Third

Session, 45th General Assembly

Elizabeth II, 2006

BILL 16

AN ACT TO AMEND THE

ENVIRONMENTAL PROTECTION ACT

Received and Read the First Time ...................................................................................................

Second Reading .................................................................................................................................

Committee ............................................................................................................................................

Third Reading .....................................................................................................................................

Royal Assent ......................................................................................................................................

HONOURABLE

CLYDE JACKMAN

Minister

of Environment and Conservation

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

Clause 1 of the Bill would amend the Environmental Protection Act to extend

authority for an official of the Department of Environment and Conservation or

the Department of Government Services to issue, vary, amend or revoke approvals

under the Act.

Clauses 2 and 3 of the Bill would amend

the Act to clarify the process for requesting a formal investigation where a

person has a reasonable belief that the Act has been or is being contravened.

In clause 4 of the Bill, signing authority

for orders would be extended to officials of the Department of Government Services

where the minister delegates that authority.

This clause would also confirm orders made in this manner prior to the

coming into force of this Act.

Clause 5 of the Bill would clarify

that orders remain in effect during an appeal until a decision is made with

respect to the appeal.

A BILL

AN ACT TO AMEND THE ENVIRONMENTAL

PROTECTION ACT

Analysis

S.78 Amdt.

Approvals

2. S.91 R&S

Formal request for investigation

S.92 Amdt.

Process on investigation request

4. S.99 Amdt.

Order

S.101 Amdt.

Effects of order

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

SNL2002 cE-14.2

as amended

Section 78 of the Environmental Protection Act is amended by adding immediately after

subsection (3) the following:

(4) The minister may authorize an official,

officer or employee of the department or the Department of Government Services

to issue, vary, amend or revoke approvals under this Part.

Section 91 of the Act is repealed and the

following substituted:

Formal request

for investigation

(1) A

person may, at any reasonable time, report a concern regarding the enforcement

of this Act to the department, and the department may take the action with

respect to that report considered necessary in the circumstances.

(2) Notwithstanding subsection (1) and sections

94, 95 and 96, where a person has a reasonable belief that a person has

contravened or is contravening this Act and the regulations, that person may

request that the department investigate the alleged contravention.

(3) A request made under subsection (2) shall be

accompanied by an affidavit of the person making the request made under oath or

affirmation

(

a) stating the name and address of the person

making the request;

(

b) stating the nature of the alleged

contravention and the name of each person alleged to be involved in it; and

(

c) containing a concise statement of the evidence

supporting the allegations.

(4) A person who intentionally provides false information

under subsection (2) or (3) is guilty of an offence.

3. (1) Subsections 92(1) and (2) of the Act

are repealed and the following substituted:

Process on investigation

request

(1) Where

the minister receives 2 or more requests to investigate the same matter under

section 91, the minister shall investigate the matter to determine the facts of

the alleged contravention.

(2) Not more than 90 days after the receipt of the

second request required under subsection (1), the minister shall report to the

persons who made the request on the progress of the investigation and action

proposed to be taken in respect of the alleged contravention.

(2) Section 92 of the Act is amended by adding

immediately after subsection (4) the following:

(5) Nothing in this

section prohibits or constrains

the powers of inspectors or other persons to carry out investigations under sections

94, 95, or 96.

4. (1) Subsection 99(5) of the Act is

repealed and the following substituted:

(5) The minister may authorize an official,

officer or employee of the department or the Department of Government Services

to issue, amend, vary, revoke and give reasons for an order under this section.

(2) Section 99 of the Act is amended by adding

immediately after subsection (5) the following:

(6) Where, before the coming into force of

subsection (5), the minister delegated authority to an official, officer or

employee of the Department of Government Services to make an order under this

section, that order is valid as if it had been made after the coming into force

of subsection (5).

Section 101 of the Act is amended by adding

immediately after subsection (2) the following:

(2.1) An order made under this Part remains in

effect during an appeal by the person who is subject to the order until a

decision is made with respect to that appeal.

Earl G. Tucker, Queen's Printer