Environmental Bill of Rights, 1993

S.O. 1993, CHAPTER 28

Notice of Currency: * This document is up to date.

*This notice is current to within two business days of accessing this document.

Amended by: 1996, c. 27, s. 22; 1999, c. 5, s. 2; 2001, c. 9, Sched. G, s. 4; 2002, c. 17, Sched. F, Table; 2002, c. 24, Sched. B, ss. 25, 34.

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CONTENTS

Preamble

The people of Ontario recognize the inherent value of the natural environment.

The people of Ontario have a right to a healthful environment.

The people of Ontario have as a common goal the protection, conservation and restoration of the natural environment for the benefit of present and future generations.

While the government has the primary responsibility for achieving this goal, the people should have means to ensure that it is achieved in an effective, timely, open and fair manner.

Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

PART I
DEFINITIONS AND PURPOSES

Interpretation

1.  (1)  In this Act,

Proposals for policies, Acts

(2)  For the purposes of this Act, a proposal to make, pass, amend, revoke or repeal a policy or Act is a proposal for a policy or Act. 1993, c. 28, s. 1 (2).

Proposals for regulations

(3)  For the purposes of this Act, a proposal to make, amend or revoke a regulation is a proposal for a regulation. 1993, c. 28, s. 1 (3).

Proposals for instruments

(4)  For the purposes of this Act, a proposal to issue, amend or revoke an instrument is a proposal for an instrument. 1993, c. 28, s. 1 (4).

Classification of proposals for instruments

(5)  For the purposes of this Act, a proposal for an instrument is a Class I, II or III proposal if it is classified as a Class I, II or III proposal, as the case may be, by the regulations under this Act. 1993, c. 28, s. 1 (5).

Interpretation: implementation of proposals

(6)  For the purposes of this Act,

Same

(7)  For the purposes of this Act, a decision whether or not to implement a proposal for an instrument is made when the person or body with statutory authority to issue, amend or revoke the instrument does so. 1993, c. 28, s. 1 (7).

Purposes of Act

2.  (1)  The purposes of this Act are,

Same

(2)  The purposes set out in subsection (1) include the following:

Same

(3)  In order to fulfil the purposes set out in subsections (1) and (2), this Act provides,

PART II
PUBLIC PARTICIPATION IN GOVERNMENT DECISION-MAKING

General

Purpose of Part II

3.  (1)  This Part sets out minimum levels of public participation that must be met before the Government of Ontario makes decisions on certain kinds of environmentally significant proposals for policies, Acts, regulations and instruments. 1993, c. 28, s. 3 (1).

Same

(2)  This Part shall not be interpreted to limit any rights of public participation otherwise available. 1993, c. 28, s. 3 (2).

Application of Part II

4.  Provisions of this Part apply in relation to ministries as prescribed. 1993, c. 28, s. 4.

The Environmental Registry

Registry

5.  (1)  An environmental registry shall be established as prescribed. 1993, c. 28, s. 5 (1).

Cost of registry

(2)  The cost of establishing and operating the registry shall not be imposed on a municipality. 1993, c. 28, s. 5 (2); 2002, c. 17, Sched. F, Table.

Purpose of registry

6.  (1)  The purpose of the registry is to provide a means of giving information about the environment to the public. 1993, c. 28, s. 6 (1).

Same

(2)  For the purposes of subsection (1), information about the environment includes, but is not limited to, information about,

Ministry Statement of Environmental Values

Ministry statement of environmental values

7.  Within three months after the date on which this section begins to apply to a ministry, the minister shall prepare a draft ministry statement of environmental values that,

Public participation in statement

8.  (1)  After the draft ministry statement of environmental values is prepared and not later than three months after the day on which this section begins to apply to a ministry, the minister shall give notice to the public that he or she is developing the ministry statement of environmental values. 1993, c. 28, s. 8 (1).

Means of giving notice

(2)  Notice under this section shall be given in the registry and by any other means the minister considers appropriate. 1993, c. 28, s. 8 (2).

Contents of notice

(3)  Notice given under this section in the registry shall include the following:

Time for public comment

(4)  The minister shall not finalize the ministry statement of environmental values until at least thirty days after giving the notice under this section. 1993, c. 28, s. 8 (4).

Same

(5)  The minister shall consider allowing more than thirty days between giving the notice under this section and finalizing the statement in order to permit more informed public consultation on the statement. 1993, c. 28, s. 8 (5).

Same

(6)  In considering how much time ought to be allowed under subsection (5), the minister shall consider the following factors:

Notice of final statement

9.  (1)  Within nine months after the day on which this section begins to apply to a ministry, the minister shall finalize the ministry statement of environmental values and give notice of it to the public. 1993, c. 28, s. 9 (1).

Means of giving notice

(2)  Notice under this section shall be given in the registry and by any other means the minister considers appropriate. 1993, c. 28, s. 9 (2).

Contents of notice

(3)  The notice shall include a brief explanation of the effect, if any, of comments from members of the public on the development of the statement and any other information that the minister considers appropriate. 1993, c. 28, s. 9 (3).

Amending the statement

10.  (1)  The minister may amend the ministry statement of environmental values from time to time. 1993, c. 28, s. 10 (1).

Same

(2)  Sections 7 to 9 apply with necessary modifications to amendments of the statement. 1993, c. 28, s. 10 (2).

Effect of statement

11.  The minister shall take every reasonable step to ensure that the ministry statement of environmental values is considered whenever decisions that might significantly affect the environment are made in the ministry. 1993, c. 28, s. 11.

Proposals - General

Interpretation: more than one ministry considering proposal

12.  For the purposes of sections 15, 16 and 22, where a proposal is under consideration in more than one ministry,

Fundamental changes in a proposal

13.  For the purposes of sections 15, 16 and 22, the question of whether a proposal has been so fundamentally altered as to become a new proposal is in the sole discretion of the minister. 1993, c. 28, s. 13.

Factors in determining effect of proposal on environment

14.  In determining, under section 15 or 16, whether a proposal for a policy, Act or regulation could, if implemented, have a significant effect on the environment, a minister shall consider the following factors:

Proposals for Policies, Acts and Regulations

Proposals for policies and Acts

15.  (1)  If a minister considers that a proposal under consideration in his or her ministry for a policy or Act could, if implemented, have a significant effect on the environment, and the minister considers that the public should have an opportunity to comment on the proposal before implementation, the minister shall do everything in his or her power to give notice of the proposal to the public at least thirty days before the proposal is implemented. 1993, c. 28, s. 15 (1).

Exception

(2)  Subsection (1) does not apply to a policy or Act that is predominantly financial or administrative in nature. 1993, c. 28, s. 15 (2).

Proposals for regulations

16.  (1)  If a minister considers that a proposal under consideration in his or her ministry for a regulation under a prescribed Act could, if implemented, have a significant effect on the environment, the minister shall do everything in his or her power to give notice of the proposal to the public at least thirty days before the proposal is implemented. 1993, c. 28, s. 16 (1).

