------- =====- Fourth Session, 16th Legislature, 20 Elizabeth II THE LEGISLATIVE ASSEr.lBLY OF ALBERTA The Department of the Environnlan; Aa THE HONORABLE IV[R. HENDERSON First Reading __ .. _ Second Reading . _ . Third HeadillCY oD ::--- ------. =-=---=:..---.--- - --- Printed by L. S. Vi"all, Queen's Printer, Edmonton

1971 (Assented to , 1971) I-.IER l\fAJESTY, by and 'with the advice and consent of the Legislative Assembly of Alberta, enacts as follovm: 1. In this Act (a) "Authority" means the Environment Conservation Authority; (b) "Co-ordinating Committee" llleans the Natural Re­ sources Co-ordinating Conlmittee; (c) "Departnlent" means the Department of the En­ vironment; (d) "government agency" means (

i) a corporation that is an agent of the Crown in right of Alberta, or (ii) any corporation, conlmission, board or other body empo\vel'ed to exercise quasi-judicial or governmental functions and whose members are appointed by

an Act of the Legislature, the Lieutenant Governor in Council, or a IVIinister of the CrO\Vl1, or any combinat.ion thereof; (e) "Minister" rneans the :Minister of the Environnlent; (f) "natural resources" means land, plant life, animal life, water and air. 2. For the P'lil'poses of this Act, the following are nlatters pertaining to the environm~ :.: (

a) the conservation, management and uti1ization of natural resources; (

b) the prevention and control of pollution of natural resources; (

c) the prevention of noise and the control of llois8 levels resulting fronl commercial or industrial operations in so far as they affect the environment in the vicinity of those operatlo~13;

Explanafory No~cs General. This Bill creates a new Department of the Environment and provides for a number of substantial measures for preventing, controlling and stopping the loss, damage or pollution of air, water and land and plant and animal life, and for co-ordinating govern­ ment action in matters affecting the environment. See also the Bills for The Clean Air Act and The Clean Water Act. I.

Definitions. 2. Enumeration of matters pertaining to environment. conserva­ tion.

(

d) economic factors that directly or indirectly afCed the ability of persons to carry out measures th~~t relate to the matters referred to in clauses (a), (

b) and (c); (

e) any operations or activities (

i) that adversely affect or are likely to adversely affect the quality or quantity of any natural resource, or (ii) that destroy, disturb, pollute or alter or nlake use of a natural resource or are likely to do so; (

f) the preservation of natural resources for their aesthetic value; (

g) la-\vs in force in Alberta that relate to or directly or indirectly affect the ecology of the environment or natural resources. 3. There shall be a department of the public service of the Province called the Department of the Environment over which shall preside the menlber of the Executive Council appointed by the Lieutenant Governor under the Great Seal of the Province as l\1inister of the Environnlent. 4. In accordance with The Public Service Act there shall be appointed a Deputy Minister of the Environment and such other enlployees as are required to carryon the bus­ iness of the Department. 5.

(1) The :ll1inister may fron1 tinle to time engage the services of experts or persons having special technical or other kno\vledge to advise hinl or to inquire into and report to him on matters under the Minister's administration.

(2) A person whose services are engaged under this

section may be paid such remuneration and expenses as the Minister may prescribe. 6.

(1) The Minister may establish such boards, conl­ mittees or councils as he considers necessary or desirable to act in an advisory or adnlinistrative capacity in COn!leC­ tion with any of the policies, programs, services or other matters under his administration.

(2) The Minister may, \vith respect to any board, conl­ mittee or council established under this sectio111 2 (

a) appoint or provide for the manner of appointment of its members, (

b) prescribe the ternl of office of any n1embcr,

3. Establishment of Department. 4. Personnel. 5. Engagement of consultants. 1). Advisory boards, etc. 2

(

c) designate a chairman, vice-chairnlan and secretary, and (

d) authol'ize, fix and provide for the payment of re­ muneration and expenses to its members.

(3) A board, committee or council established, pursuant to this

section may make rules of procedure, sub] ect to the approval thereof by the :Minister, governing the calling of meetirws the procedure to be used at and conduct of the meetings: reporting and such other rllatters as required.

