Bill 202 — First Session, 22Nd Legislature, 38 Elizabeth Ii the Legislative Assembly of Alberta Bill 202 Environmental Impact Assessment Act (Legislature 22, Session 1)

L22 S1 2851

Alberta — Bills

1989 BILL 202 First Session, 22nd Legislature, 38 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 202 ENVIRONMENTAL IMPACT ASSESSMENT ACT MR. McINNIS First Reading .... Second Reading Committee of the Whole Third Reading Royal Assent .

Definitions Bill 202 Mr. Mclnnis BILL 202 1989 ENVIRONMENTAL IMPACT ASSESSMENT ACT (Assented to , 1989) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1 In this Act: (a) "assessment" means an environmental impact assessment required under

section 8; (b) "contaminant" means any substance, whether gaseous, liquid or solid, that: (

i) is foreign to or significantly in excess of the natural constituents of the environment; or (ii) affects the natural, physical, chemical or biological quality of the environment; and that is or may be injurious to the health or safety of persons or injurious or damaging to property or to plant or animal Ufe; (c) "council" means the Environment Council of Alberta; (d) "development" means any project, operation or activity or any alteration or expansion of any project, operation or activity which is likely to:

(

i) have an effect on any unique, rare or endangered species or feature of the environment; (ii) substantially utilize any natural resource and in so doing pre-empt the use, or potential use, of a significant part of that resource for any other purpose by another person; (iii) cause the emission of any pollutants or create by-products, residual or waste products which require handling and disposal in a manner that is not regulated by any other Act or regulation; (iv) raise public interest and concern that it may cause widespread environmental changes; (

v) involve new technology concemed with resource utilization that may cause significant environmental change; or (vi) have a significant impact on the environment or necessitate or be dependent on a further development which is likely to have a significant impact on the environment; (e) "environment" means (

i) air, land and water; (ii) plant and animal life, including man; and (iii) the social, economic and cultural conditions that influence the life of man or a community insofar as they are related to the matters described in subclauses (

i) and (ii); (f) "environment officer" means a person appointed pursuant to

section 7(

g) of the Department of the Environment Act and specifically charged with such duties relating to the enforcement of this Act; (g) "Minister" means the Minister of the Environment; (h) "ministerial approval" means the written approval of the Minister given pursuant to

section 15(1) or

section 16(2);

(i) "municipality" means a municipality as defined in the Municipal Government Act; (j) "person" includes a body corporate or other legal entity, an unincorporated association, partnership, or other organization, a municipality, the Crown, a Crown corporation or an agency of the Crown; (k) "pollutant" means a substance, including a contaminant, which results, or is likely to result, in pollution; (1) "pollution" means alteration of physical, chemical, biological or aesthetic properties of the environment, including the addition of any contaminant, that: (

i) will render the environment harmful to public health; (ii) is unsafe or harmful to domestic, municipal, industrial, agricultural, recreational or other lawful uses of the environment; or (iii) is harmful to plant or animal Ufe; (m) "proponent" means a person who proposes or desires to undertake a development; (n) "statement" means an environmental impact statement required under

section 8. Application of Act 2 This Act binds the Crown. Purpose 3 The purposes of diis Act are: (

a) to ensure that developments are properly assessed so as to control pollution and conserve the environment; (

b) to ensure that the views of those members of the public likely to be affected by a development are properly considered. Powera of Minister 4(1) The Minister may investigate any project, operation or activity or any alteration or expansion of it, and if he has grounds to believe that it is a development within the meaning of this Act, he

shall order that it is a development and shall advise the proponent of the grounds.

