Bill 23 - An Act Respecting the Right to a Healthy Environment

BILL 23

An Act Respecting the Right to a Healthy Environment

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

Citation

1 This Act may be cited as the Environmental Bill of Rights.

PART 1

DEFINITIONS AND PURPOSES

Definitions

2 The following definitions apply in this Act.

“air” means air as defined in the Clean Air Act. (air)

“child” means a child as defined in the Child, Youth and Senior Advocate Act. (enfant)

“children’s environmental health” means the aspects of children’s health, including quality of life, that are determined by physical, chemical and biological factors in the environment. (santé environnementale des enfants)

“Commissioner” means the Commissioner appointed under section 13. (commissaire)

“contaminant” means a contaminant as defined in the Clean Environment Act. (polluant)

“department” means a department as defined in the Financial Administration Act. (ministère)

“environment” means environment as defined in the Clean Air Act. (environnement)

“environmental harm” means any contamination or degradation of the environment that causes material harm to the environment. (atteinte à l’environnement)

“government” means the government of the Province. (gouvernement)

“health” means a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. (santé)

“healthy and ecologically balanced environment” means an environment of a quality that protects human and cultural dignity and human health and well-being and in which essential ecological processes are preserved for their own sake, as well as for the benefit of present and future generations. (environnement sain et écologiquement équilibré)

“Indigenous peoples” has the meaning assigned by the definition of aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982. (peuples autochtones)

“instrument” means any document of legal effect issued under an Act and includes a permit, licence, approval, authorization, direction or order issued under an Act, but does not include a regulation. (instrument)

“Minister” means the Minister of Environment and Climate Change and includes any person designated by the Minister to act on the Minister’s behalf. (Ministre)

“person”, in addition to the meaning ascribed to it by the Interpretation Act, includes a local government as defined in subsection 1(1) of the Local Governance Act, His Majesty in right of Canada and His Majesty in right of the Province. (personne)

“policy” means a program, plan or objective and includes guidelines or criteria to be used in making decisions about the issuance, amendment or revocation of instruments, but does not include an Act, a regulation or an instrument. (politique)

“polluter pays principle” means the principle that a polluter must bear the cost of measures to reduce pollution based on either the extent of the damage done to society or the extent to which an acceptable standard of pollution is exceeded. (principe du pollueur-payeur)

“precautionary principle” means the principle that where there are threats of serious or irreversible damage to the environment, lack of full scientific certainty should not be used as a reason for postponing action to protect the environment. (principe de précaution)

“principle of environmental justice” means the principle that there should be a just distribution of environmental benefits and burdens among New Brunswickers without discrimination on the basis of any ground prohibited by the Canadian Charter of Rights and Freedoms, including race, national or ethnic origin, colour, religion, sex, age and mental or physical disability. (principe de justice environnementale)

“principle of intergenerational equity” means the principle that current generations of New Brunswickers hold the environment in trust for future generations and have an obligation to use its resources in a way that leaves that environment in the same, or better, condition for future generations. (principe d’équité intergénérationnelle)

“principle of non-regression” means the principle that environmental laws must not be weakened and will not be repealed unless they are being replaced by stronger and more effective laws to protect the environment and environmental rights of New Brunswickers. (principe de non-régression)

“principle of sustainable development” means the principle that development must meet the needs of the present generation without compromising the ability of future generations to meet their own needs. (principe du développement durable)

“registry” means the environmental registry established under subsection 10(1). (registre)

“resident of New Brunswick” means a person who resides and has continuously resided in the Province for a period of at least one year. (résident du Nouveau-Brunswick)

“senior” means senior as defined in the Child, Youth and Senior Advocate Act. (aîné)

“water” means water as defined in the Clean Water Act. (eau)

“youth” means youth as defined in the Child, Youth and Senior Advocate Act. (jeune)

Purposes of Act

3( 1) The purposes of this Act are

(a) to safeguard the rights of all present and future residents of New Brunswick to a healthy and ecologically balanced environment,

