Ontario Water Resources Act

R.S.O. 1990, CHAPTER O.40

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

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

Amended by: 1992, c. 23, s. 39; 1993, c. 23, s. 73; 1993, c. 27, Sched.; 1994, c. 27, s. 116; 1997, c. 7, ss. 6-8; 1997, c. 30, Sched. B, ss. 24, 25; 1997, c. 37, s. 4; 1998, c. 35, ss. 44-76; 2000, c. 22, s. 2; 2000, c. 26, Sched. E, s. 5; 2000, c. 26, Sched. F, s. 13; 2001, c. 9, Sched. G, s. 6; 2001, c. 17, s. 5; 2002, c. 4, s. 65; 2002, c. 17, Sched. C, s. 19; 2002, c. 17, Sched. F, Table; 2002, c. 33, s. 146.

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CONTENTS

Interpretation

1.  (1)  In this Act,

Health or safety

(2)  For the purposes of this Act, a danger to existing water supplies that are used for human consumption shall be deemed to be a danger to the health or safety of persons. 2001, c. 17, s. 5 (2).

The Crown

2.  This Act binds the Crown. R.S.O. 1990, c. O.40, s. 2.

Administration

Administration

3.  The Minister is responsible for the administration of this Act. 1993, c. 23, s. 73 (3).

Rates

4.  Every power, right, privilege and discretion with respect to rates under agreements made under subsection 10 (2) and subsection 63 (3) may be exercised by the Agency. R.S.O. 1990, c. O.40, s. 4; 1993, c. 23, s. 73 (4).

Appointments

Appointment of Directors by Minister

5.  (1) The Minister shall appoint in writing such employees of the Ministry or, subject to the approval of the Lieutenant Governor in Council, such other persons as the Minister considers necessary as Directors in respect of such sections of this Act and in respect of such of the regulations or sections thereof as are set out in the appointments. R.S.O. 1990, c. O.40, s. 5 (1).

Limitations

(2) The Minister, in an appointment under subsection (1), may limit the authority of a Director in such manner as the Minister considers necessary or advisable. R.S.O. 1990, c. O.40, s. 5 (2).

Provincial officers and Agency inspectors

(3) The Minister or the Agency, as the case may be, may designate in writing one or more of its officers or employees as provincial officers or inspectors for the purposes of this Act and the regulations. 1993, c. 23, s. 73 (5).

Provincial officers

(4) A provincial officer is a peace officer for the purpose of enforcing this Act.

Investigation and prosecution

(5) A provincial officer may investigate offences under this Act and may prosecute any person whom the provincial officer reasonably believes is guilty of an offence under this Act. 1998, c. 35, s. 45.

6.  Repealed: 1993, c. 23, s. 73 (6).

Hearing before Tribunal

7.  (1) Upon receipt of a notice from a Director under subsection 54 (1), 55 (1) or 74 (4), the Tribunal shall hold a hearing with respect to the subject-matter of the notice, unless subsection 8 (2) applies. R.S.O. 1990, c. O.40, s. 7 (1); 2000, c. 26, Sched. F, s. 13 (13).

Parties

(2) The applicant, the Director and any other persons specified by the Tribunal shall be parties to the hearing. R.S.O. 1990, c. O.40, s. 7 (2); 2000, c. 26, Sched. F, s. 13 (13).

(3) Repealed: 2000, c. 26, Sched. F, s. 13 (3).

Decision

(4) The Tribunal shall serve notice of its decision, together with reasons therefor, on the parties to the hearing, and the Director shall implement the decision. R.S.O. 1990, c. O.40, s. 7 (4); 2000, c. 26, Sched. F, s. 13 (13).

Costs

(5)  The Tribunal may award the costs of a proceeding under this section. 2000, c. 26, Sched. F, s. 13 (4).

Payment

(6)  The Tribunal may order to whom and by whom the costs are to be paid. 2000, c. 26, Sched. F, s. 13 (4).

Assessment

(7)  The Tribunal may fix the amount of the costs or direct that the amount be assessed and it may direct the scale according to which they are to be assessed and by whom they are to be assessed. 2000, c. 26, Sched. F, s. 13 (4).

Considerations not limited

(8)  In awarding costs, the Tribunal is not limited to the considerations that govern awards of costs in any court. 2000, c. 26, Sched. F, s. 13 (4).

Application

(9)  Subsections (5) to (8) apply despite sections 17.1 and 32 of the Statutory Powers Procedure Act. 2000, c. 26, Sched. F, s. 13 (4).

Notice of objection

8.  (1) Where the Tribunal has given notice of a hearing under this Act, any person objecting to the action proposed under subsection 54 (1) or 55 (1) or the order referred to in subsection 74 (2) may serve notice of the objection, together with the reasons in support of it, on the Tribunal within fifteen days after the notice of hearing is given. R.S.O. 1990, c. O.40, s. 8 (1); 2000, c. 26, Sched. F, s. 13 (13).

Hearing not required

(2) If no objections are received within the fifteen days, or if the Tribunal is of the opinion that the objections are insufficient, the Tribunal is not required to hold a hearing. R.S.O. 1990, c. O.40, s. 8 (2); 2000, c. 26, Sched. F, s. 13 (13).

Extension

(3) Where the Tribunal considers it appropriate in the circumstances, it may extend the period provided under subsection (1) for serving an objection. R.S.O. 1990, c. O.40, s. 8 (3); 2000, c. 26, Sched. F, s. 13 (13).

Appeal from Tribunal decision

9.  (1) A party to a proceeding under section 7 may appeal from the Tribunal's decision,

Time to appeal to cabinet

(2) An appeal under clause (1) (b) shall be made in writing within thirty days after the appealing party receives the decision of the Tribunal. R.S.O. 1990, c. O.40, s. 9 (2); 2000, c. 26, Sched. F, s. 13 (13).

Powers of Cabinet on appeal

(3) In an appeal under clause (1) (b), the Lieutenant Governor in Council shall confirm, alter or revoke the decision or order of the Tribunal, substitute for the decision of the Tribunal such decision as it considers appropriate or, by notice in writing to the Tribunal, require it to hold a new hearing with respect to all or any part of the subject-matter of the decision. R.S.O. 1990, c. O.40, s. 9 (3); 2000, c. 26, Sched. F, s. 13 (13).

Functions of Minister, Agency and Directors

Minister's functions

10.  (1) Despite any other Act, it is the function of the Minister and he or she has power,

Agency power to make agreements

(2) Despite any other Act, the Agency may make agreements for the provision of water service or sewage service. 1993, c. 23, s. 73 (8).

Power of Director

(3) Despite any other Act, it is the function of a Director and he or she has power to control and regulate the collection, production, treatment, storage, transmission, distribution and use of water for public purposes and to make orders with respect thereto. R.S.O. 1990, c. O.40, s. 10 (3).

Agreements under s. 10

11.  Any municipality may enter into agreements with the Agency under subsection 10 (2), and subsections 63 (5) to (8), section 65 and subsection 67 (5) apply with necessary modifications to such agreements. R.S.O. 1990, c. O.40, s. 11; 1993, c. 23, s. 73 (9); 2001, c. 9, Sched. G, s. 6 (6).

Municipal powers

12.  The Agency may for its purposes exercise any or all of the powers that are conferred by any general Act upon a municipality respecting the establishment, construction, maintenance or operation of water works or sewage works. R.S.O. 1990, c. O.40, s. 12; 1993, c. 23, s. 73 (10).

Action under Act, successors, etc., bound, records

Successors and assigns

13.  (1)  An approval, direction, notice, order, report or requirement of a court, the Minister, the Director, a provincial officer or the Agency under this Act is binding on the executor, administrator, administrator with the will annexed, guardian of property or attorney for property of the person to whom it was directed, and on any other successor or assignee of the person to whom it was directed. 2001, c. 17, s. 5 (3).

Limitation

(2)  If, pursuant to subsection (1), a direction, notice or order is binding on an executor, administrator, administrator with the will annexed, guardian of property or attorney for property, their obligation to incur costs to comply with the direction, notice or order is limited to the value of the assets they hold or administer, less their reasonable costs of holding or administering the assets. 2001, c. 17, s. 5 (3).

Receivers and trustees

(3)  An approval, direction, notice, order, report or requirement of a court, the Minister, the Director, a provincial officer or the Agency under this Act that relates to property is binding on a receiver or trustee that holds or administers the property. 2001, c. 17, s. 5 (3).

Limitation

(4)  If, pursuant to subsection (3), a direction, notice, order or report is binding on a trustee, other than a trustee in bankruptcy, the trustee's obligation to incur costs to comply with the direction, notice, order or report is limited to the value of the assets held or administered by the trustee, less the trustee's reasonable costs of holding or administering the assets. 2001, c. 17, s. 5 (3).

Exception

(5)  Subsection (3) does not apply to a direction, notice or order that relates to property held or administered by a receiver or trustee in bankruptcy if,

Extension of period

(6)  The Director may extend the 10-day period for giving notice under clause (5) (a), before or after it expires, on such terms and conditions as he or she considers appropriate. 2001, c. 17, s. 5 (3).

Notice under subs. (5)

(7)  Notice under clause (5) (a) or (b) must be given in the manner prescribed by the regulations referred to in subsection 19 (7) of the Environmental Protection Act. 2001, c. 17, s. 5 (3).

Holder

(8)  For the purposes of this Act, a person who is bound by an approval under this section shall be deemed to be the holder of the approval. 2001, c. 17, s. 5 (3).

Index record

(9)  The Ministry shall maintain an alphabetical index record of the names of all persons to whom approvals, directions, notices, orders, reports or requirements are directed under this Act. 2001, c. 17, s. 5 (3).

Expiry of order, etc.

(10)  When an approval, direction, notice, order, report or requirement has expired or is revoked or set aside, the Ministry shall note that fact in the index record. 2001, c. 17, s. 5 (3).

Search of index record

(11)  The Ministry shall, on the request of any person, make a search of the index record and inform the person making the request as to whether or not the name of a particular person appears in the index record and shall permit inspection of any approval, direction, notice, order, report or requirement relating to that person. 2001, c. 17, s. 5 (3).

Right to lay and maintain pipes under roads

14.  (1) The Agency, its employees and agents may, for the Agency's purposes, without consent and without compensation, lay, maintain, repair, alter or replace the pipes and appurtenances to them that the Agency considers necessary in, upon, through, over and under a highway or road under the jurisdiction and control of any public authority.

Right to use unopened road allowances

(2) The Agency, its employees and agents may use unopened road allowances to obtain access to water works and sewage works.

Appurtenances above surface

(3) The Agency, its employees and agents may, with the consent of the public authority having jurisdiction and control of the highway or road, including an unopened road allowance, leave appurtenances above the surface of the highway, road or unopened road allowance in locations agreed to by the authority.

Land, etc., to be restored

(4) Lands, buildings, highways or roads disturbed by the exercise of any of the powers mentioned in subsection (1), (2), or (3) shall be restored to their original condition, or as near to it as possible, without unnecessary delay. 1998, c. 35, s. 46.

Inspection by provincial officer

15.  (1) For the administration of this Act or the regulations, a provincial officer may, without a warrant or court order, at any reasonable time and with any reasonable assistance, make inspections, including,

Same

(2) During an inspection under subsection (1), the provincial officer may,

Limitation re photographs, recordings

(3) A record made under clause (2) (f) must be made in a manner that does not intercept any private communication and that accords with reasonable expectations of privacy.

Limitation re removal of documents, data

(4) A provincial officer shall not remove documents or data under clause (2) (h) without giving a receipt for them and shall promptly return the documents or data to the person who produced them.

Power to exclude persons

(5) A provincial officer who exercises the power set out in clause (2) (i) may exclude from the questioning any person except counsel for the individual being questioned. 1998, c. 35, s. 47.

Inspection of vehicles and vessels

15.1  (1) In this section,

Requirement to stop

(2) For the administration of this Act or the regulations, a provincial officer may signal a vehicle or vessel to stop.

Same

(3) On the provincial officer's signal to stop, the operator of the vehicle or vessel shall immediately come to a safe stop.

Same

(4) For the purposes of this section, a signal to stop includes,

Sign to report

(5) Where a clearly marked sign is posted indicating that a class of vehicles or vessels should report to a certain place in the vicinity of the sign, the operator of a vehicle or vessel that passes the sign and that falls within the class of vehicles or vessels indicated shall report forthwith to the place the sign directs.

Same

(6) Where the operator of a vehicle or vessel stops under subsection (3) or reports under subsection (5), the provincial officer may make any reasonable inquiries of the operator and the operator shall produce for inspection any documents related to the operation or ownership of the vehicle or vessel, including licenses, permits and any documents that are required to be kept by the law of any jurisdiction in relation to the carriage of any cargo or container.

Inspection powers

(7) Based on questioning or examination of documents conducted under subsection (6), the provincial officer may, without warrant or court order, inspect any means of containment that the provincial officer reasonably believes is being used for the handling or transportation of a thing the handling or transportation of which is governed or regulated under this Act.

Same

(8) As part of an inspection under subsection (7), the provincial officer may open or require the operator to open any cargo hold, container or other means of containment.

Same

(9) During an inspection conducted under subsection (6) or (7), the provincial officer may exercise such powers under subsection 15 (2) as are reasonably required for the administration of this Act or the regulations.

Same

(10) Subsections 15 (3), (4) and (5) apply to the exercise of a power under subsection (9). 1998, c. 35, s. 47.

Power to administer other statutes

15.2  A provincial officer who exercises any power set out in section 15, 15.1, 19, 20 or 20.1 may, if the provincial officer is designated as such under the Environmental Protection Act or the Pesticides Act, as the case may be, do anything authorized by,

Note: On a day to be named by proclamation of the Lieutenant Governor, section 15.2 is repealed by the Statutes of Ontario, 2002, chapter 4, subsection 65 (1) and the following substituted:

Power to administer other Acts

15.2  A provincial officer who exercises any power set out in section 15, 15.1, 19, 20 or 20.1 may, if the provincial officer is designated as such under the Environmental Protection Act, the Nutrient Management Act, 2002 or the Pesticides Act, as the case may be, do anything authorized by,

See: 2002, c. 4, ss. 65 (1), 67.

Entry to dwellings

15.3  A person shall not exercise a power conferred by this Act to enter a room actually used as a dwelling without the consent of the occupier except under the authority of an order under section 17. 1998, c. 35, s. 47.

Identification

15.4  On request, a provincial officer who exercises a power under this Act shall identify himself or herself as a provincial officer either by the production of a copy of his or her designation or in some other manner and shall explain the purpose of the exercise of the power. 1998, c. 35, s. 48.

Entry, etc., may be prohibited

15.5  (1) A provincial officer may by order prohibit entry into all or part of any land or place or prohibit the use of, interference with, disruption of, or destruction of any thing in any of the following circumstances:

Requirements for order

(2) An order under subsection (1) shall not be issued unless the provincial officer reasonably believes that,

Notice of order

(3) The provincial officer shall give notice of the order in the manner that he or she considers appropriate in the circumstances.

Contents of notice

(4) Notice of the order shall include an explanation of the rights provided by subsections (6) and (7).

Order not effective where no notice

(5) An order under subsection (1) is not effective in any court proceeding against a person where the person satisfies the court that the person neither knew nor should have known of the order.

