Bill 53 — Third Session, 22Nd Legislature, 40 Elizabeth Ii the Legislative Assembly of Alberta Bill 53 Environmental Protection and Enhancement Act (Legislature 22, Session 3)

L22 S3 2604

Alberta — Bills

1991 BILL 53 Third Session, 22nd Legislature, 40 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 53 ENVIRONMENTAL PROTECTION AND ENHANCEMENT ACT THE MINISTER OF THE ENVIRONMENT First Reading Second Reading Committee of the Whole Third Reading Royal Assent Title: 1991 (22nd, 3rd) Bill 53, Environmental Protection and Enhancement Act

Bill 53 BILL 53 1991 ENVIRONMENTAL PROTECTION AND ENHANCEMENT ACT (Assented to , 1991) Table of Contents

Definitions 1 Purpose of Act 2 Crown is bound 3 Application 4

Part 1 Administration Consultation, Communication and Education Advisory committees, experts 5 Sustainable Development Co-ordinating Council 6 Purpose of the Co-ordinating Council 7 Members of Co-ordinating Council 8 Rules of operation 9 Quorum 10 Interdepartmental committees 11 Health issues 12 Powers and duties of Minister 13 Development of objectives and guidelines14 State of the environment reporting 15 General Administrative Matters Administration of Act 16 Delegation 17 Transfer of administration 18 Agreements 19 Emergency response plan 20 Agreements with land owners 21 Designation of officials 22 Powers of inspector 23 Local authority inspectors and investigators24 Identification card 25 Designation of approved laboratories26 Environmental Protection and Enhancement Fund 27 Revolving fund 28 1

Environmental Protection Security Fund Annual report re Environmental Protection Security Fund Disposition of money in Environmental Protection Security Fund Economic instruments Disclosure of information Service Regulations by Minister Lieutenant Governor in Council regulations

Part 2 Environmental Assessment Process and Approvals

Definitions Division 1 Environmental Assessment Process Purpose of environmental assessment process Director’s power to require assessment Director’s power to require environmental assessment Screening by Director Decision on environmental impact assessment report Effect of statement of concern Minister may order environmental impact assessment report Terms of reference Contents of environmental impact assessment report Submission of environmental impact assessment report to Director Provision of further information Publication of environmental impact assessment report Powers of Director Powers of Minister Additional power of Minister Register of environmental assessment information Inter-jurisdictional agreements re environmental assessment Ministerial regulations Lieutenant Governor in Council regulations Division 2 Approvals and Certificates Prohibition - mens rea Prohibition - strict liability Exception Compliance with other requirements No approval on Minister’s order Application for approval Change of activity or thing subject to an approval Issue of approval 2

Amendment and cancellation of approvals 65 Director’s power to modify 66 Public notice of applications and proposed changes 67 Statement of concern 68 Notice of decision taken 69 Cancellation of approval 70 Transfer of approval 71 New information 72 Certificate of variance 73 Issuance of certificate of variance 74 Certificate of qualification required 75 Application for certificate of qualification 76 Issuance of certificate of qualification 77 Amendment and cancellation 78 Security 79 Ministerial regulations 80 Lieutenant Governor in Council regulations 81

Part 3 Environmental Appeal Board Environmental Appeal Board established 82 Notice of objection 83 Additional information 84 Hearing of appeal 85 Powers and duties of Board 86 Costs 87 Stay of decision 88 Report to Minister 89 Decision by Minister 90 Publication of Board’s report 91 Regulations by Minister 92 Regulations by Lieutenant Governor in Council 93

Part 4 Release of Substances

Definitions 94 Division 1 Releases Authorized by an Approval or the Regulations Application 95 Excess release prohibited - mens rea 96 Excess release prohibited - strict liability97 Conflict 98 Environmental protection order 99 Emergency environmental protection order 100 3

Division 2 Unlawful, Unauthorized and Accidental Releases Application 101 Release prohibited - mens rea 102 Release prohibited - strict liability 103 Exception 104 Duty to report 105 Manner of reporting 106 Duty to take remedial measures 107 Environmental protection order 108 Emergency environmental protection order 109 Emergency measures and notification 110 Division 3 Contaminated Sites Definition 111 Designation of contaminated sites 112 Environmental protection order re contaminated site 113 Notice of decision 114 Compensation 115 Division 4 Regulations Regulations by Minister 116 Lieutenant Governor in Council regulations 117

Part 5 Conservation and Reclamation

Definitions 118 Security by operator 119 Duty to reclaim 120 Issuance of reclamation certificate 121 Reclamation inquiry 122 Amendment and cancellation of certificate 123 Environmental protection order before reclamation certificate 124 Environmental protection order re off-site damage 125 Environmental protection order after reclamation certificate 126 Emergency environmental protection order 127 No surrender or termination without reclamation certificate 128 Copies of orders and certificates 129 Conservation and Reclamation Council 130 Regulations by Lieutenant Governor in Council 131 4

Part 6 Water Wells

Definitions 132 Return of tags, etc. 133 Environmental protection orders 134 Emergency environmental protection order 135 Emergency measures 136 Regulations by Minister 137 Regulations by the Lieutenant Governor in Council 138

Part 7 Potable Water

Definitions 139 Release of substances prohibited 140 Duty of person responsible 141 Environmental protection order 142 Emergency environmental protection order 143 Emergency measures 144 Regulations by Minister 145

Part 8 Waste Minimization and Recycling

Definitions 146 Prohibition 147 Surcharge for designated material 148 Collection of designated material 149 Security 150 Ministerial regulations 151 Regulations by Lieutenant Governor in Council 152

Part 9 Waste Management

Definitions 153 Identification number required for hazardous waste 154 Security 155 Cancellation of identification number 156 Manifest required for hazardous wastes 157 Waste on public land 158 Waste on highways 159 Waste on land owned by local authority 160 Waste on water or ice 161 Waste on another person’s land 162 Environmental protection order to clean up unsightly property 163 Liability of local authority for costs of cleaning up 164 Collection of expenses as taxes 165 Review of environmental protection orders to clean up 166 Regulations by Lieutenant Governor in Council 167 5

Part 10 Hazardous Substances and Pesticides

Definitions 168 Hazardous Substances and Pesticides Generally Storing and handling 169 Environmental protection order regarding contaminated matter 170 Sale or distribution prohibited 171 Environmental protection order where approval or regulations exist 172 Environmental protection order where no approval or regulations 173 Contents of environmental protection order 174 Emergency environmental protection order 175 Ministerial regulations 176 Lieutenant Governor in Council regulations 177 Pesticides Prohibitions re sale, use and disposal 178 Information on alternatives 179 Ministerial regulations 180 Lieutenant Governor in Council regulations 181 Adoption of federal requirements 182

Part 11 Enforcement

Definitions 183 Investigations and Inspections Establishment of programs by Minister 184 Application for investigation 185 Investigation on receipt of application 186 Right of entry and inspection 187 Private dwelling place 188 Duty to stop a vehicle or vessel 189 Order to detain a thing 190 Order to enter and inspect 191 Powers to be exercised at reasonable time 192 Seizure without order or warrant 193 Search and seizure without a warrant 194 Bringing seized thing before judge 195 Assistance by peace officer 196 Disposal of things seized 197 Assistance to inspectors and investigators 198 Interference 199 Court order re interference 200 6

Enforcement Orders Enforcement orders by Director 201 Enforcement order concerning waste 202 Amendment and cancellation of enforcement orders 203 Court order for compliance 204 Failure to comply with enforcement order 205 Joint and several liability 206 Civil Remedies Other civil remedies unaffected 207 Civil cause of action 208 Protection from liability 209 Injunction re commission of offence 210 Recovery of costs by the Government 211 Injunction re loss or damage 212 Offences and Penalties Limitation period 213 Offences 214 Penalties 215 Offence charged, part only proved 216 Additional fine where monetary benefits acquired by offender 217 Continuing offences 218 Liability of directors and officers 219 Liability of public officials 220 Court orders relating to penalty 221 Compensation for loss of property 222 Variation of court orders 223 Due diligence defence 224 Administrative penalties 225 Ministerial regulations 226 Lieutenant Governor in Council regulations 227

Part 12 Miscellaneous Provisions Environmental Protection Orders Joint and several liability under environmental protection orders 228 General requirements of environmental protection orders229 Amendment and cancellation of environmental protection orders 230 Court order for compliance 231 Failure to comply with environmental protection order232 Environmental protection order where person unidentifiable 233 7

General requirements re emergency environmental protection order 234 Recovery of costs for emergency measures 235 Miscellaneous Use of assistants 236 Right of entry 237 Vicarious responsibility 238 Documentary evidence 239 Certificate of analyst 240

Part 13 Transitional, Consequential, Repeal and Commencement Transitional 241 Consequential amendments 242 Repeal 243 Coming into force 244

Schedule HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Definitions1 In this Act, (a) “activity” means an activity listed in the Schedule; (b) “adverse effect” means impairment of or damage to the environment, human health or safety or property; (c) “analyst” means an analyst designated by the Minister under

section 22; (d) “animal” means any animal other than man; (e) “approval” means an approval issued under this Act in respect of an activity, and includes the renewal of an approval; (f) “Board” means the Environmental Appeal Board; (g) “certificate of qualification” means a certificate of qualification issued under this Act, and includes the renewal of such a certificate; 8

(h) “class of substances” means any 2 or more substances (

i) that contain the same portion of chemical structure, (ii) that have similar physico-chemical or toxicological properties, or (iii) that have similar types of uses; (i) “conservation” means the planning, management and implementation of an activity with the objective of protecting the essential physical, chemical and biological characteristics of the environment against degradation; (j) “Co-ordinating Council” means the Sustainable Development Co-ordinating Council continued under

section 6; (k) “council”, when used with reference to a local authority, includes a settlement council under the Metis Settlements Act; (l) “Department” means the Department of the Environment; (m) “designated material” means a designated material within the meaning of the regulations; (n) “Director” means a person designated as a Director under this Act by the Minister; (o) “document” includes a book, sound recording, videotape, film, photograph, chart, graph, map, plan, survey, book of account and any other information that is recorded or stored by means of a device; (p) “environment” means the components of the earth and includes (

i) air, land and water, (ii) all layers of the atmosphere, (iii) all organic and inorganic matter and living organisms, and (iv) the interacting natural systems that include components referred to in subclauses (

i) to (iii). 9

(q) “Environmental Protection and Enhancement Fund" means the fund established under

section 27; (r) “Environmental Protection Security Fund” means the fund continued under

section 29; (s) “Government” means the Government of Alberta; (t) “government agency” means (

i) a corporation that is an agent of the Government, or (ii) a corporation, commission, board or other body empowered 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 Minister of the Government, or any combination of them; (u) “hazardous recyclable” means hazardous waste that is to be recycled; (v) “hazardous substance” means (

i) a substance or mixture of substances, other than a pesticide, that exhibits characteristics of flammability, corrosivity, reactivity or toxicity, and (ii) any substance that is designated as a hazardous substance within the meaning of the regulations; (w) “hazardous waste” means hazardous waste within the meaning of the regulations; (x) “highway” means highway within the meaning of the Highway Traffic Act; (y) “industrial development” means an industrial development within the meaning of the regulations; (z) “inspector” means a person who is an inspector by reason of

section 22 or 24; (aa) “investigator” means a person who is an investigator by reason of

