ENVIRONMENTAL PROTECTION
AND ENHANCEMENT ACT
Chapter E‑12
Table of Contents
1 Definitions
2 Purpose
of Act
3 Crown
is bound
Part 1
Administration
Consultation,
Communication and Education
4 Advisory
committees, experts
5 Sustainable
Development Co‑ordinating Council
6 Purpose
of Co‑ordinating Council
7 Members
of Co‑ordinating Council
8 Rules
of operation
9 Quorum
10 Committees
11 Health
issues
12 Powers
and duties of Minister
13 Economic
instruments
14 Development
of guidelines and objectives
15 State
of the environment reporting
General Administrative
Matters
16 Administration
of Act
17 Delegation
18 Transfer
of administration
19 Agreements
20 Emergency
response plan
21 Agreements
with land owners
22 Conservation
easements
23 Registration
of agreement
24 Effect
of registration
25 Designation
of officials
26 Powers
of inspector
27 Local
authority inspectors and investigators
28 Identification
card
29 Designation
of approved laboratories
30 Environmental
Protection and Enhancement Fund
32 Environmental
Protection Security Fund
34 Annual
report re Security Fund
35 Disclosure
of information
36 Ministerial
regulations
37 Lieutenant
Governor in Council regulations
38 Adoption
by reference
Part 2
Environmental Assessment Process,
Approvals and Registrations
39 Definitions
Division 1
Environmental Assessment Process
40 Purpose
of environmental assessment process
41 Any
Director may require assessment
42 Definition
43 Director’s power to require environmental assessment
44 Initial
review by Director
45 Whether
environmental impact assessment report required
46 Effect
of statement of concern
47 Minister
may order environmental impact assessment report
48 Terms
of reference
49 Contents
of environmental impact assessment report
50 Submission
of report
51 Provision
of further information
52 Publication
of environmental impact assessment report
53 Powers
of Director
54 Powers
of Minister
55 Additional
powers of Minister
56 Register
of environmental assessment information
57 Inter‑jurisdictional
agreements re environmental assessment
58 Ministerial
regulations
59 Lieutenant
Governor in Council regulations
Division 2
Approvals, Registrations and Certificates
60,61 Prohibition
62 Exception
63 Compliance
with other requirements
64 No
approval or registration on Minister’s
order
65 Refusal
for unpaid debts
66 Application
for approval or registration
66.1 Director’s discretion
67 Changes
requiring approval
68 Issue
of approval or registration
69 Extension
of expiry date of approval
70 Amendment,
suspension and cancellation
of approval or registration
71 Director’s power to modify
72 Notice
of applications and proposed changes
73 Statement
of concern
74 Notice
of decision taken
75 Transfer
of approval or registration
76 New
information
77 Certificate
of variance
78 Issuance
of certificate of variance
79 Certificate
of qualification required
80 Issuance
of certificate of qualification
81 Application
for certificate of qualification
82 Issuance
of certificate of qualification
83 Amendment
and cancellation
83.1 Compliance with code of practice
84 Security
85 Ministerial
regulations
86 Lieutenant
Governor in Council regulations
Part 3
Activities Requiring Notice
87,88 Prohibition
88.1 Compliance with code of practice
88.2 Security
89 Regulations
Part 4
Environmental Appeals Board
90 Environmental
Appeals Board established
91 Notice
of appeal
92 Additional
information
93 Extension
of time
94 Hearing
of appeal
95 Powers
and duties of Board
96 Costs
97 Stay
of decision
98 Decision
of Board
99 Report
to Minister
100 Decision
by Minister
101 Reconsideration
by Board
102 Privative
clause
103 Publication
of Board’s report
104 Filing
of order
105 Ministerial
regulations
106 Lieutenant
Governor in Council regulations
Part 5
Release of Substances
107 Interpretation
and application
Division 1
Releases of Substances Generally
108 Prohibited
release where approval or regulation
109 Prohibited
release where no approval or regulation
110 Duty
to report release
111 Manner
of reporting
112 Duty
to take remedial measures
113 Environmental
protection order for release
114 Emergency
environmental protection order
115 Emergency
measures and notification
116 Environmental
protection orders re odour
117 Remediation
certificates
118 Effect
of remediation certificate
119 Reclamation
certificate unaffected
120 Regulations
121 Ministerial
regulations
122 Lieutenant
Governor in Council regulations
Division 2
Contaminated Sites
123 Application
124 Non-recoverable
costs
125 Designation
of contaminated sites
126 Notice
of designation
127 Statement
of concern
128 Remedial
action plans and agreements
129 Environmental
protection order re contaminated site
130 Notice
of environmental protection order
131 Compensation
132 Ministerial
regulations
133 Lieutenant
Governor in Council regulations
Part 6
Conservation and Reclamation
134 Definitions
135 Security
by operator
136 Reclamation
inquiry
137 Duty
to reclaim
138 Issuance
of reclamation certificate
139 Amendment
and cancellation of certificate
140 Environmental
protection order
141 Environmental
protection order re off‑site damage
142 Environmental
protection order after reclamation certificate
143 Emergency
environmental protection order
144 No
surrender or termination without reclamation certificate
145 Copies
of orders and certificates
146 Lieutenant
Governor in Council regulations
Part 7
Potable Water
147 Definitions
148 Release
of substances prohibited
149 Duty
of person responsible
150 Environmental
protection order
151 Emergency
environmental protection order
152 Emergency
measures
153 Ministerial
regulations
Part 8
Hazardous Substances and Pesticides
154 Definitions
Division 1
Hazardous Substances and Pesticides Generally
155 Storing
and handling
156 Environmental
protection order regarding contaminated matter
157 Sale
or distribution prohibited
158 Environmental
protection order
159 Contents
of environmental protection order