(b) to aid in the prevention, reduction and elimination of the use, generation and release of contaminants that cause material harm to the integrity of the environment and the health of residents of New Brunswick, especially children,

(c) to guarantee that every resident of New Brunswick has a right to live and thrive in a healthy and ecologically balanced environment,

(d) to contribute to the implementation of the United Nations Declaration on the Rights of Indigenous Peoples as it relates to Indigenous rights to a healthy environment in which biodiversity is preserved by promoting the rights of the Mi’kmaq, Wolastoqey and Peskotomuhkati of New Brunswick

( i) to the conservation and protection of the environment and the productive capacity of their lands, territories, and resources, and

( ii) to participate in decision-making about matters that could affect their rights,

(e) to protect, conserve and, where reasonable, restore the integrity of the environment by the means provided in this Act, and

(f) to protect and conserve biological, ecological and genetic diversity.

3( 2) In order to fulfill the purposes set out in subsection (1), this Act provides for

(a) means by which residents of New Brunswick may become informed and participate in environmental decision-making by the government,

(b) increased accountability of the government for its environmental decision-making,

(d) enhanced protection for employees who take action in respect of environmental harm.

Application

4( 1) This Act binds the Crown in right of the Province.

4( 2) The provisions of this Act apply to all decisions emanating from the government or related to provincial land or a provincial work or undertaking.

Conflict

5 If a provision of this Act or the regulations is inconsistent with a provision of another Act or regulation, the provision of this Act or the regulations prevails.

Interpretation

6( 1) This Act must be interpreted consistently with existing and emerging principles of environmental law, including, but not limited to,

(a) the precautionary principle,

(b) the polluter pays principle,

(d) the principle of environmental justice,

(e) the principle of non-regression, and

(f) the principle of sustainable development.

6( 2) This Act is to be construed as upholding the Aboriginal and treaty rights of Indigenous peoples recognized and affirmed by section 35 of the Constitution Act, 1982, and not as abrogating or derogating from them.

6( 3) This Act shall be applied in a manner that promotes the rights of Indigenous peoples affirmed in the United Nations Declaration on the Rights of Indigenous Peoples.

PART 2

ENVIRONMENTAL RIGHTS AND OBLIGATIONS

Environmental rights and obligations

7( 1) Every resident of New Brunswick, including every child, has a right to a healthy and ecologically balanced environment.

7( 2) The government has an obligation to protect the right to a healthy and ecologically balanced environment for every resident of New Brunswick, particularly children and other vulnerable populations.

PART 3

PUBLIC PARTICIPATION IN GOVERNMENT DECISION-MAKING

Public participation

8 This Part sets out minimum levels of public participation that must be met by the government when making environmental decisions including policies, Acts, regulations and instruments.

Right to participate in government decision-making

9 As part of the environmental rights set out in this Act, the government shall ensure opportunities for effective, informed, accessible and timely public participation in decision-making related to provincial policies, Acts, regulations and instruments.

Environmental registry

10( 1) The Minister shall establish a public environmental rights registry, as prescribed by regulation, within one month after the commencement of this Act.

10( 2) The purpose of the registry is to provide a means of giving information about the environment to the public to protect their environmental rights as provided in section 7.

10( 3) For the purposes of subsection (2), information about the environment includes, but is not limited to, information about:

(a) proposals, decisions, actions and events that could affect the environment;

(b) proposals, decisions, actions and events that could particularly affect children’s environmental health;

(d) Statements of Environmental Values made under this Act.

Statement of Environmental Values

11( 1) The Minister and the Minister of Health, in consultation with the Chief Medical Officer of Health, shall jointly prepare a Statement of Environmental Values, as prescribed by regulation, that

(a) explains how the purposes of this Act are to be applied when the government makes decisions that might affect the environment or children’s environmental health,

(b) explains how consideration of the purposes of this Act should be integrated with other considerations, including social, economic and scientific considerations, that are part of government decision-making, and

(c) sets measurable short-, medium-, and long-term goals for protection of environmental health and children’s environmental health and explains how the goals will be met by the government.