section 22 or 24; 10

(bb) “local authority” means (

i) the corporation of a city, town, village, summer village, county or municipal district, (ii) the board of administrators of a new town, (iii) in the case of an improvement district or special area, the Minister of Municipal Affairs, (iv) a Metis settlement, (

v) a regional services commission established under the Regional Municipal Services Act, or (vi) the local board of a health unit; (cc) “mine” means any opening in, excavation in or working of the surface or subsurface for the purpose of working, recovering, opening up or proving any mineral or mineral-bearing substance, and includes works and machinery at or below the surface belonging to or used in connection with the mine; (dd) “minerals” means all naturally occurring minerals, including, without limitation, gold, silver, uranium, platinum, pitchblende, radium, precious stones, copper, iron, tin, zinc, asbestos, salts, sulphur, petroleum, oil, asphalt, bituminous sands, oil sands, natural gas, coal, anhydrite, barite, bauxite, bentonite, diatomite, dolomite, epsomite, granite, gypsum, limestone, marble, mica, mirabilite, potash, quartz rock, rock phosphate, sandstone, serpentine, shale, slate, talc, thenardite, trona and volcanic ash; (ee) “Minister” means the Minister of the Environment; (ff) “municipal development” means a municipal development within the meaning of the regulations, (gg) “municipality” means the geographical area inside the boundaries of the entities described in clause (bb)(

i) to (iv); (hh) “owner”, with regard to land, means (

i) the registered owner of the land, 11

(ii) a purchaser of the land whose interest as a purchaser is shown on the certificate of title to that land, or (iii) a tenant or other person who is in lawful possession or occupation of the land; (ii) “person responsible”, when used with reference to a substance or a thing containing a substance, means (

i) the owner and a previous owner of the substance or thing, (ii) every person who has or has had charge, management or control of the substance or thing, including the manufacture, sale, handling, use, storage, disposal, transportation, display or method of application of the substance or thing, (iii) any successor, assignee, executor, administrator, receiver, receiver-manager or trustee of a person referred to in subclause (

i) or (ii), and (iv) a person who acts as the principal or agent of a person referred to in subclause (i), (ii) or (iii); (jj) “pest” means any injurious, noxious or troublesome plant or animal life and includes any injurious, noxious or troublesome organic function of a plant or animal; (kk) “pesticide” means (

i) a substance intended, sold or represented for use in preventing, destroying, repelling or mitigating any insect, nematode, rodent, predatory animal, parasite, bacteria, fungus, weed or other form of plant or animal life or virus, except a virus, parasite, bacteria or fungus in living people or animals, (ii) any substance that is a pest control product within the meaning of the Pest Control Products Act (Canada) or is intended for use as such a pest control product, (iii) any substance that is a plant growth regulator, a defoliant or a plant desiccant, 12

(iv) a fertilizer within the meaning of the Fertilizers Act (Canada) that contains a substance referred to in subclause (i), (ii) or (iii), and (

v) any other substance designated as a pesticide in the regulations, but does not include a substance that is intended, sold or represented for use in potable water to prevent or destroy bacteria, parasites or viruses where the substance is not a pest control product within the meaning of the Pest Control Products Act (Canada); 01) “pipeline” means (

i) a pipe for the transmission of any substance and installations in connection with that pipe, (ii) a sewer or sewage system and installations in connection with that sewer or sewage system, or (iii) an underground pipe that contains telecommunication lines; (mm) “pit” means an excavation in the ground made for the purpose of removing, opening up or proving sand, gravel, clay, marl, peat or any other substance, but does not include a mine or quarry; (nn) “place” includes any land, building, structure, machine, aircraft, vehicle or vessel; (oo) “potable water” means water that is supplied by a waterworks system and is used for drinking, cooking, bathing, dish washing or other domestic purposes; (pp) “private development” means a private development within the meaning of the regulations; (qq) “reclamation” or “reclaim” includes any or all of the following: (

i) to remove equipment or buildings or other structures and appurtenances; (ii) to conduct investigations to determine the presence of substances; 13

(iii) to decontaminate buildings or other structures and other appurtenances, or land or water; (iv) to stabilize, contour, maintain, condition or reconstruct the surface of land; (rr) “recycle” means to do anything that results in providing a use for a thing that otherwise would be disposed of or dealt with as waste, including collecting, transporting, handling, storing, sorting, separating and processing the thing, but does not include the application of waste to land or the use of a thermal destruction process; (ss) “registered owner”, with respect to land, means the person registered in a land titles office as the owner of the fee simple or a life estate in the land; (tt) “release” includes to spill, discharge, dispose of, spray, inject, inoculate, abandon, deposit, leak, seep, pour, emit, empty, throw, dump, place and exhaust; (uu) “storage” means the holding of a substance or thing for a temporary period at the end of which it is processed, used, transported, treated or disposed of; (vv) “storm drainage system” means any system for collecting, storing and disposing of storm drainage, and includes (

i) the sewers and pumping stations that make up the storm drainage collection system, (ii) the storm drainage storage, management and treatment facilities that buffer the effects of the peak runoff or improve the quality of the storm water, (iii) the sewers and pumping stations that transport storm drainage to the location where it is treated or disposed of, and (iv) the storm drainage outfall structures; (ww) “substance” means (

i) any matter that (

A) is capable of becoming dispersed in the environment, or 14

(

B) is capable of becoming transformed in the environment into matter referred to in paragraph (A), (ii) any odor, sound, vibration, heat, radiation or form of energy, and (iii) any combination of things referred to in subclauses (

i) and (ii); (xx) “surface water” means water in a watercourse and water at a depth of not more than 15 metres beneath the surface of the ground; (yy) “telecommunication line” means a system or arrangement of lines of wire or other conductors by which telephone or other kinds of communications are transmitted and received by electronic means; (zz) “this Act” means this Act and the regulations; (aaa) “transmission line” means a system or arrangement of lines of wire or other conductors and transformation equipment by which electric energy is transmitted, and includes installations in connection with that system, arrangement or equipment but does not include a power plant or electric distribution system as defined in the Hydro and Electric Energy Act; (bbb) “treat” means to apply any method, technique or process, including, without limitation, neutralization and stabilization, that is designed to change the physical, chemical or biological character or composition of a substance; (ccc) “vehicle” means a device in or by which a person or thing may be transported or drawn on a highway, (ddd) “waste management facility” means a facility for the collection, storage, treatment or disposal of waste, (eee) “wastewater system” means any system for collecting, treating and disposing of wastewater and includes (

i) sewers and pumping stations that make up a wastewater collection system, (ii) sewers and pumping stations untreated wastewater from a wastewater 15

collection system to a wastewater treatment plant, (iii) wastewater treatment plants, (iv) facilities that provide storage for treated wastewater, (

v) wastewater sludge treatment and disposal facilities, (vi) sewers that transport treated wastewater from a wastewater treatment plant to where it is disposed of, and (vii) treated wastewater outfall facilities, including the outfall structures to a watercourse or any appurtenances for disposal of treated wastewater to land or to wetlands; (fff) “water” means all water on or under the surface of the land; (ggg) “water distribution system” means a system of pipes, valves, fittings and appurtenances that is used to convey potable water from a waterworks system to the service connection at property boundaries; (hhh) “watercourse” means (

i) the bed and shore of a river, stream, lake, creek, lagoon, swamp, marsh or other natural body of water, or (ii) a canal, ditch, reservoir or other man-made surface feature, whether it contains or conveys water continuously or intermittently; (iii) “waterworks system” means any system providing potable water to a municipality, municipal development, industrial development or private development and includes (

i) wells, surface water intakes or infiltration galleries which constitute the water supply, (ii) water supply lines, 16

(iii) on-stream and off-stream water storage facilities, (iv) water pumphouses, (

v) water treatment plants, (vi) potable water transmission mains, (vii) potable water storage facilities, (viii) potable water pumping facilities, and (ix) watermains and related pumphouses and pressure reducing stations of the water distribution system; (jjj) “well” (

i) when referring to a water well, means an opening in the ground, whether drilled or naturally occurring, that is used for (

A) the production of ground water for any purpose, (

B) obtaining data on ground water, or (

C) recharging an underground formation from which ground water can be recovered, and includes any related equipment, buildings, structures and appurtenances, but does not include a dugout; (ii) when referring to a well other than a water well, means any well, whether or not a licence is required in respect of it under the Oil and Gas Conservation Act. Purpose of Act 2 The purpose of this Act is to support and promotc protection, enhancement and wise use of the environment recognizing the following: (

a) the protection of the environment is integrity of ecosystems, human health an of society; 17

(

b) the need for Alberta’s economic growth and prosperity in an environmentally responsible manner and the need to integrate environmental protection and economic decisions in the earliest stages of planning; (

c) the principle of sustainable development, which ensures that the utilization of resources and the environment today does not impair prospects for their use by future generations; (

d) the importance of prevention or mitigation of the environmental impacts of policies, programs and decisions and development activities; (

e) the need for Government leadership in areas of environmental research, technologies and protection standards; (

f) the shared responsibility of all Alberta citizens for ensuring the protection, enhancement and wise use of the environment through individual actions; (

g) the opportunities made available through this Act for citizens to provide advice on decisions affecting our environment; (

h) the responsibility to work co-operatively with other provinces, the territories and the Government of Canada to prevent and minimize transboundary environmental impacts; (

i) the responsibility of polluters to pay for the costs of their actions; (

j) the important role of comprehensive and responsive action in administering and enforcing this Act. Crown is bound 3 Except where this Act specifically provides to the contrary, the Crown is bound by this Act. Application4 Except where this Act specifically provides to the contrary, this Act applies to all land in Alberta. 18

PART 1 ADMINISTRATION Consultation, Communication and Education Advisory committees, experts 5(1) The Minister may (

a) establish advisory committees and retain experts to report to the Minister with respect to (

i) the content and administration of this Act, and (ii) any of the policies, programs, services or other matters under the Minister’s administration, and (

b) specify the functions that the committees and experts are to perform, including the seeking of input from the public, and the manner in which and time period within which those functions are to be performed.

(2) The report of a committee established pursuant to subsection (1), including the recommendations and the reasons for them, shall be made public in the manner provided for in the regulations. Sustainable Development Co-ordinating Council 6 The Natural Resources Co-ordinating Council is continued as the Sustainable Development Co-ordinating Council. Purpose of the Co ordinating Council 7(1) The Co-ordinating Council may co-ordinate, review and make recommendations to the Minister on inter-departmental matters related to sustainable development and the protection of the environment.

(2) The Co-ordinating Council shall make its recommendations and reports to the Minister, who shall in a timely manner submit copies to the Executive Council. Members of Co-ordinating Council 8(1) The Co-ordinating Council shall consist of (

a) a Deputy Minister of the following departments of Government, as designated by the Minister of each of those Departments: 19

(

i) Agriculture; (ii) Economic Development and Trade; (iii) Energy; (iv) Environment; (

v) Federal and Intergovernmental Affairs; (vi) Forestry, Lands and Wildlife; (vii) Health; (viii) Municipal Affairs; (ix) Public Works, Supply and Services; (

x) Recreation and Parks; (xi) Tourism; (xii) Transportation and Utilities; (

b) the chairman of the Energy Resources Conservation Board; (

c) the chairman of the Natural Resources Conservation Board; (

d) the chief executive officer of the Environment Council of Alberta; (

e) the president of the Alberta Research Council; (

f) representatives from other government agencies and departments who are designated by the Minister.

