Revised Statutes of Newfoundland 1990 Chapter D-11

(a) "beneficial use" means a use of water, including the method of diversion, storage, transportation and application, that is reasonable and consistent with the public interest in the proper utilization of water resources, including but not limited to domestic, agricultural, industrial, power, municipal, navigational, fish and wild life and recreational uses;

(b) "body of water" means a surface or subterranean source of fresh or salt water within the jurisdiction of the province, whether that source usually contains water or not, and includes water above the bed of the sea that is within the jurisdiction of the province, a river, stream, brook, creek, watercourse, lake, pond, spring, lagoon, ravine, gully, canal and other flowing or standing water and the land usually or at a time occupied by that body of water;

(d) "department" means the Department of Environment and Lands constituted by this Act;

(e) "deputy minister" means the Deputy Minister of Environment and Lands appointed under this Act;

(f) "land" means all land within the province and includes land covered by water;

(g) "licence" means a licence issued under this Act;

(h) "local advisory commission" means a local advisory commission appointed under this Act;

(i) "minister" means the Minister of Environment and Lands referred to in section 3;

(j) "municipal authority" includes

(i) the City of St. John's,

(ii) the City of Corner Brook,

(iii) the City of Mount Pearl,

(iv) The St. John's Metropolitan Area Board, and

(v) a local service district committee or the council of a community, town or region constituted or continued under the Municipalities Act;

(k) "person" includes a body of persons whether incorporated or not;

(l) "pollution" means an alteration of the physical, chemical, biological or aesthetic properties of air, soil or waters of the province, including change of temperature, taste or odour, or the addition of a liquid, solid, radio-active, gaseous or other substance to the air, soil or waters, or the removal of those substances from the air, soil or waters, which will render or is likely to render the air, soil or waters of the province harmful to the public health, safety or welfare, or harmful or less useful for domestic, agricultural, industrial, power, municipal, navigational, recreational or other lawful uses, or for animals, birds, or aquatic life;

(m) "sewage" includes residential, municipal, commercial or industrial waterborne or solid wastes, which would, if left untreated, cause pollution, but does not include drainage and storm water collected from natural run-off;

(n) "sewage works" means works for or incidental to the collection, transmission, treatment and disposal of sewage, or a part of those sewage works;

(o) "water resources" means all bodies of water in the province;

(p) "waterworks" means a public, commercial or industrial works for the collection, production, treatment, storage, supply and distribution of water, or a part of those waterworks; and

(q) "works" includes all property, buildings, erections, plant, machinery, installations, materials, dams, canals, devices, fittings, apparatus, appliances and equipment.

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3. (1) There shall be a department of the government called the Department of Environment and Lands over which the Minister of Environment and Lands appointed by the Lieutenant-Governor by commission under the Great Seal of the province shall preside.

(2) The minister has the management and direction of the department and holds office during pleasure.

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4. (1) The Lieutenant-Governor in Council may appoint an officer called the Deputy Minister of Environment and Lands.

(2) The deputy minister shall be the deputy head of the department and shall hold office during pleasure.

(3) Those other officers and employees that are necessary for the proper conduct of the business of the department shall be appointed or employed in the manner authorized by law, but the minister may temporarily employ those technical and other assistants that the minister considers necessary.

(4) Where there is no deputy minister or the deputy minister is absent, and unless otherwise provided by the Lieutenant-Governor in Council, an officer named by the minister has the powers and shall perform the duties of the deputy minister.

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5. (1) The department shall have a seal which shall be officially and judicially noticed.

(2) Where the official seal of the department is used, it shall be authenticated by the signature of the minister or by the signature of the deputy minister, or, where there is no deputy minister or the deputy minister is absent, by the signature of the person who, under subsection 4(4), has the powers of the deputy minister.