(2) For die purpose of administering and enforcing this Act and the regulations, the Minister may: (

a) conduct research with respect to the environment, assessments or statements; (

b) conduct studies of the quality of the environment, or with respect to environmental planning, assessments or statements; (

c) gather, pubUsh and disseminate information with respect to the environment, assessments or statements; (

d) appoint committees to perform any advisory functions that he considers necessary; (

e) make any examinations, tests or other arrangements that he considers necessary for the operation of this Act; (

f) with the approval of the Lieutenant Govemor in Council, enter into agreements with any govemment or person with respect to the environment, assessments or statements. Grants for research 5(1) Subject to subsection (2), the Minister may make grants to any person for research and for the preparation and presentation of briefs related to assessments or statements. Minister may withheld proprietary infonnation

(2) The Minister shall obtain the approval of the Lieutenant Govemor in Council before making any grant under subsection (1) that is in excess of $10 000.

(3) A grant may be made pursuant to this

section only if money has been appropriated to that purpose by the Legislature. 6 Where, in the opinion of the Minister, it is in the pubUc interest or in the legitimate interest of any person, the Minister may, subject to the regulations, withhold or Umit production, public inspection or discovery of any information or document of a proprietary nature, otiier than any information or document that relates to a poUutant or to public health or human safety.

Ministerial approval required Asaessment and review procedure 7(1) Notwithstanding Uie requirements of any Act, regulation or by-law relating to any Ucence, permit, approval, permission or consent, a proponent shall obtain ministerial approval to proceed with a development, and no person shaU proceed with a development until he has received ministerial approval.

(2) Where a confUct exists between any condition of any Ucence, permit, approval, permission, or consent granted under any other Act, regulation or by-law and a condition of the ministerial approval, the condition of the ministerial approval prevails.

(3) Notwithstanding subsection (1), a proponent may, subject to the regulations, conduct a feasibiUty study, including research and exploration, and may take any other necessary action to comply with this Act before obtaining ministerial approval to proceed. 8(1) The proponent of a development shaU, in accordance with the regulations, cause to be prepared and submitted to the Minister an environmental impact assessment of the development, which assessment shall include: (

a) a description of the purpose of the development; (

b) a description of and statement of the rationale for (

i) the development, and (

U) altematives to the development; (

c) a description of (

i) the environment that will be affected by the development or that might reasonably be expected to be affected, directly or indirectiy, and (

u) the effects that wUl be caused or might reasonably be expected to be caused to the environment; (

d) a description of the steps which will be taken to (

i) ensure conservation and proper management of natural

resources, (

U) prevent, change, mitigate or remedy pollution of the environment, (ui) prevent, change, mitigate or remedy harmful noise levels resulting from die constmction and operation of the development, (iv) preserve the natural environment for its aesthetic or wilderness value; and (

e) an assessment of any alternate means by which the proposed development could be carried out so as to minimize its impact on the environment

(2) The proponent shall ensure that the person preparing the assessment under subsection (1) is at arm's length from and has no interest in the proposed development other than in the preparation of the assessment Notice of assessments Review of statements 9 Where the Minister becomes aware that an assessment is about to be conducted, he shall immediately give notice of the assessment in any manner that may be prescribed in the regulations. 10(1) The Minister shall cause a review to be prepared of each statement he receives.

(2) When the review mentioned in subsection (1) is completed, the Minister shall: Public access to statements (

a) make the statement and review available for public inspection, and (

b) give notice, in the manner prescribed in the regulations of the locations at which the statement and the review may be inspected, and may prescribe any conditions relating to the inspection that he considers appropriate. 11 Any person may: (

a) inspect a statement and review that is available for pubUc

Petition for meeting inspection pursuant to

section 10(2); (

b) make a written submission to the Minister within 60 days from the date when the Minister first gives notice pursuant to

section 10(2); or (

b) make a written or verbal submission to a pubUc hearing held pursuant to

section 12. 12(1) At any time prior to making his decision whether to approve a development, the Minister shall: (

a) cause a public hearing to be conducted relating to the development, not less than 30 days and not more than 90 days after the Minister makes the statement pubUc; (

b) provide notice of the hearing in the prescribed manner in the regulations; and (

c) direct the proponent to provide further availability of expert wimesses.

