Second Session, 44th General Assembly

49 Elizabeth II, 2000

BILL 12

AN ACT RESPECTING

ENVIRONMENTAL ASSESSMENT

Received and Read the First

Time

Second Reading

Committee

Third Reading

Royal Assent

HONOURABLE OLIVER LANGDON

Minister of Environment and Labour

Ordered to be printed by the

Honourable House of Assembly

EXPLANATORY NOTE

The purpose of this Bill is to revise and

consolidate the law with respect to environmental assessments in the

province.

A BILL

AN ACT RESPECTING ENVIRONMENTAL ASSESSMENT

Analysis

Short title

Definitions

3. Purpose

4. Application of Act

5. Act binds Crown

6. Prohibition

7. Registration

8. Undertaking not to proceed

9. Determination

10. Assessment committees

11. Guidelines

12. Environmental preview report

13. Environmental impact statement

required

14. Release

15. Environmental impact statement

16. Proponent to meet public

17. Public interest

18. Statement received

19. Statement deficient

20. Consultation

21. Board

22. Public hearing

23. Report of hearing

24. Report delivered

25. Release

26. Authorization

27. Monitoring

28. Exemption

29. Non disclosure

30. Agreements

31. Joint review panel

32. Costs

33. Action barred

34. Order

35. Amendment and revocation of order

36. Appeal

37. Regulations

38. Fees and forms

39. Notice of registrations and decisions

40. Power included

41. Service

42. Offence

43. Penalty

44. Reclamation order

45. Transitional

46. RSN1990 cE-14

Rep.

47. Commencement

Be it enacted by the

Lieutenant-Governor and House of Assembly in Legislative

Session convened, as follows:

Short title

1. This Act may be cited as the Environmental

Assessment Act, 2000 .

Definitions

2. In this Act

(a) "air" means air not enclosed in a

building, structure, machine, chimney, stack, flue, tank,

pipe or other human made structure;

(b) "board" means an environmental

assessment board appointed under

section 21;

(c) "class environmental assessment"

means a planning process applied to common classes of

undertakings where the environmental effects are generally

known and are recurrent;

(d) "committee" means an assessment

committee appointed under

section 10;

(e) "department", unless the context

indicates otherwise, means the department presided over by

the minister;

(f) "environment" includes

(

i) air, land and water,

(ii) plant and animal life, including

human life,

(iii) the social, economic,

recreational, cultural and aesthetic conditions and

factors that influence the life of humans or a

community,

(iv) a building, structure, machine

or other device or thing made by humans,

(

v) a solid, liquid, gas, odour,

heat, sound, vibration or radiation resulting directly

or indirectly from the activities of humans, or

(vi) a part or a combination of those

things referred to in subparagraphs (

i) to (

v) and the

interrelationships between 2 or more of them;

(g) "environmental assessment" means a

process by which the environmental effect of an undertaking

is predicted and evaluated before the undertaking has begun

or occurred;

(h) "environmental effect" means a change

in the present or future environment that would result from

an undertaking;

(i) "environmental impact statement"

means a report that presents the results of an environmental

assessment;

(j) "environmental preview report" means

a report presenting the results of an investigation based on

readily available information that supplements the

information provided by a proponent upon registration of an

undertaking and which is necessary to assist the minister in

making a determination as to whether or not an environmental

impact statement is required;

(k) "guidelines" means guidelines

prepared by a committee under

section 11;

(l) "land" includes enclosed land,

surface land, land covered by water, subsoil, matter beneath

the subsoil or a combination of these;

(m) "minister", unless the context

indicates otherwise, means the minister responsible for the

administration of this Act under the Executive

Council Act ;

(n) "person" includes an association of

persons, a city, municipality and the government of the

province;

(o) "proponent" means a person who

(

i) carries out or proposes to carry

out an undertaking, or

(ii) is the owner or person having

charge, control or management of an undertaking;

(p) "undertaking" includes an enterprise,

activity, project, structure, work or proposal and a

modification, abandonment, demolition, decommissioning,

rehabilitation and an extension of them that may, in the

opinion of the minister, have a significant environmental

effect; and

(q) "water" includes a surface or

subterranean source of fresh or salt water within the

jurisdiction of the province, whether or not that source

usually contains liquid or frozen water, water above the bed

of the sea that is within the jurisdiction of the province,

a river, stream, brook, creek, watercourse, lake, pond,

spring, lagoon, ravine, gully, canal and other flowing or

standing water and land usually or at any time covered by

water.

