Reclaimed Industrial Sites Act, R-4.21

1 RECLAIMED INDUSTRIAL SITES c R-4.21 The Reclaimed Industrial Sites Act being Chapter R‑4.21 of The Statutes of Saskatchewan, 2006 (effective March 1, 2007), as amended by the Statutes of Saskatchewan, 2014, c E‑13.1; and 2018, c 32. NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation. 2 c R-4.21 RECLAIMED INDUSTRIAL SITES Table of Contents 1 Short title 11 Institutional Control Monitoring and Maintenance Fund established 2 Interpretation 12 Institutional Control Unforeseen Events 3 Program established Fund established 4 Prescribing conditions to accept closed site 12.1 Fund Advisory Committee 5 Acceptance of closed site 13 Audit 6 Institutional Control Registry 14 Annual report 7 Minister to monitor a closed site 15 Institutional Control Report 8 Minister to maintain site 16 Review of Act 9 Carrying out responsibilities 17 Offence and penalties 10 Controlling access to closed sites 18 Regulations 10.1 Transfer of closed site 19 Coming into force 3 RECLAIMED INDUSTRIAL SITES c R-4.21 CHAPTER R-4.21 An Act respecting the Monitoring and Maintenance of Industrial Sites after Reclamation Short title 1 This Act may be cited as The Reclaimed Industrial Sites Act. Interpretation 2 In this Act: (a) “closed site” means an industrial site at which all decommissioning, remediation and reclamation measures have been carried out and transitional‑ phase monitoring has been completed; (b) “Institutional Control Monitoring and Maintenance Fund” means the Institutional Control Monitoring and Maintenance Fund established pursuant to section 11; (c) “Institutional Control Program” means the Institutional Control Program established pursuant to section 3; (d) “Institutional Control Registry” means the Institutional Control Registry established pursuant to section 6; (e) “Institutional Control Unforeseen Events Fund” means the Institutional Control Unforeseen Events Fund established pursuant to section 12; (f) “minister” means the member of the Executive Council to whom for the time being the administration of this Act is assigned; (g) “prescribed” means prescribed in the regulations; (h) “site holder” means the person who is in possession of a closed site immediately before the closed site is accepted into the Institutional Control Program. 2006, c R‑4.21, s 2. Program established 3(1) The Institutional Control Program is established. (2) The purposes of the Institutional Control Program are: (a) to set out the conditions by which the Government of Saskatchewan will accept responsibility for land that, in consequence of development and use, requires long‑term monitoring and, in certain circumstances, maintenance; (b) to ensure that the required monitoring and maintenance are carried out on that land; (c) to provide a funding mechanism to cover costs associated with the monitoring and maintenance on that land; and (d) to ensure that certain records and information are preserved with respect to that land. 2006, c R‑4.21, s 3. 4 c R-4.21 RECLAIMED INDUSTRIAL SITES Prescribing conditions to accept closed site 4 The Lieutenant Governor in Council may prescribe conditions pursuant to which the minister may accept a closed site into the Institutional Control Program. 2006, c R‑4.21, s 4. Acceptance of closed site 5 The minister may accept a closed site into the Institutional Control Program if: (a) the minister is satisfied that the closed site meets the prescribed conditions; (b) the site holder has paid to the minister: (i) for deposit into an account of the Institutional Control Monitoring and Maintenance Fund, an amount sufficient to cover the anticipated future monitoring and maintenance costs for the closed site, determined in the prescribed manner; (ii) for deposit into the Institutional Control Unforeseen Events Fund, an amount determined in the prescribed manner; and (iii) the prescribed registration fee; and (c) the site holder has provided a financial assurance in the form and amount acceptable to the minister. 2006, c R‑4.21, s 5; 2018, c 32, s 3. Institutional Control Registry 6(1) The Institutional Control Registry is established for the purposes of: (a) registering closed sites that have been accepted into the Institutional Control Program; and (b) accepting prescribed records and information. (2) When the minister accepts a closed site into the Institutional Control Program, the minister shall cause a description sufficient to identify the closed site to be entered into the Institutional Control Registry. (3) The Institutional Control Registry shall contain: (a) the prescribed information; and (b) any other information that the minister permits to be included in the registry. (4) If the minister considers it to be in the public interest to do so, the minister may register prescribed information or material respecting a closed site in any other prescribed registry. (5) The records and information contained in the Institutional Control Registry are open for inspection by the public. 2006, c R‑4.21, s 6. 5 RECLAIMED INDUSTRIAL SITES c R-4.21 Minister to monitor a closed site 7(1) Subject to subsection (2), the minister shall monitor a closed site in accordance with the monitoring requirements that were accepted by the minister when the closed site was accepted into the Institutional Control Program. (2) The minister may amend the monitoring requirements mentioned in subsection (1) if the minister believes that circumstances at the closed site warrant changes to the monitoring requirements. (3) In making changes to the monitoring requirements pursuant to subsection (2), the minister may consult with other persons or agencies. 