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Legislative Assembly of New Brunswick
Status of Legislation - First Reading Bill
An Act to Amend the Clean Water Act
 
Legislature :
54
Session :
4
Bill No. :
46
Member :
Hon. Jardine
First Reading :
2002-5-10
Second Reading :
2002-5-14
Committee of the Whole :
2002-5-29
Amended :
Third Reading :
2002-5-30
Royal Assent :
2002-6-7
        
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Text of Bill :

                                                                        
   Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1                   Section 1 of the Clean Water Act, chapter C-6.1 of the Acts of New Brunswick, 1989, is amended

   (a)       in the definition “contaminant” by striking out the portion following paragraph (d) and substituting “and includes a pesticide or waste;”;

   (b)       by adding the following definitions in alphabetical order:

   “costs” includes expenses, disbursements, losses, damages and charges;
   
   “order” means an order issued under this Act or the regulations, but does not include

   (a)       an order issued under section 10 or 13, and
   
   (b)       a Designation Order;

   (c)       in the definition «matières usées» in the French version by striking out “de toute sorte ou toute autre matière” and substituting “de toute sorte et toute autre
   matière”;

   (d)       by repealing the definition “release” and substituting the following:

   “release”, when used with reference to a contaminant or other matter regardless of form, includes the discharging, emitting, leaving, depositing or throwing of the contaminant
or other matter and the doing of or the omission to do any other activity in respect of the contaminant or other matter, with the direct or indirect result that the contaminant or
other matter enters into or upon water, whether or not the contaminant or other matter previously existed in or upon the water;

   (e)       by repealing the definition “significant health risk” and substituting the following:

   “significant health risk”, when it refers to a risk posed by water, means the presence in water of a contaminant or a class of contaminant, the amount, concentration or level of
which, when attained in water by itself or in combination with another contaminant or any substance, in the opinion of the Minister of Health and Wellness, endangers the health
of a person in the circumstances;

2                   Subsection 3(3) of the French version of the Act is amended by striking out “Nulle ordonnance, directive ni condition émise, donnée ou imposée” and substituting
“Nul arrêté, directive ni condition pris, donné ou imposé”.

3                   Section 4 of the Act is repealed and the following is substituted:

4(1)            Subject to subsection 12(3), the Minister may, in the circumstances described in subsection (2), issue an order requiring the person to whom it is directed to do, in
accordance with the directions set out in the order, one or more of the following:

   (a)       to control or reduce the rate of release of any contaminant into or upon water;
   
   (b)       to eliminate the release of any contaminant into or upon water
   
      (i) permanently,
      
      (ii)                      for a specified period, or
      
      (iii)                   in the circumstances set out in the order;
   
   (c)         to alter the manner of release of any contaminant into or upon water;
   
   (d)       to alter the procedures to be followed in the control, reduction or elimination of the release of any contaminant into or upon water;
   
   (e)         to install, replace or alter any equipment or thing designed to control, reduce or eliminate the release of any contaminant into or upon water;
   
   (f)         to install, replace or alter a wastewater treatment facility or waterworks in order to control, reduce, eliminate or remedy the release of a contaminant into or upon water;
   
   (g)       to conduct any investigation, make any tests and prepare and submit to the Minister any reports required by the Minister; and
   
   (h)       if a contaminant has been released into or upon water, to carry out clean-up, site rehabilitation, restoration of land, premises or personal property or other remedial action.

4(2)            The Minister may issue an order in relation to a contaminant if the Minister is of the opinion that

   (a)       the contaminant has been, is being or may be released into or upon water at a rate exceeding the maximum rate established by this Act or the regulations for the release of
   that contaminant,
   
   (b)       the contaminant has been, is being or may be released into or upon water in a manner prohibited under this Act or the regulations,
   
   (c)         the release of the contaminant is prohibited under this Act or the regulations, or
   
   (d)       it is in the best interests of the public to make the order, in circumstances where the release of the contaminant has caused, is causing or may cause

      (i) the natural, physical, chemical or biological quality or constitution of water to be affected,
      
      (ii)                      the health of human, plant or animal life or the safety or comfort of a human to be adversely affected,
      
      (iii)                   property or plant or animal life to be damaged or rendered unfit for use by persons, or
      
      (iv)                     visibility, the normal conduct of transport or business or the normal enjoyment of life or use or enjoyment of property to be interfered with.