Purpose

3. The purpose of this Act is to

(

a) facilitate the wise management of the

natural resources of the province; and

(

b) protect the environment and quality

of life of the people of the province,

through the institution of environmental

assessment procedures before and after the commencement of an

undertaking that may be potentially damaging to the environment.

Application of Act

(1) This Act applies to all undertakings

carried out in the province, unless it is of a class of undertaking

exempted under this Act.

(2) An undertaking to which this Act applies may

be designated by regulation.

(3) An undertaking of the government of the

province of a type specified in the regulations shall be registered

under

section 7.

Act binds Crown

5. The Crown is bound by this Act.

Prohibition

6. A person shall not proceed with an undertaking

unless that undertaking has been exempted or released under this

Act.

Registration

(1) A proponent shall, in the form that the

minister may require and before proceeding with the final design of

an undertaking, notify the minister of the proposed undertaking and

that notification shall be considered to be a registration of the

undertaking under this Act.

(2) A proponent shall pay the required fee with

respect to the registration of an undertaking.

Undertaking not to proceed

(1) The minister shall examine the information

provided by the proponent under

section 7 to determine if the

undertaking is contrary to law or to a policy that the

Lieutenant-Governor in Council has declared to be the policy of the

government of the province.

(2) The minister shall notify the

Lieutenant-Governor in Council of his or her determination under

subsection (1) that the undertaking is contrary to law or a policy

that the Lieutenant-Governor in Council has declared to be the

policy of the government of the province and the Lieutenant-Governor

in Council may direct that the undertaking not proceed.

(3) The minister shall, in writing, notify the

proponent of a direction under subsection (2), within the time

period required by regulation.

Determination

(1) Where, following an examination by the

minister under subsection 8(1), the Lieutenant-Governor in Council

does not make a direction under subsection 8(2), the minister, using

criteria prescribed by regulation, shall determine whether

(

a) an environmental preview report is

required;

(

b) an environmental impact statement is

required; or

(

c) the undertaking may be released.

(2) The minister shall notify a proponent of an

undertaking of his or her determination under subsection (1) within

the time period required by regulation.

Assessment committees

(1) The minister shall appoint an assessment

committee for the purpose of advising him or her on scientific and

technical matters related to an undertaking that requires an

environmental preview report or an environmental impact statement

under subsection 9(1).

(2) The minister shall appoint to a committee at

least one representative from each department of government that has

an interest in the undertaking.

(3) The chairperson of a committee shall be an

employee of the department.

(4) A committee may provide the consultation and

assistance necessary for the purpose of

section 20.

Guidelines

(1) A committee is responsible for and shall

prepare guidelines for the consideration of the minister with

respect to the

(

a) environmental preview report; or

(

b) environmental impact statement,

required for the undertaking for which the

committee was appointed.

(2) The minister shall approve guidelines

prepared under subsection (1) before they are provided to the

proponent.

Environmental preview report

(1) Where, under

section 9, the minister

notifies a proponent that an environmental preview report is

required, the minister shall provide the proponent with the

guidelines needed to prepare the environmental preview report.

(2) The proponent shall, in accordance with the

guidelines, prepare and submit to the minister an environmental

preview report within the time period required by regulation.

(3) Upon receiving an environmental preview

report, the minister shall

(

a) require that the proponent provide

copies of the environmental preview report to the minister

who shall make those copies available to all interested

persons; and

(

b) examine the report and determine if

the environmental preview report complies with this Act and

the guidelines,

and shall, in writing, advise the proponent of his

or her determination under paragraph (b).

(4) Where, in the opinion of the minister, an

environmental preview report is deficient, the minister may require

the proponent to

(

a) conduct further work;

(

b) amend the environmental preview

report; or

(

c) revise and submit another

environmental preview report or amendment to that report,

within the time period required by regulation.

(5) Where, in the opinion of the minister, the

environmental preview report complies with this Act and the

guidelines and requires no further work, he or she shall determine

whether

(

a) an environmental impact statement is

required; or

(

b) the undertaking may be released.

(6) The minister shall notify the proponent of

his or her determination under subsection (5) within the time period

required by regulation.