2006, c R‑4.21, s 7. Minister to maintain site 8 The minister shall undertake maintenance at a closed site that has been accepted into the Institutional Control Program: (a) in accordance with the prescribed requirements; or (b) in the absence of any prescribed requirements, in accordance with any requirements that the minister considers necessary and appropriate for the closed site. 2006, c R‑4.21, s 8. Carrying out responsibilities 9(1) The minister may: (a) retain the services of qualified persons to carry out the responsibilities imposed on the minister pursuant to sections 7 and 8; (b) request qualified employees of the Government of Saskatchewan to carry out those responsibilities; and (c) enter into any agreement, engage the services of or retain any technical, professional or other adviser, specialist or consultant or do any other thing that the minister considers necessary to: (i) carry out the monitoring and maintenance of a closed site that has been accepted into the Institutional Control Program; (ii) manage the Institutional Control Monitoring and Maintenance Fund and its accounts; or (iii) manage the Institutional Control Unforeseen Events Fund. (2) The minister may charge the appropriate account of the Institutional Control Monitoring and Maintenance Fund or, as the case requires, the Institutional Control Unforeseen Events Fund for any services performed by persons retained in accordance with clause (1)(a) or by employees of the Government of Saskatchewan in accordance with clause (1)(b) or for any matter authorized by clause (1)(c). 2006, c R‑4.21, s 9. 6 c R-4.21 RECLAIMED INDUSTRIAL SITES Controlling access to closed sites 10(1) The minister may restrict or prohibit access to a closed site that has been accepted into the Institutional Control Program if the minister considers it to be in the public interest to do so. (2) No person who has knowledge of a restriction or prohibition imposed by the minister pursuant to subsection (1) shall fail to comply with that restriction or prohibition. 2006, c R‑4.21, s 10. Transfer of closed site 10.1(1) The minister may transfer responsibility for a closed site that has been accepted into the Institutional Control Program to a responsible person if: (a) the minister is satisfied that the person to whom the closed site is to be transferred meets the prescribed conditions; (b) the person to whom the closed site is to be transferred has agreed to accept responsibility for the closed site in the prescribed manner; and (c) the person to whom the closed site is to be transferred: (i) provides evidence satisfactory to the minister that the person has sufficient resources to cover the anticipated future monitoring and maintenance costs for the closed site, determined in the prescribed manner; and (ii) if requested by the minister, agrees to provide any financial assurance in the form and amount acceptable to the minister with respect to the closed site. (2) Subject to the regulations, the minister shall, as soon as is reasonably practicable after the minister transfers responsibility for a closed site pursuant to subsection (1): (a) with respect to the site holder: (i) refund the moneys paid to the minister on that site holder’s account in the Institutional Control Monitoring and Maintenance Fund and any amounts remaining to cover the anticipated future monitoring and maintenance costs for the closed site; and (ii) return any financial assurance taken from him or her with respect to the closed site; or (b) if the site holder no longer exists or his or her whereabouts are unknown, dispose of the moneys on account and any financial assurance taken in the prescribed manner. 2018, c 32, s 4. 7 RECLAIMED INDUSTRIAL SITES c R-4.21 Institutional Control Monitoring and Maintenance Fund established 11(1) The Institutional Control Monitoring and Maintenance Fund is established. (2) The amount paid by each site holder to the minister in accordance with subclause 5(b)(i) is to be deposited into a separate account of the Institutional Control Monitoring and Maintenance Fund. (3) Each account of the Institutional Control Monitoring and Maintenance Fund consists of: (a) the amount deposited into the account pursuant to subsection (2); and (b) all earnings on investments of the account. (4) The minister shall administer the Institutional Control Monitoring and Maintenance Fund and its accounts in accordance with this Act. (5) Subject to subsections (6) and (7), each account of the Institutional Control Monitoring and Maintenance Fund shall only be used for monitoring and maintenance of the closed site that has been accepted into the Institutional Control Program and to which that account is associated. (6) The minister may use the account of the Institutional Control Monitoring and Maintenance Fund that is associated with a closed site to conduct the monitoring required of that closed site in accordance with section 7. (7) The minister may use the account of the Institutional Control Monitoring and Maintenance Fund that is associated with a closed site for: (a) maintenance costs anticipated at the time the closed site