(2) The Deputy Minister of the Department of the Environment is the chair of the Co-ordinating Council.

(3) Notwithstanding subsection (1), each member of the Co ordinating Council may appoint in writing a person to be an alternate member of the Co-ordinating Council to act in that member s place as a member of the Co-ordinating Council in the event of that member’s temporary absence or temporary inability 20

Rules of operation 9 The members of the Co-ordinating Council (

a) may appoint other officers of the Council, and (

b) may make rules governing the calling and conduct of meetings of the Council and any other matters pertaining to the conduct of its business and affairs. Quorum 10 A majority of the members of the Co-ordinating Council or their respective alternate members constitutes a quorum. Interdepart mental committees 11(1) The Minister may establish one or more interdepartmental committees consisting of employees of the Government or of government agencies to co-ordinate and review matters related to this Act and advise the Minister on matters related to this Act and the protection of the environment generally.

(2) The Director may establish one or more interdepartmental committees consisting of employees of the Government or of government agencies to advise the Director on a referral basis on matters related to this Act.

(3) An interdepartmental committee may make rules governing its conduct, procedures and meetings.

(4) An interdepartmental committee shall make and submit to the Minister or the Director, as the case may be, reports and recommendations on specific matters reviewed by it. Health issues 12 The Minister shall, in recognition of the integrated relationship between human health and the environment, co-operate with and assist the Minister of Health in promoting human health through environmental protection. Powers and duties of Minister 13 The Minister (

a) is responsible for the establishment and co-ordination of the policies, programs, services and administrative procedures of departments of the Government an government agencies in matters pertaining environment; (

b) shall, as the representative of thea continuing liaison with the Government of Canada and agencies of that Government, the governments of otherprovinces and agencies of those governments, and local 21

authorities in Alberta in relation to matters under the administration of the Minister; (

c) shall compile, study and assess information related to the environment for the purpose of better carrying out the Minister’s functions and responsibilities under this or any other Act with a view to providing that information to departments of the Government, government agencies and the public; (

d) shall carry out and may participate in research projects related to matters pertaining to the environment; (

e) shall conduct a continuing review of research related to any matter pertaining to the environment that is being carried out by the Government or government agencies or by others and shall promote the co-ordination of that research and of facilities used for that research; (

f) shall maintain a library consisting of publications and other information relating to matters pertaining to the environment; (

g) shall, unilaterally or in co-operation with other departments of the Government and government agencies, develop, publish and distribute educational materials with respect to the environment and shall co ordinate, develop and deliver educational programs and services to assist Albertans to better understand the environment and become responsibly involved in the protection and wise use of the environment; (

h) may, in co-operation with other departments of the Government, develop and implement economic and financial instruments and market-based approaches to achieve environmental protection, to achieve environmental quality goals in a cost effective manner and to provide methods of financing programs for environmental purposes; (

i) shall generally do any acts the Minister considers necessary to promote the protection and wise use of the environment for the benefit of the people of Alberta and future generations. Development of guidelines and objectives 14(1) In order to further the protection and wise use of the environment, the Minister shall, after having complied with any applicable regulations regarding public input or, in the absence of regulations, after having engaged in such public consultation as the 22

Minister considers appropriate, develop ambient environmental quality objectives in qualitative or quantitative terms for all or part of Alberta and develop regulations under

section 116(c), (d), (

e) and (h).

(2) For the purposes of subsection (1), the Minister may establish management areas in accordance with the regulations.

(3) In developing objectives and regulations under subsection (1), the Minister shall give due consideration to public input that he has received.

(4) Objectives and regulations developed under subsection (1) shall be made available to the public in accordance with the regulations.

(5) The Minister may develop other guidelines and objectives to meet goals or purposes toward which the Government’s environmental protection efforts are directed, including procedures, practices and methods for monitoring, analysis and predictive assessment. State of the environment reporting 15 The Minister shall report annually on the state of the Alberta environment. General Administrative Matters Adminis tration of Act 16 Except as otherwise provided in this Act, the Minister is charged with the administration of this Act.

Delegation 17(1) The Minister may in writing delegate to any employee of the Government, of a government agency or of a local authority any power or duty conferred or imposed on the Minister under this Act. (2) Subsection (1) does not apply to the power or duty to make regulations. Transfer of adm inistration 18(1) The Minister may by agreement in writing or by regulation and after consultation with the other Minister or the govemment agency or local authority, transfer the administration of a provision of this Act to (

a) another Minister of the Government, 23

(

b) a government agency, or (

c) a local authority and may specify the terms and conditions under which and subject to which the transfer is made.

(2) Where the administration of a provision of this Act has been transferred under subsection (1) and in the Minister’s opinion the other Minister, the government agency or the local authority is not properly administering the provision, the Minister may, after serving written notice on the other Minister, the government agency or the local authority, cause inspectors or investigators designated by the Minister to carry out the provision.

(3) The Minister may take any steps that are necessary to revoke a transfer of administration under subsection (1) where the Minister considers it appropriate to do so. Agreements19 The Minister may on behalf of the Government enter into agreements relating to any matter pertaining to the environment with (

a) the government of another jurisdiction or a department or agency of such a government, (

b) a government agency, or (

c) any person. Emergency response plan 20 The Minister may, in co-operation with representatives of other departments of the Government and government agencies and with other persons, formulate plans for effective co-ordinated action in cases of emergency to prevent, alleviate, control or stop the destruction of, loss of or damage to the environment Agreements with land owners 21(1) In order to protect and enhance the environment, the Minister may enter into an agreement with the registered owner of land to restrict the purposes for which that land may be used by the registered owner and the successors in title of the registered owner.

(2) An agreement under this

section may provide for the payment of compensation by the Government or by the registered owner of the land. 24

(3) An agreement under this

section may be registered under the Land Titles Act.

(4) An agreement registered under the Land Titles Act runs with the land and the Minister may enforce it whether or not it is positive or negative in nature and notwithstanding that the Government does not have an interest in any land that would be accommodated or benefited by the agreement.

(5) On the expiration or termination of an agreement registered under the Land Titles Act, the Registrar of Land Titles shall, on being directed to do so by the Minister, cancel the registration of the agreement.

(6) This

section applies notwithstanding

section 52 of the Land Titles Act.

(7) No agreement under this

section shall be deemed to be an encumbrance within the meaning of the Land Titles Act or the Tax Recovery Act. Designation of officials 22(1) The Minister may by order designate employees of the Government under the administration of the Minister as Directors for the purposes of all or a part of this Act.

(2) A Director may designate any employee of the Government as an acting Director to act in that Director’s place in the case of his temporary absence or inability to act.

(3) The Minister may by order designate as an inspector, investigator or analyst for the purposes of this Act any person who in the opinion of the Minister is qualified to be so designated and is employed by (

a) a department of the Government or a government agency, (

b) a local authority, or (

c) a department or agency of the Government of Canada in the administration of a law respecting the protection of the environment.

(4) The Minister may not designate a person under subsection (3) without the approval of that person’s employer.

(5) A member of the Conservation and Reclamation Council 25

(

a) is an inspector, and (

b) may be designated as an investigator by the Minister.

(6) A designation under subsection (3) or (5) may direct that the authority of the inspector, investigator or analyst be exercised subject to any terms and conditions that the Minister prescribes in the designation, including limitations on the scope of the designation. Powers of inspector 23 For the purposes of acting under this Act an inspector has, subject to any terms and conditions of his designation, all the powers and is subject to all the duties of an investigator under

section 187(1)(

a) to (e), (f)(ii), (

h) and (i),

section 187(2),

section 191 and

section 196. Local authority inspectors and investigators 24(1) Each local authority shall designate a sufficient number of inspectors and investigators to carry out the administration of provisions of this Act that are transferred to it under

section 18.

(2) A local authority shall immediately advise the Minister in writing of designations and changes to designations under subsection (1). Identification card 25 The Minister, in the case of an inspector or investigator designated under

section 22, and a local authority, in the case of an inspector or investigator designated under

section 24, shall furnish the inspector or investigator with an identification card and, on entering any place, the inspector or investigator shall, on request, produce the identification card and identify and explain the nature of the powers or duties the inspector or investigator wishes to carry out. Designation of approved laboratories 26 The Minister may designate laboratories as approved laboratories that may conduct laboratory analyses for the purposes of this Act. Environ mental Pro tection and Enhancement Fund 27(1) There is hereby established the Environmental Protection and Enhancement Fund to be used for the following purposes: (

a) to pay for initial expenditures incurred in taking emergency measures under

section 110, 136 or 144; (

b) to pay for the cost of action taken by the Director under

section 205 or 232; 26

(

c) to pay for the costs of conservation and reclamation after the prescribed date referred to in

section 126(3); (

d) any other purpose prescribed in the regulations.

(2) There shall be deposited into the Environmental Protection and Enhancement Fund money from the sources prescribed in the regulations.

(3) The Provincial Treasurer shall on the direction of the Minister transfer to the Environmental Protection and Enhancement Fund money from the Environmental Protection Security Fund in the manner and amounts and at the times provided for in the regulations.

(4) The Provincial Treasurer shall, on the requisition of the Minister, advance from the General Revenue Fund to the Environmental Protection and Enhancement Fund any money required by the Minister for the purposes referred to in subsection (1).

(5) The net amount outstanding at any time in respect of advances under subsection (4) shall not exceed the amount prescribed in the regulations.

(6) As soon as is practicable after the end of each fiscal year, the Minister, for the purposes of

section 77 of the Financial Administration Act, shall ensure the preparation of financial statements covering the Environmental Protection and Enhancement Fund for the immediately preceding fiscal year and a

summary of the Fund’s assets and liabilities.

(7) The financial statements and

summary of assets and liabilities shall be audited by the Auditor General. 28(1) The Minister shall establish and administer a revolving fund for the purposes of this Act, in accordance with the regulations.

(2) The Provincial Treasurer, on the requisition of the Minister, may make advances from the General Revenue Fund to the revolving fund of any sums the Minister may require to pay or machinery, equipment, services, stock or materials required by the Department or for any other purposes prescribed in the regulations.

(3) The net amount of the advances under subsection (2) at any time shall not exceed the amount prescribed in the regulations . 27

Environ mental Pro tection Security Fund 29(1) The Surface Reclamation Fund is continued as the Environmental Protection Security Fund.

(2) The Environmental Protection Security Fund shall be held and administered by the Provincial Treasurer in accordance with this Act, and the Provincial Treasurer shall maintain a separate accounting record of the Fund.

(3) All money required to be deposited with the Government as security in respect of an approval or certificate of qualification or under

section 88, 119, 150 or 155 shall be paid into the Environmental Protection Security Fund. Annual report re Environ mental Protection Security Fund 30(1) The Minister shall, as soon as is practicable after the end of each fiscal year, prepare a report regarding the operation of the Environmental Protection Security Fund during the preceding fiscal year.

(2) A report prepared under subsection (1) shall be placed by the Minister before the Legislative Assembly if it is then sitting and, if not, within 15 days after the commencement of the next sitting. Disposition of money in En vironmental Protection Security Fund 31 The Minister may in accordance with this Act direct the Provincial Treasurer with respect to the return, forfeiture, retention, transfer or expenditure of money paid into the Environmental Protection Security Fund.

