197] Bill 41 Fourth Sc;;sion, 16th Legislatl1l'c, 20 Elizabeth II THE LEGISLATIVE ASSEl\lBLY OF ALBERTA THE HONORABLE IVIR. HENDERSON First Reading Second ncadi n p' o -.. ---------=.::..::::::.==--" •. -.-- --- ----.--.-- ---.--. :-::::::-::::==::::..:.-------=:: Pi il~'~~ OJ" L. S. ,','.'.11. i."; ·:·;~·s--·i·:;~;:_;-:-":E;-lll~-I,):.:on

1971 THr: CLEAN AIR ACT (Assented to ,1971) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follov·.'S: 1. In this Act (a) "air contaminant" means any solid, liquid or gas or combination of any of thenl in the atmosphere resulting directly or indirectly from the activities of man; (b) "air pollution" means (

i) the presence in the atmosphere of any air contaminant in excess of the permissible level of density prescribed in the regulations for that air contaminant, or (ii) the presence of any ail' contaminant having an offensive odour in the atmosphere, regardless of its concentration in the atmosphere; (c) "Authority" means the Environment Conservation Authority; (d) "Department" nl€anS the Department of the En­ vironment; (e) "Director" means the Director of the Division of Pollution Control of the Department; (f) "emission control order" means an order of the Director under

section 6; (g) "governnlent agency" nleans (

i) a corporation that is an agent of the Crow1l in right of Alberta, or (ii) any corporation, conlmission, board or other body empo\vered to exercise quasi-judicial or governmental functions and whose member::; are appointed by

an Act of the Legislature, the Lieutenant Governor in Council, or a l\Iinister of the Crown, or any combination thereof; (h) ~'l\linister" means the l\Iinister of the Environ­ ment;

I.

Definitions.

(i) "Provillcial Board of Health regulations" nleali.':i regulations nlade pnrsnant to

section 7, subsection (1), clause 20 of The Public Health Act; (j) "Supreme 'Court" nleans the Supreme Court of Alberta. 2. The IVIinister is charged with the administration of this Act. 3.

(1) Subject to subsection (2), the l\Iinister nlay make regulations (

a) prescribing maxinlum permissible levels of density of any air contanlinant for all or any part of Al­ . berta, and (

b) prescribing nlethods for determining the density of any air contaminant for the purposes of regu­ lations under clanse (a).

(2) Any maximunl pernlissible level of density of an air contaminant prescribed pursuant to regulations under this

section shall not exceed the maximum pernlissible level of density prescribed under the Provincial Board of Health regulations for that contarninant for the sanle part of Alberta. 4.

(1) Subject to the regulations, no person sha1l COIn~ mence the construction of 2 (

a) any plant for the nlanufacture of petroleum pro­ duct.s, natural gas products, chenlical and allied products, pulp and paper products, stone, clay or glass products, cenlent and linle products, fertili­ zers or aninlal by-products, or (

b) any plant for primary metal production, nletal processing, the processing of wood or wood pro­ ducts, the processing of corJ I thE' processing of natural gas or its derivatives, the manufacture of asphalt or ready-mixed concrete, gravel crushing or nleat packing, or (

c) any incinerator other than an incinerator for a one-fanlily d,velling, or (

d) any sewage treatnlent and disposal plant, or (

e) any ·hay and forage drier, seed cleaning plant 01' feed mill plan t, 01' (

f) any thermal electric power genenlting plant or any steam genera Ling plant, or (

g) any plant, structure or thing, where the Director has, prior to the comn18ncement of constrnction,

2 2. Minister of the Environment responsible for administration of the Act. 3. Minister's regulations prescribing max:.:TIum permissible levels of density for air contaminants at levels more stringent than those prescribed by the Pro\'incial Board of Health. 4. Requircrt~ent for approval of plans and specifications of plants, structures, etc., that emit air contaminants.

notified that person in \vriting that the proposed plant, structure or thing will, in the Director's opinion, be a sonrce of air pollution and that it is subject to this section, or (

h) any other type of plant, structure or thing speci­ fied in the regulations as being subject to this section, or (

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

a) to (h), unless the plans and specifications therefor are approved by the Director.