4(3)            An order under subsection (1) may be directed to any one or any combination of the following:

   (a)       the owner of the contaminant;
   
   (b)       the person having control of the contaminant;
   
   (c)         the person who, in the opinion of the Minister, by the person’s act or omission caused the release, whether directly or indirectly and whether or not the act or omission
   constituted an offence under this Act or the regulations;
   
   (d)       a person who owns, leases, manages or has charge or control of land, premises or personal property that has been, is being or may reasonably be expected to be
   adversely affected by the release;
   
   (e)         the authority having jurisdiction over the land or premises where the release occurred, is occurring or may occur; or
   
   (f)         any person whose assistance is, in the opinion of the Minister, necessary in order to deal effectively with the release or ameliorate the situation.

4(4)            Subject to subsection 12(3), if, in the opinion of the Minister, a person has violated or has failed to comply with a provision of this Act or the regulations, the Minister
may issue an order directing the person to comply with the provision in accordance with the directions set out in the order or to carry out such other action as the Minister
considers necessary, including any action that the Minister may order to be done under subsection (1).

4(5)            An order requiring the installation, replacement or alteration of a wastewater treatment facility or a waterworks may include

   (a)       a requirement that the person to whom the order is directed provide to the Minister such drawings, specifications and other information in relation to the facility as the
   Minister requires, and
   
   (b)       a compliance schedule requiring the completion of specified stages of construction or specified components or actions by specified dates.

4(6)            A single order may deal with several contaminants or a combination of contaminants and may be directed to one or more persons.

4(7)            Except in the case of an emergency situation, an order, including an amendment or revocation of an order, shall be in writing and shall include reasons for the order.

4(8)            Each person to whom an order is directed is responsible for ensuring and shall ensure that all of the work directed to be performed under the order is carried out and all of
the action directed to be taken under the order is taken, at the person’s own expense, whether the order is directed to one or more than one person and whether or not the
Minister has given directions by order to all of the persons to whom an order may be directed.

4(9)            A person to whom an order is directed and such other persons, materials and equipment as that person considers necessary may enter upon any area, land, place or
premises in order to comply with the order and may take all further action reasonably necessary to implement the directions contained in the order, and the owner or person in
charge of the area, land, place or premises and any employees or agents of the owner or person in charge shall immediately permit those persons, materials and equipment to have
all access reasonably necessary in order to implement fully and effectively the directions contained in the order.

4(10)       An order remains in effect until

   (a)       the Minister has delivered a written notice to the persons to whom the order is directed, and to all other persons the Minister considers appropriate, to the effect that the
   order has been fully complied with, or
   
   (b)       the Minister has revoked the order.

4(11)       A person to whom an order is directed may appeal in the manner provided by regulation, but the initiation of an appeal does not abrogate the requirement to comply with
the order.

4(12)       An order is binding upon the heirs, successors, executors, administrators and assigns of the persons to whom it is directed.

4                   Section 5 of the Act is repealed and the following is substituted:

5(1)            Subject to subsection 12(3), if, in the opinion of the Minister, the action taken under an order, this Act or the regulations is not adequate, the Minister may order the
taking of such remedial action as the Minister considers necessary.

5(2)            Subject to subsection 12(3), if a person to whom an order is directed fails or refuses to comply in whole or in part with the order or part of the order, the Minister, together
with such persons, materials and equipment the Minister considers necessary, may enter upon any land or premises, using the force the Minister considers necessary, and may
take such further action the Minister considers necessary to effect compliance with or to carry out the order.

5                   Section 6 of the Act is repealed and the following is substituted:

6(1)            Upon written demand being made by the Minister, any costs incurred by the Minister while taking action under section 5 or 7, including the cost of providing water and
the cost of all persons, materials and equipment employed and the cost of ameliorating any adverse effect of the release of a contaminant, of restoring any land, premises or
personal property under subsection 8.1(2) or of repairing any other damage whatsoever done when taking the action, shall be the liability of and paid by all persons

   (a)       who failed or refused to comply with any order in which they were directed to carry out the action, or
   
   (b)       whose act or omission caused, directly or indirectly, the release to which the matter relates.

6(2)            If more than one person is liable to the Minister for costs under subsection (1), the Minister may recover all or any portion of the costs from any one or any combination
of those persons, notwithstanding that any court may have determined the distribution of liability for the costs or that those persons may have made an agreement establishing a
distribution of the costs.