Economic instruments 32 The Minister may, in accordance with the regulations, establish programs and other measures for the use of economic and financial instruments and market-based approaches, including without limitation (

a) emission trading, (

b) incentives, (

c) subsidies, (

d) taxes, (

e) emission, effluent and waste disposal fees, and (

f) differential levies, for the purposes of protecting the environment, achieving environmental quality goals in a cost effective manner and providing methods of financing for environmental purposes. 28

Disclosure of information 33(1) Subject to this section, the following information in the possession of the Government that is provided to or created by the Government in the administration of this Act is public information and shall be disclosed to the public in the form and manner provided for in the regulations: (

a) information in respect of a proposed activity that is provided to the Government for the purposes of

Part 2, Division 1 by a proponent within the meaning of that Part and documents and information in the register referred to in

section 53; (

b) information that is provided to the Government by (

i) an applicant for an approval or a certificate of variance; (ii) the holder of an approval, in respect of an application to change an activity or to amend a term or condition in an approval or add a term or condition to or delete a term or condition from an approval; (

c) approvals; (

d) certificates of qualification; (

e) certificates of variance; (

f) environmental and emission monitoring data and the processing information necessary to interpret that data; (

g) statements of concern; (

h) notices of objection; (

i) reclamation certificates; (

j) enforcement orders; (

k) environmental protection orders; (

l) any other information that the Minister considers should be public information.

(2) Where information referred to in subsection (1) is provided to the Government and relates to a trade secret, process or technique that the person submitting the information keeps confidential, the 29

person submitting the information may make a request in writing to the Board that the information be kept confidential and not be disclosed.

(3) Where the Board receives a request for confidentiality under subsection (2), it shall (

a) approve the request and order that the information be kept confidential and not be disclosed where it considers that the request is well founded, or (

b) refuse the request where it considers that the request is not well founded.

(4) The Board shall forthwith notify a person who makes a request for confidentiality of the Board’s refusal of the request under subsection (3)(b).

(5) Where the Board is considering a request for confidentiality or approves a request for confidentiality, no person involved in the administration of this Act may disclose any of the information to which the request relates except (

a) to any other person involved in the administration of this Act or of another law related to the protection of the environment or to the government of another jurisdiction or an agency of such a government for the purposes of administering a law related to the protection of the environment, (

b) to the person who provided the information or any other person with his consent, or (

c) as required by any other law or by an order of a court.

(6) No person to whom information is disclosed under subsection (5) may further disclose the information or use the information for any purpose other than the purpose for which it was disclosed to that person.

(7) Information relating to a matter that is the subject of an investigation or proceeding under this Act may not be released under subsection (1). (8) Sections 86(1), (5) and (6) and 87 apply to the Board when acting under this section. 30

34 Where any notice, request, order, direction or other communication is required to be given in writing or served under this Act, it shall be deemed to be sufficiently given or served if it is (

a) personally given to or served on the person to whom it is directed, (

b) sent by mail addressed to the person to whom it is directed at the last known address for that person, or (

c) in the case of a registered owner of land, sent by mail to the address for the registered owner shown on the assessment roll. 35 The Minister may make regulations (

a) providing for the manner in which reports of advisory committees are to be made public; (

b) authorizing and providing for the payment of remuneration and expenses to members of advisory committees and to experts; (

c) providing for any other matter considered necessary to carry out the purposes of advisory committees and experts; (

d) establishing criteria to be applied by the Director in making any decision that the Director is authorized to make under

section 41, 42, 64, 65, 77 or 78; (

e) respecting the manner of engaging in public consultation in the development of guidelines, objectives and regulations referred to in

section 14 and the manner of making the guidelines and objectives available to the public; (

f) respecting the establishment of management areas for the purposes of sections 14 and 32; (

g) providing for the form and manner in which information is to be made available to the public for the purposes of

section 33(1); (

h) establishing fees for any or material provided in the course of the of this Act and for the filing of any returns, reports or 31

other documents that are required or permitted to be filed under this Act; (

i) respecting the establishment and administration of the revolving fund; (

j) prescribing additional purposes for which money in the revolving fund may be used; (

k) respecting the administration of the Environmental Protection and Enhancement Fund; (

l) prescribing forms for the purposes of this Act where the power to prescribe forms is not otherwise specifically provided for. Lieutenant Governor in Council regulations 36 The Lieutenant Governor in Council may make regulations (

a) adding activities to or deleting activities from the Schedule; (

b) authorizing the Minister to expropriate on behalf of the Government any estate or interest in land if the Minister considers it necessary to do so for the purpose of carrying out this Act; (

c) authorizing and respecting the establishment of programs and other measures for the purposes of

section 32; (

d) prescribing the money that is to be deposited into the Environmental Protection and Enhancement Fund; (

e) prescribing additional purposes for which money in the Environmental Protection and Enhancement Fund may be used; (

f) prescribing the maximum amount of outstanding advances for the purposes of sections 27(5) and 28(3); (

g) respecting the administration of the Environmental Protection Security Fund. 32

PART 2 ENVIRONMENTAL ASSESSMENT PROCESS AND APPROVALS

Definitions 37 In this Part, (a) “environmental impact assessment report” means an environmental impact assessment report required to be prepared under this Part; (b) “environmental assessment process” means the procedure established under Division 1 for reviewing proposed activities; (c) “mandatory activity” means an activity designated as a mandatory activity under the regulations; (d) “proponent” means a person, a department of the Government, a government agency or a department or agency of a government of another jurisdiction that proposes to undertake an activity.

Division 1 Environmental Assessment Process Purpose of environmental assessment process 38 The purpose of the environmental assessment process is (

a) to support the goals of environmental protection and sustainable development, (

b) to integrate environmental protection and economic decisions at the earliest stages of planning an activity, (

c) to predict the consequences of a proposed activity from the environmental, social, economic and cultural perspectives and to develop plans to mitigate any adverse effects; (

d) to provide for the involvement of the public, proponents, departments of the Government and government agencies in the review of proposed activities. 33

Director’s power to require assessment 39 Where any Director of the Department is of the opinion that the potential environmental impacts of a proposed activity warrant further consideration under the environmental assessment process that Director may by notice refer the proponent to the Director so that the proposed activity may be dealt with under

section 41. Director’s power to require environmental assessment 40 Where the Director is of the opinion that the potential environmental impacts of the proposed activity warrant further consideration under the environmental assessment process, the Director may by notice in writing to the proponent advise the proponent that the proposed activity must be dealt with under

section 41. Screening by Director 41(1) Where a proponent is referred to the Director under

section 39, where the Director gives a notice under

section 40 or where a proponent on his own initiative consults with the Director in respect of the application of this Division to a proposed activity, the Director shall, (

a) if the proposed activity is a mandatory activity, direct the proponent by order in writing to prepare and submit an environmental impact assessment report in accordance with this Division, or (

b) if the proposed activity is not a mandatory activity, (

i) ensure that further assessment of the proposed activity is undertaken where the Director is of the opinion that the potential environmental impacts of the proposed activity warrant further consideration under the environmental assessment process, or (ii) exempt the proposed activity from further assessment and, if it is an activity for which an approval is required, advise the proponent that it may apply for the approval.

(2) The Director may require a proponent to submit a disclosure document in the form and containing the information required by the Director to assist the Director in making a decision under subsection (1)(b).

(3) In making a decision under subsection (1)(

b) the Director shall consider the following: (

a) the location, size and nature of the proposed activity; 34

(

b) the complexity of the proposed activity and the technology to be employed in it; (

c) any concerns in respect of the proposed activity that have been expressed by the public and of which the Director is aware; (

d) the presence of other similar activities in the same general area; (

e) any other criteria established in the regulations; (

f) any other factors the Director considers to be relevant

(4) The Director shall notify the proponent in writing of a decision made under subsection (1)(b).

(5) The proponent shall in accordance with the regulations provide notice of a decision of the Director under subsection (1)(b)(i).

(6) Any person who is directly affected by a proposed activity that is the subject of a decision of the Director under subsection (1)(b)(

i) may, within 30 days after the last notice under subsection (5) or within any longer period determined by the Director in the notice, submit a written statement of concern to the Director setting out the person’s concerns with respect to the proposed activity. on ental ent 42(1) Where the Director decides under

section 41(1)(b)(

i) that further assessment of a proposed activity is required, the Director shall on completion of such further assessment (

a) decide whether preparation of an environmental impact assessment report is required, and (

b) prepare a screening report summarizing his decision in accordance with the regulations.

(2) Where the Director decides under subsection (1) that preparation of an environmental impact assessment report is not required, the Director shall advise the proponent of that fact and, if the activity is one for which an approval is required, advise the proponent that it may apply for the approval.

(3) Where the Director decides under subsection (1) that preparation of an environmental impact assessment report is required, the Director shall by order in writing direct the proponent to prepare and submit the report in accordance with this Division. 35

(4) The Director shall provide notice of his decision regarding preparation of an environmental impact assessment report under subsection (1)(

a) in accordance with the regulations.

(5) The Director shall publish or otherwise make available the screening report or a

summary of it in accordance with the regulations. Effect of statement of concern 43 The Director shall, in accordance with the regulations, give due consideration to all statements of concern that have been submitted and shall not make a decision under

section 42(1)(

a) until the applicable period referred to in

section 41(6) has expired. Minister may order environmental impact assessment report 44 Notwithstanding that the Director has not ordered an environmental impact assessment report, if the Minister is of the opinion that such a report is necessary because of the nature of a proposed activity, the Minister may by order in writing direct the proponent to prepare and submit the report in accordance with this Division.

Terms of reference 45(1) Where a proponent is required to prepare an environmental impact assessment report, the proponent shall prepare proposed terms of reference for the preparation of the report in accordance with guidelines provided to the proponent by the Director and shall submit the proposed terms of reference to the Director.

(2) The Director shall publish or otherwise make available or require the proponent to publish or otherwise make available the proposed terms of reference in accordance with the regulations.

(3) After allowing what the Director considers to be a reasonable time for the receipt of comments in respect of the proposed terms of reference, and after giving due consideration to those comments, the Director shall issue final terms of reference for the preparation of the report to the proponent.