(4) A board, comnlittee or council est·,l)1ished pursuant to this

section may exercise such po"\vers and shall perform such duties and functions as the l\1:inister may approve, confer or impose upon it. 7. The :Minister shan after the end of each year prepare a general report summarizing the transactions and affairs of the Department in that year and upon its completion, shall lay the report before the Legislative Assenlbly if it is then in session, and if not, within 15 days after the com­ mencement of the first session next following the end of the year for which the report is made. 8. The l\1inister, in consultation with the Co-ordinating Committee, (

a) is responsible for the co-ordination of the policies, progranls and services of and adrninistrative pro­ cedures of, departnlents of the Government and of governnlent agencies in matters pertaining to the enviro:!1ment; (

b) may, as the representative of the Governnlent of Alberta, maintain a continuing liaison with the Government of Canada and agencies thereof, the governlllents of other provinces and territories and agencies thereof, and municipal corporations in Alberta, in relation to nlatters under the adminis­ tration of the l\tlinistel'; (

c) may, on behalf of the Govel Lnlen~ of Alberta ~nd with the approval of the Lieutenant Governor in Council, enter into an agreement relating to any matter pertaining to the environment with the Governll1ent of Canada, the governlllent of any pro­ ince or territory of Canada, an agency of any of those governments, any lllunicipal corporation in Alberta, or any other person; (

d) shall cOlnpile, study and assess infOl'nlation di­ rectly or indirectly related to lllatters pertaining to the environment with a view to using the results of such study and assessment for the purpose of better 3

7. Annual report. 8. GenerD] powers and responsibilities :: f the :i\:i:lister. 3

c'lrryincr out his functions and r;,' pOllsibilities lln­ d~r thisbor any other Act and with a view to provid­ ing snch information, or the results of sllch study and assessment, to departments of the Government and to governn1cnt agencies, and to the public by way of publications, films, radio or television broadcasts 01' otherwise; (

e) may carry out research projects related to n1~.tters pertaining to the en vironnlCnt ; (

f) shall con(h~.ct a continuing review of research re­ lated to any nUltter pertaining to the environment being carried out by the Governnlent or government agencies or by others and shall proDlOte the co­ ordination of such research and of f~.cilities used for such research; (g)' may enter into an agreen1ent with any person to carry out a research project related to a matter pertaining to the environment; (

h) may nlake grants to any person or organization en­ gaged in research in matters pertaining to the en­ vironnlent or in the pronl0tion or encourageluent of the improven1ent of the environn1ent in Alberta or the prevention of the pollution, deterioration 01' in1- pairment of the environn1ent in Alberta; (

i) may, generally, do such acts as he considers neces­ sary to pron10te the improvenlent of the environ­ ment for the benefit of the people of Alberta and future generations. 9.

(1) The Minister n1ay, with the approval of the Lieu­ tenant Governor in Council, purchase any estate or interest in land and any personal property in conjunction therewith (

a) for the purpose of implen1enting or carrying out the provisions of any agreement or arrangen1ent entered into between the Governn1ent of Canada and the l\1inister on behalf of the Governnlent of Alberta, or (

b) for the purpose of any progl'an1 or developnlent project relating to the conservation, utilization or managen1ent of natural res(,'t. :tees, or (

c) for the purposes of environn1ental conservation or improvement, the abatement or prevention of pollu­ tion of a nat.ural resource, research OJ' the disposal of toxic nF,t2rials or for any other purpose in re­ lation to a nlatter under the adnlinistration of the Minister.

(2) Land acquired under this

section sha11 be under the administration of the IVlinister of Lands and Fm'ests unless 4

9. Acquisition of land by the Minister. 4

the order of the Lieutenan.t Go\~ernor in COl~n:il specifies that it is under the admil1lstrabon of the JYIInlster of the Environment. 10.

