Bill 23 — Fourth Session, 22Nd Legislature, 41 Elizabeth Ii the Legislative Assembly of Alberta Bill 23 Environmental Protection and Enhancement Act (Legislature 22, Session 4)

L22 S4 2377

Alberta — Bills

1992 BILL 23 Fourth Session, 22nd Legislature, 41 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 23 ENVIRONMENTAL PROTECTION AND ENHANCEMENT ACT THE MINISTER OF THE ENVIRONMENT First Reading Second Reading Committee of the Whole Third Reading Royal Assent Title: 1992 (22nd, 4th) Bill 23, Environmental Protection and Enhancement Act

Bill 23 BILL 23 1992 ENVIRONMENTAL PROTECTION AND ENHANCEMENT ACT (Assented to 1992) Table of Contents

Definitions 1 Purpose of Act 2 Crown is bound 3

Part 1 Administration Consultation, Communication and Education Advisory committees, experts 4 Sustainable Development Co-ordinating Council 5 Purpose of Co-ordinating Council 6 Members of Co-ordinating Council 7 Rules of operation 8 Quorum 9 Interdepartmental committees 10 Health issues 11 Powers and duties of Minister 12 Economic instruments 13 Development of guidelines and objectives 14 State of the environment reporting 15 General Administrative Matters Administration of Act 16 Delegation 17 Transfer of administration 18 Delegation to regulatory board 19 Agreements 20 Emergency response plan 21 Agreements with land owners 22 Designation of officials 23 Powers of inspector 24 1

Local authority inspectors and investigators 25 Identification card 26 Designation of approved laboratories 27 Environmental Protection and Enhancement Fund 28 Revolving fund 29 Environmental Protection Security Fund 30 Disposition of money in Security Fund 31 Annual report re Security Fund 32 Disclosure of information 33 Ministerial regulations 34 Lieutenant Governor in Council regulations 35 Adoption by reference 36

Part 2 Environmental Assessment Process and Approvals

Definitions 37 Division 1 Environmental Assessment Process Purpose of environmental assessment process 38 Any Director may require assessment 39 Definition 40 Director’s power to require environmental assessment 41 Initial review by Director 42 Whether environmental impact assessment report required 43 Effect of statement of concern 44 Minister may order environmental impact assessment report 45 Terms of reference 46 Contents of environmental impact assessment report 47 Submission of report 48 Provision of further information 49 Publication of environmental impact assessment report 50 Powers of Director 51 Powers of Minister 52 Additional power of Minister 53 Register of environmental assessment information 54 Inter-jurisdictional agreements re environmental assessment 55 Ministerial regulations 56 Lieutenant Governor in Council regulations 57 Division 2 Approvals and Certificates Prohibition 58,59 Exception 60 Compliance with other requirements 61 No approval on Minister’s order 62 Application for approval 63 Change of activity or thing subject to an approval 64 2

Issue of approval 65 Extension of expiry date of approval 66 Amendment, suspension and cancellation of approvals 67 Director’s power to modify 68 Notice of applications and proposed changes 69 Statement of concern 70 Notice of decision taken 71 Transfer of approval 72 New information 73 Certificate of variance 74 Issuance of certificate of variance 75 Certificate of qualification required 76 Application for certificate of qualification 77 Issuance of certificate of qualification 78 Amendment and cancellation 79 Security 80 Ministerial regulations 81 Lieutenant Governor in Council regulations 82

Part 3 Environmental Appeal Board Environmental Appeal Board established 83 Notice of objection 84 Additional information 85 Hearing of appeal 86 Powers and duties of Board 87 Costs 88 Stay of decision 89 Decision of Board 90 Report to Minister 91 Decision by Minister 92 Publication of Board’s report 93 Ministerial regulations 94 Lieutenant Governor in Council regulations 95

Part 4 Release of Substances

Interpretation and application 96 Division 1 Releases of Substances Generally Prohibited release where approval or regulation 97 Prohibited release where no approval or regulation 98 Duty to report release 99 Manner of reporting 100 Duty to take remedial measures 101 Environmental protection order for release 102 Emergency environmental protection order 103 Emergency measures and notification 104 3

Environmental protection orders re odour 105 Ministerial regulations 106 Lieutenant Governor in Council regulations 107 Division 2 Contaminated Sites Application 108 Designation of contaminated sites 109 Notice of designation 110 Statement of concern 111 Remedial action plans and agreements 112 Environmental protection order re contaminated site 113 Notice of environmental protection order 114 Compensation 115 Ministerial regulations 116 Lieutenant Governor in Council regulations 117

Part 5 Conservation and Reclamation

Definitions 118 Security by operator 119 Reclamation inquiry 120 Duty to reclaim 121 Issuance of reclamation certificate 122 Amendment and cancellation of certificate 123 Environmental protection order before reclamation certificate 124 Environmental protection order re off-site damage 125 Environmental protection order after reclamation certificate 126 Emergency environmental protection order 127 No surrender or termination without reclamation certificate 128 Copies of orders and certificates 129 Conservation and Reclamation Council 130 Lieutenant Governor in Council regulations 131

Part 6 Groundwater and Related Drilling

Definitions 132 Return of tags, etc. 133 Environmental protection order 134 Emergency environmental protection order 135 Emergency measures 136 Ministerial regulations 137 Lieutenant Governor in Council regulations 138 4

Part 7 Potable Water

Definitions 139 Release of substances prohibited 140 Duty of person responsible 141 Environmental protection order 142 Emergency environmental protection order 143 Emergency measures 144 Ministerial regulations 145

Part 8 Hazardous Substances and Pesticides

Definitions 146 Division 1 Hazardous Substances and Pesticides Generally Storing and handling 147 Environmental protection order regarding contaminated matter 148 Sale or distribution prohibited 149 Environmental protection order 150 Contents of environmental protection order 151 Emergency environmental protection order 152 Ministerial regulations 153 Lieutenant Governor in Council regulations 154 Division 2 Pesticides Prohibitions re sale, use and disposal 155 Information on alternatives 156 Ministerial regulations 157 Lieutenant Governor in Council regulations 158 Adoption of federal requirements 159

Part 9 Waste Minimization, Recycling and Waste Management Division 1 Waste Minimization and Recycling

Definitions 160 Prohibition 161 Surcharge for designated material 162 Recycling Fund 163 Collection and recovery of designated material 164 Security 165 Lieutenant Governor in Council regulations 166 5

Division 2 Waste Waste on public land 167 Waste on highways 168 Waste on land owned by local authority . 169 Waste on water or ice 170 Waste on another person’s land 171 Environmental protection order to clean up unsightly property 172 Liability of local authority for costs of cleaning up 173 Collection of expenses as taxes 174 Review of environmental protection orders to clean up 175 Lieutenant Governor in Council regulations 176 Division 3 Hazardous Waste Identification number required for hazardous waste 177 Security 178 Cancellation of identification number 179 Manifest required for hazardous wastes 180 Lieutenant Governor in Council regulations 181

Part 10 Enforcement

Definitions 182 Investigations and Inspections Establishment of programs by Minister 183 Application for investigation 184 Investigation on receipt of application 185 Right of entry and inspection 186 Private dwelling place 187 Duty to stop a vehicle or vessel 188 Order to enter and inspect 189 Order without notice 190 Powers to be exercised at reasonable time 191 Seizure without order or search warrant 192 Bringing seized thing before judge 193 Tele-warrant 194 Disposal of things seized 195 Assistance by peace officer 196 Assistance to inspectors and investigators 197 Enforcement Orders Enforcement orders by Director 198 Enforcement order concerning waste 199 Amendment and cancellation of enforcement orders 200 Court order for compliance 201 6

Failure to comply with enforcement order 202 Joint and several liability 203 Civil Remedies Other civil remedies unaffected 204 Civil cause of action 205 Protection from liability 206 Injunction re commission of offence 207 Recovery of costs by the Government 208 Injunction re loss or damage 209 Offences and Penalties Limitation period 210 Offences 211 Penalties 212 Due diligence defence 213 Additional fine where monetary benefits acquired by offender 214 Continuing offences 215 Liability of directors and officers 216 Liability of public officials 217 Court orders relating to penalty 218 Compensation for loss of property 219 Variation of court orders 220 Administrative penalties 221 Ministerial regulations 222 Lieutenant Governor in Council regulations 223

Part 11 Miscellaneous Provisions Environmental Protection Orders Joint and several liability under environmental protection orders 224 General requirements of environmental protection orders 225 Ministerial regulations 226 Amendment and cancellation of environmental protection orders 227 Court order for compliance 228 Failure to comply with environmental protection order 229 Environmental protection order where person unidentifiable 230 General requirements re emergency environmental protection order 231 Recovery of costs for emergency measures 232 Miscellaneous Use of assistants 233 Right of entry 234 7

Definitions Interference 235 Court order re interference 236 Vicarious responsibility 237 Documentary evidence 238 Certificate of analyst 239 Service 240

Part 12 Transitional, Consequential, Repeal and Commencement Transitional - approvals 241 Transitional - orders 242 Miscellaneous transitional 243 Consequential amendments 244 Repeal 245 Coming into force 246

Schedule HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1 In this Act, (a) “activity” means an activity or part of an activity listed in the Schedule; (b) “adverse effect” means impairment of or damage to the environment, human health or safety or property; (c) “analyst” means an analyst designated by the Minister under

section 23; (d) “animal” means any animal other than man; (e) “approval” means an approval issued under this Act in respect of an activity, and includes the renewal of an approval; (f) “Board” means the Environmental Appeal Board; (g) “borehole” means a hole advanced into the ground for the purpose of determining engineering or geological classification and properties or for instrumentation purposes; 8

(h) “certificate of qualification” means a certificate of qualification issued under

section 78, and includes the renewal of such a certificate; (i) “certificate of title” includes a document issued under the Metis Settlements Act with respect to land in a settlement area under that Act that is similar in nature to a certificate of title within the meaning of the Land Titles Act; (j) “certificate of variance” means a certificate of variance issued under

section 75; (k) “conservation” means the planning, management and implementation of an activity with the objective of protecting the essential physical, chemical and biological characteristics of the environment against degradation; (1) “Co-ordinating Council” means the Sustainable Development Co-ordinating Council continued under

section 5; (m) “council”, when used with reference to a local authority, includes a settlement council under the Metis Settlements Act; (n) “Department” means the Department of the Environment; (o) “designated livestock operation” means a designated livestock operation within the meaning of the regulations; (p) “designated material” means a designated material within the meaning of the regulations; (q) “Director” means, subject to

section 40, a person designated as a Director for the purposes of this Act by the Minister; (r) “document” includes a book, sound recording, videotape, film, photograph, chart, graph, map, plan, survey, book of account and any other information that is recorded or stored by means of a device; (s) “environment” means the components of the earth and includes (

i) air, land and water, 9

(ii) all layers of the atmosphere, (iii) all organic and inorganic matter and living organisms, and (iv) the interacting natural systems that include components referred to in subclauses (

i) to (iii); (t) “Environmental Protection and Enhancement Fund” means the fund established under

section 28; (u) “Environmental Protection Security Fund” means the fund continued under

section 30; (v) “Government” means the Government of Alberta; (w) “Government agency” means (

i) a corporation that is an agent of the Government, or (ii) a corporation, commission, board or other body whose members are appointed by

