|
- Updated to: February 13,
2013 -
(Includes Amendments Assented to
December 2, 2015)
and
(Includes
Amendments Assented to December 7, 2012)
(Click
HERE for Previous Version of this
Act)
CHAPTER E-9
ENVIRONMENTAL
PROTECTION ACT
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Definitions
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1. In this Act |
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agricultural crop |
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(a)
repealed by 2008,c.13,s.1; |
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animal
unit |
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(a.1)
repealed by 2008,c.13,s.1; |
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basal
area |
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(a.2)
repealed by 2001,c.34,s.1; |
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beach |
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(a.3)
"beach" includes that portion of the shoreline land commencing at |
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(i) the base
of the bank or slope where the terrestrial land meets the shoreline, or |
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(ii)
the seaward extremity of a sand dune, |
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as may be relevant in the circumstances and extending seaward a
distance of three miles, and containing water,
sand, gravel, rock,
shale or other earthen material;
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broadcast |
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(a.4) "broadcast" means to cast, spread, spray, or scatter seed, pesticides, or other material over an
area greater than 2 square meters per application;
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buffer
zone |
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(a.5) repealed by
2002.c.5.s.1; |
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cereal
crop |
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(a.6)
repealed by 2008,c.13,s.1; |
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clear-cut |
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(a.7)
repealed by
2008,c.13,s.1; |
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contaminant |
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(b)
"contaminant" includes any solid, liquid, gas, waste, odour, vibration, radiation, sound, or a combination of them |
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(i)
which is foreign to or in excess of the natural constituents of the environment into which it is being introduced, |
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(ii)
which will or may adversely affect, either directly or
indirectly, the natural, physical, chemical, or biological quality of the environment, |
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(iii)
which is or may be injurious to the health or safety of a person or be damaging to property or to plant or animal life, |
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(iv)
which interferes with or is likely to interfere with the comfort, well-being, livelihood, or enjoyment of life of a person, or |
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(v)
which is declared by regulation to be a contaminant; |
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contaminated site |
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(b.1) "contaminated
site" means an area of the environment designated as a contaminated site
by the Minister under subsection 21.1(3); |
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contaminated sites
registry |
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(b.2) "contaminated sites
registry" means the contaminated sites registry established under
subsection 21.1(1); |
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Department |
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(c)
"Department" means the Department of Communities, Land and
Environment; |
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designated
material |
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(c.1)
"designated
material" means a material or product that |
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(i)
is prescribed as a designated material in the regulations, or |
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(ii) meets the
criteria for a designated material as set out in the regulations; |
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discharge |
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(d)
"discharge" includes any drainage, deposit, release, spill, leak or emission; |
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Division |
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(e) repealed
by 1989(2nd),c.1,s.2; |
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environment |
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(f)
"environment" includes |
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(i)
air, land and water, |
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(ii)
plant and animal, including human, life, |
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and any feature, part, component, resource or element thereof; |
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environment
officer |
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(g)
"environment officer" means a government employee so designated or appointed by the Minister; |
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environmental
health |
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(h)
"environmental health" means those aspects of human health that are or can be affected by contaminants or changes in the
environment; |
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excavation
pit |
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(i) "excavation pit" means any excavation in the ground opened for the purpose of searching for or removing clay, gravel, sand, shale,
subsoil, topsoil, rock or any other surface or subterranean deposit, but does not include an excavation made within the boundaries of a
highway; |
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farm
field |
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(i.01)
repealed by 2008,c.13,s.1; |
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forage
crop |
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(i.1)
repealed by 2002,c.5,s.1; |
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forested
riparian zone |
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(i.2)
repealed by 2008,c.13,s.1; |
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frost
seeding |
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(i.3)
repealed by 2008,c.13,s.1; |
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headland |
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(i.03) repealed by 2002,c.5,s.1; |
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heavy
equipment |
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(i.4)
repealed by 2008,c.13,s.1; |
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intensive
livestock operation |
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(i.5)
repealed by 2008,c.13,s.1; |
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landlocked
pond |
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(i.6)
repealed by 2008,c.13,s.1; |
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litter |
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(j)
"litter" as a verb, means to discard trash, garbage, rubbish or any other objects, and, as a noun, means trash, garbage or other objects
so discarded; |
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livestock |
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(j.1)
"livestock" includes, but is not limited to, animals commonly
referred to as cows, cattle, swine, horses, sheep, goats and poultry;
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Minister |
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(k)
"Minister" means the Minister of Communities, Land and
Environment; |
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motor
vehicle |
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(l)
"motor vehicle" means a vehicle that is powered, drawn, propelled or driven by any means other than muscular power; |
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municipality |
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(m)
"municipality" has the same meaning as in the Municipalities Act R.S.P.E.I. 1988, Cap. M-13 but includes the City of Charlottetown
and the City of Summerside; |
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person |
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(n)
repealed by 1991,c.10,s.1; |
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perimeter
coastline |
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(n.1)
repealed by 2008,c.13,s.1; |
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recyclable
material |
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(n.11) "recyclable
material" means a material or product that |
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(i)
is
prescribed as a designated material in the regulations, or |
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(ii)
meets the
criteria for a recyclable material as set out in the regulations; |
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recycling |
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(n.12) means the
practice of accepting, collecting, storing, sorting, handling, and
preparing for transport or transporting, recyclable material for the
purpose of the use or incorporation of the material in the manufacture
of secondary products, and includes |
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(i) compacting |
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(ii) bundling, |
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(iii) baling |
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(iv) shedding, and |
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(v) crushing; |
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recycling
facility |
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(n.13) "recycling
facility" means a facility or place where recyclable material is |
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(i) accepted and
stored, and |
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(ii) handled,
collected, sorted or prepared for transport, |
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for the purpose of
the use, reuse or incorporation of the material in the manufacture of
secondary products; |
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row
crop |
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(n.2)
repealed by 2008,c.13,s.1; |
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sand
dune |
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(o)
"sand dune" means a wind or wave-deposited formation of vegetated or drifting wind-blown sand that lies generally parallel to
and landward of the beach and between the upland limit of the beach and the foot of the most inland dune slope; |
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selection
harvest |
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(o.1)
repealed by
2008,c.13,s.1; |
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source
of contaminant |
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(o.2)
"source of contaminant" means anything that discharges a contaminant into the environment; |
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under
seeded cereal crop |
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(o.3)
repealed by 2008,c.13,s.1; |
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undertaking |
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(p)
"undertaking" includes any construction, industry, operation or other project or any alteration or modification of any existing
undertaking which will or may |
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(i)
cause the emission or discharge of any contaminant into the environment, |
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(ii)
have an effect on any unique, rare or endangered feature of the environment, |
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(iii)
have a significant effect on the environment or necessitate further
development which is likely to have a significant effect on the environment, or |
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(iv)
cause public concern because of its real or perceived effect or potential effect on the environment, |
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but
excludes all undertakings mentioned in sections 10, 12 and 13; |
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waste |
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(p.1)
"waste" includes materials discarded by persons in the course of their daily activities at home or at commercial businesses,
industries and institutions or other related activities; |
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waste
management |
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(p.2)
"waste management" means a system or process for the collection, transportation, separation, treatment or disposal of waste
and includes disposal sites and landfill sites; |
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waste
treatment system |
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(q)
"waste treatment system" means any plant or installation used, or intended to be used to treat a contaminant prior to disposal on land,
or into air or water and includes a sewerage system; |
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water |
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(r)
"water" includes liquid and frozen surface and ground water; |
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watercourse |
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(s)
"watercourse" means an area which has a sediment bed and may or may not
contain water, and without limiting the generality of the foregoing,
includes the full length and width of the sediment bed, bank and shore
of any stream, spring, creek, brook, river, lake, pond, bay, estuary or
coastal body, any water therein, and any part thereof, up to and
including the watercourse boundary;
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watercourse
boundary |
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(s.1)
repealed by 2001,c.34,s.1 |
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water
supply system |
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(t)
"water supply system" means a water works for the collection, treatment, purification, storage, supply or distribution of water to |
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(i)
five or more households, or |
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(ii)
a public building or place of assembly; |
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well |
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(u)
"well" means an artificial opening in the ground |
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(i)
from which water is obtained, or |
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(ii)
made for the purpose of exploring for or obtaining water; |
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well-head
protection area |
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(u.1)
"well-head protection area" means the surface and sub-surface area surrounding a well, supplying any water supply system, through
which contaminants may or are reasonably likely to move toward and reach such well; |
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wetland |
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(v)
"wetland" means |
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(i)
an area which contains hydric soil, aquatic or water-tolerant
vegetation, and may or may or may not contain water, and includes any
water therein and everything up to and including the wetland boundary,
and |
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(ii)
without limiting the generality of the foregoing, includes any area
identified in the Prince Edward Island Wetland Inventory as open water,
deep marsh, shallow marsh, salt marsh, seasonally flooded flats,
brackish marsh, a shrub swamp, a wooded swamp, a bog or a meadow; |
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wetland
boundary |
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(w) Repealed by 2008,c.13,s.1;
1988,c.19,s.1; 1989(2nd),c.1,s.2; 1991,c.10,s.1; 1992,c.21,s.1; 1993,c.29,s.4; 1997,c.20,s.3; 1999,c.24,s.1;
2000,c.5,s.3; 2001,c.34.s.1; 2002,c.5,s.1; 2004,c.36,s.3; 2004,c.30,s.1; 2008,c.13,s.1;
2009,c.69,s.1; 2012,c.17,s.2; 2015,c.28,s.3. |
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PURPOSE
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Purpose |
2.
The purpose of this Act is to manage, protect and enhance the environment.
1988,c.19,s.2. |
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ADMINISTRATION
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Powers
of Minister |
3.(1)
The Minister may take such action as he
considers necessary in order to manage, protect or enhance the environment
or manage, protect or enhance environmental health including |
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(a)
investigating and inquiring into any activity or situation that causes, appears to be the cause of, or may cause, contamination of
the environment; |
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(b)
coordinating the work and efforts of public departments, boards, commissions, agencies and interest groups in the province respecting
management of the environment; |
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(c)
preparing and publishing policies, strategies, objectives and standards; |
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(d)
planning, designing, constructing, operating and maintaining works and undertakings; |
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(e)
exercising exclusive control over |
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(i)
the quality, use, protection or alteration of all surface, ground and shore waters and all beaches, sand dunes, and wetlands within
the jurisdiction of the province, |
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(ii)
the allocation of the use of water, |
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(iii)
preservation of the environment within the jurisdiction of the province; |
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(f)
entering into agreements; |
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(g)
delegating any of his functions under this Act or the regulations; |
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(h)
performing such other functions as may be assigned to him by the Lieutenant Governor in Council. |
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Environmental
awareness program |
(2) For the purpose of increasing environmental awareness in the province, the Minister may support and encourage the development of
educational programs respecting environmental management.