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6. The powers, functions and duties of the minister extend to and include

(a) the supervision, control and direction of all matters relating to

(i) the protection and enhancement of the quality of the natural environment, including water, air and soil quality,

(ii) the conservation, development, control, improvement and proper utilization of the water resources of the province,

(iii) Crown lands,

(iv) surveys, including geodetic, topographical and cadastral surveys, and the preparation of maps, survey plans and records,

(v) the naming of geographical plans and features by the Newfoundland Geographical Names Board,

(vi) the management, preservation, control, protection and propagation of the wild life of the province,

(vii) the management, preservation, control, protection and development of provincial parks,

(viii) the provincial interest in all national parks established or to be established in the province by the Government of Canada, and

(ix) the administration, subject to the Public Service Rearrangements and Transfers of Duties Act, of the Acts set out in the Schedule and of all orders and regulations passed or made under those Acts and of those other Acts, orders and regulations that are designated by the Lieutenant-Governor in Council,

which are not by law or by order of the Lieutenant-Governor in Council assigned to another minister or department of the government;

(b) liaison and co-operation with

(i) the Government of Canada or a department, agency or body under the jurisdiction of that government,

(ii) the government of a province or a department, agency or body under the jurisdiction of the government of a province or under the jurisdiction of the government of this province, or

(iii) a corporation or other body or person,

that may be necessary or desirable for carrying out the purpose of this Act;

(c) the undertaking, promotion or recommendation of measures for the control and direction of matters referred to in paragraph (a);

(d) the collection, compilation, analyzing and recording of statistical and other information relating to matters referred to in paragraph (a);

(e) the preparation and publication of statistics, reports, records, bulletins, pamphlets, circulars and other means of distributing information in relation to matters referred to in paragraph (a);

(f) the study of, reporting on and advising upon the administration of matters referred to in paragraph (a);

(g) the consideration of and reporting upon a recommendation for a change in the laws of the province relating to matters referred to in paragraph (a) that is presented or made by an organization or person;

(h) the making of inquiries into and reports upon legislation respecting matters referred to in paragraph (a) in force in Canada and throughout the world and, on the basis of those inquiries and reports, making those recommendations that may be advisable with regard to the laws of the province;

(i) the doing of other things or the exercise of other powers that are necessary or desirable for carrying out the purpose of this Act; and

(j) the exercise and discharge of other powers, functions and duties that the Lieutenant-Governor in Council assigns to the minister.

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7. The minister has, subject to the Department of Works, Services and Transportation Act and the Department of Mines and Energy Act, the control and management of

(a) all unoccupied lands belonging to the Crown except lands specifically under the control and management of another minister, department or agency of the government of the province; and

(b) other lands belonging to the Crown over which the minister is given the control and management by order of the Lieutenant-Governor in Council.

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8. The minister may, for the purpose of obtaining a basis for the representation of the natural resources and of the geographical and geological features of a part of the province, order those measurements, observations, investigations and physiographic, exploratory and reconnaissance surveys to be made that are necessary for or in connection with the preparation of reports, statistics, maps, sketches, plans, sections or diagrams.

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9. The minister may authorize the distribution or sale of publications, maps and other documents issued by the department and may authorize distribution of duplicate specimens to scientific, literary and educational institutions in Canada or elsewhere.

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10. In exercising the minister's powers or carrying out the minister's duties and functions under this Act, the minister may consult with and inaugurate conferences of representatives of those bodies or persons that the minister may consider advisable.

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11. (1) Subject to the approval of the Lieutenant-Governor in Council, the minister may enter into agreements with the Government of Canada or of a province of Canada or an agency of the Government of Canada or of the government of a province providing for

(a) the joint undertaking, by the government of the province or an agency of the government with those governments, or an agency of those governments, of projects relating to an aspect of the powers, functions or duties of the minister; and

(b) the payment by or to the province of contributions in respect of the cost of projects referred to in paragraph (a).

(2) The minister may, for the purpose of this Act, and subject to the approval of the Lieutenant-Governor in Council, prepare and undertake, alone or with Canada or with a province of Canada, programs of research and investigation, and may coordinate those programs with other similar programs being undertaken in the province or elsewhere in Canada.

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12. Subject to the approval of the Lieutenant-Governor in Council, the minister may enter into an agreement for the purpose of exercising or discharging the minister's powers, functions or duties.

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13. Power to enter into an agreement shall include power to amend that agreement but, where the approval of the Lieutenant-Governor in Council for the original agreement is required, that approval is also required for an amending agreement.

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14. (1) Notwithstanding that the approval of the Lieutenant-Governor in Council is required for an agreement under section 11 or 12, the Lieutenant-Governor in Council may approve terms, conditions and monetary limits subject to which the minister may, without prior approval of the Lieutenant-Governor in Council, enter into agreements under section 11 or 12.