an Act of the Legislature, the Lieutenant Governor in Council or a Minister of the Government, or any combination of them; (x) “groundwater” means all water under the surface of the ground; (y) “hazardous recyclable” means hazardous waste that is to be recycled; (z) “hazardous substance” means (

i) a substance or mixture of substances, other than a pesticide, that exhibits characteristics of flammability, corrosivity, reactivity or toxicity, and (ii) any substance that is designated as a hazardous substance within the meaning of the regulations; (aa) “hazardous waste” means hazardous waste within the meaning of the regulations; (bb) “heavy oil” means a naturally occurring viscous mixture, other than crude bitumen, that consists 10

mainly of hydrocarbons heavier than pentane, that may contain sulphur compounds and that in its naturally occurring state has a density of more than 900 kilograms per cubic metre; (cc) “heavy oil site” means a location at which a facility exists or is to be developed for recovering heavy oil by drilling and includes any injection or pumping facilities and any associated infrastructures and pipelines; (dd) “highway” means highway within the meaning of the Highway Traffic Act; (ee) “industrial development” means an industrial development within the meaning of the regulations; (ff) “inspector” means a person who is an inspector by reason of

section 23 or 25; (gg) “investigator” means a person who is an investigator by reason of

section 23 or 25; (hh) “land titles office” includes, with respect to land in a settlement area within the meaning of the Metis Settlements Act, the Metis Settlements Land Registry established under that Act; (ii) “local authority” means (

i) the corporation of a city, town, new town, village, summer village, county or municipal district, (ii) with respect to a rural district, the council of the rural district or the Minister of Municipal Affairs, as the case may be, (iii) in the case of an improvement district or special area, the Minister of Municipal Affairs, (iv) a settlement under the Metis Settlements Act, (

v) a regional services commission established under the Regional Municipal Services Act, and (vi) the local board of a health unit, 11

but for the purposes of sections 12(b), 110, 130(l)(e), 173, 174 and 175 does not include an entity referred to in subclause (

v) or (vi), and for the purposes of sections 139(b), 166(

n) and 169(

b) does not include an entity referred to in subclause (vi); (jj) “mine” means any opening in, excavation in or working of the surface or subsurface for the purpose of working, recovering, opening up or proving coal, a coal bearing substance, oil sands or an oil sands bearing substance, and includes any associated infrastructure; (kk) “minerals” means all naturally occurring minerals, including, without limitation, gold, silver, uranium, platinum, pitchblende, radium, precious stones, copper, iron, tin, zinc, asbestos, salts, sulphur, petroleum, oil, asphalt, bituminous sands, oil sands, natural gas, coal, anhydrite, barite, bauxite, bentonite, diatomite, dolomite, epsomite, granite, gypsum, limestone, marble, mica, mirabilite, potash, quartz rock, rock phosphate, sandstone, serpentine, shale, slate, talc, thenardite, trona and volcanic ash; (11) “Minister” means the Minister of the Environment; (mm) “municipal development” means a municipal development within the meaning of the regulations; (nn) “municipality” means the geographical area of a city, town, new town, village, summer village, county, municipal district, improvement district, special area, rural district or settlement area within the meaning of the Metis Settlements Act; (oo) “oil sands” means (

i) sands and other rock materials containing crude bitumen, (ii) the crude bitumen contained in those sands and other rock materials, and (iii) any other mineral substances, other than natural gas, in association with that crude bitumen or those sands and other rock materials referred to in subclauses (

i) and (ii); 12

(pp) “oil sands site” means a location at which a facility exists or is to be developed for recovering oil sands by drilling or other in situ recovery operations, and includes (

i) any injection or pumping facility, storage facility or tailings storage or disposal site that exists or is to be developed, and (ii) any permanent access or haul road, railway, telecommunication line or pipeline on the location for the transmission of synthetic crude oil; (qq) “owner”, with regard to land, means (

i) the registered owner of the land, (ii) a purchaser of the land whose interest as a purchaser is shown on the certificate of title to that land, or (iii) a tenant or other person who is in lawful possession or occupation of the land; (rr) “person responsible”, when used with reference to a substance or a thing containing a substance, means (

i) the owner and a previous owner of the substance or thing, (ii) every person who has or has had charge, management or control of the substance or thing, including the manufacture, treatment, sale, handling, use, storage, disposal, transportation, display or method of application of the substance or thing, (iii) any successor, assignee, executor, administrator, receiver, receiver-manager or trustee of a person referred to in subclause (

i) or (ii), and (iv) a person who acts as the principal or agent of a person referred to in subclause (i), (ii) or (iii); (ss) “pest” means any injurious, noxious or troublesome plant or animal life and includes any injurious, 13

noxious or troublesome organic function of a plant or animal; (tt) “pesticide” means (

i) a substance that is intended, sold or represented for use in preventing, destroying, repelling or mitigating any insect, nematode, rodent, predatory animal, parasite, bacteria, fungus, weed or other form of plant or animal life or virus, except a virus, parasite, bacteria or fungus in living people or animals, (ii) any substance that is a pest control product within the meaning of the Pest Control Products Act (Canada) or is intended for use as such a pest control product, (iii) any substance that is a plant growth regulator, a defoliant or a plant desiccant, (iv) a fertilizer within the meaning of the Fertilizers Act (Canada) that contains a substance referred to in subclause (i), (ii) or (iii), and (

v) any other substance designated as a pesticide in the regulations, but does not include a substance that is intended, sold or represented for use in potable water to prevent or destroy bacteria, parasites or viruses if the substance is not a pest control product within the meaning of the Pest Control Products Act (Canada); (uu) “pipeline” means (

i) a pipe for the transmission of any substance and installations in connection with that pipe, (ii) a sewer or sewage system and installations in connection with that sewer or sewage system, or (iii) an underground pipe that contains telecommunication lines; 14

(vv) “pit” means an excavation in the surface made for the purpose of removing, opening up or proving sand, gravel, clay, marl, peat or any other substance, and includes any associated infrastructure, but does not include a mine or quarry; (ww) “place” includes any land, building, structure, machine, aircraft, vehicle or vessel; (xx) “potable water” means water that is supplied by a waterworks system and is used for drinking, cooking, bathing, dish washing or other domestic purposes; (yy) “privately owned development” means a privately owned development within the meaning of the regulations; (zz) “private utility” means a private utility within the meaning of the regulations; (aaa) “quarry” means any opening in, excavation in or working of the surface for the purpose of working, recovering, opening up or proving any mineral other than coal, a coal bearing substance, oil sands or an oil sands bearing substance, and includes any associated infrastructure; (bbb) “reclamation” means any or all of the following: (

i) the removal of equipment or buildings or other structures or appurtenances; (ii) the conducting of investigations to determine the presence of substances; (iii) the decontamination of buildings or other structures or other appurtenances, or land or water; (iv) the stabilization, contouring, maintenance, conditioning or reconstruction of the surface of land; (

v) any other procedure, operation or requirement specified in the regulations; (ccc) “recycle” means to do anything that results in providing a use for a thing that otherwise would be disposed of or dealt with as waste, including collecting, transporting, handling, storing, sorting, 15

separating and processing the thing, but does not include the application of waste to land or the use of a thermal destruction process; (ddd) “registered owner”, with respect to land, means (

i) the person registered in a land titles office as the owner of the fee simple or a life estate in the land, and (ii) in the case of patented land within the meaning of the Metis Settlements Act, includes a person registered in a Metis title register established under that Act; (eee) “regulatory board” means a regulatory board established by a regulation under

section 35; (fff) “release” includes to spill, discharge, dispose of, spray, inject, inoculate, abandon, deposit, leak, seep, pour, emit, empty, throw, dump, place and exhaust; (ggg) “revolving fund” means the revolving fund established under

section 29; (hhh) “storage” means the holding of a substance or thing for a temporary period at the end of which it is processed, used, transported, treated or disposed of; (iii) “storm drainage system” means any system for collecting, storing and disposing of storm drainage, and includes (

i) the sewers and pumping stations that make up the storm drainage collection system, (ii) the storm drainage storage, management and treatment facilities that buffer the effects of the peak runoff or improve the quality of the storm water, (iii) the sewers and pumping stations that transport storm drainage to the location where it is treated or disposed of, and (iv) the storm drainage outfall structures; (jjj) “substance” means (

i) any matter that 16

(

A) is capable of becoming dispersed in the environment, or (

B) is capable of becoming transformed in the environment into matter referred to in paragraph (A), (ii) any sound, vibration, heat, radiation or other form of energy, and (iii) any combination of things referred to in subclauses (

i) and (ii); (kkk) “surface water” means water in a watercourse and water at a depth of not more than 15 metres beneath the surface of the ground; (111) “telecommunication line” means a system or arrangement of lines of wire or other conductors by which telephone or other kinds of communications are transmitted and received by electronic means; (mmm) “this Act” means this Act and the regulations; (nnn) “transmission line” means a system or arrangement of lines of wire or other conductors and transformation equipment, wholly within Alberta, whereby electric energy, however produced, is transmitted in bulk, and includes (

i) transmission circuits composed of the conductors that form the minimum set required to transmit the electric energy, (ii) insulating and supporting structures, (iii) substations, (iv) operational and control devices, and (

v) all property used for the purpose of, or in connection with, the operation of the transmission line, but does not include a power plant or electric distribution system as defined in the Hydro and Electric Energy Act; 17

(ooo) “treat” means to apply any method, technique or process, including, without limitation, neutralization and stabilization, that is designed to change the physical, chemical or biological character or composition of a substance; (ppp) “vehicle” means a device in or by which a person or thing may be transported or drawn on a highway; (qqq) “waste management facility” means a facility for the collection, storage, treatment or disposal of waste; (rrr) “wastewater system” means a system for collecting, treating and disposing of wastewater and includes (

i) sewers and pumping stations that make up a wastewater collection system, (ii) sewers and pumping stations that transport untreated wastewater from a wastewater collection system to a wastewater treatment plant, (iii) wastewater treatment plants, (iv) facilities that provide storage for treated wastewater, (

v) wastewater sludge treatment and disposal facilities, (vi) sewers that transport treated wastewater from a wastewater treatment plant to the place where it is disposed of, and (vii) treated wastewater outfall facilities, including the outfall structures to a watercourse or any appurtenances for disposal of treated wastewater to land or to wetlands; (sss) “water” means all water on or under the surface of the ground; (ttt) “water distribution system” means a system of pipes, valves, fittings and appurtenances, including associated pressure reducing stations, that is used to convey potable water in a waterworks system to the service connection for a property; 18

(uuu) “water well” means an opening in the ground, whether drilled or altered from its natural state, that is used for (

i) the production of groundwater for any purpose, (ii) obtaining data on groundwater, or (iii) recharging an underground formation from which groundwater can be recovered, and includes any related equipment, buildings, structures and appurtenances, but does not include a dugout; (vvv) “watercourse” means (

i) the bed and shore of a river, stream, lake, creek, lagoon, swamp, marsh or other natural body of water, or (ii) a canal, ditch, reservoir or other man-made surface feature, whether it contains or conveys water continuously or intermittently; (www) “waterworks system” means any system providing potable water to a municipality, municipal development, industrial development, privately owned development or private utility, and includes (

i) water wells, surface water intakes or infiltration galleries that constitute the water supply, (ii) water supply lines, (iii) on-stream and off-stream water storage facilities, (iv) water pumphouses, (

v) water treatment plants, (vi) potable water transmission mains, (vii) potable water storage facilities, 19

(viii) potable water pumping facilities, and (ix) water distribution systems; (xxx) “well” means, except in

Part 6, any well, whether or not a licence is required in respect of it under the Oil and Gas Conservation Act. Purpose of Act2 The purpose of this Act is to support and promote the protection, enhancement and wise use of the environment while recognizing the following: (

a) the protection of the environment is essential to the integrity of ecosystems and human health and to the well-being of society; (

b) the need for Alberta’s economic growth and prosperity in an environmentally responsible manner and the need to integrate environmental protection and economic decisions in the earliest stages of planning; (

c) the principle of sustainable development, which ensures that the use of resources and the environment today does not impair prospects for their use by future generations; (

d) the importance of preventing and mitigating the environmental impact of development and of government policies, programs and decisions; (

e) the need for Government leadership in areas of environmental research, technology and protection standards; (

f) the shared responsibility of all Alberta citizens for ensuring the protection, enhancement and wise use of the environment through individual actions; (

g) the opportunities made available through this Act for citizens to provide advice on decisions affecting the environment; (

h) the responsibility to work co-operatively with other provinces and the Government of Canada to prevent and minimize transboundary environmental impacts; (

i) the responsibility of polluters to pay for the costs of their actions; 20

Crown is bound Advisory committees, experts Sustainable Development Co-ordinating Council Purpose of the Co-ordinating Council (

j) the important role of comprehensive and responsive action in administering this Act. 3 Except where this Act specifically provides to the contrary, the Crown is bound by this Act.