1988,c.19,s.3; 1992,c.21,s.2;
2013,c.8,s.1. |
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Council |
4.(1)
The Lieutenant Governor in Council may appoint
an Environmental Advisory Council. |
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Functions |
(2) The Council shall |
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(a)
serve as an advisory board to the Minister; |
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(b)
perform such functions as may be prescribed by regulations. |
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Composition |
(3)
The Council shall consist of not less than ten and not more than fifteen
members appearing to the Minister to be representative of the public,
including representation of the interests of agriculture, tourism, fisheries
and industry and one member nominated by the Federation of Prince Edward
Island Municipalities. |
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Powers
of Cabinet |
(4) The Lieutenant Governor in Council |
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(a)
shall designate a chairman and vice-chairman of the Council from the membership thereof; |
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(b)
may authorize payment of a daily allowance and expenses to members of the Council; |
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(c)
may appoint local advisory boards for specified areas, or designate an existing board, commission, or other body as a local advisory board. |
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Term
of Office |
(5) Members of the Council shall be appointed for such term as the Lieutenant Governor in Council may determine in the case of each
member and, subject to subsection (6), are eligible for reappointment. |
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Reappointment |
(6) A person who has served two consecutive terms as a member of the Council is not, during the twelve months following the completion of his
second term, eligible for reappointment to the Council. |
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Vacancies |
(7) Where a member dies, retires or is removed from office, the Lieutenant Governor in Council may appoint a person to serve the
unexpired term of that member. |
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Annual
reports |
(8) The Council shall submit annual reports to the Minister on matters dealt with by the Council including |
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(a)
submissions received by the Council; |
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(b)
investigations conducted by the Council; |
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(c)
reports made by the Council; |
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(d)
recommendations of the Council. |
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Tabling
report |
(9) Upon receiving an annual report from the Council, the Minister shall lay the report before the next ensuing session of the Legislature. |
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Specialist
services |
(10) The Council may, with the approval of the
Minister, engage the services of persons having special technical or other
knowledge in connection with any public hearing, investigation or study
under this Act.
1988,c.19,s.4; 1992,c.21,s.3. |
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Environmental
Coordinating Committee |
5.(1)
Repealed by 2008,c.13,s.2.
1988,c.19,s.5;
2008,c.13,s.2. |
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Environmental
Management Division |
6.(1)
Repealed by 1989(2nd),c.1,s.2. |
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Functions |
(2) Repealed by 1991,c.10,s.2. |
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Environment
officers |
(3)
The Minister may designate persons, by notice published in the Gazette, as
environment officers. |
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Function |
(4)
The function of an environment officer is to enforce and administer such requirements of
this Act and the regulations as the Minister may authorize. |
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Environment
officers |
(5)
The following persons are environment officers by virtue of their office: |
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(a)
an officer or member of the Royal Canadian Mounted Police; |
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(b) a
conservation officer appointed under the Wildlife Conservation Act
R.S.P.E.I. 1988, Cap. W-4.1; |
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(c) a fisheries
officer appointed under the Fisheries Act (Canada) R.S.C. 1985,
c.F-14. |
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Identification |
(6) A
copy of an identification card purporting to be signed by the Minister is
prima facie proof that the individual named therein is an environment
officer.
1988,c.19,s.6;
1989(2nd),c.1,s.2; 1991,c.10,s.2; 2008,c.13,s.3; 2013,c.8,s.2. |
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Application |
7.(1)
This section applies to natural persons. |
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Orders |
(2) Where the Minister or an environment officer believes, on reasonable and probable grounds,
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(a)
that a contaminant has been, is being, or is going to be, discharged into the environment, or, otherwise, that an act or omission of a natural person is or may be a contravention of this Act
or the regulations or otherwise be a threat to the environment or environmental health; and |
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(b)
that it is necessary or advisable for the protection of the environment or the prevention or control of danger to human life or health or of damage to property, |
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the Minister or the
environment officer, as the case may be, may issue an environmental
protection order |
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(c)
the natural person who is the owner or previous owner of the contaminant or the contaminant or the source of the contaminant; |
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(d)
the natural person who is or was in occupation of the contaminant or the source of the contaminant; |
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(e)
the natural person who has, or had, the charge, management,
or control of the contaminant or the source of the contaminant; |
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(f)
the natural person whose act or omission is or may be a
contravention of this Act or the regulations or otherwise be a threat to the environment or environmental health; or |
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(g)
one or more of the above persons. |
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Terms,
conditions and requirements |
(3)
An environmental protection order issued pursuant to subsection (2) may specify terms and conditions,
including time limits, and may require the natural person to whom it is
directed, at his own cost, if any, to |
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(a) meet with a
representative of the Department and other persons for such purposes as
may be required by the environmental protection order; |
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(a.1) permit inspection; |
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(b)
permit testing and sampling; |
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(c)
carry out inspections, testing, and sampling, including professional hydro-geological or engineering investigations, to determine the extent and effects of the contaminant; |
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(d)
cease an activity specified in the environmental protection
order either permanently or for a
period of time, as specified in the environmental protection
order;
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(e)
clean, repair, and restore the area affected by the contaminant to the extent indicated in the
environmental protection order or, otherwise, to the satisfaction of
the Minister; |
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(f)
take specified action to prevent or avoid danger to human life or health or damage to property
or to protect the environment; |
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(g)
submit a written report with respect to his activities pursuant to clauses (c), (e) and (f); |
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(h) do any
or all of those things specified in clauses (a) to (g) either forthwith
or as of the future date specified in the environmental protection
order. |
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Powers
of environment officers |
(4) For the purpose of investigating threats to the
environment, or for managing, protecting or enhancing environmental health or otherwise ensuring compliance with this Act or
the regulations, an environment officer, or a peace officer may |
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(a)
subject to subsections (5), (6) and (7), at any reasonable time, enter and
inspect any place in which he believes on reasonable grounds there is a
contaminant or any other thing in respect of which this Act or the
regulations apply; |
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(b)
examine any contaminant or suspected contaminant, or any other thing in respect of which this Act or the regulations apply and take
samples of it; |
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(c)
require any natural person to produce for inspection or copying, in whole or in part, any record or other document that the
environment officer or peace officer believes on reasonable grounds contains any information relevant to the administration of this Act or
the regulations; |
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(d)
conduct any tests or analyses or take any measurements; and |
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(e) provide the results of any tests, analyses or measurements to the
Minister of the Crown that has the responsibility for the protection of
public and environmental health. |
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Entry
to dwelling-place |
(5) An environment officer or a peace officer may not enter a dwelling-place except with the consent of the occupant of the dwelling-place or under the authority of a warrant. |
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Authority
to issue warrant |
(6) Where on ex parte application a justice is satisfied by information on oath that |
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(a)
the conditions for entry described in subsection (4) exist in relation to a dwelling-place; |
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(b)
entry to the dwelling-place is necessary for any purpose relating to the administration of this Act or the regulations; and |
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(c)
entry to the dwelling-place has been refused or there are reasonable grounds to believe that entry will be refused, |
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the justice may at any time sign and issue a warrant authorizing the environment or peace officer named in the warrant to enter the
dwelling-place, subject to any conditions that may be specified in the warrant. |
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Use of force |
(7) An environment officer who executes a warrant shall not use force unless he is accompanied by a peace officer and the use of force is
specifically authorized in the warrant. |
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Seizure |
(8) Where an environment officer or a peace officer believes on reasonable grounds that an offence under this Act or the regulations has
been committed, he may seize and detain any thing |
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(a)
by means of or in relation to which he believes on reasonable grounds the offence was committed; or |
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(b)
that he believes on reasonable grounds will afford evidence in respect of the commission of an offence under this Act or the
regulations. |
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Warrant |
(9)
Where on ex parte application a justice is satisfied by information on oath that there are reasonable grounds to believe that there is in any
place any thing |
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(a)
by means of or in relation to which an offence under this Act or the regulations has been committed or is suspected of having been
committed; or |
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(b)
that there are reasonable grounds to believe will afford evidence in respect of the commission of an offence under this Act or the
regulations, |
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the
justice may at any time sign and issue a warrant authorizing the environment officer or peace officer named in the warrant to enter and
search the place for the thing and, subject to any conditions that may be specified in the warrant, to seize and detain it. |
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Things
liable to seizure |
(10) The environment officer or peace officer who executes a warrant may exercise the powers described in subsection (4) and may seize and
detain, in addition to any thing mentioned in the warrant, any other thing |
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(a)
by means of or in relation to which the inspector believes on reasonable grounds an offence under this Act or regulations has been
committed; or |
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(b)
that the inspector
believes on reasonable grounds will afford evidence in respect of the commission of an offence under this Act. |
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Execution
of warrant |
(11) A warrant shall be executed by day unless the justice authorizes its execution by night. |
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Where
warrant not necessary |
(12) A peace officer or an environment officer may exercise any of the powers referred to in subsections (9) and (10) without a warrant if the
conditions for obtaining a warrant exist, but, by reason of exigent circumstances, it would not be practical to obtain a warrant. |
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Notice
of reason for seizure |
(13) A peace officer or environment officer who seizes and detains a thing under this Act or the regulations shall, as soon as is practicable,
advise the owner of the thing or the natural person having possession, care, or control of it at the time of its seizure, of the reason for the
seizure. |
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Storage,
removal etc. |
(14) A peace officer or environment officer who seizes and detains a thing under this Act or the regulations or any person designated by such
officer, may |
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(a) store,
treat, or dispose of the thing at the place where it was seized or move it
to any other place for storage, treatment, or disposition; or |
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(b)
recommend to the Minister that an environmental protection order be issued pursuant to subsection (2) directing the natural person who owns or had the
possession, care, or control of it at the time of its seizure, to store, treat, or dispose of it or move it to any other place and store, treat, or
dispose of it, in which case the Minister may make such an environmental
protection order. |
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Detention |
(15) Subject to subsection (16), a thing that is seized and detained under this Act shall not be detained after |
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(a)
a determination by a peace officer or an environment officer that the thing or use of it is in conformity with the Act or regulations or
will not afford evidence in respect of a commission of an offence under this Act or the regulations; or |
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(b) the expiration of one hundred and eighty days after the day of seizure, |
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unless
before that time proceedings are instituted in relation to the thing, in which case the thing may be detained until the proceedings are finally
concluded. |
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Disposal
of forfeited things |
(16) Where the Minister believes on reasonable and probable grounds that a thing is a threat to the environment or environmental health, or
where proceedings mentioned in subsection (15) are instituted within the time provided in that subsection, and at the final conclusion thereat the
court orders the forfeiture of the thing that was seized and detained, the Minister may dispose of the thing as he sees fit. |
|
Return
of things seized where no forfeiture ordered |
(17)
Where subsection (16) does not apply, the thing shall be returned to the
natural person who owns the thing or who had the possession, care or control
of it at the time of its seizure. |
|
Samples,
disposition of |
(18)
A sample taken under this Act or regulations may be disposed of in such
manner as the Minister considers appropriate. |
|
Liability |
(19) The Crown, nor any agent or employee thereof is not liable for any costs, loss or damage, resulting from the exercise in good faith of powers
pursuant to this Act or the regulations. |
|
Order
to bind successors in title |
(20)
An environmental protection
order issued pursuant to subsection (2) shall run with the land and shall
be binding upon the successor or assignee of the natural person to whom it
is directed. |
|
Copies
of order on request |
(21) Upon the written request of any person as to whether an
environmental protection
order has been issued against a particular person or corporation, the Minister shall provide the
information and if an environmental protection order has been issued, make a copy available.