(2) Plans and specifications subnlitted to the Director under th Li

section shall (

a) show the location of the plant, structure or thing. its size and capacity, the nature of 11lanufactur­ ing, processing or other operation for \vhich it is to be used and the method by which any air con­ taminant will be released therefronl, and (

b) be in such detail as the Director 11lay require. (3)- The Director nlay require the· applicant for an approval under this

section to submit to ·hinl any additional information that the Director considers necessary regard­ ing the proposed plant, structure or thing.

(4) The Director may give or refuse to give his approval of the plans and specifications or 11lay require a change in location of the plant, structure or thing or a change in the plans and specifications as a condition precedent to giving his approval under this sec Lion. ( 5) The Dire~tor may (

a) make his approval under this

section subject to such conditions as he prescribes, or (

b) specify l'equirenlents as to the manner and fre­ quency of recording levels of density of ail' con­ taminants emitted by the plant, structure or thing that is the subj ect of: the approval, or (

c) specify requiren1ents as to the manner in which the plant, structure or thing is to be operated.

(6) The Crown is bound by subsection~ (1) to (5). (7) 'Vhere any person has commenced the constructioll of anything in contravention of subsection (1) the Direc­ tor may cause to be served on that person a notice directing him to cease the construction work forth,~,Tith until he has complied with subsection (1). (8) ,,\Vhere any person is constructing anything referred to in subsection (1) either not in accordance with the approved plans .snd specifications or in contravention of the conditions of the approval prescribed by the Director,

the Director rnay Cat,Fe to be served on that person a notice directing him to cease the construction forthwith until he satisfies the DirectOl' that the thing to be constructed will be constructed in accordance with the approved plans and specifications and the conditions of the approva1.

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

summary conviction to a fine not exceeding $1000 for each day during \vhich any construction work was done in contravention of the notice. (10) 'Vhel'e any person fails to con1ply with a notice gIven to him under subsection (7) or (8) upon service of the notice or subsequently, the Director n1ay apply by way of originating notice of motion to the Supreme Court for an order directing that person to comply with ,the notice.

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

a) where the plans and specific2.tions therefor were not approved by the Director under subsection (1) and where conshuction was cOl1unenceo after the coming into force of this section, or' (

b) in contravention of the terms or conditions of an approval of the Director, is guilty of an offence. 5.

(1) The Lieutenant Governor in Council may by regulation designate any officer of the Crown or any government agency as a person who shall exercise th:; powers of the Director under

section 4 \'lith respect to (

a) any specified class of plants, structures or things referred to in

section 4, subsection (1), clanses (

a) to (

f) or in the regulations under

section 10, clause (c), or (

b) any alteration or addition to anything specified in the regulations pursuant to clause (a). (2) vVhel'e a regulation is n1ade under subsection (1) then unle:; the regulation provides otherwise, 4 (

a) a reference to the Director in

section 4, 6, 7 or 8 shall be deen1ec1 to refer instead to the officer of the Crown or govenl1neut agency so designated by the regulation, and (

b) a reference to the Division of Pollution Control in

section 8 shall be deen1ed to refer instead, as the case requires, to the department of the Govel'n­ n1ent of which the officer so designated by the regulation is an employee or to the govenlIl1ent agency so desiL 'tt.cel by the regulation.

5. Transfer of powers of approval or disapproval of plans and specifications pursuant to

section 4 to another officer of the Govern­ ment or to a government agency. 'Where the power is so transferred, the officer or government agency to whom the power is transferred will then exercise the powers of the 'Director of the Division of Pollution Control as to approvals under

section 4 and "emission control orders" under

section 6 in respect of the class of plant, structure or thing specified in the regulations. 4

6. (1) \Vhere it app~ars to the Director that there exists in the atmosphere In any part of Alberta (

a) an air contan1inant in concentrations that excect"1 the maximllnl permissible level of density pre­ scribed for that contanlinantby the regulations, or (

b) an air contalllinant that in his opinion \vill exceed the maxin1um pern1issible level of density pre­ scribed for that contaminant in the absence of an order 01' order. under this section, or (

c) an air contan1inant having an offensive odour, the Director may issue one or 1110re orders, calIed "en1ission control orders", directed at persons owning or operating any plants, structures or things that the Director considers to be sources of the air contaminant.