(2) Subject to the terms, conditions and monetary limits approved by the Lieutenant-Governor in Council, the minister may enter into an agreement without approval of the Lieutenant-Governor in Council.

(3) Where the minister enters into an agreement under subsection (2), the minister may enter into an amending agreement, subject to those same terms, conditions and limits.

(4) Notwithstanding subsection (3), where an amendment to an agreement would result in the agreement, as amended, exceeding or violating the terms, conditions and monetary limits, the minister shall not enter into the amending agreement without first obtaining the approval of the Lieutenant-Governor in Council.

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15. The minister may implement an agreement made under this Act.

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16. The minister may make arrangements, enter into agreements or otherwise co-operate with the Government of Canada or of a province of Canada, or a department, agency or body under the jurisdiction of the Government of Canada, or a municipal authority or other body or authority in the manner and to the extent that may be necessary or desirable for carrying out the purpose of this Act, or of an Act of Canada which makes provision for the optimum use and preservation of water resources for the benefit of all Canadians, including the purposes of the conservation, development, control, improvement or proper utilization of the water resources of the province or of Canada, or the prevention of pollution of air, soil or water resources.

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17. In carrying out a project or research program under this Act or in pursuance of an agreement made under this Act, the minister shall, where possible, make use of the services and facilities of other departments of the government.

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18. The Lieutenant-Governor in Council may establish boards, committees and councils to assist and advise the minister in administering the provisions of this Act and appoint the members of those boards, committees and councils.

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19. (1) The property in and the right to the use and flow of all water at a time in a body of water in the province are for all purposes vested in the Crown, and no right to divert or use water or a body of water may be acquired by prescription.

(2) Notwithstanding subsection (1), the property in and the right to the use and flow of all water vested in the Crown by virtue of subsection (1) shall be subject to rights of property, use and flow conferred on a municipal authority or person by or under an Act of the province or a valid grant, lease, licence or other instrument.

(3) Nothing in this section or an Act of the province or a valid grant, lease, licence or other instrument shall confer or be construed to confer the right or privilege of water pollution to the degree beyond that which is prescribed by the regulations as constituting a polluted or unwholesome condition, or tending to that condition or a right or privilege which would have the effect of excluding or limiting the right of control conferred by this Act or the regulations on the minister in respect of the pollution of water, and those rights or privileges held immediately before December 18, 1989 whether those rights or privileges are held by an Act or by a valid grant, lease or licence or by the operation of law or otherwise are forever extinguished and barred.

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20. (1) The minister may order studies to be made of bodies of water within the province for the purpose of assembling the fullest possible information on the quantity, quality, character, location and use or possible use of those bodies of water, and respecting matters which the minister considers advisable in the interests of the present or future conservation, development, control, improvement or proper utilization of those bodies of water or in the interests of the compilation of information of value to the province in or for that conservation, development, control, improvement or proper utilization.

(2) The minister shall make a written report to the Lieutenant-Governor in Council on the results of studies carried out under subsection (1), and copies of the report shall be laid before the House of Assembly at the next session after the report is made to the Lieutenant-Governor in Council.

(3) The minister shall, in the report referred to in subsection (2), make recommendations for carrying out the purpose and intent of this Act, including recommendations respecting reforestation or other ancillary water conservation, development or improvement measures.

1989 c21 s20

21. Subject to the Department of Municipal and Provincial Affairs Act, the minister shall have control of

(a) the use of all surface, ground and shore waters;

(b) the allocation of the use of waters;

(d) alteration of the natural features of a body of water and the natural movement of water in a body of water.

1989 c21 s21

22. (1) Where a municipal authority or person contemplates the establishment of waterworks, or the extension of or change in existing waterworks, the plans, specifications and an engineer's report of the water supply and the works to be undertaken, together with other information that the minister may require, shall be submitted to the minister, and no work shall be undertaken or proceeded with until the source of water supply and the proposed works have been approved, in writing by the minister.

(2) Where a municipal authority or person undertakes or proceeds with the establishment of waterworks or the extension of or change in an existing waterworks, without first obtaining the approval referred to in subsection (1), the minister may order an investigation of the works and the source of water supply and may order those changes to be made in the works or in the source of water supply, that the minister considers necessary, the investigation and changes to be made at the expense of the municipal authority or person.

(3) Where, in the opinion of the minister, it is in the public interest to do so, the minister may refuse to grant his or her approval or may grant his or her approval on those terms and conditions that the minister considers necessary.

