1972 Bill 41 = First Session, 17th Legislature, 21 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 41 The Clean Air Amendment Act, 1972 MR. CHAMBERS First Reading Second Reading ............. . . . . . . . . . . . . . . . . . Third Reading .............. . Printed by L. S. Wall, Queen's Printer, Edmonton

BILL 41 1972 THE CLEAN AIR AMENDMENT ACT, 1972 (Assented to ,1972) HER MAJESTY, by and with the advice and consent of the Legis:l,ative Assemibly of Alberta, ena:ctsas foHows: 1. The Clean Air Act is hereby amended.

Section 1 is amended (

a) by striking out clause (

e) and by substituting the following clause: (e) "Director of Standards and Approvals" and "Director of Pollution Control" mean respec­ tively the Director of the Division of Standards and Approvals of the Department of the En­ vironment and Director of the Division of Pol­ lution Control of the Department of the En­ vironment; (

b) by adding the following clause after clause (g): (g1) "licence" means a licence to operate a plant, structure or thing issued by the Director of Standards and Approvals in accordance with

section 4.1 or

section 4.2; (

c) by adding the following clause after clause (h): (h1) "permit" means a permit to construct a plant, structure or thing issued by the Director of Standards and Approvals in accordance with

section 4 or

section 4.2;

Section 3 is struck out and the following

section is sub­ stituted: 3.

(1) The Minister may make regulations (

a) prescribing the maximum permissible levels of density of any air contaminant for all or any part of Alberta; (

b) prescri"?ing maximum calculated ground level con­ centratIon standards for any air contaminant for all or any part of Alberta;

Expla natory Notes I. This Bill will amend

chapter 16 of the Statutes of Alberta, 1971. 2. Changing and adding

definitions.

Section 3 presently reads: 3.

(1) Subject to subsection (2), the Minister may make regulations (

a) prescribing maximum permissible levels of density of any air contaminant for all or any part of Alberta, and (

b) prescribing methods for determining the density of any air con­ taminant for the purposes of regulations under clause (a).

(2) Any maximum permissible level lof density of an air contaminant prescribed pursuant to regulations under this

section shall not exceed the maximum permissible level of density prescribed under the Provincial Board of Health regulations for that c'ontaminant for the same part of Alberta.

2 (

c) prescribing the maximum concentration of any air contaminant emitted to the atmosphere from any plant, structure or thing; (

d) prescribing the maximum weight of any air con­ contaminant emitted to the atmosphere from any plant, structure or thing; (

e) prescribing the method or type of method, or instru­ ment for measuring (

i) the level of density of any air contaminant, (ii) the calculated ground level concentration stan­ dard of any air contaminant, (iii) the concentration of any air contaminant emit­ ted to the atmosphere from any plant, structure or thing, (iv) the weight of any air contaminant emitted to the atmosphere from any plant, structure or thing, and (

v) the visible emissions from any plant, structure or thing; (

f) prescribing the method or type of method or instru­ ment for measuring the rate of emission of any air contaminant; (

g) prescribing the point at which any measurement pursuant to the regulations is to take place in, on or outside any plant, structure or thing; (

h) defining the word "construction" in

section 4 and the regulations and the words "calculated ground level concentration standard" in this

section and the regulations; (

i) authorizing the Director of Standards and Ap­ provals to prepare a visible emission density chart, for the purpose of determining whether any plant, structure or thing is contravening the maximum vis­ ible emissions permitted pursuant to clause (j); (

j) prescribing the maximum visible emissions permit­ ted to be emitted in all or any part of Alberta and for that purpose may divide the Province into areas in such manner as he considers necessary; (

k) estahlishing a program for the certification of visible emission readers including (

i) the manner in which visible emission readers are taught and certified as qualified visible emission readers, (ii) the issue of certificates, (iii) the regulation of the activities of visible emis­ sion readers, and (iv) the suspension and cancellation of certificates of visible emission readers.