(2) The Director may, in an emission control order, order the person to whorn it is directed (

a) to limit or control the rate of emission of the con­ taminant by the plant, structure or thing in ac­ cordance 'with the directions specified in the order; (

b) to refrain from emitting the contaminant either permanently or for a specified period or during the times or in the circunlstances specified in the order; (

c) to comply with any directions specified in the order relating to the manner in 'which the con­ taminant may be emitted or the procedures to be followed in the control or elin1ination of the emis­ sion of the contaminant; (

d) to instal, replace or alter any equipn1ent or thing designed to control or eliminate the emission of the contaminant.

(3) A person to whonl an enlission control order is directed shall comply with the order forthwith upon service of a copy of it upon him unless the order specifies a futllre date by which the order is to be conlplied with.

(4) The Director shall cause a copy of an en1ission con­ trol ()rdel' to be served upon the person to \vhon1 it is directed either personally or by TIlail.

(5) The Director TI18.Y issue an en1ission control order notwithstanding that the IJ'lt, structure or thing owned or opera ted by the person to 'Vh01l1 the order is directed (

a) was approved as to its pl8.ns and specifications pur­ suant to

section 4, or 5

G. Emission control orders to control offens1 ve odours or air pollution where the ~e~el of density of an air contaminant exceeds the maximurn permIssIble levels. 5

(

b) is at the time the order is made being operated in accordance with the approval.

(6) The Director may, by a further order, anlcncl, re­ place or revoke an emission control order and in each case shall cause a copy of the order to be served on the person to whom the ernission control order was directed. (7) \Vhere an emission cont.rol orc1..:1' is directed to a municipal corporation, and it is necessary for the nlulli­ cipal corporation to borrow nloney to nleet expenditures required to comply with the order, a by-law nlade by thl; council of the nlunicipal corporation to authorize the bor­ rowing does not require the assent of the proprietary elec­ tors.

(8) A 'person to whom an enlission control order is directed who does not conlply with the order is guilty of an offence. 7.

(1) Where the Minister is satisfied that any person (a) ;has contravened or is contravening a provision of this Act or a regulation or order under this Act, or (

b) has failed to conlply with an order 01' direction of the Director under this Act or under the regula­ tions, or (

c) owns or operates any plant, structure or thing that is a source of air pollution \vhich the :Minister considers to be an immediate danger to human life or property or both, the 1\1inister may issue an order (in this

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

(2) In a stop order, the IVIinister nlay require that the person to whom it is directed (

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

b) stop any operations or shut do"wn or stop the operation of any plant, equipmellt, structure 01' thing, either permanently 01' for a specified period, and the stop order shall contain the reasons for nlaking it.

(3) Not less than 48 'hours after lll8.king a stop order, the Minister shall cause a copy of it to be served on the person to WhOTIl it is directed, and upon receipt of· such copy, the person to vvhonl the stop order is directed shall comply with the order forthwith.

(4) A person to whonl a stop order is directed and who fails to comply with the o1'(ler fOl'thwith upon serviCe of a 6

7. "Stop orders" by the :r..'Iinister to cease contraventions of the Act, regulations or emission control orders or to shut down plants or operations in cases of actual or threatened air pollution. 6

copy of it upon him or subsequently, is guilty of an offence and liable on sumn1ary conviction to a fine o~ not more than $10,000 for each day that the offence contInues or to a term of imprisonlnent of not more than 12 months or to both the fine and in1prisonment. (5) \Vhere the perSOll to whon1 a stop order is directed fails to comply with the stop order forthwith upon service of a copy of it upon hiln or subsequently, the :rvrinister nlay apply to the Supren1e Court by way of originating notice of motion for an order of the Court directing- that person to comply with the stop ord::l'. (6) \Vhere the pel'SOIl to 'whom the stop order is directed fails to comply 'with the stop order fOl'thviith upon service of a copy of the order of the Supreme Court under sub­ section (5) upon him 01' subsequently, (

a) the failure to C01l1ply with the stop order may be dealt \vith by the Court as in the case of a civil contempt of the Court, (b). an officer of the Department authorized by the Minister for the purpose and any other persons assisting that officer may, 1,vithout further leave of the Court and without incurring ~iability therefor, enter upon any land and do any acts that are necessary to carry out the stop order, (

c) the sheriff, the sheriff's bailiff and any other per­ sons under the written direction of the sheriff nlay assist the officer of the Department and his assist­ ants in enforcing their pO'wers and duties under clause (b), and (

d) the rVIil1ister n1ay recover by action any expenses incurred by the Governnlent in carrying out the stop order pursuant to clause (

b) from the person to whom the stop order was directed.

