Bill 35 — Fourth Session, 19Th Legislature, 31 Elizabeth Ii the Legislative Assembly of Alberta Bill 35 Special Waste Management Corporation Act (Legislature 19, Session 4)

L19 S4 3825

Alberta — Bills

1982 BILL 35 Fourth Session, 19th Legislature, 31 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 35 SPECIAL WASTE MANAGEMENT CORPORATION ACT THE MINISTER OF THE ENVIRONMENT First Reading .................................... ,~ .... _.~ ........... . Second Reading .............................. _ .• ft'~' •••• ,. ,~ ••• ~ •••• Committee of the Whole ........................................... . Third Reading .......................................................... ~,_ ........ ~, Royal Assent ....................................................... .

Definitions Bill 35 BILL 35 1982 SPECIAL WASTE MANAGEMENT CORPORATION ACT (Assented to TABLE OF CONTENTS

Definitions Establishment, name, composition and status Objects Policies Chairman and vice-chairman Remuneration and expenses of members Staff General power to make by-laws Validity of by-laws Meetings Borrowing and giving security Government grants Fiscal year Reports by Corporation Establishment and operation of facilities Incidental powers Use of private sector operators Requirement of by-law Amendments Coming into force I 1982) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1 In this Act, (a) "Corporation" means the Alberta Special Waste Management Corporation established by

section 2; (b) "Corporation facility" means a hazardous waste management facility established or operated or to be established or operated (

i) by the Corporation, or 1

(ii) pursuant to an agreement under

section 15(1); (c) "Crown" means the Crown in right of Alberta; (d) "hazardous waste" means hazardous waste as defined in the Hazardous Chemicals Act; (e) "hazardous waste management facility" means a facility for the reception, collection, movement, examination, storage, treat ment or disposal of hazardous waste; (f) "member" means a member of the Corporation appointed under

section 2( 1); (g) "Minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the admin istration of this Act; (h) "operator" means a person, other than the Corporation, who establishes or operates, or proposes to establish or operate, a Cor poration facility. Establishment, 2( 1) There is hereby established a corporation under the name of the ~:~sition "Alberta Special Waste Management Corporation" consisting of not and status fewer than 5 members appointed by the Lieutenant Governor in Council.

(2) The Corporation is an agent of the Crown. Objects 3 The objects of the Corporation are: Policies c,hainnan and vice-chairman (

a) to ensure the establishment and operation of sufficient Cor poration facilities to deal adequately with hazardous waste that is not being adequately dealt with by other hazardous waste man agement facilities, (

b) to ensure that Corporation facilities are established, operated and maintained in a manner that will protect the health and safety of the public and the environment, and (

c) to ensure the protection of the health and safety of the public and the environment following the closure of Corporation facili ties. 4 The Lieutenant Governor in Council may formulate policies for the Corporation and the Corporation shall follow those policies in carrying out its objects under this Act. 5(1) The Lieutenant Governor in Council shall designate 1 member to be chairman and another to be vice-chairman of the Corporation.

(2) The chairman is the chief executive officer of the Corporation. 2

Remuneration and expenses of members

(3) I(the chairman is absent or unable to act or if the office of chair man is va~ant, the vice-chairman shall act as and has all the powers of the chaIrman.

(4) In the absence of the chairman and vice-chairman from a meeting of the Corporation, the members present shall appoint an acting chairman who shall act as and has all the powers of the chairman during the meeting. 6( 1) The Lieutenant Governor in Council may make an order (

a) fixing or governing the terms and conditions of service, in cluding remuneration and expenses, applicable to (

i) the chairman, and (ii) other members, in so far as they are not employees of the Crown within the mean ing of the Public Service Act, or (

b) delegating to the Minister all or any of his powers under clause (

a) to fix terms and conditions of service.

(2) The remuneration and expenses referred to in subsection (1) shall be paid by the Corporation. Staff 7(1) The Corporation may (

a) employ technical or professional persons and other officers and employees; (

b) subject to subsection (2), prescribe the terms and conditions of employment, including remuneration and expenses, of its em ployees; (

c) prescribe the duties of its employees; (

d) engage any person to provide to the Corporation any services of a professional nature or requiring special technical knowledge or training, on the terms and for the remuneration that may be agreed on.