(2) Any regulation :nade under subsection (1) may be made to apply to a particular plant, structure or thing or a class of plants, structures or things, or generally.

(3) Any maximum permissible level of density of an air contaminant prescribed pursuant to regulations under this

section shall not ex'ceed the maximum permissible level of density prescribed under the Provincial Board of Health regulations for that contaminant for the same part of Alberta . . ~.

Section 4- is a/mended (

a) as to subsection (1) (

i) in clause (g) (

A) by striking out the word '~Director" and by substituting the words "Diredor of Standards and Approvals", (

B) by striking out the word "Director's" and by subst'ituting the words "Director of Standards and Approvals' ", (ii) bl1 striking out the words "plans and .8'pecif~: cations therefor are approved by the DIrector and by substituting the words "Director of Standards and Approvals issues a permit there­ ~or", (

b) by striking out subsections (2) to (11) and by substituting the following:

(2) A person shall apply for a permit in accor­ dance with the regulations, but each appH~a!ion.f0r a permit ,shall include plans and specIfICatIons which shall (

a) show the location of the plant, structure or thing, its size and capacity, the nature of !he manufacturing, processing or other operatIOn for which it is to be used and the method by which any air contaminant will be released therefrom, and (

b) be in such detail as the Director of Standards and Approvals may require.

(3) The Director of Standards and Approva~s may require the applicant for a permit ,to sul?mIt to him any additional information that the DIrec­ tor of Standards and Approvals considers neces­ sary regarding the proposed plant, structure or thing.

(4) The Director of Standards and Approvals may issue or refuse to issue a permit or may re­ qu.ire a change in location of the plant, structure or thIng or a change in the plans and specifications of the plant, structure or thing as a condition prece­ dent to issuing a permit. 3

Section 4 presently reads: 4.

(1) Subject to the regulations, no person shall commence the con­ s,tl'uction of (

a) any plant for the manufacture of petroleum products, natural gas products, chemical and allied products, pulp and paper pro­ ducts, stolne, clay or glass products, cement and lime products, fertilizers or animal by-products, or (

b) any plant for primary metal production, metal processing, the pro'cessing of v{ood or wood products, the pDocessing of coal, the processing of natural gas or its derivatives, the manufacture of asphalt or ready-mixed concrete, gravel crushing or meat packing, or (

c) any incinerator other than an incinerator for a one-family dwelling, or (

d) any sewage treatment and disposal plant, or (

e) any hay and forage drier, seed cleaning plant or feed mill plant, or (

f) any thermal electric power generating plant or any steam gen­ erating plant, or (

g) any plant, structure or thing, where the Director has, prior to the commencement of construction, nOitified that person in writing that the proposed plant, structure or thing wHI, in the Direc­ tor's opinion, be a source of air pollution and that it is subject to this section, or (11) any other type o·f plant, structure ,or thing spe'Cified in the regu­ lations as being subject to this section, or (

i) any alteration or addition to anything mentioned in clauses (

a) to (h), unless the plants and specifications therefor are approved by the Diredor.

(2) Plans and specifications submitted to the Director under this secti'on shall (

a) show the location of the plant, structure or thing, its size and capacity, the na'ture ,of manufacturing, processing or other op­ eration for which it is to be used and the method by which any air contaminant will be released therefrom, and (

b) be in such detail as the Director may require. (3) '1'h8 Director may require the appUcant for an approval under this

section to submit to him any additional information that the Di­ rector considers necessary regarding the proposed plant, structure or thing. (4) '1'he Dire ctor may give or refuse to give his approval of the plans and specifications 'or may require a change in location of the plant, structure or thing or a change in ,the plans and specifications as a condi'tion pre,cedent to giving his approval under this section. (5) '1'he Director may (

a) make his approval under this

section subject to such conditions as he l1rcscribes, or (

b) specify requirements as to the manner and frequency of record­ ing levels of density of air contaminants emitted by the plant, structure or thing that is the subject of the approval, or (

c) specify requirements as to the manner in which the plant struc- ture or thing is to be operated. '

(6) The Crown is bound by subsections (1) to (5). .