(7) A proponent is not required to provide an

environmental preview report where the proponent elects to proceed

directly with the preparation of an environmental impact statement.

Environmental impact statement required

(1) Where the minister determines that an

environmental impact statement is required under paragraph 9(1)(

b) or subsection 12(5) or the proponent elects to proceed with the

preparation of an environmental impact statement under subsection

12(7), the minister shall provide the proponent of the undertaking

with guidelines and the proponent shall, in accordance with those

guidelines, carry out the environmental assessment necessary for the

preparation of an environmental impact statement.

(2) An environmental impact statement shall be

completed and submitted to the minister within the time period

required by regulation.

Release

14. Where, under

section 9 or 12, the minister

notifies a proponent that an undertaking is released, the proponent

may proceed with the undertaking subject to

(

a) another Act or regulation of the

province or of Canada;

(

b) a municipal by-law or requirement;

and

minister may, in his or her discretion, establish.

Environmental impact statement

15. An environmental impact statement shall be

prepared in accordance with the guidelines and shall include

(

a) a description of the undertaking;

(

b) the rationale for the undertaking;

(

c) the alternative methods of carrying

out the undertaking, and the alternatives to the

undertaking;

(

d) a description of the

(

i) present environment that will be

affected or that might reasonably be expected to be

affected, directly or indirectly, by the undertaking,

and

(ii) predicted future condition of

the environment that might reasonably be expected to

occur within the expected life span of the undertaking,

if the undertaking was not approved;

(

e) a description of

(

i) the effects that would be caused

or that might reasonably be expected to be caused to the

environment by the undertaking with respect to the

descriptions provided under paragraph (d), and

(ii) the actions necessary or that

may reasonably be expected to be necessary to prevent,

change, mitigate or remedy the effects upon or the

effects that might reasonably be expected upon the

environment by the undertaking;

(

f) an evaluation of the advantages and

disadvantages to the environment of the undertaking, the

alternative methods of carrying out the undertaking and the

alternatives to the undertaking;

(

g) a proposed set of control or remedial

measures designed to minimize any or all significant harmful

effects identified under paragraph (e);

(

h) a proposed program of study designed

to monitor all substances and harmful effects that would be

produced by the undertaking; and

(

i) a proposed program of public

information as required under

section 16.

Proponent to meet public

(1) During the preparation of an environmental

impact statement, the proponent shall provide an opportunity for

interested members of the public to meet with the proponent at a

place adjacent to or in the geographical area of the undertaking, or

as the minister may determine, in order to

(

a) provide information concerning the

undertaking to the people whose environment may be affected

by the undertaking; and

(

b) record and respond to the concerns of

the local community regarding the environmental effects of

the undertaking.

(2) The procedure for public contact and

involvement with the proponent shall be as required by the minister

and by regulation.

Public interest

(1) Where guidelines have been prepared under

paragraph 11(1)(

b) and before they have been approved under

subsection 11(2), the minister shall request that interested persons

review those guidelines and submit written comments to the minister

with respect to the guidelines.

(2) At any time during an environmental

assessment of an undertaking, the minister may request that

interested persons submit written comments with respect to the

environmental effects of that undertaking.

(3) The minister may forward written comments

submitted to him or her under subsection (2) to the proponent who

shall respond to those comments.

Statement received

(1) Upon receiving the environmental impact

statement submitted under

section 13, the minister shall

(

a) require that the proponent provide

copies of the environmental impact statement to the minister

who shall make those copies available to all interested

persons; and

(

b) examine the statement and determine,

in his or her discretion, whether or not it complies with

this Act and the guidelines.

(2) The minister shall, in writing, advise the

proponent of his or her determination under paragraph (1)(b).

Statement deficient

19. Where, in the opinion of the minister, an

environmental impact statement is deficient, the minister may

require the proponent to

(

a) conduct further work;

(

b) amend the environmental impact

statement; or

(

c) revise and submit another

environmental impact statement or amendment to that

statement,

within the time period required by regulation.

Consultation

20. The minister shall, in the course of granting

an approval or making a determination under

section 8, 9, 11, 12 or

18 make every reasonable effort to consult with and obtain the

opinions of all other ministers of the Crown whose departments may

have an interest in an undertaking that may be subject to an

environmental assessment.