Exception

(2)  Subsection (1) does not apply to a regulation that is predominantly financial or administrative in nature. 1993, c. 28, s. 16 (2).

Additional time for public comment on proposals for policies, Acts, regulations

17.  (1)  The minister shall consider allowing more than thirty days between giving notice of a proposal under section 15 or 16 and implementation of the proposal in order to permit more informed public consultation on the proposal. 1993, c. 28, s. 17 (1).

Same

(2)  In considering how much time ought to be allowed under subsection (1), the minister shall consider the factors set out in subsection 8 (6). 1993, c. 28, s. 17 (2).

How to give notice under s. 15 or 16

18.  Notice under section 15 or 16 shall be given in accordance with section 27. 1993, c. 28, s. 18.

Classifying Proposals for Instruments

Minister to develop regulation to classify instrument proposals

19.  Within a reasonable time after this section begins to apply to a ministry, the minister for the ministry shall prepare a proposal for a regulation to classify proposals for instruments as Class I, II or III proposals for the purposes of this Act and the regulations under it. 1993, c. 28, s. 19.

Classification process

20.  (1)  In this section,

Steps to develop regulation to classify instrument proposals

(2)  In developing a proposal under section 19 for a regulation to classify proposals for instruments as Class I, II or III proposals, the minister shall take the following steps:

Amending regulations to classify instrument proposals

21.  (1)  A minister shall from time to time review the regulations that classify proposals for instruments as Class I, II or III proposals and that relate to Acts administered by the minister for the ministry and shall prepare proposals to amend the regulations as the minister considers advisable. 1993, c. 28, s. 21 (1).

Same

(2)  Section 20 applies with necessary modifications to proposals prepared under this section. 1993, c. 28, s. 21 (2).

Proposals for Instruments

Public notice of proposals for instruments

22.  (1)  The minister shall do everything in his or her power to give notice to the public of a Class I, II or III proposal for an instrument under consideration in his or her ministry at least thirty days before a decision is made whether or not to implement the proposal. 1993, c. 28, s. 22 (1).

Interpretation

(2)  For the purposes of subsection (1), a proposal for an instrument is under consideration in a ministry if,

Exception

(3)  Despite subsection (1), the minister need not give notice of a proposal to amend or revoke an instrument if the minister considers that the potential effect of the amendment or revocation on the environment is insignificant. 1993, c. 28, s. 22 (3).

How to give notice

(4)  Notice under this section shall be given in accordance with section 27. 1993, c. 28, s. 22 (4).

Additional time for public comment on Class II proposals

23.  (1)  A minister required to give notice under section 22 of a Class II proposal for an instrument shall consider allowing more than thirty days between giving the notice and the decision whether or not to implement the proposal in order to permit more informed public consultation on the proposal. 1993, c. 28, s. 23 (1).

Same

(2)  In considering how much time ought to be allowed under subsection (1), the minister shall consider the factors set out in subsection 8 (6). 1993, c. 28, s. 23 (2).

Enhanced public participation for Class II proposals

24.  (1)  A minister required to give notice under section 22 of a Class II proposal for an instrument shall also consider enhancing the right of members of the public to participate in decision-making on the proposal by providing for one or more of the following:

Same

(2)  In exercising his or her discretion under subsection (1), the minister shall consider the factors set out in section 14. 1993, c. 28, s. 24 (2).

Additional notice of Class II proposals

25.  A minister required to give notice under section 22 of a Class II proposal for an instrument shall give additional public notice of the proposal in accordance with section 28. 1993, c. 28, s. 25.

Reclassification of specific proposals

Class I proposal to be treated as Class II proposal

26.  (1)  A minister may treat a Class I proposal for an instrument under consideration in his or her ministry as if it were a Class II proposal if the minister considers that it is advisable to do so for the purpose of protecting the environment. 1993, c. 28, s. 26 (1).

Class II proposal to be treated as Class III proposal

(2)  If a decision is taken under any Act to hold a hearing to decide whether or not to implement a Class II proposal for an instrument, the proposal shall, for the purposes of this Act, be deemed to be a Class III proposal. 1993, c. 28, s. 26 (2).

Class III proposal to be treated as Class II proposal

(3)  If a decision is taken under any Act not to hold a hearing before deciding whether or not to implement a Class III proposal for an instrument, the proposal shall, for the purposes of this Act, be deemed to be a Class II proposal. 1993, c. 28, s. 26 (3).

How to Give Notice of Proposals

Manner and form of notification

Means of giving notice of proposals

27.  (1)  Notice of a proposal under section 15, 16 or 22 shall be given in the registry and by any other means the minister giving the notice considers appropriate. 1993, c. 28, s. 27 (1).

Contents of notice of proposals

(2)  Notice of a proposal given under section 15, 16 or 22 in the registry shall include the following:

Rights of participation

(3)  A statement under paragraph 2 of subsection (2) shall include a description of the following rights of public participation in decision-making on the proposal:

Regulatory impact statement

(4)  The minister shall include a regulatory impact statement in a notice of a proposal given under section 16 in the registry if the minister considers that it is necessary to do so in order to permit more informed public consultation on the proposal. 1993, c. 28, s. 27 (4).

Same

(5)  A regulatory impact statement shall include the following:

Means of giving additional notice of Class II proposals

28.  (1)  The additional notice of Class II proposals required by section 25 shall be given by such means as the minister considers appropriate, including at least one of the following means:

Same

(2)  In determining what means of giving notice are appropriate under subsection (1), the minister shall consider the factors set out in section 14. 1993, c. 28, s. 28 (2).

Proposals - Exceptions

Exception: emergencies

29.  (1)  Sections 15, 16 and 22 do not apply where, in the minister's opinion, the delay involved in giving notice to the public, in allowing time for public response to the notice or in considering the response to the notice would result in,

Same

(2)  If a minister decides under subsection (1) not to give notice of a proposal under section 15, 16 or 22, the minister shall give notice of the decision to the public and to the Environmental Commissioner. 1993, c. 28, s. 29 (2).

Same

(3)  Notice under subsection (2) shall be given as soon as reasonably possible after the decision is made and shall include a brief statement of the minister's reasons for the decision and any other information about the decision that the minister considers appropriate. 1993, c. 28, s. 29 (3).

Exception: other processes

30.  (1)  Sections 15, 16 and 22 do not apply where, in the minister's opinion, the environmentally significant aspects of a proposal for a policy, Act, regulation or instrument,

Same

(2)  If a minister decides under subsection (1) not to give notice of a proposal under section 15, 16 or 22, the minister shall give notice of the decision to the public and to the Environmental Commissioner. 1993, c. 28, s. 30 (2).

Same

(3)  Notice under subsection (2) shall be given as soon as reasonably possible after the decision is made and shall include a brief statement of the minister's reasons for the decision and any other information about the decision that the minister considers appropriate. 1993, c. 28, s. 30 (3).

