Environmental protection order

For a designated contaminated site, section 129(1) of Alberta’s Environmental Protection and Enhancement Act lets the Director issue an environmental protection order to a person responsible for the site. A buyer meets the term when asking whether a site is subject to one. This entry covers Alberta and Ontario only; check the rules where you are.

What an order can require

Under section 241, an order may require the person to keep records, report to the Director, prepare environmental audits and submit a plan, and may fix the method and time. If an order names more than one person, section 240(1) makes them jointly and severally liable for the costs, subject to the exceptions in section 240.

How Ontario’s orders differ

Ontario’s Environmental Protection Act has its own order types, including control orders (section 7), stop orders (section 8) and orders for preventive measures (section 18). Section 19(1) makes an order binding on any successor or assignee of the person it was directed to.

What to ask

• Whether any order has been issued about the site
• Who the order is directed to, and whether it could bind a successor or assignee

See environmental liability and what environmental liabilities come with buying a business.