Bill 206 — Fu-St Session, 22Nd Legislature, 38 Elizabedi Ii the Legislative Assembly of Alberta Bill 206 Environmental Assessment Act (Legislature 22, Session 1)

L22 S1 2855

Alberta — Bills

1989 BILL 206 Fu-st Session, 22nd Legislature, 38 Elizabedi II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 206 ENVIRONMENTAL ASSESSMENT ACT MR. MITCHELL First Reading Second Reading Committee of die Whole Third Reading Royal Assent

Bill 206 Mr. Mitchell BILL 206 1989 ENVIRONMENTAL ASSESSMENT ACT (Assented to , 1989) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as foUows: PARTI

INTERPRETATION AND APPLICATION 1 In this Act, (a) "air" includes enclosed air; (b) "Board" means the Environmental Assessment Board referred to in

Part III; (c) "environment" means, (

i) air, land or water, (

U) plant and animal Ufe, including man, (Ui) the social, economic and cultural conditions that influence the life of man or a community, (iv) any buUding, stiiicture, machine or other device or thing made by man, (

v) any soUd, Uquid, gas, odour, heat, sound, vibration or radiation resulting direcdy or indirectiy from the activities of

man, or (vi) any part or combination of the foregoing and the interrelationships between any two or more of them, in or of Alberta; (d) "environmental assessment", when used in relation to an undertaking, means an envkonmental assessment submitted pursuant to

section 5(1); (e) "land" includes enclosed land, land covered by water and subsoU; (f) "Minister" means the Minister of the Environment; (g) "Department" means the Department of the Envkonment; (h) "municipality" has the meankig given to it in the Municipal Government Act and also includes a board, commission or other local authority exercising any power widi respect to municipal affaks or purposes, including school purposes, in an unorganized township or unsurveyed territory; (i) "person" includes a municipality.

Her Majesty in right of Alberta, a Provincial agency within the meaning of the Financial Administration Act, a pubUc body, a partnership, an unincorporated joint venture and an unincorporated association; (j) "proceed" includes "carry on"; (k) "proponent" means a person who, (

i) carries out or proposes to carry out an undertaking, or (

U) is the owner or person having charge, management or control of an undertaking; (1) "provincial officer" means a person designated by the Minister as a provincial officer under

Part IV; (m) "pubUc body" means a body other than a municipality that is defined as a public body by the regulations;

(n) "regulations" means the regulations made under this Act; (o) "undertaking" means, (

i) an enterprise or activity or a proposal, plan or program in respect of an enterprise or activity by or on behalf of Her Majesty in right of Alberta, by a public body or public bodies or by a municipality or municipalities, or (

U) a major commercial or business enterprise or activity or a proposal, plan or program in respect of a major commercial or business enterprise or activity of a person or persons other than a person or persons referred to in subclause (

i) that is designated by the regulations; and includes highways, power transmission lines, pipeUnes, sewage plants and, subject to

section 3(a), commercial projects. (p) "water" means surface water and ground water, or either of them. ^''^" 2 The purpose of this Act is the betterment of the people of the whole or any part of Alberta by providing for the protection, conservation and wise management in Alberta of the envkonment. Application 3 J^ig ^^j appllCS tO (

a) enterprises or activities or proposals, plans or programs in respect of enterprises or activities by or on behalf of Her Majesty in right of Alberta or by a pubUc body or public bodies or by a municipaUty or municipaUties on and after the day this Act comes into force; (

b) only on and after a day to be named by proclamation, major commercial or busmess enterprises or activities or proposals, plans or programs in respect of major commercial or business enterprises or activities of a person or persons, other than a person referred to in clause (a), designated by the regulations. no Crown 4 j^^ ^^j ^jj^^jg ^^ Crowu.

EARTH ACCEPTANCE, AMENDMENT, APPROVAL Environmental ^sessment Exception Content of environmental assessment 5(1) When an undertaking to which diis Act applies is proposed, the Minister shall cause an envkonmental assessment of the undertaking to be carried out and die proponent shaU not proceed widi the undertaking until (

a) the envkonmental assessment has been accepted by the Minister; (

b) the Minister has given his approval to proceed widi undertaking; and (

c) the proponent has paid all charges made pursuant to subsection (4). (2) Subsection (1) does not prohibit a feasibiUty study, including research, or any action necessary to comply with this Act before the approval of the Minister is given to proceed with an undertaking.

(3) An envkonmental assessment shall consist of, (

a) a description of the purpose of the undertaking; (

b) a description of and a statement of the rationale for, (

i) the undertaking, (

U) the alternative methods of carrying out the undertaking, and (Ui) the altematives to the undertaking; (

c) a description of, (

i) the envkonment diat wUl be affected or that might reasonably be expected to be affected, direcdy or indkectiy, (

U) die effects that wiU be caused or that might reasonably be expected to be caused to the envkonment, and

Where licences, etc., not to be (Ui) die actions necessary or that may reasonably be expected to be necessary to prevent, change, mitigate or remedy die effects upon or the effects that might reasonably be expected upon the envkonment, by the undertaking, the alternative mediods of carrying out the undertaking and die altematives to die undertaking; and (

d) an evaluation of die advantages and disadvantages to the envkonment of the undertaking, the alternative methods of carrymg out die undertaking and die altematives to the undertaking.