Means of giving notice, ss. 29 and 30

31.  Notice to the public under section 29 or 30 shall be given in the registry and by any other means the minister considers appropriate. 1993, c. 28, s. 31.

Exception: instruments in accordance with statutory decisions

32.  (1)  Section 22 does not apply where, in the minister's opinion, the issuance, amendment or revocation of an instrument would be a step towards implementing an undertaking or other project approved by,

Same

(2)  Section 22 does not apply where, in the minister's opinion, the issuance, amendment or revocation of an instrument would be a step towards implementing an undertaking that has been exempted by a regulation under the Environmental Assessment Act. 1993, c. 28, s. 32 (2).

Same

(3)  A decision about a class of undertaking is a decision within the meaning of subsection (1) and an exemption for a class of undertaking is an exemption within the meaning of subsection (2). 1993, c. 28, s. 32 (3).

Exception: budget proposals

33.  (1)  A minister need not give notice under section 15, 16 or 22 of a proposal that would, if implemented, form part of or give effect to a budget or economic statement presented to the Assembly. 1993, c. 28, s. 33 (1).

Same

(2)  A minister need not give notice under section 15, 16 or 22 of a proposal that would, if implemented, change,

Ministerial Role after Giving Notice of a Proposal

Appointment of mediator

34.  (1)  A minister may appoint a mediator to assist in the resolution of issues related to a proposal for an instrument of which notice has been given under section 22. 1993, c. 28, s. 34 (1).

Same

(2)  A minister shall not make an appointment under subsection (1) without the consent of the person applying for the instrument or the person who would be subject to the instrument, as the case may be. 1993, c. 28, s. 34 (2).

Minister to consider comments

35.  (1)  A minister who gives notice of a proposal under section 15, 16 or 22 shall take every reasonable step to ensure that all comments relevant to the proposal that are received as part of the public participation process described in the notice of the proposal are considered when decisions about the proposal are made in the ministry. 1993, c. 28, s. 35 (1).

Same

(2)  For the purposes of subsection (1), a comment on the legislative or regulatory framework within which the decision whether or not to implement a proposal for an instrument is to be made is not a comment relevant to the proposal for the instrument. 1993, c. 28, s. 35 (2).

Implementation notice

Proposals for policies, Acts, regulations

36.  (1)  As soon as reasonably possible after a proposal for a policy, Act or regulation in respect of which notice was given under section 15 or 16 is implemented, the minister shall give notice to the public of the implementation. 1993, c. 28, s. 36 (1).

Proposals for instruments

(2)  As soon as reasonably possible after a decision is made whether or not to implement a proposal for an instrument in respect of which notice was given under section 22, the minister shall give notice to the public of the decision. 1993, c. 28, s. 36 (2).

Means of giving notice

(3)  Notice under this section shall be given in the registry and by any other means the minister considers appropriate. 1993, c. 28, s. 36 (3).

Contents of notice

(4)  The notice shall include a brief explanation of the effect, if any, of public participation on decision-making on the proposal and any other information that the minister considers appropriate. 1993, c. 28, s. 36 (4).

Effect of failure to comply with Part II

37.  Failure to comply with a provision of this Part does not affect the validity of any policy, Act, regulation or instrument, except as provided in section 118. 1993, c. 28, s. 37.

Appeals of Decisions on Class I and Class II Instrument Proposals

Right to seek leave to appeal a decision on an instrument

38.  (1)  Any person resident in Ontario may seek leave to appeal from a decision whether or not to implement a proposal for a Class I or II instrument of which notice is required to be given under section 22, if the following two conditions are met:

Same

(2)  For greater certainty, subsection (1) does not permit any person to seek leave to appeal from a decision about a proposal to which section 22 does not apply because of the application of section 29, 30, 32 or 33. 1993, c. 28, s. 38 (2).

Same

(3)  For the purposes of subsection (1), the fact that a person has exercised a right given by this Act to comment on a proposal is evidence that the person has an interest in the decision on the proposal. 1993, c. 28, s. 38 (3).

Further rights of appeal

(4)  Any person who, by virtue of this Part, is a party to an appeal about a proposal has rights of appeal from an appellate decision about the proposal equivalent to those of any other party to the appeal. 1993, c. 28, s. 38 (4).

Same

(5)  For the purposes of subsection (4), an appellate decision about a proposal is not limited to a decision whether or not to implement the proposal but includes, for example, the following kinds of decisions:

Appellate body

39.  (1)  Subject to the regulations under this Act, the application for leave to appeal and the appeal shall be heard by the appellate body that would hear an appeal relating to the same proposal and of a similar nature brought by a person referred to in paragraph 2 of subsection 38 (1). 1993, c. 28, s. 39 (1).

Same

(2)  For example, an appeal on a question of law from a decision to issue an instrument relates to the same proposal as and is of a similar nature to an appeal on a question of law from a decision not to issue the instrument. 1993, c. 28, s. 39 (2).

Time for appeal

40.  An application for leave to appeal under subsection 38 (1) shall not be made later than the earlier of,

Leave test

41.  Leave to appeal a decision shall not be granted unless it appears to the appellate body that,

Automatic stay if leave granted

42.  (1)  The granting of leave under section 41 to appeal a decision stays the operation of the decision until the disposition of the appeal, unless the appellate body that granted the leave orders otherwise. 1993, c. 28, s. 42 (1).

Same

(2)  Subsection (1) applies despite any provision in or under any other Act. 1993, c. 28, s. 42 (2).

No appeal from leave decision

43.  There is no appeal from a decision whether or not to grant an application for leave to appeal. 1993, c. 28, s. 43.

Grounds for appeal decision

44.  The appellate body shall make its determination in an appeal under this Part on grounds similar to those that would apply to an appeal relating to the same proposal and of a similar nature brought by a person referred to in paragraph 2 of subsection 38 (1). 1993, c. 28, s. 44.

Powers on appeal

45.  The appellate body has similar powers on an appeal under this Part to those the appellate body would have on an appeal relating to the same proposal and of a similar nature brought by a person referred to in paragraph 2 of subsection 38 (1). 1993, c. 28, s. 45.

Procedure

46.  The appellate body hearing an application for leave to appeal or an appeal under this Part may follow procedures similar to those the appellate body would follow on an appeal relating to the same proposal and of a similar nature brought by a person referred to in paragraph 2 of subsection 38 (1), or may vary those procedures as appropriate. 1993, c. 28, s. 46.

Public notice of appeals under other Acts

47.  (1)  A person who exercises a right under another Act to appeal from or to seek leave to appeal from a decision whether or not to implement a proposal for a Class I or II instrument of which notice is required to be given under section 22 shall give notice to the public in the registry of the appeal or application for leave to appeal. 1993, c. 28, s. 47 (1).

