Environmental Protection and Enhancement (Miscellaneous) Regulation

(Consolidated up to 137/2025) ALBERTA REGULATION 118/93 Environmental Protection and Enhancement Act ENVIRONMENTAL PROTECTION AND ENHANCEMENT (MISCELLANEOUS) REGULATION Table of Contents 1 Interpretation provisions 2 Notice of application re approval 3 Notice of decision re approval 4 Security ‑ water well drillers 5 Security ‑ Environmental Appeal Board 6 Security ‑ general 7 Duration of approval 7.1 Transitional — duration of approval 8 Duration of certificates of qualification 9 Offences 10 Due diligence defence 11 Coming into force Interpretation provisions 1 (1) For the purposes of section 72(3)(b) of the Act, (a) an activity to which an application relates is a routine matter if, in the Director’s opinion, it is an activity that will result in a minimal or no adverse effect on the environment, (b) a proposed change to an activity is a routine matter if the proposed change is a minor alteration, addition, relocation, expansion, change or extension to the activity that, in the Director’s opinion will result in a minimal or no adverse effect on the environment, and (c) a proposed amendment of a term or condition of, addition of a term or condition to or deletion of a term or condition from an approval is a routine matter if the proposed amendment, addition or deletion is a minor one that, in the Director’s opinion will result in a minimal or no adverse effect on the environment. (2) Repealed AR 192/98 s2. (3) The activities listed in Division 3 of Schedule 1 to the Activities Designation Regulation (AR 211/96) are prescribed as activities to which section 91(3) of the Act applies. (4) A reference to a term in sections 7, 7.1 and 8 is to be read as a reference to a period or length of time. AR 118/93 s1;248/93;192/98;251/2001;137/2025 Notice of application re approval 2 (1) Where, in the Director’s opinion, an application under the Approvals Procedure Regulation is complete and the Director does not waive the notice requirement under section 72(3) of the Act, the Director shall, or shall require the applicant to, do one or both of the following: (a) publish notice of the application in one or more issues of a newspaper that has daily or weekly circulation in the area in which the activity that is the subject of the application is or will be carried on; (b) provide notice of the application to the persons and in the manner determined by the Director. (2) Where the Director proposes to make an amendment, addition or deletion pursuant to section 70(3)(a) of the Act and the Director does not waive the notice requirement pursuant to section 72(3) of the Act, the Director shall provide notice in accordance with subsection (1)(a) or (b). (3) A notice under subsection (1) or (2) shall contain the following: (a) the name of the applicant; (b) a description of the nature of the activity, the change to the activity or the amendment, addition or deletion, as the case may be; (c) the location, capacity and size of the activity to which the notice relates; (d) a statement that a person who is directly affected by the application may submit a statement of concern to the Director within 30 days of the last notice, or within any longer period specified by the Director in the notice; (e) the locations where information about the activity, the change in the activity or the amendment, addition or deletion, as the case may be, may be obtained or is available for public disclosure; (f) any other information required by the Director. AR 118/93 s2;251/2001 Notice of decision re approval 3 (1) Where the Director (a) issues an approval, (b) makes an amendment, addition or deletion pursuant to an application under section 70(1)(a) of the Act, or (c) makes an amendment, addition or deletion pursuant to section 70(3)(a) of the Act, the Director shall, where notice requirements have been waived under section 72(3) of the Act, provide or cause the applicant or approval holder to provide notice of the Director’s decision within 15 days after the date the Director signs the decision, (d) by publishing notice of the decision in a newspaper that has daily or weekly circulation in the area in which the activity that is the subject of the decision is or will be carried on, or (e) by any other means provided for by the Director. (2) Where the Director (a) issues an approval, (b) makes an amendment, addition or deletion pursuant to an application under section 70(1)(a) of the Act, or (c) makes an amendment, addition or deletion pursuant to section 70(3)(a) of the Act, the Director shall, where notice of the application or proposed changes was provided under section 72(1) or (2) of the Act, provide written notice of the decision or cause the applicant or approval holder to provide written notice of the decision within 15 days after the date the Director signs the decision to every person who submitted a statement of concern in accordance with section 73 of the Act. (3) Where the Director refuses to issue an approval or to make an amendment, addition or deletion pursuant to an application under section 70(1)(a) of the Act, the Director shall, within 15 days after the date of the notice of refusal to the applicant or approval holder, provide written notice of the refusal to every person who submitted a statement of concern in accordance with section 73 of the Act. (4) A notice under this section shall contain (a) a statement of the nature of the application, if applicable, (b) the name of the applicant or approval holder, as the case may be, (c) the location of the activity, (d) the decision of the Director and the date of the decision, and (e) a statement that the decision may be appealed to the Environmental Appeal Board. AR 118/93 s3;251/2001 Security - water well drillers 4 (1) In this section “approval holder” means the holder of an approval issued or deemed to be issued under the Water Act and the Water (Ministerial) Regulation . (2) Where an approval holder has deposited security, the Minister may return or direct the return of the security on the request of the approval holder after 2 years have elapsed from the expiry date of the approval. (3) Where an approval holder contravenes a water management order under Part 7 Division 2 of the Water Act or an enforcement order under Part 10 Division 3 of that Act, the Minister may order that all or part of the security provided by the approval holder be forfeited for the purpose