(4) Where, in the opinion of the minister, the quality or property of water in an existing waterworks is in a polluted or unwholesome condition or an existing waterworks require alteration, the minister may order the alteration or additions, that may be considered necessary, to be made by and at the expense of the municipal authority or person operating the waterworks and in a manner and within a time that the minister directs.

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23. Waterworks referred to in section 22 shall at all times be maintained, kept in repair and operated in a manner and with those facilities that the minister directs.

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24. (1) A person or municipal authority shall, before

(a) the construction of sewage works or the extension of or change in sewage works; or

(b) the construction of an industrial or processing works which will, when established and in operation, emit smoke, vapour or gas into the open air, or the extension or change in an existing industrial or processing works which will, when the extension or change is completed and in operation, emit smoke, vapour or gas into the open air,

submit to the minister the plans, specifications and an engineer's report of the works to be undertaken and the location of the discharge of the effluent or emission, together with other information that the minister may require, and the works shall not be undertaken or proceeded with until the proposed works have been approved in writing by the minister.

(2) Where a person or municipal authority undertakes or proceeds with the construction, extension or change of the works referred to in subsection (1), without first obtaining the approval referred to in that subsection, the minister may order an investigation of the works and the location of the discharge of effluent or emission and may order changes to be made in the works or in the location of the discharge of effluent or emission that the minister considers necessary, the investigation and changes to be made at the expense of the person or municipal authority.

(3) The minister may, after considering the plans, specifications, report and other information that may be required by the minister under subsection (1), and after considering also the regulations relating to qualities, properties and treatment of sewage or standards of emission for gaseous or particulate substances, grant approval to the construction of the proposed works, which approval may be given subject to those terms and conditions that may be warranted by the preceding considerations.

(4) Where, upon receiving information that

(a) sewage requires sewage works;

(b) existing sewage works require alteration; or

the minister may order alterations or additions, that may be necessary, to be made by and at the expense of the municipal authority or person operating the facility and in a manner and within a time that the minister directs.

(5) The works referred to in subsection (1) shall at all times be maintained, kept in repair and operated in a manner and with those facilities that may be directed by the minister.

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25. Subject to the regulations, a municipal authority or person shall not discharge or deposit material of any kind into a body of water or on a shore or bank of a body of water or in a place that may cause pollution or impair the quality of water for a beneficial use.

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26. (1) The minister may define and prescribe an area surrounding a source of public water supply, and the municipal authority or person operating a waterworks and using water from that source shall

(a) give notice of the area so defined and prescribed by publication or otherwise; and

(b) protect that source of public water supply.

(2) In a defined and prescribed area, a person shall not

(a) place, deposit, discharge or allow to remain in the prescribed area material of a kind that might impair the quality of the water; or

(b) fish, bathe, swim or wash in or otherwise impair the quality of the water.

(3) Notwithstanding subsection (2), where the minister is satisfied upon the advice of his or her officials that the nature and size of a public water supply area is sufficiently large to preclude pollution by a person, the minister may define and prescribe a section of the public water supply area to be used by persons for fishing, boating, swimming, washing or other activity prescribed by the regulations.

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27. (1) Where a municipal authority or person contemplates a hydro-electric power project, a control dam, a river diversion, a drainage diversion or an alteration of a body of water or of water flow in it, the plans and other information that the minister may require shall be submitted to the minister, and no proposed work shall be undertaken or proceeded with until approved in writing by the minister.

(2) Subsection 24(3) shall apply to an approval by the minister under this section in so far as it affects a body of water to which subsection 19(2) applies.

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28. (1) The minister may, on receiving a report from his or her officials or from the commission or a local advisory commission that a condition exists which is causing or is likely to cause pollution of the air, soil or a body of water, make an order to protect the environment from that condition and to prevent, restrict or prohibit an activity which in the minister's opinion is giving rise to or is likely to give rise to that condition and may make an order stopping works or operations, in this and the next succeeding section referred to as a "stopping order", either permanently or for a period that is specified in the order.

(2) The minister shall serve on the owner or person in charge of the works or the operations affected by the stopping order a copy of the order and a statement showing the reasons for the making of the order, and upon receipt of that copy and statement, the owner or person in charge of the works or operations shall ensure that the works or operations are stopped.