Same

(2)  For greater certainty, subsection (1) does not require any person to give notice to the public of an application or appeal respecting a proposal to which section 22 does not apply because of the application of section 29, 30, 32 or 33. 1993, c. 28, s. 47 (2).

Delivery of notice

(3)  The notice required by subsection (1) shall be given by delivering it to the Environmental Commissioner, who shall promptly place it on the registry. 1993, c. 28, s. 47 (3).

Same

(4)  Delivery of the notice to the Environmental Commissioner shall be made no later than the earlier of,

Content of notice

(5)  The notice shall include the following:

Appellate body not to proceed without notice

(6)  The appellate body hearing the application for leave to appeal or the appeal shall not proceed with the application or appeal until fifteen days after notice is given to the public in the registry in accordance with this section, unless the appellate body considers it appropriate to proceed sooner. 1993, c. 28, s. 47 (6).

Participation in application or appeal

(7)  In order to provide fair and adequate representation of the private and public interests, including governmental interests, involved in the application or appeal, the appellate body may permit any person to participate in the application or appeal, as a party or otherwise. 1993, c. 28, s. 47 (7).

Same

(8)  In reaching a determination under subsection (7), the appellate body shall have regard to the intent and purposes of this Act. 1993, c. 28, s. 47 (8).

Existing rights of appeal not affected

48.  Nothing in this Part shall be interpreted to limit a right of appeal otherwise available. 1993, c. 28, s. 48.

PART III
THE ENVIRONMENTAL COMMISSIONER

Environmental Commissioner

49.  (1)  There shall be an Environmental Commissioner who is an officer of the Assembly. 1993, c. 28, s. 49 (1).

Appointment

(2)  The Lieutenant Governor in Council shall appoint the Environmental Commissioner on the address of the Assembly. 1993, c. 28, s. 49 (2).

Term of office

(3)  The Environmental Commissioner shall hold office for a term of five years and may be reappointed for a further term or terms. 1993, c. 28, s. 49 (3).

Removal

(4)  The Lieutenant Governor in Council may remove the Environmental Commissioner for cause on the address of the Assembly. 1993, c. 28, s. 49 (4).

Nature of employment

(5)  The Environmental Commissioner shall not do any work or hold any office that interferes with the performance of his or her duties as Commissioner. 1993, c. 28, s. 49 (5).

Salary

50.  (1)  The Environmental Commissioner shall be paid a salary to be fixed by the Lieutenant Governor in Council. 1999, c. 5, s. 2.

Same

(2)  The salary of the Environmental Commissioner shall not be reduced except on the address of the Assembly. 1999, c. 5, s. 2.

Pension of Environmental Commissioner

51.  The Environmental Commissioner is a member of the Public Service Pension Plan. 1993, c. 28, s. 51.

Oath of office

52.  Before commencing the duties of his or her office, the Environmental Commissioner shall take an oath, to be administered by the Speaker of the Assembly, that he or she will faithfully and impartially exercise the functions of his or her office. 1993, c. 28, s. 52.

Temporary appointment

53.  (1)  If the Environmental Commissioner dies, resigns or is unable or neglects to perform the functions of his or her office while the Assembly is not in session, the Lieutenant Governor in Council may appoint a temporary Environmental Commissioner to hold office for a term of not more than six months. 1993, c. 28, s. 53 (1).

Same

(2)  A temporary Environmental Commissioner shall have the powers and duties of the Environmental Commissioner and shall be paid the remuneration and allowances fixed by the Lieutenant Governor in Council. 1993, c. 28, s. 53 (2).

Staff

54.  (1)  Subject to the approval of the Board of Internal Economy, the Environmental Commissioner may employ such employees as the Commissioner considers necessary for the efficient operation of his or her office and may determine their remuneration, which shall be comparable to the remuneration for similar positions or classifications in the public service of Ontario, and their terms of employment. 1993, c. 28, s. 54 (1).

Benefits

(2)  The employee benefits applicable from time to time to the public servants of Ontario with respect to,

apply to the employees of the office of the Environmental Commissioner. 1993, c. 28, s. 54 (2).

Same

(3)  Where the benefits referred to in subsection (2) are provided for in regulations under the Public Service Act, the Environmental Commissioner, or any person authorized in writing by him or her, may exercise the powers and duties of a minister or deputy minister or of the Civil Service Commission under the regulations. 1993, c. 28, s. 54 (3).

Pensions

(4)  The employees of the office of the Environmental Commissioner are members of the Public Service Pension Plan. 1993, c. 28, s. 54 (4).

Budget

55.  The Board of Internal Economy may from time to time issue directives to the Environmental Commissioner with respect to the expenditure of funds and the Environmental Commissioner shall follow the directives. 1993, c. 28, s. 55.

Audit

56.  The accounts and financial transactions of the office of the Environmental Commissioner shall be audited annually by the Provincial Auditor. 1993, c. 28, s. 56.

Functions

57.  In addition to fulfilling his or her other duties under this Act, it is the function of the Environmental Commissioner to,

Reports

58.  (1)  The Environmental Commissioner shall report annually to the Speaker of the Assembly who shall lay the report before the Assembly as soon as reasonably possible. 1993, c. 28, s. 58 (1).

Same

(2)  The annual report shall include,

Same

(3)  The first report under subsection (1) shall be submitted in the first half of 1996 and shall cover the period beginning on the day this Act receives Royal Assent and ending on December 31st, 1995. 1993, c. 28, s. 58 (3).

Special reports

(4)  The Environmental Commissioner may make a special report to the Speaker of the Assembly at any time on any 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 Assembly as soon as reasonably possible. 1993, c. 28, s. 58 (4).

Report on ministry statement of environmental values

(5)  If the Environmental Commissioner considers that a minister has failed to comply with section 7, 8 or 9 respecting a ministry statement of environmental values, the Commissioner shall, as soon as reasonably possible, report to the Speaker of the Assembly who shall lay the report before the Assembly as soon as reasonably possible. 1993, c. 28, s. 58 (5).

Special assignments

59.  The Environmental Commissioner shall perform special assignments as required by the Assembly, but such assignments shall not take precedence over the other duties of the Commissioner under this Act. 1993, c. 28, s. 59.

Examination on oath or affirmation

60.  (1)  The Environmental 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. 1993, c. 28, s. 60 (1).

Same

(2)  For the purposes of an examination under subsection (1), the Commissioner has the powers conferred on a commission under Part II of the Public Inquiries Act and the Part applies to the examination as if it were an inquiry under that Act. 1993, c. 28, s. 60 (2).

Delegation

(3)  The Environmental Commissioner may authorize in writing any person or group of persons to exercise the Commissioner's powers under this section. 1993, c. 28, s. 60 (3).

PART IV
APPLICATION FOR REVIEW

Application for review

61.  (1)  Any two persons resident in Ontario who believe that an existing policy, Act, regulation or instrument of Ontario should be amended, repealed or revoked in order to protect the environment may apply to the Environmental Commissioner for a review of the policy, Act, regulation or instrument by the appropriate minister. 1993, c. 28, s. 61 (1).