1991,c.10,s.3; 1995, c.11, s.1;
2005.c.32.s.1; 2006,c.5,s.1; 2008,c.13.s.4; 2013,c.8,s.3. |
|
Application |
7.1(1)
This section applies to corporations. |
|
Orders |
(2) Where the Minister or an
environment officer believes, on reasonable and probable grounds,
|
| |
|
(a)
that a contaminant has been, is being, or is going to be, discharged into the environment, or, otherwise, that an act or omission of a corporation is or may be a contravention of this Act or
the regulations or otherwise be a threat to the environment or environmental health; and |
| |
|
(b)
that it is necessary or advisable for the protection of the environment or the prevention or control of danger to human life or health or of damage to property, |
| |
the Minister or the
environment officer, as the case may be, may issue an environmental
protection order |
| |
|
(c)
the corporation which is the owner or previous owner of the contaminant or the source of the contaminant; |
| |
|
(d) the corporation which is or was in occupation of the contaminant or the source of the contaminant; |
| |
|
(e)
the corporation which has, or had, the charge, management, or control of the contaminant or the source of the contaminant; |
| |
|
(f)
the corporation whose act or omission is or may be a contravention of this Act or the regulations or otherwise be a threat to the environment or environmental health; or |
| |
|
(g)
one or more of the above persons. |
|
Terms,
Conditions and requirements |
(3) An environmental protection order issued pursuant to subsection (2) may specify terms and conditions, including time limits, and may require the corporation to
whom it is directed, at its own cost, if any, to |
|
|
(a) meet
with a representative of the Department and other persons for such
purposes as may be required by the environmental protection order; |
|
|
(a.1)
permit inspection; |
| |
|
(b)
permit testing and sampling; |
| |
|
(c)
carry out inspections, testing, and sampling, including professional hydro-geological or engineering investigations, to determine the extent and effects of the contaminant; |
| |
|
(d)
cease an activity specified in the environmental protection order permanently or for the period of
time specified in the environmental protection order;
2005,c.32.s.2 |
| |
|
(e)
clean, repair, and restore the area affected by the contaminant to the extent indicated in the
environmental protection order or, otherwise, to the satisfaction of
the Minister; |
| |
|
(f)
take specified action to prevent or avoid danger to human life or health or damage to property
or to protect the environment; |
| |
|
(g)
submit a written report with respect to its activities pursuant to clauses (c), (e) and (f); |
| |
|
(h)
do any or all of those things specified in clauses (a) to (g) forthwith or
as of the future date specified in the environmental protection
order.
|
|
Powers of
environment officers |
(4) For the
purpose of investigating threats to the environment, or for managing,
protecting or enhancing environmental health or otherwise ensuring compliance with this Act or the regulations, an
environment officer, or a peace officer may, |
|
|
(a)
subject to subsections (5), (6) and (7), at any reasonable time, enter and inspect any place in which he believes on reasonable
grounds there is a contaminant or any other thing in respect of which this Act or the regulations apply; |
| |
|
(b)
examine any contaminant or suspected contaminant, or any other thing in respect of which this Act or the
regulations apply and take samples of it; |
| |
|
(c)
require any corporation to produce for inspection or copying, in whole or in part, any record or other document that the environment
officer or peace officer believes on reasonable grounds contains any information relevant to the administration of this Act or the
regulations |
|
|
(d)
conduct any tests or analyses or take any measurements; and |
| |
|
(e) provide the results of any tests, analyses or measurements to
the Minister of the Crown that has the responsibility for the protection
of public and environmental health. |
|
Entry
to dwelling-place |
(5) An environment officer or a peace officer may not enter a dwelling-place except with the consent of the occupant of the dwelling-place or
under the authority of a warrant. |
|
Authority
to issue warrant |
(6) Where
on ex parte application a justice is satisfied by information on oath that |
|
|
(a)
the conditions for entry described in subsection (4) exist in relation to a dwelling-place; |
| |
|
(b)
entry to the dwelling-place is necessary for any purpose relating to the administration of this Act or the regulations; and |
| |
|
(c)
entry to the dwelling-place has been refused or there are
reasonable grounds to believe that entry will be refused, |
| |
the
justice may at any time sign and issue a warrant authorizing the environment or peace officer named in the warrant to enter the
dwelling-place, subject
to any conditions that may be specified in the warrant.
|
|
Use
of force |
(7) An environment officer who executes a warrant shall not use force unless he is accompanied by a peace officer and the use of force is specifically
authorized in the warrant.
|
|
Seizure |
(8) Where
an environment officer or a peace officer believes on reasonable grounds
that an offence under this Act or the regulations has been committed, he may
seize and detain any thing |
| |
|
(a) by means of or in relation to which he believes on
reasonable grounds the offence was committed; or |
| |
|
(b) that he believes on reasonable grounds will afford evidence in respect of the commission of an offence under this Act or the
regulations. |
|
Warrant |
(9) Where on
ex parte application a justice is satisfied by information on oath that there are reasonable grounds to believe that there is in any
place any thing |
| |
|
(a)
by means of or in relation to which an offence under this Act or the regulations has been committed or is suspected of having been
committed; or |
| |
|
(b)
that there are reasonable grounds to believe will afford evidence in respect of the commission of an offence under this Act or the
regulations, |
| |
the
justice may at any time sign and issue a warrant authorizing the environment officer or peace officer named in the warrant to enter and
search the place for the thing and, subject to any conditions that may be specified in the warrant, to seize and detain it. |
|
Things
liable to seizure |
(10) The environment
officer or peace officer who executes a warrant may exercise the powers
described in subsection (4) and may seize and detain, in addition to any
thing mentioned in the warrant, any other thing |
| |
|
(a)
by means of or in relation to which the inspector believes on reasonable grounds an offence under this Act or
regulations has been committed;
or |
| |
|
(b)
that the inspector believes on reasonable grounds will afford evidence in respect of the commission of an offence under this Act.
|
|
Execution
of warrant |
(11) A warrant shall be executed by day unless the justice authorizes its execution by night. |
|
Where
warrant not necessary |
(12) A peace officer or an environment officer may exercise any of the powers referred to in subsections (9) and (10) without a warrant if the
conditions for obtaining a warrant exist, but, by reason of exigent circumstances, it would not be practical to obtain a warrant. |
|
Notice
of reason of seizure |
(13) A peace officer or environment officer who seizes and detains a thing under this Act or the regulations shall, as soon as is practicable,
advise the owner of the thing or the corporation having possession, care, or control of it at the time of its seizure, of the reason for the
seizure. |
|
Storage,
removal etc. |
(14) A peace officer or environment officer who seizes and detains a thing under this Act or the regulations or any person designated by such
officer, may |
| |
|
(a)
store, treat, or dispose of the thing at the place where it was seized or move it to any other place for storage, treatment, or
disposition; or |
| |
|
(b)
recommend to the Minister that an
environmental protection order be issued pursuant to subsection (2) directing the corporation which owns or had the
possession, care, or control of it at the time of its seizure, to store,
treat, or dispose of it or move it to any other place and store, treat,
or dispose of it, in which case the Minister may make such an
environmental protection
order. |
|
|
(15) Subject to subsection (16), a thing that is seized and detained under this Act shall not be detained after |
| |
|
(a)
a determination by a peace officer or an environment officer that the thing or use of it is in conformity with the Act or regulations or
will not afford evidence in respect of a commission of an offence under this Act or the regulations; or |
| |
|
(b)
the expiration of one hundred and eighty days after the day of seizure, |
| |
unless
before that time proceedings are instituted in relation to the thing, in which case the thing may be detained until the proceedings are finally
concluded. |
|
Disposal
of forfeited things |
(16) Where the Minister believes on reasonable and probable grounds that a thing is a threat to the environment or environmental health, or
where proceedings mentioned in subsection (15) are instituted within the time provided in that subsection, and at the final conclusion thereat the
court orders the forfeiture of the thing that was seized and detained, the
Minister may dispose of the thing as he sees fit. |
|
Return
of things seized where no forfeiture ordered |
(17) Where subsection (16) does not apply, the thing shall be returned to the corporation which owns the thing or which had the possession, care
or control of it at the time of its seizure. |
|
Samples,
disposition of |
(18) A sample taken under this Act or regulations may be
disposed of in such manner as the Minister considers appropriate. |
|
Liability |
(19)
The Crown, nor any agent or employee thereof is not liable for any costs,
loss or damage, resulting from the exercise in good faith of powers
pursuant to this Act or the regulations. |
|
Order
to bind successors in title |
(20) An
environmental protection order issued pursuant to subsection (2) shall run with the land and shall be binding upon the successor or assignee of the corporation to
which it is directed. |
|
Copies
of environmental protection order on request |
(21) Upon the written request of any person as to whether an
environmental protection
order has been issued against a particular person, the Minister shall provide the
information and if an environmental protection
order has been issued, make a copy available.
1991,c.10,s.3; 1995,c.11,s.2;
2005.c.32.s.2; 2006,c.5,s.2; 2008,c.13,s.5; 2013,c.8,s.1. |
|
Analysis |
8.(1)
The Minister may, for purposes of this Act or
the regulations, designate any person as an analyst, and the person so designated may,
with respect to any sample analyzed by him, issue a certificate of analysis. |
|
Certificate |
(2) A certificate of an analyst stating that he has analyzed or examined a sample submitted by an environment officer or other person authorized
by the Minister and stating the results of his analysis or examination, is
admissible in evidence in any legal proceeding or prosecution under this Act or the regulations, without proof of the signature or official
character of the person appearing to have signed the certificate of analysis and, in
the absence of any evidence to the contrary, is proof of the statements contained in the certificate of analysis. |
|
Attendance
of analyst in court |
(3)
The party against whom a certificate of analysis is produced under
subsection (1) may, with leave of the court, require the attendance of the
analyst for purposes of cross-examination.
1988,c.19,s.8. |
| |
ENVIRONMENTAL
IMPACT ASSESSMENT |
|
Undertakings |
9.(1)
No person shall initiate any undertaking unless
that person first files a written proposal with the Department and obtains from the
Minister written approval to proceed with the proposed undertaking. |
|
Environmental
impact information |
(2) The Minister, in considering a proposal submitted pursuant to subsection (1), may |
|
|
(a)
require the person submitting it to supply such additional information as the Minister considers necessary; |
| |
|
(b)
require that person to carry out an environmental impact
assessment and submit an environmental impact statement; |
|
|
(c)
notify the public of the proposal and provide
opportunity for comment. |
|
Form
and content |
(3) An environmental assessment and environmental impact statement shall be in such form and have such content as the Minister may direct. |
|
Form of
statement |
(3.1)
An environmental impact statement shall be in such form as the Minister may
direct. |
|
Fees |
(3.2)
A person who is required to submit an environmental impact statement under
subsection (2) shall pay such fees as when may be required by the
regulations for the Department's review of the environmental impact
statement. |
|
Savings |
(4)
The approval required by this section is in addition to any other
requirement imposed by the province or a municipality.
1988,c.19,s.9; 2004,c.4.s.1. |
|
C & D disposal
site, defined |
9.1 (1) In this
section, "C & D disposal site" means a construction and demolition debris
disposal site used for the disposal of C & D debris. |
|
Approval may not
be issued |
(2)
On the coming into force this subsection, no approval may be issued by the
Minister pursuant to subsection 9(1) of this Act in respect of a proposal
for a C & D disposal site. |
|
Validity of
earlier approvals |
(3)
For greater certainty, subsection (2) shall not be construed to |
|
|
(a) terminate or
otherwise affect the validity of any approval issued before the
commencement of that subsection, or |
| |
|
(b)
affect the ability of the Minister to issue permits under the
regulations in respect of C & D disposal sites for which an approval was
issued under section 9 prior to the commencement of that subsection. |
|
Proposals |
(4)
This section applies to every proposal that was made, and not decided by the
Minister, before the date this section comes into force, including any
proposal that has been or is subject to court proceedings. |
|
Repeal |
(5)
This section is repealed. |
|
Commencement |
(6)
This section, other than subsection 5, comes info force on assent. |
|
Idem |
(7)
Subsection (5) comes into force on a date that may be fixed by proclamation
of the Lieutenant Governor in Council.