(4) The cost of preparing and reviewing die envkonmental assessment shall be charged to die proponent by the Mmister. 6(1) Where an environmental assessment of an undertaking is issued requked under this Act, (

a) a licence, permit, approval, permission or consent that is required under any statute, regulation, by-law or other requkement of the Province of Alberta, an agency thereof, a municipality or a regulatory authority, in order to proceed with the undertaking shall not be issued or granted; and (

b) if it is intended that the Provmce of Alberta or any agency thereof wUl provide a loan, a guarantee of repayment of a loan, a grant or a subsidy with respect to the undertaking, the loan, guarantee, grant or subsidy shall not be approved, made or given, unless, (

c) the envkonmental assessment has been accepted by the Minister; and (

d) die Minister has given approval to proceed widi the undertaking. Exception ^2) Subscctiou (1) does not apply to, (

a) a licence, permit, approval, permission or consent; (

b) a loan, guarantee, grant or subsidy.

Preparation of review and notice Inspection of environmental assessment in relation to a feasibiUty study, including research, or for any action necessary to comply with this Act before the approval of the Minister is given to proceed with the undertaking. 7(1) Where an envkonmental assessment of an undertaking is received by the Minister, the Minister, (

a) shaU cause a review of the assessment to be prepared; and (

b) shaU give notice of, (

i) the receipt of the assessment, (

U) the completion of the preparation of the review, (Ui) the place or places where the assessment and review may be inspected, and (iv) such other matters as the Minister considers necessary or advisable, to the proponent, the clerk of each municipality in which the undertaking is being or wUl be carried out and, in such manner as the Minister considers suitable, to the pubUc and to such odier persons as the Minister considers necessary or advisable.

(2) Any person may inspect an envkonmental assessment of an undertaking and die review thereof in accordance with the terms of die notice referred to in subsection (1) and may, within 30 days of the givmg of the notice or within such longer period as may be stated in the notice, (

a) make written submissions to the Minister with respect to the undertaking, the envkonmental assessment and the review thereof; and (

b) by written notice to the Minister, request a hearing by the Board with respect to the undertaking, the envkonmental assessment and the review thereof. 8 The Minister, in determining whedier to accept or to amend and Matters to be considered by the Minister acccpt 311 cnvkonmcntal assessment shall consider the purpose of this Act, the environmental assessment, the review thereof, the written submissions, if any, made with respect thereto, any reports

requked by and submitted to him, and any furdier review that the Minister has caused to be prepared. Notice of acceptance of environmental assessment 9 Where a hearing is not requked, (

a) pursuant to

section 12(2)(a); or (

b) pursuant to

section 12(2)(

b) after receipt of a notice pursuant to

section 7(2)(b), and the Minister, after considering the matters set out in

section 8, is of the opinion that the envkonmental assessment is satisfactory to enable a decision to be made as to whether approval to proceed widi the undertaking with respect to which the envkonmental assessment has been prepared should or should not be given or should be given subject to terms and conditions, the Minister shall accept the assessment and give notice thereof to the proponent and in such manner as the Minister considers suitable, to any person who has made a written submission to the Minister pursuant to

section 7(2). Notice of proposal to amend environmental assessment 10(1) Where a hearing is not required, (

a) pursuant to

section 12(2)(a); or (

b) pursuant to

section 12(2)(

b) after receipt of a notice pursuant to

section 7(2)(b), and the Mmister, after considering die matters set out in

section 8, is of the opmion that the envkonmental assessment does not comply widi this Act or die regulations, is inconclusive or is odierwise unsatisfactory to enable a decision to be made as to whether approval to proceed widi the undertaking widi respect to which the envkonmental assessment is submitted should or should not be given or should be given subject to terms and conditions, the Minister shaU give notice to the proponent and in such manner as the Minister considers suitable, to any person who has made a written submission to the Minister pursuant to

section 7(2) diat the Minister proposes to amend die envkonmental assessment, together widi written reasons therefor including particulars of the amendments that die Minister proposes to make to the envkonmental assessment and, after considering any further written submissions of the proponent and of any such person, die Minister,

where a hearing is not requked pursuant to

section 12(2)(

a) or to

section 12(2)(

b) after receipt of a notice pursuant to subsection 12(1), shall accept or amend and accept the envkonmental assessment Notice of amcDdxnent and acceptance of environmexital

(2) The Minister shaU give notice of the acceptance or the amendment and acceptance of the environmental assessment pursuant to subsection (1) to the proponent, and in such manner as the Mmister considers suitable, to any person who has made a written submission to the Minister pursuant to

section 7(2), and where the assessment is amended a copy of the assessment as amended and accepted together with written reasons therefor, to the proponent.

Minister may order research, etc., and reports 11(1) Where, before acceptmg an envkonmental assessment, the Minister is of the opinion that the envkonmental assessment as submitted does not comply with this Act or the regulations, is inconclusive or is otherwise unsatisfactory to enable a decision to be made as to whether approval to proceed widi the undertaking widi respect to which the envkonmental assessment is submitted should or should not be given or should be given subject to terms and conditions, the Minister shall give notice to the proponent that he proposes, by order, to requke the proponent to carry out such research, investigations, studies and monitoring programs related to the undertaking in respect of which the envkonmental assessment is submitted as are mentioned in the notice, togedier with written reasons therefor.