6(3)            Without restricting the generality of the costs that may be awarded in any application, action or other proceeding for the recovery of costs arising from the release or
threat of release of a contaminant into or upon water, no defence shall lie and the quantum of costs awarded shall not be limited in any way, by reason only that the costs were
incurred by a person to whom an order was directed under this Act or the regulations respecting the release, in relation to performing work or taking action under the order,
including the costs of

   (a)       all persons, materials and equipment employed,
   
   (b)       ameliorating any adverse effect of the release,
   
   (c)         restoring any land, premises or personal property under subsection 8.1(1), or
   
   (d)       repairing any other damage whatsoever done in those circumstances.

6(4)            The determination by settlement, by any court or by any other means of any responsibility or liability in relation to the release of a contaminant shall in no way abrogate
from the responsibility of any person to perform work or to carry out action in accordance with an order, to restore land, premises or personal property under subsection 8.1(1) or
to pay the Minister as required under subsection (1) or (2).

6                   Section 7 of the Act is repealed and the following is substituted:

7(1)            Subject to subsection 12(3), where a contaminant has been, is being or may be released into or upon water in the circumstances described in subsection (3), the Minister
may enter upon any area, land, place or premises, together with such persons, materials and equipment as the Minister considers necessary and using the force the Minister
considers necessary, and may take such further action as the Minister considers necessary in order to prevent, control, reduce or eliminate the release of the contaminant and
ameliorate the situation.

7(2)            The owner or person in charge, and any employees or agents of the owner or person in charge, of the area, land, place or premises entered under subsection (1) shall
immediately permit the persons, materials and equipment to have all access reasonably necessary in order to deal fully and effectively with the situation.

7(3)            The Minister may take action under subsection (1), whether or not an order has previously been issued in relation to the release, if the Minister is of the opinion that

   (a)       it is in the best interests of the public to take the action, in circumstances where the release of the contaminant has caused, is causing or may cause
   
      (i) the natural, physical, chemical or biological quality or constitution of water to be affected,
      
      (ii)                      the health of human, plant or animal life or the safety or comfort of a human to be affected,
      
      (iii)                   property or plant or animal life to be damaged or rendered unfit for use by persons, or
      
      (iv)                     visibility, the normal conduct of transport or business or the normal enjoyment of life or use or enjoyment of property to be interfered with,
   
   (b)       the owner or the person having control of the contaminant

      (i) cannot readily be identified,
      
      (ii)                      has not dealt or, if so ordered, would not deal effectively with the release so as to prevent, control, reduce or eliminate the release or ameliorate the situation, or
      
      (iii)                   has requested the assistance of the Minister, and

   (c)         the release cannot be dealt with effectively by means of an order or a further order under this Act or the regulations.

7(4)            Actions taken by the Minister under subsection (1) may include those set out in subsection 4(1).

7                   Section 8 of the Act is amended

   (a)       by repealing subsection (1) and substituting the following:

8(1)            If

   (a)       the Minister has incurred any costs that remain unrecovered in part or in whole in relation to the release of a contaminant into or upon water, and
   
   (b)       the Minister has made a written demand under subsection 6(1) where applicable,

the unrecovered costs may be recovered by the Minister by action in a court of competent jurisdiction as a debt owed to Her Majesty in right of New Brunswick.

   (b)       by repealing subsection (2) and substituting the following:

8(2)            No person shall make a claim for or seek to recover any costs incurred in relation to the release of a contaminant if the Minister has incurred unrecovered costs described
in paragraph (1)(a) in relation to that release, unless that person first delivers to the Minister written notice of the action to be taken.

   (c)       in subsection (3) by striking out “any cost, expense, loss, damages or charge” and substituting “any costs”;

   (d)       by adding after subsection (3) the following:

8(3.1)      If the Minister has incurred costs described in paragraph (1)(a) and the Minister has made a written demand under subsection 6(1) where applicable, the Minister may
issue a certificate setting out the amount of the unrecovered costs and the certificate shall be delivered to all persons named in the certificate.

8(3.2)      Fifteen days after the day upon which a certificate issued under subsection (3.1) has been delivered, the Minister may file the certificate in The Court of Queen’s Bench of
New Brunswick, and the certificate shall be entered and recorded in the Court, and when it is entered and recorded, the certificate becomes a judgment of the Court and may be
entered as a judgment obtained in the Court against the person named in the certificate for the amount set out in the certificate.

8(3.3)      A person named in a certificate issued under subsection (3.1) may appeal both his or her liability for the unrecovered costs and the amount of the unrecovered costs set
out in the certificate in the manner prescribed by regulation, and if an appeal is instituted under this subsection, the Minister may not file the certificate in accordance with
subsection (3.2) until after the appeal has been determined in accordance with the regulations.