Request for rescission

(6) A person aggrieved by the order may make an oral or written request to the Director to rescind it and may make oral or written submissions to the Director in support of the request.

Powers of Director

(7) The Director shall give prompt consideration to any request or submissions made under subsection (6) and may rescind the order.

Same

(8) For the purposes of subsection (7), the Director may substitute his or her own opinion for that of the provincial officer.

Same

(9) A Director who rescinds an order under subsection (7) shall give such directions to a provincial officer as the Director considers appropriate to bring the rescission to the attention of persons affected.

No stay

(10) A request for rescission of an order under subsection (1) does not stay the order, unless the Director orders otherwise in writing.

Duration of order

(11) An order under subsection (1) shall,

Order of justice prohibiting entry, or use, etc., of things

15.6  (1) Where a justice is satisfied, on evidence under oath by a provincial officer, that there is reasonable ground for believing that it is appropriate for the administration of this Act or the regulations or necessary to protect human health or safety or to protect property, the justice may issue an order prohibiting entry into all or part of any land or place or prohibiting the use of, interference with, disruption of, or destruction of any thing.

Same

(2) The prohibition under the justice's order shall, subject to subsection (3), be for such period of time as is set out in the order.

Expiry

(3) Unless renewed, an order under this section expires on the earlier of the day specified for the purpose in the order or the day that is 30 days after the date on which the order is made.

Renewal

(4) An order under this section may be renewed for any reason set out in subsection (1), before or after expiry, for one or more periods each of which is not more than 30 days.

Notice of application

(5) An initial order under subsection (1) may be issued on application without notice.

Same

(6) A renewal order under subsection (4) may be issued on application made with such notice, if any, as is specified for the purpose under subsection (7).

Same

(7) In an order under subsection (1) or (4), a justice may specify notice requirements that must be met by a person applying for a renewal of the order or for a further renewal of the order, as the case may be.

Notice of order

(8) A provincial officer may give notice of an order under subsection (1) or (4) in the manner that he or she considers appropriate in the circumstances.

Order not effective where no notice

(9) An order under subsection (1) or (4) is not effective in any court proceeding against a person where the person satisfies the court that the person neither knew nor should have known of the order. 1998, c. 35, s. 48.

Securing of place, thing

15.7  Where an order under section 15.5 or 15.6 is in effect, a provincial officer may take measures to secure the land, place or thing to which the order relates by means of locks, gates, fences, security guards or such other means as the provincial officer deems necessary to prevent entry into the land or place or to prevent the use of, interference with, disruption of, or destruction of the thing. 1998, c. 35, s. 48.

Order by provincial officer: contraventions

16.  (1) A provincial officer may issue an order to any person that the provincial officer reasonably believes is contravening or has contravened,

Information to be included in order

(2) The order shall,

What order may require

(3) The order may require the person to whom it is directed to comply with any directions set out in the order within the time specified relating to,

Order by provincial officer re preventive measures

16.1  (1) A provincial officer who reasonably believes that it is in the public interest to do so may issue an order to any person who owns, manages or has control of a facility, including a sewage works or water works, that may discharge material into any water or watercourse that may impair the quality of water.

Information to be included in order

(2) The order shall,

What the order may require

(3) The order may require the person to whom it is directed to comply with any directions specified under subsection (4), within the time specified in the order.

Same

(4) The following directions may be specified in the order:

Where order requires report

(5) Where the order requires a person to make a report, the report shall be made to a provincial officer. 1998, c. 35, s. 49.

Order by provincial officer re sewage works or water works

16.2  (1) A provincial officer who reasonably believes that it is in the public interest to do so may issue an order to any person who owns, manages or has control of a sewage works or water works.

Information to be included in order

(2) The order shall,

What the order may require

(3) The order may require the person to whom it is directed to comply with any directions under subsection (4), within the time specified.

Same

(4) The following directions may be specified in the order:

Amendment or revocation of order

16.3  (1) An order issued under section 16, 16.1 or 16.2 may, by order, be amended or revoked by the provincial officer who issued it or by the Director.

Same

(2) A provincial officer or Director who amends or revokes an order shall give written notice of the amendment or revocation to the person to whom the order is directed. 1998, c. 35, s. 49.

Review of orders

16.4  (1) A person to whom an order under section 16, 16.1, 16.2 or 16.3 is directed may, within seven days after being served with a copy of the order, request that the Director review the order. 1998, c. 35, s. 49.

Manner of making request

(2) The request may be made orally, with written confirmation served on the Director within the time specified in subsection (1), or in writing. 1998, c. 35, s. 49.

Contents of request for review

(3) A written request for review under subsection (1) or a written confirmation of an oral request under subsection (2) shall include,

No automatic stay

(4) The request for review does not stay the order, unless the Director orders otherwise in writing. 1998, c. 35, s. 49.

Decision of Director

(5)  A Director who receives a request for review may,

Same

(6) For the purposes of subsection (5), the Director may substitute his or her own opinion for that of the provincial officer. 1998, c. 35, s. 49.

Notice of decision

(7) The Director shall serve the person requesting the review with a copy of,

Automatic confirmation of order

(8) If, within seven days of receiving a written request for review or a written confirmation of an oral request for review, the Director does not make a decision under subsection (5) and give oral or written notice of the decision to the person requesting the review, the order in respect of which the review is sought shall be deemed to have been confirmed by order of the Director. 1998, c. 35, s. 49.

Same

(9) For the purpose of an appeal to the Tribunal, a confirming order deemed to have been made by the Director under subsection (8),

Entry or inspection order

17.  (1) A justice may issue an order authorizing a provincial officer to do anything set out in subsection 15 (1) or (2) or section 15.1 if the justice is satisfied, on evidence under oath by a provincial officer, that there is reasonable ground to believe that it is appropriate for the administration of this Act or the regulations for the provincial officer to do anything set out in subsection 15 (1) or (2) or section 15.1 and that the provincial officer may not be able to effectively carry out his or her duties without an order under this section because,

Same

(2) Subsections 15 (3), (4) and (5) apply to an inspection under an order under this section.

Expiry

(3) Unless renewed, an order under this section expires on the earlier of the day specified for the purpose in the order and the day that is 30 days after the date on which the order is made.

Renewal

(4) An order under this section may be renewed in the circumstances in which an order may be made under subsection (1), before or after expiry, for one or more periods each of which is not more than 30 days.

When to be executed

(5) An order under this section shall be carried out between 6 a.m. and 9 p.m., unless the order otherwise authorizes.

Application without notice

(6) An order under this section may be issued or renewed on application without notice. 1998, c. 35, s. 50.

Samples and copies

18.  A provincial officer may detain samples and copies obtained under section 15, 15.1 or 17 for any period and for any of the purposes of this Act and the regulations. R.S.O. 1990, c. O.40, s. 18; 1998, c. 35, s. 51.

Seizure during inspection

19.  During an inspection under section 15, 15.1 or 17, a provincial officer may, without a warrant or court order, seize any thing that is produced to the provincial officer or that is in plain view, if,

Searches relating to offences

20.  (1) In this section,

Search by provincial officer re actual pollution

(2) A provincial officer may, without a search warrant, search any place other than a room actually used as a dwelling if the provincial officer has reasonable ground to believe,

Seizure during search

(3) During a search under subsection (2), a provincial officer may, without warrant or court order, seize any thing if,

(4) Repealed: 1998, c. 35, s. 53.

Detention or removal

20.1  (1) A provincial officer who seizes any thing under section 19 or 20 may remove the thing or detain it in the place where it is seized.

Receipt

(2) Where possible, a provincial officer shall inform the person from whom a thing is seized under section 19 or 20 as to the reason for the seizure and shall give the person a receipt for the thing seized. 1998, c. 35, s. 54.

Report to justice re: seizure

21.  (1) A provincial officer who seizes any thing during an inspection or search under section 19 or 20 shall bring the thing seized before a justice or, if that is not reasonably possible, shall report the seizure to a justice. 1998, c. 35, s. 55.

Procedure

(2) Sections 159 and 160 of the Provincial Offences Act apply with necessary modifications in respect of a thing seized by a provincial officer during an inspection or search under section 19 or 20. R.S.O. 1990, c. O.40, s. 21 (2).

Disposition of certain things

21.1  (1) Where the Director believes that, given the nature of a thing seized under section 19 or 20, the thing may pose a risk to human health or safety or to property, the Director may direct the person having custody of the thing, to dispose of the thing in a manner satisfactory to the Director.

Disposition of seized perishables

(2) Where the person having custody of any thing seized under section 19 or 20 believes that the thing will rot, spoil or otherwise perish, the person may dispose of the thing.

Non-application of provision

(3) Section 21 does not apply to a thing disposed of in accordance with this section.

Forfeiture

(4) A thing disposed of in accordance with this section is forfeited to the Crown. 1998, c. 35, s. 56.

Notice of disposal

21.2  (1) Where a thing has been disposed of in accordance with section 21.1, the Director shall ensure that a provincial officer gives written notice of the seizure and disposal within 15 days of the disposal,

Contents of notice

(2) Notice under subsection (1) shall include,

Forfeiture may be ordered

21.3  (1) On the application of the Director, the Superior Court of Justice may order that a thing seized under section 19 or 20 or under a warrant issued under the Provincial Offences Act in connection with the commission or suspected commission of an offence under this Act be forfeited to the Crown. 1998, c. 35, s. 56; 2001, c. 9, Sched. G, s. 6 (50).

Where no order to be made

(2) No order shall be made under subsection (1) unless the court is satisfied that,

Contents of notice

(3) Notice under subsection (2) shall include,

Disposition of things forfeited

(4) A thing forfeited under this section may be disposed of as the Director directs. 1998, c. 35, s. 56.

Relief against forfeiture

(5) A person who had an interest in a thing forfeited under section 21.1 or this section may apply to the Superior Court of Justice for relief against the forfeiture and the court may make an order providing for any relief that it considers appropriate, including, but not limited to, one or more of the following orders:

When relief not to be ordered

(6) The court shall not make an order for relief under subsection (5) in respect of a thing forfeited where the person applying for the relief,

Use of force

22.  (1) A provincial officer may use such force as is reasonably necessary,

Same

(2) For the purposes of clause (1) (a), an order issued by the Director that confirms or amends an order issued by a provincial officer is not an order issued by a provincial officer. 1998, c. 35, s. 57 (3).

Order for use of monitoring device, etc.

22.1  (1) In this section,

Order may be issued

(2) On application without notice, a justice may issue an order in writing authorizing a provincial officer, subject to this section, to use any device, investigative technique or procedure or to do any thing described in the order if the justice is satisfied by evidence under oath that there are reasonable grounds to believe that an offence against this Act has been or will be committed and that information concerning the offence will be obtained through the use of the device, technique or procedure or the doing of the thing.

Limitation

(3) An order under this section shall not authorize the interception of any private communication.

Same

(4) No device, technique or procedure shall be used to intercept any private communication under an order issued under this section.

Terms and conditions of order

(5) An order issued under this section shall contain such terms and conditions as the justice considers advisable in the circumstances.

Activities under order

(6) An order issued under this section may authorize a provincial officer,

Duration of order

(7) An order issued under this section is valid for a period of 60 days or for such shorter period as may be specified in the order.

Further orders

(8) A justice may issue further orders under subsection (2). 1998, c. 35, s. 58.

Restoration

23.  A provincial officer who makes or causes the making of an excavation in the course of his or her duties under this Act shall restore the property, so far as is reasonably possible, to the condition it was in before the excavation was made. R.S.O. 1990, c. O.40, s. 23.

Licence, etc., condition, permission to inspect

24.  It is a condition of every licence, permit or approval under this Act that the holder must forthwith on request permit provincial officers to carry out inspections authorized by section 15, 15.1 or 17 of this Act, section 156, 156.1 or 158 of the Environmental Protection Act or section 19, 19.1 or 20 of the Pesticides Act of any place, other than any room actually used as a dwelling, to which the licence, permit or approval relates. 1998, c. 35, s. 59.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 24 is amended by the Statutes of Ontario, 2002, chapter 4, subsection 65 (2) by inserting "section 13, 14 or 16 of the Nutrient Management Act, 2002" after "Environmental Protection Act". See: 2002, c. 4, ss. 65 (2), 67.

Police assistance

25.  Whenever a provincial officer is required or empowered by this Act or the regulations to do or direct the doing of anything, such provincial officer may take such steps and employ such assistance as is necessary to accomplish what is required, and may, when obstructed in so doing, call for the assistance of any member of the Ontario Provincial Police Force or the police force in the area where the assistance is required and it is the duty of every member of a police force to render such assistance. 1998, c. 35, s. 60.

Application of Ministry of Government Services Act

26.  The Ministry of Government Services Act does not apply to real or personal property of the Agency acquired for the purpose of a project or for the provision of water or sewage service by the Agency as defined in section 74. R.S.O. 1990, c. O.40, s. 26; 1993, c. 23, s. 73 (15).

Instruments creating rights analogous to easements

27.  (1) A right or interest in, over, above, upon, across, along, through, under or affecting any land or any covenant or condition relating thereto, in respect of water or sewage works, in favour of the Crown, the Agency or any municipality having a contract with the Crown or the Agency in respect of water or sewage works is valid and enforceable in accordance with the terms of the instrument granting, creating or containing them, although the right or interest or the benefit of the covenant or condition is not appurtenant or annexed to or for the benefit of any land of the Crown, the Agency or the municipality. R.S.O. 1990, c. O.40, s. 27 (1); 1993, c. 23, s. 73 (16).

Terms of instrument binding on successors

(2) On and after the registration of an instrument to which subsection (1) applies in the proper land registry office, all the rights, interests, covenants and conditions granted or created by or contained in the instrument are binding upon and enure to the benefit of the heirs, successors, personal representatives and assigns of the parties to the instrument. R.S.O. 1990, c. O.40, s. 27 (2).

Liability of grantor for breach of covenant limited

(3) A party to an instrument to which subsection (1) applies or a person to whom subsection (2) applies is not liable for breach of a covenant or condition contained in the instrument committed after the person ceased to be the owner of the land therein mentioned, or after the person ceased to hold the interest in the land by virtue of which the person or the person's predecessor in title executed the instrument. R.S.O. 1990, c. O.40, s. 27 (3).

Land to remain subject to instrument when sold for taxes

(4) Where the land mentioned in an instrument to which subsection (1) applies is sold for taxes, the land shall be deemed to have been sold subject to any right or interest granted or created by and any condition or covenant contained in the instrument. R.S.O. 1990, c. O.40, s. 27 (4).

Application

(5) This section applies to rights, interests, covenants and conditions granted or created by or contained in any instrument of the type mentioned in subsection (1), executed after the 28th day of March, 1956. R.S.O. 1990, c. O.40, s. 27 (5).

Water

Where quality of water deemed to be impaired

28.  For the purposes of this Act, the quality of water shall be deemed to be impaired if, although the quality of the water is not or may not become impaired, the material discharged or caused or permitted to be discharged or any derivative of such material causes or may cause injury to any person, animal, bird or other living thing as a result of the use or consumption of any plant, fish or other living matter or thing in the water or in the soil in contact with the water. R.S.O. 1990, c. O.40, s. 28; 1998, c. 35, s. 61; 2000, c. 22, s. 2 (2).

Supervision of waters

29.  (1) For the purposes of this Act, the Minister has the supervision of all surface waters and ground waters in Ontario. R.S.O. 1990, c. O.40, s. 29 (1).