Same

(2)  Any two persons resident in Ontario who believe that a new policy, Act or regulation of Ontario should be made or passed in order to protect the environment may apply to the Environmental Commissioner for a review of the need for the new policy, Act or regulation by the appropriate minister. 1993, c. 28, s. 61 (2).

Same

(3)  An application under subsection (1) or (2) shall be in the form provided for the purpose by the office of the Environmental Commissioner and shall include,

Same

(4)  In addition, an application under subsection (1) shall clearly identify the policy, Act, regulation or instrument in respect of which a review is sought. 1993, c. 28, s. 61 (4).

Referral to minister

62.  (1)  Within ten days of receiving an application for review, the Environmental Commissioner shall do the following:

Referral to ministry not prescribed for this Part

(2)  A notice under paragraph 2 of subsection (1) shall,

Ministerial review, ss. 65 to 72

63.  (1)  Subject to subsection (2) and section 64, the obligations set out in sections 65 to 72 apply where a minister receives an application for review from the Environmental Commissioner for consideration in a ministry that is prescribed for the purposes of this Part. 1993, c. 28, s. 63 (1).

Same

(2)  The obligations in sections 65 to 72 do not apply in relation to an application for,

Same

(3)  A minister who determines under subsection (2) that sections 65 to 72 do not apply in relation to an application for review shall give notice of the determination to the applicants. 1993, c. 28, s. 63 (3).

Forwarding applications to more appropriate ministries

64.  (1)  A minister who has received an application from the Environmental Commissioner for review in his or her ministry and who believes that his or her ministry is not an appropriate ministry to review matters raised in the application may, with the consent of the Commissioner, return the application to the Commissioner to be forwarded under section 62 to another ministry if appropriate. 1993, c. 28, s. 64 (1).

Same

(2)  A minister who has returned an application in accordance with subsection (1) has no obligations in relation to the application under sections 65 to 72. 1993, c. 28, s. 64 (2).

Acknowledgment of receipt

65.  A minister who receives an application for review from the Environmental Commissioner shall acknowledge receipt to the applicants within twenty days of receiving the application from the Commissioner. 1993, c. 28, s. 65.

Notice to persons with direct interest

66.  (1)  A minister who receives an application for review from the Environmental Commissioner in respect of an instrument shall also give notice that the application has been made to any person who the minister considers ought to get the notice because the person might have a direct interest in matters raised in the application. 1993, c. 28, s. 66 (1).

Same

(2)  A notice under subsection (1) shall include a description of the application for review. 1993, c. 28, s. 66 (2).

Preliminary consideration

67.  (1)  The minister shall consider each application for review in a preliminary way to determine whether the public interest warrants a review in his or her ministry of matters raised in the application. 1993, c. 28, s. 67 (1).

Same

(2)  In determining whether the public interest warrants a review, the minister may consider,

Same

(3)  In addition, in determining whether the public interest warrants a review of an existing policy, Act, regulation or instrument applied for under subsection 61 (1), the minister may consider,

Review of recent decisions

68.  (1)  For the purposes of subsection 67 (1), a minister shall not determine that the public interest warrants a review of a decision made during the five years preceding the date of the application for review if the decision was made in a manner that the minister considers consistent with the intent and purpose of Part II. 1993, c. 28, s. 68 (1).

Exception

(2)  Subsection (1) does not apply where it appears to the minister that,

Duty to review

69.  (1)  A minister who determines that the public interest warrants a review under section 67 shall conduct the review within a reasonable time. 1993, c. 28, s. 69 (1).

Priorities for reviews

(2)  A minister may develop plans and set priorities for the reviews required to be conducted under this Part in his or her ministry. 1993, c. 28, s. 69 (2).

Notice of decision whether to review

70.  Within sixty days of receiving an application for review under section 61, the minister shall give notice of his or her decision whether to conduct a review, together with a brief statement of the reasons for the decision to,

Notice of completion of review

71.  (1)  Within thirty days of completing a review applied for under section 61, the minister shall give notice of the outcome of the review to the persons mentioned in clauses 70 (a) to (c). 1993, c. 28, s. 71 (1).

Same 

(2)  The notice referred to in subsection (1) shall state what action, if any, the minister has taken or proposes to take as a result of the review. 1993, c. 28, s. 71 (2).

No disclosure of personal information about applicants

72.  A notice under section 66, 70 or 71 shall not disclose the names or addresses of the applicants or any other personal information about them. 1993, c. 28, s. 72.

Application of Act to proposals resulting from review

73.  The provisions of this Act apply to a proposal for a policy, Act, regulation or instrument under consideration in a ministry as a result of a review under this Part in the same way that they apply to any other proposal for a policy, Act, regulation or instrument. 1993, c. 28, s. 73.

PART V
APPLICATION FOR INVESTIGATION

Application for investigation

74.  (1)  Any two persons resident in Ontario who believe that a prescribed Act, regulation or instrument has been contravened may apply to the Environmental Commissioner for an investigation of the alleged contravention by the appropriate minister. 1993, c. 28, s. 74 (1).

Same

(2)  An application under this section shall be in the form provided for the purpose by the office of the Environmental Commissioner and shall include,

Statement of belief

(3)  An application under this section shall also include a statement by each applicant or, where an applicant is a corporation, by a director or officer of the corporation, that he or she believes that the facts alleged in the application are true. 1993, c. 28, s. 74 (3).

Same

(4)  The statement referred to in subsection (3) shall be sworn or solemnly affirmed before a commissioner for taking affidavits in Ontario. 1993, c. 28, s. 74 (4).

Referral to minister

75.  Within ten days of receiving an application under section 74, the Environmental Commissioner shall refer it to the minister responsible for the administration of the Act under which the contravention is alleged to have been committed. 1993, c. 28, s. 75.

Acknowledgment of receipt

76.  The minister shall acknowledge receipt of an application for investigation to the applicants within twenty days of receiving the application from the Environmental Commissioner. 1993, c. 28, s. 76.

Duty to investigate

77.  (1)  The minister shall investigate all matters to the extent that the minister considers necessary in relation to a contravention alleged in an application. 1993, c. 28, s. 77 (1).

Same

(2)  Nothing in this section requires a minister to conduct an investigation in relation to a contravention alleged in an application if the minister considers that,

Same

(3) Nothing in this section requires a minister to duplicate an ongoing or completed investigation. 1993, c. 28, s. 77 (3).

Notice of decision not to investigate

78.  (1)  If the minister decides that an investigation is not required under section 77, the minister shall give notice of the decision, together with a brief statement of the reasons for the decision, to,

Same

(2)  A minister need not give notice under subsection (1) if an investigation in relation to the contravention alleged in the application is ongoing apart from the application. 1993, c. 28, s. 78 (2).