(4) The proponent shall publish or otherwise make available the final terms of reference in accordance with the regulations. Contents of environmental impact assessment report 46 An environmental impact assessment report must be prepared in accordance with the final terms of reference issued by the Director under

section 45(3) and must include any of the following information required by the Director: (

a) a description of the proposed activity and an analysis of the need for the activity; 36

(

b) an analysis of the site selection procedure for the proposed activity, including a statement of the reasons why the proposed site was chosen and a consideration of alternative sites; (

c) an identification of existing baseline environmental conditions and areas of major concern that should be considered; (

d) a description of potential positive and negative impacts of the proposed activity from the environmental, social, economic and cultural perspectives, including cumulative, regional, temporal and spatial considerations; (

e) an analysis of the significance of the potential impacts as identified under clause (d); (

f) the plans that have been or will be developed to mitigate the potential negative impacts as identified under clause (d); (

g) an identification of issues related to human health that should be considered; (

h) a consideration of the alternatives to the proposed activity, including the alternative of not proceeding with the proposed activity; (

i) the plans that have been or will be developed to monitor environmental impacts that are predicted to occur and the plans that have been or will be developed to monitor proposed mitigation measures; (

j) the contingency plans that have been or will be developed in order to respond to unpredicted negative impacts; (

k) the plans that have been or will be developed for waste minimization and recycling; (

l) the manner in which the proponent intends to implement a program of public consultation in respect of the undertaking of the proposed activity and to present the results of that program; (

m) the plans that have been or will be developed to minimize the production or the release into the environment of substances that may have an adverse effect; 37

(

n) the final terms of reference issued by the Director under

section 45(3); (

o) any other information that the Director considers necessary to assess the proposed activity. Submission of environmental impact assessment report to Director 47 The proponent shall submit the environmental impact assessment report to the Director for review. Provision of further information 48 The Director may, at any time after receipt of an environmental impact assessment report under

section 47, require the proponent to submit to the Director any additional information respecting the proposed activity that the Director considers necessary. Publication of environmental impact assessment report 49 The Director shall in accordance with the regulations publish or otherwise make available the environmental impact assessment report or a

summary of it, or require the proponent to do so. Powers of Director 50 Where in the opinion of the Director an environmental impact assessment report is complete the Director shall (

a) advise the Energy Resources Conservation Board that the report is complete, in a case where the proposed activity is one in respect of which the approval of the Energy Resources Conservation Board is required, (

b) advise the Natural Resources Conservation Board that the report is complete, in a case where the proposed activity is a reviewable project within the meaning of the Natural Resources Conservation Board Act, or (

c) in any other case, submit the environmental impact assessment report to the Minister. Powers of Minister51(1) Subject to

section 61(1), where the Director submits an environmental impact assessment report to the Minister and the proposed activity is one in respect of which an approval is required, the Minister may advise the proponent that the proponent may apply for an approval. 38

(2) Notwithstanding anything in this Act, the Minister may refer a proposed activity to the Lieutenant Governor in Council with the recommendation that the Lieutenant Governor in Council make an order prescribing the proposed activity as a reviewable project within the meaning of the Natural Resources Conservation Board Act. Additional power of Minister 52 Where a proposed activity is not one referred to in

section 50(

a) or (b), the Minister may make any recommendations in respect of the proposed activity that he considers necessary to any person, government agency, department or agency of any government that may thereafter be dealing with the proposed activity. Register of environmental assessment information 53 The Director shall establish and maintain in accordance with the regulations a register containing such documents and other information as the regulations require that are provided to the Director or created or issued by the Director under this Division.

Inter jurisdictional agreements re environmental assessment 54 Where an enactment of Canada or of another province contains provisions that operate for substantially the same purpose as corresponding provisions of this Division, the Minister may, with respect to a proposed activity that is governed in part by the laws of Alberta and in part by the laws of Canada or the other province, enter into agreements with any Minister or agency of the Government of Canada or of the other province for any or all of the following purposes: (

a) to determine what aspects of the activity are governed by the laws of both jurisdictions; (

b) to provide for the carrying out jointly by both jurisdictions (

i) of the environmental assessment process, or any part of it, for the purposes of this Division, or (ii) of the provisions in any enactment of the other jurisdiction that operate for substantially the same purpose as this Division; (

c) to provide for the adoption by one or both jurisdictions, for the purposes of their environmental assessment requirements, of 39

(

i) all or part of the environmental assessment or review process of the other jurisdiction, and (ii) reports and similar documents prepared by or under the authority of the laws of the other jurisdiction as part of the environmental assessment or review process of that jurisdiction. Ministerial regulations 55 The Minister may make regulations (

a) respecting the establishment and maintenance of a register for the purposes of

section 53; (

b) establishing procedures governing the environmental assessment process; (

c) varying the application of this Division as necessary in a case where an agreement under

section 54 is entered into; (

d) establishing mechanisms and procedures (

i) for the publishing, providing or making available of anything required or permitted to be published, provided or made available under this Division, and (ii) for the providing of any notice required or permitted to be provided under this Division; (

e) respecting the preparation of screening reports for the purposes of

section 42; (

f) respecting the form and content of environmental impact assessment reports; (

g) respecting the form and content of orders under sections 42(3) and 44; (

h) respecting proposed and final terms of reference for the purposes of

section 45. Lieutenant Governor in Council regulations 56 The Lieutenant Governor in Council may make regulations (

a) designating mandatory activities; 40

(

b) exempting activities or classes of activities from the application of the environmental assessment process. Division 2 Approvals and Certificates Prohibition - mens rea 57 No person shall knowingly commence or continue any activity designated by the regulations as requiring an approval unless that person holds the appropriate approval. Prohibition - strict liability 58 No person shall commence or continue any activity designated by the regulations as requiring an approval unless that person holds the appropriate approval. Exception 59 Nothing in

section 57 or 58 prohibits the doing of any work that is specified in the regulations as being work that is permitted in order that a proponent can comply with Division 1. Compliance with other requirements 60 Unless the regulations provide otherwise, the Director may not issue an approval without being satisfied (

a) that Division 1, if applicable, has been complied with, and (

b) that, in a case where the activity to which the approval relates requires the approval of the Energy Resources Conservation Board or is governed by the Natural Resources Conservation Board Act, the applicable requirements of those Boards have been complied with. No approval on Minister’s order 61(1) Where the Minister is of the opinion that a proposed activity should not proceed because it is not in the public interest having regard to the purposes of this Act, the Minister may at any time by notice in writing to the proponent, with a copy to the Director, order that no approval be issued in respect of the proposed activity.

(2) Where the Minister has made an order under subsection (1) in respect of a proposed activity, the Director may not issue an approval in respect of that activity. 41

Application for approval 62(1) An application for an approval must be made in the manner provided for in the regulations and must contain and be accompanied by the information required by the regulations.

(2) The Director may require an applicant for an approval to submit any additional information the Director considers necessary. Change of activity or thing subject to an approval 63(1) No person shall in any manner change an activity that is the subject of an approval unless an approval or an amendment to an approval authorizing the change is issued by the Director.

(2) A person who wishes to change an activity under subsection (1) shall apply to the Director in accordance with the regulations.

(3) This

section does not apply to adjustments, repairs, replacements or maintenance made in the normal course of operations. Issue of approval 64(1) The Director may issue or refuse to issue an approval.

(2) The Director may issue an approval subject to any terms and conditions the Director considers appropriate.

(3) The terms and conditions of an approval may be more stringent, but may not be less stringent, than applicable terms and conditions provided for in the regulations.

(4) In making a decision under this

section the Director shall, in addition to any criteria that the Director is required by the regulations to consider, consider any environmental impact assessment reports that have been prepared and any applicable decision of the Energy Resources Conservation Board and the Natural Resources Conservation Board in respect of the subject- matter of the approval.

(5) An approval is valid for the period specified in the approval. Amendment and cancellation of approvals 65(1) On application by an approval holder the Director may (

a) amend a term or condition in an approval or add a term or condition to or delete a term or condition from an approval, or (

b) cancel an approval 42

if the Director considers it appropriate to do so in accordance with the regulations.

(2) If the Director considers it appropriate to do so, the Director may on his own initiative in accordance with the regulations (

a) amend a term or condition in an approval or add a term or condition to or delete a term or condition from an approval if an adverse effect that was unforeseen by the Director at the time the approval was issued occurs or may occur, (

b) amend a term or condition in or add a term or condition to or delete a term or condition from an approval if the term or condition relates to a monitoring or reporting requirement, (

c) amend a term or condition in or add a term or condition to or delete a term or condition from an approval where the purpose of the amendment, addition or deletion is to address matters related to a temporary suspension of the activity by the approval holder, (

d) cancel an approval issued in error, or (

e) correct a clerical error in an approval.

(3) The Director shall give at least 30 days’ written notice to the approval holder of any proposed amendment, addition or deletion under subsection (2)(a), (

b) or (c). Director's power to modify 66 Where the Director (

a) issues an approval, or (

b) amends a term or condition in an approval or adds a term or condition to or deletes a term or condition from an approval, the Director may do so as originally contemplated in the application or proposal or with modifications, having given consideration to the statements of concern submitted and to other relevant information. Public notice of applications proposed changes 67(1) Where the Director receives (

a) an application for an approval under

section 62, 43

(

b) an application under

section 63(2) in respect of an approval authorizing a change to an activity, or (

c) an application under

section 65(1)(

a) to amend a term or condition in an approval or add a term or condition to or delete a term or condition from an approval, the Director shall, in accordance with the regulations, provide or require the applicant to provide notice of the application.

(2) Where the Director proposes to make an amendment, addition or deletion pursuant to

section 65(2)(a), (

b) or (c), the Director shall provide notice to that effect in accordance with the regulations.

(3) Notwithstanding subsection (1) or (2), where the Director is satisfied that (

a) there is an emergency, (

b) the activity to which the application relates or the proposed amendment, addition, deletion or change is a routine matter within the meaning of the regulations, or (

c) adequate notice of the subject-matter of the application or the proposed amendment, addition, deletion or change has already been given, the Director may waive the notice requirements set out in subsections (1) and (2). Statement of concern68(1) Where notice is provided under

section 67(1) or (2), any person who is directly affected by the application, amendment, addition, deletion or change, including the approval holder in a case referred to in

section 67(2), may submit to the Director a written statement of concern setting out that person’s concerns with respect to the application or the proposed amendment, addition, deletion or change.

(2) A statement of concern must be submitted within 30 days after the last providing of the notice or within any longer period determined by the Director in the notice.

(3) The Director shall give due consideration to all statements of concern submitted under this

section before making a decision on the application or proposal. 44

Notice of decision taken 69(1) Where the Director (

a) issues an approval, (

b) makes an amendment, addition or deletion pursuant to an application under

section 65(l)(a), or (

c) makes an amendment, addition or deletion pursuant to

section 65(2)(a), (

b) or (

c) the Director shall (

d) where no notice of the application or proposed changes was provided by reason of the operation of

section 67(3), provide or require providing of notice of the decision in accordance with the regulations, or (

e) where notice of the application or proposed changes was provided under

section 67(1) or (2), provide notice or require the providing of notice of the decision in accordance with the regulations to every person who submitted a statement of concern.

(2) The Director shall give to the applicant or the approval holder, as the case may be, written notice of any decision made by the Director to issue or refuse to issue an approval or to make or refuse to make an amendment, addition or deletion under this Division.

(3) The Director shall, in accordance with the regulations, provide to any person who submitted a statement of concern notice of any decision made by the Director to refuse to issue an approval or to refuse to make an amendment, addition or deletion under this Division. Cancellation of approval 70(1) The Director may cancel or suspend an approval where the Director considers that it is appropriate to do so.

(2) The Director shall immediately on cancelling or suspending an approval under subsection (1) (

a) give notice in writing of the cancellation or suspension to the approval holder, and (

b) provide notice of the cancellation or suspension in the manner provided for in the regulations. 45

Transfer of approval 71(1) No person shall transfer, sell, lease, assign or otherwise dispose of an approval except in accordance with the regulations.

(2) The Director may impose any terms and conditions on the transfer, sale, lease, assignment or other disposition of an approval that the Director considers appropriate. New information 72 An approval holder shall forthwith submit to the Director any new and relevant information respecting any actual or potential adverse effect that results from the activity to which the approval relates and comes to the approval holder’s attention after the issuance of the approval.

Certificate of variance 73(1) An approval holder and any other person who is engaged in any activity that is governed by the regulations may apply to the Minister for a certificate of variance to vary a term or condition of the approval or a requirement of the regulations.

