appointment of environmental mediator | |
4 | [Repealed] | |
5 | Advisory committees | |
6 | 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 | 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(7) | [Repealed] | |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8 | [Repealed] | |
9 | [Repealed] | |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 | 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 | 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 |
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11.1 | Minister may consider Class 1 or 2 proposals | |
CLASS 3 DEVELOPMENTS | ||
12 | 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 |
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12.0.1 | 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 | Issue of licence in stages | |
(2) | Licensing of preliminary steps | |
(3) | Effect of issue of licences in series | |
13.1 | Agreements with other jurisdictions | |
(2) | Equivalent assessment | |
13.2 | Participant funding by proponents | |
14 | 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 | 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 | Suspension or variation in extraordinary circumstances | |
(2) | Suspension to be recorded | |
19 | Suspension, etc. of licence | |
(2) | Restoration of licence | |
20 | Powers of environment officers | |
21 | Entry with warrant | |
(2) | Where officer may act without warrant | |
22 | Disposition of seized goods | |
(2) | Forfeiture of seized product | |
(3) | Disposal of seized goods | |
23 | Information to be provided by accused person | |
24 | 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 | Order to pay costs | |
(2) | Enforcement of order | |
25 | Action by minister to minimize danger | |
(2) | No injunction against minister | |
25.1 | 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 | Appeals from environment officer | |
(2) | Action by director on appeal | |
27 | Appeal to minister | |
(2) | Disposition of appeal by minister | |
(3) | L.G. in C. approval | |
(4) | Notice | |
28 | 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 | 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 | 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 | Admissibility of certificate in evidence | |
(2) | Service of certificate on party | |
40.1 | [Repealed] | |
40.2 | [Repealed] | |
40.3 | 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 | Restricting sale of prescribed pesticides | |
(2) | Exception | |
40.8 | Exception for allowable pesticides | |
40.9 | Ministerial regulations re prescribed pesticides | |
40.10 | Definitions | |
(2) | Interpretation: "exterior property" | |
41 | 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 | 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 | Report to minister after hearing | |
(2) | Action by minister respecting proposal | |
(3) | By-law for carrying out project | |
50 | Municipality may acquire lands for project | |
(2) | Application of Expropriation Act | |
51 | 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 |