PART 1 ADMINISTRATION Consultation, Communication and Education 4(1) The Minister may (

a) establish advisory committees and retain experts to report to the Minister with respect to (

i) the content and administration of this Act, and (ii) any of the policies, programs, services or other matters under the Minister’s administration, and (

b) specify the functions that the committees and experts are to perform, including the seeking of input from the public, and the manner in which and time period within which those functions are to be performed.

(2) The report of a committee established pursuant to subsection (1), including the recommendations and the reasons for them, shall be made public in the manner provided for in the regulations. 5 The Natural Resources Co-ordinating Council is continued as the Sustainable Development Co-ordinating Council. 6(1) The Co-ordinating Council may co-ordinate, review and make recommendations to the Minister on interdepartmental matters related to sustainable development and the protection of the environment.

(2) The Co-ordinating Council shall make its recommendations and reports to the Minister, who shall submit copies in a timely manner to the members of the Executive Council. 21

Members of Co-ordinating Council 7(1) The Co-ordinating Council shall consist of (

a) a Deputy Minister of each of the following departments of the Government, as designated by the Minister of each department: (

i) Agriculture; (ii) Economic Development and Trade; (iii) Energy; (iv) Environment; (

v) Federal and Intergovernmental Affairs; (vi) Forestry, Lands and Wildlife; (vii) Health; (viii) Municipal Affairs; (ix) Public Works, Supply and Services; (

x) Tourism, Parks and Recreation; (xi) Transportation and Utilities; (

b) the chairman of the Energy Resources Conservation Board; (

c) the chairman of the Natural Resources Conservation Board; (

d) the chief executive officer of the Environment Council of Alberta; (

e) the president of the Alberta Research Council; (

f) representatives from other government agencies and departments who are designated by the Minister.

(2) The Deputy Minister of the Department is the chair of the Co- ordinating Council.

(3) Notwithstanding subsection (1), each member of the Co- ordinating Council may appoint in writing a person to be an alternate member of the Co-ordinating Council to act in that member’s place as a member of the Co-ordinating Council in the 22

event of that member’s temporary absence or temporary inability to act. Rules of operation 8 The members of the Co-ordinating Council (

a) may appoint other officers of the Council, and (

b) may make rules governing the calling and conduct of meetings of the Council and any other matters pertaining to the conduct of its business and affairs. Quorum 9 a majority of the members of the Co-ordinating Council or their respective alternate members constitutes a quorum. Interdepart mental committees 10(1) The Minister may establish one or more interdepartmental committees consisting of employees of the Government or of Government agencies to co-ordinate and review matters related to this Act and to advise the Minister on matters related to this Act and the protection of the environment generally.

(2) The Director may establish one or more interdepartmental committees consisting of employees of the Government or of Government agencies to advise the Director on matters related to this Act that are referred to the committees.

(3) An interdepartmental committee may make rules governing its conduct, procedures and meetings.

(4) An interdepartmental committee shall make and submit to the Minister or the Director, as the case may be, reports and recommendations on specific matters reviewed by it. Health issues 11 The Minister shall, in recognition of the integral relationship between human health and the environment, co-operate with and assist the Minister of Health in promoting human health through environmental protection. Powers and duties of Minister 12 The Minister (

a) is responsible for the establishment of the policies, programs, services and administrative procedures of the Department, and for co-ordination with other departments of the Government and with Government agencies of matters pertaining to the environment; 23

(

b) shall, as the representative of the Government, maintain a continuing liaison with the Government of Canada and agencies of that Government, the governments of other provinces and agencies of those governments, and local authorities in Alberta in relation to matters under the administration of the Minister, (

c) shall compile, study and assess information related to the environment for the purpose of better carrying out the Minister’s functions and responsibilities under this or any other Act with a view to providing that information to departments of the Government, Government agencies and the public; (

d) shall carry out and may participate in research projects related to matters pertaining to the environment; (

e) shall conduct a continuing review of research related to any matter pertaining to the environment that is being carried out by the Government or Government agencies or by others and shall promote the co ordination of that research and of facilities used for that research; (

f) shall maintain a library consisting of publications and other information relating to matters pertaining to the environment; (

g) shall, unilaterally or in co-operation with other departments of the Government and Government agencies, develop, publish and distribute educational materials with respect to the environment and shall co-ordinate, develop and deliver educational programs and services to assist Albertans to better understand the environment and become responsibly involved in the protection and wise use of the environment; (

h) may, in co-operation with other departments of the Government, develop and implement economic and financial instruments and market-based approaches to achieve environmental protection, to achieve environmental quality goals in a cost effective manner and to provide methods of financing programs for environmental purposes; (

i) shall generally do any acts the Minister considers necessary to promote the protection and wise use of 24

Economic instruments Development of guidelines and objectives the environment for the benefit of the people of Alberta and future generations. 13 The Minister may, in accordance with the regulations, establish programs and other measures for the use of economic and financial instruments and market-based approaches, including without limitation (

a) emission trading, (

b) incentives, (

c) subsidies, (

d) taxes, (

e) emission, effluent and waste disposal fees, and (

f) differential levies, for the purposes of protecting the environment, achieving environmental quality goals in a cost effective manner and providing methods of financing programs and other measures for environmental purposes. 14(1) In order to further the protection and wise use of the environment, the Minister shall, after having complied with any applicable regulations regarding public input or, in the absence of regulations, after having engaged in such public consultation as the Minister considers appropriate, develop ambient environmental quality objectives in qualitative or quantitative terms for all or part of Alberta.

(2) In developing objectives under subsection (1), the Minister shall give due consideration to public input that he has received.

(3) Objectives developed under subsection (1) shall be made available to the public in accordance with the regulations.

(4) The Minister may develop other guidelines and objectives to meet goals or purposes toward which the Government's environmental protection efforts are directed, including procedures, practices and methods for monitoring, analysis and predictive assessment. 25

State of the environment reporting 15 The Minister shall report annually on the state of the Alberta environment. General Administrative Matters Administration of Act 16 Except as otherwise provided in this Act, the Minister is charged with the administration of this Act. Delegation17(1) The Minister may in writing delegate to any employee of (

a) the Government or a Government agency, (

b) the Government of Canada or an agency or department of that Government, or (

c) a local authority any power or duty conferred or imposed on the Minister under this Act. (2) Subsection (1) does not apply to the power or duty to make regulations.

(3) Prior to making a delegation under subsection (1) the Minister shall consult with the appropriate Minister under whose administration the employee is, or with the Government agency, the agency of the Government of Canada or the local authority, as the case may be. Transfer of administration 18(1) The Minister may by agreement in writing or by regulation, and after consultation with the other Minister or the Government agency or local authority, transfer the administration of a provision of this Act to (

a) another Minister of the Government, (

b) a Government agency, or (

c) a local authority and may specify the terms and conditions under which and subject to which the transfer is made.

(2) Where the administration of a provision of this Act has been transferred under subsection (1) and in the Minister’s opinion the other Minister, the Government agency or the local authority is not 26

Delegation to regulatory board properly administering the provision, the Minister may, after serving written notice on the other Minister, the Government agency or the local authority, cause inspectors or investigators designated by the Minister to carry out the provision.

(3) The Minister may take any steps that are necessary to revoke a transfer of administration under subsection (1) where the Minister considers it appropriate to do so. 19(1) The Minister may by order and with the approval of the Lieutenant Governor in Council (

a) delegate to a regulatory board any of the rights, powers or duties of an inspector, investigator or Director under this Act, (

b) impose any conditions on the regulatory board’s exercise of the delegated rights, powers or duties that the Minister considers appropriate, and (

c) amend or revoke the order.

(2) Where the Minister makes a delegation under subsection (1), a reference in this Act to an inspector, investigator or Director with respect to the delegated right, power or duty is to be read as if it were a reference to the regulatory board to whom the delegation was made.

(3) A regulatory board may make by-laws (

a) respecting the conduct of the business and affairs of the board; (

b) respecting the calling of meetings of the members and the conduct of business at those meetings; (

c) respecting the appointment, removal, functions, powers, duties, remuneration and benefits of officers and employees of the board; (

d) delegating to the officers of the board or any committee of it any powers of the board required to manage the business and affairs of the board, except the power to make by-laws; (

e) respecting the establishment, membership, duties and functions of special, standing and other committees. 27

Agreements Emergency response plan Agreements with land owners

(4) A by-law made by a regulatory board is not effective until it is approved by the Minister.

(5) The Regulations Act does not apply to a by-law of a regulatory board. 20 The Minister may on behalf of the Government enter into agreements relating to any matter pertaining to the environment with (

a) the government of another jurisdiction or a department or agency of such a government, (

b) a Government agency, or (

c) any person. 21 The Minister may, in co-operation with representatives of other departments of the Government and Government agencies and with other persons, formulate plans for effective co-ordinated action in cases of emergency to prevent, alleviate, control or stop the destruction of, loss of or damage to the environment. 22(1) In order to protect and enhance the environment, the Minister may enter into an agreement with the registered owner of land to restrict the purposes for which that land may be used by the registered owner and the successors in title of the registered owner.

(2) An agreement under this

section may provide for the payment of compensation by the Government or by the registered owner of the land.

(3) An agreement under this

section may be registered under the Land Titles Act or the regulations under the Metis Settlements Act, as the case may be.

(4) An agreement that is registered as provided for in subsection (3) runs with the land and the Minister may enforce it whether it is positive or negative in nature and notwithstanding that the Government does not have an interest in any land that would be accommodated or benefited by the agreement.

(5) On the expiration or termination of an agreement that is registered as provided for in subsection (3), the Registrar of Land Titles or the Registrar of the Metis Settlements Land Registry, as 28

the case may be, shall, on being directed to do so by the Minister, cancel the registration of the agreement.

(6) This

section applies notwithstanding

section 52 of the Land Titles Act. Designation of officials 23(1) The Minister may by order designate employees of the Government under the administration of the Minister as Directors for the purposes of all or a part of this Act.

(2) A Director may designate any employee of the Government under the administration of the Minister as an acting Director to act in that Director’s place in the event of his temporary absence or temporary inability to act.