   (e)       in subsection (4) by striking out “the cost, expense, loss, damages, or charge” and substituting “the costs”;

   (f)         by repealing subsection (5) and substituting the following:

8(5)            Where the Minister has incurred costs described in paragraph (1)(a) in relation to the release of a contaminant and a person to whom an order is directed is the insured
under an insurance policy that provides for coverage for any loss or damage resulting from such a release, the insurer shall pay to the Minister any costs incurred by the Minister
while acting under section 5 or subsection 8.1(2).

   (g)       in subsection (6) by striking out “any cost, expense, loss, damages or charge” and substituting “any costs”;

   (h)       by repealing subsection (8) and substituting the following:

8(8)            In any claim or action under this section, a certificate purporting to be signed by the Minister setting out the amount of the costs referred to in paragraph (1)(a) is, without
proof of the appointment, authority or signature of the person purporting to have signed the certificate, admissible in evidence and is, in the absence of evidence to the contrary,
proof

   (a)       of the amount of the costs set out in the certificate, and
   
   (b)       that the costs were made necessary or caused by the release of a contaminant to which the claim or action relates.

   (i)         by repealing subsection (9) and substituting the following:

8(9)            The provisions of this section apply, with the necessary modifications, to any costs incurred by the Minister while

   (a)       acting under a regulation under this Act in relation to the actual or anticipated release of a contaminant into the water,
   
   (b)       acting in relation to a person’s failure or refusal to comply with an order, or
   
   (c)         carrying out an investigation or inspection in relation to the issuance of an order under this Act or the regulations.

8                   The Act is amended by adding after section 8 the following:

                                                                                 RESTORATION
8.1(1)      A person who is directed under an order to perform work or take action and who does so, whether personally or by an agent, on, over or under land that is not owned by
the person shall forthwith upon completing the work or action, restore the land and any premises and personal property adversely affected by the work or action to the condition
it was in before the work or action commenced, to the extent reasonably practicable and at the expense of the person to whom the order is directed.

8.1(2)      The Minister and all persons acting on behalf of the Minister shall, forthwith after taking action under section 5 on, over or under land that is not owned by the Crown in
right of the Province, restore the land and any premises and personal property adversely affected by the action to the condition it was in before the action commenced, to the
extent reasonably practicable.

                                                                        EFFECT OF ORDER OR ACTION
8.2               The making of an order, the taking of action by the Minister under subsection 5(2) or section 7 or the restoring of land, premises or personal property under section 8.1
shall not

   (a)       affect the validity or force of any other order that may be made under this Act or the regulations before, during or after the issuing of that order or the taking of that
   action,
   
   (b)       be interpreted or deemed by any person or court to indicate that the release of a contaminant was caused, directly or indirectly, by any person to whom an order is
   directed under this Act or the regulations,
   
   (c)         be interpreted or deemed by any person or court to bear upon or affect the liability in relation to the release of a contaminant of any person to whom an order is directed
   under this Act or the regulations, or
   
   (d)       be interpreted or deemed by any person or court to bear upon or affect the liability of any person for any costs related to the release of a contaminant.

9                   Section 10 of the Act is amended

   (a)       in subsection (1) of the French version by striking out “décret” and substituting “arrêté”;

   (b)       in subsection (2)

      (i) in the portion preceding paragraph a) of the French version by striking out “décret” and substituting “arrêté”;

      (ii)                      in paragraph (a) by striking out “heat” and substituting “heat, cold”;

      (iii)                   by repealing paragraph (b) and substituting the following:

   (b)       establish the maximum amount, level or concentration of a contaminant or a class of contaminant that is permissible, either alone or in combination with another
   contaminant or any other substance, in or upon water that is not potable water or a class of water that is not potable water, which maximum amount, level or concentration may
   vary according to the manner in which the contaminant is released, according to the area in which it is released or is found or according to any other factor.

   (c)       in subsection (3) of the French version by striking out “décrets” and substituting “arrêtés”.

10                Paragraph 11(2)b) of the French version of the Act is amended by striking out “auquels” and substituting “auxquels”.