(2) An application for a certificate of variance and a certificate of variance shall be in the form prescribed in the regulations.

(3) An application for a certificate of variance shall be accompanied by information that shows the nature and extent of all consultations that the applicant has had with persons who will be directly affected by the proposed variance. Issuance of certificate of variance 74(1) The Minister may issue a certificate of variance if the Minister is of the opinion that (

a) the activity to which the certificate relates is operating or is likely to operate in contravention of a term or condition of the approval or a requirement of the regulations as a result of factors beyond the control of the applicant, (

b) the proposed variance is not likely to result in the release of a substance that may cause a significant adverse effect, and (

c) refusal to grant a certificate of variance would result in serious economic hardship to the applicant without an offsetting benefit to others.

(2) The Minister may 46

(

a) impose any terms and conditions that the Minister considers appropriate with respect to any certificate of variance, and (

b) specify requirements as to the manner in which the activity to which the certificate of variance relates is to be carried on or operated.

(3) The Minister shall require the holder of the certificate of variance to provide notice of the issuance of the certificate, together with the reasons for the issuance of the certificate, in the form and manner directed by the Minister.

(4) A certificate of variance is in effect only during the period prescribed in it and, notwithstanding anything in this Act or the regulations, during that period (

a) the terms and conditions set out in the certificate, and (

b) the terms and conditions of the approval or the requirements of the regulations that are not varied by the certificate apply to the activity to which the certificate relates. Certificate of qualification required 75 No person shall commence or continue any activity or the use of any thing designated by the regulations as an activity or thing in respect of which a certificate of qualification is required unless that person holds the appropriate certificate of qualification. Application for certificate of qualification 76(1) An application for a certificate of qualification shall be made to the Director in accordance with the regulations.

(2) The Director may require an applicant for a certificate of qualification to submit any additional information the Director considers necessary. Issuance of certificate of qualification 77(1) The Director may issue or refuse to issue a certificate of qualification in accordance with the regulations.

(2) The Director may issue a certificate of qualification subject to any terms and conditions the Director considers appropriate.

(3) The terms and conditions of a certificate of qualification may be more stringent, but may not be less stringent, than applicable terms and conditions provided for in the regulations. 47

(4) A certificate of qualification is valid for the term prescribed in the regulations. Amendment and cancellation 78(1) The Director may in accordance with the regulations (

a) amend a term or condition in a certificate of qualification or add a term or condition to or delete a term or condition from a certificate of qualification if the Director considers it appropriate to do so, (

b) cancel a certificate of qualification if the Director considers that it is appropriate to do so, (

c) correct a clerical error in a certificate of qualification, or (

d) cancel a certificate of qualification on application of the person who holds the certificate of qualification.

(2) The Director shall give notice in writing to the holder of a certificate of qualification in writing at least 30 days in advance of making a deletion, amendment or addition to the terms and conditions of a certificate of qualification under subsection (1)(a). Security79(1) If required by the regulations, an applicant for or a holder of an approval or certificate of qualification shall provide financial or other security and carry insurance in respect of the activity or thing to which the approval or certificate of qualification relates. (2) Subsection (1) does not apply to the Government or a government agency. Ministerial regulations80(1) The Minister may make regulations (

a) designating activities or classes of activities in respect of which an approval is required, and specifying the kind of approval required; (

b) exempting any activities or classes of activities related to storing and processing designated material from all or any of the provisions of this Part or of the regulations, for a period of time or permanently, with or without conditions; (

c) designating activities or things or classes of activities or things in respect of which a certificate of qualification is required, and specifying the kind of certificate of qualification that is required; 48

(

d) respecting the procedure for the submission of applications for approvals and certificates of qualification, the form and content of the applications, the conditions required to be met by applicants for approvals and certificates of qualification and the kinds of plans and specifications that must accompany applications; (

e) providing for the acceptance of certificates and qualifications from other jurisdictions as equivalents to certificates and qualifications required under this Act; (

f) establishing the administrative and referral procedures by which applications for approvals and certificates of qualification may be dealt with; (

g) specifying requirements as to the manner in which an activity that is the subject of the approval is to be tested or operated before normal operations commence; (

h) specifying work that is permitted for the purposes of

section 59; (

i) respecting the transfer, sale, lease, assignment or other disposition of approvals; (

j) requiring operators of equipment that may have an impact on the environment to meet specified eligibility requirements as to training or experience or both; (

k) respecting the taking of samples of any thing and regulating the frequency, methods and procedures in respect of the sampling; (

l) respecting the submission of reports and returns in respect of activities; (

m) respecting the records to be kept in respect of an activity, the form of them and the person by whom, the place at which and the length of time they are to be kept; (

n) requiring the submission of records to the Director and providing for the inspection of records by the Director.

(2) A regulation may be made under subsection (1)(j), (k), (l), (

m) or (

n) whether or not it relates to an activity in respect of which an approval is required. 49

Lieutenant Governor in Council regulations 81(1) The Lieutenant Governor in Council may make regulations (

a) respecting the terms and conditions on which approvals and certificates of qualification may be granted and to which they are subject; (

b) prescribing the length of time for which approvals and certificates of qualification may be issued and permitting the Director to issue an approval or certificate of qualification for a shorter period of time than prescribed in the regulations; (

c) respecting the form and amount of financial or other security to be given and insurance to be carried by an applicant for or a holder of an approval or a certificate of qualification; (

d) respecting the manner in which and the conditions under which any money that is deposited as security by an approval holder or the holder of a certificate of qualification may be forfeited or returned, in whole or part; (

e) governing and prohibiting any activity or the use of any thing for the purposes of the protection of the environment, including regulations governing the design, construction, maintenance or use of the activity or thing; (

f) referring to, incorporating or adopting in whole or part or with modifications, documents that set out guidelines for or relate to environmental quality, the prevention or control of the release of substances, the carrying on of an activity or the design, construction, maintenance or use of any thing; (

g) regulating and prohibiting the manufacture, sale or use of any equipment, device or service designed or provided for any purpose related to the protection of the environment; (

h) respecting the manner in which notice under sections 67(1) and (2) and 69(1) is to be provided; (

i) establishing or providing for the means of establishing what is a routine matter for the purposes of

section 67(3)(b); (

j) generally, providing for any other matters necessary for the purposes of this Part. 50

(2) A regulation may be made under subsection (1)(e), (f), (

g) or (

j) whether or not it relates to an activity in respect of which an approval is required.

PART 3 ENVIRONMENTAL APPEAL BOARD Environment al Appeal Board established 82(1) There is hereby established the Environmental Appeal Board consisting of persons appointed by the Lieutenant Governor in Council.

(2) The Board shall hear appeals as provided for in this Part.

(3) Where a panel is convened under

section 85(1), the panel thereafter has all the powers of the Board and is subject to all the same duties the Board is subject to, and a reference to the Board shall be read as a reference to the panel. Notice of objection 83(1) A notice of objection may be submitted to the Board by the following persons in the following circumstances: (

a) where the Director (

i) issues an approval, (ii) makes an amendment, addition or deletion pursuant to an application under

section 65(l)(a), or (iii) makes an amendment, addition or deletion pursuant to

section 65(2)(a), (

b) or (c), the notice of objection may be submitted (iv) by the approval holder or by any person who previously submitted a statement of concern, in a case where notice of the application or proposed changes was provided under

section 67(1) or (2), or (

v) by the approval holder or by any person who is directly affected by the Director's decision, in a case where no notice of the application or proposed changes was provided by reason of the operation of

section 67(3); 51

(

b) where the Director refuses to issue an approval or to make an amendment, addition or deletion pursuant to an application under

section 65(1)(a), the applicant may submit the notice of objection; (

c) where the Director cancels or suspends an approval under

section 70(1), the approval holder may submit the notice of objection; (

d) where the Director cancels a certificate of qualification under

section 78(1)(b), the holder of the certificate of qualification may submit the notice of objection; (

e) where the Director issues an enforcement order under

section 201(1)(a), (

b) or (c), the person to whom the order is directed may submit the notice of objection; (

f) where an inspector issues an environmental protection order regarding conservation and reclamation under

section 124 or 125, or where the Director issues an environmental protection order, except an environmental protection order directing the performance of emergency measures under

section 109, 135 or 143, the person to whom the order is directed may submit the notice of objection; (

g) where an inspector issues a reclamation certificate under

section 121, the operator and any person who receives a copy of the certificate under

section 129 may submit the notice of objection; (

h) where the Director designates an area of land a contaminated site under

section 112, the owner of the land may submit the notice of objection; (

i) where the Director serves notice of the imposition of an administrative penalty under

section 225, the person to whom the notice is directed may submit the notice of objection.

(2) Notwithstanding subsection (1)(b), where the Director refuses to issue an approval pursuant to an order of the Minister under

section 61, no notice of objection may be submitted in respect of that refusal.

(3) A notice of objection must be submitted to the Board (

a) not later than 7 days after receipt of a copy of the enforcement order or the environmental protection order, in a case referred to in subsection (1)(

e) or (f), 52

(

b) not later than one year after receipt of a copy of the reclamation certificate, in a case referred to in subsection (1)(g), or (

c) not later than 30 days after receipt of notice of the decision objected to or the last providing of notice of the decision objected to, as the case may be, in any other case.

(4) The Board may, on application made before or after the expiry of the period referred to in subsection (3), extend that period, where the Board is of the opinion that there are sufficient grounds to do so.

(5) A notice of objection must contain the information and be made in the manner provided for in the regulations.

(6) A notice of objection operates as an appeal of the decision objected to. Additional information 84 Where the Board receives a notice of objection it may by written notice given to the person who submitted the notice of objection require the submission of additional information specified in the written notice by the time specified in the written notice. Hearing of appeal 85(1) Subject to subsection (2), on receipt of a notice of objection the Board shall, within the period of time prescribed in the regulations, (

a) convene a panel of Board members to hear the appeal and appoint a person to chair the panel, and (

b) set a date for the hearing of the appeal, such date not to be later than a date established for that purpose in accordance with the regulations.

(2) The Board may, on application by any person who has submitted a notice of objection or of its own motion, before or after the date for the hearing of the appeal has been set, extend that date, where the Board is of the opinion that there are sufficient grounds to do so.

(3) The extension under subsection (2) may be to a date that is later than the date that is established in accordance with the regulations referred to in subsection (1)(b). 53

Powers and duties of Board 86(1) The Board has all the powers of a commissioner under the Public Inquiries Act.

(2) The Board (

a) may dismiss a notice of objection if (

i) it considers the notice of objection to be frivolous or vexatious, or (ii) the person who submitted the notice of objection fails to comply with a written notice under

section 84, and (

b) shall dismiss a notice of objection where all matters referred to in the notice of objection have been dealt with in a review by the Energy Resources Conservation Board or the Natural Resources Conservation Board.

(3) Where a notice of objection has not been dismissed under subsection (2)(b), the Board shall consider only those matters referred to in the notice of objection that the Energy Resources Conservation Board or the Natural Resources Conservation Board has not dealt with.

(4) The Board shall discontinue its proceedings in respect of a notice of objection if the notice of objection is withdrawn.

(5) The Board shall, consistent with the principles of natural justice, give the opportunity to make representations on the matter before the Board to any persons who the Board considers should be allowed to make representations.