(3) The Minister may by order designate as an inspector, investigator or analyst for the purposes of this Act any person who in the opinion of the Minister is qualified to be so designated and who is employed by (

a) a department of the Government or a Government agency, (

b) a local authority, or (

c) a department or agency of the Government of Canada in the administration of a law respecting the protection of the environment.

(4) The Minister may not designate a person under subsection (3) without the approval of that person’s employer.

(5) Each member of the Conservation and Reclamation Council (

a) is an inspector, and (

b) may be designated as an investigator by the Minister.

(6) A designation under subsection (3) or (5) may direct that the authority of the inspector, investigator or analyst be exercised subject to any terms and conditions that the Minister prescribes in the designation, including limitations on the scope of the designation. 29

Powers of inspector 24 For the purposes of acting under this Act an inspector has, subject to any terms and conditions of his designation, all the powers and is subject to all the duties of an investigator under sections 186(l)(

a) to (e), (f)(ii) and (i), 186(5), 189, 190, 191 and 196. Local authority inspectors and investigators 25(1) Each local authority shall designate a sufficient number of inspectors and investigators to carry out the administration of provisions of this Act that are transferred to it under

section 18.

(2) A local authority shall immediately advise the Minister in writing of designations and changes to designations under subsection (1). Identification card 26 The Minister, in the case of an inspector or investigator designated under

section 23, and a local authority, in the case of an inspector or investigator designated under

section 25, shall furnish the inspector or investigator with an identification card and, on entering any place, the inspector or investigator shall, on request, produce the identification card and identify and explain the nature of the powers or duties the inspector or investigator wishes to carry out. Designation of approved laboratories 27 The Minister may designate laboratories as approved laboratories that may conduct laboratory analyses for the purposes of this Act. Environmental Protection and Enhancement Fund 28(1) There is hereby established the Environmental Protection and Enhancement Fund to be used for the following purposes: (

a) to pay for expenditures incurred in taking emergency measures under

section 104, 136 or 144; (

b) to pay for the cost of action taken by the Director under

section 202, 229 or 230; (

c) to pay for the costs of conservation and reclamation under

section 126(2)(b); (

d) to pay for the cost of machinery, equipment, services, materials and stock that are provided or used for the purposes of the revolving fund.

(2) The Environmental Protection and Enhancement Fund shall be held and administered by the Provincial Treasurer in accordance 30

with this Act, and the Provincial Treasurer shall maintain a separate accounting record of the Fund.

(3) The Provincial Treasurer shall, on the requisition of the Minister, make payments out of the Environmental Protection and Enhancement Fund for the purposes of the Fund.

(4) The following shall be paid into the Environmental Protection and Enhancement Fund: (

a) money transferred from the Environmental Protection Security Fund under subsection (10); (

b) money recovered by the Government under

section 202, 229 or 232; (

c) money advanced by the Provincial Treasurer from the General Revenue Fund under subsection (7); (

d) money from a supply vote appropriated for the purposes of the Environmental Protection and Enhancement Fund; (

e) payments made by the Government of Canada for the purposes of the Environmental Protection and Enhancement Fund; (

f) gifts, donations, bequests and transfers to the Environmental Protection and Enhancement Fund.

(5) The Provincial Treasurer may be designated as a depositor on behalf of the Environmental Protection and Enhancement Fund in the Consolidated Cash Investment Trust Fund.

(6) Investment income earned on deposits of the Environmental Protection and Enhancement Fund accrues to and forms part of the General Revenue Fund.

(7) The Provincial Treasurer may advance from the General Revenue Fund to the Environmental Protection and Enhancement Fund money required for the purposes of the Environmental Protection and Enhancement Fund, but the amount of the advances outstanding at any time shall not exceed $25 000 000.

(8) If at any time it appears to the Provincial Treasurer that there is money in the Environmental Protection and Enhancement Fund that is not required for the purposes of the Fund, the Provincial Treasurer may transfer the money to the General Revenue Fund. 31

Revolving fund Environmental Protection Security Fund Disposition of money in Security Fund

(9) Any outstanding advances to the Environmental Protection and Enhancement Fund from the General Revenue Fund are reduced by a transfer of money made under subsection (8).

(10) The Provincial Treasurer shall in the manner and amounts and at the times directed by the Minister transfer from the Environmental Protection Security Fund to the Environmental Protection and Enhancement Fund security that is forfeited in accordance with the regulations. 29(1) The Minister shall establish and administer a revolving fund for the Department for the purpose of performing services and programs related to environmental protection and enhancement and for purposes related to water resources management.

(2) The Provincial Treasurer, on the requisition of the Minister, shall advance from the General Revenue Fund to the revolving fund money required to pay for the cost of machinery, equipment, services, materials or stock that is provided or used for the purposes of the revolving fund.

(3) The revolving fund shall charge the Environmental Protection and Enhancement Fund for the cost of machinery, equipment, services, materials or stock that are provided or used for the purposes of the Environmental Protection and Enhancement Fund.

(4) The net amount of the advances under subsection (2) shall not at any time exceed $25 000 000. 30(1) The Surface Reclamation Fund is continued as the Environmental Protection Security Fund.

(2) The Environmental Protection Security Fund shall be held and administered by the Provincial Treasurer in accordance with this Act, and the Provincial Treasurer shall maintain a separate accounting record of the Fund.

(3) All money required to be deposited with the Government as security in respect of an approval, a certificate of qualification or a certificate of variance or under

section 89, 119, 165 or 178 shall be paid into the Environmental Protection Security Fund. 31 The Minister may in accordance with this Act direct the Provincial Treasurer with respect to the return, forfeiture, retention, transfer or expenditure of money paid into the Environmental Protection Security Fund. 32

Annual report re Security Fund 32(1) The Minister shall, as soon as is practicable after the end of each fiscal year, prepare a report regarding the operation of the Environmental Protection Security Fund during the preceding fiscal year.

(2) A report prepared under subsection (1) shall be placed by the Minister before the Legislative Assembly if it is then sitting and, if not, within 15 days after the commencement of the next sitting. Disclosure of information 33(1) Subject to this section, (

a) the following documents and information in the possession of the Department that are provided to the Department in the administration of this Act shall be disclosed to the public in the form and manner provided for in the regulations: (

i) information in respect of a proposed activity that is provided to the Department for the purposes of

Part 2, Division 1 by a proponent within the meaning of that Part; (ii) documents and information in the register referred to in

section 54; (iii) information that is provided to the Department as part of the application by (

A) an applicant for an approval or a certificate of variance; (

B) the holder of an approval, in respect of an application to change an activity or to amend a term or condition of, add a term or condition to or delete a term or condition from an approval; (iv) environmental and emission monitoring data, and the processing information that is necessary to interpret that data, that is provided by an approval holder; (

v) any reports or studies that are provided to the Department in accordance with a term or condition of an approval; 33

(

b) the following documents that are created by the Department in the administration of this Act shall be disclosed to the public in the form and manner provided for in the regulations: (

i) approvals; (ii) certificates of qualification; (iii) certificates of variance; (iv) environmental and emission monitoring data and the processing information that is necessary to interpret that data; (

v) statements of concern; (vi) notices of objection; (vii) reclamation certificates; (viii) enforcement orders; (ix) environmental protection orders. (2) Subsection (1)(

a) applies only to documents and information provided to the Department after the coming into force of this section.

(3) The Minister may disclose to the public in the form and manner provided for in the regulations any other information in the possession of the Department that the Minister considers should be public information.

(4) Where information referred to in subsection (1) or (3) is provided to the Department and relates to a trade secret, process or technique that the person submitting the information keeps confidential, the person submitting the information may make a request in writing to the Director that the information be kept confidential and not be disclosed.

(5) Where the Director receives a request for confidentiality under subsection (4), the Director shall (

a) approve the request and order that the information be kept confidential and not be disclosed where the Director considers that the request is well founded, or 34

(

b) refuse the request where the Director considers that the request is not well founded.

(6) The Director shall forthwith notify a person who makes a request for confidentiality of the Director’s refusal of the request under subsection (5)(b).

(7) Where the Director is considering a request for confidentiality or approves a request for confidentiality, no person involved in the administration of this Act may disclose any of the information to which the request relates except (

a) to any other person who is or has been involved in the administration of this Act or of another law related to the protection of the environment, or to the government of another jurisdiction or an agency of such a government for the purposes of administering a law related to the protection of the environment, (

b) to the person who provided the information or any other person with his consent, or (

c) as required by any other law or by an order of a court.

(8) No person to whom information is disclosed under subsection (7) may further disclose the information or use the information for any purpose other than the purpose for which it was disclosed to that person.

(9) Information relating to a matter that is the subject of an investigation or proceeding under this Act may not be released under subsection (1) or (3). Ministerial regulations 34 The Minister may make regulations (

a) providing for the manner in which reports of advisory committees are to be made public; (

b) providing for the payment of remuneration and expenses to members of advisory committees and to experts; (

c) providing for any other matter considered necessary to carry out the purposes of advisory committees and experts; (

d) respecting transfers of administration for the purpose of

section 18; 35

Lieutenant Governor in Council regulations (

e) establishing criteria to be applied by the Director in making any decision that the Director is authorized to make under

section 42, 43, 65, 66, 78 or 79; (

f) respecting the manner of obtaining public input in the development of objectives referred to in

section 14 and the manner of making the objectives available to the public; (

g) respecting the establishment of management areas for the purposes of sections 13 and 14; (

h) providing for the form and manner in which information is to be disclosed to the public for the purposes of

section 33(1) and (3); (

i) establishing fees for any information, documents, service or material provided in the course of the administration of this Act and for the filing of any returns, reports or other documents that are required or permitted to be filed under this Act; (

j) prescribing forms for the purposes of this Act where the power to prescribe forms is not otherwise specifically provided for. 35 The Lieutenant Governor in Council may make regulations (

a) adding activities to or deleting activities from the Schedule; (

b) defining “designated livestock operation” for the purpose of this Act; (

c) authorizing and respecting the establishment of programs and other measures for the purposes of

section 13; (

d) providing for the establishment of regulatory boards to exercise rights, powers and duties delegated to them under

section 19; (

e) providing for the appointment of the members of a regulatory board, including, without limitation, the number of members, the method of appointment of members, the terms of office of members and the filling of vacancies and the remuneration and benefits to which members are entitled; 36

(

f) respecting the manner in which the costs of the administration of the business and affairs of a regulatory board are to be paid for including, without limitation, regulations (

i) authorizing the board to collect money by the levy of assessments on persons or classes of persons specified in the regulation, and respecting the manner in which such assessments are to be imposed and collected, and (ii) authorizing the board to use money in any fund for which it is responsible for the purposes of those costs of administration; (

g) respecting the administration of the Environmental Protection Security Fund. Adoption by reference 36 A regulation under this Act may adopt or incorporate in whole or part or with modifications documents that set out standards, codes, guidelines or other rules relating to any matter in respect of which a regulation may be made under this Act.