(1) There is hereby est~l.b1i~hed a cOll?mit~,ee cal.1ed the "Natural Resources Co-ordlnabng COlllnllttcc consIst- ing of (

a) the Deputy ]\'Iinister of the Environnlent, \",ho shall be chairman, (

b) the Deputy :Minister of Agriculture, (

c) a Deputy Minister of the Department of Health and Social Development designated by the l\1inister of Health and Social Developnlent, (

d) the Deputy Minister of Highways and Transport, (

e) the Deputy Minister of Industry and Tourism, (

f) the Deputy Minister of Lands and Forests, (

g) the Deputy Minister of l'/Iines and Minerals, (

h) the Deputy Minister of 1\1:unicipal Affairs, and (

i) the chairman of the Energy Resources Conserva­ tion Board.

(2) Nohvithstanding subsection (1), each n1ember of the Co-ordinating Comnlittee may appoint in \vriting a person to be an alternate member of the Co-ordinating Comnlittee to act in his stead as a nlenlber of the Co-ordinating o Com­ mittee in the event of his absence or inability to act:

(3) The chairman of the Conservation and Utilization Committee shall be secretary of the Co-ordinating COlll­ mittee.

(4) The Co-ordinating Conlmittee (

a) may appoint a vice-chairman, and (

b) make rules governing the calling of its meetings, the conduct of its 11leetings and any other 11latters pertaining to the conduct of its business and affairs.

(5) A majority of the nlembers of the Co-ol'dinating Committee or their respective alternate nlenlbers constitutes a :J.uorum.

(6) The Co-ordinating Comrnittee (

a) may inquire into any nlatter pertainjng to the environment, (

b) may review any policies, programs, services or ad­ ministrative procedures of departments of the Government or of governrnent agencies in nlatters pertaining to the environment, and shaH n1ake its reCOnl111enc1ations and report thereon to the l\iinister. 5

10. Natural Resources Co-ordinating Com':littee. 5

(7) The Co-orclinating Committee Inay refer any: TIlatter pertain i1' to the environment to the Copservabon an:t Utilizatiu.l Committee for its recommendatIOns and repOl t thereon. 1.1.

(1) There is he1"eby e;:;t~lblished a conlmittee ~al}ed the "Conservation and Utiliz~: tiOll Committee" C.01:S1stll~g of not less than 12 TIlembers appointed by the l\ilnlstcr In accordance with subsection (2).

(2) The TIlembers of the Conservation and Utilization Committee shall consist of employees of the Governnlent or members or employees of governnlent agendes, with at least one member fronl each of the following, nanlely, (

a) the Departnlcnt of Agriculture, (

b) the Department of the Attorney General, (

c) the Department of the Environment, (

d) the Department of Health and Social Developnlent, (

e) the Department of Highways and Transport, (f.) the Department of Industry and Tourism, (

g) the Departn1ent of Lands and Forests, (

h) the Department of Mines and lVIinerals) (

i) the Departn1ent of l\!Iunicipal Affairs, (

j) the Energy Resources Conservation Board, and (

k) the Research Council of Alberta.

(3) The l\finister shall designate as chairman of the Committee one of the menlbers who is an enlployee of the Department of the Environn1ent. ( 4) Notwithstanding subsections (1) and (2), each member of the Conservation and Utilization Comlllittec appointed under subsection (2) shall appoint in writing a person to be an alternate men1ber of the Conl11littee to act in his stead as a n1enlber of the Comnlittee in the event of his absence or inability to act.

(5) The Conservation and Utilization Comn1ittee (

a) shall, at the direction of t11'2 Co -ol"dinating Co:m­ nlittee, inqnire into and study any nlatter pertain­ ing to the environnlent, and (

b) shall subn1it its reconlmendations and report there­ on to the Co-ordinating C0111n1ittec. 12.