2001,c.33.s.1;
2005,c.33,s.1 |
|
Watercourse
boundary |
10.
Repealed by 2008,c.13,s.6. (1988,c.19,s.10;
1991,c.10,s.4; 1992,c.21,s.4; 1999,c.24,s.2; 2001,c.34,s.2;
2002,c.5,s.2; 2006,c.5,s.3; 2008,c.13,s.6.) |
|
Advisory
Committee |
11.
Repealed by
2008,c.13,s.6.
(1991,c.10,s.5;
2008,c.13.s.6) |
|
Definitions |
11.1 Repealed by 2008,c.13,s.6.
(1999,c..4,s.4; 2001,c.34,s.3; 2005,c.32,s.3; 2008,c.13,s.6) |
|
Prohibition |
11.2
Repealed by 2008,c.13,s.6.
(2001,c.34,s.4; 2002,c.5,s.5,6; 2008,c.13,s.16) |
|
Forested
riparian zones |
11.3
Repealed by 2008,c.13,s.6.
(1999,c.24,s.5; 2001,c.34,s.5, 2001,c.5,s.1; 2002,c.5,s.7,8;
2008,c.13,s.6) |
|
Cutting
or removing trees |
11.4
Repealed by 2008,c.13,s.6.
(1999,c.24,s.5; 2001, c.34,s.5; 2001,c.5,s.1; 2002,c.5,s,7,8;
2008,c.13,s.6) |
|
Permit |
11.5
Repealed by 2008,c.13,s.6.
(2002,c.5,s.10; 2008,c.13,s.6) |
| |
WELLS
|
|
Wells |
12.
Except in accordance with the regulations, no person shall |
| |
|
(a)
engage in the business of drilling wells; |
| |
|
(b)
undertake the construction of a well; or |
|
|
(c)
undertake any operation incidental to the reconstruction or
abandonment of a well.
1988,c.19,s.12. |
| |
BULK
WATER REMOVAL |
|
Water
transfer or removal |
12.1(1) No person shall drill for, extract, take or use
groundwater for the purpose of transfer or removal from the province. |
|
Idem |
(2) No person shall extract, remove or withdraw water from any
water basin, watercourse or other surface water body in the province for the
purpose of transfer or removal from the province.
|
|
Exceptions |
(3) Subsections (1) and (2) do not apply to water |
| |
|
(a) that is to be used for drinking water purposes and is
packaged in Prince Edward Island in containers having a capacity of not more
than 25 litres; or |
| |
|
(b) that is removed in the ordinary course of carrying water
in a vehicle, vessel or aircraft for use by persons or animals while they are
being transported in it.
. |
|
Idem |
(4) Subsections (1) and (2) do not apply to water
|
| |
|
(a) that is removed in a vessel, vehicle or aircraft and is
necessary for |
| |
|
|
(i)
the ordinary operation of the vehicle, vessel or aircraft, or |
| |
|
|
(ii) the transport of food or products in the vehicle,
vessel or aircraft; or |
| |
|
(b) that is removed, with the written permission of the
Minister, to meet short-term safety, security or humanitarian needs.
2001,c.34.s.7. |
| |
WASTE
TREATMENT AND WATER SUPPLY SYSTEMS |
|
Approval
required |
13.(1)
No person shall undertake the establishment of a waste
treatment system or water supply system, or shall change any existing
system, without first obtaining written approval from the Minister. |
|
Plans
and detailed information |
(2) An application for approval pursuant to subsection (1) shall be supported by the plans and specifications of the waste treatment
system or water supply system and the work to be undertaken, and such other
information as the Minister may require. |
|
Investigation and remedial action |
(3)
Where it appears to the Minister that any person has contravened
subsection (1), the Minister may order an investigation of the
violation and may order the person to take such action as the Minister
considers necessary.
1988, c.19, s.13. |
|
Minister
may order system |
14.(1)
Where the Minister is satisfied that for the purpose of
protecting the
environment or environmental health it is necessary to do so he may,
by order, require that an area be served by a water supply system or
waste treatment system. |
|
Idem |
(2)
An order under subsection (1), shall be directed to the person causing
or likely to cause the hazard to the environment or environmental
health.
1988,c.19,s.14. |
|
Alterations |
15.
Repealed by 1992,c.21,s.5. |
|
Maintenance |
16.
Waste treatment and water supply systems shall at all times be
maintained and operated in such manner and with such facilities as the
Minister may direct.
1988,c.19,s.16. |
|
Entry
on private property |
17.
When the Minister finds it necessary that any public utility locate
any portion of a waste treatment system or water supply system on
private property and that no agreement can be reached with the owner,
the Minister may order, subject to the approval of the Lieutenant
Governor in Council, on such terms and conditions and subject to the
payment of such compensation, if any, as may seem just, that the
public utility have leave to enter upon the private property and there
locate any portion of a system and have access thereto at all times
for repairing, operating or maintaining the same.
1988,c.19,s.17. |
|
Water
and sewerage corporations |
18.(1)
The Lieutenant Governor in Council may, by order, create a
body to acquire,
construct, establish, alter, extend, control, manage, maintain, or operate any waste treatment
system, waste management system or water
supply system, and may constitute a body so created a body corporate
for the purposes of the Act and may |
|
|
(a)
prescribe its name, composition and functions; |
| |
|
(b)
prescribe the manner of appointment of its members and their
terms of office; |
|
|
(c)
prescribe the functions of the corporation; and |
| |
|
(d)
subject to section 18.1, exempt the corporation and any works operated by it in whole or in
part from the provisions of the Island Regulatory and Appeals Commission Act
R.S.P.E.I.
1988, Cap. I-11, and the Water and Sewerage
Act R.S.P.E.I. 1988, Cap. W-2.
2005,c.34,s.1 |
|
Powers |
(2) A corporation constituted under subsection (1), or the Minister, may |
| |
|
(a)
acquire, construct, establish, alter, extend, control, manage, and
operate waste treatment systems, waste management systems and water
supply systems; |
| |
|
(b)
provide and supply water to a municipality or person; |
| |
|
(c)
receive, treat, or dispose of sewage for a municipality or
person; |
| |
|
(d)
make agreements with a municipality or person with respect to
the operation of a waste treatment system or water supply system, or
the reception, treatment and
disposal of sewage; |
| |
|
(e)
acquire, alienate, hold, dispose of real or personal property; |
| |
|
(f)
engage and pay personnel; |
| |
|
(g)
subject to section 18.1, assess, charge, and collect fees for services to a municipality
or person; |
| |
|
(h) operate a waste treatment system or water supply system on
behalf of government, municipality or person; |
| |
|
(i)
perform any function authorized by the Lieutenant Governor in
Council; |
| |
|
(j)
prescribe the remuneration of its members; |
| |
|
(k)
establish a system for the collection, transportation,
separation, treatment or disposal of waste. |
|
Powers
to levy rates |
(3) A corporation constituted under subsection (1) may levy rates in respect of water and sewerage services
and for the collection, transportation, separation, treatment and
disposal of waste.
2005,c.24.s.1 |
|
Maximum
frontage upon which rate may be levied |
(4) Rates may be levied by a corporation constituted under subsection (1)
for water or sewerage services by means of frontage charges and where rates are so levied, the maximum frontage of any parcel of land
in respect of which rates may be levied is five hundred feet if the
parcel qualifies for a farm assessment under the Real Property Assessment
Act R.S.P.E.I. 1988, Cap. R-4. |
|
Lien |
(5) Rates levied pursuant to subsection (3) constitute a lien on the real
property on which the rate is levied until payment is made and that
lien has priority over every claim, privilege or encumbrance of every
person, except the Crown against that property. |
|
Service
deemed to be received |
(6) For the purposes of this Act, a person along whose lands run sewer or water mains shall be deemed to receive service notwithstanding that
such sewer or water mains are not physically connected by lateral
lines to any residence, building or other structure situate upon the said lands
of such person.
1988,c.19,s.18; 1989,c.9,s.2; 1991,c.10,s.6; 1991,c.18,s.22;
1995,c.11,s.3, 2005,c.34,s.1. |
|
Definitions |
18.1 (1) In this
section |
|
Commission |
|
(a) "Commission" means
the Island Regulatory and Appeals Commission established under the Island
Regulatory and Appeals Commission Act; |
|
Corporation |
|
(b) "Corporation" means the Island Waste Management
Corporation established by an order made under section 18; |
|
current rate |
|
(c) "current rate" means a rate that is charged, on the day
before this section comes into force, by the Corporation for a service it
provides; |
|
service |
|
(d) "service" means a service respecting the collection,
transportation, separation, treatment and disposal of waste. |
|
Submission of
rates for review and approval |
(2) When the Corporation wishes to vary the rates for
any existing services, or to establish rates for any new services, the
Corporation shall submit for the review and approval of the Commission |
|
|
|
(a) a schedule of the proposed rates together with a
description of the services to which they relate and any conditions or terms
of service that are to apply in respect of those rates; |
|
|
|
(b) a submission justifying or explaining the proposed
rates; and |
|
|
|
(c) such other information concerning the proposed rates and
the financial affairs of the Corporation as the Commission may require. |
|
Review by
Commission |
(3) On receipt of a submission by the Corporation made
in accordance with subsection (2), the Commission |
|
|
|
(a) shall cause notice of the submission to be published
that invites written submissions from the public; and |
|
|
|
(b) after allowing such time as the Commission considers
appropriate
for public submissions to be made, |
| |
shall review the submission of the Corporation and any
written submissions of the public that the Commission has received. |
|
Decision of
Commission |
(4) After reviewing the submissions referred to in
subsection (3), the Commission may, subject to subsection (9), |
|
|
|
(a) approve the rates proposed
by the Corporation; |
|
|
|
(b) determine and fix new rates; or |
|
|
|
(c) refuse the rates proposed and confirm the existing
rates. |
|
Decision in 60
days |
(5) The Commission shall make a
decision under subsection (5) not later than 60 days from the date of
the submission by the Corporation under subsection (2). |
|
Rates chargeable |
(6) Subject to subsection (7), the
rates that are approved, determined and fixed or confirmed by the
Commissioner under this section are the lawful rates of the Corporation
until altered or modified under this section. |
|
Current rates |
(7) The current rates of the
Corporation are the lawful rates of the Corporation until altered under
this section. |
|
Lawful rates |
(8) The Corporation shall not
charge, and shall not be entitled to collect with respect to the
provision of a service, any rate other than one that is a lawful rate as
determined by or under this section. |
|
Corporation
entitled to recover costs |
(9) When making a decision in
respect of a submission by the Corporation, the Commission shall allow
the Corporation to earn, annually or within such other period as the
Commission considers appropriate, such return from its rates for each
type of service the Corporation provides as the Commission considers is
just and reasonable to recover the costs incurred by the Corporation to
provide that type of service. |
|
Earnings |
(10) The Commission may
allow the Corporation to earn, in addition to the return required by
subsection (8), such amount as the Commission considers appropriate in
respect of the operation of the Corporation.