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29. (1) The owner or other person aggrieved by a stopping order may

(a) in the case of a stopping order directing a permanent stoppage, within 60 days from the date of the order; or

(b) in the case of a stopping order directing stoppage for a period that is not permanent, at a time during that period,

appeal against the order to a judge of the Trial Division by filing a notice of the appeal in the office of the Registrar of the Supreme Court and by serving a copy of the notice of appeal on the minister or deputy minister.

(2) Notwithstanding a rule or practice to the contrary, the notice of appeal shall

(a) set out in detail the allegations of the appellant and the grounds upon which the order is appealed against; and

(b) be signed by the appellant or the appellant's solicitor.

(3) The appellant shall, within 14 days after service of the notice of appeal under this section, apply to the judge for the appointment of a day for the hearing of the appeal and shall, not less than 14 days before the hearing, serve upon the deputy minister a written notice of the day appointed for the hearing.

(4) The minister shall produce before the judge hearing the appeal all papers and documents in his or her possession affecting the matter of the appeal.

(5) The judge shall hear the appeal and the evidence brought forward by the appellant and the Crown in a summary manner and shall decide the matter of the appeal by

(a) upholding, amending or revoking the stopping order after considering, upon all matters submitted to him or her, whether the works or operations did constitute a condition which did pollute or was likely to pollute the air, soil or a body of water; or

(b) making another decision which the judge considers to be proper in the circumstances,

and with power also to make orders as to costs for or against the appellant or the Crown and to fix the amount of the costs.

(6) An appeal may be taken from the decision of the judge of the Trial Division to the Court of Appeal upon a point of law raised upon the hearing of the appeal, and the rules governing appeals to that court from a decision of a judge of the Trial Division shall apply to appeals under this subsection.

(7) The filing of a notice of appeal under this section, or the appeal itself, shall not affect the stopping order, which shall remain in force pending the outcome of the appeal.

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30. (1) The Lieutenant-Governor in Council may appoint an Advisory Commission on Environmental Quality, consisting of not less than 8 and not more than 15 members, and

(a) the department;

(b) the Department of Forestry and Agriculture;

(d) the Department of Health;

(e) the Department of Fisheries;

(f) the Department of Development; and

(g) the Department of Municipal and Provincial Affairs,

shall each be represented by at least 1 member who is employed or designated by that department.

(2) The Lieutenant-Governor in Council may appoint local advisory commissions for specified areas of the province or designate an existing board, commission or other body as a local advisory commission for a specified area.

(3) The Lieutenant-Governor in Council may designate 1 of the members of the commission and 1 of the members of a local advisory commission to be chairperson and another to be vice-chairperson of the commission and of a local advisory commission, as the case may be.

(4) During the incapacity or absence of the chairperson or a vacancy in the office of the chairperson, the vice-chairperson or 1 of the other members of the commission or the local advisory commission designated by the Lieutenant-Governor in Council has and may exercise all the powers of the chairperson and shall discharge all of his or her duties.

(5) The commission and local advisory commissions shall perform those duties and functions that are conferred upon them by the Lieutenant-Governor in Council or the minister.

(6) All members of the commission or of a local advisory commission shall hold office during pleasure.

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31. (1) A majority of the members of

(a) the commission; or

(b) a local advisory commission

constitute a quorum.

(2) When, at a meeting of the commission or a local advisory commission, there is an equality of votes including his or her own vote, the member presiding at the meeting has a 2nd or casting vote.

(3) Where a vacancy occurs in the membership of the commission or a local advisory commission, by reason of the death, resignation or indisposition of a member, the Lieutenant-Governor in Council may exercise the power of appointment or designation conferred by this Act respecting another person to replace that member.

(4) Notwithstanding the Legislative Disabilities Act, where a member of the House of Assembly is or becomes a member of the commission or a local advisory commission, his or her seat does not become vacant by reason only of his or her appointment and acceptance of remuneration as a member of the commission or a local advisory commission.

(5) The Lieutenant-Governor in Council may authorize the payment of a separate remuneration or a daily allowance and expenses to some or all of the members of the commission or a local advisory commission.

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32. (1) The expenditures of the commission or the local advisory commissions shall be met by the Minister of Finance, on the request of the minister, out of the Consolidated Revenue Fund of the province from those funds that may be voted annually by the Legislature.

