Q-2 - Environment Quality Act

Section 31.43 Disposition versions

2022-05-12

31.43. Where it appears to the Minister that contaminants are present in the land in a concentration exceeding the limit values prescribed by a regulation made under section 31.69, or that the contaminants, even though they are not determined in the regulation, are likely to adversely affect the life, health, safety, welfare or comfort of human beings, ecosystems, other living species or the environment in general, or to be detrimental to property, the Minister may order any person that,

— even before the coming into force of this section (1 March 2003), had emitted, deposited, released or discharged all or part of the contaminants or had allowed the contaminants to be emitted, deposited, released or discharged; or

— after the coming into force of this section (1 March 2003), has or has had custody of the land as owner or lessee or in any other capacity,

to submit for the Minister’s approval within the time specified a rehabilitation plan setting out the measures that will be implemented to protect human beings, the other living species and the environment in general, including property, together with an implementation schedule.

Such an order may not be made against a person that has or has had custody of the land as owner or lessee or in any other capacity, where

(1)  it is established that the person was unaware of and had no reason to suspect the presence of contaminants in the land, having regard to the circumstances, practices and duty of care;

(2)  it is established that, once becoming aware of the presence of contaminants in the land, the person acted in conformity with the law, as to the custody of the land, in particular as regards the duty of care and diligence; or

(3)  it is established that the presence of contaminants in the land results from outside migration from a source attributable to a third person.

1990, c. 26, s. 4; 1997, c. 43, s. 519; 2002, c. 11, s. 2; 2017, c. 4, s. 32; 2022, c. 8, s. 137.

2018-03-23

31.43. Where it appears to the Minister that contaminants are present in the land in a concentration exceeding the limit values prescribed by a regulation made under section 31.69, or that the contaminants, even though they are not determined in the regulation, are likely to adversely affect the life, health, safety, welfare or comfort of human beings, ecosystems, other living species or the environment in general, or to be detrimental to property, the Minister may order any person or municipality that,

— even before the coming into force of this section (1 March 2003), had emitted, deposited, released or discharged all or part of the contaminants or had allowed the contaminants to be emitted, deposited, released or discharged; or

— after the coming into force of this section (1 March 2003), has or has had custody of the land as owner or lessee or in any other capacity,

to submit for the Minister’s approval within the time specified a rehabilitation plan setting out the measures that will be implemented to protect human beings, the other living species and the environment in general, including property, together with an implementation schedule.

Such an order may not be made against a person or municipality that has or has had custody of the land as owner or lessee or in any other capacity, where

(1)  it is established that the person or municipality was unaware of and had no reason to suspect the presence of contaminants in the land, having regard to the circumstances, practices and duty of care;

(2)  it is established that, once becoming aware of the presence of contaminants in the land, the person or municipality acted in conformity with the law, as to the custody of the land, in particular as regards the duty of care and diligence; or

(3)  it is established that the presence of contaminants in the land results from outside migration from a source attributable to a third person.

1990, c. 26, s. 4; 1997, c. 43, s. 519; 2002, c. 11, s. 2; 2017, c. 4, s. 32.

2003-03-01

31.43. Where it appears to the Minister that contaminants are present in the land in a concentration exceeding the limit values prescribed by a regulation made under section 31.69, or that the contaminants, even though they are not determined in the regulation, are likely to adversely affect the life, health, safety, welfare or comfort of human beings, other living species or the environment in general, or to be detrimental to property, the Minister may order any person or municipality that,

— even before the coming into force of this section (1 March 2003), had emitted, deposited, released or discharged all or part of the contaminants or had allowed the contaminants to be emitted, deposited, released or discharged; or

— after the coming into force of this section (1 March 2003), has or has had custody of the land as owner or lessee or in any other capacity,

to submit for the Minister’s approval within the time specified a rehabilitation plan setting out the measures that will be implemented to protect human beings, the other living species and the environment in general, including property, together with an implementation schedule.

Such an order may not be made against a person or municipality that has or has had custody of the land as owner or lessee or in any other capacity, where

(1)  it is established that the person or municipality was unaware of and had no reason to suspect the presence of contaminants in the land, having regard to the circumstances, practices and duty of care;

(2)  it is established that, once becoming aware of the presence of contaminants in the land, the person or municipality acted in conformity with the law, as to the custody of the land, in particular as regards the duty of care and diligence; or

(3)  it is established that the presence of contaminants in the land results from outside migration from a source attributable to a third person.

1990, c. 26, s. 4; 1997, c. 43, s. 519; 2002, c. 11, s. 2.

1999-04-01

31.43. Where the Minister ascertains the presence of a contaminant in the environment in a greater quantity or concentration than that established by regulation under paragraph a of section 31.52, he may order whoever has emitted, deposited, released or discharged, even before 22 June 1990, all or some of the contaminant to recover, remove, collect or neutralize it and to take any measure he specifies to decontaminate or restore the environment.

Moreover, where the Minister ascertains the presence in the environment of a contaminant prohibited by regulation of the Government or of a contaminant likely to affect the life, health, safety, welfare or comfort of human beings, or to cause damage to or to otherwise impair the quality of the soil, vegetation, wildlife or property, he may issue an order to the same effect to whoever has emitted, deposited, released or discharged, even before 22 June 1990, all or some of the contaminant.

The order shall include a statement of the reasons invoked by the Minister, and either a description of the work proposed by whoever is responsible for the source of contamination upon presenting observations pursuant to section 31.44 and a timetable for its execution, as approved with or without amendment by the Minister or a description of the work ordered by the Minister and a timetable for its execution. The order takes effect 16 days after notification or on any later date stated therein.

1990, c. 26, s. 4; 1997, c. 43, s. 519.

1990-06-22

31.43. Where the Minister ascertains the presence of a contaminant in the environment in a greater quantity or concentration than that established by regulation under paragraph a of section 31.52, he may order whoever has emitted, deposited, released or discharged, even before 22 June 1990, all or some of the contaminant to recover, remove, collect or neutralize it and to take any measure he specifies to decontaminate or restore the environment.

Moreover, where the Minister ascertains the presence in the environment of a contaminant prohibited by regulation of the Government or of a contaminant likely to affect the life, health, safety, welfare or comfort of human beings, or to cause damage to or to otherwise impair the quality of the soil, vegetation, wildlife or property, he may issue an order to the same effect to whoever has emitted, deposited, released or discharged, even before 22 June 1990, all or some of the contaminant.

The order shall include a statement of the reasons invoked by the Minister, and either a description of the work proposed by whoever is responsible for the source of contamination upon making representations pursuant to section 31.44 and a timetable for its execution, as approved with or without amendment by the Minister or a description of the work ordered by the Minister and a timetable for its execution. The order takes effect 16 days after its service or on any later date stated therein.

1990, c. 26, s. 4.