PART 2 ENVIRONMENTAL ASSESSMENT PROCESS AND APPROVALS

Definitions37 In this Part, (a) “environmental assessment process” means the procedure established under Division 1 for reviewing proposed activities; (b) “environmental impact assessment report” means an environmental impact assessment report required to be prepared under this Part; (c) “mandatory activity” means an activity designated as a mandatory activity under the regulations; (d) “proponent” means a person, a department of the Government, a Government agency or a department or agency of a government of another jurisdiction that undertakes a proposed activity; (e) “proposed activity” means 37

Purpose of environmental assessment process Any Director may require assessment (

i) an activity that has not been commenced, (ii) an activity that is being carried on and for which an approval, other than a renewal, is required but has not been obtained, (iii) a change to an activity where the change is one to which

section 64(1) applies and, in the Director’s opinion, is of a substantial nature, and (iv) in the case of an activity that is the subject of an approval and is carried out in stages, those stages of the activity that are not yet covered by the approval. Division 1 Environmental Assessment Process 38 The purpose of the environmental assessment process is (

a) to support the goals of environmental protection and sustainable development, (

b) to integrate environmental protection and economic decisions at the earliest stages of planning an activity, (

c) to predict the environmental, social, economic and cultural consequences of a proposed activity and to assess plans to mitigate any adverse impacts resulting from the proposed activity; (

d) to provide for the involvement of the public, proponents, departments of the Government and Government agencies in the review of proposed activities. 39 Where any Director is of the opinion that the potential environmental impacts of a proposed activity warrant further consideration under the environmental assessment process, that Director may refer the proponent or the proposed activity to the Director who is designated for the purposes of sections 41 to 54 so that the proposed activity may be dealt with under

section 42. 38

Definition40 In sections 41 to 54, “Director” means the Director who is designated for the purposes of those sections. Director’s power to require environmental assessment 41 Where the Director is of the opinion that the potential environmental impacts of a proposed activity warrant further consideration under the environmental assessment process, the Director may by notice in writing to the proponent advise the proponent that the proposed activity must be dealt with under

section 42. Initial review by Director 42(1) Where a proponent or a proposed activity is referred to the Director under

section 39, where the Director gives a notice unde

section 41 or where a proponent on his own initiative consults with the Director in respect of the application of this Division to a proposed activity, the Director shall, (

a) if the proposed activity is a mandatory activity, direct the proponent by order in writing to prepare and submit an environmental impact assessment report in accordance with this Division, or (

b) if the proposed activity is not a mandatory activity, (

i) ensure that further assessment of the proposed activity is undertaken where the Director is of the opinion that the potential environmental impacts of the proposed activity warrant further consideration under the environmental assessment process, or (ii) make a decision that further assessment of the proposed activity is not required and, if it is an activity for which an approval is required, advise the proponent that it may apply for the approval.

(2) The Director may require a proponent to submit a disclosure document in the form and containing the information required by the Director to assist the Director in making a decision under subsection (1)(b).

(3) In making a decision under subsection (1)(

b) the Director shall consider the following: (

a) the location, size and nature of the proposed activity; 39

Whether environmental impact assessment report required (

b) the complexity of the proposed activity and the technology to be employed in it; (

c) any concerns in respect of the proposed activity that have been expressed by the public of which the Director is aware; (

d) the presence of other similar activities in the same general area; (

e) any other criteria established in the regulations; (

f) any other factors the Director considers to be relevant

(4) The Director shall notify the proponent (

a) in writing of a decision made under subsection (1)(b)(i), and (

b) orally or in writing of a decision made under subsection (1)(b)(ii).

(5) The proponent shall provide notice of a decision of the Director under subsection (1)(b)(

i) in accordance with the regulations.

(6) Any person who is directly affected by a proposed activity that is the subject of a decision of the Director under subsection (1)(b)(

i) may, within 30 days after the last notice under subsection (5) or within any longer period allowed by the Director in the notice, submit a written statement of concern to the Director setting out the person’s concerns with respect to the proposed activity. 43(1) Where the Director decides under

section 42(l)(b)(

i) that further assessment of a proposed activity is required, the Director shall in accordance with the regulations (

a) prepare a screening report regarding the need for the preparation of an environmental impact assessment report, and (

b) decide whether preparation of an environmental impact assessment report is required.

(2) The Director shall make the screening report available in accordance with the regulations. 40

(3) Where the Director decides under subsection (1) that preparation of an environmental impact assessment report is not required, the Director shall advise the proponent of that fact and, if the activity is one for which an approval is required, advise the proponent that it may apply for the approval.

(4) Where the Director decides under subsection (1) that preparation of an environmental impact assessment report is required, the Director shall by order in writing direct the proponent to prepare and submit the report in accordance with this Division.

(5) The Director shall provide notice of his decision regarding preparation of an environmental impact assessment report under subsection (l)(

b) in accordance with the regulations. Effect of statement of concern 44 The Director shall, in accordance with the regulations, give due consideration to all statements of concern that have been submitted and shall not make a decision under

section 43(l)(

b) until the applicable period referred to in

section 42(6) has expired. Minister may order environmental impact assessment report 45 If the Minister is of the opinion that an environmental impact assessment report is necessary because of the nature of a proposed activity, the Minister may by order in writing direct the proponent to prepare and submit the report in accordance with this Division, notwithstanding that (

a) the Director has not ordered an environmental impact assessment report, or (

b) the proposed activity is the subject of an exemption under regulations under

section 57(b). Terms of reference 46(1) Where a proponent is required to prepare an environmental impact assessment report, the proponent shall prepare proposed terms of reference for the preparation of the report in accordance with requirements specified by the Director and shall submit the proposed terms of reference to the Director.

(2) The proponent shall provide notice of the proposed terms of reference and make them available in accordance with the regulations.

(3) After allowing what the Director considers to be a reasonable time for the receipt of comments in respect of the proposed terms of reference, and after giving due consideration to those comments, the Director shall issue final terms of reference for the preparation of the report to the proponent. 41

(4) The Director shall make the final terms of reference available in accordance with the regulations. Contents of environmental impact assessment report 47 An environmental impact assessment report shall be prepared in accordance with the final terms of reference issued by the Director under

section 46(3) and shall include the following information unless the Director provides otherwise: (

a) a description of the proposed activity and an analysis of the need for the activity; (

b) an analysis of the site selection procedure for the proposed activity, including a statement of the reasons why the proposed site was chosen and a consideration of alternative sites; (

c) an identification of existing baseline environmental conditions and areas of major concern that should be considered; (

d) a description of potential positive and negative environmental, social, economic and cultural impacts of the proposed activity, including cumulative, regional, temporal and spatial considerations; (

e) an analysis of the significance of the potential impacts identified under clause (d); (

f) the plans that have been or will be developed to mitigate the potential negative impacts identified under clause (d); (

g) an identification of issues related to human health that should be considered; (

h) a consideration of the alternatives to the proposed activity, including the alternative of not proceeding with the proposed activity; (

i) the plans that have been or will be developed to monitor environmental impacts that are predicted to occur and the plans that have been or will be developed to monitor proposed mitigation measures; (

j) the contingency plans that have been or will be developed in order to respond to unpredicted negative impacts; 42

(

k) the plans that have been or will be developed for waste minimization and recycling; (1) the manner in which the proponent intends to implement a program of public consultation in respect of the undertaking of the proposed activity and to present the results of that program; (

m) the plans that have been or will be developed to minimize the production or the release into the environment of substances that may have an adverse effect; (

n) the final terms of reference issued by the Director under

section 46(3); (

o) any other information that the Director considers necessary to assess the proposed activity. Submission of report 48 The proponent shall submit the environmental impact assessment report to the Director for review. Provision of further information 49 The Director may, at any time after receipt of an environmental impact assessment report under

section 48, require the proponent to submit to the Director any additional information respecting the proposed activity that the Director considers necessary for the review of the proposed activity. Publication of environmental impact assessment report 50 The Director shall require the proponent to publish the environmental impact assessment report and otherwise make it available in accordance with the regulations. Powers of Director 51 Where in the opinion of the Director an environmental impact assessment report is complete the Director shall (

a) advise the Energy Resources Conservation Board that the report is complete, in a case where the proposed activity is one in respect of which the approval of the Energy Resources Conservation Board is required, (

b) advise the Natural Resources Conservation Board that the report is complete, in a case where the proposed activity is a reviewable project within the meaning of the Natural Resources Conservation Board Act, or 43

Powers of Minister Additional power of Minister Register of environmental assessment information Inter jurisdictional agreements re environmental assessment (

c) In any other case, submit the environmental impact assessment report to the Minister together with any further information and any recommendations that the Director considers appropriate. 52(1) Subject to

section 62(1), where the Director submits an environmental impact assessment report to the Minister and the proposed activity is one in respect of which an approval is required, the Minister may advise the proponent that the proponent may apply for an approval.

(2) Notwithstanding anything in this Act, the Minister may refer a proposed activity to the Lieutenant Governor in Council with the recommendation that the Lieutenant Governor in Council make an order prescribing the proposed activity as a reviewable project within the meaning of the Natural Resources Conservation Board Act. 53 Where the Director submits an environmental impact assessment report to the Minister, the Minister may make any recommendations in respect of the proposed activity that he considers necessary to any person, department of the Government or Government agency or department or agency of any other government that may thereafter be dealing with the proposed activity. 54 The Director shall establish and maintain in accordance with the regulations a register containing such documents and other information as the regulations require that are provided to the Director or created or issued by the Director under this Division. 55 Where an enactment of Canada or of another province contains provisions that operate for substantially the same purpose as corresponding provisions of this Division, the Minister may, with respect to a proposed activity that is governed in part by the laws of Alberta and in part by the laws of Canada or the other province, enter into an agreement or arrangement with any Minister or agency of the Government of Canada or of the other province for any or all of the following purposes: (

a) to determine what aspects of the activity are governed by the laws of both jurisdictions; (

b) to provide for the carrying out jointly by both jurisdictions of 44

Ministerial regulations (

i) the environmental assessment process, or any part of it, for the purposes of this Division, or (ii) the provisions in any enactment of the other jurisdiction that operate for substantially the same purpose as this Division; (

c) to provide for the adoption by one or both jurisdictions, for the purposes of their environmental assessment requirements, of (

i) all or part of the environmental assessment or review process of the other jurisdiction, and (ii) reports and similar documents prepared by or under the authority of the laws of the other jurisdiction as part of the environmental assessment or review process of that jurisdiction. 56 The Minister may make regulations (

a) respecting the establishment and maintenance of a register for the purposes of

section 54; (

b) establishing procedures governing the environmental assessment process; (

c) varying the application of this Division as necessary in a case where an agreement or arrangement is entered into under

section 55; (

d) establishing mechanisms and procedures (

i) for the publishing, providing or making available of anything required to be published, provided or made available under this Division, and (ii) for the providing of any notice required to be provided under this Division; (

e) respecting the preparation of screening reports for the purposes of

section 43; 45

Lieutenant Governor in Council regulations Prohibition Prohibition Exception Compliance with other requirements No approval on Minister’s order (

f) respecting the form and content of environmental impact assessment reports; (

g) respecting the form and content of orders under sections 43(4) and 45; (

h) respecting proposed and final terms of reference for the purposes of

section 46. 57 The Lieutenant Governor in Council may make regulations (

a) designating mandatory activities; (

b) exempting proposed activities or classes of proposed activities from the application of the environmental assessment process. Division 2 Approvals and Certificates 58 No person shall knowingly commence or continue any activity designated by the regulations as requiring an approval unless that person holds the appropriate approval. 59 No person shall commence or continue any activity designated by the regulations as requiring an approval unless that person holds the appropriate approval. 60 Nothing in

section 58 or 59 prohibits the doing of any work that is specified in the regulations as being work that is permitted to enable a proponent to comply with Division 1. 61 Unless the regulations provide otherwise, the Director may not issue an approval without being satisfied that Division 1, if applicable, has been complied with. 62(1) Where the Minister is of the opinion that a proposed activity should not proceed because it is not in the public interest having regard to the purposes of this Act, the Minister may at any time by notice in writing to the proponent, with a copy to the Director, order that no approval be issued in respect of the proposed activity. 46

(2) Where the Minister has made an order under subsection (1) in respect of a proposed activity, the Director may not issue an approval in respect of that proposed activity. Application for approval 63(1) An application for an approval must be made in the manner provided for in the regulations and must contain and be accompanied by the information required by the regulations.