Board

(1) Where the minister believes there is a

strong public interest in an undertaking for which an environmental

impact statement is required, the Lieutenant-Governor in Council

may, on the advice of the minister, order public hearings and

appoint an environmental assessment board for the purpose of

conducting public hearings relating to the environmental assessment

of the undertaking.

(2) The Lieutenant-Governor in Council shall

appoint to a board not fewer than 2 nor more than 5 persons.

(3) A person appointed under subsection (2) shall

not be employed in the public service of the province or of Canada.

(4) The Lieutenant-Governor in Council shall

designate from among the members of each board a chairperson who

shall not be a resident of the geographical area of the undertaking.

(5) At least 1/3 of the members of each board

shall be residents of the geographical area of the undertaking.

(6) Members of each board shall receive

remuneration and be reimbursed for expenses in the manner that the

Lieutenant-Governor in Council may establish.

Public hearing

(1) A public hearing ordered under subsection

21(1) shall be conducted for the purpose of

(

a) examining the contents of the

environmental impact statement that has been prepared for an

undertaking; and

(

b) exchanging information between the

proponent and the public.

(2) A public hearing ordered under subsection

21(1) shall be held within or adjacent to the geographical area of

the undertaking and wherever the minister considers appropriate.

(3) The minister and the proponent shall be

represented at a public hearing of a board.

(4) At a public hearing a board shall

(

a) record comments and questions of

persons present regarding the content of the environmental

impact statement prepared for an undertaking; and

(

b) provide, where possible, answers to

questions from the persons present.

(5) A public hearing of a board shall be

conducted in the manner prescribed by the regulations.

Report of hearing

23. The chairperson of a board shall, within the

time period required by regulation, submit to the minister a written

report containing the

(

a) proceedings of a public hearing;

(

b) recommendations made at a public

hearing; and

(

c) recommendations of the board.

Report delivered

(1) Upon receiving a report submitted under

section 23, the minister shall submit copies of the report to the

Lieutenant-Governor in Council.

(2) The minister shall, within the time period

required by regulation, after receiving the report submitted under

section 23, make a copy of the report available to interested

persons.

(3) The manner of distribution of a report to

interested persons under subsection (2) shall be in the discretion

of the minister.

Release

(1) Where a public hearing has not been

ordered under subsection 21(1) and, in the opinion of the minister,

an environmental impact statement has been completed and complies

with this Act and the guidelines, the minister shall recommend to

the Lieutenant-Governor in Council that the undertaking

(

a) be released subject to terms and

conditions; or

(

b) not be permitted to proceed.

(2) Where a report has been delivered to the

Lieutenant-Governor in Council under subsection 24(1) and, in the

opinion of the minister, an environmental impact statement has been

completed and complies with this Act and the guidelines, the

minister shall recommend to the Lieutenant-Governor in Council that

the undertaking

(

a) be released subject to terms and

conditions; or

(

b) not be permitted to proceed.

(3) Upon receipt of a recommendation under

subsection (1) or (2), the Lieutenant-Governor in Council, in its

discretion, may

(

a) release the undertaking subject to

may, in its discretion, specify; or

(

b) direct that the undertaking not

proceed.

(4) Notwithstanding subsection (1), (2) or (3),

or another

section of this Act, and subject to the approval of the

Lieutenant-Governor in Council, the minister may halt further

environmental assessment of an undertaking and direct that the

undertaking not proceed where he or she is of the opinion that an

unacceptable environmental effect is indicated.

(5) Notwithstanding subsection (1), (2) or (3),

or another

section of this Act, the Lieutenant-Governor in Council

may halt further environmental assessment of an undertaking and

direct that the undertaking not proceed where the

Lieutenant-Governor in Council is of the opinion that it is in the

public interest to halt the assessment and make that direction.

Authorization

(1) A licence, permit, approval or other

document of authorization issued under another Act pertaining to an

undertaking shall not be issued until the undertaking has been

exempted or released under this Act.

(2) This Act does not exempt a proponent of an

undertaking from the requirements imposed upon an undertaking by

(

a) another Act or regulation of the

province or of Canada; or

(

b) a municipal by-law or requirement.