Same

(3)  A notice under subsection (1) shall be given within sixty days of receiving the application for investigation. 1993, c. 28, s. 78 (3).

Time required for investigation

79.  (1)  Within 120 days of receiving an application for an investigation in respect of which no notice is given under section 78, the minister shall either complete the investigation or give the applicants a written estimate of the time required to complete it. 1993, c. 28, s. 79 (1).

Same

(2)  Within the time given in an estimate under subsection (1), the minister shall either complete the investigation or give the applicants a revised written estimate of the time required to complete it. 1993, c. 28, s. 79 (2).

Same

(3)  Subsection (2) applies to a revised estimate given under subsection (2) as if it were an estimate given under subsection (1). 1993, c. 28, s. 79 (3).

Notice of completion of investigation

80.  (1)  Within thirty days of completing an investigation, the minister shall give notice of the outcome of the investigation to the persons mentioned in clauses 78 (1) (a) to (c). 1993, c. 28, s. 80 (1).

Same

(2)  The notice referred to in subsection (1) shall state what action, if any, the minister has taken or proposes to take as a result of the investigation. 1993, c. 28, s. 80 (2).

No disclosure of personal information about applicants

81.  A notice under section 78 or 80 shall not disclose the names or addresses of the applicants or any other personal information about them. 1993, c. 28, s. 81.

PART VI
RIGHT TO SUE

Harm to a Public Resource

Definitions, Part VI

82.  In this Part,

Application of ss. 84 to 102

83.  Sections 84 to 102 apply only in respect of a contravention of an Act, regulation or instrument that occurs after the Act, regulation or instrument is prescribed for the purposes of Part V. 1993, c. 28, s. 83.

Right of action

84.  (1)  Where a person has contravened or will imminently contravene an Act, regulation or instrument prescribed for the purposes of Part V and the actual or imminent contravention has caused or will imminently cause significant harm to a public resource of Ontario, any person resident in Ontario may bring an action against the person in the court in respect of the harm and is entitled to judgment if successful. 1993, c. 28, s. 84 (1).

Steps before action: application for investigation

(2)  Despite subsection (1), an action may not be brought under this section in respect of an actual contravention unless the plaintiff has applied for an investigation into the contravention under Part V and,

Same

(3)  In making a decision as to whether a response was given within a reasonable time for the purposes of clause (2) (a), the court shall consider but is not bound by the times specified in sections 78 to 80. 1993, c. 28, s. 84 (3).

Steps before action: farm practices

(4)  Despite subsection (1), an action may not be brought under this section in respect of actual or imminent harm to a public resource of Ontario from odour, noise or dust resulting from an agricultural operation unless the plaintiff has applied to the Farm Practices Protection Board under section 5 of the Farm Practices Protection Act with respect to the odour, noise or dust and the Farm Practices Protection Board has disposed of the application. 1993, c. 28, s. 84 (4).

Same

(5)  A person seeking to bring an action under this section in respect of harm from odour, noise or dust resulting from an agricultural operation is a person aggrieved by the odour, noise or dust within the meaning of subsection 5 (1) of the Farm Practices Protection Act. 1993, c. 28, s. 84 (5).

When steps before action need not be taken

(6)  Subsections (2) and (4) do not apply where the delay involved in complying with them would result in significant harm or serious risk of significant harm to a public resource. 1993, c. 28, s. 84 (6).

Action not a class proceeding

(7)  An action under section 84 may not be commenced or maintained as a class proceeding under the Class Proceedings Act, 1992. 1993, c. 28, s. 84 (7).

Burden of proof: contravention

(8)  The onus is on the plaintiff in an action under this section to prove the contravention or imminent contravention on a balance of probabilities. 1993, c. 28, s. 84 (8).

Other rights of action not affected

(9)  This section shall not be interpreted to limit any other right to bring or maintain a proceeding. 1993, c. 28, s. 84 (9).

Rules of court

(10)  The rules of court apply to an action under this section. 1993, c. 28, s. 84 (10).

Defence

85.  (1)  For the purposes of section 84, an Act, regulation or instrument is not contravened if the defendant satisfies the court that the defendant exercised due diligence in complying with the Act, regulation or instrument. 1993, c. 28, s. 85 (1).

Same

(2)  For the purposes of section 84, an Act, regulation or instrument is not contravened if the defendant satisfies the court that the act or omission alleged to be a contravention of the Act, regulation or instrument is authorized by an Act of Ontario or Canada or by a regulation or instrument under an Act of Ontario or Canada. 1993, c. 28, s. 85 (2).

Same

(3)  For the purposes of section 84, an instrument is not contravened if the defendant satisfies the court that the defendant complied with an interpretation of the instrument that the court considers reasonable. 1993, c. 28, s. 85 (3).

Same

(4)  This section shall not be interpreted to limit any defence otherwise available. 1993, c. 28, s. 85 (4).

Role of Attorney General

86.  (1)  The plaintiff in an action under section 84 shall serve the statement of claim on the Attorney General not later than ten days after the day on which the statement of claim is served on the first defendant served in the action. 1993, c. 28, s. 86 (1).

Right of Attorney General

(2)  The Attorney General is entitled to present evidence and make submissions to the court in the action, to appeal from a judgment in the action and to present evidence and make submissions in an appeal from a judgment in the action. 1993, c. 28, s. 86 (2).

Public notice of action

87.  (1)  The plaintiff shall give notice of the action to the public in the registry and by any other means ordered by the court. 1993, c. 28, s. 87 (1).

Same

(2)  The plaintiff shall give notice in the registry under subsection (1) by delivering the notice to the Environmental Commissioner who shall promptly place it on the registry. 1993, c. 28, s. 87 (2).

Same

(3)  Within thirty days after the close of pleadings, the plaintiff shall make a motion to the court for directions relating to the notice under this section, including directions as to when the notice should be given. 1993, c. 28, s. 87 (3).

Same

(4)  The notice shall include any information prescribed by the regulations under this Act and any information required by the court. 1993, c. 28, s. 87 (4).

Same

(5)  The court may require a party other than the plaintiff to give the notice. 1993, c. 28, s. 87 (5).

Costs

(6)  The court may make any order for the costs of the notice that the court considers appropriate. 1993, c. 28, s. 87 (6).

Notice to protect interests

88.  (1)  At any time in the action, the court may order any party to give any notice that the court considers necessary to provide fair and adequate representation of the private and public interests, including governmental interests, involved in the action. 1993, c. 28, s. 88 (1).

Same

(2)  The court may make any order relating to the notice, including an order for the costs of the notice, that the court considers appropriate. 1993, c. 28, s. 88 (2).

Participation in action

89.  (1)  In order to provide fair and adequate representation of the private and public interests, including governmental interests, involved in the action, the court may permit any person to participate in the action, as a party or otherwise. 1993, c. 28, s. 89 (1).

Same

(2)  Participation under subsection (1) shall be in the manner and on the terms, including terms as to costs, that the court considers appropriate. 1993, c. 28, s. 89 (2).