(2) The Director may require an applicant for an approval to submit any additional information the Director considers necessary. Change of activity or thing subject to an approval 64(1) No person shall in any manner change an activity that is the subject of an approval unless an approval or an amendment to an approval authorizing the change is issued by the Director.

(2) A person who wishes to change an activity under subsection (1) shall apply to the Director in accordance with the regulations.

(3) This

section does not apply to adjustments, repairs, replacements or maintenance made in the normal course of operations. Issue of approval 65(1) The Director may issue or refuse to issue an approval.

(2) The Director may issue an approval subject to any terms and conditions the Director considers appropriate.

(3) The terms and conditions of an approval may be more stringent, but may not be less stringent, than applicable terms and conditions provided for in the regulations.

(4) In making a decision under this

section the Director (

a) shall, in addition to any criteria that the Director is required by the regulations to consider, consider any applicable written decision of the Energy Resources Conservation Board or the Natural Resources Conservation Board in respect of the subject-matter of the approval, and (

b) may consider any evidence that was before the Energy Resources Conservation Board or the Natural Resources Conservation Board in relation to that written decision.

(5) The Director may issue an approval for a specified period. 47

Extension of expiry date of approval 66(1) The Director may extend the expiry date of an approval for one or more periods of not more than one year each.

(2) The 2nd extension and any subsequent extensions under subsection (1) (

a) may be made only where the Director is of the opinion that the extension is necessary to allow for the effective public review of the renewal of the approval, and (

b) shall, for the purposes of the provisions of this Division that require the giving of notice and for the purposes of

Part 3, be treated as if they were amendments of a term or condition of the approval made under the authority of

section 67(3)(a). Amendment, suspension and cancellation of approvals 67(1) On application by an approval holder the Director may, in accordance with the regulations, (

a) amend a term or condition of, add a term or condition to or delete a term or condition from an approval, or (

b) cancel an approval, if the Director considers it appropriate to do so.

(2) An application under subsection (1)(

a) must be made in the manner provided for in the regulations.

(3) If the Director considers it appropriate to do so, the Director may on his own initiative in accordance with the regulations (

a) amend a term or condition of, add a term or condition to or delete a term or condition from an approval (

i) if in the Director’s opinion an adverse effect that was not reasonably foreseeable at the time the approval was issued has occurred or may occur, (ii) if the term or condition relates to a monitoring or reporting requirement, (iii) where the purpose of the amendment, addition or deletion is to address matters 48

related to a temporary suspension of the activity by the approval holder, or (iv) where the approval is transferred, sold, leased, assigned or otherwise disposed of under

section 72, (

b) cancel or suspend an approval, or (

c) correct a clerical error in an approval. Director’s power to modify 68 Where the Director (

a) issues an approval, or (

b) amends a term or condition of, adds a term or condition to or deletes a term or condition from an approval, the Director may do so as originally contemplated in the application or proposal or with modifications. Notice of applications and proposed changes 69(1) Where the Director receives (

a) an application for an approval under

section 63, (

b) an application under

section 64(2) in respect of a change to an activity, or (

c) an application under

section 67(1)(

a) to amend a term or condition of, add a term or condition to or delete a term or condition from an approval, the Director shall, in accordance with the regulations, provide or require the applicant to provide notice of the application.

(2) Where the Director proposes to make an amendment, addition or deletion pursuant to

section 67(3)(a), the Director shall provide notice to that effect in accordance with the regulations.

(3) Notwithstanding subsection (1) or (2), where the Director is satisfied that (

a) there is an emergency, (

b) the activity to which the application relates or the proposed amendment, addition, deletion or change is 49

a routine matter within the meaning of the regulations, or (

c) adequate notice of the subject-matter of the application or the proposed amendment, addition, deletion or change has already been given, the Director may waive the notice requirements set out in subsections (1) and (2).

(4) The Director may waive notice in accordance with subsection (3)(

c) notwithstanding that some or all of the adequate notice referred to in that subsection was given before the coming into force of this section. Statement of concern 70(1) Where notice is provided under

section 69(1) or (2), any person who is directly affected by the application, amendment, addition, deletion or change, including the approval holder in a case referred to in

section 69(2), may submit to the Director a written statement of concern setting out that person’s concerns with respect to the application or the proposed amendment, addition, deletion or change.

(2) A statement of concern must be submitted within 30 days after the last providing of the notice or within any longer period determined by the Director in the notice. Notice of decision taken 71

(1) Where the Director (

a) issues an approval, (

b) makes an amendment, addition or deletion pursuant to an application under

section 67(l)(a), or (

c) makes an amendment, addition or deletion pursuant to

section 67(3)(a), the Director shall, (

d) where no notice of the application or proposed changes was provided by reason of the operation of

section 69(3), provide or require the provision of notice of the decision in accordance with the regulations, or (

e) where notice of the application or proposed changes was provided under

section 69(1) or (2), provide notice or require the provision of notice of the 50

decision in accordance with the regulations to every person who submitted a statement of concern in accordance with

section 70.

(2) The Director shall give to the applicant or the approval holder, as the case may be, written notice of any decision made by the Director to issue or refuse to issue an approval or to make or refuse to make an amendment, addition or deletion under this Division.

(3) The Director shall, in accordance with the regulations, provide to any person who submitted a statement of concern in accordance with

section 70 notice of any decision made by the Director to refuse to issue an approval or to refuse to make an amendment, addition or deletion under this Division.

(4) The Director shall immediately on cancelling or suspending an approval under

section 67(3)(b) (

a) give notice in writing of the cancellation or suspension to the approval holder, and (

b) provide notice of the cancellation or suspension in the manner provided for in the regulations. Transfer of approval 72(1) No person shall transfer, sell, lease, assign or otherwise dispose of an approval except in accordance with the regulations.

(2) The Director may impose any terms and conditions that the Director considers appropriate in respect of the transfer, sale, lease, assignment or other disposition of an approval. New information 73 An approval holder shall forthwith submit to the Director any new and relevant information respecting any actual or potential adverse effect that results from the activity to which the approval relates and comes to the approval holder’s attention after the issuance of the approval.

Certificate of variance74(1) An approval holder and any other person who is engaged in any activity that is governed by the regulations may apply to the Minister for a certificate of variance to vary a term or condition of the approval or a requirement of the regulations.

(2) An application for a certificate of variance shall be accompanied by information that shows the nature and extent of all consultations that the applicant has had with persons who will be directly affected by the proposed variance. 51

Issuance of certificate of variance 75(1) The Minister may issue a certificate of variance if the Minister is of the opinion that (

a) the activity to which the certificate relates is operating or is likely to operate in contravention of a term or condition of the approval or a requirement of the regulations as a result of factors beyond the control of the applicant, (

b) the proposed variance is not likely to cause a significant adverse effect, and (

c) refusal to grant a certificate of variance would result in serious economic hardship to the applicant without an offsetting benefit to others.

(2) The Minister may (

a) impose any terms and conditions that the Minister considers appropriate with respect to any certificate of variance, (

b) specify requirements as to the manner in which the activity to which the certificate of variance relates is to be carried on or operated, and (

c) amend a term or condition of, add a term or condition to or delete a term or condition from a certificate of variance.

(3) The Minister shall require the holder of the certificate of variance to provide notice of the issuance of the certificate, together with the reasons for the issuance of the certificate, in the form and manner directed by the Minister.

(4) A certificate of variance is in effect only during the period prescribed in it and, notwithstanding anything in this Act, during that period (

a) the terms and conditions set out in the certificate, and (

b) the terms and conditions of the approval or the requirements of the regulations that are not varied by the certificate apply to the activity to which the certificate relates. 52

Certificate of qualification required 76 No person shall commence or continue any activity or the use of any thing that is designated by the regulations as an activity or thing in respect of which a certificate of qualification is required, unless that person holds the appropriate certificate of qualification. Application for certificate of qualification 77(1) An application for a certificate of qualification shall be made to the Director in accordance with the regulations.

(2) The Director may require an applicant for a certificate of qualification to submit any additional information the Director considers necessary. Issuance of certificate of qualification 78(1) The Director may issue or refuse to issue a certificate of qualification in accordance with the regulations.

(2) The Director may issue a certificate of qualification subject to any terms and conditions the Director considers appropriate.

(3) The terms and conditions of a certificate of qualification may be more stringent, but may not be less stringent, than applicable terms and conditions provided for in the regulations.

(4) A certificate of qualification is valid for the term prescribed in the regulations. Amendment and cancellation 79(1) The Director may in accordance with the regulations (

a) amend a term or condition of, add a term or condition to or delete a term or condition from a certificate of qualification if the Director considers it appropriate to do so, (

b) cancel a certificate of qualification if the Director considers that it is appropriate to do so, (

c) correct a clerical error in a certificate of qualification, or (

d) cancel a certificate of qualification on application of the holder of the certificate of qualification.

(2) The Director shall give notice in writing to the holder of a certificate of qualification at least 30 days in advance of making an amendment, addition or deletion under subsection (1)(a). 53

Security80(1) If required by the regulations, an applicant for or a holder of an approval, a certificate of qualification or a certificate of variance shall provide financial or other security and carry insurance in respect of the activity or thing to which the approval or certificate of qualification relates. (2) Subsection (1) does not apply to the Government or a Government agency. Ministerial regulations 81(1) The Minister may make regulations (

a) designating activities or classes of activities in respect of which an approval is required, and specifying the kind of approval required; (

b) exempting any activities or classes of activities related to storing and processing designated material from all or any of the provisions of this Part or of the regulations, for a period of time or permanently, with or without conditions; (

c) designating activities or things or classes of activities or things in respect of which a certificate of qualification is required, and specifying the kind of certificate of qualification that is required; (

d) respecting the procedure for the submission of applications for approvals and certificates of qualification and amendments to approvals and certificates of qualification, the form and content of the applications, the conditions required to be met by applicants and the kinds of plans and specifications that must accompany applications; (

e) providing for the acceptance of certificates and qualifications from other jurisdictions as equivalents to certificates and qualifications required under this Act; (

f) establishing the administrative and referral procedures by which applications for approvals and certificates of qualification and amendments to approvals and certificates of qualification may be dealt with; (

g) specifying requirements as to the manner in which an activity that is the subject of an approval is to be 54

Lieutenant Governor in Council regulations tested or operated before normal operations commence; (

h) specifying work that is permitted for the purposes of

section 60; (

i) respecting the transfer, sale, lease, assignment or other disposition of approvals; (

j) requiring operators of equipment that may have an impact on the environment to meet specified eligibility requirements as to training or experience or both; (

k) respecting the taking of samples of any thing and regulating the frequency, methods and procedures in respect of the sampling; (

l) respecting the submission of reports and returns in respect of activities; (

m) respecting the records to be kept in respect of an activity, the form of them and the person by whom, the place at which and the length of time for which they are to be kept; (

n) requiring the submission of records to the Director and providing for the inspection of records by the Director.