(7) Where ~ny person has commenced the construction of anything III contraventlOn o.f subsection (1) the Director may cause to. be served ~n lha.t person a notice directing him to ,cease the construction work orthwlth until he has complied with subsection (1). 3

(5) The Director of Standards and Approvals may (

a) issue a permit subje~t to such terms and con­ ditions as he prescrIbes, (

b) specify requirements as to the manner and fre­ quency of recording levels of concentration, density and weight of air contaminants emit­ ted by the plant, structure or thing that is the subject of the permit, and (

c) specify requirements as to the manner in which the plant, structure or thing is to be tested or operated before normal operations commence.

(6) The Crown is bound by subsections (1) to (5).

(7) Where any person has commenced the con­ struction of any thing in contravention of subsec­ tion (1), the Director of Standards and Approvals may cause to be served on that person a notice directing him to cease the construction work forth­ with until he has complied with subsection (1).

(8) Where the Director of Standards and Ap­ provals issues a permit for a plant, structure or thing (

a) which has not been completely planned or de­ signed, or (

b) for which changes in the plans or design are proposed before operations commence, the Director of Standards and Approvals may, upon application therefor, issue one or more amend­ ments to the permit for (

c) the additional construction to complete the plant, structure or thing, or (

d) the change.in the design or the plans and speci- fications of the plant, structure or thing, and impose such terms and conditions in connection with the amendment to the permit as he considers necessary.

(9) Wher.e any per~on is constructing any thing referred to In subsectIon (1) either not in accord- ance with ' (

a) the permit issued to him, or (

b) the plans and specifications submitted to the Director of Standards and Approvals, or (

c) the terms and conditions of the permit the Director of Standards and Approvals ~ay cause to be served on that person a notice directing him to

(8) \Vhere any person is constructing anything referred to in sub­ section (1) either not in accordance with the approved plans and speci­ fications or in eontravention of the conditions of the approval prescribed by the Director, the Director may cause to be served on that person a noti<:e direc>ting him to cease the construcUon forthwith until he satisfies the Director that the thing to be constructed wHI be con­ structed in accordance with the approved plans and spe'cificati'Ons and the conditions of the approval.

(9) Any person who fails to comply wUh a notice given to him under subsection (7) or (8) upon service of the notice or subsequently, is guilty of an offence and liable on

summary ·conviction to a fine not exceeding $1,000 for each day during which any construction work was done in contravention of the notice.

(10) Where any person fails to comply with a notice given to him under subsection (7) or (8) upon service of the notice or subsequently, the Director may apply by way of originating notice of motion to the Supreme Court for an 'Order directing that person to comply with .the notice.

(11) A person who operates any plant, structure or thing referred to in subsection (1) (

a) where the plans and specifications therefor were not ap­ proved by the Director under subsection (1) and where con­ struction was commenced after the coming into, force of >this section, or (

b) in contravention of the terms or conditions of an approval of the Director, is guilty of an offence.

Section 4 presently requires that every person obtain an "ap­ proval" from the Director of Pollution Control before starting construction of a plant, structure or thing referred to in

section 4. The result of these amendments, coupled with the new

section 4.1 will be that before a plant Ibecomes operational it will require from the Director of Standards Approvals 4 (

a) a permission to construct (a permit), and (

b) after construction, but before operations start, a licence to operate (a licence).

cease the construction forthwith until he satisfies the Director of Standards and Approvals that the plant, structure or thing to be constructed will be constructed in accordance with the permit and terms and conditions attached thereto and the plans and specifications upon which the permit was issued.

(10) Any person who fails to comply with a notice given to him under subsection (7) or (9), upon service of the notice or subsequently, is guilty of an offence and liable on

summary conviction to a fine not exceeding $1000 for each day during which any construction work was done in contraven­ tion of the notice.

