Bill 125 — Fourth Session, 16Th Legislature, 20 Elizabeth Ii the Legislative Assembly of Alberta An Act Respectins 1:1E Department of Environmental Control (Legislature 16, Session 4)

L16 S4 4956

Alberta — Bills

1971 Bill 125 Fourth Session, 16th Legislature, 20 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA

An Act respectins 1:1e Department of Environmental Control MR. YURKO First Reading ............... , .............. . Second Reading .. Third Reading

AN ACT m~SPECTl:~G n'E DE?p.f~'-fNIH.JT 0;: ENVlRONiv'~!:NTJ\t CONTROL (Assented to , 197'1) IiER :MAJESTY, by and with the advice and consent of a the Legislative AsseInbly of Alberta, enacts as follows: 1. This Act may be cited as the Department of Environ mental Control Act. 2.

Functioning of the Department is dependent upon monetary appropriations by the Provincial Legis1ature and the entire existence and functioning of the Department is dependent upon passing of this Act by the Le2"islatul'e of Alberta and the subsequent appropriation of such funds as are necessary to conduct the business of the Department. 3. In this Act, (a) "Department" means the Department of Environ mental Contro1. (b) "I\1inister" nle(lnS the }Slinister of the Department of Environmental Control. (c) "Environrnent" includes} (

i) the air, gases, vapOllrs and all c01nhinations of such, above the land and watpl' bodies bour:c1ed by the boundal'ies of the Province of Alberta and a11 nlanmac1e or natural influences or in trusions thereon; (ii) AlI the V,'(lter bodie3, above ground or under ground, \vithin the boundaries of the Province of Alberta and a1l nwnmacle or natural struc tnn's, intrnsions, influences, t1wt may accord ingly affect snch bodies. (iii) All land, both surface and extended to depths which can be influenced by man, and such combirwtions of lanel c111cl nlinerals, or land in in any natural combination \\'ith liquids, g8.SC3 or minerclls and the intrusion or influence of TIlanmadc or natural structurE.'s thereupon or therein.

b:plan.:;tory NO~C5 1.

Short title. 2. !Appropriation of funds. 3.

Interpretation.

L1. There shall be a Department oj' t1h' Public Servicc-,of the Province which shall be ca1leel U I,' l ).'pal'tment of En vironmental 'Control, ancl over \\,}t;\.':I. ~1-t~tll J)l'esic1e ,the member of the Executive Council :'":):'\.)l~lteel by the LIeu tenant Governor in Council undel' th,' >,'.L1 of the Province to act as l\Iinister of Environmental \. \)'~cr01. 5.

Subject to the Public Sen"ice .\d, the Lieutenant Governor in Council may appoint ~\ l"'\-:\~)uty l\Iinister of Environmental ControJ and such r)).'«":;~;l)nal trained 1")e1' sonnel, officers, clerks and sen'(;l"lt~~ ~~~ ,H'e required to carryon the business of the Departp'.::':: f, ~:" ~ld may prescribe their duties and provide fOl' their rt'l1)l~n'T~ttion. 6. Subject to The Public Service .-\ct and The Regulations Act, the Department shall 2 (

a) administer such Acts and perform such functions as may be assigned to the Departnlent by Act of the Legislature or by order of the Lieutenant Governor in Council; (

b) the following Acts shall be administered by the De partment of Environmental Control: (

i) The Environment Conservation Act; (ii) The Air, \V c.ter, and Soil Pollution Control Act; (iii) The Land Surface Use and Reclamation Act; (iv) The Agricultural and Forestry Chemicals Use and Handling Control Act; (

v) The Provincial Litter and Disposal Container Act; (vi) The Irrigation Districts and Pl'oj ects Act; (vii) The "Vater Resources Conservation and T-.lan agen1ent Act; (viii) The "\Vatenvol'ks and Sewage Disposal Act; (ix) The Environmental Research Trust Act. (

c) UncleI' the direct snpen;ision of the Deputy l\Iinistel' and as directed by the l\Jinistel' of the Department of Environmental Control, (

i) establish and supen'ise the functions of a sub department (division) specializing in detailed economic analysis and ey:.: luation, and eost benefit analysis '\vith respect to proposed major cdterations of the environment invoh'l1rc .. the consen-ation and utiliz(ltion of the nClhE'~~: resources of th1.':; Proyince, The division \,,-ill also inve.;;tigate such n1~'<tters a::; pollution t:\:\:cs or 1evic,::;, Welter usc fcc.;';, insur~l.nce again~~t major pollution cat(tst1'op~tiC's and methods of financing" maj 01' anti-pcdlu tioll Pl'oj ects, and n1ake l'eeommcncbtiolls to the :Minister;

4. Organization and administration of Department. 5. Deputy Minister and Department personnel. 6. Duties of T' :,partment. 2

