Bill 293 — Second Session, 22Nd Legislature, 39 Euzabeth Ii the Legislative Assembly of Alberta Bill 293 Environmental Bill of Rights (Legislature 22, Session 2)

L22 S2 2809

Alberta — Bills

1990 BILL 293 Second Session, 22nd Legislature, 39 EUzabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 293 ENVIRONMENTAL BILL OF RIGHTS MR. MITCHELL First Reading Second Reading Committee of the Whole Third Reading Royal Assent *.

Bill 293 Mr. Mitchell BILL 293 1990 ENVIRONMENTAL BILL OF RIGHTS (Assented to , 1990)

WHEREAS a healthy and sustainable environment is the basis of the health and weU-being of the people of Alberta; AND

WHEREAS the environment of Alberta is under stress from contamination and degradation; AND

WHEREAS the people of Alberta face substantial obstacles to their abiUty to participate in environmental decision-making and to protect their common interest in a healthy and sustainable environment; AND

WHEREAS k is deskable to remove these obstacles and ensure the unportant role of the people of Alberta and thek Government in securing a healthy envkonment for present and futiu-e generations; AND

WHEREAS it is deskable to conserve and mamtam the resources of the Provmce for the benefit of present and future generations; THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta enacts as foUows:

PARTI

INTERPRETATION AND PURPOSE

Definitions J JQ ^J^ ^Ct, (a) "Board" means the Environmental Assessment Board estabUshed under thc Environmental Assessment Act; (b) "contaminant" meems any soUd, Uquid, gas, odour, heat, sound, vibration, radiation or combination of any of them residting dkectiy or indkectly from the activities of people which may, (

i) impak the quaUty of the envkonment or the public trust therein for any use that can be made of U, (

U) cause injury or damage to property or to plant or animal life, (iu) cause harm or material discomfort to any person, (iv) adversely affect the health or impak the safety of any person, (

v) render any property or plant or anknal life unfit for use by people, (vi) cause loss of enjoyment of normal use of property, or (vii) interfere with the normal conduct of business, and "contaminate" and "contamination" have corresponding meanings; (c) "Court" means the Court of Queen's Bench; (d) "degradation" means any destruction or significant decrease m the quaUty of the envkonment or the pubUc trust therein other than a change resulting from contamination and "degrade" has a corresponding meaning; (e) "environment" means, (

i) air, land or water, (

U) plant and animal Ufe, including people.

(Ui) the social, economic and cultiu-al conditions that influence the life of people or a community, (iv) any buUding, structure, machine or other device or thing made by people, (

v) any soUd, Uquid, gas, odoiur, heat, sound, vibration or radiation resulting dkectiy or indkectly from the activities of people, or (vi) any part or combination of the foregoing and the inter-relationships between any two or more of them, in or of Alberta; (f) "Minister" means the Minister of the Environment; (g) "person" includes a corporation, association, partnership, a municipaUty and the Crown; (h) "pubUc trust" means the coUective interest of residents of the Provmce of Alberta in the quaUty of the envkonment and the protection thereof and the herkage therem for future generations; (i) "regiUation" means a regulation made under

an Act Usted in the

Schedule to this Act. punx« 2 The purpose of this Act is to ensure the health and sustamabiUty of the envkonment of Alberta and, m particular, (

a) to facUitate the participation of the people of Alberta m decisions affectmg the envkonment and thek abUity to protect thek common mterest m a healthy and sustamable envkonment; (

b) to recognize the right of the people of Alberta to an envkonment that is adequate for thek health and weU-bemg and sustainable into the future; (

c) to recognize the obUgations of the Crown to conserve and mamtam the resources of the Provmce for present and fiiture generations; (

d) to ensure that the people of Alberta have a right^to^a healthy and sustamable environment, >»dud"'g d«^^ ^d water, to the conservation of the »'''>^^'^X „?ote;t on of aesthetic values of the environment, and to the protection ecosystems and biological diversity;

(

e) to provide every person with an adequate remedy to protect and conserve the envkonment and the pubUc trust therein from contamination and degradation; and (

f) to give the people of Alberta the right of access to information in the possession of the Crown relating to the envkonment and its protection. Crown duty 3 J}^Q Crown as trustee of Alberta's pubUc lands, waters and natural resources, shaU conserve and maintain them for the benefit of present and future generations.