2005,c.34.s.1 |
|
Application
of Civil Service Act |
18.2
The Civil Service Act R.S.P.E.I. 1988, Cap C-8 does not apply and
has never applied to |
|
|
|
(a) any person
engaged or employed by the Island Waste Management Corporation; or |
|
|
|
(b) any person engaged or
employed by |
| |
|
|
(i) Environmental
Industrial Services Inc., or |
| |
|
|
(ii) any other
corporation owned by the Island Waste Management Corporation.
2010,c.11.s.1. |
|
Saving |
19.
The power vested in the Island Regulatory and Appeals Commission to set sewer and water rates is not affected by this Act except where
otherwise provided under clause 18(1)(d).
1988,c.19,s.19; 1991,c.18,s.22
|
| |
DISCHARGE
OF CONTAMINANTS |
|
Spills |
20.
Except as permitted by the Pesticides Control Act R.S.P.E.I.
1988, P-4 the regulations or with the written permission of the
Minister, no person shall |
| |
|
(a)
discharge, or cause or permit to be discharged; |
| |
|
(b)
being the owner or person having control of a contaminant, discharge or cause or permit to be discharged, |
|
a contaminant into the
environment. |
|
Notice
and remedial measures |
21.(1)
Every person who, without permission under section 20, discharges, or causes or permits to be discharged, a contaminant into
the environment, or who owns or has control of a contaminant which is discharged into the environment shall |
|
|
(a)
immediately notify the Department; and |
|
|
(b)
take such action as the Minister may direct |
| |
|
|
(i)
to investigate and define the extent, nature and impact of the contaminant, |
| |
|
|
(ii)
to repair, restore and remedy the environment or to confine or contain the effects of the
contaminant. |
|
Injunction |
(2)
Where any person fails to take such action as is directed by the
Minister pursuant to subsection (1), and where the discharge of a
contaminant into the environment has caused, is causing or may cause a
threat to the environment or environmental health, the Minister may
make application to the Supreme Court for an injunction requiring that
person to carry out that action.
1992, c.21, s.7. |
|
|
CONTAMINATED SITES |
|
Contaminated
sites registry |
21.1 (1) The
Minister shall establish a contaminated sites registry. |
|
Access to
registry, fees |
(2) The Minister |
|
|
(a)
shall provide for access by the
public to information in the registry; and |
| |
|
(b) may impose fees,
in accordance with the regulations, for providing access to or supplying
information from the registry. |
|
Designation
of contaminated sites |
(3) Subject to this
section, where, after considering the evidence, standards and criteria
that the Minister considers relevant, and all regulations made under
clause 25(1)(w), the Minister is of the opinion that an area of the
environment is a contaminated site, the Minister may designate that area
of the environment as a contaminated site. |
|
Entry of
contaminated sites
|
(4) The Minister shall
cause areas of the environment designated as contaminated sites to be
entered into the contaminated sites registry. |
|
Notice of
designation |
(5) The Minister
shall, before designating an area of the environment as a contaminated
site, |
| |
|
(a) give notice, in
writing, to the registered owner, and to any occupier, of the area of
the Minister's intention to designate the area as a contaminated site;
and |
| |
|
(b) provide a reasonable
opportunity for the registered owner, and to any occupier, of the area,
to comment on the Minister's intention to designate the area of the
environment as a contaminated site. |
|
Postponement
of designation |
(6) The Minster may
postpone a designation under subsection (3) in respect of an area of the
environment if |
| |
|
(a) the registered owner,
or any occupier, of the area enters into an agreement with the
Department, satisfactory to the Minister, for the repair, restoration
and remediation of the area; and |
| |
|
(b) the registered owner,
or any occupier, of the area, as the case may be, complies, to the
Minister's satisfaction with the agreement. |
|
Notice of
designation |
(7) The Minister
shall, after designating an area of the environment as a contaminated
site under subsection (3), give written notice of the designation,
together with reasons for the designation, to the registered owner, and
to any occupier, of the area. |
|
Alteration
of contaminated sites |
(8) After an area of
the environment has been designated as a contaminated site, the
registered owner, or any occupier, of the contaminated site shall not
alter the contaminated site unless the registered owner, or occupier, of
the contaminated site, as the case may be, first obtains the written
authorization of the Minister to do so. |
|
Requirement
for further research, etc. |
(9) The Minister
may, on written application, issue a written authorization referred to
in subsection (8) and may require any person who makes the application
to provide any information, research, or study the Minister considers
necessary to assess the application. |
|
Orders
relating to contaminates sites |
(10) A copy of an
environmental order
issued under this Act in respect of an area of the environment that is
designated as a contaminated site shall be placed in the contaminated
sites registry. |
|
Cancellation
of designation |
(11) Where the
Minister is of the opinion that the area of the environment is no longer
a contaminated site, the Minister shall |
| |
|
(a) cancel the
designation of a contaminated site made under subsection (3); and |
| |
|
(b) cause the removal of
the designation from the contaminated sites registry.
2004,c.30.s.2;
2008,c.13,s.7. |
| |
SAND
DUNES AND BEACHES |
|
Operation
of motor vehicles |
22.(1)
No person shall, without written permission of the Minister, |
|
|
(a)
operate a motor vehicle on a beach or a sand dune; |
| |
|
(b)
carry out any activity that will or may |
| |
|
|
(i)
interfere with the natural supply or movement of sand to or
within a beach or a sand dune, |
| |
|
|
(ii)
alter, remove, or destroy natural stabilizing features,
including vegetation, of a beach or a sand dune. |
|
Activities
related to moss harvesting etc. excepted |
(2) Clause (1)(a) does not apply to the operation of a motor vehicle on a beach for the conduct of
activities related to the legal harvesting of a fishery
resource or the legal removal of beach material.
1991,c.10,s.7 |
|
Idem |
23.
Repealed by 1991,c.10,s.8 |
| |
LITTERING |
|
Litter |
24.
No person shall deposit litter |
| |
|
(a)
upon any land not approved by the
Minister for this purpose; or
|
| |
|
(b)
into or upon any watercourse or wetland.
1988,c.19,s.24; 2001,c.34.s.9. |
| |
REGULATIONS
|
|
Regulations |
25.(1)
The Lieutenant Governor in Council may make such regulations as the
Lieutenant Governor in Council considers necessary or advisable for
the enhancement and protection of the environment and without limiting
the generality of the foregoing, may make regulations, |
| |
|
(a)
respecting environmental impact assessments and ensuring specific
opportunity for public involvement in the screening and assessment of
undertakings; |
| |
|
(b)
establishing environmental quality standards for part or all of
the province; |
| |
|
(c)
respecting the the licenses, permits, endorsement on permits, approvals, certificates,
exemptions, variances, management plans, material stewardship plans and other authorizations
required to be held by persons under this Act or the regulations in
respect of the carrying on of an activity or undertaking, including
regulations respecting |
| |
|
|
(i) the process for
applying for any such an authorization, |
| |
|
|
(ii)
the issuance, approval, refusal, renewal, expiration, amendment,
suspension or revocation of any such authorization, |
| |
|
|
(iii) the
qualifications or requirements for, or the circumstances or standards
applicable to, any decision referred to in subclause (ii), and |
| |
|
|
(iv) the
imposition of terms and conditions on any such authorization and the
alternation of or requirement for compliance with such terms and
conditions; |
| |
|
(c.1)
respecting the review of records under this Act, including which
records may be reviewed; |
| |
|
(d)
respecting the fees that are payable in respect of |
| |
|
|
(i) an application for a license, permit, endorsement of
a permit or certificate, |
| |
|
|
(ii) an
inspection, |
| |
|
|
(iii) waste
management, |
| |
|
|
(iv) record
search, |
| |
|
|
(v) the review
of an environmental impact statement, and |
| |
|
|
(vi) such
other matters or services provided under the Act or the regulations.
|
| |
|
(e)
respecting the design, location, configuration, construction,
adaption, alteration, operation, maintenance and installation of
undertakings; |
| |
|
(f)
respecting plumbing standards, prescribing the use and
application of the plumbing standards, and requiring a person to
obtain a permit before plumbing is installed or altered; |
| |
|
(g)
respecting the design, construction, adaption, alteration,
operation, maintenance and installation of systems, processes or works
to abate, manage, dispose of or control contaminants, waste or other
environmental damage, and those systems, processes or works may
include waste management sites, waste treatment systems and
incinerators; |
|
|
(h)
regulating or prohibiting the collection, sale, storage, use,
treatment, distribution and disposal of contaminants; |
| |
|
(h.1)
regulating or prohibiting the storage and disposal of livestock
waste and other organic waste; |
| |
|
(i)
prescribing limits, terms and conditions on the release of
contaminants and the prohibition of release of contaminants from any
undertaking; |
| |
|
(j)
regulating or prohibiting the collection, sale, storage, use,
treatment, distribution and disposal of any product, container,
including beverage containers, or other substance that may adversely
affect the environment; |
| |
|
(k)
respecting wells and attachments thereto and the licensing of well
drillers; |
| |
|
(l)
regulating, controlling, prohibiting, directing, or providing for the withdrawal,
use, quality, quality monitoring, storage and handling of water
from any natural or artificial source including any water supply system; |
| |
|
(l.1)
requiring delineation of well-head protection areas and respecting
the implementation of controls on activity within the well-head protection
area which may include the restriction and prohibition
of any activity in the area; |
| |
|
(m)
prohibiting the alternation of any watercourse, or wetland, or the
water flow therein unless the alteration is |
| |
|
|
(i)
authorized by a license or permit issued under the regulations and the
alteration is carried out in accordance with any terms or conditions
imposed on such a license or permit, or |
| |
|
|
(ii) permitted
by an exception or exemption set out in the regulations; |
| |
|
(m.1)
regulating, controlling, and providing for, the alteration of any
watercourse, or wetland, or the water flow therein, including
regulations |
| |
|
|
(i) requiring
a license or permit issued under the regulations to carry on the
alteration, and |
| |
|
|
(ii) respecting the
manner, circumstances, exceptions, exemptions, standards and conditions
under which the alteration may be carried on; |
| |
|
(m.2) prohibiting
the carrying on of any activity specified in the regulations in or on a
watercourse or wetland, including |
| |
|
|
(i) the draining,
pumping or diverting of water from a watercourse or wetland, |
| |
|
|
(ii) the dredging,
excavating or removal of soil, mud, sand, stones, rubbish, rocks,
aggregate or other material or objects of any kind from a watercourse or
wetland, |
| |
|
|
(iii) the dumping,
infilling or deposition of soil, water, mud, sand, stones, rubbish,
litter, rocks, aggregate or other material of any kind into a
watercourse or wetland, |
| |
|
|
(iv) the
construction, placement, repair, replacement, demolition or removal of
buildings, structures or obstructions of any kind, including bridges,
culverts, breakwaters, dams, docks, slipways and flood or erosion
protection works, |
| |
|
|
(v) the operation of
any heavy equipment or a motor vehicle on the sediment bed, beach or
bank of a watercourse or on a wetland, |
| |
|
|
(vi) the disturbance,
removal, alteration, disruption or destruction of the ground, either by
excavating or depositing earthen or other material, |
| |
|
|
(vii) the
disturbance, alteration, destruction or removal of vegetation of any
kind in or on a watercourse or wetland, including but not limited to the
cutting down of live trees or live shrubs, or |
| |
|
|
(viii) the carrying
on of any type of watercourse or wetland enhancement activity, including
but not limited to debris removal, habitat development, or the placement
of structures, |
| |
|
unless the activity
is authorized by a license or permit issued under the regulations and the
activity is carried on in accordance with any terms or conditions imposed on
such license, permit or certificate, or unless the activity is permitted by
an exception or exemption set out in the regulations; |
| |
|
(m.3) regulating,
controlling or providing for the carrying on of any activity specified in
the regulations, including any activity referred to in clause (m.2), in or
on a watercourse or wetland, including regulations |
| |
|
|
(i) requiring a
license, permit or certificate issued under the regulations to carry on
that activity, and |
| |
|
|
(ii) respecting the
manner, circumstances, exceptions, exemptions, standards and conditions
under which that activity may be carried on; |
| |
|
(n)
requiring an environmental permit for the construction or operation
of certain undertakings, and the issuance or withdrawal of the
permits; |
| |
|
(o)
respecting the methods of analyzing samples and prescribing the equipment
or apparatus or structures to be used for taking samples; |
| |
|
(p)
respecting chemical or petroleum storage tank systems; |
| |
|
(q)
regulating the disposal of litter; |
| |
|
(r)
prescribing forms; |
| |
|
(s)
respecting wastewater emissions; |
| |
|
(t)
respecting emissions into the air; |
| |
|
(u)
respecting excavation pits; |
| |
|