Same

(3)  No order shall be made under subsection (1) in an action after the court has made an order under section 93 in the action. 1993, c. 28, s. 89 (3).

Same

(4)  This section shall not be interpreted to limit the orders a court may make under the rules of court or otherwise. 1993, c. 28, s. 89 (4).

Stay or dismissal in the public interest

90.  (1)  The court may stay or dismiss the action if to do so would be in the public interest. 1993, c. 28, s. 90 (1).

Same

(2)  In making a decision under subsection (1), the court may have regard to environmental, economic and social concerns and may consider,

Discontinuance, abandonment, settlement, etc.

91.  (1)  An action under section 84 may be discontinued or abandoned only with the approval of the court, on the terms that the court considers appropriate. 1993, c. 28, s. 91 (1).

Settlement without court approval

(2)  A settlement of an action under section 84 is not binding unless approved by the court. 1993, c. 28, s. 91 (2).

Effect of settlement

(3)  A settlement of an action under section 84 that is approved by the court binds all past, present and future residents of Ontario. 1993, c. 28, s. 91 (3).

Notice: dismissal, discontinuance, abandonment or settlement

(4)  In considering whether to dismiss an action under section 84 without a finding as to whether the plaintiff was entitled to judgment, whether for delay, for public interest reasons or for any other reason, or in considering whether to approve a discontinuance, abandonment or settlement of the action, the court shall consider whether notice should be given under section 88. 1993, c. 28, s. 91 (4).

Interlocutory injunctions: plaintiff's undertaking to pay damages

92.  In exercising its discretion under the rules of court as to whether to dispense with an undertaking by the plaintiff to pay damages caused by an interlocutory injunction or mandatory order, the court may consider any special circumstance, including whether the action is a test case or raises a novel point of law. 1993, c. 28, s. 92.

Remedies

93.  (1)  If the court finds that the plaintiff is entitled to judgment in an action under section 84, the court may,

Damages

(2)  No award of damages shall be made under subsection (1). 1993, c. 28, s. 93 (2).

Farm practices

(3)  No order shall be made under this section that is inconsistent with the Farm Practices Protection Act. 1993, c. 28, s. 93 (3).

When order to negotiate not to be made

94.  The court shall not order the parties to negotiate a restoration plan if the court determines that,

Restoration plans

95.  (1)  This section applies to restoration plans negotiated by the parties and to restoration plans developed by the court under section 98. 1993, c. 28, s. 95 (1).

Restoration plans: purposes

(2)  A restoration plan in respect of harm to a public resource resulting from a contravention shall, to the extent that to do so is reasonable, practical and ecologically sound, provide for,

Same

(3)  A restoration plan may include provisions to address harm to a public resource in ways not directly connected with the public resource, including,

Same

(4)  A provision under subsection (3) shall be included in a restoration plan only with the consent of the defendant. 1993, c. 28, s. 95 (4).

Same

(5)  A provision under clause (3) (c) shall be included in a restoration plan only with the consent of the defendant and the transferee. 1993, c. 28, s. 95 (5).

Restoration plan: provisions for implementation

(6)  A restoration plan may include provisions for monitoring progress under the plan and for overseeing its implementation. 1993, c. 28, s. 95 (6).

Restoration plans: considerations

(7)  When negotiating or developing a restoration plan in respect of harm, the negotiating parties or the court, as the case may be, shall consider,

Restoration plans: payments

(8)  A restoration plan may provide for money to be paid by the defendant only if,

Orders ancillary to order to negotiate

96.  If the court orders the parties to negotiate a restoration plan, the court may,

If parties agree on restoration plan

97.  (1)  If the parties agree on a restoration plan within the time fixed by the court under clause 93 (1) (b) and the court is satisfied that the terms of the plan are consistent with section 95, the court shall order the defendant to comply with the plan. 1993, c. 28, s. 97 (1).

Same

(2)  For the purpose of determining whether an agreed plan is consistent with section 95, the court may,

Court developed restoration plan

98.  (1)  If the parties do not agree on a restoration plan or if the court is not satisfied that a plan agreed to by the parties is consistent with section 95, the court shall develop a restoration plan consistent with section 95 and, for the purpose, the court may,

Same

(2)  The rules of court respecting court appointed experts apply with necessary modifications to the appointment of a person under clause (1) (c) or (d). 1993, c. 28, s. 98 (2).

Order to implement

(3)  The court shall order the defendant to comply with the restoration plan developed by the court. 1993, c. 28, s. 98 (3).

Estoppel

99.  (1)  The doctrines of cause of action estoppel and issue estoppel apply in relation to an action under section 84 as if all past, present and future residents of Ontario were parties to the action. 1993, c. 28, s. 99 (1).

Exception

(2)  Subsection (1) does not apply where an action under section 84 has been discontinued, abandoned or dismissed without a finding as to whether the plaintiff was entitled to judgment. 1993, c. 28, s. 99 (2).

Costs

100.  In exercising its discretion under subsection 131 (1) of the Courts of Justice Act with respect to costs of an action under section 84 of this Act, the court may consider any special circumstance, including whether the action is a test case or raises a novel point of law. 1993, c. 28, s. 100.

Stay on appeal

101.  The delivery of a notice of appeal from an order under this Act does not stay the operation of the order, but a judge of the court to which a motion for leave to appeal has been made or to which an appeal has been taken may order a stay on terms that the judge considers appropriate. 1993, c. 28, s. 101.

Limitations

102.  (1)  No person shall bring an action under section 84 in respect of a contravention that caused harm after the earliest of,

Same

(2)  Despite subsection (1), if clause (1) (a) or (b) applies to establish the limitation period under subsection (1), a person may bring the action after the end of that period, to the extent permitted by subsections (3) and (4). 1993, c. 28, s. 102 (2).

Same

(3)  If the person bringing the action applied under section 74 for an investigation of the contravention before the end of the period established under subsection (1) by the application of clause (1) (a) or (b), the person may bring the action within 120 days after the day on which the person received a notice under section 78 or 80 in respect of the contravention. 1993, c. 28, s. 102 (3).

Same

(4)  If the person bringing the action applied under section 5 of the Farm Practices Protection Act with respect to the harm before the end of the period established under subsection (1) by the application of clause (1) (a) or (b), the person may bring the action within 120 days after the day on which the Farm Practices Protection Board disposed of the application. 1993, c. 28, s. 102 (4).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 102 is amended by the Statutes of Ontario, 2002, chapter 24, Schedule B, section 34 by adding the following subsections:

Same

(5)  For greater certainty, a limitation period established under this section conflicts with and is in place of any limitation period set out in the Limitations Act, 2002.

Same

(6)  Subsection 19 (5) of the Limitations Act, 2002 does not apply to postpone or suspend a limitation period established under subsection (1) by the application of clause (1) (c).