11( 2) A draft Statement of Environmental Values shall be released to the Office of the Child, Youth and Senior Advocate and the public for comment at least three months before the Statement is finalized.

11( 3) The Minister and the Minister of Health shall consider comments received from the public in an informed, effective, timely and accessible way.

11( 4) An official Statement of Environmental Values shall be made public within 12 months after the commencement of this Act.

11( 5) The Minister and the Minister of Health shall ensure that the Statement of Environmental Values is considered before making decisions, including decisions on policy, statutes and regulations, that significantly affect the environmental rights and obligations set out in section 7.

11( 6) In making decisions in accordance with subsection (5), the Minister and the Minister of Health shall consider the following factors:

(a) the extent and nature of the measures that may be required to mitigate or prevent environmental harm or harm to children’s environmental health that could result from the decision;

(b) the geographic extent, whether local, regional or provincial, of any environmental harm or harm to children’s environmental health that could result from the decision;

(d) any other matter that the Minister considers relevant.

11( 7) The Statement of Environmental Values shall be reviewed every two years.

11( 8) The review under subsection (7) shall be made public and shall incorporate comments received from members of the public, the Office of the Child, Youth and Senior Advocate and the Chief Medical Officer of Health.

Consultation on government proposals

12 The Minister and the Minister of Health shall consult with the public as prescribed by regulation on any proposed policy, instrument or regulation that may impact the environmental rights and obligations as set out in section 7.

PART 4

ENVIRONMENTAL RIGHTS COMMISSIONER

Environmental Rights Commissioner

13( 1) There is established the Office of the Environmental Rights Commissioner.

13( 2) Subject to subsections (3) to (6), there shall be an Environmental Rights Commissioner appointed by the Lieutenant-Governor in Council on the recommendation of the Legislative Assembly who shall rank as and have all the powers of a deputy head of a department, shall engage exclusively in the duties of the Office of the Commissioner and shall not hold any other office under the Crown or engage in any other employment.

13( 3) Before an appointment is made under subsection (2), a selection committee shall be established for the purpose of identifying persons as potential candidates to be appointed Commissioner.

13( 4) The selection committee shall be composed of

(a) the Clerk of the Executive Council or a person designated by the Clerk of the Executive Council,

(b) the Clerk of the Legislative Assembly or a person designated by the Clerk of the Legislative Assembly,

(d) a member of the university community.

13( 5) The selection committee shall develop a roster of qualified candidates and submit a list of names of qualified candidates to the Lieutenant-Governor in Council.

13( 6) The Premier shall consult with the Leader of the Opposition and the leaders of the other political parties having representation in the Legislative Assembly during the most recent sitting with respect to one or more qualified candidates from the selection committee’s list of qualified candidates.

13( 7) Subject to subsection (8), the Commissioner shall be appointed for a term of seven years and is not eligible for reappointment.

13( 8) The Lieutenant-Governor in Council may extend the term of the Commissioner for a period of not more than 12 months.

13( 9) The Commissioner is an officer of the Legislative Assembly.

13( 10) The Commissioner may resign from office by notice in writing addressed to the Speaker of the Legislative Assembly or, if there is no Speaker or the Speaker is absent from the Province, to the Clerk of the Legislative Assembly.

13( 11) The Speaker or the Clerk, as the case may be, shall immediately inform the Lieutenant-Governor in Council of the Commissioner’s resignation.

13( 12) The Commissioner shall hold office during good behaviour and may only be removed by the Lieutenant-Governor in Council for incapacity, neglect of duty or misconduct upon an address in which two-thirds of the members of the Legislative Assembly concur.