Examination for pollution

(2) The Minister may examine any surface waters or ground waters in Ontario from time to time to determine what, if any, pollution exists and the causes thereof. R.S.O. 1990, c. O.40, s. 29 (2).

Injunction to prevent pollution of water

(3) Where any person is discharging or causing or permitting the discharge of any material of any kind into or in or near any waters that, in the opinion of the Minister, may impair the quality of the water in such waters, the Minister may apply without notice to the Superior Court of Justice for an order prohibiting such discharge for such period not exceeding twenty-one days and on such terms and conditions as a judge considers proper, and such order may, on application to the Court, be continued for such period and on such terms and conditions as a judge considers proper. R.S.O. 1990, c. O.40, s. 29 (3); 2001, c. 9, Sched. G, s. 6 (50).

Discharge of polluting material prohibited

30.  (1) Every person that discharges or causes or permits the discharge of any material of any kind into or in any waters or on any shore or bank thereof or into or in any place that may impair the quality of the water of any waters is guilty of an offence.

Minister to be notified when polluting material is discharged or escapes

(2) Every person that discharges or causes or permits the discharge of any material of any kind, and such discharge is not in the normal course of events, or from whose control material of any kind escapes into or in any waters or on any shore or bank thereof or into or in any place that may impair the quality of the water of any waters, shall forthwith notify the Minister of the discharge or escape, as the case may be. R.S.O. 1990, c. O.40, s. 30.

Prohibiting or regulating discharge of sewage

31.  A Director may by order prohibit or regulate the discharge by any person of sewage into or in any waters, and such order may be amended, varied or revoked by the Director as the Director considers desirable. R.S.O. 1990, c. O.40, s. 31.

Measures to alleviate effects of impairment of quality of water

32.  Where, in the opinion of a Director, it is in the public interest to do so, the Director, by order, may require a person who owns, manages or has control of a sewage works, water works or other facility which may discharge material into a water or watercourse that may impair the quality of the water, to do any one or more of the following:

Area defined for protection of public water supply

33.  (1) An area may be defined by a Director that includes a source of public water supply,

and thereupon the person who has a right to use the water from such source for the purpose of a public water supply shall give notice of the area so defined by publication, posting or otherwise as the Director considers necessary for the protection of the source of public water supply.

Offences

(2) Every person,

is guilty of an offence.

Exception

(3) Subsection (2) does not apply where the act or the taking of water that may unduly diminish the amount of water available as a public water supply within an area defined under subsection (1) was commenced before the notice of the area is given as required under subsection (1). R.S.O. 1990, c. O.40, s. 33.

Taking of water

Interpretation

34.  (1) In this section, reference to the taking of water for use for domestic or farm purposes means the taking of water by any person other than a municipality or a company public utility for ordinary household purposes or for the watering of livestock, poultry, home gardens or lawns, but does not include the watering or irrigation of crops grown for sale.

Idem

(2) In subsection (4), the reference to the taking of water for the watering of livestock or poultry does not include the taking of surface water into storage for the watering of livestock or poultry.

Taking of water regulated

(3) Despite any general or special Act or any regulation or order made thereunder and subject to subsection (5), no person shall take more than a total of 50,000 litres of water in a day,

without a permit issued by a Director.

Where taking of water interferes with other person's interest in water

(4) Despite any general or special Act or any regulation or order made thereunder, where the taking of water for any purpose, other than the taking of water by any person except a municipality or company public utility for use for ordinary household purposes or for the watering of livestock or poultry and other than the taking of water by any person for firefighting, interferes, in the opinion of a Director, with any public or private interest in any water, the Director may, by notice served on or sent by registered mail to the person who is taking or is responsible for the taking of water that so interferes, prohibit the person from so taking water without a permit issued by the Director.

Application to domestic and farm use

(5) Subsection (3) does not apply to the taking of water by any person for use for domestic or farm purposes or for firefighting.

Permit

(6) A Director may in his or her discretion issue, refuse to issue or cancel a permit, may impose such terms and conditions in issuing a permit as he or she considers proper and may alter the terms and conditions of a permit after it is issued.

Flowing or leaking of water from well, etc., regulated

(7) Where the flowing or leaking of water from a well, or the diversion, flowing or release of water from or by means of a hole or excavation made in the ground for any purpose other than the taking of water, interferes, in the opinion of a Director, with any public or private interest in any water, the Director may, by notice served on or sent to the person who constructed or made such well, hole or excavation or to the registered owner of the land in which such well, hole or excavation is located, require the person or owner to stop or regulate such flowing, leaking, diversion or release of water in such manner and within such time as the Director may direct, or require such person or owner to take such measures in relation to such flowing, leaking, diversion or release of water as the notice may require.

Offences

(8) Every person who contravenes,

is guilty of an offence. R.S.O. 1990, c. O.40, s. 34.

Wells

Interpretation re: wells, ss. 35-50, 75 (2)

35.  (1) In this section and in sections 36 to 50 and subsection 75 (2),

Interpretation: works or equipment

(2) For the purposes of this section, sections 36 to 50 and subsection 75 (2), installing equipment in or connected to a well shall be deemed to be the constructing of a well. R.S.O. 1990, c. O.40, s. 35 (2); 2001, c. 9, Sched. G, s. 6 (9).

Permit required to construct well in designated area

36.  No person shall construct a well in an area designated by the regulations except under and in accordance with a well construction permit issued by a Director. R.S.O. 1990, c. O.40, s. 36.

Issuance of well construction permit

37.  Subject to section 38, any person who applies in accordance with this Act and the regulations for a well construction permit and who pays the prescribed fee is entitled to be issued the permit. R.S.O. 1990, c. O.40, s. 37.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 37 is amended by the Statutes of Ontario, 2001, chapter 9, Schedule G, subsection 6 (10) by striking out "the prescribed fee" and substituting "the required fee". See: 2001, c. 9, Sched. G, ss. 6 (10), 8 (4).

Grounds for refusal to issue, etc., well construction permit

38.  A Director may refuse to issue or to renew or may revoke a well construction permit, may impose terms and conditions in issuing or renewing or after issuing or renewing a well construction permit and may alter the terms and conditions of a well construction permit that has been issued or renewed where the Director is of the opinion, upon reasonable and probable grounds, that,

Well contractor licence required

39.  No person shall engage in the business of constructing wells except under and in accordance with a well contractor licence issued by a Director or unless exempt under the regulations. R.S.O. 1990, c. O.40, s. 39.

Issuance of well contractor licence

40.  Subject to sections 41 and 42, a Director shall issue a well contractor licence to any applicant therefor who is qualified for the licence under sections 35 to 50 and the regulations and has paid the prescribed fee. R.S.O. 1990, c. O.40, s. 40; 2001, c. 9, Sched. G, s. 6 (11).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 40 is amended by the Statutes of Ontario, 2001, chapter 9, Schedule G, subsection 6 (12) by striking out "the prescribed fee" at the end and substituting "the required fee". See: 2001, c. 9, Sched. G, ss. 6 (12), 8 (4).

Grounds for refusal to issue well contractor licence

41.  A Director may refuse to issue a well contractor licence where the Director is of the opinion, upon reasonable and probable grounds, that,

Grounds for revocation, etc., of well contractor licence

42.  A Director may revoke or suspend or may refuse to renew a well contractor licence where the Director is of the opinion, upon reasonable and probable grounds, that,

Well technician

43.  (1) No person shall work at the construction of wells except under and in accordance with a well technician licence of a class prescribed by the regulations or unless exempt under the regulations. R.S.O. 1990, c. O.40, s. 43 (1); 2001, c. 9, Sched. G, s. 6 (16).

Proof of employment

(2) For the purposes of this section, proof of work on one occasion at the construction of a well is sufficient to establish work at the construction of wells. R.S.O. 1990, c. O.40, s. 43 (2).

Exception

(3) Subsection (1) does not apply,

Issuance of well technician licence

44.  Subject to sections 45 and 46, a Director shall issue a well technician licence of a class prescribed by the regulations to any applicant therefor who is qualified for the licence under sections 35 to 50 and the regulations and has paid the prescribed fee. R.S.O. 1990, c. O.40, s. 44; 2001, c. 9, Sched. G, s. 6 (17).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 44 is amended by the Statutes of Ontario, 2001, chapter 9, Schedule G, subsection 6 (18) by striking out "the prescribed fee" at the end and substituting "the required fee". See: 2001, c. 9, Sched. G, ss. 6 (18), 8 (4).

Grounds for refusal to issue well technician licence

45.  A Director may refuse to issue a well technician licence where the Director is of the opinion, upon reasonable and probable grounds, that the applicant is not competent to carry on the activities that would be authorized by the licence. R.S.O. 1990, c. O.40, s. 45.

Grounds for refusal to renew, etc., well technician licence

46.  A Director may revoke or suspend or may refuse to renew a well technician licence where the Director is of the opinion, upon reasonable and probable grounds, that,

Review, refusal to issue, etc., well permit or licences

Notice of proposal to refuse to issue, etc.

47.  (1) Where a Director proposes,

the Director shall serve notice of the proposal, together with written reasons therefor, on the applicant, permittee or licensee, and the applicant, permittee or licensee may, by written notice served upon the Director and the Tribunal within fifteen days after the service of the notice of the Director, require a hearing by the Tribunal. R.S.O. 1990, c. O.40, s. 47 (1); 2000, c. 26, Sched. F, s. 13 (13).

Powers of Tribunal where hearing

(2) Where an applicant, permittee or licensee requires a hearing by the Tribunal in accordance with subsection (1), the Tribunal shall appoint a time and place for and hold the hearing and may by order direct the Director to carry out the proposal or refrain from carrying out the proposal and to take such action as the Tribunal considers the Director ought to take in accordance with sections 35 to 50 and the regulations, and for such purposes the Tribunal may substitute its opinion for that of the Director. R.S.O. 1990, c. O.40, s. 47 (2); 2000, c. 26, Sched. F, s. 13 (13); 2001, c. 9, Sched. G, s. 6 (20).

Parties

(3) The applicant, permittee or licensee, the Director and any other persons specified by the Tribunal are parties to the hearing. R.S.O. 1990, c. O.40, s. 47 (3); 2000, c. 26, Sched. F, s. 13 (13).

Extension of time for requiring hearing

(4) The Tribunal shall extend the time for the giving of notice requiring a hearing by an applicant, permittee or licensee referred to in subsection (1), either before or after the expiration of such time, where it is satisfied that there are reasonable grounds for granting the extension and that there are apparent grounds for granting relief to the applicant, permittee or licensee referred to in subsection (1), and the Tribunal may give such directions as it considers proper consequent upon the extension. R.S.O. 1990, c. O.40, s. 47 (4); 2000, c. 26, Sched. F, s. 13 (13).

Notice of hearing

(5) The Tribunal shall give to the applicant, permittee or licensee a reasonable opportunity to show or to achieve compliance before the hearing with all lawful requirements for the issue or retention of the permit or licence or to take such action as will preclude the necessity for imposing or altering terms or conditions in the permit. R.S.O. 1990, c. O.40, s. 47 (5); 1994, c. 27, s. 116; 2000, c. 26, Sched. F, s. 13 (13).

Examination of documentary evidence

(6) An applicant, permittee or licensee who is a party to proceedings under this section shall be afforded an opportunity to examine before the hearing any written or documentary evidence that will be produced or any report the contents of which will be given in evidence at the hearing. R.S.O. 1990, c. O.40, s. 47 (6).

(7) Repealed: 1997, c. 37, s. 4.

Findings of fact

(8) The findings of fact of the Tribunal pursuant to a hearing shall be based exclusively on evidence admissible or matters that may be noticed under sections 15 and 16 of the Statutory Powers Procedure Act. R.S.O. 1990, c. O.40, s. 47 (8); 2000, c. 26, Sched. F, s. 13 (13).

Release of documentary evidence

(9) Documents and things put in evidence at the hearing shall, upon the request of the person who produced them, be released to the person by the Tribunal within a reasonable time after the matter in issue has been finally determined. R.S.O. 1990, c. O.40, s. 47 (9); 2000, c. 26, Sched. F, s. 13 (13).

Appeal to court

(10) Any party to proceedings before the Tribunal under this section may appeal from its decision on a question of law to the Divisional Court in accordance with the rules of court. R.S.O. 1990, c. O.40, s. 47 (10); 2000, c. 26, Sched. F, s. 13 (13).

(11) Repealed: 1997, c. 37, s. 4.

Appeal to Minister

(12) Any party to a hearing before the Tribunal, within thirty days after receipt of the decision of the Tribunal or within thirty days after final disposition of an appeal, if any, under subsection (10), may appeal in writing to the Minister on any matter other than a question of law and the Minister shall confirm, alter or revoke the decision of the Tribunal as to the matter in appeal as he or she considers in the public interest. R.S.O. 1990, c. O.40, s. 47 (12); 2000, c. 26, Sched. F, s. 13 (13).

Power of Director where no hearing

(13) Where an applicant, permittee or licensee does not require a hearing by the Tribunal under this section, the Director may carry out the proposal stated in the notice under subsection (1). R.S.O. 1990, c. O.40, s. 47 (13); 2000, c. 26, Sched. F, s. 13 (13).

Where hearing required

(14) Where a hearing by the Tribunal is required under this section, the Director, subject to section 48, shall not carry out the proposal until final disposition of the hearing and any appeal. R.S.O. 1990, c. O.40, s. 47 (14); 2000, c. 26, Sched. F, s. 13 (13).

Interim order, refusal to issue, etc., well permit or licences

48.  (1) Upon application by the Director and subject to subsection (4), the Tribunal may order that a proposal under section 47 may be carried out at once although a hearing is or may be required under that section or that the applicant, permittee or licensee fails to appear on the hearing of the application or the Tribunal may make a decision not to make such an order. R.S.O. 1990, c. O.40, s. 48 (1); 2000, c. 26, Sched. F, s. 13 (13).

Notice

(2) An application under subsection (1) must be made on not less than three full days notice to the applicant, permittee or licensee. R.S.O. 1990, c. O.40, s. 48 (2).

Appearance by respondent

(3) The respondent to an application under subsection (1) may appear in person or by an agent at the hearing of the application or may make submissions to the Tribunal by telephone or other means for consideration at the hearing. R.S.O. 1990, c. O.40, s. 48 (3); 2000, c. 26, Sched. F, s. 13 (13).

Grounds for order

(4) The Tribunal may make an order under subsection (1) only where the Tribunal is satisfied that the order is necessary for the protection of the public or of any member of the public. R.S.O. 1990, c. O.40, s. 48 (4); 2000, c. 26, Sched. F, s. 13 (13).

Order may be subject to conditions

(5) An order or a decision under subsection (1) may be made subject to such conditions as the Tribunal considers appropriate. R.S.O. 1990, c. O.40, s. 48 (5); 2000, c. 26, Sched. F, s. 13 (13).

When order terminates

(6) An order under subsection (1) and a proposal carried out in accordance with the order are effective until final disposition of the hearing and any appeal. R.S.O. 1990, c. O.40, s. 48 (6).

Expiry of well permit or licences

49.  (1) Every well construction permit, every well contractor licence and every well technician licence expires on the 31st day of March in the year next following the year of its issue or renewal. R.S.O. 1990, c. O.40, s. 49 (1).

