1E9Ct5D

esponsible” is a defined term, and casts abroad net.Areas designated as contaminated sitesrequire an environmental assessment and aremedial action plan to be submitted to theMinister of Environment and Conservationby the person responsible for thecontamination. The Minister has the powerto approve or reject the plan and to issuespecific standards and criteria forrehabilitation of the contaminated site.The NLEPA provides broad powers ofinspection, particularly with respect toanything licensed under the Act. Inspectorsmay enter buildings or premises to ensurecompliance with the Act and may alsoobtain warrants for search and seizure.Persons charged and convicted of offencesunder the NLEPA are liable on summaryconviction to fines ranging from $1,000 to$1 million for corporations, and fines ofbetween $1,000 and $50,000 and/or amaximum term of three to six months’imprisonment for individuals, depending onthe offence. Particularly egregious conductcan be subject to more severe penalties.Ministerial orders are an additional form ofenforcement under the NLEPA and can beissued regardless of whether or not aperson was charged or convicted of anoffence. These orders may require a personto stop or shut down an activity orundertaking or mandate the cleaning andrestoration of contaminated areas. Awhistleblower provision in the NLEPAprohibits employers from penalizingemployees who report environmentaloffences by their employers.Directors and officers of corporationsconducting business in Newfoundland andLabrador should be diligent in ensuringcorporate compliance with environmentallegislation. Liability for corporatecontravention of the NLEPA can beimposed on directors and officers in somecircumstances, regardless of whether or notthe corporation itself has been prosecutedor convicted. As with other provinces, thedefence of due diligence is available.It is also possible for directors and officersto be personally named in ministerial ordersmandating the remediation of contaminatedareas. The “person responsible” provisionsof the NLEPA provide the Minister with alarge degree of latitude in determiningliability and do not necessarily precludedirectors and officers.Any business activity that may have asignificant environmental impact is definedas an “undertaking.” Although the NLEPAprovisions apply to environmental mattersfalling under provincial jurisdiction, theprovince has a history of combining withfederal processes to avoid duplication andwill typically defer to the federal systemwhen a merged assessment is done.All undertakings must be registered forassessment and approval by the Ministerbefore they commence. The Minister maymandate an environmental impactstatement, environmental preview report,and issue orders containing additional termsand requirements that must be met prior toapproval. The environmental assessmentprocess may also involve consulting withinterested governmental departments andholding public hearings to record andaddress concerns. Approved undertakingsEnvironmental Law 121