Monitoring

27. Where an undertaking has been exempted or

released under this Act, the minister may require the proponent to

carry out environmental monitoring and rehabilitation studies and

programs in order to determine the effectiveness of mitigation

release and to restore the affected environment to ecologically and

socially acceptable levels.

Exemption

28. Where the minister is of the opinion that it

is in the public interest, having regard to the purpose of this Act

and weighing the purpose of this Act against the injury, damage or

interference that might be caused a person or property by the

application of this Act to an undertaking, the minister, with the

approval of the Lieutenant-Governor in Council, may by order

(

a) exempt an undertaking or a proponent

of an undertaking from the application of this Act or the

regulations or a matter provided for in this Act, subject to

her discretion, impose;

(

b) suspend or revoke an exemption

referred to in paragraph (a); or

(

c) alter or revoke a term or condition

of an exemption referred to in paragraph (a).

Non disclosure

29. Where the minister is of the opinion that the

disclosure of certain documents or matters is not in the public

interest, the minister may make the provision for the protection of

the public interest that he or she considers necessary and may

decline to disclose those documents or matters.

Agreements

(1) Notwithstanding

section 4, the minister

may, with the approval of the Lieutenant-Governor in Council, enter

into an agreement with the government of another province or

territory, of Canada, or with a combination of them, with respect to

an environmental assessment of an undertaking.

(2) Notwithstanding

section 4, the minister may,

with the approval of the Lieutenant-Governor in Council, enter into

an agreement with the government of another province or territory,

of Canada, or with a combination of them, with respect to the

conduct of environmental assessments in accordance with a uniformly

applied process.

(3) Where an agreement is entered into under this

section, this Act or a provision of this Act, or the regulations,

shall apply in accordance with the agreement only and the process

established by that agreement shall be considered to satisfy the

requirements of this Act or the regulations.

(4) The Lieutenant-Governor in Council may, in

its discretion,

(

a) release an undertaking that is the

subject of an agreement made under this

section subject to

considers necessary; or

(

b) direct that the undertaking not

proceed.

(5) Where an agreement is entered into under this

section, an undertaking that is subject to that agreement shall not

proceed unless the Lieutenant-Governor in Council has released that

undertaking.

Joint review panel

(1) The Lieutenant-Governor in Council may

establish a review panel jointly with the government of another

province or territory of Canada, or with a combination of them, to

carry out an environmental assessment in accordance with an

agreement made under

section 30.

(2) The proponent shall pay the costs incurred by

the Crown with respect to the conduct of an environmental assessment

of an undertaking carried out in accordance with an agreement made

under

section 30 and under a review panel established under

subsection (1).

Costs

(1) A proponent of an undertaking having a

projected capital cost greater than $15 million shall pay the fees

that the minister may set to offset the costs incurred by the Crown

with respect to the conduct of an environmental assessment in

connection with the undertaking.

(2) Notwithstanding subsection (1), where a fee

does not cover the costs incurred by the Crown, the proponent shall

pay those costs owed to the Crown with respect to the environmental

assessment of the proponent's undertaking that the minister may

require.

(3) Where a proponent does not pay the fees

referred to in subsection (1) or the costs referred to in subsection

(2), the minister may direct that an environmental assessment cease

until the minister notifies the proponent that the assessment may

proceed.

(4) For the purpose of this

section and

section

31, "costs" includes the cost and expense of consultants, lodging,

meals, salaries, remuneration and travel incurred by the government

of the province, and a board or committee, with respect to the

conduct of an environmental assessment of an undertaking.

Action barred

(1) An officer or employee of the department,

a member of a board or committee or other person authorized under

this Act or the regulations is not personally liable in an action or

a proceeding for or with respect to

an act or thing done or omitted

by him or her in good faith in the exercise or purported exercise of

his or her duties or powers under this Act or the regulations, or

for costs in connection with an action or proceeding.

(2) Notwithstanding subsection 5(4) of the

Proceedings Against the Crown Act, the liability of the Crown

with respect to anything done or omitted to be done by an officer or

an employee of the department, a member of a board or committee or

other person in the performance of his or her duties under this Act

or the regulations is the same as if subsection (1) were not in

force.