(ii) (iii) (iv) (

v) establish and supervise the functions. of a sl;b department engaged in public relatIons, ·wlth respect to pollution regulation and control and environmental 111anagement, between govern ment departments, between governn1ents, be tween government and the public, and between governments and industry; establish and supervise the fUllctions of a sub departn1ent which will have the responsibility of preparing for, and handling 11lajor pollution catastrophies within the Province; establish ment of inter-governmental task forces for cleaning up n1ajor pollution spills or potentially destructive environmental phenornenon; establish a con1prehensive pollution data bank for Alberta, and the necessary personnel force to disseminate information and m2.intain liai son and information transfer with other juris dictions; establish a policy and legislation review com mittee of competent personnel, which may in clude elected representatives, to monitor the performance of each Board, Authority and Commission and the current relevance of each Act under the administration of the Minister of Environmental Control and to make appro priate recommendations to the l\1:inister a.nd expedite such changes to legislation as may be directed by the ~1:inister. 7. (

a) The Minister, with the approval of the Lieutenant Governor in Council, may establish and collect \vater use fees from all persons using the public \vaters of the Province, both surface and underground, for such uses as the waters have been specified or classi fied for in other Government Acts. (

b) The Minister, with the approval of the Lieutenant Governor in Coullcil, may establish and collect pol lution charges for either ail', water, or soil pollution, where such pollution is maintained below established and approved standards. vVhen pollution exceeds established standards effect:. .,-e p2nalties and .fees shall appropriately be levelled. Subj ect to approval by the Lieutenant Governor in Council, the :Ministel' shall have the power to shut a plant or plants down where such plants are flagrantly violating estab lished standards and endangering the health and welfare of the public. (

c) The ~1inister, with the approval of the Lieutenant Governor in Council, may establish and collect tech nical fees for technical services offered by the Dc- 3

7. (a) :'Water use fe2.), (

b) Pollution charges. (

c) Fees for rt:echnical services. 3

partment to industry, municipalities! and ~erson-" desirous of snch services. Such serVIces to Include pollution monitoring services, analytical services, engineering services, management sel'vices and any other technical services within the capability of the Department. 8.

(1) The Minister, with the approval of the Lieutenant Governor in Council, may enter into and carry out an agree ment with a city, town, village, county, municipality, public or private corporation, or any other provincial governnlent or the federal governn1ent or the recognized agency or agencies of such governnlents, with respect to designing or causing to be designed, construction or causing to be con structed~ operation or causing to be operated, establishing or causing to be established, any structure, agency, organiza tion, or physical entity for the control and regulation of air, water and/or soil pollution or management which is deemed to be necessary or desirable.

(2) Any agreement entered into under subsection (1) shall fix, where a physical structure is involved, (

a) the total cost of construction; (

b) the period of construction; (

c) the contributing annual and total costs to the Prov vince .for operation, supervision, management, en gineering, design, advertising, and liaison \yith or for the said proj ect ; (

d) the proportion of capital costs ,provided by the Province; (

e) the proportion of operating, supervision or nlanage ment costs provided by the Province; (

f) the terms of payment to be made by the ProvInce; (

g) the ternlination date of the agreement. 9.

(1) Officers of cities, towns, "d.llag;f3, municipal dis tricts, connties, public institutions, incorporated conlpanies, public officers of the Province or any of its agencies, nledical practitioners, and any recognized organization or persons resident in the Province who is in possession of kno"\vledae or data on nlatters relating to Environmental Control; l;;> 4 (

a) shall pron1ptly answer all comn1unications fron1 the Department; (

b) shall froln time to time collect and tabulate infor mation according to instructions received from the Department, and (

c) shall Dlake diligent efforts to supply correct infor mation on all questions sublnitted to them.

4 8. Department agreements. s. (1) Information required by Department.

(2) Charges for information.

(3) Penalties for failure to supply information.

(2) 'Vhere undue efforts have been necessary to compile requested information or carry out Department instructions, the party upon whOln such efforts have been imposed shall be at liberty to submit a bill for conlpensation for such services. The Departnlent shall duly consider the nature of all requests for paynlent for such services but shall not in any ,vay be obligated to pay same.

(3) Any party who fails to conlply with a wrHten request as per subsection (1) is guilty of an offence and liable on

summary conviction to a fine of $500. 10. Legal proceedings, on behalf of the Department, re garding contract enforcement, recovery of damages for a tort or breach of contract, pollution violations, or such other legal action as may be necessary, shall be instituted in the name of the Province by the Attorney General. 11. (

a) The Minister shall make ana. subn1it to the Lieu tenant Governor in Council an annual report on all its undertakings and duties under the control of the Department, which also shall include directly or under separate cover the report of each Board, Com mission, Authority, or Agency so required by the Act giving birth to such entity. (

b) The report or reports shall (

i) be laid before the Legislative Assembly ,vithin fifteen days after the comnlencement of the session next following the end of the year fOT which the report is nlade, and (ii) contain such information and data as is neces sary for the Legislative Assenlbly to appraise and judge the workings of the Department. (

c) The Department from time to time shall issue such other reports, circulars and publications as the Minister of Environmental Control deen1s advisable. . 12. This Act comes into force on the day upon which it IS assented to. 5

10. Legal action and suits. II. Reports 5 Title: 1971 (16th, 4th) Bill 125,

An Act respecting The Department of Environmental Control

Document details

Collection	Alberta — Bills
Citation	L16 S4 4956
Type	bill
Volume / chapter	L16 S4 4956
Language	en
Format	json
Source	PROVINCIAL
Identifier	bd2106d197acaabb9d6869b00585c8eb59b3429a

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