(1) Nob",'ith:-tanding any other Act, the Lieutenant Governor in Council, upon the reeonlnlenda tion of the Minister, may by regulation require that the Tvlinister of the Crowll, governn1ent offieial or the government agcney 6

II. Conservation and Utilization Committee. 12. Regubtiolls prohibiting go\"ernmental action until its E::-:::~S on the environrnent have been fully considered. 6

'fl'ed therein shall not exercise any specified power in all specl . . 1 • f Alb'1.. 1 or any speclflCCl pal to.'""\. 81 La un ess ( ) the Minister of the Environn1E~nt has first made a a report to th.e. Lieutenant qoverllor. in Council as .to the advisablhty of the actIon, havIng regard to Its effects or po::-:sible effects on the enyir0111nent, and (

b) the Lieutcllallt Governor in Council consents to the pO'wer being exercised.

(2) The Lieuten~nt Gover~ol' in Conncil, in giving any consent referred to In subsectiOn (1), clause (b), may n1ake the consent subject to such conditions as he nlay prescribe.

(3) The Minister, before n1aking a report to the Lieuten­ ant Governor in Council under snbsection (1), clause (a), may refer the matter to the Authority or the Co-ordinating' Committee for its report and reCOnlTIlendations thereon. 13.

The Minister nlay, in co-operation \vith representa­ tives of 'other departments of the Governnlent of Alberta and of government agencies and, where advisable, with other p~rsons including representatives of other govern­ ments, municipal corporations or organizations, formulate plans for effective co-ordinated action in cases of emergency to prevent, alleviate, control or stop the destruction or loss of, or damage to, a natural resource or to hun1an beings as a result of the pollution of a natural resource. 14.

(1) Upon the report of the Minister (

a) that circumstances exist whereby a natural resource in any part of Alberta has been or is being de­ stroyed or damaged or is being or is likely to be polluted, and (

b) that urgent co-ordinated action is required for the purpose of preventing, alleviating, controlling or stopping the destruction, dmnage 01' pollution, the Lieutenant Governor in Council nlUY by order declare that a state of emergency exists with respect to those cir­ cumstances for the purposes of this section. (2) 'Vhere the Lieutenant Governor in Council has n1ade aT. 01 del' uncleI' subsection (1), the ]\1:injster 01~ any employee of the Department authorized by hinl for the purpose, nlay (

a) require any officer or employee of the Governnlent or a government agency to provide his services, or (

b) require any municipal corporation or any other corporation or organization to provide its services, or (

c) require any other person not exempted by the regulations to provide his services, 7'

13. Formulation of plans for co-ordinated action in emergency cases involving loss, damage or pollution of a natural resource. 14. Commandeering of men and equipment by the 1Enister in emergencies im'olving actual or potential loss, damage or pollution of a natural resource. 7

for the purposes of preventing, alleviating, controlling ?1' stopping the destruction, damage or pollution referred to In the order.

(3) A person who refuses or neglects to comply with any request directed to hirn under subsection (2) is guilty of an offence and liable on

summary conviction to a fine of not less than $25 and not n101'e than $300 and in default of payment to inlpl'isonment for a term of not rnore than 90 days or to both fine and in1prisonment.

(4) The Lieutenant Governor in Council nlay make regulations (

a) exempting any persons or classes of persons from the operation of subsection (2), clause (c); (

b) prescribing rates of payor renllmerution to be paid to persons who provide services pursuant to subsection (2); (

c) prescribing the r3tes of remuneration to be paid to persons who furnish or pern1it the use of equip­ ment pursuant to subsection (2).

(5) This

section does not apply to the prevention, control and suppression of forest and prairie fires. 15.

(1) The Lieutenant Governor in Council n1ay by regulation establish any part or parts of Alberta as a "Restricted Developrnent Area" (in this

section called "the Area") upon the report of the Minister that the establish­ ment of the Area is necessary in the public interest to co­ ordinate and regulate the development and use of the Area for the purpose of (

a) preventing, controlling, alleviating or stopping the destruction, darnage or pollution of any natural resources in the Area, or (

b) protecting a watershed in the Area, or (

c) retaining the environment of the Area in a natural state or in a state suitable for recreation or the propagation of plant or aninlal life, or (

d) preventing the deterioration of the quality of thE; environnlent of the Area by reason of the develop­ ment or use of land in the A1'2a in.:ompatible \"\ ~th the preservation of that environnlcnt.