(v)
controlling, restricting or prohibiting any act for the purpose of
abating noise or controlling noise levels; |
| |
|
(w)
respecting the standards and criteria to be used for the purpose of
designating an area of the environment as a contaminated site; |
| |
|
(x)
respecting agreements made under subsection 21.1(6) for the repair,
restoration and remediation of contaminated sites pursuant to subsection
21.1(3); |
| |
|
(y)
respecting the contaminated sites registry and its operation, including
the location and hours of the offices of the Registry; |
| |
|
(z)
respecting assessment and rehabilitation criteria of contaminated sites
and contaminant releases pursuant to subclause 21(1)(b)(ii); |
| |
|
(aa) for the
purposes of subsection 21.1.(8), defining the word "alter", or
describing the actions pertaining to, or the uses of, an area of the
environment designated as a contaminated site that constitute an
alteration of that area; |
| |
|
(bb)
respecting the cancellation and removal of a designation of a
contaminated site from the contaminated sites registry; |
| |
|
(cc) defining words,
phrases or terms that are used in this Act or the regulations and that
are not defined in this Act; |
| |
|
(dd) respecting the
geographic information system database maintained by the Department that
is called the "Prince Edward Island Wetland Inventory", including
regulations respecting |
| |
|
|
(i) the maintenance,
amendment, publication, inspection and the proof of the contents of the
Inventory, |
| |
|
|
(ii) the
identification in the Inventory of areas of the province that are
wetlands, and |
| |
|
|
(iii) the
categorization of wetlands in the Inventory as open water, deep marsh,
shallow marsh, salt marsh, seasonally flooded flats, brackish marsh,
shrub swamp, wooded swamp, bog or meadow; |
| |
|
(ee) prohibiting the
alteration or the disturbance of the ground or soil within a prescribed
distance of the landward side of a watercourse boundary or a wetland
boundary unless the alteration or disturbance is |
| |
|
|
(i) authorized by a
license or permit issued under the regulations and the alteration or
disturbance is carried out in accordance with any terms or conditions
imposed on such license or permit, or |
| |
|
|
(ii) permitted by an
exception or exemption set out in the regulations; |
| |
|
(ff) regulating,
controlling or providing for the alteration or the disturbance of the
ground or soil within a prescribed distance of the landward side of a
watercourse boundary or a wetland boundary, including regulations |
| |
|
|
(i) requiring a
license or permit issued under the regulations authorizing the carrying
on of that alteration or disturbance, and |
| |
|
|
(ii) respecting the
manner, circumstances, exceptions, exemptions, standards and conditions
under which that alteration or disturbance may be carried on; |
| |
|
(gg) prohibiting the
carrying on of any activity specified in the regulations within a
prescribed distance of the landward side of a watercourse boundary or a
wetland boundary, including |
| |
|
|
(i) the draining or
pumping of water; |
| |
|
|
(ii) the dredging,
excavating or removal of soil, mud, sand, stones, rubbish, rocks,
aggregate or other material of any kind, |
| |
|
|
(iii) the dumping,
infilling or deposition of soil, water, mud, sand, stones, rubbish,
rocks, aggregate or other material or objects of any kind, |
| |
|
|
(iv) the
construction, placement, repair, replacement, demolition or removal of
buildings, structures or obstructions of any kind, including but not
limited to bridges, culverts, breakwaters, dams, wharves, docks,
slipways and flood or erosion protection works, |
| |
|
|
(v) the operation of any
heavy equipment or a motor vehicle, |
| |
|
|
(vi) the disturbance,
removal, alteration, disruption or destruction of the ground, either by
excavation or depositing earthen or other material, |
| |
|
|
(vii) the
disturbance, removal, alteration, disruption or destruction of
vegetation, either by excavation or depositing earthen or other
material, |
| |
|
|
(viii) the cutting
down of live trees or live shrubs, |
| |
|
|
(ix) the planting and
cultivation of an agricultural crop, or |
| |
|
|
(x) the spraying or
application of any pesticide in any manner, |
| |
|
unless the activity
is authorized by a license or permit issued under the regulations and the
activity is carried on in accordance with any terms or conditions attached
to such license or permit, or unless the activity is permitted by an
exception or exemption set out in the regulations; |
| |
|
(hh) regulating,
controlling or providing for the carrying on of any activity specified
in the regulations, including any activity referred to in clause (gg),
in or on a watercourse or wetland, including regulations |
| |
|
|
(i) requiring a
license or permit issued under the regulations authorizing the carrying
on of that activity, and |
| |
|
|
(ii) respecting the
manner, circumstances, exceptions, exemptions, standards and conditions
under which that activity may be carried on; |
| |
|
(ii) prohibiting the
cultivation of any row crop or any portion thereof within a prescribed
distance of the landward side of a watercourse boundary or a wetland
boundary, unless the cultivation is authorized by a written exemption or
variance issued under, or permitted by an exception set out in, the
regulations; |
| |
|
(jj) regulating,
controlling or providing for the cultivation of any row crop or portion
thereof within a prescribed distance of the landward side of a
watercourse boundary or a wetland boundary, including regulations |
| |
|
|
(i) requiring a
written exemption or variance issued under the regulations authorizing
the carrying on of that cultivation, and |
| |
|
|
(ii) respecting the
manner, circumstances, exceptions, standards or conditions under which
that cultivation may be carried on; |
| |
|
(kk) respecting the
geographic information system database maintained by the Department that
is called the "Prince Edward Island Sloped Land Inventory", including
regulations |
| |
|
|
(i) respecting the
maintenance, amendment, publication, inspection and the proof of the
contents of the Inventory, and |
| |
|
|
(ii) deeming the
areas of land identified in the Inventory as having a slope of greater
than 9% and an area of at least one hectare, or as having such other
characteristics as the regulations may specify; |
| |
|
(ll) prohibiting on a
provincial parcel of land, the cultivation of one or more hectares of a
row crop on any area of that parcel which has a slope greater than 9%,
unless there is a management plan for the provincial parcel of land and
the cultivation of the row crop is carried on in accordance with that
management plan; |
| |
|
(mm) regulating,
controlling or providing for, on a provincial parcel of land, the
cultivation of one or more hectares of a row crop on any area of that
parcel which has a slope greater than 9%, unless there is a management
plan for the provincial parcel of land and the cultivation of the row
crop is carried on in accordance with that management plan; |
| |
|
(nn) respecting
management plans, including the contents, components, establishment,
approval, terms and conditions, amendment, maintenance, expiry and
revocation of management plans; |
| |
|
(oo) respecting the
appointment of management specialists and respecting their powers and
duties in respect of management plans or other matters; |
| |
|
(pp) requiring the
owner and operator of an intensive livestock operation to ensure that no
livestock waste from the intensive livestock operation enters any
watercourse or wetland; |
| |
|
(qq) prohibiting,
within a prescribed distance of the landward side of a watercourse
boundary or a wetland boundary, |
| |
|
|
(i) the construction
of an intensive livestock operation, or the construction of any
building, structure, facility, or any part thereof, of an intensive
livestock operation, |
| |
|
|
(ii) the construction
of a new building, structure or facility, or any part thereof, or the
expansion or renovation of existing buildings, structures or facilities,
of an existing intensive livestock operation, or |
| |
|
|
(iii) the carrying on
of any activity connected or associated with, or supporting, an activity
referred to in clause (i) or (ii), |
| |
|
unless such activity
or undertaking is carried on under a written authorization issued under the
regulations, or unless the activity or undertaking is permitted by an
exception set out in the regulations; |
| |
|
(rr) regulating,
controlling or providing for the carrying on of any activity or
undertaking referred to in clause (qq) within a prescribed distance of
the landward side of a watercourse boundary or a wetland boundary,
including regulations |
| |
|
|
(i) requiring a
written authorization issued under the regulations to carry on that
activity or undertaking, and |
| |
|
|
(ii) respecting the
manner, circumstances, exceptions, exemptions, standards and conditions
under which that activity or undertaking may be carried on; |
| |
|
(ss) prohibiting the
keeping of livestock, in a density greater than the maximum prescribed
number of animal units per acre of living space, within a prescribed
distance of the landward side of a watercourse boundary or a wetland
boundary, unless the keeping of livestock in such a density and within
such a distance of the landward side of a watercourse boundary or a
wetland boundary is authorized in writing by the Minister, or unless it
is permitted by an excepting set out in the regulations; |
| |
|
(tt) regulating,
controlling or providing for the keeping of livestock within a
prescribed distance of the landward side of a watercourse boundary or a
wetland boundary, respecting the density of livestock, as measured in
terms of the number of prescribed animal units per acre of living space
or otherwise, that may be kept within a prescribed distance of the
landward side of a watercourse boundary or wetland boundary, including
regulations |
| |
|
|
(i) requiring a
written authorization issued under the regulations for the keeping of
livestock, in a density in excess of the maximum density established by
the regulations, within a prescribed distance of the landward side of a
watercourse boundary or a wetland boundary, and |
| |
|
|
(ii) respecting the
manner, circumstances, exceptions, standards and conditions under which
the keeping of livestock within such a distance of landward side of
watercourse boundary or a wetland boundary may be carried on; |
| |
|
(tt1) respecting
recyclable materials, including regulations |
| |
|
|
(i) prescribing recyclable materials, |
| |
|
|
(ii) establishing
criteria for determining whether a material is a recyclable material, |
| |
|
|
(iii) creating
different classes of recyclable materials for different purposes, |
| |
|
|
(iv) prohibiting or
restricting the acceptance, collection, storage, handling,
transportation, processing or disposal of recyclable material or classes
of recyclable materials, |
| |
|
|
(v) requiring that a
recyclable material or any other material or product be recycled or
reused, and |
| |
|
|
(vi) prohibiting or
restricting the disposal of a recyclable material in a landfill,
composting facility, incinerator, recycling facility or other site; |
| |
|
(tt.2) respecting
designated materials, including regulations |
| |
|
|
(i) prescribing designated materials, |
| |
|
|
(ii) establishing
criteria for determining whether a material is a designated material, |
| |
|
|
(iii) creating
different classes of designated materials for different purposes, |
| |
|
|
(iv) prohibiting or restricting the manufacture,
acceptance, collection, sale, supply, offering for sale or supply,
packaging, labelling, storage, handling, distribution, transportation,
processing, disposal, recycling, recovery and reuse of designated
materials, |
| |
|
|
(v) requiring that a designated material be recycled or
reused, and |
| |
|
|
(vi) prohibiting or
restricting the disposal of a designated material in a landfill,
composting facility, incinerator, recycling facility or other site; |
| |
|
(tt.3) respecting
material stewardship programs for designated materials, including
regulations |
| |
|
|
(i) requiring the
development and implementation of material stewardship programs for the
management, collection, sale, supply, offering for sale or supply,
packaging, labelling, storage, handling, distribution, transportation,
processing, disposal, waste minimization, recycling, recovery, reuse and
reduction in use of designated materials by manufacturers, distributors,
retailers or any other person, |
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(ii) requiring that a
material stewardship program be approved by the Minister, subject to the
terms and conditions that the Minister considers appropriate, |
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(iii) establishing
standards for material stewardship programs, |
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(iv) requiring
participation in a material stewardship program and providing for the
exemption of persons from a requirement to participate in a material
stewardship program, |
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(v) authorizing a
person to designate a third party to operate a material stewardship
program on the person's behalf, |
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(vi) respecting the
keeping and inspection of records in respect of a material stewardship
program, |
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(vii) requiring the
reporting of information in respect of a material stewardship program to
the Minister, |
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(viii) requiring the provision and posting of public and
educational information and material respecting material stewardship
programs, and |
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(ix) requiring a person to provide security to ensure
the person's compliance with the terms of a material stewardship program
and respecting the form, amount and content of the security; |