Order

(1) Where the minister believes on reasonable

grounds that a person has contravened this Act, the regulations or

the terms or conditions applicable to an undertaking exempted or

released under this Act or the regulations, the minister may issue

an order requiring a person, at that person's own expense, to

(

a) stop or shut down an undertaking; and

(

b) do all things and take all steps

necessary to comply with this Act, the regulations and the

terms or conditions applicable to the undertaking, in

accordance with directions set out in the order,

and the minister shall serve on the person a copy

of the order and a statement showing the reasons for the making of

the order and upon receipt of the copy and statement, the person

shall comply with that order.

(2) In addition to an order that the minister may

make under subsection (1), the minister may make an order directing

the person referred to in that subsection to

(

a) take the action the minister

considers necessary to remedy or prevent an environmental

effect; and

(

b) post a bond or other form of security

acceptable to the minister or pay money to the Crown in an

amount that will ensure compliance with an order made under

this section.

(3) The minister may authorize an official,

officer or employee of the department to issue an order under

subsection (1) or (2).

(4) An order made under this

section remains in

effect until it is revoked by the minister.

Amendment and revocation of order

(1) The minister may, with respect to an order

made under

section 34,

(

a) amend a term or condition of, add a

term or condition to, or delete a term or condition from an

order;

(

b) revoke an order; and

(

c) correct a typographical error in an

order.

(2) A copy of an order amended, corrected or

revoked under subsection (1) shall be served within the time

required by regulation on the person to whom the original order was

directed and served.

Appeal

(1) A proponent or other person aggrieved by

an order made under

section 34 may, within 30 days from the date of

the order, appeal against the order to a judge of the Trial Division

by filing a notice of appeal in the office of the Registrar of the

Supreme Court and by serving a copy of the notice of appeal on the

minister or deputy minister.

(2) Notwithstanding a rule or practice to the

contrary, a notice of appeal shall

(

a) set out in detail the allegations of

the appellant and the grounds upon which the order is

appealed against; and

(

b) be signed by the appellant or the

appellant's solicitor.

(3) An appellant shall, within 14 days after the

service of the notice of appeal under this section, apply to a judge

for the appointment of a day for the hearing of the appeal and

shall, not fewer than 14 days before the hearing, serve upon the

minister or deputy minister a written notice of the day appointed

for the hearing.

(4) The minister shall produce before the judge

hearing the appeal all papers and documents in his or her possession

affecting the matter of the appeal.

(5) The judge shall hear the appeal and the

evidence brought forward by the appellant and the Crown in a

summary

manner and shall decide the matter of the appeal by

(

a) upholding, amending or revoking the

order; or

(

b) making another decision that judge

considers proper in the circumstance.

(6) A judge may make an order as to costs for or

against the appellant or the Crown and may fix the amount of those

costs.

(7) An appeal may be taken from a decision of a

judge of the Trial Division to the Court of Appeal on a point of law

raised upon the hearing of the appeal by the judge of the Trial

Division.

(8) The filing of a notice of appeal under

subsection (1) shall not affect the order appealed from and the

order shall remain in force pending the outcome of the appeal.

Regulations

37. The Lieutenant-Governor in Council may make

regulations

(

a) defining a word for the purpose of

the Act;

(

b) designating undertakings and classes

of undertakings to which this Act applies;

(

c) prescribing the manner of preparation

and submission of and information contained in

registrations, environmental preview reports, and

environmental impact statements;

(

d) establishing criteria for the

examination of undertakings in order to determine whether an

environmental impact statement is required, an environmental

preview report is required or the undertaking may be

released;

(

e) respecting the manner in which

registrations, environmental preview reports and

environmental impact statements and comments and responses

to them are to be produced, submitted, reproduced, and

disseminated, including electronic and other technological

means and respecting component studies of environmental

impact statements;

(

f) prescribing time periods by which

notices, submissions, orders, procedures, commencements of

undertakings and other actions expire or are to be carried

out and prescribing when reregistrations, extensions and

agreements with respect to the time periods may apply;

(

g) prescribing duties and qualifications

of board and committee members and procedures with respect

to boards, committees and public hearings under the Act;

(

h) prescribing methods and procedures by

which the members of the general public may be involved in

environmental assessments and the manner in which the

proponent or his or her agent shall meet with, provide

information to, and record the opinions, concerns and

questions of, interested persons;

(

i) exempting a person, class of persons,

undertaking or class of undertakings from this Act or a

section of this Act;

(

j) providing for the requirements,

design and implementation of environmental monitoring and

rehabilitation programs in respect of undertakings;

(

k) respecting the posting of a bond or

the provision of another form of security as a condition of

a release;

(

l) respecting class environmental

assessments;

(

m) respecting agreements made under this

Act; and

(

n) generally to give effect to the

purpose of this Act.