(2) Notwithstanding any other Act, where the Lieuten­ ant Governor in Council establishes a Restricted Develop­ ment Area, he may, in the san1e regulation 01' in any sub­ sequent regulation, provide for 8 (

a) the control, restriction or prohibition of any kind of usc, development or occupation of land in the Area prescribed in the regulations;

15. Restricted Development Areas and regulations controlling land use and development within them. 8

(b) (c) (d) (e) (f) (

g) the control, resb'iction 01' prohibition of. the exercise of any powel' specified ill the regulatIOns by any specified l\lilJ!ster of the CrO\Vll, government of­ ficial or government agency; the removal of any buildings, improvenlents, 11la­ terIals or animals frOlll the Area, ai1Cl the payment of compensation by the Crown for any loss result­ ing therefrom; the control, restriction or prohibition of the dunlp­ ing, deposit or enlission within the Area of any substance specified in the regulations; the authorizing of the acquisi Uon by purchase or expropriation by the :Minister of any estate or interest in land in the Area; making any or all of the provisions of The Right of 'Entry Arbitration Act inapplicable to lands of the Crown in the Area; making any or all of the provisions of

Part 3 of The Expropriation Procedure Act inapplicable to lands of the Crown in the Area; (h) ~ny other matter or thing necessary or incidental to the protection or improvement of the environ­ ment of the Area. 16.

(1) Where the Minister i~ satisfied that any person (

a) has contravene c1 or is contravening this Act or a regulation or order under this Act, or (

b) has contravened or is contravening any other Act or any regulation or order thereunder and the con· travention, in the opinion of the nfinister, is caus-" ing or is likely to cause the destruction, danlage or pollution of a natural resource, the Minister may issue an order (in this

section caned a "stop order") to that person in accordance with subsection (2).

(2) In a stop order, the IVlinister nlay require that the person to \vhom it is directed (

a) cease the contravention specifletl in the order, and (

b) stop nny operations or shut down or stop the opera­ tion of any plant, equipn1ent or structure either permanently or for a specified period, and the stop order shall contain the reasons for making it.

(3) Not less than 48 hours after making a stop order, the Minister shall cause a copy of it to be s2rved on the person to whonl it is directed, and upon receipt of such copy, the person to whom the stop order is directed shall comply with the order forth"\vith. 9

I G. "Stop orders" by the Minister to cease contraventions of the law or to shut down plants or operations in cases of actual. or threatened pollution of the environment or destruction of or dam­ age to natural resources. 9

(4) A person to whom a stop order is directed and who fails to conlply with the order forthwith upon service of a copy of it upon hinl or subsequelltly, is guilty of an offence and liable on SUmnl<.1ry conviction to a fine of not more than $10,000 for each day that the offcEce continues or to a term of imprisonment of not nlOre than 12 nlOnths or to both the fine and imprisonn1ent. (5) \Vhe1'e the pel'son to \Vh01n ? stop order is directed fails to comply with the order forthwith upon service of a copy of it upon hinl or subsequently, the Minister may apply to the Suprenle Court of Alberta by ·way of originating notice of motion for an order of the Court directing that person to comply with the stop order. (6) \Vhere the pel'son to whonl a stop order is directed fails to comply with the stop order forthwith upon service of a copy of the order of the Supreme Court under sub­ section (5) upon hinl or subsequently, (

a) the failure to conlply with the stop order n1ay be dealt with by the Court as in the case of a civil contenlpt of the Court, (

b) an officer of the Department authorized by the Minister for the purpose and any other persons assisting that officer, nlay, ,vithout further leave of the Court and without incurring liability there­ for, enter upon any land and do any acts that are necessary to carry out the stop order, (

c) the sheriff, the sheriff's bailiff and any other person under the written direction of the sheriff n1ay assist the officer of the Department and other persons in enforcing their powers and duties under clause (b), and (

d) the :Minister may recover by action any expenses incurred by the Government in carrying out the stop order pursuant to clause (

b) from the person to whon1 the stop ordel' was directed.