(6) Subject to the regulations, the Board may establish its own rules and procedures for dealing with matters before it. Costs 87 The Board may award costs of and incidental to any proceedings before it on a final or interim basis and may, in accordance with the regulations, direct by whom and to whom any costs are to be paid. Stay of decision88(1) Subject to subsection (2), a notice of objection does not operate as a stay of the decision objected to. 54

(2) The Minister may, on the application of a party to a proceeding before the Board, stay a decision in respect of which a notice of objection has been submitted.

(3) Where an application for a stay relates to the issuing of an enforcement order or an environmental protection order and is made by the person to whom the order was directed, the Minister may, if he is of the opinion that an immediate and significant adverse effect may result if certain terms and conditions of the order are not carried out, (

a) order the Director to take whatever action the Director considers to be necessary to carry out those terms and conditions and to determine the costs of doing so, (

b) order that person to provide security in the form and amount the Minister considers necessary to cover the costs referred to in clause (

a) in accordance with the regulations, (

c) make any direction regarding the forfeiture of security for the costs incurred under clause (

a) if the Minister confirms the Director’s decision to issue the enforcement order or environmental protection order under

section 90. Report to Minister 89(1) Within 30 days after the completion of the hearing of the appeal, the Board shall submit a report to the Minister, together with its recommendations and the representations that were made to it.

(2) The Minister may, on application by the Board before or after the expiry of the 30-day period referred to in subsection (1), extend the period. Decision by Minister 90(1) On receiving the report of the Board the Minister may, by order, confirm, reverse or vary the decision appealed and may make any decision that the person whose decision was appeal could make and may make any further order the Minister considers necessary for the purposes of carrying out the decision.

(2) The Minister shall immediately give notice of any decision made under this

section to all persons who submitted notices of objection or made representations to the Boar an persons who the Minister considers should receive notice of the decision. 55

Publication of Board’s report 91 On complying with

section 90, the Minister shall publish or otherwise make available the Board’s report and recommendations or a

summary of them and a notice of his decision in the manner the Minister considers appropriate. Regulations by Minister 92 The Minister may make regulations (

a) respecting proceedings before the Board; (

b) respecting the form and content of a notice of objection; (

c) prescribing the period of time for the purposes of

section 85(1) and providing for the establishment of the date for the purposes of

section 85(1)(b); (

d) governing the conduct of proceedings before the Board; (

e) prescribing the criteria to be considered by the Board in directing interim or final costs to be paid; (

f) generally for regulating the conduct and work of the Board. Regulations by Lieutenant Governor in Council 93 The Lieutenant Governor in Council may make regulations (

a) governing the membership of the Board and providing for the remuneration and travel and living expenses that are payable to members of the Board; (

b) respecting financial or other security for the purposes of

section 88(3).

PART 4 RELEASE OF SUBSTANCES

Definitions94 In this Part, (a) “owner of a substance” means the owner of the substance immediately before or during the release of the substance; (b) “person having control of a substance” means the person having charge, management or control of the substance; (c) “release”, for the purposes of sections 99, 100, 102, 103, 104, 105, 106, 107, 108, 109 and 110, includes the 56

presence of a substance, and without limitation, substances in containers. Division 1 Releases Authorized by an Approval or the Regulations Application 95 This Division applies only to releases that are authorized by an approval or the regulations or both. Excess release prohibited mens rea 96 No person shall knowingly release or permit the release of a substance into the environment in an amount, concentration or level in excess of that expressly prescribed by an approval or the regulations.

Excess release prohibited - strict liability 97 No person shall release or permit the release of a substance into the environment in an amount, concentration or level in excess of that expressly prescribed by an approval or the regulations. Conflict 98 For the purposes of sections 96 and 97, if there is a conflict between the approval and the regulations as to an amount, concentration or level of a substance, the most stringent requirement prevails. Environment al protection order 99(1) Where (

a) a release of a substance into the environment may occur, is occurring or has occurred, (

b) the release of the substance into the environment is expressly authorized by and is in compliance with an approval or the regulations, (

c) the Director is of the opinion that the release may cause, is causing or has caused an adverse effect, and (

d) the adverse effect was unforeseen by the Director at the time the approval was issued, or the regulations were made, as the case may be, the Director may issue an environmental protection order to the person responsible for the substance.

(2) An environmental protection order may order the person to whom it is directed to take any measures that the Director 57

considers necessary, including, but not limited to, any or all of the following: (

a) investigate the situation; (

b) take any action specified by the Director to prevent the release; (

c) measure the rate of release or the ambient concentration, or both, of the substance; (

d) minimize or remedy the effects of the substance on the environment; (

e) restore the area affected by the release to a condition satisfactory to the Director; (

f) monitor, measure, contain, remove, store, destroy or otherwise dispose of the substance, or lessen or prevent further releases of or control the rate of release of the substance into the environment; (

g) install, replace or alter any equipment or thing in order to control or eliminate on an immediate and temporary basis the release of the substance into the environment; (

h) construct, improve, extend or enlarge the plant, structure or thing if necessary to control or eliminate on an immediate and temporary basis the release of the substance into the environment; (

i) report on any matter ordered to be done in accordance with directions set out in the order. Emergency environmental protection order 100 Where (

a) a release of a substance into the environment may occur, is occurring or has occurred, (

b) the release of a substance into the environment is expressly authorized by and is in compliance with an approval or the regulations, and (

c) an inspector, investigator or Director is of the opinion that the release may cause, is causing or has caused an immediate and significant adverse effect, the inspector, investigator or Director may issue an environmental protection order to the person responsible for the substance 58

directing the performance of emergency measures that the inspector, investigator or Director considers necessary. Division 2 Unlawful, Unauthorized and Accidental Releases Application 101 This Division applies only to releases that are not authorized by an approval or the regulations, unless they are exempted from the application of this Division by the regulations. Release prohibited - mens rea 102 No person shall knowingly release or permit the release of a substance into the environment that may cause, is causing or has caused a significant adverse effect.

Release prohibited - strict liability 103 No person shall release or permit the release of a substance into the environment that may cause, is causing or has caused a significant adverse effect. Exception 104 No person shall be convicted of an offence under

section 102 or 103 if he establishes that the release occurred in accordance with the laws of Alberta or the Parliament of Canada. Duty to report 105(1) A person, other than the person having control of the substance, who releases or causes or permits the release of a substance into the environment that may cause, is causing or has caused an adverse effect shall, as soon as that person knows or ought to know of the release, report it to (

a) the Director, (

b) the owner of the substance, where the person reporting is not the owner and knows or is readily able to ascertain the identity of the owner, (

c) the person having control of the substance, where the person reporting is not the person having contra of the substance and knows or is readily able to ascertain identity of the person having control, and (

d) any other person who the person reporting knows or ought to know may be directly affected by the release

(2) The person having control of a substance that is released into the environment that may cause, is causing or has caused an 59

adverse effect shall, immediately on becoming aware of the release report it to the persons referred to in subsection (1)(a), (

b) and,(

d) unless the person having control has reasonable grounds to believe that those persons already have knowledge of the release.

(3) A police officer or employee of a local authority or other public authority who is informed of or who investigates a release of a substance into the environment that may cause, is causing or has caused an adverse effect shall immediately notify the Director of the release unless the police officer or employee has reasonable grounds to believe that it has been reported by another person. Manner of reporting 106(1) A person who is required to report to the Director pursuant to

section 105 shall report in person or by telephone and shall include the following in the report, where the information is known or can be readily obtained by that person: (

a) the location and time of the release; (

b) a description of the circumstances leading up to the release; (

c) the type and quantity of the substance released; (

d) the details of any action taken and proposed to be taken at the release site; (

e) a description of the location of the release and the immediately surrounding area.

(2) In addition to a report under subsection (1), a person shall report in writing where required to do so by the regulations.

(3) A person who reports under subsection (1) or (2) shall give to the Director any additional information in respect of the release that the Director requires. Duty to take remedial measures 107 Where a substance that may cause, is causing or has caused an adverse effect is released into the environment, the person responsible for the substance shall, as soon as that person becomes aware or ought to have become aware of the release, shall (

a) take all reasonable measures to (

i) repair, remedy and confine the effects of the substance, and 60

(ii) remove or otherwise dispose of the substance in such a manner as to effect maximum protection to human life, health and the environment, and (

b) restore the environment to a condition satisfactory to the Director. Environment al protection order 108 Where (

a) a release of a substance into the environment may occur, is occurring or has occurred, and (

b) the Director is of the opinion that the release may cause, is causing or has caused an adverse effect, the Director may issue an environmental protection order to the person responsible for the substance to take any measures that the Director considers necessary, including but not limited to any or all of the measures that are referred to in

section 99(2). Emergency environmental protection order 109 Where (

a) a release of a substance into the environment may occur, is occurring or has occurred, and (

b) an inspector or investigator or the Director is of the opinion that the release may cause, is causing or has caused an immediate and significant adverse effect, the inspector or investigator or the Director may issue an environmental protection order to the person responsible for the substance directing the performance of emergency measures that the inspector, investigator or Director considers necessary. Emergency measures and notification 110(1) Where (

a) a release of a substance into the environment may occur, is occurring or has occurred, and (

b) an inspector or investigator or the Director is of the opinion that the release of the substance into the environment may cause, is causing or has caused an immediate and significant adverse effect, 61

the inspector, investigator or Director may take any emergency measures that the inspector, investigator or Director considers necessary to protect human life or health or the environment.

(2) The inspector, investigator or Director shall forthwith notify Alberta Public Safety Services, the local authority and the medical officer of the health unit in the area where the substance is located of the emergency measures taken by the inspector, investigator or Director under subsection (1). Division 3 Contaminated Sites Definition111 In this Division, “person responsible for the contaminated site” means a person responsible for the contaminated site within the meaning of the regulations.

Designation of contamin ated sites 112(1) The Director may designate any area of the environment as a contaminated site where the Director is of the opinion that a substance that may cause, is causing or has caused a significant adverse effect is present in the environment. (2) Subsection (1) applies notwithstanding that any or all of the following may apply: (

a) a reclamation certificate has been issued in respect of the contaminated site; (

b) an administrative or enforcement remedy has been pursued under this Act or under any other law in respect of the contaminated site; (

c) the substance was released in accordance with this Act or any other law; (

d) the release of the substance was not prohibited under this Act; (

e) the substance originated from a source other than the contaminated site.