Continuation of licence pending renewal

(2) Where a licensee has applied for a renewal of his, her or its licence and paid the prescribed fee before expiry of the licence, the licence shall be deemed to continue,

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is amended by the Statutes of Ontario, 2001, chapter 9, Schedule G, subsection 6 (21) by striking out "the prescribed fee" and substituting "the required fee". See: 2001, c. 9, Sched. G, ss. 6 (21), 8 (4).

Application of s. 48 (1)

(3) Subsection (2) does not apply where an order is made under subsection 48 (1). R.S.O. 1990, c. O.40, s. 49 (3).

Transfer of well permit or licences

50.  A well construction permit, well contractor licence or well technician licence is not transferable. R.S.O. 1990, c. O.40, s. 50.

51.  Repealed: 2001, c. 9, Sched. G, s. 6 (22).

Water Works

Approval of Director for water works

52.  (1) No person shall establish, alter, extend or replace new or existing water works except under and in accordance with an approval granted by a Director. R.S.O. 1990, c. O.40, s. 52 (1).

Director may require information

(2) The Director may require an applicant for an approval under subsection (1) to submit plans, specifications, engineer's report and other information and to carry out and report on tests or experiments relating to the water supply or the work to be undertaken and, subject to subsection (4), the Director may grant the approval. R.S.O. 1990, c. O.40, s. 52 (2).

Powers of Director, where water works undertaken without approval

(3) Where any person undertakes or proceeds with the establishment of any water works, or the extension of or change in any existing water works, without having first obtained the approval of a Director, a Director may order the person or the person's successor or assignee to afford at their own expense such facilities as the Director considers necessary for the investigation of the works and the source of water supply and may direct such changes to be made in the source of water supply and in the works as the Director considers necessary, and any changes directed by the Director to be made in the works shall be carried out by the person or the person's successor or assignee at their own expense. R.S.O. 1990, c. O.40, s. 52 (3).

Approval may be subject to conditions, etc.

(4) If, in the opinion of a Director, it is in the public interest to do so, the Director may,

Returns from water works

(5) The owner of water works shall make returns to a Director of the matters and within the time specified by the Director in a direction to the owner. R.S.O. 1990, c. O.40, s. 52 (5).

Water works to be kept in repair

(6) Water works shall at all times be maintained, kept in repair and operated in such manner and with such facilities as may be directed from time to time by a Director. R.S.O. 1990, c. O.40, s. 52 (6).

No use or operation without approval

(7) No person shall use or operate water works for which an approval is required under subsection (1) unless the required approval has been granted and complied with. R.S.O. 1990, c. O.40, s. 52 (7).

Exception

(8) Subsections (1) and (3) do not apply,

Sewage Works

Approval of Director for sewage works

53.  (1) No person shall establish, alter, extend or replace new or existing sewage works except under and in accordance with an approval granted by a Director. R.S.O. 1990, c. O.40, s. 53 (1).

Director may require information

(2) A Director may require an applicant for an approval under subsection (1) to submit plans, specifications, engineer's report and other information and to carry out and report on tests or experiments relating to the location of the discharge of effluent or the work to be undertaken and, subject to subsection (4), the Director may grant the approval. R.S.O. 1990, c. O.40, s. 53 (2).

Powers of Director, where sewage works undertaken without approval

(3) Where any person undertakes or proceeds with the establishment of any sewage works, or the extension of or any change in any existing sewage works, without having first obtained the approval of a Director, a Director may order the person or the person's successor or assignee to afford at their own expense such facilities as the Director considers necessary for the investigation of the works and the location of the discharge of effluent and may direct such changes to be made in the location of the discharge of effluent and in the works as the Director considers necessary, and any changes directed by the Director to be made in the works shall be carried out by the person or the person's successor or assignee at their own expense. R.S.O. 1990, c. O.40, s. 53 (3).

Certificate of approval may be subject to conditions, etc.

(4) If, in the opinion of a Director, it is in the public interest to do so, the Director may, subject to subsections 54 (1) and 55 (1),

No use or operation without approval

(5) No person shall use or operate sewage works for which an approval is required under subsection (1) unless the required approval has been granted and complied with. R.S.O. 1990, c. O.40, s. 53 (5).

Exception

(6) This section does not apply,

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (e) is amended by the Statutes of Ontario, 2002, chapter 33, section 146 by striking out "Cemeteries Act" and substituting "Funeral, Burial and Cremation Services Act, 2002". See: 2002, c. 33, ss. 146, 154.

but this section does apply to a sewage works for the distribution of sewage on the surface of the ground for the purpose of disposing of the sewage. R.S.O. 1990, c. O.40, s. 53 (6); 1997, c. 7, s. 6; 1997, c. 30, Sched. B, s. 24 (1); 2001, c. 9, Sched. G, s. 6 (25).

Application

(6.1) This section does apply to sewage works described in clause (6) (a) if,

Deemed approval

(7) Every sewage works constructed, extended or altered by the Crown or by the former Ontario Water Resources Commission before the 1st day of July, 1987 or that is under construction, extension or alteration by the Crown on the 30th day of June, 1987 shall be deemed to be constructed, extended or altered in accordance with an approval under this section. R.S.O. 1990, c. O.40, s. 53 (7).

Continuation, sewage works

53.1  (1) If, except for the operation of Part VIII of the Environmental Protection Act, a works would have been a sewage works under this Act, upon the repeal of Part VIII of that Act, the works are continued as sewage works under this Act if,

Same

(2) If, except for the operation of Part VIII of the Environmental Protection Act, a works would have been a sewage works under this Act, upon the repeal of Part VIII of that Act the works are continued as sewage works under this Act if,

Continuation for limited purpose

(3) Part VIII of the Environmental Protection Act shall be deemed to continue in force for the purpose of clause (2) (b) for a period of one year after its repeal and if no permit is issued within that period, the certificate of approval is cancelled.

Transfer

(4) A certificate of approval and permit under clause (1) (a) or subsection (2) and a permit under clause (1) (b) continue in force as if they were an approval under section 53, with such changes as necessary.

Continuation, orders

(5) An order issued and continuing in force under section 79 of the Environmental Protection Act in respect of a sewage system which except for the operation of Part VIII of the Environmental Protection Act would have been a sewage works under this Act is, upon the repeal of Part VIII of that Act, continued as an order under section 53 of this Act, with such changes as necessary.

Matters in progress

(6) The following matters commenced under Part VIII of the Environmental Protection Act are, upon the repeal of Part VIII, continued under this Act:

Records

(7) If an agreement under section 81 of the Environmental Protection Act was in force immediately before the repeal of Part VIII of that Act, the party which was administering Part VIII under the agreement shall,

Deemed official document

(8) A record, certified copy of a record or a certificate delivered under clause (7) (b) or (c) that is or relates to an approval, certificate, consent, licence, notice, permit, order or return under Part VIII of the Environmental Protection Act shall be deemed to be an official document signed by an employee in the Ministry for the purpose of section 115.

Same

(9) A certificate delivered under clause (7) (d) or (e) shall be deemed to be an official document signed by an employee in the Ministry for the purpose of section 115.

References

(10) The references to sections 77, 78, 79 and 81 of the Environmental Protection Act are references to those provisions as they read immediately before the repeal of Part VIII of the Environmental Protection Act under Schedule B of the Services Improvement Act, 1997.

Regulations

(11) The Lieutenant Governor in Council may make regulations prescribing transitional matters necessary to deal with issues arising out of the repeal of Part VIII of the Environmental Protection Act, which regulations may be general or specific in their application and may be retroactive to the date this section comes into force.

Sewage works

(12) A regulation under subsection (11) may specify any works as sewage works for the purpose of any section of this Act or regulations made under this Act.

Non-application

(13) This section does not apply to sewage works which are exempt from approval by virtue of the operation of subsections 53 (6) and (6.1).

Limitation

(14) This section applies only to sewage systems which, except for the operation of Part VIII of the Environmental Protection Act, would have been sewage works under this Act and to matters and documents related to such sewage systems. 1997, c. 30, Sched. B, s. 25.

Sewage works established or extended in or into another municipality

54.  (1) Before taking any action under subsection 53 (4) with respect to a sewage works established or extended or to be established or extended by a municipality in or into another municipality or territory without municipal organization, a Director shall, by a notice in writing, require the Tribunal to hold a hearing. R.S.O. 1990, c. O.40, s. 54 (1); 2000, c. 26, Sched. F, s. 13 (8).

Notice of hearing

(2) The Tribunal shall give at least fifteen days notice of the hearing to the clerk of the municipality in or into which the sewage works are being or have been established or extended and to clerks of such other municipalities and to such other persons and in such manner as the Tribunal considers appropriate. R.S.O. 1990, c. O.40, s. 54 (2); 2000, c. 26, Sched. F, s. 13 (8).

Contents of notice

(3) The notice of hearing shall state that a hearing is not required to be held if no objections are made in accordance with subsection 8 (1). R.S.O. 1990, c. O.40, s. 54 (3).

Powers of municipality after approval

(4) Where a Director has given his or her approval under section 53 to an establishment or extension under subsection (1), the municipality undertaking the establishment or extension may enter upon, take and use such lands in such other municipality or municipalities or territory without municipal organization as may be necessary, and for that purpose has the same powers within such municipality or municipalities or territory as it has within its own municipality. R.S.O. 1990, c. O.40, s. 54 (4); 2002, c. 17, Sched. F, Table.

Application to Board

(5) Where a Director has given his or her approval under section 53 to an establishment or extension under subsection (1), the municipality undertaking the establishment or extension, before proceeding therewith, may apply to the Board for an order,

and notice of the application shall be given to the clerk of the municipality in or into which the sewage works are being established or extended and to the clerks of such other municipalities and to such other persons and in such manner as the Board may direct. R.S.O. 1990, c. O.40, s. 54 (5).

Registration of order

(6) The registration of an order under clause (5) (b) is a bar to any action or proceeding taken by any person claiming any right or benefit under or by reason of any such restrictions, covenants, interests, estate or title in the lands described in the order. R.S.O. 1990, c. O.40, s. 54 (6).

Agreements as to use

(7) Where sewage works of a municipality are established or extended in or into another municipality, the municipality in or into which the sewage works are established or extended may make an agreement with the owner of the sewage works for the connecting with and the use of the sewage works. R.S.O. 1990, c. O.40, s. 54 (7).

Application by municipality

(8) Where a municipality in or into which sewage works are established or extended is unable to make an agreement under subsection (7), the Board, upon an application authorized by by-law of its council, may confer the right to make use of the sewage works upon the applicant municipality and the inhabitants thereof whose properties may be conveniently served by the sewage works, and prescribe the terms and conditions of such use. R.S.O. 1990, c. O.40, s. 54 (8).

Municipality may collect as taxes amounts agreed or ordered to be paid

(9) Where an agreement is made under subsection (7) or an order is made under subsection (8), the municipality in or into which the sewage works are established or extended may assess, levy and collect as taxes the amounts to be paid under the agreement or order in the same manner and to the same extent as if the municipality itself were proposing to construct, were constructing or had constructed the works or were operating and maintaining the works. R.S.O. 1990, c. O.40, s. 54 (9).

Application of subs. (1) to person

(10) Subsection (1) applies with necessary modifications to a person who contemplates extending their sewage works from one municipality into another municipality or into territory without municipal organization. R.S.O. 1990, c. O.40, s. 54 (10).

Application to Board

(11) Where a Director has given his or her approval under section 53 to an extension by a person, other than a municipality, of their sewage works from one municipality into another municipality or into territory without municipal organization, the Board may, on application made by the person undertaking the extension, order the amendment of any by-law for prohibiting or regulating the use of land or structures for dumping or disposing of garbage, refuse or domestic or industrial waste passed under the Municipal Act, 2001 or a predecessor of that Act or any by-law passed under section 34 of the Planning Act or any official plan to permit the use of the land for extension. R.S.O. 1990, c. O.40, s. 54 (11); 2002, c. 17, Sched. F, Table.

Powers of Board

(12) The Board, as a condition of making an order under subsection (11), may impose such restrictions, limitations and conditions respecting the use of land for the extension of the sewage works, not inconsistent with the terms and conditions of the approval of a Director given under section 53, as to the Board may appear necessary or expedient. R.S.O. 1990, c. O.40, s. 54 (12).

Sewage works established or extended within a municipality

55.  (1) Before taking any action under subsection 53 (4) with respect to a sewage works established or extended or to be established or extended by a person within a single municipality, a Director may, by a notice in writing, require the Tribunal to hold a hearing. R.S.O. 1990, c. O.40, s. 55 (1); 2000, c. 26, Sched. F, s. 13 (9).

Notice of hearing

(2) Where a hearing is to be held, the Tribunal shall give at least fifteen days notice of the hearing to the clerk of the municipality and to such other persons and in such manner as the Tribunal considers appropriate. R.S.O. 1990, c. O.40, s. 55 (2); 2000, c. 26, Sched. F, s. 13 (9).

Contents of notice

(3) The notice of hearing shall state that a hearing is not required to be held if no objections are made in accordance with subsection 8 (1). R.S.O. 1990, c. O.40, s. 55 (3).

Application to Board

(4) Where a Director has given his or her approval under section 53 to an establishment or extension by a person, other than a municipality, of sewage treatment works within a municipality the Board may, on application by the person undertaking the establishment or extension, order the amendment of any by-law for prohibiting or regulating the use of land or structures for dumping or disposing of garbage, refuse or domestic or industrial waste passed under the Municipal Act, 2001 or a predecessor of that Act or any by-law passed under section 34 of the Planning Act or any official plan to permit the use of land for the establishment or extension. R.S.O. 1990, c. O.40, s. 55 (4); 2002, c. 17, Sched. F, Table.

Powers of Board

(5) The Board, as a condition of making an order under subsection (4), may impose such restrictions, limitations and conditions respecting the use of land for the establishment or extension of the sewage treatment works not inconsistent with the terms and conditions of the approval of a Director given under section 53, as to the Board may appear necessary or expedient. R.S.O. 1990, c. O.40, s. 55 (5).

Application of ss. 54 (11) and (12), 55 (4) and (5) to municipality

56.  Subsections 54 (11) and (12) and subsections 55 (4) and (5) apply with necessary modifications to a municipality that has obtained the approval of a Director to the establishment or extension of its sewage works or to the establishment or extension of sewage treatment works. R.S.O. 1990, c. O.40, s. 56.

Powers of Board, review of municipal sewage works

57.  The Board may inquire into, hear and determine any application by or on behalf of any person complaining that any municipality constructing, maintaining or operating sewage works or having the control thereof,

and that the same is causing deterioration, loss, injury or damage to property, and the Board may make any order, award or finding in respect of any such complaint as it considers just. R.S.O. 1990, c. O.40, s. 57; 2001, c. 9, Sched. G, s. 6 (26).

Right to compensation, effect of sewage works, etc.

58.  Where land is expropriated by a municipality for sewage works or is injuriously affected by the construction, maintenance or operation of sewage works by a municipality, the Expropriations Act applies. R.S.O. 1990, c. O.40, s. 58.

Construction or operation of approved sewage works by statutory authority

59.  Sewage works that are being or have been constructed, maintained or operated in compliance with this Act, the Environmental Protection Act and the regulations under both Acts and with any order, direction or approval issued under the authority of this Act or any predecessor of any provision of this Act shall be deemed to be under construction, constructed, maintained or operated by statutory authority. R.S.O. 1990, c. O.40, s. 59.