(2) A public hearing required under this

section shall be conducted by the Environment Council of Alberta pursuant to

section 7(l)(

d) of the Environment Council Act.

(3) Within 60 days after the completion of the hearing, the Council shaU submit a report of its findings to the Minister, including any measures it considers necessary or advisable to protect the environment or the pubUc good. 13 In addition to the public hearing required under

section 12, the Minister may, upon his own motion, and shaU, when directly petitioned in a manner prescribed by the regulations by at least 10 Canadian citizens resident in the Province, cause a public information meeting to be conducted relating to a development, within 30 days of his receipt of the petition, and shall direct die proponent to attend the meeting and to make experts available to the meeting. 14 For the purpose of any hearing pursuant to this Act, the Council or any member thereof, or any other person authorized by the

Decision of Minister CouncU to conduct a hearing, has all the powers of a commissions appointed under the Public Inquiries Act. 15(1) Where the Minister is satisfied that a proponent has met all the requirements of this Act, he shall, within a reasonable time aftei making his decision: (

a) give die proponent written approval to proceed with the development, subject to any terms and conditions that he considers necessary or advisable; or (

b) advise the proponent that he refuses to approve the development and give his reasons in writing.

(2) The Minister shall also give notice of his decision, together with written reasons for the decision, to: (

a) any person who has made a written submission to the Minister or the hearing pursuant to sections 11 and 12, and (

b) any other person that the Minister considers should receive notice. Changes after decision 16(1) Where a proponent, (

a) has received ministerial approval to proceed; and (

b) intends to make a change in the development that does not conform to the terms or conditions contained in the ministerial approval; he shall inform the Minister of the proposed change before proceeding widi it.

(2) Where die Minister has received notice of a proposed change, he shall either, (

a) give the proponent written approval of die proposed change subject to any terms and conditions that he considers advisable; (

b) advise the proponent in writing that he refuses to approve

die change in the development; or (

c) if he considers the change to have a major environmental impact, direct die proponent to seek approval for the proposed change in the manner prescribed in sections 7 to 13 as if it were a new or separate development.

(3) The Minister shaU give notice of his decision, together with written reasons for the decision, to: (

a) any person who has made a written submission to the Minister or the hearing conceming the original development pursuant to

section 11; and (

b) any other person that the Minister considers should receive notice. Com]diance with conditions Court appeal and order Investigation

(4) No person shall proceed with a change in a development untU he has received ministerial approval for the change. 17 No person shall proceed with a development for which he has received ministerial approval, except in accordance with the terms and conditions of the ministerial approval. 18(1) Any decision or order of die Minister may be appealed on a question of law or jurisdiction by die proponent to the Court of Queen's Bench, widiin 90 days of notice of it to die proponent, and the Court may affirm, vary or quash die decision or order.

(2) The Minister may apply to the Court of Queen's Bench for an order enjoining any person from proceeding with a development contrary to this Act or to the terms and conditions of any ministerial approval, and the Court may make an order on any terms and conditions that it considers appropriate. 19 Where, in the opinion of die Minister, the terms and conditions of a ministerial approval are not being compUed with, he may cause any investigation, inspection or inquiry to be conducted and require any information or document to be submitted to him that he considers necessary to determine whether the ministerial approval is being complied with.

ordertosearch 20(1) Whcrc a judgc of tiic PTovinclal Court is satisfied by information on oath that there are reasonable grounds for die issuance of an order to enable an environment officer to carry out the duties assigned to him, the judge may issue an order on any terms and conditions he considers appropriate, authorizing an environment officer to: (

a) enter and search any land, building or chattel; and (

b) seize any chattels, documents or samples; described in the order.

(2) Every environment officer, while exercising his audiority pursuant to an order issued under this section, shall produce a copy of the order upon the request of any person who has the custody, possession or control of any land, building, chattel or document described in the order.