Written submissions

(2) The Minister, after considering any written submission of the proponent made within 15 days of the giving of the notice or within such longer period as may be stated in the notice, may by order requke die proponent to carry out such research, investigations, studies and monitoring programs related to the undertaking in respect of which the envkonmental assessment is submitted and to submit such reports thereon as the Minister considers necessary. Notice of order

(3) The Minister shall, in such manner as the Minister considers suitable, give notice of die order to any person who has made a written submission to the Minister pursuant to

section 7(2). Reports to be iiicoq>aratcd in environmental assessment

(4) Upon submission of die reports to the Minister they shaU be incorporated as part of the envkonmental assessment and the review thereof that the Minister caused to be prepared may be revised accordingly.

Hearing Idem Parties 12(1) A notice that the Minister proposes to amend an envkonmental assessment shall state diat the proponent or any person who has made a written submission to the Minister pursuant to

section 7(2) may, by written notice delivered to die Minister widiin 15 days after die givmg of the notice of proposal to amend, request a hearing by die Board and die proponent or die person may so requke such a hearing.

(2) The Board, (

a) may, where considers it advisable; or (

b) shaU, upon receipt of a notice requiring a hearing pursuant to subsection (1) or pursuant to subsection 7(2), unless in its absolute discretion it considers that die requkement is frivolous or vexatious or that a hearing is unnecessary or may cause undue delay. hold a hearing with respect to, (

c) the acceptance or amendment and acceptance of the envkonmental assessment; (

d) whether approval to proceed with the undertaking in respect of which the environmental assessment was prepared should or should not be given; and (

e) whether the approval mentioned in clause (

d) should be given subject to terms and conditions and, if so, the provisions of such terms and conditions.

(3) Upon receipt from the Minister of a notice pursuant to subsection (2),

section 13 or

section 24(l)(c), the Board shaU appoint a time for the hearing, shaU give reasonable notice thereof to the proponent and to the Minister and in such manner as the Minister may dkect, notice to the public, to any person who has made a written submission to die Minister pursuant to

section 7(2) and to such other persons as the Minister considers necessary or advisable, and such odier notice as die Board considers proper, and shaU hold the hearing and decide die matters referred to it in the notice of the Minister.

(4) The parties to any proceedmgs before the Board in respect of the undertaking are.

(

a) the proponent; (

b) any person, odier than the Minister, who has required the hearing; and (

c) such other persons as, (

i) die Board, in its opinion, specifies have an interest in the proceedings, and (

U) the Board, having regard to

section 20 and the other purposes of this Act, may specify. Other hearings J3 y^fiQjQ Q^ euvkonmcntal assessment has been accepted or amended and accepted, and no hearing has been held pursuant to

section 12, the proponent or a person who has made a written submission pursuant to

section 7(2) may, by written notice delivered to the Minister within 15 days after the giving of the notice mentioned in

section 9 or the notice mentioned in

section 10(2), request a hearing by the Board with respect to, (

a) whether approval to proceed with the undertaking in respect of which the envkonmental assessment was submitted should or should not be given; and (

b) whether the approval mentioned in clause (

a) should be given subject to terms and conditions and, if so, the provisions of such terms and conditions, and the Minister, shall transmit the request to the Board, and the Board (

c) may, where it considers it advisable; or (

d) shaU, upon receipt of any such notice requiring a hearing, unless in its absolute discretion it considers that the requkement is frivolous or vexatious or that a hearing is unnecessary or may cause undue delay, hold a hearing. Approval to J4 /j% ^hcrc tiic Mluistcr has accepted an envkonmental proceed ^ ' ^ assessment of an undertaking, the Minister may, with die approval of the Lieutenant Govemor in CouncU or of such Ministers of the Crown as the Lieutenant Govemor in CouncU may designate. 10

(

a) give approval to proceed with die undertaking; (

b) give approval to proceed widi die undertaking subject to such terms and conditions as the Minister considers necessary to carry out the purpose of this Act and in particular requiring or specifying, (

i) the methods and phasing of die carrying out of the undertaking, (

U) the works or actions to prevent, mitigate or remedy effects of the undertaking on the envkonment, (Ui) such research, investigations, studies and monitoring programs related to the undertaking, and reports thereof, as he considers necessary, (iv) such changes in the undertaking as he considers necessary, (

v) that the proponent enter into one or more agreements related to the undertaking with any person with respect to such matters as the Minister considers necessary. (vi) that the proponent comply with all or any of the provisions of the envkonmental assessment as accepted by the Minister that may be incorporated by reference in the approval. (vU) the period of time during which the undertaking, or any part thereof, shall be commenced or carried out; or (

c) refuse to give approval to proceed with the undertaking. ^de'r^dt flie ^^^ ^" determuiing whether to give approval, give approval subject Minister to teotts aud conditious or refuse to give approval to proceed with an undertaking in accordance with subsection (1), the Minister shaU consider, (

a) the purpose of the Act; (

b) the envkonmental assessment of the undertaking as accepted by the Minister; 11

(

c) the submissions, if any, made to die Minister with respect to the envkonmental assessment. Notice of approval