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(tt.4) respecting
recycling facilities, including regulations |
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(i) prohibiting the operation of a recycling facility
unless authorized by a permit issued under the regulations, |
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(ii) establishing
standards for the operation, construction and design of recycling
facilities, and |
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(iii) prohibiting or restricting the acceptance,
collection, storage, handling, processing or disposal of any designated
material at a recycling facility unless authorized by an endorsement in
respect of the designated material on a recycling facility permit; |
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(tt.5) providing for
any transitional matters or issues for the effective implementation of
clauses (tt.1) to (tt.4) as the Lieutenant Governor in Council considers
necessary or advisable; |
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(uu) respecting the
entry upon private property and inspection of any premises, other than a
dwelling-place, by an environment officer, conservation officer or
inspector for the purpose of ensuring compliance with this Act and the
regulations; |
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(vv) respecting the
conducting of tests, and the taking of samples, photographs and
measurements of water or other liquid, soil, vegetation or other thing
or matter by an environment officer, conservation officer or inspector
for the purpose of ensuring compliance with this Act and the
regulations; |
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(ww) requiring any
person to produce for inspection, on the request of an environment
officer, conservation officer or inspector, any records or other
documents concerning matters relevant to ensuring compliance with this
Act and the regulations; |
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(xx) requiring any
person to produce for inspection, on the request of an environment
officer, conservation officer or inspector, any certificate, license,
permit, variance, exemption, management plan or other authorization
required to carry on any activity or undertaking under this Act or the
regulations; |
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(yy) respecting the
stopping of motor vehicles by an environment officer or conservation
officer for the purposes of enforcing this Act and the regulations; |
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(zz) providing that
compliance by a person with the provisions of and standards set out in
this Act and the regulations, and with the terms and conditions of
licenses, permits, endorsements on permits, certificates, management plans,
material stewardship plans, exemptions, variances
and other authorizations issued under this Act and the regulations, does
not preclude the issuance to the person of an environmental protection
order under section 7 or 7.1 of this Act or the issuance to the person
of an emergency field order referred to in clause (aaa), where the
Minister or an environment officer believes, on reasonable and probable
grounds, that an activity or undertaking carried on by that person is a
threat to the environment or environmental health; |
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(aaa) respecting the
issuance of verbal and written emergency field orders by an environment
officer to any person who is or was carrying on an activity which is a
violation of the regulations, or who is the registered owner of the
property on which that activity or undertaking is or was carried on, or
to any other person specified in the regulations, requiring that person
to cease the activity and to take such remedial action as is specified
in the order; |
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(bbb) requiring any
person to whom a verbal or written emergency field order referred to in
clause (aaa) is issued by an environment officer to comply with the
order; |
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(ccc) respecting the
delegation by the Minister of any function conferred on the Minister by
a regulation to another Minister or to a director or other employee of
the Department; |
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(ddd) deeming any
person to whom a license, permit, endorsement on a permit, certificate, exemption, variance or
other authorization is issued, or for whom a management plan or a
material stewardship plan is
approved, to have accepted responsibility for all work done pursuant
thereto; |
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(eee) exempting the
Minister, and any employee or officer of the Crown from liability for
any loss or damage caused by |
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(i) any activity or
undertaking or other thing done under a license, permit, endorsement on
a permit, exemption, management plan, material stewardship plan or other authorization issued under this Act or the
regulations, |
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(ii) the revocation
of any such license, permit, endorsement on a permit, exemption,
management plan, material stewardship plan or other
authorization, or |
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(iii) the amendment
of any terms and conditions of any such license, permit, endorsement on
a permit, exemption, management plan, material stewardship plan or other authorization; |
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(fff) providing that
no action or other proceeding for damages lies or shall be instituted
against |
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(i) the Minister, |
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(ii) any person to
whom the Minister has delegated one or more of his or her functions
under this Act or the regulations, |
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(iii) any environment
officer, conservation officer or inspector or any other person acting
under the authority of this Act or the regulations, or |
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(iv) any other person
lawfully assisting or acting under the direction of any person referred
to in subclauses (i) to (iii), |
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for anything done or
not done, in good faith in the performance or intended performance of any
duty or exercise or intended exercise of any power under this Act or the
regulations; |
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(ggg) prohibiting
the giving of false or misleading information in any application, report
or statement or any other document submitted or made to the Minister, an
inspector, an environment officer, a conservation officer, management
specialist or other employee of the Department, under this Act or the
regulations; |
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(hhh) respecting
the grounds for refusing a license, permit, endorsement on a permit,
variance certificate, exemption, management plan, material stewardship
plan or other authorization that is the subject of
an application, or that has been issued or approved, under this Act or
the regulations; |
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(iii) requiring
any person to whom an environment officer or an inspector makes a
request for assistance or information to provide all reasonable
assistance and all information reasonably necessary to enable the
environment officer or inspector to carry out his or her functions under
this Act and the regulations; |
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(jjj) prohibiting
the obstruction of, or knowingly making of false or misleading
statements to, an environment officer or an inspector engaged in
carrying out his or her functions under this Act or the regulations; |
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(kkk) prohibiting
any person from violating or contravening any provision of the
regulations or any term of condition of any license, permit, endorsement
on a permit, variance certificate, exemption, management plan, material
stewardship plan or other authorization issued
under this Act or the regulations; |
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(lll) respecting the
burden of proof on a defendant, in any prosecution of an offence under
this Act or the regulations, upon the prosecution establishing a
prima facie case, or upon a defendant, |
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(i) to prove due
diligence, or |
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(ii) to prove that
any exception, exemption, proviso, excuse or qualification provided for
or recognized in this Act or the regulations operates in favour of the
defendant; |
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(mmm) establishing
factors which may be taken into account, in any prosecution of an
offence under this Act or the regulations, to determine whether a
defendant exercised due diligence; |
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(nnn) deeming, for
the purposes of a prosecution of an offence under this Act or the
regulations, the registered owner of the property on which any activity
or undertaking is or was carried on in contravention of this Act or the
regulations to have caused or permitted the activity or undertaking
unless the registered owner establishes, on the balance of
probabilities, that the registered owner did not do so, and respecting
the onus or burden of proof of the registered owner to do so; |
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(ooo) deeming, for
the purposes of a prosecution of an offence under this Act or the
regulations, the identification in the Prince Edward Island Wetland
Inventory of any area of the province as open water, deep marsh, shallow
marsh, brackish marsh or salt marsh to be prima facie evidence that the
area is such a type of wetland; |
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|
(ppp) respecting
the appeal of any order made under this Act or the regulations, or of
any decision made under this Act or the regulations to refuse, revoke or
amend a permit, endorsement on a permit, variance, exemption or other authorization or of any
decision to refuse to approve a management plan or material stewardship
plan or to revoke or amend a management plan or material stewardship
plan or to revoke or amend a
management plan, including |
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(i) providing for
the appeal of such order or decision to the Island Regulatory and
Appeals Commission, |
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(ii) respecting
the procedure for the appeal from such an order or decision, and
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(iii) providing
that the order or decision continues in effect pending the determination
of the appeal; |
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(qqq) prescribing
the fine or range of fines that a person is liable to, on summary
conviction, where the person is found guilty of an offence for
contravening a provision of this Act or the regulations;
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(rrr) establishing
that any officer, director or agent of a corporation who directs,
authorizes, assents to, acquiesces in, or participates in, the
commission of an offence by the corporation is guilty of an offence; |
| |
|
(sss) prescribing
or specifying any thing or matter required or permitted by this Act to
be, or referred to in this Act as being, prescribed or specified by the
regulations, for which a specific power is not otherwise provided in
this Act; |
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(ttt) providing
for the continuation or revocation of any permit or other authorization
issued under sections 10 to 11.5 of this Act that is in force
immediately prior to the repeal of those provisions; |
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|
(uuu) providing
for any transitional matters or issues arising out of the repeal of
sections 10 to 11.5 of this Act as the Lieutenant Governor in Council
considers necessary or advisable, including providing for, the expiry of
existing permits issued under section 10 of the Act; |
| |
|
(vvv) respecting
any other matters that the Lieutenant Governor in Council considers
necessary or advisable to facilitate the implementation or
administration of this Act. |
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Adoption
of codes |
(2)
A regulation made under subsection (1) may adopt by reference in whole
or in part, with such changes as the Minister considers necessary, any
code or standard, or any regulation made by any other government in
Canada or recognized technical organization, and may require
compliance with any code, standard or regulation so adopted.
1988,c.19,s.25;
1992,c.21,s.8.; 2004,c.30,s.3; 2004,c.4.s.2; 2008,c.13,s.8;
2009,c.69,s.2; 2012, c.8,s.5. |
|
GENERAL |
|
False
Information |
26.
No person shall knowingly give false information in any
application, return,
or statement made to the Minister, an environment officer, or any employee
of the Department, in respect of any matter under this Act or the
regulations.
1988,c.19,s.26. |
|
Enforcement |
27.(1)
This Act and the regulations may be enforced by |
| |
|
(a)
the Minister; |
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|
(b)
an environment officer; |
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|
(c)
repealed by 2008,c.13,s.9; |
| |
|
(d)
any officer or member of the Royal Canadian Mounted Police; |
|
|
(e)
a conservation officer appointed under the Wildlife Conservation
Act; |
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|
(f)
a fisheries officer designated under the Fisheries Act
(Canada) |
|
Obstruction |
(2) No person shall obstruct or attempt to obstruct any person lawfully carrying
out the enforcement of this Act or the regulations.
1991,c.10,s.9;
2008,c.13.s.9. |
|
Revocation,
terms and conditions |
28.