Fees and forms

38. The minister may set fees and establish forms

for the purpose and administration of this Act.

Notice of registrations and decisions

39. The minister shall issue a notice of the

registration of an undertaking and of a decision, direction or

determination with respect to an environmental assessment under this

Act within the time period required by regulation.

Power included

(1) The power to release an undertaking under

this Act includes a power to amend that release in the same manner

in which the original release was made.

(2) The power to exempt or release an undertaking

require, as a term or condition, the posting of a bond or another

form of security by the proponent of that undertaking.

Service

(1) A notice, order, approval or other

document is sufficiently given or served under this Act or the

regulations where delivered personally or sent by registered mail

addressed to the person to whom delivery or service is to be made at

the latest address appearing on the records of the department.

(2) Where a person to whom a notice, order,

approval or other document is to be given or served as described in

subsection (1) is a corporation, it shall be considered to be

sufficiently given or served where delivered personally to a

director or chief executive officer of that corporation.

Offence

(1) A person who

(

a) provides false or misleading

information in respect of a requirement under this Act or

the regulations to provide information;

(

b) does not provide information as

required under this Act or the regulations;

(

c) hinders or obstructs a person who is

exercising powers or carrying out duties under this Act or

the regulations;

(

d) does not comply with an order or

direction made under this Act or the regulations by the

minister or the Lieutenant-Governor in Council;

(

e) does not comply with a term or

condition imposed under this Act or the regulations in

respect of an undertaking; and

(

f) otherwise contravenes this Act or the

regulations,

is guilty of an offence.

(2) Each continuance for a day or a part of a day

of an offence referred to in subsection (1) constitutes a separate

offence.

Penalty

(1) A person convicted of an offence under

section 42 is liable on

summary conviction

(

a) in the case of a person who is not a

corporation to a fine of not less than $1,000 and not more

than $50,000 and, in default of payment, to imprisonment for

a term not exceeding 6 months, or to both the fine and

imprisonment; and

(

b) in the case of a corporation, to a

fine of not less than $5,000 and not more than $1,000,000.

(2) A person who is convicted of a subsequent

offence under

section 42 that is a violation of the same paragraph

of that subsection for which the person was convicted of a first

offence is liable on

summary conviction

(

a) in the case of a person who is not a

corporation to a fine of not less than $3,000 and not more

than $50,000 and, in default of payment, to imprisonment for

a term not exceeding 6 months, or to both the fine and

imprisonment; and

(

b) in the case of a corporation, to a

fine of not less than $15,000 and not more than $1,000,000.

(3) Where a corporation commits an offence under

section 42, a person who is an officer, director or agent of the

corporation and who directed, authorized, assented to, acquiesced in

or participated in that offence is liable, on

summary conviction, to

the punishments provided in paragraphs (1)(

b) and (2)(

b) and, in

default of payment of the fines imposed under those paragraphs, the

court may impose upon that person a term of imprisonment not

exceeding 6 months.

Reclamation order

44. Where a person is convicted of an offence

under

section 42, in addition to another penalty that may be imposed

under

section 43, the court may, having regard to the nature of the

offence and the circumstances surrounding its commission, make an

order directing the offender to

(

a) take the action the court considers

necessary to remedy or prevent an environmental effect that

results or may result from the act that constituted the

offence; and

(

b) post a bond or other form of security

acceptable to the court or pay money into court in an amount

that will ensure compliance with an order made under this

section.

Transitional

45. An undertaking registered under the

Environmental Assessment Act in force immediately before the

coming into force of this Act shall be considered to have been

registered under this Act and that registration shall continue in

force until the date on which that registration would have expired

under the Environmental Assessment Act or 3 years after the

coming into force of this Act, whichever occurs first, and this Act

shall, with the necessary changes, apply to that undertaking.

RSN1990 cE-14

Rep.

46. The Environmental Assessment Act is

repealed.

Commencement

47. This Act comes into force on a day to be

proclaimed by the Lieutenant-Governor in Council.

Earl G. Tucker, Queen's Printer