(3) The Minister shall give notice, together widi written reasons therefor, of his approval, approval subject to terms and conditions or refusal to give approval to proceed with the undertaking to the proponent, and in such manner as the Minister considers suitable, to any person who has made a written submission to the Minister pursuant to

section 7(2)and to such odier persons as the Minister considers necessary or advisable. Proceedings under other Acts 15 An approval by the Minister pursuant to diis Act to proceed with an undertaking does not preclude any proceeding in relation to a conkavention of the Clean Air Act or the Clean Water Act. Effect of approval 16(1) No person shall proceed with an undertaking contrary to any term or condition imposed by the Minister in giving approval to proceed with the undertaking. Where proponent proposes to change undertaldng

(2) No person shall give, make, issue, interpret or apply any licence, permit, approval, permission, consent, loan, guarantee of repayment of a loan, grant or subsidy that is requked in order to proceed with an undertaking conttary to any term or condition imposed by the Minister in giving approval to proceed widi the undertaking. 17 Where a proponent of an undertaking proposes to make a change in the undertaking, (

a) before the Minister has given approval to proceed widi the undertaking, that does not conform to the envkonmental assessment of the undertaking as accepted by the Minister; or (

b) after the Minister has given approval to proceed widi the undertaking, that does not conform to any term or conditions imposed upon the approval to proceed with the undertaking, this Act applies to the proposal to make the change in the undertaking as though the proposed change were itself an undertaking to which this Act applies. 12

PART in ENVIRONMENTAL ASSESSMENT BOARD Composition of Board Chairman and vice-chairman 18(1) The Envkonmental Assessment Board is hereby established and shaU be composed of 12 members who shaU be appointed by the Lieutenant Govemor in Council and chosen from persons who are experts in the law, science, administration and business of the environment, and who are not employed in the public service of Alberta in the employ of any department.

(2) The Lieutenant Govemor m Council shall designate a chairman and one or more vice-chairmen from among the members. Confirmation of appointments

(3) The appointments under subsection (1) and (2) must be confirmed by resolution of the Legislative Assembly. Acting chairman

(4) In the case of the absence or inability to act of the chakman or of there being a vacancy m the office of the chairman, a vice-chairman shall act as and have all the powers of the chairman and, in the absence of the chakman and the vice-chairmen from any meeting of the Board, the members of the Board present shaU appoint an acting chairman who shall act as and have all the powers of the chakman during the meeting. Term of members Term of chairman Vacancies Quoram Employees

(5) The first members of the Board, other dian die chakman, shaU be appomted for a term of 1, 2, or 3 years so that as nearly as possible, 1/3 of die members, odier than the chakman, shaU retke each year.

(6) The chairman of the Board shaU be appointed to hold office during pleasure.

(7) Every vacancy on die Board caused by die death, resignation or incapacity of a member may be fiUed by die appointment by die Lieutenant Govemor in Council of a person to hold office for the remainder of die term of such member.

(8) Five members of the Board constitute a quomm.

(9) Such employees as are necessary to carry out die duties of die Board shaU be appointed under the Public Service Act. 13

Expert assistance

(10) The board may appomt from time to time one or more persons having technical or special knowledge of any matter to inquke into and report to the Board and to assist the Board in any capacity in respect of any matter before it.

(11) The members of the Board shall be paid such remuneration and expenses as are determined by the Lieutenant Govemor in CouncU. Exercise of power

(12) The powers of the Board shall be exercised by resolution and the Board may pass resolutions goveming the calling of and the proceedings at meetings and specifying the powers and duties of employees of die Board and generally deaUng widi die carrying out of its function. Practice and 1. rocedure

(13) The Board may determine its own practice and procedure in relation to hearings and may, subject to the approval of the Lieutenant Govemor in Council, make mles goveming such practice and procedure and the exercise of its powers in relation thereto and prescribe such forms as are considered advisable. Conduct of hearings by less than quorum

(14) The chairman may, in writing, authorize less than a quorum of the Board to conduct a hearing and the member or members conducting the hearing shaU have all the powers of the Board for the purposes of the hearing. Only members at hearing to participate in decision Board may appoint class representative

(15) No member of the Board shall participate in a decision of the Board pursuant to a hearing unless he was present throughout the hearing and heard die evidence and argument of the parties and, except widi the consent of the parties, no decision of the Board shaU be given unless aU members so present participate in die decision.

(16) For die purpose of proceedings before die Board, the Board may appoint from among a class of parties to the proceedings having, m the opinion of the Board, a common interest, a person to represent diat class in proceedings, but any other member of the class for which such appointinent was made may, with the consent of the Board, take

part in the proceedings notwidistanding the appointment. 14

Minister entitled to take

part in proceedings Giving of decision

(17) The Minister is entided, by counsel or otherwise, to take

part in proceedings before the Board.

(18) The Board shaU give a copy of its decision together widi written reasons therefor to the Minister, to the parties, or where an appointment has been made pursuant to subsection (16), to the appointee on behalf of the class, and to such other persons as have made written submissions pursuant to

section 7(2) and to the clerk of each municipality in which the undertaking is being or will be carried out. When decision is effective

(19) No decision of the Board is effective until it becomes final pursuant to

section 23. Decisions, etc., of Board not subject to review

(20) No decision, order, direction, resolution or ruling of the Board shall be questioned or reviewed in any court and no proceeding shall be taken in any court by way of injunction, declaratory judgment, certiorari, mandamus, prohibition, application for judicial review, quo warranto, or otherwise to question, review, prohibit or resttain the Board or any of its decisions or orders. Appeal to Executive Council

(21) Any decision or order of the Board may be appealed within 15 days, by notice to the Minister in writing, to the Executive CouncU who may confirm, amend or annul the decision or order and shaU give its reasons in writing to the appellant for its determination. Limitation of financial provisions

(22) The financial provisions of this

section are contingent upon money being appropriated to the purpose by the Legislature.