is accepted into the Institutional Control Program and for any other general costs that should have reasonably been anticipated at the time the closed site was accepted into the Institutional Control Program; and (b) costs incurred for the purpose of determining the required monitoring and maintenance of the closed site. (8) The minister may invest any moneys in an account of the Institutional Control Monitoring and Maintenance Fund that are not presently required for the purposes of that account in any security or class of securities authorized for investment pursuant to The Pension Benefits Act, 1992. (9) The minister may dispose of any investment made pursuant to subsection (8), subject to the terms of the investment, in any manner and on any terms that the minister considers advisable. (10) The fiscal year of the Institutional Control Monitoring and Maintenance Fund and of each of its accounts is the period commencing on April 1 in one year and ending on March 31 in the following year. 2006, c R‑4.21, s 11. 8 c R-4.21 RECLAIMED INDUSTRIAL SITES Institutional Control Unforeseen Events Fund established 12(1) The Institutional Control Unforeseen Events Fund is established. (2) The amount paid by each site holder to the minister in accordance with subclause 5(b)(ii) is to be deposited into the Institutional Control Unforeseen Events Fund. (3) The Institutional Control Unforeseen Events Fund consists of: (a) the amounts deposited into the fund pursuant to subsection (2); and (b) all earnings on investments of the fund. (4) The minister shall administer the Institutional Control Unforeseen Events Fund in accordance with this Act. (5) The Institutional Control Unforeseen Events Fund shall only be used for: (a) maintenance obligations that are not covered by the Institutional Control Monitoring and Maintenance Fund for a closed site that has been accepted into the Institutional Control Program; and (b) costs incurred for the purpose of determining the maintenance obligations mentioned in clause (a). (6) The minister may invest any moneys in the Institutional Control Unforeseen Events Fund that are not presently required for the purposes of that fund in any security or class of securities authorized for investment pursuant to The Pension Benefits Act, 1992. (7) The minister may dispose of any investment made pursuant to subsection (6), subject to the terms of the investment, in any manner and on any terms that the minister considers advisable. (8) The fiscal year of the Institutional Control Unforeseen Events Fund is the period commencing on April 1 in one year and ending on March 31 in the following year. 2006, c R‑4.21, s 12. Fund Advisory Committee 12.1(1) The minister may, in the prescribed manner, appoint a committee to be called the Fund Advisory Committee to advise the minister with respect to any matter related to the administration of the Institutional Control Monitoring and Maintenance Fund and the Institutional Control Unforeseen Events Fund and to perform any other prescribed functions. (2) No action or proceeding lies or shall be commenced against any member of the Fund Advisory Committee if that member is acting pursuant to the authority of this Act or the regulations, for anything in good faith done, caused or permitted or authorized to be done, attempted to be done or omitted to be done by that member pursuant to or in the exercise or supposed exercise of any power conferred by this Act or the regulations or in the carrying out or supposed carrying out of any order made pursuant to this Act or any duty imposed by this Act or the regulations. 2018, c 32, s 5. 9 RECLAIMED INDUSTRIAL SITES c R-4.21 Audit 13 The Provincial Auditor or any other auditor or firm of auditors appointed by the Lieutenant Governor in Council shall audit the accounts and transactions of the Institutional Control Monitoring and Maintenance Fund and the Institutional Control Unforeseen Events Fund: (a) annually; and (b) at any other time that the Lieutenant Governor in Council may require. 2006, c R‑4.21, s 13. Annual report 14(1) In each fiscal year, in accordance with section 13 of The Executive Government Administration Act, the minister shall cause to be prepared: (a) a report on the business of the Institutional Control Monitoring and Maintenance Fund and the Institutional Control Unforeseen Events Fund for the preceding fiscal year; and (b) a financial statement showing the business of each fund for the preceding fiscal year, in any form that may be required by Treasury Board. (2) In accordance with section 13 of The Executive Government Administration Act, the minister shall lay before the Legislative Assembly each report and financial statement prepared by the minister pursuant to this section. 2006, c R‑4.21, s 14; 2014, c E‑13.1, s 62. Institutional Control Report 15(1) The minister shall prepare a report every five years, to be known as the Institutional Control Report, concerning the condition of all closed sites accepted into the Institutional Control Program. (2) Notwithstanding section 13 of The Executive Government Administration Act, the minister shall lay the Institutional Control Report before the Legislative Assembly on or before the April 1 following the end of the five-year period to which the report relates. (3) The first Institutional Control Report shall be laid before the Legislative Assembly on or before April 1, 2012. (4) If the Legislature is not in session when the minister intends to lay the Institutional Control Report before the Legislative Assembly, the minister shall submit the report to the Clerk of the Legislative Assembly. (5) When the Clerk of the Legislative Assembly receives the Institutional Control Report, the Clerk shall: (a) ensure that copies of the report are delivered to all members of the Legislative Assembly; and (b) make the report available for public inspection during normal business hours of the Clerk. 