11                Section 12 of the Act is amended

   (a)       in subsection (1) by repealing the portion preceding paragraph (a) and substituting the following:

12(1)       No person shall directly or indirectly release a contaminant or a class of contaminant into or upon the water if to do so would or could

   (b)       by repealing subsection (2) and substituting the following:

12(2)       Subject to subsection (3), an order may be issued and any other action may be taken by the Minister under this Act or the regulations respecting the release of a
contaminant notwithstanding that the release is or may be caused or permitted by a person acting under authority or permission given under an Act of the Legislature and
notwithstanding that such person is or may be acting in compliance with such authority or permission.

   (c)       in subsection (3)

      (i) by repealing the portion preceding paragraph (a) and substituting the following:

12(3)       The Minister of Health and Wellness or the Minister shall not make an order or take action respecting the release of a contaminant under subsection 4(1), 4(4), 7(1), 13(3),
13(4) or 13(5) or section 14.4 if

      (ii)                      in paragraph b) of the French version by striking out “rendu une ordonnance” and substituting “donné un ordre”;

      (iii)                   in the portion following paragraph (c) by striking out “or waste”.

12                Section 13 of the Act is amended

   (a)       in paragraph (3)a) of the French version by striking out “rendre tout ordre” and substituting “prendre tout arrêté”;

   (b)       in subsection (4) of the French version

      (i) in paragraph a) by striking out “rendre tout ordre” and substituting “prendre tout arrêté”;

      (ii)                      in subparagraph b)(i) by striking out “dans l’ordre” wherever it appears and substituting “dans l’arrêté”;

   (c)       in subsection (5) of the French version

      (i) in paragraph a) by striking out “rendre tout ordre” and substituting “prendre tout arrêté”;

      (ii)                      in paragraph b) by striking out “rendre tout ordre” and “rendre un ordre” and substituting “prendre tout arrêté” and “prendre un arrêté” respectively;

   (d)       by repealing subsection (7) and substituting the following:

13(7)       If the Minister of Health and Wellness has given notice in accordance with subsection (6) to the owner of a private well that poses a significant health risk, the Minister of
Health and Wellness and the Minister shall not be liable for any costs arising from the significant health risk, while it is restricted to the water in the private well, by reason only
that neither Minister has made an order or taken other measures under this Act in relation to the significant health risk.

   (e)       by repealing subsection (8) and substituting the following:

13(8)       Sections 5, 6, 8, 8.1 and 8.2 apply with the necessary modifications to an order made under this section.

13                Section 14 of the Act is amended by adding after subsection (4) the following:

14(4.1)   Notwithstanding the Regulations Act, any publication arising from any requirements under that Act of a Designation Order that includes a plan of the protected area

   (a)       shall include a notice describing the locations referred to in paragraphs (5)(a) and (b) where a copy of the Designation Order, including the plan, may be found, and
   
   (b)       may include, instead of the plan of the protected area, a description of the protected area that contains sufficient detail for persons having an interest in property that
   may be affected by the Designation Order to recognize that their property may be so affected.

14                Section 14.4 of the Act is repealed and the following is substituted:

14.4          Subject to subsection 12(3), if the Minister is satisfied, on reasonable and probable grounds, that a person is required to comply and is failing or refusing to comply, in
whole or in part, with a Designation Order or with requirements imposed in relation to an exemption or to the order filed as New Brunswick Regulation 90-136, the Minister may
order the taking of such action as the Minister considers necessary to effect compliance with or to carry out the order or requirements, as the case may be.

15                Section 15 of the Act is amended by adding after subsection (3) the following:

15(4)       Where a watercourse alteration or the work associated with it is not commenced, made or carried out in compliance with this Act, the regulations, the terms and conditions
imposed on any permit that may have been issued for the watercourse alteration or any order, direction or demand of the Minister, the Minister may order the person to whom the
permit is issued, or if no permit is issued, the person commencing, making or carrying out the watercourse alteration

   (a)       to cease and desist from further work of commencing, making or carrying out the watercourse alteration,
   
   (b)       to remove the watercourse alteration and any building, structure, works and chattels used to commence, make or carry out the watercourse alteration,
   
   (c)         to do or cause to be done such things as are considered necessary by the Minister to make the watercourse alteration conform to this Act, the regulations, the terms and
   conditions imposed on any permit that may have been issued and any order, direction or demand of the Minister, or
   
   (d)       to do or cause to be done such things as are considered necessary by the Minister to render the watercourse alteration in good repair.