Hearings to be public; exceptions 19(1) A hearing conducted by the Board or a member of members of the Board shall be held only after notice is pubUshed as provided in the regulations and specifying die date, time and place thereof and shall be open to the pubUc except where the Board or the member or members of the Board conducting die hearing is or are of the opinion that matters may be disclosed at the hearing diat are of such a nature, having regard to the ckcumstances, that the deskabiUty of avoiding disclosure thereof in the interest of any person affected or in the public interest outweighs the deskabiUty of adhering to the principle that hearings be open to die public, in which case, the Board or the member or members of the Board conducting the hearing may hold the hearing conceming any such matters in camera. 15

(2) The Board shaU provide for public intervenors to participate in any hearing at which it believes it would be in the public mterest to do so and may pay the fees and expenses of the public intervener and such assistance as he may reasonably require, subject to the regulations, providing money has been appropriated to the purpose by the Legislature.

(3) The Board may permit any person that it recognizes has a legitimate or public interest in the matter to participate in the hearing and may, if it considers it in the public interest, pay all or a part of the fees, expenses or other costs of any person except the proponent, participating in the hearing.

(4) The Board shall consider the cost and benefit of a project compared with the cost and benefit of altemate projects. Effect of decision of Board 20 Any decision of the Board that is not appealed to the Executive CouncU under

section 18(21) or, having been the subject of such an appeal, that becomes final pursuant to

section 23 shaU be deemed to be the decision of the Minister or of the Minister with the approval requked by

section 14. Testimony by member, employee or appointee of board 21 No Member, employee or appointee of the Board shall be required to give testimony in any proceeding with regard to information obtained by him in the discharge of his duties as a member, employee or appointee of the Board. Inspection of premises 22 For the purposes relevant to the subject-matter of a hearing, the Board, its employees and appointees may enter and inspect any land or premises other than a dwelling at any reasonable time. Variation or rescission of decisions 23(1) Within 28 days after receipt by the Minister of a decision of the Board on any matter referred to it by notice of the Minister pursuant to

section 12(2) or

section 13 or made pursuant to clause (c), or within such longer period as may be determined by the Minister within such 28 day period, the Minister, with the approval of the Lieutenant Govemor in Council or such ministers of the Crown as the Lieutenant Govemor in CouncU may designate, may. (

a) vary the whole or any part of the decision; (

b) substitute for the decision of the Board, such decision as he considers appropriate; or 16

(

c) by notice to the Board require the Board to hold a new hearing of the whole or any part of the matter referred to the Board by the notice of the Minister and reconsider its decision.

(2) Subject to subsection (3), a decision of the Board is final after the expkation of die period or periods mentioned in subsection (1) unless, pursuant to subsection (1), the decision is varied or a decision is substituted for the decision of die Board or a new hearing is requked.

(3) A decision of the Board diat has been varied pursuant to subsection (l)(

a) or a decision diat has been substituted for the decision of the Board pursuant to subsection (l)(b), is final.

(4) The Minister shall give notice, together with written reasons therefor, of any variation, substitution or requirement of a new hearing pursuant to subsection (1), to every person entitled to receive a copy of the decision of the Board pursuant to

section 18(17). Annual report 24(1) The Board shall submit a report on its transactions for every year to the Minister, who shall table it in the Legislative Assembly forthwitii if it is then sitting and, if not, within 15 days of the commencement of the next sitting. Submission of Board decision Review of Board decision

(2) The Board shaU submit its decision and the reasons therefor on every project referred to it, to the Minister who shall table it in the Legislative Assembly forthwith if it is then sitting and, if not, widiin 15 days of the commencement of die next sitting.

(3) If any 5 Members of the Legislative Assembly so propose in writing, to the Minister, the Minister shall move a motion in the Assembly that a decision of the Board be referred to the Executive CouncU for review, and it may confirm, annul or amend the Board's decision. Tabling of review

(4) The Minister shall table the results of any review by die Executive Council in the Legislative Assembly and if the Executive CouncU has determined that die decision of die Board be annulled or amended, shaU propose a motion to die Assembly that die review of the Executive CouncU be confirmed. 17

Effective date of review

(5) A review of a Board decision by die Executive CouncU is effective. (

a) if a confkmation, upon tabling in the Legislative Assembly or, if the Assembly is not then sitting, upon sending a copy thereof to die Clerk of die Legislative Assembly and to every Member, and (

b) if an annulment or amendment, upon passage of a resolution by the Assembly confirming it.