(11) Where any person fails to comply with a notice given to him under subsection (7) or (9) upon service of the notice or subsequently, the Director of Standards and Approvals may apply by way of orig­ inating notice of motion to the Supreme Court for an order directing that person to comply with the notice.

(12) A person who commences or continues con­ struction of a plant, structure or thing referred to in subsection (1), (

a) without a permit, Dr (

b) in contravention of a permit or the terms and conditions attached thereto, is guilty 'Of an offence. s. The following sections are added aft(;;r

section 4: 4.1

(1) No person shall commence the operatiDn or use of a plant, structure or thing to whieh

section 4, subsection (1) applies unless he is the holder 'Of a licence in respect of the plant, structure or thing.

(2) Upon or shortly befDre eompletion of the construc­ tion of a plant, structure or thing to which

section 4, sub­ section (1) applies, the person who proposes to operate or use the plant, structure Dr thing shall apply to the Director of Standards and Approvals in accordanC€ with the regulations, for the issue of a licence.

(3) The Director of Standards and Approvals may re­ quire the applicant fDr a licence to show that (

a) the plant, structure or thing was constructed in accordance with the permit, (

b) the terms and conditions attached to the permit have been satisfactorily met, and (

c) the person will operate the plant in accordance with the licence applied for. 5

5. Sections 4.1 to 4.6 provide for the issue of a licence to operate a plant, structure or thing; changes in a plant, structure or thing the subject of a permit or licence; cancellation and amendment of permits and licences; and supplying information to the Directors. 5

(4) The Director of Standards and Approvals may re­ quire the applicant for a licence to submit to him any ad­ ditional information that the Director of Standards and Approvals ,considers necessary regarding the construction or the future operation of the plant, structure or thing or any matter ,connected therewith.

(5) Upon satisfying himself that a licence should be issued, the Director of Standards and Approvals may issue a licence of such type for such period of time and subject to such conditions as may be pres,cribed in the regulations.

(6) Notwithstanding subsection (5), and notwithstand­ ing anything contained in the regulations, the Director of Standards and Approvals may (

a) impose special terms and conditions with respect to any licence he issues, and (

b) specify the requirements as to the manner in which the plant, structure or thing is to be operated.

(7) The Crown is bound by subsections (1) to (6).

(8) A person who (

a) fails to comply, or (

b) contravenes, a term or ,condition of a licence is guilty of an offence. 4.2

(1) No person shall alter, add to or in any other man­ ner change a plant, structure or thing that is the subject of a permit or licence unless a permit to alter, add to or other­ wise change the plant structure or thing is issued by the Director of Standards and Approvals.

(2) The person who wishes to alter, add to or in any manner change a plant, structure or thing shall apply to the Director of Standards and Approvals in accordance with the regulations.

(3) W'here the alteration, addition or change is nlade to a plant, structure or thing for which a licence has been issued, the appHcant shall apply for a new licence or amend­ ment to the existing licence with respect .to the alteration, addition or change in accordance with the regulations and the Director of Standards and Approvals has the same power with respect to an application under this

section as he has under

section 4 and

section 4.1.

(4) Where an amendment is issued in respect of a per­ mit or licence under this

section or

section 4.1 or 4.4, the amendment and any terms or ,conditions attached thereto shall be deemed to form part of the permit or licence. 6

( 5) This

section does not apply to (

a) adjustments? repairs or maintenance made in the course of normal operations of the plant, structure or thing, or (

b) minor improvements to an existing plant, struc­ ture or thing, or (

c) changes made in an emergency. ( 6) Where changes are made in an emergency complete particulars thereof shall be forwarded to the Director of Standards and Approvals immediately they are made. 4.3 No person shall transfer, sell, lease or otherwise dis­ pose of a permit or licence. 4.4

(1) Where it appears to the Director of Standards and Approvals that a term or condition of a permit or licence issued by him is unnecessary, he may delete it upon application of the person who holds ·the permit or licence.