15(5)       Notwithstanding subsection 4(8), if the Minister is satisfied that it is in the public interest that

   (a)       a watercourse alteration, or
   
   (b)       a structure or thing that lies within or crosses a watercourse,

be removed from the watercourse and the owner cannot, in the Minister’s opinion, be ascertained, the Minister may order the removal of the watercourse alteration or structure or
thing at the expense of the Province.

16                Subsection 17(2) of the Act is amended

   (a)       in the portion preceding paragraph (a) by striking out “upon presentation of proof of identification” and substituting “upon presentation of identification”;

   (b)       by repealing paragraph (a) and substituting the following:

   (a)       enter any area, land, place or premises where the inspector reasonably believes a contaminant was or is being or will be produced, in, into or from which the inspector
   reasonably believes a contaminant was or is being or will be released or that otherwise did pose, poses or could pose a threat to the allocation, quality or quantity of water and
   inspect the area, land, place or premises,

   (c)       by repealing paragraph (b) and substituting the following:

   (b)       inspect any structure, installation, operation, plant or machinery, inspect and test any process of production or manufacture and any raw or manufactured substance or
   material used in or relating to the process that the inspector reasonably believes has been, is or will be producing or releasing a contaminant or otherwise did pose, poses or
   could pose a threat to the allocation, quality or quantity of water and take samples of discharges, deposits, effluents or emissions,

   (d)       in paragraph d) of the French version by striking out “tout secteur, tout terrain, tout lieu ou tout local” and substituting “tout endroit, tout terrain, toute place ou tout
   lieu”;

   (e)       in paragraph (f)

      (i) in the portion preceding subparagraph (i) of the French version by striking out “tout secteur, tout terrain, tout lieu ou tout local” and substituting “tout endroit, tout
      terrain, toute place ou tout lieu”;

      (ii)                      in subparagraph (i) of the French version by striking out “le secteur, le terrain, le lieu ou le local” and substituting “l’endroit, le terrain, la place ou le lieu”;

      (iii)                   by repealing subparagraph (ii) and substituting the following:

      (ii)                      inspect and test any air, water, soil, contaminant, other material regardless of form or process of production or manufacture that is situated wholly or partly on or
      in the area, land, place or premises.

17                Section 18 of the French version of the Act is amended by striking out “d’un secteur, d’un terrain, d’un lieu ou d’un local” and substituting “d’un endroit, d’un
terrain, d’une place ou d’un lieu”.

18                Paragraph 22(1)b) of the French version of the Act is amended by striking out “ordre” and substituting “arrêté”.

19                Subsection 24(1) of the French version of the Act is amended in the portion preceding paragraph a) by striking out “Une ordonnance” and substituting “Un arrêté”.

20                Subsection 25(1) of the French version of the Act is amended in the portion preceding paragraph a) by striking out “ordre rendu” and substituting “arrêté pris”.

21                Section 29 of the French version of the Act is amended by striking out “ordres, avis, arrêtés” and substituting “avis, arrêtés, décrets”.

22                Section 40 of the Act is amended

   (a)       in paragraph e) of the French version by striking out “d’une ordonnance, d’une désignation ou d’une décision prises” and substituting “d’un arrêté, d’une
   désignation ou d’une décision pris”;

   (b)       in paragraph f) of the French version by striking out “d’une ordonnance, d’une désignation ou d’une décision prises” and substituting “d’un arrêté, d’une
   désignation ou d’une décision pris”;

   (c)       by repealing paragraph (g) and substituting the following:

   (g)       respecting the responsibility for and the payment and recovery of any costs incurred by the Minister or any person, including the costs incurred for all persons,
   materials and equipment employed and by repairing any damage done, to operate, rectify, control, reduce, eliminate, remove, modify, clean up, rehabilitate, remedy or
   investigate any matter or thing coming within this Act or the regulations;

   (d)       in paragraph (i) by striking out “of costs, expenses, losses, damages and charges” and substituting “of costs”;

   (e)       in paragraph u) of the French version by striking out “toute ordonnance” and substituting “tout arrêté”.

Consequential Amendment
23                Section 3 of the French version of New Brunswick Regulation 90-78 under the Clean Water Act is amended by striking out “d’une ordonnance, d’une désignation
ou d’une décision prises” and substituting “d’un arrêté, d’une désignation ou d’une décision pris”.

Commencement
24                This Act or any provision of it comes into force on a day or days to be fixed by proclamation.


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Legend
* Private Bill
** Bill referred to Standing Committee on Law Amendments
+ Private Member's Public Bill
++ Motion for second reading defeated
+++ Debate at second reading adjourned
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