PART IV PROVINCIAL OFFICERS Designation of provincial officers 25(1) The Minister may designate in writing one or more employees of the Departinent or odier persons as provincial officers for the purposes of any

section of Part of this Act or any regulation or

section of any regulation made under this Act that is referred to in the designation and in a designation may Umit the authority of a provincial officer in such manner as the Minister considers necessary or advisable. Certificate of designation

(2) The Mmister shaU issue to every provincial officer a certificate of his designation and every provincial officer, in the execution of his duties under this Act and die regulations, shall produce his certificate of designation upon request. Powers of provincial officer Order authorizing

(3) Where a provincial officer has reasonable grounds for believing that it is necessary, for the purpose of the administration of diis Act and the regulations, he may, upon production of his certificate of designation, enter at any reasonable time any building, other than a dwelling, or any stmcture, machine, vehicle, land, water or ak and make or requke to be made such surveys, examinations, investigations, tests and inquiries, as he considers necessary for such purpose, including examinations of books, records and documents and may make, take and remove or may requke to be made, taken or removed samples, copies or exttacts.

(4) Where a justice of the peace is satisfied, upon an ex parte application by a provmcial officer, that diere is reasonable ground for believing that k is necessary to enter any building, including a 18

dwelling, structure, machine, vehicle, land, water or air for the administration of this Act or die regulations, the justice of the peace may issue an order audiorizing a provincial officer to enter therein or diereon and to make or require to be made such surveys, examinations, investigations, tests and inquiries and to take the other actions mentioned in subsection (1) but every such entry, survey, examination, investigation, test, inquiry and other such action shaU be made or taken between sunrise and sunset unless the justice of the peace audiorizes the provincial officer, by the order, to so act at another time. °r^^^°officer ^^ ^^ pcrsou shall hinder or obstinct a provincial officer in the lawful performance of his duties or knowingly fumish a provincial officer with false information or refuse to fumish him with information requked for the purposes of this Act and regulations.

Matters confidential 27(1) Every provincial officer shall preserve secrecy in respect of aU matters that come to his knowledge in the course of any survey, examination, test or inquiry under this Act or die regulations and shaU not communicate any such matter to any person except, (

a) as may be required in connection with the administration of this Act and the regulations or any proceedings under this Act or the regulations; (

b) to his counsel; or (

c) with the consent of the person to whom the information relates.

(2) Except in a proceeding under this Act or die regulations, no provincial officer shaU be requked to give testimony in any civil suit or proceeding with regard to information obtained by him in the course of any survey, examination, test or inquiry under this Act or the regulations. PARTV ADMINISTRATION Application to Divisional Court 28 The Minister, in addition to any other remedy and to any 19

penalty imposed by law, may apply to die Divisional Court for an order, (

a) enjoining any act to proceed with an undertaking conti-ary to this Act; or (

b) invaUdating any licence, permit, approval, permission or consent, issued or granted contrary to

section 6(1), and die court may make the order on such terms and conditions as the court considers proper. Exemption 29 Where the Minister is of the opinion that it is in the public interest, having regard to die purpose of this Act and weighing the same against the injury, damage or interference that might be caused to any person or property by the application of this Act to any undertaking, the Minister, with the approval of the Lieutenant Govemor in Council or of such Ministers of die Crown as the Lieutenant Govemor in Council may designate, may by order, (

a) exempt the undertaking or the proponent of the undertaking from the appUcation of this Act or die regulations or any matter or matters provided for in this Act or the regulations subject to such terms and conditions as die Minister may impose; (

b) suspend or revoke an exemption referred to in clause (a); (

c) alter or revoke any term or condition of an exemption referred to in clause (a).

Disclosure ^Q Notwithstauding any other provision of this Act, where the Minister is of the opinion that compliance with any provision of diis Act is causing, will cause or will likely cause the disclosure of matters diat are of such a nature that the deskabiUty of avoiding disclosure thereof in the interest of any person affected or in the public interest outweighs the deskabiUty of disclosing such matters to die public, the Minister may make such order for the protection of such person or the pubUc interest as he considers necessary or advisable.

Record jj^j^ -j^g Mluistcr shall cause to be maintained a record of every undertaking in respect of which an environmental assessment has been submitted under this Act that, subject to any order of the 20

Minister pursuant to

section 30, shall consist of the environmental assessment, the review of the environmental assessment that the Minster caused to be prepared, any written submissions, any decision of the Board or the Minister together with written reasons therefor, if any, made under this Act, any notice under

section 9,

section 10(2),

section 14(3),

section 23(4) and

section 38 and any order of the Minister pursuant to diis Act together with the written reasons, if any, therefor. Inspection

(2) The Minister shall, upon the request of any person, make avaUable for the inspection of such person any record referred to in subsection (1) including any document forming part of the record as soon as practicable after issuance or receipt of the document. Powers and duties of Minister 32 The Minister, for the purposes of the administration and enforcement of this Act and the regulations may. (

a) conduct research with respect to die envkonment or environmental assessments; (

b) conduct studies of the quality of the environment; (

c) conduct studies of environmental planning or envkonmental assessments designed to lead to the wise use of the envkonment by man; (

d) convene conferences and conduct seminars and educational and training programs with respect to the envkonment or envkonmental assessments; (

e) gather, publish and disseminate information widi respect to the environment or envkonmental assessments; (

f) make grants and loans for research or the ti-aining of persons widi respect to the envkonment or envkonmental assessments in such amounts and upon such terms and conditions as the Minister, subject to the approval of the Lieutenant Govemor in Council, may determine; (

g) appoint committees to perform such advisory functions as die Minister considers advisable; (

h) make such investigations, surveys, examinations, tests and other arrangements as he considers necessary; and 21

Protection from personal liability (

i) with the approval of the Lieutenant Govemor in Council, enter into an agreement with any govemment or person widi respect to the environment or envkonmental assessments. 33(1) Except in the case of an appUcation for judicial review or an action or proceeding that is specifically provided for with respect to a person referred to in this subsection in any Act or in a regulation under this or any other Act, no action or other proceeding for damages or otherwise lies or shall be instituted against an employee of the Department, a member of the Board or a Crown employee widiin the meaning of the Public Service Act who is a provincial officer or is acting under the direction of an employee of the Department, or such member or provincial officer, for any act done in good faith in the execution or intended execution of any duty or authority under this Act or for any alleged neglect or default in the execution in good faith of any such duty or authority.