(2) The Director of Standards and Approvals may can­ cel a permit or licence issued in error or amend a clerical error in a permit or licence. ( 3) The Director of Standards and Approvals may can­ cel a permit and licence upon application of the person who holds the permit or licence. 4.5 Before the expiration of the term of a licence, the applicant may apply for a renewal of the licence in accord­ ance with the regulations and the same powers of the Director of Standards and Approvals apply with respect to the application and -renewal of a licence as apply to a first alpplication for a licence. 4.6

(1) Where any plan, specifi,cation or other informa­ tion is sent to the Director of Standards and Approvals or the Director of Pollution Control in accordance with this Act or the regulations, the Director of Standards and Ap­ provals or the Director of Pollution' Control may refuse to accept the plan, specification or other information unless it is certified as accurate bya person who, in the opinion of the Director of Standards and Approvals or the Director of Pollution Control, is qualified to do so.

(2) Any person who supplies false information or makes inaccurate or untrue statements in any plan, specification or other information required to be supplied by this Act or the regulations, is guilty of an offence. 7

Section 5 is struck out and the following

section is substituted: 5.

(1) The Lieutenant Governor in C'Ouncil may by regulation designate any officer of the Grown or any government agency as a person who shall exercise the same power and authority as the P'Ower of the Director of Pollution Control (

a) under

section 6 or

section 8, or (

b) pursuant to the regulations made under

section 10.

(2) V{here a regulation is made under subsection (1), unless the regulation provides otherwise 8 (

a) a reference to the Director of Pollution Control in

section 6, 7 or 8 shall be deemed to refer, in addition to the Dire'ctor of PoHution C'Ontrol, to the officer of the Crown 'Or Government agency so designated by the regulation, and (

b) a reference to the Division of Pollution C'Ontrol in

section 8 shall be deemed to refer, in addition to the Division of Pollution C'Ontrol, as the case re­ quires, to the department of the Government of which the officer SQ designated by the regulation is an employee or to the government agency so desig­ nated by the regulation.

Section 6 is amended (

a) by striking out subsection (1) and by substit'l,lting the following subsections: 6.

(1) Where it appears t'O the Director of Pol­ lution Control that there exists in the atmosphere in any part of Albe~ta (

a) an air contaminant (

i) in concentrations that exceed or in the 'Opinion of the Director of Pollution Con­ trol will exceed the maximum permissible level 'Of density prescribed fQr that contam­ inant in the regulations, or (ii) in concentrations that exceed 'Or in the QpiniQn 'Of the Director of Pollution Control will exceed the maximum permissible cal­ culated ground level concentration stan­ dard prescribed fQr that air contaminant in the regulations, or (iii) in concentrations that exceed or in the 'Opinion of the DirectQr 'Of Pollution Con­ trol will exceed the maximum concentra­ tion permitted to be emitted from any plant, structure or thing in the regulations, or

Section 5 presently reads: 5.

(1) The Lieutenant Governor in Oouncil may by regulation des­ ignate any o,fficer of the Crown or any government agency as a person who shall exercise the powers of the Director under se~tion 4 with respect to (

a) any specified class of plants, structures or things referred to in secUon 4, subsection (1), 'clauses (

a) to (

f) or in the regulations under secUon 10, clause (c), or (

b) any alteration or addition to anything specified in the regu­ lations pursuant to clause (a).

(2) Where a regulation is made under subsection (1) then unless the regulation provides otherwise, (

a) a reference to the Director in

section 4, 6, 7 or 8 shall be deemed t.o refer instead to the officer of the Crown OT government agency so designated by 'the regulation, and (

b) a reference to the Division of Pollution Control in

section 8 shall be deemed to refer instead, as the case requires, to the de­ partment of the Government of which ,the officer so designated by the regulation is an employee or to the government agency so designated by the regulation.

Section 6, subsection (1) presently reads: 6.