(2) The Corporation shall make by-laws (

a) establishing job classifications for its employees and salary ranges in respect of each job classification so established; (

b) governing the application of the salary ranges; (

c) if applicable, authorizing the payment of benefits to, or for the credit of, employees in addition to their salaries or wages.

(3) The Corporation may by by-law establish 1 or more contributo.ry or non-contributory pension, including death benefit, plans for Its employees and former employees and their dependants. 3

Generalpowerto 8 The Corporation may make by-laws regulating its proceedings make by-laws and generally for the conduct and management of the business and affairs of the Corporation_ Validity of by-laws 9(1) A by-law of the Corporation referred to in

section 7(2), (3), 11(1) or 18 is not valid unless and until it is approved by the Lieutenant Governor in CounciL

(2) A by-law of the Corporation not referred to in subsection (1) is not valid unless and until it is approved by the Minister.

(3) The Regulations Act does not apply to by-laws ofthe Corporation. Meetings 10 Meetings of the Corporation shall be held at the call of the chair man or in any other manner prescribed by the by-laws but in no case shall more than 4 months elapse between meetings of the Corpora tion. Borrowing and 11(1) The Corporation, in the furtherance of its objects, may by by- giving security law Government grants Fiscal year Reponsby Corporation (

a) borrow money, and (

b) issue notes, bonds, debentures or other securities or mortgage or pledge any of the Corporation's property to secure money bor rowed by or an obligation or liability of the Corporation.

(2) The Lieutenant Governor in Council may by order (

a) authorize the Provincial Treasurer to guarantee on behalf of the Crown the repayment of all or part of any money borrowed by the Corporation under this

section or any interest thereon, (

b) prescribe the form of the guarantee instrument, and (

c) specify who may execute the instrument on behalf of the Provincial Treasurer. . 12 The Crown may make grants to the Corporation from money voted by the Legislature for that purpose. 13 The fiscal year of the Corporation begins on April 1 and ends on March 31 in the following year. 14(1) The Corporation shall make an annual report to the Minister relating to the business and affairs of the Corporation, and the Min ister shaUlay a copy of the report before the Legislative Assembly if it is then sitting and if not, within 15 days of the commencement of the next ensuing sitting.

(2) The Minister may require the Corporation to make reports and provide infonnation to the Minister pertaining to any aspect of the 4

Establishment ando~tion offacilities Incidental powers Use of private sector operators Requirement of by-law Consequential amendment Coming into force busin~ss and affairs of the Corporation in such form and at such times as th~ Minister specifies, and the Corporation shall comply with those reqwrements. 15(1) The Corporation may establish and operate, or enter into agreements with other persons to establish and operate, such hazard ous waste management facilities as it considers necessary to carry out its objects.

(2) The Corporation may expand or modify or enter into agreements to expand or modify Corporation facilities. 16 The Corporation may do anything that is incidental to the at tainment of its objects or to any of its powers or duties under this Act. 17 The Corporation shall endeavour to ensure that wherever prac ticable Corporation facilities are established, operated and main tained by operators from the private sector. 18 The Corporation shall not establish, expand or make a substan tial modification to, or enter into an agreement with any person to establish, expand or make a substantial modification to, a hazardous waste management facility except pursuant to a by-law. 19 The Public Service Employee Relations Act is amended in

section 1 of the

Schedule by adding the following after clause (I): (

m) the Alberta Special Waste Management Corporation. 20 This Act comes into force on Proclamation. 5 Title: 1982 (19th, 4th) Bill 35, Special Waste Management Corporation Act

Document details

Collection	Alberta — Bills
Citation	L19 S4 3825
Type	bill
Volume / chapter	L19 S4 3825
Language	en
Format	json
Source	PROVINCIAL
Identifier	57f777ebd98cfb2372b0bb5adeffc3a63848b59d

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