See: 2002, c. 24, Sched. B, ss. 34, 51.

Public Nuisance Causing Environmental Harm

Public nuisance causing environmental harm

103.  (1)  No person who has suffered or may suffer a direct economic loss or direct personal injury as a result of a public nuisance that caused harm to the environment shall be barred from bringing an action without the consent of the Attorney General in respect of the loss or injury only because the person has suffered or may suffer direct economic loss or direct personal injury of the same kind or to the same degree as other persons. 1993, c. 28, s. 103 (1).

Farm practices

(2)  Subsection (1) shall not be interpreted to limit a right or defence available under the Farm Practices Protection Act. 1993, c. 28, s. 103 (2).

PART VII
EMPLOYER REPRISALS

Meaning of "Board", Part VII

104.  In this Part,

Complaint about reprisals

105.  (1)  Any person may file a written complaint with the Board alleging that an employer has taken reprisals against an employee on a prohibited ground. 1993, c. 28, s. 105 (1).

Reprisals

(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. 1993, c. 28, s. 105 (2).

Prohibited grounds

(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:

Labour relations officer, authorization

106.  The Board may authorize a labour relations officer to inquire into a complaint. 1993, c. 28, s. 106.

Labour relations officer, inquiry into complaint

107.  A labour relations officer authorized to inquire into a complaint shall make the inquiry as soon as reasonably possible, shall endeavour to effect a settlement of the matter complained of and shall report the results of the inquiry and endeavours to the Board. 1993, c. 28, s. 107.

Inquiry by the Board

108.  If a labour relations officer is unable to effect a settlement of the matter complained of, or if the Board in its discretion dispenses with an inquiry by a labour relations officer, the Board may inquire into the complaint. 1993, c. 28, s. 108.

Burden of proof

109.  In an inquiry under section 108, the onus is on the employer to prove that the employer did not take reprisals on a prohibited ground. 1993, c. 28, s. 109.

Determination by the Board

110.  (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. 1993, c. 28, s. 110 (1).

Same

(2)  A determination under subsection (1) may include, but is not limited to, one or more of,

Agreement to the contrary

111.  A determination under section 110 applies despite a provision of an agreement to the contrary. 1993, c. 28, s. 111.

Failure to comply

112.  If the employer fails to comply with a term of the determination under section 110 within fourteen days from the date of the release of the determination by the Board or from the date provided in the determination for compliance, whichever is later, the complainant may notify the Board in writing of the failure. 1993, c. 28, s. 112.

Enforcement of determination

113.  If the Board receives notice in accordance with section 112, the Board shall file a copy of its determination, without its reasons, with the Superior Court of Justice, and the determination may be enforced as if it were an order of the court. 1993, c. 28, s. 113; 2001, c. 9, Sched. G, s. 4 (2).

Effect of settlement

114.  (1)  If a complaint under section 105 has been settled, whether through the endeavours of the labour relations officer or otherwise, and the settlement has been put in writing and signed, a party to the settlement may file a written complaint with the Board alleging that another party to the settlement has failed to comply with the settlement. 1993, c. 28, s. 114 (1).

Same

(2)  Sections 106 to 108 and 110 to 113 and subsection (1) apply with necessary modifications with respect to a complaint alleging failure to comply with a settlement. 1993, c. 28, s. 114 (2).

Act performed on behalf of employer

115.  For the purposes of sections 105 to 114, an act that is performed on behalf of the employer shall be deemed to be the act of the employer. 1993, c. 28, s. 115.

Powers, etc., of the Board

116.  (1)  The provisions of the Labour Relations Act and the regulations under it relating to powers, practices and procedures of the Board apply with necessary modifications to an inquiry by the Board into a complaint under section 105 or 114. 1993, c. 28, s. 116 (1).

Application of provisions of Labour Relations Act

(2)  Sections 108, 110, 111 and 112 of the Labour Relations Act apply with necessary modifications to an inquiry by the Board into a complaint under section 105 or 114. 1993, c. 28, s. 116 (2).

PART VIII
GENERAL

Delegation

117.  A minister may authorize in writing any person or group of persons to exercise any of the minister's powers or duties under this Act. 1993, c. 28, s. 117.

No judicial review

118.  (1)  Except as provided in section 84 and subsection (2) of this section, no action, decision, failure to take action or failure to make a decision by a minister or his or her delegate under this Act shall be reviewed in any court. 1993, c. 28, s. 118 (1).

Exception

(2)  Any person resident in Ontario may make an application for judicial review under the Judicial Review Procedure Act on the grounds that a minister or his or her delegate failed in a fundamental way to comply with the requirements of Part II respecting a proposal for an instrument. 1993, c. 28, s. 118 (2).

Same

(3)  An application under subsection (2) shall not be made later than twenty-one days after the day on which the minister gives notice under section 36 of a decision on the proposal. 1993, c. 28, s. 118 (3).

Protection from personal liability

119.  (1)  Except in the case of an application for judicial review under section 118, no proceeding for damages or otherwise shall be commenced against a minister or an employee of a ministry for any act done in good faith in the execution or intended execution of any duty or authority under this Act or for any alleged neglect or default in the execution in good faith of any duty or authority under this Act. 1993, c. 28, s. 119 (1).

Crown not relieved of liability

(2)  Subsection (1) does not, by reason of subsections 5 (2) and (4) of the Proceedings Against the Crown Act, relieve the Crown of liability in respect of a tort committed by any agent or servant of the Crown to which it would otherwise be subject and the Crown is liable under that Act for any such tort as if subsection (1) had not been enacted. 1993, c. 28, s. 119 (2).

Crown bound

120.  This Act binds the Crown. 1993, c. 28, s. 120.

Regulations

121.  (1)  The Lieutenant Governor in Council may make regulations,

Classes

(2)  A class described in the regulations under this Act may be described according to any characteristic and may be described to consist of or to include or exclude any specified member or thing whether or not with the same characteristics. 1993, c. 28, s. 121 (2).

General or specific regulations

(3)  Regulations under this Act may be general or specific in nature. 1993, c. 28, s. 121 (3).

Acts, regulations and instruments of Canada

(4)  The authority in this Act to prescribe an Act, regulation or instrument includes the authority to prescribe an Act of Canada, a regulation of Canada or an instrument of Canada. 1993, c. 28, s. 121 (4).

Provisions of Act, regulations

(5)  The authority in this Act to prescribe an Act or regulation includes the authority to prescribe one or more provisions of the Act or regulation. 1993, c. 28, s. 121 (5).

122.  Omitted (amends or repeals other Acts). 1993, c. 28, s. 122.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 122 is repealed by the Statutes of Ontario, 2002, chapter 24, Schedule B, section 25. See: 2002, c. 24, Sched. B, ss. 25, 51.

123.  Omitted (provides for coming into force of provisions of this Act). 1993, c. 28, s. 123.

124.  Omitted (enacts short title of this Act). 1993, c. 28, s. 124.

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