(1) Where it appears to the Director that there exists in the atmosphere in any part of Alberta (

a) an air contaminant in concentrations that exceed the maximum permissible level of density prescribed for that contaminant by the regulations, or (

b) an air ·contaminant that in his opinion will exceed the maximum permissible level of density prescribed for that oontaminant in the absence of an order or orders under this se'ction, or (

c) an air ~ontaminant having an offensive odour, the Director may issue one or more orders,called "emission control orders", directed at p,ersons owning 0.1' operating any plants, structures or things that the Director considers to be sources of the air con­taminant.

(iv) (

v) or in concentrations that exceed or in the opinion of the Director of Pollution Con­ trol will exceed the maximum weight per­ mitted to be emitted;,from any plant, structure or thing in the regulations, or that exceeds or in the opinion of the Dir­ ector of Pollution Control will exceed the maximum visible emissions permitted to be emitted in the regulations, (

b) an air contaminant having an offensive odour, the Director of Pollution Control may issue one or more orders (in this

section called "emission control orders"), directed at persons owning or operating any plants, structures or things that the Director of Pollution Control considers to be the source of, or one of the sources of, the air contaminant.

(1.1) Where it appears to the Director of Pollu­ tion Control that a term O'r condition of a licence has been, or is about to be contravened, the Director of Pollution Control may issue an e1mission control order directed at the person owning or operating the plant, structure or thing that is the subject of the licence. (

b) as to subsections (2), (4) and (6) by striking out the word "Director" wherever it occurs and by substituting in each case the words "Director of Pollution Control", (

c) by striking out subsection (5) and by substituting the following subsection:

(5) The Director of Pollution Control may issue an emission control order notwithstanding that the plant, structure or thing owned or operated by the person to whom the order is directed (

a) was the subject of a permit or licence pursuant to

section 4, 4.1 or 4.2, or (

b) is at the time the order is made being operated in accordance with a licence. 9

Section 7 is amended (

a) as to subsection (1) 10 (

i) in clause (b), by striking out the word "Dir­ ector" and by substituting the words "Director of Pollution Control", (ii) by adding the word "or" at the end of clause (

c) and by adding the following clause after clause (c): (

d) has contravened a term or condition of a licence, (

b) as to subsection (3) J by striking out the words "Not less than" and by substituting the words "Not more than", (

c) as to subsection (9) by striking out the words "The Authority shall (

a) hold a hearing to inquire into all matters lead- ing to the making of the stop order, and" and by substituting the following words "The Authority shall, within 30 days of a reference to it by the Minister (

a) hold a public hearing to inquire into all matters leading to the making of the stOlP order, and".

Section 8 is amended (

a) by striking out subsections (1) and (2) and by substituting the following subsectioVns: 8.

(1) The Director of Standards and Ap­ provals, or the Director of Pollution Control or any employee of the Division 'Of Standards and Ap­ provals or the Division of Pollution Control may, without incurring liability therefor, enter into any land or pre,mises for the purpose of (

a) inves,tigating and inspecting and carrying out tests at any plant, structure or thing that he on re3lsonable grounds believes is or contains a source of air pollution, or (

b) examining, making copies of or ta~ing ex­ tracts from, any records of a person owning or operating a plant, structure or thing that he on reasonable grounds believes is or con­ tains a source of air pollution, if the records relate to the emission of air contaminants, or (

c) carrying out any powers or duties conferred or imposed on either the Director of Standards and Approvals or the Director of Pollution Control by this Act or the regulations.

Section 7, subsections 0), (3) and (9) presently read: 7.

(1) Where the Minister is satisfied that any person (

a) has contravened or is contravening a provision of this Act or a regulation or order under this Act, ·or (

b) has failed to comply with an order or direction .of the Director under this Act or under the regulations, Dr (

c) owns or operates any plant, structure or thing that is a source of air pollution which the Minister considers to' be an immed­ iate danger to human life or property -or both, the Minister may issue an .order (in this

section ca.lled a "StDP Drder") to that person in accordance with subsection (2).