The
Minister may, as the Minister considers necessary, revoke, impose terms
and conditions on, or alter any terms and conditions of, any
authorization issued under this Act or the regulations, including the
following: |
|
|
(a)
an
order, including an environmental protection order; |
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|
(b)
a license; |
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|
(c)) a
certificate; |
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(d) an
approval; |
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|
(e) a
permit or an endorsement on a permit; |
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|
(f)) a
variance; |
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|
(g) a
management plan; |
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|
(h)) a
material stewardship plan; |
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|
(i) an
exemption; |
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|
(j) a
permission. 2002,c.5,s.11; 2006,c.5,s.4;
2008,c.13.s.10; 2009,c.69,s.3. |
|
Orders -
service |
29. (1)
No person to whom an order including an environmental protection
order, is directed pursuant to this Act or the
regulations is required to comply with the order until the order has
been served on the person. |
|
When order
sufficiently served |
(2) Any order
issued pursuant to this Act or the regulations is deemed to be
sufficiently served |
|
|
(a)
upon a copy being personally served on the person to whom it is
directed; |
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|
(b) upon
a copy being sent by facsimile or by other electronic means to the
person to whom it is directed and an acknowledgement of receipt being
received; |
|
|
(c) five
days after a copy is sent by mail addressed to the person to whom it is
directed at the last known address for that person; or |
|
|
(d) in
the case of a registered owner of real property, five days after a copy
is sent by mail to the address for the registered owner shown on the
last revised assessment roll. |
|
Service of
director or officer of corporation |
(3)
Where the person to be served is a corporation, service on a director,
officer or recognized agent of the corporation in accordance with
subsection (2) is deemed to be service on the corporation for the
purposes of this Act. |
|
Order for
substituted service |
(4)
Where it is impractical for any reason to serve an order in a manner
referred to prescribed in subsection (2), an ex parte application may be
made to a judge of the Supreme Court who may make an order for
substituted service providing such steps to be taken to bring the matter
to the attention of the person to be served. |
|
Evidence |
(5) Any
order issued pursuant to this Act or the regulations shall be prima
facie proof in proceedings in any court no only that the order was
legally made, but also that every administrative prerequisite necessary
to enable the making of the order was done and satisfied, and no further
proof than the mere production of the original order or a copy thereof
certified by the Minister or his authorized representative, is
necessary.
1988,c.19,s.29;
2005,c.32,s.4; 2008,c.13,s.11. |
|
Island Regulatory and Appeals Commission |
29.1 (1) In
this section, "Commission" means the Island Regulatory and Appeals
Commission established under section 2 of the Island Regulatory and
Appeals Commission Act R.S.P.E.I. 1988, Cap. I-11. |
|
Right of appeal to Commission |
(2) A person to whom
an environmental protection order is issued by the Minister or an
environment officer under subsection 7(2) or 7.1(2) may, within 21 days
from the date the environmental protection order is served on the
person, appeal the environmental protection order by serving a notice of
appeal on the Commission. |
|
Idem |
(3) A person to whom
an order is issued by the Minister or an environment officer under the
regulations may, within 21 days from the date the order is served on the
person, appeal the order by serving a notice of appeal on the
Commission, if the regulations indicate that the order may be appealed
to the Commission in accordance with this section. |
|
Idem |
(4) A person who is
aggrieved by a decision of the Minister or of any officer or employee of
the Department |
|
|
(a) to refuse that
person a permit, endorsement on a permit, variance, exemption or other
authorization that may be issued under this Act or the regulations; |
|
|
(b) to revoke or
amend a permit, variance, exemption or other authorization held by that
person under this Act or the regulations; or |
|
|
(c) to refuse to
approve a management plan or a material stewardship plan proposed by that person under the regulations,
or to revoke or amend a management plan or a material stewardship plan of that person after it was
approved, |
|
|
may, within 21 days
from the date the decision is served on the person, appeal the decision
by serving a notice of appeal on the Commission, if the regulations
indicate that the decision may be appealed to the Commission in
accordance with this section. |
|
Notice |
(5) A notice of
appeal served on the Commission under this section shall be in writing,
on a form approved by the Commission, and shall state the grounds for
the appeal, the relief sought, and the name and address of the person
making the appeal. |
|
Idem |
(6) The service of a
written notice of appeal under this section does not operate as a stay
of, and shall not in any way affect the environmental protection order
or order referred to in subsection (3) or a decision referred to in
subsection (4), as the case may be, that is the subject matter of the
appeal. |
|
Notice of hearing |
(7) In any appeal
under this section, the Commission shall serve notice upon the person
making the appeal and the Minister of the date, time and place at which
the appeal will be heard. |
|
Idem |
(8) Where a notice is
served by the Commission under subsection (7), the notice may be served
personally, or |
|
|
(a) where the notice
is served on the Minister, by mailing the notice to the business address
of the Minister; or |
|
|
(b) where the notice
is served on a person making the appeal, by mailing the notice to the
address on the person's notice of appeal. |
|
Deemed service |
(9) Where service
referred to in subsection (8) is made by mail, the service shall be
deemed to be made on the fifth day after the date of mailing, unless the
person on whom service is being made establishes that the person, acting
in good faith, through the absence, accident, illness or other cause
beyond the person's control, did not receive the notice until a later
date. |
|
Procedure |
(10) The Commission
shall, when hearing an appeal, determine its own procedure, subject to
adherence to the rules of natural justice. |
|
Order |
(11) The Commission
shall hear and decide an appeal and shall issue an order giving effect
to its disposition. |
|
Idem |
(12) The Commission
may vary, confirm or rescind the order or decision being appealed. |
|
Reasons for decision |
(13) The Commission
shall give written reasons for its decision and shall provide a
certified copy of its decision or order to the person making the appeal
and to the Minister.
2008,c.13,s.12.;
2009,c.69,s.4. |
|
Liability
of officers |
30.
The Minister, environment officers, or any other persons acting under
the authority of this Act or the regulations are not personally liable
for any loss or damage suffered by any person by reason of anything in
good faith done or omitted to be done in the purported exercise of any
powers given by this Act or the regulations.
1988,c.19,s.30 |
|
Injunction |
31.(1)
In addition to any other remedy provided by law, any contravention
or violation of this Act or the regulations may be restrained by
injunction at the instance of the Minister upon application to the Supreme
Court, and the court shall grant the injunction upon being satisfied
that the granting of the injunction is advisable to ensure compliance
with this Act or the regulations. |
|
Form |
(2)
An injunction granted pursuant to subsection (1) may be prohibitive or
mandatory in nature, and where mandatory, may require the taking of
action to clean or restore the environment.
1988,c.19,s.31. |
|
Penalty |
32.(1)
Any natural person who
contravenes or violates
|
|
|
|
(a) any
provision of this Act or the regulations, or
|
|
|
|
(b) any term,
condition or provision of any order, including an environmental
protection order, license, certificate, approval,
permit, endorsement on a permit, permission or other authorization issued under this Act or the
regulations;
|
|
|
is guilty of an offence if no
penalty is otherwise specifically provided in this Act or the
regulations
and is liable on summary conviction to a fine of not less that $200 or
more than $10,000, or to imprisonment for 90 days, or to both, and to
pay such restitution as the judge thinks fit to any person aggrieved or
affected by the contravention or violation.
|
|
Idem |
(2)
Repealed by 2008,c.13,s.13. |
|
Idem |
(3)
Any corporation which contravenes
or violates |
|
|
|
(a) any
provision of this Act or the regulations; or |
|
|
|
(b) any term,
condition or provision of any order, including an environmental
protection order, license, certificate, approval,
permit, endorsement on a permit, permission or other authorization issued under this Act or the
regulations, |
|
|
is guilty of an offence if no penalty is otherwise specifically provided in this Act or
the regulations and is liable on summary conviction to a fine of not less than $1,000 or
more than $50,000, or its directors to imprisonment for 90 days, or to
both, and to pay such restitution as the judge thinks fit to any person
aggrieved or affected by the contravention or violation.
|
|
Idem |
(4)
Repealed by 2008,c.13,s.13. |
|
Personal
liability of corporate officers |
(5) Any
officer, director or agent of a corporation who directs, authorizes,
assents to, acquiesces in, or participates in, the commission of an
offence by that corporation under subsection (3) is guilty of an offence
and is liable, in respect of the commission of an offence by the
corporation under subsection (3), to any penalty set out in subsection
(1). |
|
Continuing
offense |
(6) Where a contravention or violation of any provision of the Act or the
regulations continues for more than one day, the offender is guilty of
a separate offence for each day that the contravention or violation
continues.
|
|
Limitation
period |
(7) Proceedings with respect to an offence under this Act or the
regulations may be instituted at any time within two years after the
time when the subject matter of the proceedings arose.
|
|
Prosecution
of Crown |
(8) For the purposes of subsection (3), Her Majesty in right of
the province or in right of Canada is deemed to be a corporation.
1991,c.10,s.10; 1994,c.16,s.1,
2002.c.5,s.12; 2008,c.13,s.13; 2009,c.69,s.5. |
|
Remedial
action authorized by court |
33.(1)
Where |
|
|
(a)
pursuant to this Act or the regulations, |
| |
|
|
(i) the Minister or an environment officer has issued an
order, including an environmental protection order, or |
| |
|
|
(ii) the
Minister has given a direction; and |
| |
|
(b) the person to whom
the order is issued, or the direction is given, has failed to comply with
it, |
| |
the Minister may apply to the
Supreme Court for an order authorizing the Minister to take such remedial
action as may be specified in the order. |
|
Order
for costs of remediation |
(2)
After taking remedial action under a court order pursuant to
subsection (1), the Minister may issue an order for the costs of the
remedial action against the person to whom the original order or
direction was given.
1995,c.11,s.5;
2005,c.32.s.5; 2008,c.13,s.14. |
|
Immediate
action required, order or direction |
34.(1)
Where |
|
|
(a)
pursuant to this Act or the regulations, |
|
|
|
(i) the Minister or an environment officer has issued an
order, including an environmental protection order, or |
| |
|
|
(ii) the
Minister has given a direction; and |
| |
|
(b) the person to whom
the order is issued, or the direction is given, has failed to comply with
it, |
| |
|
(c) the order or direction
relates to a matter which in the opinion of the Minister requires immediate
action to prevent further injury to the environment, |
| |
the Minister may take the
appropriate remedial action to carry out the terms of the order or
direction. |
|
Order
for costs |
(2)
After taking remedial action under subsection (1) the Minister may
issue an order for the costs of the remedial action against the person
to whom the original order or direction was given.
1995,c.11,s.5;
2005,c.32.s.6; 2008,c.13,s.15. |
|
Immediate
action required, no order or direction |
35.(1)
Where contamination or damage of any kind is caused by failure of
any person to comply with the provisions of this Act or regulations
and where the contamination or damage relates to a matter which in the
opinion of the Minister requires immediate action to prevent further
injury to the environment, the Minister may take the appropriate
remedial action to clean up the contamination or damage. |
|
Order
for costs |
(2) After taking remedial action under subsection (1) the Minister may
issue an order for the costs of the remedial action against the person
who has caused the contamination or damage.
1995,c.11,s.5. |
|
Filed
order has effect as judgment |
36.
An order for cost of remediation under subsection 33(2), 34(2) or 35(2) may
be filed with the Registrar of the Court of Appeal and the Supreme Court at any time thirty days
after it is issued and, when so filed, the order is of the same force and
effect as if it were a judgment.
1995,c.11,s.5; 2008,c.20,s.72(28). |
| |
 |
|
_______ |