(7) A person to whonl a stop order is directed D1ay, within 15 days after service upon him of a copy of the order, appeal to the Minister in accordance with the regulations for an inquiry into the stop order, (8) 'Vhere an appeal is made under subsection (7), the Minister shall refer the appeal and the stop order to the Authority for an inquiry.

(9) The Authority shall (

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

b) c1etennine whether, in its opinion, there were suf- ficient grounds for the making of the stop order, and upon completion of the inquiry the Authority shall report its findings to the l\linister together with any recommendations it wishes to make in regard to the con­ firmation. amendment or revocation of the stop order. 7

(10) Upon receipt of t1:e report of the Authority the l'iiiuistel' shall eithcl' COllfi!'m, amend or revoke the stop order and shall notify aecc!l'dintdy the person to whon1 it is directed.

(11) The rlIinister mft}' (

a) an1encl a stop order if he con~ic1el's it advisable in the circumstances to do so, 01' (

b) re\Tol~e a stop O1'del', and shall accordingly notify the person to whon1 the stop order was directed.

(12) This

section applies ,vhether or not the contraven­ tion of the Act, regulation 01' order concerned constitutes an offence, and whether or not a conviction has been adjudged for the offence. 8.

(1) The Director or any employee of the Division of Pollution Control authorized by the Director may, without incurring liability therefor, enter into any land or prernises for the purpose of (

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

b) examining, n1aking copies of or taking extracts from, any records of a person o\vning or operating a plant, structure or thing that he on reasonable grounds believes is or contains a source of air pol­ lution, if the records relate to the emission of ail' contaminants, or (

c) carrying out any powers or duties conferred or imposed on the Director by this Act or the regula­ tions. (2) 'Vhere the Director or employee wishes to enter any lands or premises pursuant to subsection (1) and is pre­ vented from entering, the Director may apply to the Supl'enw Court by way of originating notice of n10tion for an order Jermitting the Director 01' any employee i)f the Divi~ion of Pollution Control authorized by the Director to enter the lands orpl'emises for the purposes specified in the order, and an order so made may be enforced by the sho·iff. .

(3) The Director may direct the owner or operator of any plant, structure or thing to pl'ovide to the Direeor any records or other infol'mation specified in the direction within the time lin1ited in the direction, if the data, records or other information relate t(1 the emission of air conianlill­ ants by that plant, structure or thing. a

8 8. Powers of Director to enter lands to inspect plants, etc. and records, and to require information.

(4) A person who fails ~o con;ply \\~it~ a c1irectlon gi.ve~l to him rursuant to subsectIon (0) \vlthln the time lmlltccl in the direction is guilty of an offence and liable on sum­ mary conviction to a fine of not nlore than $1000 for each day th8.t the contravention continues. 9. A person \vho is guilty of an offence UndOl" this Act or the regulations for ·which no penalty is expressly pro­ vided,is liable on

summary conviction to a fine not excG2d­ ing $5,000 and in default of payment to a ternl of imprison­ ment not exceeding thl'e2 TI1onths. 10. The Lieutenant Govel"nOr in Council nlay nlake regulations (

a) governing applications for and the issue of approv­ als under

section 4; (

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

section 4; (

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

section 4; (

d) prescribing the prccedures in respect of appeals under

section 7 and of inquiries held uncleI' that section; (

e) providing for any procedure relating to any pro­ ceedings under this Act or the regulations; (

f) authorizing the paY_."tent of compensation by the Crown to any person for loss or danlage to that person as a result of the application to him of any provision of this Act or the regulations or as a result of an order directed to hin1 under this Act, prescribing the cases in which the cOll1pensation shall be paid and the loss or dan18.ge for which the compensation is to be paid, and conferring jurisdic­ tion on the Supreme Court of Alberta, a district court or the Public Utilities Board in connection with settlelllent of the comp~~. ')ation to be paid; (