13( 13) The Lieutenant-Governor in Council, upon an address in which a majority of the members of the Legislative Assembly voting concur, may suspend the Commissioner, with or without pay, pending an investigation that may lead to removal under subsection (12).

13( 14) If the Legislature is not in session, a judge of The Court of King’s Bench of New Brunswick may, on an application by the Lieutenant-Governor in Council, suspend the Commissioner, with or without pay, for incapacity, neglect of duty or misconduct.

13( 15) If the Lieutenant-Governor in Council makes an application under subsection (14), the practice and procedure of The Court of King’s Bench of New Brunswick respecting applications applies.

13( 16) If a judge of The Court of King’s Bench of New Brunswick suspends the Commissioner under subsection (14), the judge shall do the following:

(a) appoint an acting Commissioner to hold office until the suspension has been dealt with by the Legislative Assembly; and

(b) table a report on the suspension with the Legislative Assembly within ten days after the commencement of the next session of the Legislature.

13( 17) No suspension under subsection (14) shall continue beyond the end of the next session of the Legislature.

13( 18) If the Commissioner has been suspended under subsection (13), the Lieutenant-Governor in Council may appoint an acting Commissioner to hold office until the suspension has elapsed.

13( 19) An acting Commissioner, while in office, has the powers and duties of the Commissioner and shall be paid such salary or other remuneration and expenses as the Lieutenant-Governor in Council may fix.

13( 20) The Lieutenant-Governor in Council may appoint an acting Commissioner for a term of up to one year if

(a) the office of Commissioner becomes vacant during a sitting of the Legislative Assembly but the Legislative Assembly does not make a recommendation under subsection (2) before the end of the sitting, or

(b) the office of Commissioner becomes vacant while the Legislative Assembly is not sitting.

13( 21) The appointment of an acting Commissioner comes to an end when a new Commissioner is appointed under subsection (2).

13( 22) If the Commissioner is unable to act because of illness, the Lieutenant-Governor in Council may appoint an acting Commissioner, whose appointment comes to an end when the Commissioner is again able to act or when the office becomes vacant.

13( 23) An appointment under subsection (16), (18), (20) or (22) shall not impede a person’s subsequent appointment under subsection (2).

13( 24) The Premier shall consult with the Leader of the Opposition before an appointment is made under subsection (18), (20) or (22).

13( 25) Despite the Civil Service Act, the Commissioner may appoint such persons to positions in the Office of the Commissioner as the Commissioner considers necessary to enable the fulfillment of the Commissioner’s responsibilities under this Act.

13( 26) The Commissioner shall be paid an annual salary as determined by the Lieutenant-Governor in Council within the deputy head pay plan and is entitled to receive benefits similar to those received by deputy heads.

13( 27) The pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions applies to the Commissioner and the employees of the Office of the Commissioner.

Functions of the Commissioner

14( 1) In addition to fulfilling the Commissioner’s other duties under this Act, it is the function of the Commissioner to:

(a) review the implementation of this Act and the compliance of the government with the requirements of this Act;

(b) at the request of a minister, provide guidance to their department on how to comply with the requirements of this Act;

(d) provide educational programs about this Act to the public;

(e) provide advice and assistance to members of the public who wish to participate in decision-making about a proposal as provided in this Act;

(f) provide advice and assistance to members of the Legislative Assembly on environmental issues;

(g) review the government’s obligations as pertaining to the use of the registry;

(h) review the use of the rights provided in this Act;

(i) review the receipt, handling and disposition of applications for review under this Act and applications for investigation under this Act;

(j) review department plans and priorities for conducting reviews under this Act;

(k) review the use of the right of action set out in this Act and the use of defences set out in this Act;

(l) review recourse to the procedure under this Act for complaints about employer reprisals; and

(m) provide a review and analysis of the yearly progress report required under section 3 of the Climate Change Act.