Returns from sewage works

60.  The owner of sewage works shall make returns to a Director on the matters and within the time specified by the Director in a direction to the owner. R.S.O. 1990, c. O.40, s. 60.

Sewage works to be kept in repair

61.  Sewage works shall at all times be maintained, kept in repair and operated in such manner and with such facilities as may be directed from time to time by a Director. R.S.O. 1990, c. O.40, s. 61.

Report by Director, water or sewage works

62.  (1) Where a Director reports in writing to the clerk of a municipality that he or she is of the opinion that it is necessary in the public interest that water works or sewage works or any part thereof be established, maintained, operated, improved, extended, enlarged, altered, repaired or replaced, the municipality shall forthwith do every act and thing in its power to implement the report of the Director. R.S.O. 1990, c. O.40, s. 62 (1); 2001, c. 9, Sched. G, s. 6 (27).

Implementation of report

(2) If the municipality fails to do everything in its power to implement the report forthwith after receiving it, and the time for taking an appeal has passed or there has been a final disposition of an appeal confirming or altering the report, the Director, with the approval of the Board, may direct that whatever is necessary to implement the report or the report as confirmed or altered be done at the expense of the municipality, and may arrange for the Agency to do it. 1993, c. 23, s. 73 (17).

Recovery of expense

(3) The Minister or the Agency may recover the expense incurred in implementing the report, with costs, by action in a court of competent jurisdiction, as a debt due to the Crown or the Agency, as the case may be, by the municipality. 1993, c. 23, s. 73 (17).

Projects

Application for water or sewage works

63.  (1) Any one or more municipalities may apply to the Agency for the provision of and operation by the Agency of water works or sewage works for the municipality or municipalities. R.S.O. 1990, c. O.40, s. 63 (1); 1993, c. 23, s. 73 (18).

Duty of Agency

(2) The Agency may thereupon furnish to such municipality or municipalities,

Power to make agreement

(3) The council of any municipality may by by-law authorize the municipality to enter into such an agreement with the Agency, and the Agency may enter into any such agreement with any municipality or municipalities and, when such an agreement has been entered into, the parties thereto have all such powers as may be necessary to carry out the provisions thereof or of any undertaking given pursuant thereto. R.S.O. 1990, c. O.40, s. 63 (3); 1993, c. 23, s. 73 (19).

(4) Repealed: 2001, c. 9, Sched. G, s. 6 (28).

Agency to act for municipality for approval of Board

(5) Where a municipality that proposes to enter into an agreement with the Agency is required to obtain the approval of the Board with respect to any aspect of the proposed project, the application for such approval shall be made by the Agency on behalf of the municipality. R.S.O. 1990, c. O.40, s. 63 (5); 1993, c. 23, s. 73 (20).

Term of agreement

(6) Despite any other Act, every such agreement remains in force for such period as it may prescribe and in any event until all obligations to the Agency of the municipality or municipalities party or parties to the agreement have been fulfilled to the satisfaction of the Agency. R.S.O. 1990, c. O.40, s. 63 (6); 1993, c. 23, s. 73 (20).

Agreement binding on local board

(7) Where a municipality has entered into an agreement with the Agency under this section, the agreement is binding on any commission or local board having the control and management of water works or sewage works, as the case may be, in the municipality. R.S.O. 1990, c. O.40, s. 63 (7); 1993, c. 23, s. 73 (20).

Form of agreement

(8) Any agreement under this section may be evidenced by one or more documents. R.S.O. 1990, c. O.40, s. 63 (8).

Payments by municipalities to Agency under s. 63 agreements

64.  (1) Every municipality that has entered into an agreement with the Crown under section 63 before the 1st day of April, 1974 shall pay to the Agency the following sums or, where such agreement is with more than one municipality, or where the project requires more than one agreement at least one of which is with a municipality, its share as adjusted by the Agency, of the following sums:

Interest and expenses of debt service

(2) In respect of agreements under section 63 entered into after the 31st day of December, 1965 and before the 1st day of April, 1974, the interest and expenses of debt service that would be payable by the Commission referred to in subparagraph 1. i. of subsection (1) shall, in each year during the currency of the agreement, be the amount calculated by applying the average rate of such interest and expenses as would have been payable to the Minister of Finance in respect of the project. R.S.O. 1990, c. O.40, s. 64 (2); 2001, c. 9, Sched. G, s. 6 (29).

Annual adjustment of payments

(3) The Agency shall annually adjust and apportion among the respective municipalities the sums payable to the Agency by such municipalities under subsection (1). R.S.O. 1990, c. O.40, s. 64 (3); 1993, c. 23, s. 73 (21).

Settlement of disputes

(4) In the event of any dispute arising as to the adjustment or apportionment of any sums payable to the Agency by the respective municipalities under subsection (1), such dispute shall be referred to a sole arbitrator to be appointed by the Lieutenant Governor in Council, and the award of the arbitrator is final and binding on the Agency and the municipality or municipalities concerned. R.S.O. 1990, c. O.40, s. 64 (4); 1993, c. 23, s. 73 (21).

Costs

(5) The services of the arbitrator shall be paid in such amount as may be directed by the Lieutenant Governor in Council and the whole costs of such arbitration shall be paid as directed by the arbitrator in the award. R.S.O. 1990, c. O.40, s. 64 (5).

Procedure

(6) Except as otherwise provided in this section, the Municipal Arbitrations Act applies to any arbitration under subsection (4). R.S.O. 1990, c. O.40, s. 64 (6).

Sewer rates and water works rates

65.  (1) The council of a municipality that has entered into or proposes to enter into an agreement under section 63 may by by-law provide for imposing upon owners or occupants of land who derive, or will or may derive, a benefit from the project a sewer rate or water works rate, as the case may be, sufficient to pay the whole or such portion as the by-law may specify of the annual payments to the Agency required to be made,

and, with the like approval, such by-law may from time to time be amended or repealed. R.S.O. 1990, c. O.40, s. 65 (1); 1993, c. 23, s. 73 (22).

Commutation of rates

(2) Where a by-law under subsection (1) imposes a sewer rate or water works rate upon owners or occupants of land, the council of the municipality may provide for commutation for a payment in cash of the whole or any part of the rate imposed and may prescribe the terms and conditions thereof. R.S.O. 1990, c. O.40, s. 65 (2).

Sewage service rate and water service rate

(3) The council of a municipality that has entered into or proposes to enter into an agreement under section 63 may by by-law provide for imposing upon owners or occupants of land from which sewage is received, treated or disposed of or to which water is supplied through or by the project a sewage service rate or water service rate, as the case may be, sufficient to pay the whole or such portion as the by-law may specify of the annual payments to the Agency required to be made,

Application

(4) Subject to this section, Part XII of the Municipal Act, 2001 and the regulations under that Part apply with necessary modifications to sewer rates and sewage service rates imposed under this section. 2002, c. 17, Sched. F, Table.

Same

(5) Every water works rate or water service rate imposed under this section shall, in so far as is practicable and subject to this section, be imposed in the same manner and with and subject to the same provisions as apply to fees or charges imposed under Part XII of the Municipal Act, 2001 in respect of water works and that Part and the regulations under that Part apply with necessary modifications to the imposition of such rates. 2002, c. 17, Sched. F, Table.

Cost of construction of service drains

66.  Where an agreement is made with a municipality for the provision of sewers under subsection 10 (2) or under section 63, the municipality may charge the owner of the premises for which a service drain is constructed the cost of construction of the service drain from the sewer to the line of the highway, together with interest thereon at a rate to be determined by the municipality, over such period of years as the municipality determines. R.S.O. 1990, c. O.40, s. 66.

When payments to be made under s. 63 agreements

67.  (1) As soon as practicable in each calendar year, and in any event not later than the 15th day of February, the Agency shall estimate the respective amounts payable to the Agency in such calendar year by each of the municipalities having agreements with the Crown under section 63 entered into before the 1st day of April, 1974 and shall by its precept directed to each municipality require such municipality to pay to the Agency on the dates specified in the agreement the sums so payable by each municipality and the municipality shall make payment to the Agency accordingly, but in the calendar year in which occurs the date of completion of the project the estimate by the Agency may be made and the precept of the Agency may be delivered at any time in such year as the Agency may determine and the payment or payments by the municipality shall be made at such time or times as the Agency may require. R.S.O. 1990, c. O.40, s. 67 (1); 1993, c. 23, s. 73 (26).

Adjustment

(2) At the end of each calendar year, the actual sums payable by each municipality to the Agency for such year for the purposes aforesaid shall be ascertained by the Agency and the Agency shall inform the municipality of the amount owing to or by it and such amount shall be deducted from or added to the first payment to be made by the municipality in the next calendar year. R.S.O. 1990, c. O.40, s. 67 (2); 1993, c. 23, s. 73 (27).

Delivery

(3) The mailing by the Agency of the precepts by registered mail in envelopes addressed to the clerks of the respective municipalities constitutes delivery of the precepts to them. R.S.O. 1990, c. O.40, s. 67 (3); 1993, c. 23, s. 73 (27).

Prepayment

(4) A municipality may pay and the Agency may accept,

Municipalities may raise money for agreements

(5) For the purpose of meeting the periodic payments to the Agency under an agreement entered into under section 63, a municipality may raise money by any method or methods authorized by law or by any combination thereof as if the municipality itself were proposing to construct, were constructing or had constructed the works or were operating and maintaining the works. R.S.O. 1990, c. O.40, s. 67 (5); 1993, c. 23, s. 73 (27).

Agency reserve accounts, s. 63 projects

68.  (1) The Agency may establish and maintain a reserve account in respect of each project under section 63,

and for such purposes may place to the credit of or charge to such reserve accounts such amounts as may in the opinion of the Agency be sufficient therefor. R.S.O. 1990, c. O.40, s. 68 (1); 1993, c. 23, s. 73 (28).

When money may be expended in respect of another project

(2) Despite subsection (1), where a reserve account has been established in respect of a project, the Agency may, in respect of any other project for the same municipality, charge to such reserve account such amounts as in the opinion of the Agency may be sufficient therefor for any of the purposes mentioned in clauses (1) (a), (b) and (c). R.S.O. 1990, c. O.40, s. 68 (2); 1993, c. 23, s. 73 (28).

Agency reserve accounts, administration

69.  (1) All amounts placed and remaining to the credit of all reserve accounts under any agreements under this Act shall be deposited with the Agency to the credit of a special consolidated account known as the Agency reserve account and the interest applicable in each year to the account as determined by the Agency shall be allocated and credited by it at the end of each year to each reserve account proportionately having regard to the respective balances remaining to the credit of the respective reserve accounts. 1993, c. 23, s. 73 (29).

Idem

(2) The accounts of the Agency with respect to the reserve accounts referred to in subsection (1) shall be kept so as to exhibit at all times the amounts placed to the credit of each reserve account, the interest credited thereon and the payments made in respect thereof. R.S.O. 1990, c. O.40, s. 69 (2); 1993, c. 23, s. 73 (30).

Agency debt retirement account, s. 64 (1) para. 2

70.  (1) All amounts placed and remaining to the credit of all municipalities with respect to money received from them under paragraph 2 of subsection 64 (1) shall be deposited with the Agency to the credit of a special consolidated account known as the Agency debt retirement account and that part of the credited amounts that is attributable to each project shall remain as a credit in that account until the expiration of the period of years during which payments must be made with respect to such project under that paragraph. 1993, c. 23, s. 73 (31).

Idem

(2) The interest applicable in each year to the consolidated account as determined by the Agency shall be allocated and credited by the Agency at the end of each year to the respective projects proportionately having regard to the respective balances in the consolidated account from time to time attributable to such projects and the accounts of the Agency with respect to such projects shall be kept so as to exhibit at all times the amounts placed to the credit of each project, the interest credited thereon and the payments made in respect thereof. R.S.O. 1990, c. O.40, s. 70 (2); 1993, c. 23, s. 73 (32).

Discontinuance of further payments

(3) If the Agency is of the opinion that the amount in the consolidated account attributable to a project, together with the further estimated interest on that amount, is at any time sufficient to form an amount equal to the cost of the project at the expiration of the period of years referred to in paragraph 2 of subsection 64 (1), the Agency, subject to subsection (4), may authorize the municipality or municipalities with which there is an agreement with respect to the project to discontinue payments under that paragraph. 1993, c. 23, s. 73 (33).

Excess or deficiency

(4) If at the expiration of such period of years the amount in the consolidated account attributable to any project,

Discharge of indebtedness to Province

(5) Despite any other provision of this Act, the Agency may at any time pay to the Province out of the consolidated Agency debt retirement account any amount attributable to any project in payment or part payment of the amount owing for the cost of the project. 1993, c. 23, s. 73 (35).

Annual payments to municipalities in lieu of taxes

71.  For the purposes of section 27 of the Assessment Act, the Agency, with respect to any project in a local municipality, shall be deemed a commission under that section and the project shall be deemed a public utility under that section. R.S.O. 1990, c. O.40, s. 71; 1993, c. 23, s. 73 (36); 2002, c. 17, Sched. F, Table.

Agreements

Overhead charges, Agency agreements

72.  A person that has entered or that enters into an agreement under this Act with the Agency for the provision or operation of a sewage works or a water works or the provision of sewage service or water service by the Agency shall pay to the Agency additional charges in respect of the provision or operation in the amount calculated in accordance with the method prescribed by the regulations even though the additional charges may not be attributable to costs incurred for the works or service. R.S.O. 1990, c. O.40, s. 72; 1993, c. 23, s. 73 (37).

Payments under Agency agreements

73.  (1) In this section,

Review and revision of rates

(2) The rates of payment provided for in an agreement may be reviewed and revised annually or, where the parties to the agreement concur, more frequently.

Units of measurement

(3) The rates of payment provided for in an agreement may be stated, and the amounts due under the agreement may be calculated and billed, on the basis of the units of measurement set out in Schedule I to the Weights and Measures Act (Canada). R.S.O. 1990, c. O.40, s. 73 (2, 3).

Billing and payment

(4) The Agency may determine the amounts due under an agreement on an annual basis for principal, interest and operating and other costs instead of on the basis of volumes and may require payment of the amounts annually or by way of more frequent periodic payments. R.S.O. 1990, c. O.40, s. 73 (4); 1993, c. 23, s. 73 (39).

Petition

(5) The provisions of an agreement that apply in respect of a petition to the Lieutenant Governor in Council in respect of a rate apply with necessary modifications in respect of an amount determined under subsection (4).

Application of ss. 72, 73

(6) This section and section 72 apply in respect of every agreement referred to in those sections despite the terms of the agreement and whether or not the agreement was made before the 9th day of November, 1983. R.S.O. 1990, c. O.40, s. 73 (5, 6).

Public Water or Sewage Service Area

Orders, public water or sewage service areas

74.  (1) In this section,

Area of public water or sewage service

(2) Despite any general or special Act or any regulation or order made thereunder, where, in the opinion of a Director, it is in the public interest to do so, the Director may make an order defining and designating an area as an area of public water service or an area of public sewage service, and, by order from time to time, for the purpose of controlling, regulating, prohibiting, requiring or providing water service or sewage service in the area, may,

Termination or amendment of contracts

(3) Where an order is made by a Director requiring that any contract be terminated or amended, such contract shall be deemed to be terminated and no longer operative or binding upon or against any person or shall be deemed to be amended, as the case may be, in accordance with the order. R.S.O. 1990, c. O.40, s. 74 (3).