(2) A regulation may be made under subsection (1)(j), (k), (l), (

m) or (

n) whether or not it relates to an activity in respect of which an approval is required. 82(1) The Lieutenant Governor in Council may make regulations (

a) respecting the terms and conditions on which approvals and certificates of qualification may be granted and to which they are subject; (

b) prescribing the length of time for which approvals and certificates of qualification may be issued and permitting the Director to issue an approval or certificate of qualification for a shorter period of time than prescribed in the regulations; (

c) respecting the form and amount of financial or other security to be given and insurance to be carried by 55

an applicant for or a holder of an approval, a certificate of qualification or a certificate of variance; (

d) respecting the manner in which and the conditions under which any money that is deposited as security by an approval holder or the holder of a certificate of qualification or a certificate of variance may be forfeited or returned, in whole or in part; (

e) governing and prohibiting any activity or the use of any thing for the purposes of the protection of the environment, including regulations governing the design, construction, maintenance or use of the activity or thing; (

f) governing and prohibiting the manufacture, sale or use of any equipment, device or service designed or provided for any purpose related to the protection of the environment; (

g) respecting the manner in which notice is to be provided under sections 69(1) and (2) and 71(1) and (3); (

h) establishing or providing for the means of establishing what is a routine matter for the purposes of

section 69(3)(b); (

i) generally, providing for any other matters necessary for the purposes of this Part.

(2) A regulation may be made under subsection (l)(e), (

f) or (

i) whether or not it relates to an activity in respect of which an approval is required.

PART 3 ENVIRONMENTAL APPEAL BOARD Environmental Appeal Board established 83(1) There is hereby established the Environmental Appeal Board consisting of persons appointed by the Lieutenant Governor in Council.

(2) The Board shall hear appeals as provided for in this Act and in

section 17.1 of the Department of the Environment Act.

(3) When a panel is convened under

section 86(1), the panel has all the powers of the Board and is subject to all the same duties the 56

Notice of objection Board is subject to, and a reference in this Act to the Board shall be read as a reference to the panel. 84(1) A notice of objection may be submitted to the Board by the following persons in the following circumstances: (

a) where the Director (

i) issues an approval, (ii) makes an amendment, addition or deletion pursuant to an application under

section 67(l)(a), or (iii) makes an amendment, addition or deletion pursuant to

section 67(3)(a), a notice of objection may be submitted (iv) by the approval holder or by any person who previously submitted a statement of concern in accordance with

section 70 and is directly affected by the Director’s decision, in a case where notice of the application or proposed changes was provided under

section 69(1) or (2), or (

v) by the approval holder or by any person who is directly affected by the Director’s decision, in a case where no notice of the application or proposed changes was provided by reason of the operation of

section 69(3); (

b) where the Director refuses to issue an approval or to make an amendment, addition or deletion pursuant to an application under

section 67(l)(a), the applicant may submit a notice of objection; (

c) where the Director cancels or suspends an approval under

section 67(3)(b), the approval holder may submit a notice of objection; (

d) where the Director cancels a certificate of qualification under

section 79(1)(b), the holder of the certificate of qualification may submit a notice of objection; 57

(

e) where the Director issues an enforcement order under

section 198(l)(a), (

b) or (c), the person to whom the order is directed may submit a notice of objection; (

f) where an inspector issues an environmental protection order regarding conservation and reclamation under

section 124 or 125, the person to whom the order is directed may submit a notice of objection; (

g) where the Director issues an environmental protection order under

section 113 (

i) the person to whom the order is directed, and (ii) any person who is directly affected by the designation of the contaminated site may submit a notice of objection; (

h) where the Director issues an environmental protection order, (except an environmental protection order directing the performance of emergency measures under

section 103,135,143 or 152 and an environmental protection order referred to in clause (g)) the person to whom the order is directed may submit a notice of objection; (

i) where an inspector issues a reclamation certificate under

section 122, or the Director amends a reclamation certificate under

section 123, the operator and any person who receives a copy of the certificate or amendment under

section 129 may submit a notice of objection; (

j) where the Director designates an area as a contaminated site under

section 109, any person who is directly affected by the designation may submit a notice of objection; (

k) where the Director requires a person to pay an administrative penalty under

section 221, the person to whom the notice is directed may submit a notice of objection; (

l) where the Director refuses a request for confidentiality under

section 33(5)(b), the person to whom the notice is directed under

section 33(6) may submit a notice of objection. 58

Additional information Hearing of appeal

(2) Notwithstanding subsection (1)(b), where the Director refuses to issue an approval pursuant to an order of the Minister under

section 62, no notice of objection may be submitted in respect of that refusal.

(3) Where an activity prescribed in the regulations for the purposes of this subsection is the subject of an approval and is carried out in stages, and where the Director issues an approval in respect of a stage, no notice of objection may be submitted in respect of a stage that is already covered by the approval.

(4) A notice of objection must be submitted to the Board (

a) not later than 7 days after receipt of a copy of the enforcement order or the environmental protection order, in a case referred to in subsection (1)(e), (

f) or (h), (

b) not later than one year after receipt of a copy of the reclamation certificate, in a case referred to in subsection (1)(

i) relating to the issuing of a reclamation certificate, and (

c) not later than 30 days after receipt of notice of the decision objected to or the last provision of notice of the decision objected to, as the case may be, in any other case.

(5) The Board may, on application made before or after the expiry of the period referred to in subsection (4), extend that period, where the Board is of the opinion that there are sufficient grounds to do so.

(6) A notice of objection must contain the information and be made in the manner provided for in the regulations.

(7) A notice of objection operates as an appeal of the decision objected to. 85 Where the Board receives a notice of objection it may by written notice given to the person who submitted the notice of objection require the submission of additional information specified in the written notice by the time specified in the written notice. 86(1) Subject to subsection (2), on receipt of a notice of objection the Board shall, within the period of time prescribed in the regulations, 59

(

a) convene a panel of Board members to hear the appeal and appoint a person to chair the panel, (

b) set a date for the hearing of the appeal, and (

c) conduct the hearing of the appeal.

(2) The Board may, on application by any person who has submitted a notice of objection or on its own motion, extend any period of time prescribed in the regulations for the purposes of subsection (1) where the Board is of the opinion that there are sufficient grounds to do so. Powers and duties of Board 87(1) The Board has all the powers of a commissioner under the Public Inquiries Act.

(2) Prior to conducting a hearing the Board may in accordance with the regulations determine which matters included in notices of objection properly before it will be included in the hearing of the appeal, and in making that determination the Board may consider the following: (

a) whether the matter was the subject of a public hearing or review under the Natural Resources Conservation Board Act or under any Act administered by the Energy Resources Conservation Board and whether the person submitting the notice of objection received notice of and participated in or had the opportunity to participate in the hearing or review; (

b) whether the Government has participated in a public review in respect of the matter under

section 35 of the Environmental Assessment and Review Process Guidelines Order made under the Department of the Environment Act (Canada); (

c) whether the Director has complied with

section 65(4)(a); (

d) whether any new information will be presented to the Board that is relevant to the decision appealed from and was not available to the person who made the decision at the time the decision was made; (

e) any other criteria specified in the regulations.

(3) Prior to making a decision under subsection (2) the Board may, in accordance with the regulations, give to a person who has 60

submitted a notice of objection and to any other person the Board considers appropriate, an opportunity to make representations to the Board with respect to which matters should be included in the hearing of the appeal.

(4) Where the Board determines that a matter will not be included in the hearing of an appeal, no representations may be made on that matter at the hearing.

(5) The Board (

a) may dismiss a notice of objection if (

i) it considers the notice of objection to be frivolous or vexatious, (ii) the person who submitted the notice of objection fails to comply with a written notice under

section 85, or (iii) the person who submitted the notice of objection fails to provide security in accordance with an order under

section 89(3)(b), and (

b) shall dismiss a notice of objection if in the Board’s opinion (

i) the person submitting the notice of objection received notice of or participated in or had the opportunity to participate in one or more hearings or reviews under the Natural Resources Conservation Board Act or any Act administered by the Energy Resources Conservation Board at which all of the matters included in the notice of objection were considered, or (ii) the Government has participated in a public review under

section 35 of the Environmental Assessment and Review Process Guidelines Order under the Department of the Environment Act (Canada) in respect of all of the matters included in the notice of objection.

(6) Subject to subsections (4) and (5), the Board shall, consistent with the principles of natural justice, give the opportunity to make 61

Costs Stay of decision Decision of Board representations on the matter before the Board to any persons who the Board considers should be allowed to make representations.

(7) The Board shall discontinue its proceedings in respect of a notice of objection if the notice of objection is withdrawn.

(8) Subject to the regulations, the Board may establish its own rules and procedures for dealing with matters before it. 88 The Board may award costs of and incidental to any proceedings before it on a final or interim basis and may, in accordance with the regulations, direct by whom and to whom any costs are to be paid. 89(1) Subject to subsection (2), submitting a notice of objection does not operate to stay the decision objected to.

(2) The Minister may, on the application of a party to a proceeding before the Board, stay a decision in respect of which a notice of objection has been submitted.

(3) Where an application for a stay relates to the issuing of an enforcement order or an environmental protection order and is made by the person to whom the order was directed, the Minister may, if he is of the opinion that an immediate and significant adverse effect may result if certain terms and conditions of the order are not carried out, (

a) order the Director to take whatever action the Director considers to be necessary to carry out those terms and conditions and to determine the costs of doing so, and (

b) order the person to whom the order was directed to provide security in accordance with the regulations in the form and amount the Minister considers necessary to cover the costs referred to in clause (a). 90(1) In the case of a notice of objection submitted under

section 84(1)(

k) or (l), the Board shall, within 30 days after the completion of the hearing of the appeal, make a written decision on the matter.

(2) The Board may extend the 30-day period referred to in subsection (1) before or after the expiry of the period.

(3) In its decision the Board may 62

Report to Minister Decision by Minister (

a) confirm, reverse or vary the decision appealed and make any decision that the Director whose decision was appealed could make, and (

b) make any further order the Board considers necessary for the purposes of carrying out the decision.

(4) On making its decision the Board shall immediately (

a) give notice of the decision to all persons who submitted notices of objection or made representations to the Board and to all other persons who the Board considers should receive notice of the decision, and (

b) make the written decision available in accordance with the regulations. 91(1) In the case of a notice of objection referred to in

section 84(l)(

a) to (j), the Board shall within 30 days after the completion of the hearing of the appeal submit a report to the Minister, including its recommendations and the representations or a

summary of the representations that were made to it

(2) The Minister may extend the 30-day period referred to in subsection (1) on application by the Board before or after the expiry of the period. 92(1) On receiving the report of the Board the Minister may, by order, (

a) confirm, reverse or vary the decision appealed and make any decision that the person whose decision was appealed could make, (

b) make any direction that the Minister considers appropriate as to the forfeiture or return of any security provided under

section 89(3)(b), and (

c) make any further order that the Minister considers necessary for the purpose of carrying out the decision.