14( 2) In addition to the functions described in subsection (1), the Commissioner may do any of the following on petition or on the Commissioner’s own initiative to address matters related to children’s environmental health:

(a) receive and review a matter relating to children’s environmental health;

(b) advocate, mediate or use another dispute resolution process on behalf of a child or group of children related to children’s environmental health;

(d) inform the public about the environmental health needs and rights of children; and

(e) make recommendations to the government about legislation, policies and practices respecting the environmental health needs and rights of children.

Access to information

15( 1) Despite any other Act, and subject to subsection (3), the Commissioner has a right to access all information and documentation that is necessary to enable the Commissioner to perform their duties and exercise their powers under this Act.

15( 2) Subject to subsection (3), if the Commissioner requests a person to provide information relating to a matter the Commissioner is investigating or reviewing and is of the opinion that the person is able to provide the information, the person shall provide the information and produce any documents or papers that, in the opinion of the Commissioner, relate to the matter and that may be in the possession or under the control of the person.

15( 3) The Commissioner does not have a right to the following information or documents:

(a) information or documents protected by a claim of solicitor-client privilege; and

(b) information or documents certified by the Attorney General as disclosing the following:

( i) the deliberations of the Executive Council; or

( ii) the proceedings of the Executive Council or a committee of the Executive Council.

15( 4) Subject to subsection (3), a rule of law that authorizes or requires the following does not apply to an investigation or review by the Commissioner:

(a) the withholding of a document, paper or thing on the ground that disclosure of the document, paper or thing would be injurious to the public interest; or

(b) the refusal to answer a question on the ground that answering the question would be injurious to the public interest.

Confidentiality of information

16( 1) The Commissioner, employees of the Office of the Environmental Rights Commissioner and any person appointed to assist the Commissioner pursuant to a contract for professional services shall keep confidential all information and other matters that come to their knowledge in the exercise of their duties or functions under this Act, unless required to disclose it by law or in furtherance of the Commissioner’s mandate under this Act.

16( 2) Despite subsection (1), and subject to subsections (3) to (5), the Commissioner may disclose in a report made under this Act those matters which the Commissioner considers necessary to disclose in order to establish grounds for the Commissioner’s conclusions and recommendations.

16( 3) A report referred to in subsection (2) shall not disclose the name of, or any identifying information about, a child or youth or a parent or guardian of a child or youth unless consent has first been obtained from the child or youth and the parent or guardian.

16( 4) A report referred to in subsection (2) shall not disclose the name of, or any identifying information about, an adult or a senior unless consent has first been obtained from the adult or senior.

16( 5) The Commissioner, employees of the Office of the Environmental Rights Commissioner and any person appointed to assist the Commissioner pursuant to a contract for professional services shall not disclose to any person the following information:

(a) information that if disclosed would, in the opinion of the minister who holds the information, be detrimental to the well-being, security, health or care of any person;

(b) information that would identify a person without the person’s consent; and

16( 6) Failure by an employee to comply with subsection (1), (3), (4) or (5) is sufficient grounds for dismissal or other disciplinary action as the Commissioner considers appropriate.

Reports of the Commissioner

17( 1) The Commissioner shall report annually to the Speaker of the Legislative Assembly, who shall lay the report before the Legislative Assembly at its next sitting.

17( 2) The report of the Commissioner shall include, but not be limited to:

(a) a report on the work of the Commissioner and on whether the departments affected by this Act have cooperated with requests by the Commissioner for information;

(b) a summary of the information gathered by the Commissioner as a result of performing the functions set out in section 14;

(d) a review and analysis of the yearly progress report required under section 3 of the Climate Change Act;

(e) any information prescribed by regulation; and

(f) any information that the Commissioner considers appropriate.

17( 3) The first report under subsection (1) must be submitted within one year after the commencement of this Act and must cover the period beginning on the day this Act comes into force and ending on December 31 of that calendar year.

Special report

18 The Commissioner may make a special report to the Speaker of the Legislative Assembly at any time on any urgent matter related to this Act that, in the opinion of the Commissioner, should not be deferred until the annual report, and the Speaker shall lay the report before the Legislative Assembly as soon as reasonably possible.