of defraying the costs of any activities carried out by or on behalf of the Minister under this section to carry out the terms of the water management order or enforcement order. (4) Where the Minister orders the forfeiture of security under subsection (3), the Minister shall (a) give written notice of the decision to the approval holder, and (b) direct the President of Treasury Board and Minister of Finance to transfer the security from the Environmental Protection Security Fund to the General Revenue Fund. (5) Security may be forfeited under subsection (3) and transferred to the General Revenue Fund under subsection (4)(b) despite the fact that the approval holder may not have actually received the notice referred to in subsection (4)(a). (6) Where security has been forfeited under subsection (3), the Minister may, at the Minister’s discretion, carry out the terms of the water management order or enforcement order referred to in subsection (3) as the Minister considers necessary. (7) Where the amount required to carry out the terms of the water management order or enforcement order under subsection (6) is less than the amount of the forfeited security, the Minister shall pay the approval holder an amount equivalent to the difference. (8) Where the amount required to carry out the terms of the water management order or enforcement order under subsection (6) exceeds the amount of the forfeited security, the approval holder remains liable to the Minister for the difference, which amount is recoverable by the Minister as a debt due to the Crown. (9) Nothing in this section imposes any obligation on the Minister to carry out the terms of the water management order or enforcement order. (10) Nothing in this section relieves an approval holder of its obligation to comply with the terms of an order referred to in subsection (3). AR 118/93 s4;192/98;27/2002;68/2008;31/2012; 62/2013;198/2019 Security - Environmental Appeal Board 5 (1) The Minister may make an order to provide security under section 97(3) of the Act at the time the application for a stay is made or at any time thereafter but before the date of the hearing. (2) The order to provide security shall set out the form and amount of security that must be provided and the time within which it must be provided. (3) Security must be in one or more of the following forms as required by the Minister: (a) cash; (b) cheques and other similar negotiable instruments payable to the President of Treasury Board and Minister of Finance; (c) Government guaranteed bonds, debentures, term deposits, certificates of deposit, trust certificates or investment certificates assigned to the President of Treasury Board and Minister of Finance; (d) irrevocable letters of credit, irrevocable letters of guarantee, performance bonds or surety bonds in a form acceptable to the Minister; (e) any other form that is acceptable to the Minister. (4) The Minister may by order increase or decrease the amount of security at any time prior to a decision of the Minister under section 100 of the Act. AR 118/93 s5;251/2001;27/2002;68/2008;31/2012;62/2013 5.1 Repealed AR 198/2019 s1. Security - general 6 Any income accruing to security in the Environmental Protection Security Fund accumulates to and forms part of the security. Duration of approval 7 (1) In this section, (a) “pulp and paper manufacturing plant” has the same meaning as in the Activities Designation Regulation (AR 276/2003); (b) “pulp manufacturing plant” has the same meaning as in the Activities Designation Regulation (AR 276/2003). (2) Subject to subsection (3), the term of an approval is as follows: (a) in the case of an approval for a pulp and paper manufacturing plant, 15 years; (b) in the case of an approval for a pulp manufacturing plant, 15 years; (c) in the case of any other approval, 10 years. (3) If the director considers it appropriate to do so when specifying the term of an approval under section 68(5) of the Act, the director may specify a shorter term than the applicable term under subsection (2). AR 118/93 s7;192/98;251/2001;137/2025 Transitional — duration of approval 7.1 An approval for a pulp and paper manufacturing plant or a pulp manufacturing plant, as referred to in section 7, that was issued for a 10‑year term and was valid immediately before the coming into force of this section is, on the coming into force of this section, to be treated as if it were issued for a 15‑year term. AR 137/2025 s3 Duration of certificates of qualification 8 (1) A certificate of qualification issued under section 15 of the Potable Water Regulation (a) is valid for 3 years from the date of issue, and (b) may on application be renewed for additional 3‑year periods. (2) A certificate of qualification issued under section 3 of the Wastewater and Storm Drainage (Ministerial) Regulation (a) is valid for 3 years from the date of issue, and (b) may on application be renewed for additional 3‑year periods. (3) A certificate of qualification issued under section 3 of the Air Emissions Regulation is valid for a term of 6 months from the date of issue and is renewable before the expiration of the 6‑month period for further periods each not exceeding 6 months in accordance with the procedures prescribed in the manual referred to in that section. AR 118/93 s8;13/2005 8.1 , 8.2 Repealed AR 107/2022 s2. Offences 9 A person who contravenes (a) repealed AR 107/2022 s3, (b) section 2, 3, 4(1), (2), (3), (4), (5) or (8), 5(1), (2), (3) or (4), 6(1) or (3), 7(1) or (4), 8, 9, 11, 12, 13, 14, 16, 17(1), (2), (3) or (5) or 17.1(2), (5), (6) or (7) of the Potable Water Regulation , (b.1) section 4(1), (3) or (5) or 4.1(2), (3), (4), (5) or (6) of the Release Reporting Regulation (AR 117/93), or (c) section 2, 4(1) or (2) or 5(1), (2) or (5) of the Wastewater and Storm Drainage (Ministerial) Regulation , is guilty of an offence and is liable (d) in the case of an individual, to a fine of not more than $50 000, or (e) in the case of a corporation, to a fine of not more than $500 000. AR 118/93 s9;248/93;191/96;192/98;269/2003;161/2005; 107/2022 Due diligence defence 10 No person shall be convicted of an offence referred to in section 9 if that person establishes on a balance of probabilities that he took all reasonable steps to prevent its commission. AR 118/93 s10;269/2003 10.1 Repealed AR 269/2003 s5. Coming into force 11 This Regulation comes into force on September 1, 1993. Schedule Repealed AR 107/2022 s4.