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Jon Rossall, Partner
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McLennan Ross
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Bill 29 was introduced on April 10, 2006, proposing amendments to the Environmental Protection and Enhancement Act (AEPEA) |
| 02-May-06 |
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An Energy, Environmental & Regulatory Law Update
Most significant of the proposed amendments are the changes to the delegation powers and the addition of duties to report and remediate releases that occurred before the enactment of AEPEA.
Under the proposed amendments, the minister would be able to delegate to any person any power or duty conferred or imposed upon the minister by AEPEA. Currently, this authority can only be delegated to employees of the government, a government agency or a local authority. A transfer of the administration of a provision of AEPEA could be made to any person, rather than only to another government ministry or agency. As well, any person could be designated a director under the act.
The discussion in Hansard suggests that this is to allow Alberta Environment the flexibility to form partnerships with a broader range of organizations and individuals to deliver the environmental protection mandate.
Similarly, "an inspector" would be given the power to issue, refuse to issue, amend or cancel a remediation certificate. This power can now only be exercised by the director.
A person who released, caused or permitted a release of a substance into the environment before September 1, 1993, where the activity that resulted in the release was discontinued before that date, would have a duty, under the proposed amendments, to report that release as soon as the person is aware that an adverse effect has occurred or is occurring. There is an associated duty for the person responsible for the historical release to take remedial measures, and the director would be able to issue an environmental protection order in this regard.
The proposed amendments would also give cabinet the power to make an emissions trading regulation under this act. The previously issued Emissions Trading Regulation is validated by the proposed amendments.
Regulations under this act would also adopt or incorporate by reference standards, practices, codes, guidelines, objectives, methods or other rules of any government, organization or person.
This update is a general overview of the subject matter and cannot be regarded as legal advice. Please contact Ron Kruhlak in Edmonton at rkruhlak@mross.com, Gavin Fitch in Calgary at gfitch@mross.com, or any member of our Energy, Environmental & Regulatory Practice Group for advice on this or any other energy, environmental or regulatory law topic. |
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