Crown not relieved of liability (2) Subsection (1) does not, by reason of the Proceedings Against the Crown Act, relieve the Crown of Uability in respect of a tort committed by an agent or servant of the Crown to which it would odierwise be subject and the Crown is liable under that Act for any such tort in a Uke manner as if subsection (1) had not been enacted.

Hearings under other Acts 34 Where a proponent is required under this Act not to proceed with an undertaking until an environmental assessment of the undertaking has been accepted by the Minister and a public hearing is requked or permitted under die Clean Air Act or the Clean Water Act with respect to the undertaking, the Minister shaU order. (

a) that the pubUc hearing under the Clean Air Act or the Clean Water Act may be proceeded with and diat this Act or the regulations or any matter or matters provided for in this Act or the regulations that is specified in the order does not apply to the undertaking or proponent; or (

b) that this Act applies to the undertaking and proponent and the public hearing under the Clean Air Act or the Clean Water Act shall be deemed not to be required or permitted. False information 35 No person shall knowingly give false information in any application, retum or statement made to the Minister, the Board, an employee or appointee of the Board, a provincial officer or any employee of the Department in respect of any matter under diis Act or die regulations. 22

Certificates, etc., as evidence Notice to clerk of municipality Idem Public notice 36 In any prosecution, proceeding or hearing under this Act or the regulations, die production of, (

a) a certificate or report of an analyst in die employ of the Crown in right of Alberta designated by die Minister as to the analysis, ingredients, quality, quantity or temperature of any material, whether soUd, liquid or gas or any combination of them; or (

b) any document under this Act purporting to be signed by the Minister or by or for the Board, or any certified copy thereof, is prima facie proof of die facts stated dierein and of die authority of the person making the document without any proof of appointment or signature. 37(1) Any notice, order, approval or other document under this Act or the regulations is sufficientiy given or served if delivered personally or sent by registered mail addressed to the person to whom delivery or service is to be made at the latest address appearing on the records of die Department.

(2) A notice, (

a) given by the Minister pursuant to

section 9,

section 10 or

section 14(3); (

b) given by the Board pursuant to

section 12(3); or (

c) of the order of the Mmister pursuant to

section 11, shaU be given to the clerk of each municipality in which the undertaking is being or wUl be carried out.

(3) Where notice is given or service is made by registered mail, the giving or service shall be deemed to be made on the seventh day after the day of mailing unless the person to whom notice is given or on whom service is being made establishes diat he did not, acting in good faidi, through absence, accident, iUness or other cause beyond his conttol receive the notice, order, approval or other document until a later date.

(4) Where the Minister or the Board is of the opinion that because 23

die persons who are to be given any notice or document under diis Act are so numerous, or for any other reason it is impracticable to give the notice or document to aU or any of the persons individually, the Minister or the Board, as the case may be, may instead of doing so, cause the notice or reasonable notice of die contents of the document to be given to die persons by public advertisement or otherwise as the Minister or the Board may dkect, and the date on which such notice or reasonable notice of the contents of tiie document is fkst published or otherwise given as dkected, shall be deemed to be the date on which the notice or document is given. Inspection of documents

(5) The making available by the Minister of a copy or reproduction made by any means of a document is compliance with die provisions of this Act authorizing the inspection of the document. Destruction of certain documents

(6) Notwithstanding any provision of this Act, a document may be desttoyed by or under the audiority of the Minister when it has been completely recorded or copied and the recording or copy is retained for the purpose of inspection under this section.

Where notice to be given to Minister 38 Where a proponent of an undertaking in respect of which an envkonmental assessment has been accepted by the Minister and for which approval to proceed has been given by the Minster receives notice of any fact, situation, event, order, proceeding or application the result of which or compUance with which has affected, affects or may affect the ability of the proponent to proceed witii the undertaking in accordance with any term or condition to which the approval of the Minister to proceed with the undertaking is subject, the proponent shall forthwith give notice thereof to die Minister.