Hearing

(4) A Director shall, before making an order under subsection (2), require the Tribunal, by a notice in writing, to hold a hearing. R.S.O. 1990, c. O.40, s. 74 (4); 2000, c. 26, Sched. F, s. 13 (10).

Notice

(5) The Tribunal shall give at least fifteen days notice of the hearing to the clerk of each municipality affected by the proposed order and to such persons and in such manner as the Tribunal considers appropriate. R.S.O. 1990, c. O.40, s. 74 (5); 2000, c. 26, Sched. F, s. 13 (10).

Contents of notice

(6) The notice of hearing shall state that a hearing is not required to be held if no objections to the establishment or extension are made in accordance with subsection 8 (1). R.S.O. 1990, c. O.40, s. 74 (6).

Amending order

(7) A Director may amend the terms and conditions in any order, and may amend the definition or designation of an area in any order, but, before amending the definition or designation of an area, the Director shall comply with the requirements of subsection (4) with respect to the holding of a hearing and the giving of notice thereof. R.S.O. 1990, c. O.40, s. 74 (7).

Amending order

(7.1) The Agency may by order amend the rates or charges referred to in clause (2) (c). 1993, c. 23, s. 73 (41).

Copies of order

(8) A Director or the Agency, as the case may be, shall send a copy of an order made under this section by prepaid mail to the clerk of every municipality and to every other person named in the order, and to such other persons as is considered appropriate. 1993, c. 23, s. 73 (42).

Petition re definition of area

(9) Upon the petition of,

filed with the Clerk of the Executive Council within twenty-eight days after the mailing of copies of the order under subsection (8), the Lieutenant Governor in Council may confirm, vary or rescind the definition or designation of the area in the order, and such confirmation, variation or rescission is binding upon a Director and such municipality, person, owner or occupant. R.S.O. 1990, c. O.40, s. 74 (9).

Compensation

(10) Where a contract is terminated or amended by an order under this section, the Agency shall make due compensation to any person named in the contract as a party thereto for any damage necessarily resulting from the termination or amendment of the contract, as the case may be, beyond any advantage that the person may derive from water service or sewage service provided under the order. R.S.O. 1990, c. O.40, s. 74 (10); 1993, c. 23, s. 73 (43).

Determination of compensation

(11) Subject to this section, a claim for compensation, if not agreed upon by the Agency and the person making the claim, shall be determined by the Board and not otherwise, and the Ontario Municipal Board Act, except section 94, applies as far as is practicable to every such claim. R.S.O. 1990, c. O.40, s. 74 (11); 1993, c. 23, s. 73 (44).

Municipality may raise money for payments under order

(12) For the purpose of meeting periodic payments to the Agency under an order made under this section, a municipality may raise money by any method or methods authorized by law or by any combination thereof as if the municipality itself were proposing to construct, were constructing or had constructed water works or sewage works or were operating and maintaining water works or sewage works. R.S.O. 1990, c. O.40, s. 74 (12); 1993, c. 23, s. 73 (45).

Rates in defined area

(13) For the purpose of meeting periodic payments to the Agency under an order made under this section, a municipality may, with the approval of the Board, by by-law define an area that in the opinion of the council of the municipality will derive a benefit from the water service or sewage service provided under the order and may impose a rate or charge upon the owners or occupants of all land in such defined area. R.S.O. 1990, c. O.40, s. 74 (13); 1993, c. 23, s. 73 (45).

Petition re rates and charges

(14) Upon the petition of any person required to pay a rate or charge imposed by an order under this section, filed with the Clerk of the Executive Council within twenty-eight days after the mailing of copies of the order under subsection (8), the Lieutenant Governor in Council may confirm, vary or rescind such rate or charge or may refer the petition to the Board or to such person or persons as the Lieutenant Governor in Council may designate, and the Board or such person or persons may confirm, vary or rescind such rate or charge, and any order made by the Lieutenant Governor in Council or the Board or such person or persons with respect thereto is binding upon the Agency and a Director and the person required to pay such rate or charge. R.S.O. 1990, c. O.40, s. 74 (14); 1993, c. 23, s. 73 (45).

Regulations

Regulations, general

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

Wells

(2) The Lieutenant Governor in Council may make regulations relating to sections 35 to 50,

R.S.O. 1990, c. O.40, s. 75 (2); 1997, c. 7, s. 7 (5); 2001, c. 9, Sched. G, s. 6 (31).

(3) Repealed: 1992, c. 23, s. 39 (3).

(4) Repealed: 1997, c. 7, s. 7 (6).

(5) Repealed: 1997, c. 7, s. 7 (6).

(6) Repealed: 1992, c. 23, s. 39 (4).

(7) Repealed: 1993, c. 23, s. 73 (48).

(8) Repealed: 1993, c. 23, s. 73 (48).

(9) Repealed: 1993, c. 23, s. 73 (48).

(10) Repealed: 1993, c. 23, s. 73 (48).

(11) Repealed: 1993, c. 23, s. 73 (48).

(12) Repealed: 1993, c. 23, s. 73 (48).

Regulations, further matters

76.  The Lieutenant Governor in Council may make regulations relating to this Act,

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (c) is repealed by the Statutes of Ontario, 2001, chapter 9, Schedule G, subsection 6 (32). See: 2001, c. 9, Sched. G, ss. 6 (32), 8 (4).

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (d) is repealed by the Statutes of Ontario, 2001, chapter 9, Schedule G, subsection 6 (32). See: 2001, c. 9, Sched. G, ss. 6 (32), 8 (4).

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (e) is repealed by the Statutes of Ontario, 2001, chapter 9, Schedule G, subsection 6 (32). See: 2001, c. 9, Sched. G, ss. 6 (32), 8 (4).

Scope of regulations

77.  (1) A regulation may be general or particular in its application, may be limited as to time or place or both and may exclude any place from the application of the regulation.

Classes

(2) A regulation may apply in respect of any class of activity, matter, person or thing.

Same

(3) A class under this Act or the regulations may be defined with respect to any attribute, quality or characteristic or combination thereof and may be defined to consist of or to include or exclude any specified member whether or not with the same attributes, qualities or characteristics.

Adoption of codes in regulations

(4) A regulation may adopt by reference, in whole or in part, with such changes as the Lieutenant Governor in Council considers necessary, any code, formula, standard, protocol or procedure, and may require compliance with any code, formula, standard, protocol or procedure so adopted.

Amendments to codes

(5) The power to adopt by reference and require compliance with a code, formula, standard, protocol or procedure in subsection (4) includes the power to adopt a code, formula, standard, protocol or procedure as it may be amended from time to time.

When effective

(6) The adoption of an amendment to a code, formula, standard, protocol or procedure that has been adopted by reference comes into effect upon the Ministry publishing notice of the amendment in The Ontario Gazette or in the registry under the Environmental Bill of Rights, 1993. 1997, c. 7, s. 8.

Bar of action, regulatory exemptions

78.  No action or other proceeding shall be brought against the Crown, the Minister or an employee or agent of the Crown because of anything arising out of or in relation to a matter carried on or purported to be carried on pursuant to a regulation that exempts a person from the requirement to obtain an approval, licence or permit. 1997, c. 7, s. 8.

79.  Repealed: 1992, c. 23, s. 39 (5).

Work Done by Ministry

Minister may cause things to be done

80.  (1) Where a direction, order or decision made under this Act is stayed, the Minister may cause to be done any thing required by the direction, order or decision.

Exception

(2) Subsection (1) does not apply in respect of reports made under section 62. R.S.O. 1990, c. O.40, s. 80.

Director may cause things to be done

81.  (1)  Where a direction, order or decision made by the Director or Minister under this Act is not stayed, the Director may cause to be done any thing required by it if,

Exception

(2)  Subsection (1) does not apply in respect of reports made under section 62. R.S.O. 1990, c. O.40, s. 81 (2).

Notice of intent to cause things to be done

(3)  The Director shall give notice of an intention to cause a thing to be done under this section to each person required by a direction, order or decision made under this Act to do the thing. R.S.O. 1990, c. O.40, s. 81 (3).

Idem

(4)  A person who receives a notice under subsection (3) shall not do the thing referred to in the notice without the permission of the Director. R.S.O. 1990, c. O.40, s. 81 (4).

Person liable unknown: Director may cause things to be done

82.  Where the Director is authorized by this Act to make a direction, order or decision requiring a person to do a thing and the identity of the person cannot be ascertained, the Director may cause the thing to be done. R.S.O. 1990, c. O.40, s. 82.

ss. 89.1 to 89.14: Director may cause things to be done

82.1  (1)  If, but for sections 89.1 to 89.14, the Director or a provincial officer would be authorized by this Act to make a direction or order requiring a person to do a thing, the Director may cause the thing to be done. 2001, c. 17, s. 5 (5).

Same

(2)  Subsection (1) applies even if the Director is authorized to make a direction or order requiring another person to do the thing. 2001, c. 17, s. 5 (5).

Powers of entry, ss. 80-82.1

Entry without judicial order

83.  (1)  A person who is responsible for doing a thing under section 80, 81, 82 or 82.1 may, for the purpose, enter on or into any land or place on or in which the thing is to be done and any adjacent land or place without an order if,

Order authorizing entry

(2)  A justice who is satisfied on evidence under oath that there is reasonable ground to believe that entry on land or into or on a place is necessary for the purpose of doing a thing under section 80, 81, 82 or 82.1, may issue an order authorizing the person named in the order to make the entry and do the thing. 1998, c. 35, s. 63 (1); 2001, c. 17, s. 5 (7).

Execution and expiry of order

(3)  An order issued under subsection (2) shall,

Renewal

(4)  Before or after the order expires, a justice may renew the order, for such additional periods as the justice considers necessary. 1998, c. 35, s. 63 (3).

Use of force

(5)  A person authorized under clause (1) (b) or subsection (2) to enter on land or a place for the purpose of doing a thing may call on police officers as necessary and may use force as necessary to make the entry and do the thing. R.S.O. 1990, c. O.40, s. 83 (5); 1998, c. 35, s. 63 (4).

Assistance

(6)  A person named in an order issued under subsection (2) may call on any other persons he or she considers advisable to execute a warrant. R.S.O. 1990, c. O.40, s. 83 (6); 1998, c. 35, s. 63 (5).

Application without notice

(7)  A justice may receive and consider an application for an order or a renewal of an order under this section without notice to the owner or occupier of the land or place. 1998, c. 35, s. 63 (6).

Identification

(8)  On the request of an owner or occupier of the land or place, a person who exercises a power conferred under subsection (1) or (2) shall identify himself or herself and shall explain the purpose of the entry. R.S.O. 1990, c. O.40, s. 83 (8); 1998, c. 35, s. 63 (7).

Order to pay costs

84.  (1)  The Director may issue an order to pay the costs of doing any thing caused to be done by the Minister or Director under this Act to any person required by a direction, order or decision made under this Act to do the thing. R.S.O. 1990, c. O.40, s. 84 (1).

Idem

(2)  If, after the Minister or Director causes any thing to be done under this Act, the Director ascertains the identity of a person to whom a direction, order or decision requiring the thing to be done could have been issued under this Act, the Director may issue an order to pay the costs of doing the thing to that person. R.S.O. 1990, c. O.40, s. 84 (2).

Same

(2.1)  If the Minister or Director has caused any thing to be done under this Act in circumstances where, pursuant to subsection 13 (5) or 89.12 (7) or a stay granted under Part I of the Bankruptcy and Insolvency Act (Canada), a receiver or trustee in bankruptcy was not required to do the thing, the Director may issue an order to the receiver or trustee in bankruptcy to pay the costs of doing the thing. 2001, c. 17, s. 5 (8).

Same

(2.2)  If an order to pay the costs of doing a thing is issued under subsection (1), (2) or (2.1) to a receiver or trustee in bankruptcy, the receiver or trustee in bankruptcy is not personally liable for those costs unless the direction, order or decision that required the thing to be done arose from the gross negligence or wilful misconduct of the receiver or trustee in bankruptcy or of a receiver representative or trustee in bankruptcy representative. 2001, c. 17, s. 5 (8).

Order to pay: contents

(3)  An order under subsection (1), (2) or (2.1) to pay costs shall include,

Idem

(4)  An order under subsection (2) to pay costs shall also include a brief statement of the circumstances giving rise to the decision to cause the things to be done. R.S.O. 1990, c. O.40, s. 84 (4).

Costs specified in order to pay may be increased by Tribunal

85.  At a hearing by the Tribunal on an order to pay costs, the Director may, on reasonable notice to all parties, ask the Tribunal to amend the order by adding new items of cost or by increasing the amounts set out in the order. R.S.O. 1990, c. O.40, s. 85; 2000, c. 26, Sched. F, s. 13 (13).

What Tribunal may consider at hearing on subs. 84 (1) order to pay

86.  (1)  At a hearing by the Tribunal on an order under subsection 84 (1) to a person to pay the costs of doing things, the Tribunal shall consider only whether any of the costs specified in the order,

Same, receiver or trustee in bankruptcy

(2)  For the purpose of subsection (1), if the order under subsection 84 (1) or (2.1) was issued to a receiver or trustee in bankruptcy,

Order to pay costs may be enforced as judgment of the Superior Court of Justice

87.  (1) An order to pay costs may be filed with the Superior Court of Justice and enforced as if it were an order of the court. R.S.O. 1990, c. O.40, s. 87 (1); 2001, c. 9, Sched. G, s. 6 (50).

Interest

(2) Section 129 of the Courts of Justice Act applies in respect of an order filed with the court under subsection (1) and, for the purpose, the date of filing shall be deemed to be the date of the order. R.S.O. 1990, c. O.40, s. 87 (2).

Recovery of costs under order, general

88.  (1)  For the purposes of subsections (2) and (8), a thing done as a result of activities or conditions on land is a thing done in connection with that land, whether or not the work is done on that land. R.S.O. 1990, c. O.40, s. 88 (1).

Lien

(2)  If an order to pay costs is directed to a person who owns land in a local municipality, and the Director instructs the municipality to recover amounts specified in the order that relate to things done in connection with that land, the municipality shall have a lien on the land for those amounts and they shall have priority lien status, as described in section 1 of the Municipal Act, 2001, and shall be added by the treasurer of the municipality to the tax roll. 2002, c. 17, Sched. F, Table.

Idem

(3)  A lien created under subsection (2) in favour of a municipality is not an estate or interest of the Crown within the meaning of clause 379 (7) (b) of the Municipal Act, 2001. R.S.O. 1990, c. O.40, s. 88 (3); 2002, c. 17, Sched. F, Table.

Idem

(4)  Subject to subsection (6), money collected in accordance with subsection (2), less the costs reasonably attributable to the collection, shall be paid by the municipality to the Minister of Finance. R.S.O. 1990, c. O.40, s. 88 (4); 2001, c. 9, Sched. G, s. 6 (35).

Definition

(5)  In subsections (6) and (7),

Proceeds of tax sale

(6)  Where there is a sale of land under Part XI of the Municipal Act, 2001 and amounts are payable out of the proceeds to the Minister of Finance under this Act, the Environmental Protection Act or the Fire Protection and Prevention Act, 1997, those amounts shall not be paid until after payment of all other amounts payable out of the proceeds in respect of the cancellation price of the land. R.S.O. 1990, c. O.40, s. 88 (6); 2001, c. 9, Sched. G, s. 6 (36); 2002, c. 17, Sched. F, Table.