g) authorizing the l\l:inister to expropriate on behalf of the Crown any estate or interest in land if he considers it necessary to do so for the purpose of enforcing or carrying out the provisions of this Act or the regulations; (

h) requiring the submission to the Director or sonle other person of any returns or reports by any per­ son pertaining to the construction or operation of any plant, structul'e 01" thing or any class thereof that is or may be the SOlll'Ce of an ail' contan1inant; 9

9. Gencf81 PCTUlty. 10. Regulations of the Lieutenant Gover:lor in Council. 9

(

i) prescribing a tariff of fees payable to t}L~ l\Iinister (

i) pertaining to apI)licatiol1s for or thc issue of approvals under

section 4, (ii) for the filing of any returns, rcports or other documents that arc required 01' permitted to be filed unclel' this Act or the reguhtions, and (iii) for any other service proyic1ed by the Depart­ mentundcr this Act or the regulations; (

j) declaring any code pertaining to air quality, the pre­ vention, control or elin1ination of ail' pollution, the measurement of levels of density of air contan1in­ ants or the design, construction, 111ailltenance or op­ eration of any type of plant, structure or thing that may be a source of air pollution and issued or published by any governn1ent or association to be in force, either in whole or in part or with such nlOdi­ fications as are specified in the regulations; (

k) for the control, restriction or prohibition of the manufacture, sale or use of a~~y equipn1ent, device or service designed or provided for any purpose related to the control or elin1ination of air pollutjon; (1) providing, with respect to any provision· of the regulations, that its contravention constitutes an offence; (

m) providing, in respect of an offence provided for pursuant to clause (1), for penalties by way of fine or imprisonnlent or both for which the offender is liable on sun1mary conviction therefor; (

n) generally, for the pl'evention, control or prohibition of air pollution and the regu1ation of sources of air pollution. 11. For the purposes of this Act, a certificate issued before the commencenlent of this

section bv or on behalf of the Provincial Board of Health in respect 'Of any plans and specifications pursuant to the "P1'ovincial Board of Health Regulations for the Control of Air Pol1ntion", filed as Alberta Regulation 375/70, or its prec1ccessOl's, sh~ll be deemed to be an apPl'oval issued by the Director under

section 4. 10 12. The Public Health l-1et is amended (

a) as to

section 7, subsection (1) by striking out clause 20 and by substihding the following: 20. the prescribing" of n1axin1ull1 permissahle levels of density of air contaminants in the atmos­ phere in all or any part of Alberta and pre­ scribing the methods for determining the den­ sity of such air contaminants;

II. Transitional provision re certificates of the Provincial Board of Health under present regulations. ] 2.

Section 7 (1) clauses 20 and 21 of The Public Health Act presently read: 7.

(1) The Provincial Board may, - - - - n'~I",t' and ;s;::ue ordprs, rul.'s and re£'ulations in respect of the following matters: 20. th(' Jll'(:\'(:ntion of tht~ pullution, defilement 01' fuuling of the atmos­ phert: and the regulation of plants, industries and pipe lint'':: dis('harging chemical or other waste matter into the atlll()sphere: 2\. tile reg'uhtion and prohibition of the (·onstructioll ()f any class or type ()f pbnt. industry or ].):pc lill" in an~' lCl(,:ltion where' it i:-: likely to create a prohlem through pollution of th.· atmosphere 0:' Y;ater or both; See

section 3 of t,is Bill. The regulations uncleI' The Public Health Act \dll prescribe density levels as they relate to public health. Sections 2·1 and 25 of The Public Health Act deal with abatement of air pollution. 10

(

b) as to

section 7, sllbsection (1) by strill'in[l out cla/lse 21, (

c) by stJ'iking out sections 24 and 25, (

d) as to

section 50. s ubsecNon (2) by sf'riking out clause (c). 13. This Act comes into force on a date to be fixed by Proclamation. . 11 Title: 1971 (16th, 4th) Bill 41, The Clean Air Act