Special assignments

19 The Commissioner may perform special assignments as required by the Legislative Assembly, but such assignments shall not take precedence over the other duties of the Commissioner under this Act.

Examination on oath or affirmation

20 The Commissioner may examine any person on oath or solemn affirmation on any matter related to the performance of the Commissioner’s duties under this Act and may in the course of the examination require the production in evidence of documents or other things.

PART 5

APPLICATION FOR REVIEW

Right to request a review

21( 1) Any two residents of New Brunswick, including children, who believe that new or existing policies, Acts, regulations or instruments of New Brunswick should be made, amended, repealed or revoked in order to protect the environment or children’s environmental health may apply to the Commissioner for a review of the policies, Acts, regulations or instruments.

21( 2) An application under subsection (1) must be in the form provided for that purpose by the Office of the Environmental Rights Commissioner.

21( 3) Within ten days after receiving an application under subsection (1), the Commissioner shall acknowledge receipt and shall refer the application to the minister for any department that the Commissioner considers appropriate to review the matters raised in the application.

21( 4) Within 90 days after receiving an application under subsection (1), the Commissioner shall report on the progress of the application, including any decision made on the application.

21( 5) The report referred to in subsection (4) shall state what action, if any, the minister has taken or proposes to take as a result of the review.

PART 6

INVESTIGATION OF OFFENCES

Right to request an investigation

22( 1) Any two residents of New Brunswick, including children, who believe that a prescribed Act, regulation or instrument has been contravened may apply to the Commissioner for an investigation of the alleged contravention.

22( 2) The application must include a solemn affirmation or declaration stating:

(a) the name and address of the applicants;

(b) the specific Act, regulation or instrument alleged to have been contravened;

(c) the nature of the alleged offence and the name of each person alleged to have committed the offence or acted in a manner contrary to the specified Act, regulation or instrument; and

(d) in concise form, the evidence supporting the applicants’ allegations.

22( 3) The Commissioner shall acknowledge receipt of the application within 20 days after receiving it and, subject to subsections (4) and (5), shall investigate all matters that the Commissioner considers necessary to determine the facts relating to the alleged offence.

22( 4) No investigation is required if the Commissioner determines that the application is frivolous or vexatious.

22( 5) If the Commissioner decides not to conduct an investigation, the Commissioner must, within 60 days after the application for investigation is received, give notice of the decision, with reasons, to the applicants.

22( 6) When the Commissioner conducts an investigation, the Commissioner must report to the applicants and to the Minister on the progress of the investigation every 90 days until resolution of the investigation.

22( 7) The Commissioner shall communicate the final results of the investigation in writing to the applicants and to the Minister.

22( 8) The Commissioner shall make a recommendation to the Minister regarding the investigation.

PART 7

REMEDIES AND LEGAL ACTIONS

Definitions

23 The following definitions apply in this Part.

“agricultural operation” means agricultural operation as defined in the Agricultural Operation Practices Act. (activité agricole)

“court” means The Court of King’s Bench of New Brunswick and includes any judge of that court. (cour)

Judicial review

24( 1) Any resident of New Brunswick, regardless of whether they are directly affected by the matter in respect of which relief is sought, has standing before the court to bring an application for judicial review of a government decision if the matter arises in the context of environmental rights protection.

24( 2) An application for judicial review brought under this section must be brought in accordance with the provisions of the Judicature Act and the Rules of Court.

Environmental protection action against a person

25( 1) Every resident of New Brunswick may seek recourse in the court to protect the environment by bringing a civil action against a person who has contravened, or will imminently contravene, a provincial statute or a regulation or other instrument, if the contravention has resulted or will imminently result in environmental harm.

