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The Environment Act

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4 Repealed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(7) Repealed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8 Repealed
9 Repealed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