(7) A person to whom a stop order is directed Inay, within 15 days aftm' service upon hinl of a copy of the stop order, appeal to the Minister in accordance with the regulations frl' r.n inquiry into the stop order, (8) 'Vhel'e an appeal is n1ade under subsection (7), the Minister shall refer the appeal and the stop order to the Authority for an inquiry. 10

(9) The Authority shall (

a) hold a hearing to inquire into all nlattel'S leading to the nlaking of the stop order, and (

b) determine whether, in its opinioll, there were suf­ ficient grounds for the n1aking of the stop order,

and upon conlpletion of the inquiry the Authority shaH report its findings to the :l\'Iinister together with any reconl­ mencbtiol1s it wishes to nutke in regard to the confirmation, amendment or revocation of the stop order.

(10) Upon receipt of the repOl't of the Authority the Minister shall either coniinll, amend or revoke the stop order and shall notify accordingly the person to ,,,hom it is directed.

(11) The Minister may (

a) amend a stop order if he considers it advisable in the circunlstances to do so, or (

b) revoke a stop order, and shall notify accordingly the person to whom the stop order was directed.

(12) This

section app11 2S whether or not the contraven­ tion of the Act, regulation or order concerned constitutes an offence, and whether or not a conviction has been ad­ judged for the offence.

(13) This

section does not apply to contraventions of The Clean Air Act or The Clean Water Act or of regulations or orders under either of thenl. l'l. The Lieutenant Governor in Council may nlake regulations (a) : ')hibiting, regulating or requiring the doing of " :" act for the purpose of preventing, alleviating or stopping soil erosion or anything detrirnental to the protection 01' pl'eserva tion of a wa tel'shed ; (

b) requiring persons o\vning, possessing or having rights in respect of land to use or refrain frorn using that land in any nlanner detrimental to the environment of that land and other lands in the vicinity thereof; (

c) subject to The Surface Reclamation Act, prescl'ibing the duties of any person conducting sand or gravel removal operations, or any kind of operations that result in the destl'llction 01' (li~tm'1:'f:1nce of the f 1.ll'-. face of land, with respe.ct to c, ~rvation of the soil and the re.clanlation of the SUJ'l'ace of that land, and conferring powers on the l\linister relating to such soil conservation and reclamation; (

d) controlling, restricting or prohibiting any actions of any person for the purpose of abating noise or con­ trolling noise levels; (

e) authorizing the payment of compcnS9.tioll by the Cro\vn to any person for loss or danlage to that person as a result of the application of any regula- 11

17. Regulations of the Lieuten2nt Governor in Council. 11

12 tion under this Act to hinl or an order under this Act directed to hinl, prescribing the cases in ,yhich the compensation shall be paid anel the loss or (bm­ age for which the compensation is to be p:lid, .uul conferring jurisdiction on the Supreme Court of Alberta, the district courts or the Public Utilities Board in connection with settlenlent of the conlpen­ sation to be paid; (

f) authorizing the 1\linister to expropriate on behalf of the Cro'wn any estate or interest in land if he con­ siders it necessary to do so for the purpose of en­ forcing or carrying out the prodsions of this Act or the regulations or an order under this Act; (

g) prohibiting or restricting the manufacture, sale or use of any substance that is or may be detrimental . to the quality of the environment by reason of its toxicity or otherwise; (

h) prescribing procedures for the disposal of any sub­ stance that is or may be detrimental to the quality of the environnlent; (

i) providing the procedures in respect of appeals un­ der

section 16 and of inquiries held under that section; (

j) prescribing, with respect to any provision of any regulations under this Act, that its contravention constitutes an offence; (

k) prescribing penalties for offences against any' regulations under this Act; (1) empowering the Minister to prescribe forms for any document used in the course of adnlinistering this Act or any other Act administered by the lYIinister; (

m) generally, providing for any procedure oi- matter in­ cidental to the carrying out of the provisions of this Act or any regulations under this Act. Consequ·::nta! }\mendments 18. The Environment Conservation Act is a11Lendea ((