(2) All receipts of money by the commission or the local advisory commissions shall be deposited in the Consolidated Revenue Fund when they come into the hands of the commission and local advisory commissions.

1989 c21 s32

33. (1) The Lieutenant-Governor in Council may make regulations

(a) providing for the inspection and testing of air, soil or bodies of water;

(b) prohibiting, restricting and regulating the use of water from a specified body of water generally for household, industrial, commercial or irrigation purposes;

(c) prescribing what qualities and properties of air, soil or water shall constitute a polluted condition or an unwholesome condition;

(d) preventing or restricting the pollution, discolouration or rendering unwholesome of bodies of water;

(e) prescribing standards of quality of water supplies intended for household, industrial or irrigation purposes, with power to adopt, with or without modification, published codes, rules or standards relating to water quality;

(f) subject to the terms and conditions of a permit issued under the regulations made under paragraph (h), regulating the qualities and properties of and prohibiting or restricting the discharge of sewage and waste effluents that may be discharged into sewage works, public sewage systems, bodies of water, sea waters from a source within the province, or on or into the soil;

(g) prescribing methods of treatment of sewage and waste effluents that may be discharged into sewage works, public sewage systems, bodies of water, sea waters from a source within the province, or on or into the soil;

(h) providing for the issuance of permits on terms and conditions that may be described in the permit to persons or groups of persons for the discharge of sewage and waste effluents, and in a permit provision may be made exempting those persons or groups from compliance in whole or in part with regulations made under paragraph (f);

(i) providing for the investigation of complaints of

(i) the pollution or rendering unwholesome of bodies of water,

(ii) acts tending to pollution or unwholesomeness, and

(iii) acts detrimental to the conservation, development, control, improvement or proper utilization of the water resources of the province;

(j) regulating the use for pleasure or recreation of bodies of water;

(k) requiring a person who has caused a body of water, or part of a body of water, or soil on an area of land to become polluted or unwholesome to cleanse, disinfect or purify it at his or her own cost and expense, and prescribing how and when that cleansing, disinfection or purification is to be carried out;

(l) regulating the use for pleasure or recreation of public water supplies under section 26;

(m) prescribing the type and manner of protection of water supplies under subsection 26(1);

(n) prescribing the types of activities for the purposes of subsection 26(3);

(o) regulating the method of the carrying on of businesses, trades or industries which in the opinion of the minister, if not so regulated, would or might cause pollution or the rendering unwholesome of a body of water or would or might be detrimental to the proper conservation, development, control, improvement or utilization of the water resources of the province;

(p) preventing or restricting the pollution of the air;

(q) providing for the investigation of complaints of air pollution;

(r) prescribing standards of emission for gaseous or particulate substances emitted to the air from a public, industrial or commercial works;

(s) preventing or restricting pollution of the soil;

(t) providing for the licensing of persons with respect to the use of water from a specified body of water or bodies of water generally for a specified household, industrial, commercial or irrigation purpose and fixing the licence fees payable by those persons at different amounts;

(u) providing for the form of licences and the terms and conditions upon which licences may be issued, refused, renewed, suspended or revoked;

(v) prohibiting persons from using water from a specified body of water or bodies of water generally for specified household, industrial, commercial or irrigation purpose, except under authority of a licence;

(w) requiring and prescribing returns, accounts, records and statements to be made by persons holding licences and other persons, the information to be given in those returns, accounts, records and statements, and by whom and in what manner and at what time they shall be made;

(x) providing for the holding of inquiries into a complaint referred to in paragraph (i) or into the operation of this Act or into a charge or complaint that a person has contravened this Act or the regulations, or has made a false statement in a form, return, account or statement required to be made under this Act or the regulations, or into another matter arising in the administration of this Act, and providing that the person holding the inquiry shall have all of the powers that are or may be conferred upon a commissioner by or under the Public Inquiries Act, including the power to take evidence under oath or affirmation;

(y) providing for the issuance by the minister of orders designed to prevent or remedy the pollution or rendering unwholesome of the air, soil or a body of water;

(z) providing for the appointment of inspectors and other officers to carry out and enforce this Act and the regulations and prescribing their powers, duties and functions;

(aa) adopting by reference in whole or in part with or without modification and a supplement or amendment

(i) regulations of the Government of Canada, and

(ii) a code, rule or standard adopted by a recognized engineering association in Canada, Great Britain or the United States of America,

relating or capable of application to matters set out in this section;

