Bill 19 - An Act Respecting the Right to a Healthy Environment

BILL 19

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 the atmosphere, including the atmosphere within a building or within the underground workings of a mine. (air)

“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)

“contaminant” means any solid, liquid, gas, micro-organism, odour, heat, cold, sound, vibration, radiation, or combination of any of them, present in the environment (polluant)

(a) that is foreign to or in excess of the natural constituents of the environment,

(b) that adversely affects the natural, physical, chemical or biological quality or constitution of the environment,

(d) that causes damage to property or plant or animal life or renders them unfit for use by persons,

(e) that interferes with visibility, the normal conduct of transport or business or the reasonable enjoyment of life or use or enjoyment of property, or

(f) that is designated by the Minister as a contaminant under this Act or the Clean Air Act, Clean Environment Act or Clean Water Act.

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

“environment” means the components of the Earth and includes: (environnement)

(a) air, land and water, including all layers of the atmosphere;

(b) all organic matter and living organisms;

(d) the interacting natural systems that include components referred to in paragraphs (a) to (c).

“environmental harm” means any contamination or degradation of the environment and includes harm caused by the release of any contaminant. (atteinte à l’environnement)

“environmental hazard” includes all threats to human physical and mental well‑being whether they emanate from air, water, land or any other sources. (danger environnemental)

“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 municipality, a rural community, 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 statutory 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 level 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 enacted by the Government of New Brunswick 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)

“public trust” means the government’s responsibility to preserve and protect the collective interest of the people of New Brunswick in the quality of the environment for the benefit of present and future generations. (fiducie publique)

“registry” means the environmental registry established under subsection 11(1). (registre)

“sustainability” means meeting current human needs without undermining the capacity of the environment to provide for those needs over the long term. (durabilité)

“water” means flowing or standing water whether on or below the surface of the earth and whether naturally or artificially created and the ice of any body of water. (eau)

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 harm to the integrity of the environment and the health of New Brunswick residents, especially children,

(c) to protect children's health from environmental hazards and guarantee that everyone living in New Brunswick has a right to live and thrive in a healthy and ecologically balanced environment,

(d) to ensure that the present and future impacts of the climate emergency on children's health is the primary consideration when creating or amending any and all climate emergency related laws and government policies,

(e) to confirm the Government of New Brunswick’s public trust duty to protect the environment under its jurisdiction,

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

(g) to confirm the Government of New Brunswick’s responsibility to prevent climate change,

(h) to reduce the Province’s release of greenhouse gas emissions according to the targets set in the Climate Change Act, and

(i) to protect and conserve biological, ecological and genetic diversity, and natural resources, including plant life, animal life and ecological systems.

3( 2) In order to fulfil 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 of New Brunswick,

(b) increased accountability of the Government of New Brunswick for its environmental decision-making,

(c) increased access to the courts by residents of New Brunswick for the protection of the environment, and the protection of children from environmental hazards, and

(d) enhanced protection for all residents of New Brunswick 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 of New Brunswick 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) For greater certainty, nothing in this Act is to be construed as abrogating or derogating from the protection provided for the rights of Indigenous peoples by the recognition and affirmation of those rights in section 35 of the Constitution Act, 1982.

PART 2

ENVIRONMENTAL RIGHTS AND OBLIGATIONS

Environmental rights and obligations

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

7( 2) Every person living in New Brunswick, including every child, has the right to be protected from environmental hazards.

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

7( 4) The Government of New Brunswick has an obligation, within its jurisdiction, to protect every person living in New Brunswick, including every child, from environmental hazards.

7( 5) The Government of New Brunswick holds the environment within its jurisdiction in trust for the public’s benefit, including for the benefit of present and future generations.

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 of New Brunswick when making environmental decisions, including policies, acts, regulations and instruments.

Right to access environmental information

9 In order to contribute to the protection of the environment and protect the environmental rights of people living in New Brunswick, the Government of New Brunswick shall ensure access to environmental information by rendering such information available on request to the public in a reasonable, timely, accessible and affordable manner as prescribed by regulation.

Right to participate in government decision-making

10( 1) As part of the environmental rights set out in this Act, the Government of New Brunswick shall ensure opportunities for effective, informed, accessible and timely public participation in decision-making related to provincial policies, Acts, regulations and statutory instruments.

10( 2) Every resident of New Brunswick has an interest in environmental protection and decision making, and every person living in New Brunswick has public interest standing before the courts of New Brunswick in environmental matters.

Environmental registry

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

11( 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.

11( 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

12( 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 of New Brunswick 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 of New Brunswick 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 of New Brunswick.

12( 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.

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

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

12( 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.

12( 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 a decision whether or not to implement the proposal;

(b) the geographic extent, whether local, regional or provincial, of any environmental harm or harm to children’s environmental health that could result from a decision whether or not to implement the proposal;

(c) the nature of the private and public interests, including governmental interests, involved in the decision whether or not to implement the proposal; and

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

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

12( 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

13 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

14( 1) There shall be an Environmental Rights Commissioner who is an officer of the Legislative Assembly.

14( 2) The Lieutenant-Governor in Council shall appoint the Environmental Rights Commissioner on the address of the Legislative Assembly.

Functions of the Environmental Rights Commissioner

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

(a) review the implementation of this Act and the compliance of the Government of New Brunswick 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) review the government’s obligations pertaining to the use of the registry;

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

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

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

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

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

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

(m) order the Minister to investigate contaminants in soil, air, water or food that may pose a health hazard to residents of New Brunswick, including children and other vulnerable populations.