J) as to

section 2 by striking out clau,"e (b), (

b) as to

section 7, clauses (g), (

i) and (

j) by striking out the words "Conservation and Utilization Com­ mittee" whe1'ever thcy occur and by substituting the words "Department of the Environment", (

c) by striking out sections 8, 9 and 10, (

d) as to

section 11, (

i) by stril-d1lg out the words "Lieutenant Governor in Council" and by substituting the word "Authority",

18. Amends

chapter 125 of the Revised Statutes of A)bertt'l. 1970 to remove pl'O\"isions relating to the Conservation and Utilization CommitteC'. 'l'his Committee win now be constituted under sec~ion 11 of this Bill. The amendments to sections 11 and 12 transfer thE' power to appoint and prescribe the functions of public advisory committees from the Lieutenant Governor in COlmcil to the Authority. The Lieutenant Governor in Council will under

section 12, retain the power to prescribe rates of remuneration for expenses of members. 12

(ii) by adding the word "and" c' the Cild of cla.use (

a) and by srrikiilg out the 'Word "and" at the end of clause (b), (iii) by striking out clausc (c), (

e) as to

section 12 (

i) in clause (

a) by strih:'ing out the words ", the Conservation and Utilization C01l1n1ittee", (ii) by striktng out the word "and" at the end of clause (

a) and by adding after clause (

a) the following: (al) prescribing the rates of ren1uncl'ation to be paid to members of a public advisory committee for their travelling and living expenses incurred in the course of their duties as nwmber3 of a committee, and 19. 'the Irrigation Act is a1nended (

a) as to sect'ion 2 by S ~t'ilci'flg out clause 16 and by S'ub­ stitll,ting the follow'ing: 16. "Minister" means tlle men1ber of the Executive Council charged with the administration of this Act; (

b) as to sect'ion 4, subsection (2), cla:use (

b) by strik­ ing out the' words "Departn1ent of Agricultl.l.l'e" and by sUbstituting the words "Minister's departnwnt", (

c) as to

section 6, subsection (1) by striking out the ~vOTds "Departn1ent of Agriculture" and by sub­ stituting the words "Minister's department". 20. The Public Health Act is a/mended (a) (

b) a.s to

section 3, subsectio'n (1), clause (

b) by strik­ ing out the WQ1'ds "Division of Environmental Health of the Departn1ent of Health" and by sub­ stituting the words "Division of Pollution Control of the Department of the Ell\"il'onn.('nt", as to

section 3 by strik'ing out subsection (3) and by substituting the following:

(3) In accordance with The Public Service Act there shall be appointed a Director of the Provincial Laboratory of Public Health. 13

19. Amends

chapter 192 of the Revised Statutes of Alberta 1970. 20. Amends

chapter 294 of the Revised Statutes of Alberta 1970. Other consequential amendments to The Public Health Act in respect of air and water pollution are found in the Bills for The Clean Air Act and The Clean \Vater Act. 13

(

e) by add-tHg the following

section after

section 10: Abatcmen~ of Nuis£1n-::·~ ~ 10.1

(1) The Proyincial Board may inquire into and hear and determine any conlplaint nIade by or on behalf of any person in respect of a nuisance.

(2) The Provincial Board 11lay 11lakc a report upon such c01nplaint and as to what remedial measures, if any, that it considers are required in respect of the nuisance conlplained of. (3) vVhere the report of the Provincial Board recommends the renloval of any thing- causing a nuisance or the abatement of a nuisance, the ry1in­ ister or the c01nplainant n1ay apply to the Supren1e . Court or to a district court by way of originating notice of Illotion for an order (

a) for the removal of the cause of the nuisance or abatement of the nuisance in terms of the re­ port of the Provincial Board, and (

b) to restrain the persons from continuing the nuisance, or any other persons from continuing the acts complained of, until the nuisance has been abated, or the cause of the nuisance re­ moved, to the satisfaction of the Provincial Board. .

(4) The judge may, upon the report of the Pro­ vincial Board, or upon such further evidence as he thinks necessary, n1ake such order and on such terms and conditions as he considers proper. 21. This Act comes into force on a date or dates to be fixed by Proclamation. 14 Title: 1971 (16th, 4th) Bill 32, The Department of The Environment Act