(3) Not less than 48 hours after making a stop order, the Min~st~r shall cause a copy .orf it to be served on the pers.on to whom It IS directed, and upon receipt of such CDPY, the per-son. to whom the stop order is directed shall cQmply with the lorder forthwIth.

(9) The Authority shall (

a) hold a hearing to inquire into all matters leading to the making of the stop .order, and (

b) determine whether, in its opinion, there were sufficient grQunds for the making of the stDP order, and upon completion of the inquiry the Authority shall report its find­ ings to the Minister together with any recommendations it wishe,s <to make in regard to the confirmation, amendment .or revQcation .of the stop larder.

Section 8 presently reads: 10 8.

(1) The Director Dr any employee of the DivisiQn Df Pollution Con­ trol authorize by the Director may, without incurring liability therefo-r, enter into any land or premises for the purpose of (

a) investigating and inspecting and carrying .out tests at any plant, structure or thing that he on reasonable grounds believes is or contains a source Df air pollution, or (

b) examining, making copies of Dr -taking extracts from, any records of a perSQn Dwning or operating a p,lant, structure 'or thing that he on reasonable grounds believes is .or contains a sDurce Df air pollution, if the records relate to' the emissiDn of air oontaminants, or (

c) carrying DUt any powers or duties cQnferred .or imposed on the Director by this Aot or the regulations.

(2) Where the Director or employee wishes to enter any lands or premises pursuant to' subsection (1) and is prevented fI10m entering, the Director may apply to the Supreme Court by way of originating notice of mDtion for an order permitting the Director or any employee of the Divis10n .o·f PDllutiDn Control authorized by the Director to' enter the lands or premises for the purposes specified in the order, and an order so made may be enforced by the -sheriff.

(3) The Director may direct the owner or operator of any plant, structure or thing to pI1o,vide to the Director any records or other information specified in the direction within the time limited in the direction, if the data, reoords or other information relate to the emission .of air contaminants by that plant, structure or thing.

(4) A person who fails t.o comply with a directiDn given to him pur­ suant to subsection (3) within the time limited in the direction is guilty of an Dffence and liable on

summary conviction to a fine of no.t more than $1,000 fQr each day that the contravention continues.

(2) Where the Director of Standards and Ap­ provals or the Director of Pollution Control, or any employee of the Division of Pollution Control or the Division of Standards and Approvals wishes to enter any lands or premises pursuant to sub­ section (1) and is prevented from entering, the Director of Standards and Approvals or the Direc­ tor of Pollution Control may apply to the Supreme Court by way of originating notice of motion for an order permitting either the Director of Stan­ dards and Approvals or the Director of Pollution Control or any employee of 'either division to enter the lands or premises for the purposes specified in the order and the order so made may be 'enforced by a sheriff. (

b) as to subsection (3 J by striking out the word "Di­ rector" wherever it occurs and by sUbstU,uting in each case the words "Director of Pollution Con­ trol".

Section 10 is amended (

a) by striking out clause (aJ and by substituting the following clauses: (

a) governing applications for and ,issue of (

i) permits and amendments thereto, and (ii) lic'ences and amendments thereto, and prescribing the form for any application and the form of the permit and licence; (a1) prescribing terms and conditions attached to all permits and all licences or any class of either; (a2) prescribing different types of permits and li­ cences and the length of time for which they are issued; (

b) by striking out clauses (

b) and (

c) and by sub­ stituting the following clauses: (

b) exempting any plant, structure or thing or class of plants, structures or things from the operation of

section 4, 4.1 and 4.2; (

c) specifying a plant, structure or thing or a type or class of plants, structures or things that are subject to

section 4, 4.1 and 4.2; (

c) as to clause (h), by striking out the word "Direc­ tor" and by substituting the words "Director of Pollution Control", (