160 Emergency
environmental protection order
161 Ministerial
regulations
162 Lieutenant
Governor in Council regulations
Division 2
Pesticides
163 Prohibitions
re sale, use and disposal
164 Information
on alternatives
165 Ministerial
regulations
166 Lieutenant
Governor in Council regulations
167 Adoption
of federal requirements
Part 9
Waste Minimization, Recycling and
Waste Management
Division 1
Waste Minimization and Recycling
168 Definitions
169 Prohibition
170 Surcharge
for designated material
171 Recycling
Fund
172 Industry
operated recycling funds
173 Collection
and recovery of designated material
174 Security
175 Lieutenant
Governor in Council regulations
Division 2
Waste
176 General
prohibition
177 Deemed
disposal
178 Waste
on public land
179 Waste
on highways
180 Waste
on land owned by local authority
181 Waste
on water or ice
182 Waste
on another person’s land
183 Environmental
protection order to clean up unsightly property
184 Liability
of local authority for costs of cleaning up
185 Collection
of expenses as taxes
186 Review
of environmental protection order to clean up
187 Lieutenant
Governor in Council regulations
Division 3
Hazardous Waste
188 Identification
number required for hazardous waste
188.1 Refusal for unpaid debts
189 Security
190 Cancellation
or suspension of personal identification number
191 Manifest
required for hazardous wastes
192 Disposal
of hazardous waste
193 Lieutenant
Governor in Council regulations
Part 10
Enforcement
194 Definitions
Investigations and
Inspections
195 Establishment
of programs by Minister
196 Application
for investigation
197 Investigation
on receipt of application
198 Right
of entry and inspection
199 Private
dwelling place
200 Duty
to stop a vehicle or vessel
201 Order
to enter and inspect
202 Order
without notice
203 Powers
to be exercised at reasonable time
204 Seizure
without order or search warrant
205 Bringing
seized thing before judge
206 Tele‑warrant
207 Disposal
of things seized
208 Assistance
by peace officer
209 Assistance
to inspectors and investigators
Enforcement Orders
210 Enforcement
orders by Director
211 Enforcement
order concerning waste
212 Amendment
and cancellation of enforcement orders
213 Court
order for compliance
214 Failure
to comply with enforcement order
215 Joint
and several liability
Civil Remedies
216 Priority
for costs
217 Other
civil remedies unaffected
218 Extension
of limitation period
219 Civil
cause of action
220 Protection
from liability
221 Action
for condition of land prohibited
222 Injunction
re commission of offence
223 Recovery
of costs by the Government
224 Registration
of orders
225 Injunction
re loss or damage
Offences and Penalties
226 Limitation
period
227 Offences
228 Penalties
229 Due
diligence defence
230 Additional
fine where monetary benefits acquired by offender
231 Continuing
offences
232 Liability
of directors and officers
233 Liability
of public officials
234 Court
orders relating to penalty
235 Compensation
for loss of property
236 Variation
of court orders
237 Administrative
penalties
237.1 Publication of information
238 Ministerial
regulations
239 Lieutenant
Governor in Council regulations
Part 11
Miscellaneous Provisions
Environmental
Protection Orders
240 Joint
and several liability under environmental protection orders
241 General
requirements of environmental protection orders
242 Ministerial
regulations
243 Amendment
and cancellation of environmental protection orders
244 Court
order for compliance
245 Failure
to comply with environmental protection order
246 Environmental
protection order where person unidentifiable
247 General
requirements re emergency environmental
protection order
248 Recovery
of costs for emergency measures
Miscellaneous
249 Use
of assistants
250 Right
of entry
251 Interference
252 Court
order re interference
253 Vicarious
responsibility
254 Documentary
evidence
255 Certificate
of analyst
256 Service
Schedule
HER MAJESTY, by and with
the advice and consent of the Legislative Assembly of Alberta, enacts as
follows:
Definitions
1 In this Act,
(a) “activity”
means an activity or part of an activity listed in the Schedule of Activities;
(b) “adverse
effect” means impairment of or damage to the environment, human health or
safety or property;
(c) “agricultural
operation” means agricultural operation as defined in the Agricultural Operation Practices Act;
(d) “analyst”
means an analyst designated by the Minister under section 25;
(e) “animal”
means any animal other than a human;
(f) “approval”
means an approval issued under this Act in respect of an activity, and includes
the renewal of an approval;
(g) “Board”
means the Environmental Appeals Board;
(h) “borehole”
means a hole advanced into the ground for the purpose of determining
engineering or geological classification and properties or for instrumentation
purposes;
(i) “certificate
of qualification” means a certificate of qualification issued under section 82,
including the renewal of such a certificate, and a certificate or other
qualification from another jurisdiction that is accepted under the regulations
as a certificate of qualification for the purposes of this Act;
(j) “certificate
of title” includes a document issued under the Metis Settlements Act with respect to land in a settlement area
under that Act that is similar in nature to a certificate of title within the
meaning of the Land Titles Act;
(k) “certificate
of variance” means a certificate of variance issued under section 78;
(k.1) “code
of practice” means a document governing an activity or activities or a portion
of an activity or activities that is adopted or incorporated pursuant to
section 38;
(l) “conservation”
means, except in sections 22 to 24, the planning, management and implementation
of an activity with the objective of protecting the essential physical,
chemical and biological characteristics of the environment against degradation;
(m) “C