(bb) exempting from the regulations or a portion of the regulations a person or class of persons;

(cc) assigning or conferring upon the commission or a local advisory commission, or the chairperson of the commission or of a local advisory commission, or both the commission or local advisory commission and the chairperson, the powers, duties and functions that the Lieutenant-Governor in Council may consider necessary or advisable for the purpose of this Act or the regulations;

(dd) necessary or desirable for the carrying out of the minister's powers, functions and duties under this Act;

(ee) providing for the management, maintenance, proper use and protection of real or personal property, of which the minister has the management and control; and

(ff) generally, to give effect to the purpose of this Act.

(2) Regulations may be made under subsection (1) to apply to the whole of the province or may be restricted in their application to specified areas of the province and may be limited as to time or otherwise.

(3) A copy of regulations, codes, rules or standards and amendments or supplements made to them, as adopted by reference under paragraph (1)(aa) signed by the minister, shall be kept on record in the department and shall be available for inspection by members of the general public.

(4) The copy of regulations, codes, rules or standards referred to in subsection (3) as signed by the minister is the copy of the regulations, codes, rules or standards adopted or varied by the Lieutenant-Governor in Council under subsection (1), notwithstanding that a revised set of regulations, codes, rules or standards has been made.

(5) An alleged infringement of the regulations made under paragraph (1)(aa) is to be governed by the copy of the regulations, codes, rules or standards signed under subsection (3).

(6) A certificate of the minister that a document is a copy of regulations, codes, rules or standards or a supplement or amendment to them, or an extract of them, is, in the absence of evidence to the contrary, proof that the document is a true copy of the original.

(7) Every person who contravenes the regulations made under subsection (1) or an order made under the regulations is guilty of an offence and is liable on summary conviction to the penalty prescribed under subsection (8).

(8) The minister may, in regulations made under subsection (1), prescribe penalties for offences under subsection (7).

(9) The conviction of a person for contravening the regulations or an order made under the regulations shall not operate as a bar to further prosecution for the continued contravention of the regulation or order.

1989 c21 s33

34. An inspector or other officer appointed under this Act or the regulations may at all reasonable times, so long as it is reasonably necessary to determine compliance with this Act, enter on to land or a body of water for the purpose of carrying out his or her duties, powers and functions, including inspecting and testing air, soil or a body of water.

1989 c21 s34

35. The minister, or a person appointed by the minister for the purpose, shall have authority to inspect the works, books, accounts, papers and records of a person licensed to use water under the regulations made under paragraph 33(1)(t) as may be relevant to that use.

1989 c21 s35

36. The rights, duties, powers, liabilities and functions of the minister extend and apply to those boards and other public bodies, officials, subjects, services and properties of the Crown which the Lieutenant-Governor in Council designates and assigns to the minister and over which the minister is given the control, regulation, management and supervision.

1989 c21 s36

37. (1) An agreement, deed or other writing made or executed under this Act shall not bind the government or the minister or be held to be the act of the government or the minister unless it is signed by the minister or the deputy minister or 1 of the persons designated under subsection 4(4) to exercise the powers and perform the duties of the deputy minister in the specified circumstances.

(2) Subsection (1) does not apply to transactions in the routine course of administering the affairs of the department under this Act.

1989 c21 s37

38. The minister, the deputy minister or an officer named by the minister under subsection 4(4) may require an account furnished by a person whether in the employ of the department or not to be attested on oath or affirmation, which oath or affirmation may be administered by the minister, the deputy minister or an officer referred to in subsection 4(4).

1989 c21 s38

39. The minister, the deputy minister or an officer named by the minister under subsection 4(4) shall have the power to require and take security by way of bond or deposit of money for the performance of work in accordance with an agreement entered into with the minister or the department or an employee of the department.

1989 c21 s39

40. Unless otherwise provided by law, all actions, suits and other proceedings taken by the minister or the department for the enforcement of an agreement or for the recovery of damages in tort or arising out of contract or for the trial of a right in respect of real or other property under the control of the minister shall be instituted in the name of the Attorney General.

1989 c21 s40

41. Where pollution occurs and the person or municipal authority that the minister considers responsible for the occurrence of the pollution fails to do the things that the minister considers are appropriate to prevent, control, eliminate or ameliorate the pollution, the minister may take appropriate action to prevent, control, eliminate or ameliorate the pollution and the costs incurred by the minister in taking that action are a debt due the Crown and are recoverable from the person or municipal authority that the minister considers responsible for the occurrence of the pollution.