d) as to cla'!lse. (

i) by st,riking out subclause (

i) and by subst'ttut'tng the following subclause: (

i) pertaining to applications under sections 4, 4.1, 4.2, 4.4 and 4.5, 11

10,

Section 10, clauses (a), (b), (c), (h), (

i) and (

j) presently read: 10. The Lieutenant Governor in Council may make regulations (

a) governing applications for and the issue of approvals under

section 4; (

b) exempting any class of plants, structures or things from the opera tion of sectilon 4; (

c) specifying types of plants, structures or things that are subject to

section 4; (

h) requiring the submi,sision to the Director 0'1' some other pers,on of any returns or reports by any person pertaining 110' the con­ struction or operation of any plant, structure or thing or any class thereof that is or maybe the' source of an air contaminant; (

i) prescribing a tariff of fees payabole to the Minister 0) pertaining Do, applications for or the issue of approvals under

section 4, (ii) for the filing of any returns, reports or other documents that are required or permitted tOo be filed under this Act or the regulations, and (iii) for any .other service provided by the Department under this Actor the regulations; (

j) declaring any ,code pertaining ,to air quality, the prevention, con­ trol or elimination of air p.ololutiJon, the measurement of levels of density of air contaminants or the de,sign, 'Construction, mainten­ ance or operation 0{ any type of plant, structure or thing that may be a source lo,f air pollution and issued or published by any government or association to be in force, either in whole or in part or with such modifications as are specified in the regula­tions; New regulation making power. 11

(

e) by striking out clause (

j) and by sUbstituting the follO'lving: (

j) declaring any code pertaining to the preven­ tion, 'control or elimination of air pollution or the design construction, maintenance of air pollution of any type of plant, structure or thing that may be a source of air pollution and issued or published by any government or association to be in force, either in whole or in part or with such modifications as are specified in the regulations; (

f) by adding the following clauses after (n): (0) setting the dates required for

section 11.1; (

p) concerning the submission of monitoring re­ ports, establishing forms and the times at which reports must be submitted to the Direc­ tor of Pollution Control; (

q) to permit the preparation and publication by the Department of the Environment of guide­ lines for the construction of any plant, struc­ ture or thing; (

r) prohibiting the release of toxic air contamin­ ants to the atmosphere unless the approval of the Director of Standards and Approvals has been first obtained. 11. The following

section is added afte.r

section 11: 11.1

(1) A person operating a plant, structure or thing to which

section 4, subsection (1) applies, without a certif­ icate or approval issued by the Provincial Board of Health pursuant to The Public Health Act or regulations there­ under or this Act or the regulations, must apply to the Director of Standards and Approvals for a licence before the date specified in the regulations.

(2) A person operating a plant, structure or thing to which

section 4, subsection (1) applies, with a certificate or approval issued by the Provincial Board of Health pur­ suant to The. Public Health Act or regulations thereunder, or this Act or the regulations, before the coming into force of this Act, upon which an expiry date is endorsed, must apply to the Director of Standards and Approvals for a licence before the date endorsed on the certificate or ap­ proval.

(3) A person operating a plant, structure or thing to which

section 4, subsection (1) applies, with a certificate or approval issued by the Provincial Board of Health pursuant to The Public Health Act or regulations thereunder or this Act or the regulations, upon which no expiry date is en­ dorsed, shall apply to the Director of Standards and Ap­ provals for a licence before the date specified in the regula­ tions. 12

II. Transitional provisions. 12

(4) A person operating a plant, structure or thing to which

section 4, subsection (1) applies, with an approval permit or licence issued by the Energy Resources Conser: vation Board pursuant to The Oil and Gas Conservation Act or The Hydro and Electric Energy Act, shall apply to the Director of Standards and Approvals for a licence before the time specified in the regulations.

(5) Any person who operates a plant, structure or thing without a licence after the date specified in the regulations for an application for a licence for that plant, structure or thing, is guilty of an offence. 12. This Act comes into force on a date or dates to be fixed by Proclamation. 13

13 Title: 1972 (17th, 1st) Bill 41, The Clean Air Amendment Act, 1972