15( 2) In addition to the functions described in subsection (1), the Environmental Rights 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 of New Brunswick about legislation, policies and practices respecting the environmental health needs and rights of children.

Access to information

16( 1) Despite any other Act, and subject to subsection (3), the Environmental Rights 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.

16( 2) Subject to subsection (3), if the Environmental Rights 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 Environmental Rights Commissioner, relate to the matter and that may be in the possession or under the control of the person.

16( 3) The Environmental Rights 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.

16( 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 Environmental Rights Commissioner:

(a) the withholding of a document, paper or thing on the grounds 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 grounds that answering the question would be injurious to the public interest.

Confidentiality of information

17( 1) The Environmental Rights Commissioner, employees of the Office of the Environmental Rights Commissioner and any person appointed to assist the Environmental Rights 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 Environmental Rights Commissioner’s mandate under this Act.

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

17( 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.

17( 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.

17( 5) The Environmental Rights Commissioner, employees of the Office of the Environmental Rights Commissioner and any person appointed to assist the Environmental Rights Commissioner pursuant to a contract for professional services shall not disclose to any person the following information, unless the information is disclosed in accordance with the provisions of the relevant Act:

(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

17( 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 Environmental Rights Commissioner considers appropriate.

Reports of the Environmental Rights Commissioner

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

18( 2) The report of the Environmental Rights 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 15,

(d) a review and analysis of 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.

18( 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 year.

Special report

19 The Environmental Rights 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

20 The Environmental Rights 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

21 The Environmental Rights 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

22( 1) Any two residents of New Brunswick, including children, who believe that new or existing policies, laws, 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 Environmental Rights Commissioner for a review of the policies, Acts, regulations or instruments.

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

22( 3) Within 10 days after receiving an application under subsection (1), the Environmental Rights Commissioner shall acknowledge receipt and shall refer the application to the minister for any department that the Environmental Rights Commissioner considers appropriate to review the matters raised in the application.

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

PART 6

INVESTIGATION OF OFFENCES

Right to request an investigation

23( 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 Environmental Rights Commissioner for an investigation of the alleged contravention.

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

(a) the name and address of the applicants;

(b) the specific Act or regulation or other statutory 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 or to the specified regulation or other statutory instrument; and

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

23( 3) The Environmental Rights 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 Environmental Rights Commissioner considers necessary to determine the facts relating to the alleged offence.

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

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

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

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

23( 8) The Environmental Rights Commissioner shall make a recommendation to the Minister regarding the investigation.

PART 7

REMEDIES AND LEGAL ACTIONS

Definition of “court”

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

Judicial review

25( 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.

25( 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 government

26( 1) Every resident of New Brunswick may seek recourse in the court to protect the environment by bringing an environmental protection action against the Government of New Brunswick for

(a) failing to fulfill its duties referred to in section 7,

(b) failing to enforce an environmental law,

(d) violating the right to a healthy and ecologically balanced environment.

26( 2) Actions under subsection (1) may be brought in relation to any action or inaction by the Government of New Brunswick that has in whole or in part resulted, or is likely to result, in environmental harm.

26( 3) In an environmental protection action under subsection (1), it is not a defence that the Government of New Brunswick has or has not authorized an activity that may result in environmental harm.

Environmental protection action against a person

27 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 is likely to contravene, a provincial statute or a regulation or other statutory instrument if the contravention has resulted or is likely to result in environmental harm.

PART 8

EMPLOYER REPRISALS

Definition of “Board”

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

Complaint about reprisals

29( 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.

29( 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.

29( 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.

Determination by the Board

30( 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.

30( 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

PROTECTION AGAINST STRATEGIC LAWSUITS AGAINST PUBLIC PARTICIPATION

Protection against strategic lawsuits against public participation

31( 1) A judge may, on request or on the judge's own initiative, after having heard arguments from the appropriate parties on the matter, declare any legal action or other pleading against a person improper and impose a sanction on a party where the judge determines that the legal action or other pleading is

(a) unfounded,

(b) frivolous,

(d) delayed,

(e) quarrelsome,

(f) made in bad faith,

(g) unreasonable,

(h) prejudicial, or

(i) retaliatory.

31( 2) The judge, in making a declaration under subsection (1), shall take into particular consideration prejudice or discrimination against historically marginalized, vulnerable or economically disadvantaged groups and communities, particularly those that are Indigenous or people of colour.

PART 10

SPECIAL PROHIBITION TO PROTECT CHILDREN

Special prohibition to protect children

32( 1) No one may knowingly subject any child to an environmental hazard or environmental harm.

32( 2) A person who violates or fails to comply with subsection (1) commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a Category J offence.

PART 11

GENERAL PROVISIONS

Examination by Commissioner

33 The Environmental Rights 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

34 This Act shall be reviewed every seven years.

Information to be made public

35 Despite the Right to Information and Protection of Privacy Act, all documentation provided to a department in an application for an instrument posted to the registry shall be made public upon request by the relevant department without the need to file a request under this Act.

Regulations

36 The Lieutenant-Governor in Council may make regulations

(a) prescribing the procedure to be followed and the information that is to be included for the purposes of section 9;

(b) prescribing information that is to be included in the registry for the purposes of subsection 11(1);

(c) 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 12(1);

(d) prescribing the procedure to be followed for the purposes of section 13;

(e) prescribing information that is to be included in the annual report of the Environmental Rights Commissioner for the purposes of paragraph 18(2)(e);

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

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

(h) prescribing information that is to be included in a complaint made under subsection 29(1).

Commencement

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