Cancellation price

(7)  Despite Part XI of the Municipal Act, 2001, the treasurer of a municipality may sell land under that Part for less than the cancellation price, so long as the land is not sold for less than what the cancellation price would have been but for this Act, the Environmental Protection Act and the Fire Protection and Prevention Act, 1997, and the purchaser may be declared to be the successful purchaser under Part XI of the Municipal Act, 2001. 2002, c. 17, Sched. F, Table.

Idem, territory without municipal organization

(8)  If an order to pay costs is directed to a person who owns land in territory without municipal organization, and the Director instructs the Land Tax Collector appointed under the Provincial Land Tax Act to recover amounts specified in the order that relate to work done in connection with that land, the Crown shall have a lien on the land for those amounts and they shall be deemed to be taxes in respect of the land imposed under section 3 of the Provincial Land Tax Act and may be collected in the same way and with the same priorities as taxes under that Act. R.S.O. 1990, c. O.40, s. 88 (8).

Idem

(9)  An instruction under subsection (2) or (8) shall state which of the amounts specified in the order to pay relate to things done in connection with the land. R.S.O. 1990, c. O.40, s. 88 (9).

Costs may be recovered from deposit or financial assurance

89.  Where an order to pay costs is directed to a person who has given a deposit under section 35 of the Environmental Protection Act or is in respect of works or property for which financial assurance is required under Part XII of that Act, the deposit or financial assurance may be used to recover amounts specified in the order to pay costs. 2001, c. 17, s. 5 (11).

Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by the Statutes of Ontario, 2001, chapter 17, subsection 5 (12) by adding the following sections:

Records of Site Condition

Definitions re: records of site condition, ss. 89.2, 89.3

89.1  In sections 89.2 and 89.3,

Consequences of filing record of site condition

89.2  (1)  If a record of site condition is filed in the Registry in accordance with section 168.4 of the Environmental Protection Act, no order shall be issued to any of the following persons under section 16, 16.1 or 32 in respect of material that was discharged into the natural environment before the certification date and was on, in or under the property as of the certification date:

False or misleading information

(2)  Subsection (1) does not apply if the record of site condition contains false or misleading information.

Material that moves to other property

(3)  Subsection (1) does not apply if, after the certification date, any of the material moved from the property to which the record of site condition relates to another property.

Sewage works and water works

(4)  Despite subsection (1), if a sewage works or water works is located on the property to which the record of site condition relates, an order may be issued under section 16.1 or 32 in respect of the sewage works or water works.

Consent order

(5)  Subsection (1) does not apply if the person to whom the order is issued consents in writing to the order.

Interpretation

(6)  This section shall not be construed as affecting any cause of action that a person would have in the absence of this section.

Emergencies relating to old material

89.3  (1)  If a record of site condition is filed in the Registry in accordance with section 168.4 of the Environmental Protection Act with respect to a property, the Director may issue an order described in subsection (2) to the owner of the property if the Director has reasonable grounds to believe that, as a result of the presence of material that was on, in or under the property as of the certification date, there is danger to the health or safety of any person.

Scope of order

(2)  An order under subsection (1) may only require the owner, within such times as are specified in the order, to comply with such directions specified in the order as are reasonably necessary to ensure that there is no danger to the health or safety of any person.

Same

(3)  The directions referred to in subsection (2) may include the following:

Information to be included in order

(4)  An order under subsection (1) shall briefly describe the reasons for the order and the circumstances on which the reasons are based.

Notice of order to be filed in Registry

(5)  The Director shall file notice of an order under subsection (1) in the Registry in accordance with the regulations referred to in subsection 168.8 (5) of the Environmental Protection Act.

Notice of compliance with order

(6)  If the Director is satisfied that an order under subsection (1) has been complied with, the Director shall file notice of the compliance in the Registry in accordance with the regulations referred to in subsection 168.8 (6) of the Environmental Protection Act.

Filing of new record of site condition

(7)  If the Director is satisfied that an order under subsection (1) has been complied with but the Director is of the opinion that a certification contained in the record of site condition filed in the Registry does not accurately reflect the current state of the property, subsection (6) does not apply until a new record of site condition is filed in accordance with section 168.4 of the Environmental Protection Act.

See: 2001, c. 17, ss. 5 (12), 8.

Special Provisions Applicable to Municipalities, Secured Creditors, Receivers, Trustees in Bankruptcy, Fiduciaries and Property Investigators

Definitions, ss. 89.4-89.14

89.4  In this section and in sections 89.5 to 89.14,

Interpretation, ss. 89.6-89.14

89.5  Sections 89.6 to 89.14 shall not be construed as affecting any cause of action that a person would have in the absence of those sections. 2001, c. 17, s. 5 (13).

Actions taken by municipalities

89.6  (1)  A municipality or a municipal representative who takes an action described in subsection (2) is not, for that reason alone,

Actions

(2)  The actions referred to in subsection (1) are the following:

Ownership under the Municipal Act, 2001

89.7  (1)  If a municipality becomes the owner of property by virtue of the registration of a notice of vesting under Part XI of the Municipal Act, 2001, the Director or a provincial officer shall not, in respect of the period described in subsection (3), issue a direction or order under any provision of this Act to the municipality or a municipal representative with respect to the property unless the direction or order arises from,

Consent order

(2)  Subsection (1) does not apply to a direction or order issued with the written consent of the municipality or municipal representative. 2001, c. 17, s. 5 (13).

Time period

(3)  Subsection (1) only applies to the municipality or municipal representative in respect of the period that begins on the day the municipality became the owner of the property by virtue of the registration of the notice of vesting and ends on the fifth anniversary of that day. 2001, c. 17, s. 5 (13).

Extension of period

(4)  The Director may extend the period referred to in subsection (3), before or after it expires, on such terms and conditions as he or she considers appropriate. 2001, c. 17, s. 5 (13).

Exceptional circumstances, order to municipality

89.8  (1)  Despite section 89.7, the Director may issue an order described in subsection (3) to a municipality if the municipality has become the owner of property by virtue of the registration of a notice of vesting under Part XI of the Municipal Act, 2001 and the Director has reasonable grounds to believe that, as a result of the presence or discharge of material on, in or under the property, any of the following circumstances exist:

Restriction if record of site condition

(2)  If a record of site condition has been filed in the Registry under section 168.4 of the Environmental Protection Act with respect to the property, no order shall be issued under subsection (1) unless the Director has reasonable grounds to believe that, as a result of the presence of material that was on, in or under the property as of the certification date, there is danger to the health or safety of any person. 2001, c. 17, s. 5 (13).

Scope of order

(3)  An order under subsection (1) may only require the municipality, within such times as are specified in the order, to comply with such directions specified in the order as are reasonably necessary to ensure that,

Same

(4)  The directions referred to in subsection (3) may include the following:

Information to be included in order

(5)  An order under subsection (1) shall briefly describe the reasons for the order and the circumstances on which the reasons are based, including the circumstances listed in subsection (1) that exist. 2001, c. 17, s. 5 (13).

When notice of order filed in Registry

(6)  The Director shall file notice of an order under subsection (1) in the Registry in accordance with the regulations referred to in subsection 168.8 (5) of the Environmental Protection Act if a record of site condition has been filed in the Registry under section 168.4 of that Act with respect to the property. 2001, c. 17, s. 5 (13).

Notice of compliance with order

(7)  If notice of an order has been filed in the Registry under subsection (6) and the Director is satisfied that the order has been complied with, the Director shall file notice of the compliance in the Registry in accordance with the regulations referred to in subsection 168.8 (6) of the Environmental Protection Act. 2001, c. 17, s. 5 (13).

Filing of new record of site condition

(8)  If notice of an order has been filed in the Registry under subsection (6) and the Director is satisfied that the order has been complied with but the Director is of the opinion that a certification contained in the record of site condition filed in the Registry does not accurately reflect the current state of the property, subsection (7) does not apply until a new record of site condition is filed in accordance with section 168.4 of the Environmental Protection Act. 2001, c. 17, s. 5 (13).

Actions taken by secured creditors

89.9  (1)  A secured creditor or a secured creditor representative who takes an action described in subsection (2) is not, for that reason alone,

Actions

(2)  The actions referred to in subsection (1) are the following:

Secured creditor becoming owner by foreclosure

89.10  (1)  If a secured creditor becomes the owner of the secured property by virtue of a foreclosure, the Director or a provincial officer shall not, in respect of the period described in subsection (3), issue any direction or order under any provision of this Act to the secured creditor or a secured creditor representative with respect to the property unless the direction or order arises from,

Consent order

(2)  Subsection (1) does not apply to a direction or order issued with the written consent of the secured creditor or secured creditor representative. 2001, c. 17, s. 5 (13).

Time period

(3)  Subsection (1) only applies to the secured creditor or secured creditor representative in respect of the period that begins on the day the secured creditor became the owner of the property by virtue of a foreclosure and ends on the fifth anniversary of that day. 2001, c. 17, s. 5 (13).

Extension of period

(4)  The Director may extend the period referred to in subsection (3), before or after it expires, on such terms and conditions as he or she considers appropriate. 2001, c. 17, s. 5 (13).

Receivers and trustees in bankruptcy

89.11  (1)  The Director or a provincial officer shall not issue any direction or order under any provision of this Act to a receiver, receiver representative, trustee in bankruptcy or trustee in bankruptcy representative with respect to the property held or administered by the receiver or trustee in bankruptcy unless the direction or order arises from,

Consent order

(2)  Subsection (1) does not apply to a direction or order issued with the written consent of the receiver, receiver representative, trustee in bankruptcy or trustee in bankruptcy representative. 2001, c. 17, s. 5 (13).

Exceptional circumstances, order to secured creditor

89.12  (1)  Despite section 89.10, the Director may issue an order described in subsection (4) to a secured creditor who has become the owner of the secured property by virtue of a foreclosure if the Director has reasonable grounds to believe that, as a result of the presence or discharge of material on, in or under the property, any of the following circumstances exist:

Same

(2)  Despite section 89.11, the Director may issue an order described in subsection (4) to a receiver or trustee in bankruptcy if the Director has reasonable grounds to believe that, as a result of the presence or discharge of material on, in or under the property held or administered by the receiver or trustee in bankruptcy, any of the circumstances listed in subsection (1) exist. 2001, c. 17, s. 5 (13).

Restriction if record of site condition

(3)  If a record of site condition has been filed in the Registry under section 168.4 of the Environmental Protection Act with respect to the property, no order shall be issued under subsection (1) or (2) unless the Director has reasonable grounds to believe that, as a result of the presence of material that was on, in or under the property as of the certification date, there is danger to the health or safety of any person. 2001, c. 17, s. 5 (13).

Scope of order

(4)  An order under subsection (1) or (2) may only require the secured creditor, receiver or trustee in bankruptcy, within such times as are specified in the order, to comply with such directions specified in the order as are reasonably necessary to ensure that,

Same

(5)  The directions referred to in subsection (4) may include the following:

Information to be included in order

(6)  An order under subsection (1) or (2) shall briefly describe the reasons for the order and the circumstances on which the reasons are based, including the circumstances listed in subsection (1) that exist. 2001, c. 17, s. 5 (13).

Exception

(7)  A receiver or trustee in bankruptcy is not required to comply with an order under subsection (2) if the order did not arise from the gross negligence or wilful misconduct of the receiver or trustee in bankruptcy, or of a receiver representative or trustee in bankruptcy representative, and,

Notice under subs. (7)

(8)  Notice under clause (7) (a) or (b) must be given in the manner prescribed by the regulations referred to in subsection 168.20 (8) of the Environmental Protection Act. 2001, c. 17, s. 5 (13).

When notice of order filed in Registry

(9)  The Director shall file notice of an order under subsection (1) or (2) in the Registry in accordance with the regulations referred to in subsection 168.8 (5) of the Environmental Protection Act if a record of site condition has been filed in the Registry under section 168.4 of that Act with respect to the property. 2001, c. 17, s. 5 (13).

Notice of compliance with order

(10)  If notice of an order has been filed in the Registry under subsection (9) and the Director is satisfied that the order has been complied with, the Director shall file notice of the compliance in the Registry in accordance with the regulations referred to in subsection 168.8 (6) of the Environmental Protection Act. 2001, c. 17, s. 5 (13).

Filing of new record of site condition

(11)  If notice of an order has been filed in the Registry under subsection (9) and the Director is satisfied that the order has been complied with but the Director is of the opinion that a certification contained in the record of site condition filed in the Registry does not accurately reflect the current state of the property, subsection (10) does not apply until a new record of site condition is filed in accordance with section 168.4 of the Environmental Protection Act. 2001, c. 17, s. 5 (13).

Obligations of fiduciaries

89.13  If the Minister, the Director or a provincial officer issues a direction, notice or order under any provision of this Act to a fiduciary or fiduciary representative with respect to fiduciary property, the obligation of the fiduciary or fiduciary representative to incur costs to comply with the direction, notice or order is limited to the value of the assets they hold or administer on the date they are served with the direction, notice or order, less their reasonable costs of holding or administering the assets, unless the direction, notice or order arose from the gross negligence or wilful misconduct of the fiduciary or fiduciary representative. 2001, c. 17, s. 5 (13).

Investigations of property

89.14  A person who conducts, completes or confirms an investigation in relation to property is not, for that reason alone,

Miscellaneous

Service of offence notice, etc., offences re: vehicles

90.  (1) In this section,

Service of offence notice or summons

(2) Delivery of an offence notice or summons to the operator of a commercial motor vehicle in respect of an offence under this Act related to the use of the vehicle shall be deemed to be personal service of the offence notice or summons on the owner or lessee of the vehicle who is named in the offence notice or summons.

Employer

(3) Delivery of an offence notice or summons to the operator of a motor vehicle in respect of an offence under this Act related to the use of the vehicle in the course of the operator's employment shall be deemed to be personal service of the offence notice or summons on the employer of the operator of the vehicle. R.S.O. 1990, c. O.40, s. 90 (2, 3).

(4) Repealed: 1998, c. 35, s. 64 (2).

Exception

(5) Subsection (2) does not apply if, at the time of the offence, the vehicle was in the possession of the operator without the consent of the owner or lessee of the vehicle, as the case may be, but the burden of proof of that shall be on the owner or lessee of the vehicle.

Permit holder deemed owner

(6) For the purposes of this section, the holder of a permit under Part II of the Highway Traffic Act shall be deemed to be the owner of the vehicle referred to in the permit if a number plate under that Part bearing a number that corresponds to the permit was displayed on the vehicle at the time the offence was committed.

Application of subs. (6)

(7) Subsection (6) does not apply if the number plate was displayed on the vehicle without the consent of the holder of the permit, but the burden of proof of that shall be on the holder of the permit. R.S.O. 1990, c. O.40, s. 90 (5-7).

Service of offence notice, etc., corporations, etc.

Service on municipal corporations

90.1  (1) Service of an offence notice or summons on a municipal corporation may be effected by delivering it personally to the mayor, warden, reeve or other chief officer of the municipal corporation or to the clerk of the municipal corporation.