(2) The Minister shall immediately give notice of any decision made under this

section to all persons who submitted notices of objection or made representations to the Board and to all other 63

Publication of Board’s report Ministerial regulations Lieutenant Governor in Council regulations persons who the Minister considers should receive notice of the decision. 93 On complying with

section 92, the Minister shall publish or otherwise make available the Board’s report and recommendations or a

summary of them and a notice of his decision in the manner the Minister considers appropriate. 94 The Minister may make regulations (

a) respecting the form and content of a notice of objection; (

b) prescribing periods of time for the purposes of

section 86(1); (

c) respecting the conduct of proceedings before the Board; (

d) prescribing the criteria to be considered by the Board in directing interim or final costs to be paid; (

e) respecting the manner in which written decisions of the Board are to be made available for the purposes of

section 90(4); (

f) generally for regulating the conduct and work of the Board. 95 The Lieutenant Governor in Council may make regulations (

a) respecting the appointment and membership of the Board and providing for the remuneration and travel and living expenses that are payable to members of the Board; (

b) prescribing additional criteria to be considered by the Board for the purposes of

section 87(2)(e); (

c) prescribing the activities to which

section 84(3) applies; (

d) respecting financial or other security for the purposes of

section 89(3)(b). 64

PART 4 RELEASE OF SUBSTANCES

Interpretation and application 96(1) In this Part, (a) “owner of a substance” means the owner of the substance immediately before or during the release of the substance; (b) “person having control of a substance” means the person having charge, management or control of the substance; (c) “person responsible for the contaminated site” means (

i) a person responsible for the substance that is in, on or under the contaminated site, (ii) any other person who the Director considers to have been responsible for causing or contributing to the release of the substance into the environment, (iii) the owner of the contaminated site, (iv) any previous owner of the contaminated site who was the owner at any time when the substance was in, on or under the contaminated site, (

v) a successor, assignee, executor, administrator, receiver, receiver-manager or trustee of a person referred to in any of subclauses (ii) to (iv), and (vi) a person who acts as the principal or agent of a person referred to in any of subclauses (ii) to (v).

(2) Sections 99 to 101 apply only to releases of substances that are not authorized by an approval or the regulations. Division 1 Releases of Substances Generally Prohibited release where approval or regulation 97(1) No person shall knowingly release or permit the release of a substance into the environment in an amount, concentration or level or at a rate of release that is in excess of that expressly prescribed by an approval or the regulations. 65

Prohibited release where no approval or regulation Duty to report release

(2) No person shall release or permit the release of a substance into the environment in an amount, concentration or level or at a rate of release that is in excess of that expressly prescribed by an approval or the regulations.

(3) For the purposes of this section, if there is a conflict between an approval and the regulations as to an amount, concentration, level or rate of release of a substance, the most stringent requirement prevails. 98(1) No person shall knowingly release or permit the release into the environment of a substance in an amount, concentration or level or at a rate of release that causes or may cause a significant adverse effect.

(2) No person shall release or permit the release into the environment of a substance in an amount, concentration or level or at a rate of release that causes or may cause a significant adverse effect (3) Subsections (1) and (2) apply only where the amount, concentration, level or rate of release of the substance is not authorized by an approval or the regulations.

(4) No person may be convicted of an offence under this

section if that person establishes that the release was authorized by another enactment of Alberta or Canada. 99(1) A person, other than the person having control of the substance, who releases or causes or permits the release of a substance into the environment that has caused, is causing or may cause an adverse effect shall, as soon as that person knows or ought to know of the release, report it to (

a) the Director, (

b) the owner of the substance, where the person reporting knows or is readily able to ascertain the identity of the owner, (

c) the person having control of the substance, where the person reporting knows or is readily able to ascertain the identity of the person having control, and (

d) any other person who the person reporting knows or ought to know may be directly affected by the release. 66

(2) The person having control of a substance that is released into the environment that has caused, is causing or may cause an adverse effect shall, immediately on becoming aware of the release, report it to the persons referred to in subsection (l)(a), (

b) and (

d) unless the person having control has reasonable grounds to believe that those persons already know of the release.

(3) A police officer or employee of a local authority or other public authority who is informed of or who investigates a release of a substance into the environment that has caused, is causing or may cause an adverse effect shall immediately notify the Director of the release unless the police officer or employee has reasonable grounds to believe that it has been reported by another person. Manner of reporting 100(1) A person who is required to report to the Director pursuant to

section 99 shall report in person or by telephone and shall include the following in the report, where the information is known or can be readily obtained by that person: (

a) the location and time of the release; (

b) a description of the circumstances leading up to the release; (

c) the type and quantity of the substance released; (

d) the details of any action taken and proposed to be taken at the release site; (

e) a description of the location of the release and the immediately surrounding area.

(2) In addition to a report under subsection (1), the person shall report in writing in the manner required by the regulations.

(3) A person who reports under subsections (1) and (2) shall give to the Director any additional information in respect of the release that the Director requires. Duty to take remedial measures 101 Where a substance that has caused, is causing or may cause an adverse effect is released into the environment, the person responsible for the substance shall, as soon as that person becomes aware or ought to have become aware of the release, (

a) take all reasonable measures to (

i) repair, remedy and confine the effects of the substance, and 67

and Environmental protection order for release (ii) remove or otherwise dispose of the substance in such a manner as to effect maximum protection to human life, health and the environment, (

b) restore the environment to a condition satisfactory to the Director. 102(1) Subject to subsection (2), where the Director is of the opinion that (

a) a release of a substance into the environment may occur, is occurring or has occurred, and (

b) the release may cause, is causing or has caused an adverse effect, the Director may issue an environmental protection order to the person responsible for the substance.

(2) Where the release of the substance into the environment is or was expressly authorized by and is or was in compliance with an approval or the regulations, the Director may not issue an environmental protection order under subsection (1) unless in the Director’s opinion the adverse effect was not reasonably foreseeable at the time the approval was issued or the regulations were made, as the case may be.

(3) An environmental protection order may order the person to whom it is directed to take any measures that the Director considers necessary, including, but not limited to, any or all of the following: (

a) investigate the situation; (

b) take any action specified by the Director to prevent the release; (

c) measure the rate of release or the ambient concentration, or both, of the substance; . (

d) minimize or remedy the effects of the substance on the environment; (

e) restore the area affected by the release to a condition satisfactory to the Director, 68

Emergency environmental protection order Emergency measures and notification (

f) monitor, measure, contain, remove, store, destroy or otherwise dispose of the substance, or lessen or prevent further releases of or control the rate of release of the substance into the environment; (

g) install, replace or alter any equipment or thing in order to control or eliminate on an immediate and temporary basis the release of the substance into the environment; (

h) construct, improve, extend or enlarge the plant, structure or thing if that is necessary to control or eliminate on an immediate and temporary basis the release of the substance into the environment; (

i) report on any matter ordered to be done in accordance with directions set out in the order. 103(1) Where an inspector, an investigator or the Director is of the opinion that (

a) a release of a substance into the environment may occur, is occurring or has occurred, and (

b) the release may cause, is causing or has caused an immediate and significant adverse effect, the inspector or investigator or the Director may issue an environmental protection order to the person responsible for the substance directing the performance of emergency measures that the inspector, investigator or Director considers necessary. (2) Subsection (1) applies whether or not the release of the substance into the environment is or was expressly authorized by or is or was in compliance with an approval or the regulations. 104(1) Where an inspector, an investigator or the Director is of the opinion that (

a) a release of a substance into the environment may occur, is occurring or has occurred, and (

b) the release may cause, is causing or has caused an immediate and significant adverse effect, the inspector, investigator or Director may take any emergency measures that the inspector, investigator or Director considers necessary to protect human life or health or the environment 69

Environmental protection orders re odour (2) Subsection (1) applies whether or not the release of the substance into the environment is or was expressly authorized by and is or was in compliance with an approval or the regulations.

(3) The inspector, investigator or Director shall forthwith notify Alberta Public Safety Services, the local authority of the municipality in which the substance is located and the medical officer of health of the health unit in which the substance is located of the emergency measures taken under subsection (1). 105(1) Where the Director is of the opinion that a substance or thing is causing or has caused an offensive odour, the Director may issue an environmental protection order to the person responsible for the substance or thing.

(2) An environmental protection order under this

section may order the person to whom it is directed to take any or all of the following measures: (

a) investigate the situation; (

b) take any action specified by the Director to prevent the offensive odour; (

c) minimize or remedy the effects of the offensive odour; (

d) monitor, measure, contain, remove, store, destroy or otherwise dispose of the substance or thing causing the offensive odour or lessen or prevent the offensive odour; (

e) install, replace or alter any equipment or thing in order to control or eliminate the offensive odour; (

f) construct, improve, extend or enlarge a plant, structure or thing if that is necessary to control or eliminate the offensive odour; (

g) take any other action the Director considers to be necessary; (

h) report on any matter ordered to be done in accordance with directions set out in the order. 70

Ministerial regulations 106(1) The Minister may make regulations (

a) classifying releases for the purposes of this Division and exempting any release or any class of release from the application of this Division, and attaching terms and conditions to any such exemption; (

b) respecting the manner in which a report under

section 100(2) is to be made; (

c) prescribing the concentration, including the maximum concentration, of a substance that may be released into the environment; (

d) prescribing the amount, including the maximum amount, of a substance that may be released into the environment; (

e) prescribing the level, including the maximum level, of a substance that may be released into the environment; (

f) prescribing the rate, including the maximum rate, at which a substance may be released into the environment; (

g) respecting the method or type of method or instrument for measuring or determining (

i) the concentration of a substance released into the environment, (ii) the weight of a substance released into the environment, (iii) the rate of release of a substance into the environment, and (iv) visible emissions; (

h) prescribing the point at which a measurement pursuant to the regulations is to take place; (

i) prescribing the maximum visible emissions permitted to be released; (

j) establishing a program for the certification of visible emission readers, including regulations respecting 71

Lieutenant Governor in Council regulations (

i) the manner in which visible emission readers are taught and certified, (ii) the issuing, suspension and cancellation of certificates of qualification, and (iii) the regulation of the activities of visible emission readers.

(2) Before making regulations under subsection (1)(c), (d), (e), (

f) or (

i) the Minister shall engage in such public consultation with respect to the proposed regulations as the Minister considers appropriate. 107 The Lieutenant Governor in Council may make regulations (

a) regulating and prohibiting the removal or rendering ineffective of any device, procedure or thing that reduces or prevents or is intended to reduce or prevent the release of any substance and that is attached or connected to or forms part of any thing; (

b) respecting the measures including levels of remedial requirements that may be required in an environmental protection order for the purposes of

section 102(3)(

e) including the incorporation or adoption for that purpose of documents that set out restoration guidelines; (

c) regulating the quantity and purity of water to be applied to land for the purpose of irrigation or watering of plant life if the water so applied may directly or indirectly cause an adverse effect; (

d) regulating or prohibiting any use of land or any action in respect of land as a result of which any substance is released on or under any land, including land (

i) adjacent to or underlying a watercourse, or (ii) adjacent to or overlying an aquifer; (

e) generally, for the protection of the environment and the regulation of sources of substances. 72

Application Designation of contaminated sites Notice of designation Division 2 Contaminated Sites 108 This Division applies regardless of when a substance became present in, on or under the contaminated site. 109(1) Where the Director is of the opinion that a substance that may cause, is causing or has caused a significant adverse effect is present in an area of the environment, the Director may designate an area of t

Document details

Collection	Alberta — Bills
Citation	L22 S4 2377
Type	bill
Volume / chapter	L22 S4 2377
Language	en
Format	json
Source	PROVINCIAL
Identifier	f0a5364f0b6653e40aeea1b7e8ba57a05376962a

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