25( 2) Despite subsection (1), an action may not be brought under this section in respect of actual or imminent environmental harm from odour, noise, dust, vibration, light, smoke or other disturbance resulting from an agricultural operation unless the plaintiff has applied to the Farm Practices Review Board under section 13 of the Agricultural Operation Practices Act with respect to the matter and the Farm Practices Review Board has disposed of the application.

Remedies

26( 1) In respect of an action under subsection 25(1), the court may

(a) grant a declaration,

(b) grant an interim, interlocutory or permanent injunction,

(d) award costs, or

(e) grant any other remedy that the court considers just.

26( 2) If the court makes an award of damages under subsection (1), it shall order that the damages be paid to the government.

26( 3) Any money received by the government pursuant to an order made under this section shall be used for the following purposes:

(a) the restoration or rehabilitation of any part of the environment adversely affected by the conduct of the defendant; or

(b) if action under paragraph (a) is not practicable, the enhancement or improvement of the environment.

PART 8

EMPLOYER REPRISALS

Definition of “Board”

27 In this Part, “Board” means the Labour and Employment Board.

Complaint about reprisals

28( 1) Any person may file a written complaint with the Board in the manner prescribed by regulation alleging that an employer has taken reprisals against an employee on a prohibited ground.

28( 2) For the purposes of this Part, an employer has taken reprisals against an employee if the employer has dismissed, disciplined, penalized, coerced, intimidated or harassed, or attempted to coerce, intimidate or harass, the employee.

28( 3) For the purposes of this Part, an employer has taken reprisals on a prohibited ground if the employer has taken reprisals because the employee in good faith did or may do any of the following:

(a) participate in decision-making about a Statement of Environmental Values, a policy, an Act, a regulation or an instrument as provided in this Act;

(b) apply for a review under this Act;

(d) comply with or seek the enforcement of a prescribed Act, regulation or instrument;

(e) give information to an appropriate authority for the purposes of an investigation, review or hearing related to a prescribed policy, Act, regulation or instrument; or

(f) give evidence in a proceeding under this Act or under a prescribed Act.

28( 4) In an inquiry under subsection 29(1), the onus is on the employer to prove that the employer did not take reprisals on a prohibited ground.

Determination by the Board

29( 1) If the Board, after inquiring into the complaint, is satisfied that the employer has taken reprisals on a prohibited ground, the Board shall determine what, if anything, the employer shall do or refrain from doing about the reprisals.

29( 2) A determination under subsection (1) may include, but is not limited to, one or more of

(a) an order directing the employer to cease doing the act or acts complained of,

(b) an order directing the employer to rectify the act or acts complained of,

(d) an order to compensate for loss of earnings or other employment benefits in an amount assessed by the Board against the employer.

PART 9

GENERAL PROVISIONS

Examination by Commissioner

30 The Commissioner shall examine every regulation transmitted for filing under the Regulations Act and every bill introduced in the Legislative Assembly by a minister in order to ascertain whether any of the provisions are inconsistent with the purposes and provisions of this Act, and the Commissioner must report any inconsistency to the Legislative Assembly at the first convenient opportunity.

Review of Act

31 The Commissioner shall initiate a review of this Act every seven years.

Regulations

32 The Lieutenant-Governor in Council may make regulations

(a) prescribing information that is to be included in the registry for the purposes of subsection 10(1);

(b) prescribing the procedure to be followed and the information that is to be included in the Statement of Environmental Values for the purposes of subsection 11(1);

(d) prescribing information that is to be included in the annual report of the Commissioner for the purposes of paragraph 17(2)(e);

(e) prescribing the procedure for the review of applications under Part 5;

(f) prescribing any Act, regulation or instrument for the purposes of Part 6;

(g) prescribing information that is to be included in a complaint made under subsection 28(1);

(h) prescribing Acts, regulations or instruments for the purposes of paragraph 28(3)(d);

(i) prescribing policies, Acts, regulations or instruments for the purposes of paragraph 28(3)(e);

(j) prescribing Acts for the purposes of paragraph 28(3)(f).

Commencement

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