(3) No person shaU obstmct or impede an environment officer acting pursuant to an order issued under this section. conGdentkiity 21(1) Evcry environmcut officer shall preserve die confidentiality of any matter that comes to his knowledge in the course of any investigation, inspection, test or inquiry under diis Act, and no environment officer shall communicate any such matter to any person except: (

a) as may be required in connection widi the administi-ation of, or in any proceeding under this Act and the regulations; (

b) to his counsel; or (

c) widi die consent of the person to whom the information refers.

(2) Except in a proceeding under this Act or the regulations, no environment officer is a compeUable or competent wimess to give testimony in any civil suit or proceeding with regard to information obtained by him in the course of any investigation, inspection, test or inquiry under this Act or the regulations. 10

Limitation 22 No person shall knowingly give false information to: (

a) the Minister; (

b) any environment officer; (

c) a public hearing under

section 12; or (

d) any appointee of, or person employed by or acting on behalf of, the Minister or a pubUc hearing in respect of any matter to which this Act or the regulations relate. 23 Any person who conti-avenes sections 7(1), 16(4), 17, 20(3) or 22 is guilty of an offence and liable on

summary conviction to a fine of not more than $50 000 and, in the case of a continuing offence, to a further fme of not more dian $50 000 for each day or part of a day during which the offence continues. 24 No prosecution of an offence under this Act shall be commenced after 5 years from the day of the commission of the aUeged offence. Liability 25(1) Where any person proceeds widi a development for which ministerial approval is required without: (

a) being given ministerial approval, or (

b) being exempted pursuant to

section 3, he is Uable to any other person who suffers loss, damage or injury as a result of the development, and that other person is not required to prove negligence or intention to inflict loss, damage or injury.

(2) When a person who claims under subsection (1) has shown that he has suffered loss, damage or injury and he shows reasonable grounds to beUeve diat it was caused at least in significant part by the development, the burden of proving that any loss, damage or injury was not caused by a development is on the person carrying out die development.

(3) Nothing in this

section shaU be constined as replacing or 11

limiting any other remedy available at law. Notices 26(1) Any notice required to be given by this Act or dw regulations is, unless otherwise provided for, to be servec personaUy or mailed by registered mail to the last known address ol the person being served.

(2) A notice served by registered mail is deemed to have beer received on die 7di day following the date of its maiUng, unless die person to whom it was mailed establishes that, through no fault of his own, he did not receive the notice or that he received it at a later date. Regulations 27 The Lieutenant Govemor in CouncU may make regulations: (

a) respecting any requirement relating to an assessment or a statement; (

b) respecting any guideline applicable to the approval of any development; (

c) subject to

section 26, respecting the manner and form of giving notice under this Act; (

d) prohibiting or regulating, in aU or any part of die Province, any feasibility study or any other action permitted under

section 7(3); (

e) specifying die grounds on which the Minister may widihold or limit disclosure of any information, matter or document relating to a development; (

f) respecting the awarding of costs of intervenors at public hearings held under diis Act Consequential c. L-3. R.S.A. 1980 28

Section 8 of the Land Surface Conservation and Reclamation Act is repealed. Consequential c. E-13,R.S.A. 1980 29(i^ The Environment Council Act is amended by this section.

(2) Section 7(1) is amended in clause (

d) by adding "when required to do so by sections 12 and 13 of die Environmental Impact 12

Assessment Act, or" after the word "shaU". Coming into 3Q j^^ ^^j. ^omcs iuto forcc on a date to be fked by force Proclamation which shaU not be earUer than the date upon which money is appropriated to the purposes of this Act by the Legislature. 13 Title: 1989 (22nd, 1st) Bill 202, Environmental Impact Assessment Act

Document details

Collection	Alberta — Bills
Citation	L22 S1 2851
Type	bill
Volume / chapter	L22 S1 2851
Language	en
Format	json
Source	PROVINCIAL
Identifier	1574fab6351f86c39a8b417dbeb02e5f7c5b1bc1

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