10 c R-4.21 RECLAIMED INDUSTRIAL SITES (6) If the minister submits the Institutional Control Report to the Clerk pursuant to subsection (4), the minister is deemed to have tabled the report in accordance with this Act. 2006, c R‑4.21, s 15; 2014, c E‑13.1, s 62. Review of Act 16(1) The minister shall conduct a review of this Act: (a) within five years after this Act comes into force; and (b) subject to the regulations, every five years after the review conducted pursuant to clause (a). (2) In conducting the review of this Act, the minister shall consult with: (a) the site holders who contributed to the Institutional Control Monitoring and Maintenance Fund and the Institutional Control Unforeseen Events Fund; (b) the general industry of the site holders mentioned in clause (a); and (c) any other person or agency that the minister considers appropriate. (3) The review of this Act shall include consideration as to whether or not the moneys in the Institutional Control Monitoring and Maintenance Fund and the Institutional Control Unforeseen Events Fund are sufficient to meet future financial needs relating to closed sites that have been accepted into the Institutional Control Program. 2006, c R‑4.21, s 16; 2018, c 32, s 6. Offence and penalties 17(1) No person shall fail to comply with subsection 10(2). (2) Every person who contravenes subsection 10(2) is guilty of an offence and liable on summary conviction to a fine not exceeding $50,000. (3) Every director, officer or agent of a corporation who directed, authorized, assented to, acquiesced in or participated in an act or omission of the corporation that would constitute an offence by the corporation is guilty of that offence and is liable on summary conviction to the penalties provided for the offence whether or not the corporation has been prosecuted or convicted. 2006, c R‑4.21, s 17. Regulations 18(1) The Lieutenant Governor in Council may make regulations: (a) defining, enlarging or restricting the meaning of any word or expression used but not defined in this Act; (b) prescribing the conditions pursuant to which a closed site may be accepted into the Institutional Control Program; (c) prescribing the manner for determining the anticipated future monitoring and maintenance costs for a closed site; 11 RECLAIMED INDUSTRIAL SITES c R-4.21 (d) prescribing the amount to be paid by a site holder to the minister for deposit into the Institutional Control Unforeseen Events Fund; (e) prescribing the registration fee for accepting a closed site into the Institutional Control Program; (f) prescribing the information that must be contained in the Institutional Control Registry; (g) prescribing the records and information, or the type of records and information, that may be filed with the Institutional Control Registry; (g.1) for the purposes of section 10.1: (i) prescribing the conditions that a person to whom responsibility for a closed site is to be transferred must meet; (ii) prescribing the manner in which a person to whom responsibility for a closed site is to be transferred accepts responsibility for the closed site; (iii) prescribing the manner in which the resources of a person to whom responsibility for a closed site is to be transferred are to be determined; and (iv) respecting the disposition of moneys paid on account in the Institutional Control Monitoring and Maintenance Fund and any financial assurance taken from a site holder after the transfer of responsibility for a closed site to a responsible person pursuant to section 10.1, if the site holder no longer exists or his or her whereabouts are unknown; (h) for the purposes of subsection 6(4), prescribing information or material and other registries and, for that purpose, prescribing different information or material for different registries; (i) prescribing the requirements for maintaining closed sites that have been accepted into the Institutional Control Program; (i.1) for the purposes of section 12.1, respecting the appointment of and the functions to be carried out by the Fund Advisory Committee; (i.2) for the purposes of section 16, respecting the conducting of a review of this Act by the minister; (j) prescribing any other matter or thing that is required or authorized by this Act to be prescribed in the regulations; (k) respecting any other matter or thing that the Lieutenant Governor in Council considers necessary to carry out the intent of this Act. (2) A regulation made pursuant to subsection (1) may be made applicable to all closed sites, to all closed sites as at a certain time, or to a particular closed site. 2006, c R‑4.21, s 18; 2018, c 32, s 7. Coming into force 19 This Act comes into force on proclamation. 2006, c R‑4.21, s 19. 12 c R-4.21 RECLAIMED INDUSTRIAL SITES REGINA, SASKATCHEWAN Printed by the authority of THE QUEEN’S PRINTER Copyright©2018