(3) The Director may cancel a designation of a contaminated site. Environ mental protection order re a contaminated site 113(1) Where the Director designates a contaminated site, the Director may issue an environmental protection order to a person responsible for the contaminated site. 62

(2) An environmental protection order made under subsection (1) may (

a) require the person to whom the order is directed to do any work or carry out any measures the Director considers necessary to restore or secure the contaminated site and the environment affected by the contaminated site, including, but not limited to, any or all of the measures specified in

section 99, and (

b) in accordance with the regulations, regulate or prohibit the use of the contaminated site or the use of any product that comes from the contaminated site. Notice of decision 114 The Director shall give notice of his decision to designate an area of the environment as a contaminated site under

section 112 and of the issuance of an environmental protection order under

section 113 to any of the persons responsible for the contaminated site that the Director considers appropriate and to the local authority of the municipality in which the contaminated site is located. Compensa tion 115 The Minister may (

a) in accordance with any applicable regulations, or (

b) in the absence of any applicable regulations, in the manner and amount he considers appropriate pay compensation to the owner of land who suffers loss or damage as a result of the application of this Division. Division 4 Regulations Regulations by Minister 116 The Minister may make regulations (

a) classifying releases for the purposes of Division 2 and exempting any release or any class of release from the application of that Division, and attaching terms and conditions to any such exemption, (

b) establishing when a report of a release for the purposes of

section 106 must be in writing and respecting its contents; 63

(

c) prescribing the concentration, including the maximum concentration, of a substance that may be released into the environment; (

d) prescribing the amount, including the maximum amount, of a substance that may be released into the environment; (

e) prescribing the rate of release, including the maximum rate of release, of a substance into the environment; (

f) respecting the method or type of method or instrument for measuring or determining (

i) the concentration of a substance released into the environment, (ii) the weight of a substance released into the environment, (iii) the rate of release of a substance into the environment, and (iv) visible emissions; (

g) prescribing the point at which a measurement pursuant to the regulations is to take place; (

h) prescribing the maximum visible emissions permitted to be released; (

i) establishing a program for the certification of visible emission readers, including regulations respecting (

i) the manner in which visible emission readers are taught and certified, (ii) the issuing, suspension and cancellation of certificates of qualification, and (iii) the regulation of the activities of visible emission readers; (

j) regulating and prohibiting the use of a contaminated site or the use of any product that comes from a contaminated site. 64

Lieutenant Governor in Council regulations 117 The Lieutenant Governor in Council may make regulations (

a) regulating and prohibiting the removal or rendering ineffective of any device, procedure or thing that reduces or prevents or is intended to reduce or prevent the release of any substance and is attached or connected to or forming part of any thing; (

b) respecting the measures including levels of remedial requirements that may be required in an environmental protection order for the purposes of

section 99(2)(

e) including the incorporation or adoption for that purpose of documents that set out restoration guidelines; (

c) regulating the quantity and purity of water to be applied to land for the purpose of irrigation or watering of plant life, if the water so applied may directly or indirectly cause an adverse effect; (

d) regulating or prohibiting any use of land or any action in respect of land whereby any substance is released on or under any land, including land (

i) adjacent to or underlying a watercourse, or (ii) adjacent to or overlying an aquifer; (

e) defining “person responsible for the contaminated site for the purposes of this Part; (

f) authorizing the payment of compensation by the Government to any person for loss or damage suffered by that person as a result of the application of Division 3 to that person, including regulations respecting (

i) the circumstances under which compensation will be paid, and (ii) the manner in which a claim for compensation is assessed and made and the determination of the amount payable; (

g) generally, for the protection of the environment and the regulation of sources of substances. 65

PART 5 CONSERVATION AND RECLAMATION

Definitions118 In this Part, (a) “agricultural operation” means the production or any step in the production of livestock, grain, forage crops, poultry, furs, honey or any other agricultural product, but does not include any other type of business operation carried on by a farmer; (b) “expropriation board” means the board, person or other body having the power to order termination of a right of entry order as to the whole or part of any land affected by the order; (c) “operator” means (

i) an approval holder who carries on an activity in respect of specified land, (ii) any person who carries on or who has carried out an activity in respect of specified land other than pursuant to an approval, (iii) a successor, assignee, executor, administrator, receiver, receiver-manager or trustee of a person referred to in subclause (

i) or (ii), and (iv) a person who acts as principal or agent of a person referred to in subclause (i), (ii) or (iii); (d) “reclamation certificate” means a reclamation certificate issued under this Part; (e) “reclamation inquiry” means a reclamation inquiry conducted under this Part; (f) “right of entry order” means (

i) an order granting right of entry that is made (

A) by the Surface Rights Board under the Surface Rights Act, or (

B) under a former Act within the meaning of that term in the Surface Rights Act; 66

(ii) an order for the expropriation of land or an interest in land required for the purposes of a pipeline or transmission line that is made by the Surface Rights Board, the Public Utilities Board or a predecessor of either of them; (g) “specified land” means land in respect of which an activity is carried on and that is designated as specified land in the regulations, but does not include (

i) land used solely for the purposes of an agricultural operation, (ii) subdivided land that is used or intended to be used solely for residential purposes, or (iii) any part of any unsubdivided land that is the site of a residence and the land used in connection with that residence solely for residential purposes; (h) “surface lease” means a lease, easement, licence, agreement or other instrument granted or made before or after the commencement of this Part and under which the surface of land has been or is being held; (i) “surrender” means a surrender, relinquishment, quit claim, release, notice, agreement or other instrument by which a surface lease is discharged or otherwise terminated as to the whole or part of the land affected by the surface lease; (j) “termination” means the termination of a right of entry order by an expropriation board as to the whole or part of the land affected by the order.

Security by operator 119(1) If required by the regulations, an operator shall provide financial or other security and carry insurance in respect of the activity carried on by the operator on specified land. (2) Subsection (1) does not apply to the Government or a government agency. Duty to reclaim 120(1) An operator must conserve and reclaim specified land and secure a reclamation certificate in respect of the conservation andreclamation. 67

(2) Where this Act requires that specified land must be conserved and reclaimed, the conservation and reclamation must be carried out in accordance with (

a) the terms and conditions in any applicable approval, (

b) the terms and conditions of any environmental protection order regarding conservation and reclamation that is issued under this Part, (

c) the directions of an inspector, and (

d) this Act. Issuance of reclamation certificate 121(1) An application for a reclamation certificate must be made by the operator to the Director in the form and manner provided for in the regulations.

(2) An inspector may issue a reclamation certificate to the operator if the inspector is satisfied that the conservation and reclamation have been completed in accordance with

section 120(2).

(3) An inspector may issue a reclamation certificate with respect to all or only a part of the specified land, and in the latter case

section 120(1) continues to apply with respect to the remaining specified land. Reclamation inquiry 122 An inspector shall, when required to do so by the regulations, conduct a reclamation inquiry in accordance with the regulations. Amendment and cancellation of certificate 123(1) The Director may (

a) amend a term or condition in a reclamation certificate or add a term or condition to or delete a term or condition from a reclamation certificate if the Director considers it appropriate to do so, (

b) cancel a reclamation certificate issued in error, or (

c) correct a clerical error in a reclamation certificate.

(2) The Director shall promptly give notice of any amendment, addition, deletion or cancellation to the same persons to whom a copy of the original reclamation certificate was given under

section 129. 68

Environ mental protection order before reclamation certificate 124 Subject to any applicable approval and the regulations an inspector may at any time before the issuance of a reclamation certificate issue an environmental protection order regarding conservation and reclamation to an operator directing the performance of any work or the suspension of any work that in the inspector’s opinion is necessary in order to properly conserve and reclaim specified land. Environ mental protection order re off site damage 125 Where, after conducting a reclamation inquiry in accordance with the regulations, an inspector is satisfied that an operator (

a) has done or permitted to be done anything that has caused an adverse effect in a location other than the specified land in respect of which the operator is or was carrying on the activity, or (

b) has caused or allowed a substance to leave or escape from the specified land in respect of which the operator is or was carrying on the activity, the inspector may issue an environmental protection order regarding conservation and reclamation in respect of the matter to the operator in accordance with the regulations. Environ mental protection order after reclamation certificate 126(1) When, after a reclamation certificate has been issued under

section 121, the Director is of the opinion that further work may be necessary to properly conserve and reclaim the specified land to which the certificate relates, the Director may cause an inspector to conduct a reclamation inquiry in accordance with the regulations.

(2) If, following the reclamation inquiry, the Director is of the opinion that further work is necessary to conserve and reclaim the specified land and the work relates to matters that were not apparent to the inspector at the time the inspector issued the reclamation certificate, the Director may issue an environmental protection order regarding conservation and reclamation to the person to whom the reclamation certificate was issued directing the performance of any work that the Director considers is necessary to properly conserve and reclaim the land.

(3) No environmental protection order regarding conservation and reclamation may be issued under this

section after the date prescribed in or determined in accordance with the regulations for the purposes of this

section but in such a case the Director may carry out any work that, but for this section, could have been 69

ordered in an environmental protection order regarding conservation and reclamation.

(4) The costs of performing work under subsection (3) are the responsibility of the Government. Emergency environmental protection order 127 Where an inspector is of the opinion that an immediate and significant adverse effect may occur, is occurring or has occurred on specified land as a result of the carrying on of an activity on specified land, the inspector may issue an environmental protection order to the operator directing the suspension of any work on the specified land. No surrender or termination without reclamation certificate 128(1) Notwithstanding anything in any other Act or any surface lease or right of entry order, (

a) no surrender of a surface lease is effective or binding on any person, and (

b) no expropriation board shall order the termination of a right of entry order insofar as the surrender or termination relates to any interest of the registered owner, until a reclamation certificate has been issued in respect of the specified land affected by the surrender or termination. (2) Subsection (1), insofar as it relates to right of entry orders, applies only to (

a) right of entry orders pertaining to transmission lines in effect after August 15, 1978, and (

b) right of entry orders of any other kind, where the lease or order is in effect on or after June 1, 1963.

(3) Notwithstanding subsection (1), an expropriation board may order the termination of a right of entry order without a reclamation certificate in any case where (

a) the parties to the order have entered into a surface lease with respect to the specified land affected by the order and have requested the termination, (

b) the specified land affected by the order has been acquired or expropriated by the Government or by a municipal corporation, or 70

(

c) the expropriation board is satisfied that the operator has not exercised any rights under the order.

(4) The surrender or termination of a surface lease or right of entry order as to all or any part of the specified land in respect of which a reclamation certificate is issued is not affected by an appeal under

section 83(1)(g). Copies of orders and certificates 129 Where an environmental protection order regarding conservation and reclamation or a reclamation certificate is issued under this Part, in addition to giving a copy of the order or certificate to the operator, the person issuing the order or certificate (

a) shall immediately give a copy of the order or certificate to the owner of the land concerned, and (

b) may give a copy of the certificate to any other person whom the person issuing the certificate considers to be directly affected by the activity to which the certificate relates. Conservation and Reclamation Council 130(1) The Land Surface Conservation and Reclamation Council is continued as the Conservation and Reclamation Council, consisting of the following persons: (

a) an employee in the Department of the Environment, who shall be the chair of the Council and shall be appointed by the Minister; (b) 2 employees in the Department of Forestry, Lands and Wildlife, who shall be deputy chairs of the Council and shall be designated by the Minister of Forestry, Lands and Wildlife and appointed by the Minister of the Environment; (

c) employees under the administration of the Minister who are appointed by the Minister; (

d) other employees of the Government or of government agencies who are appointed by the Minister, (

e) persons appointed by local authorities in accordance with the regulations.

(2) The Council shall carry out the functions and duties relating to conservation and reclamation of land that are assigned to it in the regulations. 71

Regulations by Lieutenant Governor in Council 131 The Lieutenant Governor in Council may make regulations (

a) respecting the manner in which specified land must be conserved and reclaimed; (

b) respecting the establishment of standards or criteria to be used in order to determine whether conservation and reclamation hav

Document details

Collection	Alberta — Bills
Citation	L22 S3 2604
Type	bill
Volume / chapter	L22 S3 2604
Language	en
Format	json
Source	PROVINCIAL
Identifier	4a2b1f80d05e82998edf7303fa0a21487300ab41

Source file is stored in the law ingest library (json).