PART 2 CROWN DUTY AND INVESTIGATIONS ta^^tionor ^0) A. person who considers that the envkonment is bemg information coutaminatcd or degraded may, in writing, spedfymg the nature of the contamination or degradation, and request that the Mmister investigate the aUeged contamination or degradation.

(2) Where the Miiuster receives a written request under subsection (1) and is satisfied that the request is made in good faith and is not frivolous, the Miiuster shaU make, or cause to be made, any investigation that he considers necessary of the aUeged contamination or degradation, its source, its effect on the envkonment and of any advisable remedial action.

(3) A refusal by the Minister to act on a written request may be appealed to the Court.

(4) The Minister shaSl provide a copy of the report of the investigation or his reasons for not making it, to the person who requested the investigation within 90 days of the date the request is received by him.

(5) A person who requkes information on the envkonment or its protection, that is in the possession of the Crown may apply to tiie Mmister for the mformation and the Minister shaU provide tiie mformation at a charge not to exceed 10 cents a page unless tiie Mmister appUes to the Court for an order that k is not m the pubUc mterest to provide the mformation or that disproportionate harm would thereby be done to a private mterest and if tiie Court grants the order the Mmister need not provide the mformation.

PART 3 RIGHT OF ACTION Right Of action; 5(1) If au activity has contammated or degraded, or is likely to setting standards coutaminatc or degrade the envkonment, any person may commence an action in the Court ageunst any person who is responsible for the activity. (2) Subsection (1) appUes without it being requked that the person commencing the action aUege or estabUsh that there has been, is or wiU be an infringement of an approval, permit, Ucence, standard, regiUation, ride or order estabUshed by or pursuant to

an Act listed in the SchediUe.

(3) In an action commenced under this section, if the activity complained of is not governed by a standard estabUshed by or pursuant to

an Act listed in the Schedule, the Court may hear evidence as to the standard, if any, that should apply to the defendant, having regard to the purposes of this Act, and the Court may order the defendant to comply with such standard as it may determine £md set the time and other conditions applying to complying with the standard.

(4) If an activity has contaminated or degraded, or is Ukely to contaminate or degrade, the envkonment, any person may apply for judicial review of the exercise or non-exercise of any power or the fulfilment or non-fulfilment of any duty conferred or knposed by any Act on the Mmister of the Envkonment or any other Mmister responsible for regulatory, fiscal or proprietary control of the activity. Citizen suit g^j^ j^^ pcFSon who has reasonable grounds to beUeve another person is m violation of any Act Usted in the

Schedule or of any approval, permit, Ucence, standard, regulation, rule or order estabUshed by or pursuant to

an Act Usted m the Schedule, may commence an action against that other person m the Court.

(2) No action under subsection (1) shaU be commenced if the responsible Mmistry is dUigently pursumg enforcement action against the potential defendemt.

(3) Damages awarded m an action commenced under this

section shaU be paid to the Crown. 7 Any person may apply for judicial review under

section 5(4) or may brmg an action to requke the Crown to carry out its

responsibUity to protect the envkonment, mcludmg an action m nuisance or an action under

section 5. Security for costs g jn (J^Q {rjai of au actiou commenced under this Act, the Court may order the posting of security for costs in an amount not ui excess of $1(XX). Onus; defences 9^^^ jf {he activity of tho defendant that is the subject matter of an action is not governed by a standeu'd estabUshed under

an Act listed in the

Schedule or under

section 5(3) and if the plamtUf has estabUshed that the activity of the defendant has contammated or degraded, or is likely to contaminate or degrade, the quaUty of the envkonment, the onus shaU be on the defendant to estabUsh that there is no feasible and prudent alternative to the activity and that such activity is in the best interests of the pubUc havmg regard to the purposes of this Act.

(2) It shaU be a defence to an action commenced under this Act that the activity of the defendant is authorized by a standard estabUshed by or pursuant to

an Act Usted in the

Schedule or by the Court unless the plaintiff can estabUsh, on a balance of probabiUties, that the activity has caused, or is Ukely to cause, severe or kreparable contamination or degradation to the envkonment.

(3) It shaU not be a defence to an action commenced under this Act that, (

a) the defendant is not the sole cause of the aUeged or potential contamination or degradation; or (

b) it cannot be estabUshed that the contaminant which the defendant discharged or deposited or permitted to be discharged or deposited was actuaUy the cause of the contamination or degradation of the environment or the public trust therein, if the effect on the envkonment is of a nature consistent with the contaminant or source of degradation being a cause.

