PART V WASTE MANAGEMENT
Transition, repeal of Part VIII
28 (1) If, except for the operation of Part VIII, a site would have been a waste disposal site under this Part or facilities would have been a waste management system under this Part, those sites and facilities are, on the day that Part VIII is repealed, continued as a waste disposal site or waste management system under this Part if a certificate of approval under section 77 or a permit under section 78 or both were issued and remain in force in respect of such works.  1997, c. 30, Sched. B, s. 21. Same (2) The certificate of approval or permit or both are continued in force as if they were a certificate of approval under section 39, with such changes as necessary.  1997, c. 30, Sched. B, s. 21. Continuation, orders (3) An order issued and continuing in force under section 79 in respect of a sewage system which except for the operation of Part VIII would have been a waste disposal site or a waste management system under this Part is, upon the repeal of Part VIII, continued as if it were an order under section 44, with such changes as necessary.  1997, c. 30, Sched. B, s. 21. (4) Repealed:  2010, c. 16, Sched. 7, s. 2 (22). Records (5) If an agreement under section 81 was in force immediately before the repeal of Part VIII, the party which was administering Part VIII under the agreement shall, (a) keep all records in their possession or under their control with respect to matters continued under this section for a period of six years from the date of the repeal or as otherwise prescribed under subsection (9); (b) on the written request of the Director, deliver to the Director a record or certified copy of a record relating to Part VIII as specified in the request; (c) on the written request of the Director, deliver to the Director a certificate as to the service of any document relating to Part VIII as specified in the request; (d) on the written request of the Director, deliver to the Director a certificate as to the custody of any document relating to Part VIII as specified in the request; and (e) on the written request of the Director, deliver to the Director a certificate as to whether or not any document relating to Part VIII as specified in the request was received or issued.  1997, c. 30, Sched. B, s. 21. Deemed official document (6) A record, certified copy of a record or a certificate delivered under clause (5) (b) or (c) that is or relates to an approval, certificate, consent, licence, notice, permit, order or return under Part VIII shall be deemed to be an official document signed by an employee in the Ministry for the purpose of section 175.  1997, c. 30, Sched. B, s. 21. Same (7) A certificate delivered under clause (5) (d) or (e) shall be deemed to be an official document signed by an employee in the Ministry for the purpose of section 175.  1997, c. 30, Sched. B, s. 21. References (8) The references to sections 77, 78, 79 and 81 in this section are references to those provisions as they read immediately before the repeal of Part VIII under Schedule B of the Services Improvement Act, 1997.  1997, c. 30, Sched. B, s. 21. Regulations (9) The Lieutenant Governor in Council may make regulations prescribing transitional matters necessary to deal with issues arising out of the repeal of Part VIII, which regulations may be general or specific in their application and may be retroactive to the date this section comes into force.  1997, c. 30, Sched. B, s. 21. Limitation (10) This section applies only to sewage systems which, except for the operation of Part VIII, would have been waste disposal sites or waste management systems under this Part and to matters and documents related to such sewage systems.  1997, c. 30, Sched. B, s. 21. Section Amendments with date in force (d/m/y) 1997, c. 30, Sched. B, s. 21 - 06/04/1998 2010, c. 16, Sched. 7, s. 2 (22) - 25/10/2010