1989 c21 s41

42. A copy of a document in the custody of the department, certified by the deputy minister to be a true copy, is considered to be authentic and is, in the absence of evidence to the contrary, evidence of the same legal effect as the original for the purpose of a proceeding in a court or for another purpose.

1989 c21 s42

43. (1) The minister, for and in the name of the Crown, may acquire by purchase, lease or otherwise and hold, manage and control real or personal property which the minister considers necessary for the purpose of this Act.

(2) The minister may

(a) sell; or

(b) lease, rent, hire or otherwise dispose of for a period and subject to those terms and conditions that the minister may stipulate,

real or personal property of which the minister has the management and control.

(3) All money received by the minister in the exercise of the powers conferred on the minister by subsection (2) shall be paid into the Consolidated Revenue Fund.

(4) Whenever the Crown acquires or disposes of property through the minister, the minister or the deputy minister may execute all deeds and documents on behalf of the Crown with his or her signature and official title and with the seal of the department.

1989 c21 s43

44. (1) The minister, after giving

(a) to the owner of land, where the owner is known and available and can easily be contacted; or

(b) to the occupier of occupied land, whether or not the occupier is the owner of the land, where the owner lives on a part of the land or is known and available and can easily be contacted,

reasonable notice, may authorize an engineer, agent, servant or worker employed by the minister to enter into and upon the land and survey the land and make those borings or sink those trial-pits and cut those trees that the minister considers necessary relative to the work under his or her control and where agreement cannot be reached between the minister and the party having ownership of the land as to compensation to be paid, the amount of compensation shall be ascertained in the manner provided by law for assessing the compensation payable where land is expropriated.

(2) The minister shall, by his or her engineers, agents, servants, and workers,

(a) in doing anything authorized by subsection (1), exercise reasonable precautions to prevent fires; and

(b) fill in, as soon as practicable, the borings and trial-pits referred to in subsection (1), as nearly as reasonably possible to the condition existing before the borings were made and the trial-pits were sunk.

1989 c21 s44

45. A person shall not

(a) obstruct or interfere with an engineer, agent, servant or worker of the minister engaged in exercising on behalf of the minister power under this Act; or

(b) interfere with an erection placed upon or work done on land under this Act.

1989 c21 s45

46. Payments required to be made by or on behalf of the Crown under an agreement entered into under this Act or in carrying out this Act or the regulations shall be paid by the Minister of Finance, on the request of the minister, out of the Consolidated Revenue Fund.

1989 c21 s46

47. (1) A municipal authority or person who contravenes this Act or the regulations or an order made under this Act or the regulations, or makes a false statement in an application, form, return, account, record, statement, or other document completed or made under this Act or the regulations, is guilty of an offence and is, where no penalty is specifically provided in this Act or the regulations, liable on summary conviction,

(a) in the case of a corporation, including a municipal authority, to a fine of not more than $25,000; and

(b) in the case of a person not being a municipal authority or corporation to a fine of not more than $1,000 and, in default of payment to imprisonment for a term not exceeding 6 months, or to both a fine and imprisonment.

(2) Every continuance for a day or a part of a day of the contravention referred to in subsection (1) constitutes a separate offence.

1989 c21 s47

48. A prosecution under this Act or the regulations shall not be taken except with the written consent of the minister.

1989 c21 s48

Schedule

1. Abandoned Lands Act

2. Administration and Control of Lands of the Crown Transfer Act

3. Crown Grants Proceedings Act

4. Crown Lands Act (with Forestry and Agriculture)

5. Development Areas Lands Act

6. Environmental Assessment Act

7. Geographical Names Board Act

8. Labrador Lands Reservation Act

9. Land Development Act

10. Land Surveyors Act

11. National Parks Lands Act

12. Pesticides Control Act

13. Provincial Parks Act

14. Reservation of Lands to the Crown Act

15. Unimproved Lands Redistribution Act

16. Veterans Land Settlement Act

17. Waste Material Disposal Act

18. Waters Protection Act

19. Well Drilling Act

20. Wild Life Act

21. Wilderness and Ecological Reserves Act

1989 c21 Sch