Injunction, etc. jfl j^ ^ ^^.JJQ^ commcuccd uudcr this Act, if k has been established that the activity of the defendant has contaminated or degraded, or is Ukely to contaminate or degrade, the environment, the Court may grant either an interim or permanent mjunction, order the defendant to remedy any damage caused by the defendant's activity, award damages, impose conditions on the defendant or make such other order as the Court may consider is necessary. 11(1) The Court may, on the motion of any party or on its own

Board motiou, rcfcr any question, except the final determination of the issue, to the Board and the Court may also grant an interim mjunction or such other temporary relief as the Court considers necessary for the protection of the environment or the pubUc trust therem pending final determination of the issue.

(2) When the Board has completed its review and consideration of the question referred to it imder subsection (1), the Board shall make recommendations concerning the matter in question to the Court, and the Court shaU review the recommendations and make such order as it considers appropriate under

section 10. E^p*"' 12(1) In any action under this Act, the Court may appoint an expert, who shaU be a disinterested person and qualified as an expert in the relevant field, to investigate any matter and report to the Court or give technical and scientific testimony under oath.

(2) The Court may order that the costs of the expert be paid in such manner and by such persons as the Court considers appropriate.

PART 4 CLASS ACTIONS SSgw'"""' 13(1) In an action under this Act, the Court may by order permk one or more persons to act as representatives of a class of persons if, in the opinion of the Court, (

a) a question arises in the proceedkig that is common to each member of the class; (

b) the material facts givmg rise to the claim for reUef of the representatives are simUar or related to the material facts givmg rise to a claim for reUef of the members of the class; and (

c) the representatives are acting in good faith and m the interests of the class.

(2) For the purposes of clause (l)(b), material facts which relate to different transactions or events or contracts shaU not be taxen to be dissimUar or unrelated for that reason alone.

(3) The Court may provide m the judgment of a class action for subsequent determination of the amount and distribution damages assessed against the defendant.

(4) If damages payable to members of the class remain

uncoUected for more than 120 days after payment by the defendant mto the Court, the amount of the uncoUected damages shaU be appUed in such maimer as the Court may order. PARTS INSTRUMENTS, CONTROL ORDERS

Definitions Licences; eSect and publication Submissions, review, hearing 14(1) In this Part, (a) "appropriate board" means any board, tribunal or commission estabUshed by

an Act listed in the

Schedule empowered to hold hearings with respect to a matter relating to such Act, and where no such board exists, the Board; (b) "instrument" means any Ucence, permit, approval, certificate of approval, progrjun approval, control order or other order made under

an Act Usted in the

Schedule that would permit a person to carry on an activity that wiU contaminate or degrade the envkonment; (

i) to an extent that exceeds a legaUy established standard for the activity, or (

u) in a case where there is no legaUy estabUshed standard for the activity. (c) "proper authority" means any authority under

an Act Usted in the

Schedule empowered to issue an instrument. 15(1) Notwithstanding any other Act, no instrument is effective unless the requkements of this Part have been met.

(2) If a new instrument or a revision to an existing instrument is proposed, the proper authority shaU give notice of the proposal by publishing it in The Alberta Gazette and m two newspapers havmg general ckculation throughout Alberta. 16(1) Any person may, within 30 days of the giving of notice or within such longer time as may be stated in the notice, (

a) make written submissions to the proper authority with respect to the proposed provisions of the instrument; and (

b) by written notice to the proper authority, request a hearing by the appropriate board with respect to the proposed provisions of the instrument.

(2) The proper authority shaU review any written submissions and shaU respond in writing to the issues raised therem within a reasonable period of time.

(3) If a request for a hearing has been made, the proper authority shaU refer the matter to the appropriate board imless, m ks opinion, the request is not made in good faith or is frivolous or is made only for the purpose of delay.

(4) If the proper authority has declined to refer the matter to the appropriate board under subsection (3), it shaU give notice of its decision, together with written reasons therefor.

(5) If there is no request for a hearing under subsection (1), the proper authority may issue the proposed instrument not less than 10 days after the time for filing such notice has elapsed.

(6) If there is a request for a hearing under subsection (1) but the proper authority declines to refer the matter to the relevant board, the proper authority may issue the proposed instrument not less than 20 days after the time for filing such notice has elapsed.