Offence 3^ Evcry pcrsou, whether as principal or agent, or an employee of the proponent, who conttavenes any provision of this Act or the regulations or faUs to comply with an order or a term or condition of an approval issued or given under this Act is guilty of an offence and on conviction is liable on a first conviction to a fine of not more than $5000 and on a subsequent conviction to a fine of not more than $10 000 for every day or part thereof upon which die offence occurs or continues. PARTVI REGULATIONS Regulations 4Q -pj^^ Licutcnant Govemor in CouncU may make regulations. 24

Qassof undertakings (

a) defining any enterprise or activity as a major commercial or business enterprise or activity; (

b) defining enterprises or activities as classes of major commercial or business enterprises or activities; (

c) defining any body other than a municipaUty as a public body; (

d) designating any major commercial or business enterprise or activity or class of major commercial or business enterprises or activities as an undertaking or class of undertakings to which this Act applies. (

e) designating any proposal, plan or program or any class of proposals, plans or programs in respect of any major commercial or business enterprise or activity or any class of major commercial or busmess enterprises or activities as an undertaking or class of undertakings to which this Act applies; (

f) exemptmg any person, class of persons, undertaking or class of undertakings from the provisions of this Act, the regulations or any

section or part of a

section diereof and designating any enterprise or activity or class of enterprises or activities or any proposal, plan or program or any class of proposals, plans or programs in respect of any of them by or on behalf of Her Majesty in right of Alberta, by a public body or public bodies or by a municipaUty or municipalities as an undertaking or class of undertakings to which this Act applies notwithstanding any exemption under this clause; (

g) prescribmg additional information diat shaU be contained in envkonmental assessments submitted to the Minister; (

h) prescribmg forms for the purposes of diis Act and providing for thek use. 41 A class of undertakings under this Act or die regulations may be defined widi respect to any attribute, quality or characteristic or combination thereof and may be defined to mclude any number of undertakings under one ownership or more than one ownership and whether or not of die same type or widi die same atttibutes, 25

Scope of regulations qualities or characteristics. 42 Any regulation may be general or particular in its appUcation, may be limited as to time or place or both and may exclude any place from the application of die regulation. Adoption of codes in regulations 43 Any regulation may adopt by reference, in whole or in part, with such changes as the Lieutenant govemor in Council considers necessary, any code, formula, standard or procedure, and may requke compliance with any code, standard or procedure so adopted. Application of regulations 44(1) A regulation is not effective with respect to an enterprise or activity that is commenced before the regulation comes into force.

(2) Notwithstandmg subsection (1), a regulation is effective widi respect to, (

a) any major commercial or business enterprise or activity that is commenced after the coming into force of this Act and that is being carried on or is not completed when the regulation comes into force; (

b) a significant change made in any major commercial or business enterprise or activity after the coming into force of this Act and that is being carried on or is not completed before the regulation comes into force; or (

c) any proposal, plan or program in respect of any major commercial or business enterprise or activity or any class of major commercial or business enterprises or activities proposed or made before the coming into force of the regulation whether the proposal, plan or program is proposed or made before or after the coming into force of this Act.

(3) Notwithstanding subsection (1), a regulation made under

section 40(

f) is effective whether the enterprise or activity, or class of enterprises or activities, or proposal, plan or program or class of proposals, plans or programs in respect of any of diem is commenced, carried on, made or proposed before or after die comkig into force of this Act 26

R.SA 1983 c. 45^ j^ -j^g Surface Rights Act is amended by this section.

(2) Section 26 is amended (

a) in subsections (1), (8) and (10) by stiiking "Court of Queen's Bench" and substituting "Envkonmental Assessment Board", (

b) in subsection (3)(

a) by striking out "in the office of the clerk of die Court in the judicial distiict in which the land is situated", and substituting "with die Environmental Assessment Board", (

c) in subsection (3)(

b) by striking out "Board" and substituting "Surface Rights Board", (

d) in subsection (4) by striking out "clerk of the Court" and substituting "Envkonmental Assessment Board", (

e) in subsection (5) by striking out "clerk of the Court" and substituting "Environmental Assessment Board", and in clause (

a) by striking out "Court" and substituting "Environmental Assessment Board", and (

f) in subsections (6) and (7) by striking out "Court" and substituting "Envkonmental Assessment Board", (

g) in subsections (8) and (10) by striking out "Court of Queen's Bench" and substituting "Envkonmental Assessment Board". R.S.A. 1980 c. 46(1) The Water Resources Act is amended by this section.

(2) Section 43 is amended (

a) in subsection (5) by striking out "a judge of die Court of Queen's Bench" and substituting "the Envkonmental Assessment Board", and (

b) by repealing subsections (6), (7) and (8) and substituting (6) die Envkonmental Assessment Board may affkm, reverse or amend the suspension or cancellation of the licence and may attach conditions to its determination. 27

R.S.A. 1980 c. C-12 (7) die decision of the Board under subsection (6) may be fUed in the Court of Queen's Bench and thereupon may be enforced as if it were an order of the Court. 41(1) The Clean Air Act is amended by this section.

(2) Section 14 is amended in subsections (8), (9) and (10) by striking out "Environment Council of Alberta" and substituting "Environmental Assessment Board". R.SA. 1980 c. 48(1) The Clean Water Act is amended by this section.

(2) Section 15 is amended in subsections (8), (9) and (10) by striking out "Environment Council of Alberta" and substituting "Environmental Assessment Board". Coming into 49 jj^j^ ^^j comcs iuto forcc on Proclamation. force 28 Title: 1989 (22nd, 1st) Bill 206, Environmental Assessment Act

Document details

Collection	Alberta — Bills
Citation	L22 S1 2855
Type	bill
Volume / chapter	L22 S1 2855
Language	en
Format	json
Source	PROVINCIAL
Identifier	9d138b180c1c665a4706a6e98210ffeb130e37eb

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