(7) Any person may apply to the Board for a review of an existmg mstrument in respect of the adequacy of the instrument to protect the envkonment and the pubUc trust therein from contammation or degradation, having particular regard to technological advances that can be appUed m Alberta, and the Board shaU hear the appUcation where a prima facie case has been made that the instrument should be amended or revoked. Notice of hearing yjQ^ Whorc the appropriate board holds a hearmg under

section 16, the appropriate board shall, (

a) appomt a tkne and place for the hearmg at a place convenient to persons Ukely to be affected by the contamination or degradation; (

b) cause notice to be given of the hearmg, (

i) to the proper authority, (

U) to any person who submkted notice to the proper authority under

section 16(1), (Ui) to any person who submkted notice to the Board under

section 16(7), and (iv) to any person that the appropriate board may dkect; and

(

c) pubUsh notice of the hearing in The Alberta Gazette and m two newspapers having general circulation throughout Alberta.

(2) Subject to this Act, any hearing initiated under this

section shaU be conducted according to the rules and procedures that apply to the appropriate board.

(3) The appropriate board may make such order as to costs as U considers just, but shaU only award costs against an appUcant unless the board consider the appUcation has been vexatious or frivolous.

(4) Upon the completion of the hearing, the appropriate board may make such recommendation, order or decision in respect of the matter referred to it under this

section as the appropriate board is empowered to make under its enabling Act.

(5) The proper authority may, in an emergency situation, issue an instrument under

an Act Usted in the

Schedule without complymg with the other provisions of this Part, but such an instrument shall cease to be effective 60 days from the date on which it is issued.

PART 6 REGULATIONS SSis; 1*(^) ^° t^s section, "regulation-makkig authority" means any pubhcation' authority empowered to make any regulation under

an Act Usted in the Schedule.

(2) Where a regulation-making authority proposes to make a regulation that may affect the envkonment, k shaU cause the proposed regulation to be pubUshed in The Alberta Gazette at least 60 days before it proposes to file the regulation with the Registrar of Regulations and shaU request briefs or submissions m relation to the proposed regulation.

(3) The regulation-making authority shaU review and consider the submissions received within the 60 day period and shaU respond in writing to the issues raised therein within a reasonable period of time.

(4) A regulation filed m contravention of subsection (2) does not come into effect. 10

Reviwof 19(1) In 1991 and every third year thereafter, the Board shaU regulations rgvicw all rcgulatious that relate to the quality of the environment having regard to thek adequacy to protect the environment and the pubUc trust therem from contammation and degradation, having particular regard to technological advances that can be appUed in Alberta.

(2) The Board shaU give pubUc notice of the review and, durmg the review, may receive public submissions and evidence to the extent and in the manner that it considers appropriate.

(3) Upon completion of the review, the Board shaU make a report thereon to the Minister, including any recommended changes to the regulations, and the Minister, after receiving the report, shall lay the report before the Assembly if it is sitting or, if it is not then sitting, within 15 days of the commencement of the next sUtkig. PART? EMPLOYEE RIGHTS SSSt'by 20(1) No employer shaU, employer (

a) dismiss or threaten to dismiss an employee; (

b) discipline or suspend an employee; (

c) impose any penalty upon an employee; or (

d) intknidate or coerce an employee, because the employee has reported or proposes to report to any person

an act that contammates or degrades the envkonment.

(2) An employer who contravenes subsection (1) is guilty of an offence and Uable on

summary conviction to a fine not exceeding $5000.

(3) An employee who beUeves he has suffered from a contravention of subsection (1) may file a complamt ^ witjjjg with the Labour Relations Board as if ^t were a breach of the Labour Relations Code and the Board shaU deal with^the complaint as if k were a complamt under

section 15 of that Act. 11

PART? MISCELLANEOUS ^t^^^ 21 Nothing m this Act affects any other remedy avaUable at law. confhct 22 If there is a conflict between any provision of this Act and any other Act, the provision of this Act prevails. Crown 23 This Act bmds the Crown. 12

SCHEDULE Clean Air Act Clean Water Act Land Surface Conservation and Reclamation Act Public Health Act LitterAct Hazardous Chemicals Act Transportation of Dangerous Goods Act Title: 1990 (22nd 2nd) Bill 293, Environmental Bill of Rights

Document details

Collection	Alberta — Bills
Citation	L22 S2 2809
Type	bill
Volume / chapter	L22 S2 2809
Language	en
Format	json
Source	PROVINCIAL
Identifier	abe6ccab1b62a9afe64af659475860aeefcdad21

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