Service on other corporations

(2) Service of an offence notice or summons on a corporation other than a municipal corporation may be effected by delivering it personally to the manager, secretary or other officer of the corporation or to a person apparently in charge of a branch office of the corporation.

Service on partnership

(3) Service of an offence notice or summons on a partnership may be effected by delivering it personally to a partner or to a person apparently in charge of an office of the partnership.

Service on a sole proprietorship

(4) Service of an offence notice or summons on a sole proprietorship may be effected by delivering it personally to the sole proprietor or to a person apparently in charge of an office of the sole proprietorship.

Substituted service

(5) On application without notice, a justice, on being satisfied that service cannot be made effectively in accordance with subsections (1) to (4), may by order authorize another method of service that has a reasonable likelihood of coming to the attention of the municipal corporation, other corporation, partnership or sole proprietorship. 1998, c. 35, s. 65.

Sewage disposal, Director's order

91.  (1) If an industrial or commercial enterprise makes arrangements for the collection, transmission, treatment or disposal of sewage that are considered unsatisfactory by a Director, the Director may require such industrial or commercial enterprise,

as may be directed from time to time by order of the Director.

Idem

(2) If an industrial or commercial enterprise makes no arrangements for the collection, transmission, treatment or disposal of sewage, a Director may require such industrial or commercial enterprise,

as may be directed from time to time by order of the Director. R.S.O. 1990, c. O.40, s. 91.

Discharge of sewage into sewage works, Director's order

92.  If, in the opinion of a Director, a discharge of sewage into a sewage works may interfere with the proper operation of a sewage works, the Director may by order require the person that discharges or causes or permits the discharge of sewage,

Protection from personal liability

93.  (1) Except in the case of an application for judicial review or an action or proceeding that is specifically provided for with respect to a person referred to in this subsection in any Act or in a regulation under this or any other Act, no action or other proceeding for damages or otherwise shall be instituted against any member of the Tribunal or against any employee of the Ministry or the Agency or any Crown employee within the meaning of the Public Service Act acting under the direction of such member or employee of the Ministry or the Agency 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 such duty or authority. R.S.O. 1990, c. O.40, s. 93 (1); 1993, c. 23, s. 73 (49); 2000, c. 26, Sched. F, s. 13 (11).

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 an 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 in a like manner as if subsection (1) had not been enacted. R.S.O. 1990, c. O.40, s. 93 (2).

Limitations

94.  (1) Proceedings for an offence under this Act or the regulations shall not be commenced later than two years after the later of,

Idem

(2) Clause (1) (b) does not apply in respect of offences committed more than two years before the 28th day of June, 1990. R.S.O. 1990, c. O.40, s. 94 (2).

Power to restrain

By action

95.  (1) Where any provision of this Act or the regulations or any direction, order, approval, notice or permit, made, granted, given, served or issued by a Director under this Act is contravened, in addition to any other remedy and to any penalty imposed by law, such contravention may be restrained by action at the instance of the Minister. R.S.O. 1990, c. O.40, s. 95 (1); 2001, c. 9, Sched. G, s. 6 (39).

By order upon conviction

(2) Upon its own initiative or on motion by counsel for the prosecutor, the court that convicts a person of an offence under this Act, in addition to any other remedy and to any other penalty imposed by law, may make an order prohibiting the continuation or repetition by the person of the act or omission for which the person is convicted. R.S.O. 1990, c. O.40, s. 95 (2).

Fees

96.  The Minister may establish and require the payment of fees in respect of any matter under this Act, specify to whom the fees are paid, provide for the retention of all or part of the fees by the person to whom they are paid and provide for the refund of fees. 2001, c. 9, Sched. G, s. 6 (40).

97.  Repealed: 2001, c. 9, Sched. G, s. 6 (40).

Obstruction

98.  (1) No person shall hinder or obstruct any provincial officer or any employee or agent of the Ministry or the Agency in the performance of his or her duties under this Act. 1998, c. 35, s. 66.

False information

(2) No person shall orally, in writing or electronically, give or submit false or misleading information in any statement, document or data, to any provincial officer, the Minister, the Ministry or the Agency, any employee or agent of the Ministry or the Agency, or any person involved in carrying out a program of the Ministry or the Agency in respect of any matter related to this Act or the regulations. 1998, c. 35, s. 66; 2001, c. 9, Sched. G, s. 6 (41).

Same

(3) No person shall include false or misleading information in any document or data required to be created, stored or submitted under this Act. 1998, c. 35, s. 66.

Refusal to furnish information

(4) No person shall refuse to furnish any provincial officer, the Minister, the Ministry, the Agency or any employee or agent of the Ministry or the Agency with information required for the purposes of this Act and the regulations. 1998, c. 35, s. 66.

Recovery of money owing to Treasurer

99.  Any amount due and payable by a person to the Minister of Finance in respect of any matter under this Act, together with such interest and expenses of debt service as may be determined by the Minister of Finance with respect to such amount, may be recovered by the Minister of the Environment with costs in a court of competent jurisdiction as a debt due to the Crown by the person. R.S.O. 1990, c. O.40, s. 99; 2001, c. 9, Sched. G, s. 6 (42).

Review of action by Director

Submissions

100.  (1) Where a Director intends to make, give or issue a direction, order, report or notice, the Director shall serve notice of his or her intention together with written reasons therefor upon the person to whom he or she intends to make, give or issue the direction, order, report or notice and shall not make, give or issue the direction, order, report or notice until fifteen days after the service thereof and such person may make submissions to the Director at any time before the making, giving or issuing of the direction, order, report or notice. R.S.O. 1990, c. O.40, s. 100 (1).

Exception: orders by provincial officers

(1.1) Subsection (1) does not apply in respect of an order made under section 16, 16.1, 16.2, 16.3 or 16.4. 1998, c. 35, s. 67.

Exception: emergency orders

(2) Subsection (1) does not apply in respect of a direction, order, report or notice that, in the Director's opinion, is made, given or issued in an emergency by reason of,

When approval, etc., refused

(3) When a Director,

the Director shall serve written notice of the refusal, cancellation or suspension referred to in clause (a), the terms and conditions imposed or altered as referred to in clause (b), (c) or (d), or a written copy of the notice, direction, report or order referred to in clause (e), and written reasons therefor, upon the applicant or the person to whom the licence, permit, approval, direction, order, report or notice is issued or granted. R.S.O. 1990, c. O.40, s. 100 (3).

Hearing may be required

(4) The applicant or person may, by written notice served upon the Director and the Tribunal within fifteen days after the service of the notice referred to in subsection (3), require a hearing by the Tribunal. R.S.O. 1990, c. O.40, s. 100 (4); 2000, c. 26, Sched. F, s. 13 (13).

Exception

(5) Subsections (3) and (4) do not apply with respect to a decision of the Tribunal that is implemented by a Director in accordance with subsection 7 (4). R.S.O. 1990, c. O.40, s. 100 (5); 2000, c. 26, Sched. F, s. 13 (13).

Extension of time for requiring hearing

(6) The Tribunal shall extend the time in which a person may give a notice under subsection (4) requiring a hearing on a notice, direction, report, order or other decision where, in the opinion of the Tribunal, it is just to do so because service of the notice referred to in subsection (3) did not give the person notice of the decision. R.S.O. 1990, c. O.40, s. 100 (6); 2000, c. 26, Sched. F, s. 13 (13).

Notice to municipalities

(7) When the Director makes a notice, direction, report, order or other decision under this Act of a class prescribed by the regulations, the Director shall serve notice of the notice, direction, report, order or other decision, together with written reasons therefor, on the clerk of any local municipality in which there is land on which the notice, direction, report, order or other decision requires something to be done, permits something to be done or prohibits something from being done. R.S.O. 1990, c. O.40, s. 100 (7).

Hearing

(8) The provisions of section 144 of the Environmental Protection Act apply with necessary modifications to a hearing by the Tribunal under this section. R.S.O. 1990, c. O.40, s. 100 (8); 2000, c. 26, Sched. F, s. 13 (13).

Parties to hearing

(9) The applicant or person requiring the hearing, the Director referred to in subsection (3) and any other persons specified by the Tribunal are parties to the hearing. R.S.O. 1990, c. O.40, s. 100 (9); 2000, c. 26, Sched. F, s. 13 (13).

Contents of notice requiring hearing

101.  (1) An applicant for a hearing by the Tribunal shall state in the notice requiring the hearing,

Effect of contents of notice

(2) Except with leave of the Tribunal, at a hearing by the Tribunal an applicant is not entitled to appeal a portion of the order, direction, report, notice, term, condition, suspension, revocation or licence or other form of permission, or to rely on a ground, that is not stated in the applicant's notice requiring the hearing. R.S.O. 1990, c. O.40, s. 101 (2); 2000, c. 26, Sched. F, s. 13 (13).

Leave

(3) The Tribunal may grant the leave referred to in subsection (2) where the Tribunal is of the opinion that to do so is proper in the circumstances, and the Tribunal may give such directions as it considers proper consequent upon the granting of the leave. R.S.O. 1990, c. O.40, s. 101 (3); 2000, c. 26, Sched. F, s. 13 (13).

Stay of action under review

102.  (1)  The commencement of a proceeding before the Tribunal does not stay the operation of a direction, order, report, notice or decision made, issued or given under this Act, other than an order to pay the costs of work made under section 84. R.S.O. 1990, c. O.40, s. 102 (1); 2000, c. 26, Sched. F, s. 13 (13).

Tribunal may grant stay

(2)  The Tribunal may, on the application of a party to a proceeding before it, stay the operation of a direction, order, report, notice or decision, other than an order issued under section 89.3, 89.8 or 89.12. 2001, c. 17, s. 5 (14).

When stay may not be granted

(3) The Tribunal shall not stay the operation of a direction, order, report, notice or decision if doing so would result in,

Right to apply to remove stay: new circumstances

(4) A party to a proceeding may apply for the removal of a stay if relevant circumstances have changed or have become known to the party since the stay was granted, and the Tribunal may grant the application. R.S.O. 1990, c. O.40, s. 102 (4); 2000, c. 26, Sched. F, s. 13 (13).

Right to apply to remove stay: new party

(5) A person who is made a party to a proceeding after a stay is granted may, at the time the person is made a party, apply for the removal of the stay, and the Tribunal may grant the application. R.S.O. 1990, c. O.40, s. 102 (5); 2000, c. 26, Sched. F, s. 13 (13).

Removal of stay by Tribunal

(6) The Tribunal, on the application of a party under subsection (4) or (5), shall remove a stay if failure to do so would have one or more of the results mentioned in clauses (3) (a) to (c). R.S.O. 1990, c. O.40, s. 102 (6); 2000, c. 26, Sched. F, s. 13 (13).

Certain dealings with land prohibited

103.  (1) A person who has authority under this Act to make a direction, order, notice or decision affecting land also has authority to prohibit any person with an interest in the land from dealing with the land in any way without first giving a copy of the direction, order, notice or decision to each person acquiring an interest in the land as a result of the dealing. R.S.O. 1990, c. O.40, s. 103 (1).

Registration of prohibitions

(2) A certificate setting out a prohibition referred to in subsection (1) may be registered in the proper land registry office on the title of the land to which the prohibition relates, if the certificate is in the prescribed form, is signed by a person who has authority to issue the prohibition and is accompanied by a registrable description of the land. R.S.O. 1990, c. O.40, s. 103 (2); 1998, c. 35, s. 68 (1).

Idem

(3) A prohibition set out in a certificate that is registered under subsection (2) is, from the time of registration, deemed to be directed to each person who subsequently acquires an interest in the land.

Prohibited dealings with land voidable

(4) A dealing with land by a person who is prohibited under subsection (1) or (3) from dealing with the land without giving a copy of a direction, order, notice or decision is voidable at the instance of a person who was not given the copy before acquiring an interest in the land as a result of the dealing. R.S.O. 1990, c. O.40, s. 103 (3, 4).

Registration of withdrawal of prohibition

(5) A certificate of withdrawal of a prohibition referred to in this section may be registered in the proper land registry office on the title of the land to which the prohibition relates, if the certificate is in the prescribed form, is signed by a person who has authority to issue the prohibition and is accompanied by a registrable description of the land. R.S.O. 1990, c. O.40, s. 103 (5); 1998, c. 35, s. 68 (2).

Idem

(6) On the registration under the Registry Act of a certificate of withdrawal of a prohibition in accordance with subsection (5), the land registrar may delete the entries in the abstract index of the certificate setting out the prohibition and the certificate of withdrawal of the prohibition.

Idem

(7) Registration of a certificate of withdrawal of a prohibition in accordance with subsection (5) has the effect of revoking the prohibition. R.S.O. 1990, c. O.40, s. 103 (6, 7).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 103 is repealed by the Statutes of Ontario, 2001, chapter 17, subsection 5 (15) and the following substituted:

Disclosure of directions, orders, notices and decisions

103.  (1)  A person who has authority under this Act to make a direction, order, notice or decision affecting land also has authority to make an order requiring any person with an interest in the land, before dealing with the land in any way, to give a copy of the direction, order, notice or decision affecting the land to every person who will acquire an interest in the land as a result of the dealing.

Registration of requirement

(2)  A certificate setting out a requirement imposed under subsection (1) may be registered in the proper land registry office on the title of the land to which the requirement relates, if the certificate is in a form approved by the Minister, is signed or authorized by a person who has authority to make orders imposing requirements under subsection (1) and is accompanied by a registrable description of the land.

Same

(3)  A requirement imposed under subsection (1) that is set out in a certificate registered under subsection (2) is, from the time of registration, deemed to be directed to each person who subsequently acquires an interest in the land.

Dealings voidable

(4)  A dealing with land by a person who is subject to a requirement imposed under subsection (1) or (3) is voidable at the instance of a person who was not given the copy of the direction, order, notice or decision in accordance with the requirement.

Registration of withdrawal of requirement

(5)  A certificate of withdrawal of a requirement imposed under subsection (1) or (3) may be registered in the proper land registry office on the title of the land to which the requirement relates, if the certificate is in a form approved by the Minister, is signed or authorized by a person who has authority to make orders imposing requirements under subsection (1) and is accompanied by a registrable description of the land.

Same

(6)  On the registration under the Registry Act of a certificate of withdrawal of a requirement in accordance with subsection (5), the land registrar may delete the entries in the abstract index of the certificate setting out the requirement and the certificate of withdrawal of the requirement.

Same

(7)  Registration of a certificate of withdrawal of a requirement in accordance with subsection (5) has the effect of revoking the requirement.

Transition

(8)  This section, as it read immediately before the day subsection 5 (15) of the Brownfields Statute Law Amendment Act, 2001 came into force, continues to apply in respect of prohibitions issued under this section before that day.

See: 2001, c. 17, ss. 5 (15), 8.

Orders: ancillary authority

104.  (1) In this section,

Intermediate actions, etc.

(2) The authority to make an order under this Act includes the authority to require the person or body to whom the order is directed to take such intermediate action or such procedural steps or both as are related to the action required or prohibited by the order and as are specified in the order.

Access to land

(3) A person who has authority under this Act to make an order requiring that a thing be done on land also has authority to make an order requiring any person who owns, occupies or has the charge, management or control of the land to permit access to the land for the purpose of doing the thing.

Applies to all orders

(4) This section applies with respect to every order made under this Act whether or not the order was made before the 9th day of November, 1983. R.S.O. 1990, c. O.40, s. 104.

Administrative changes to permits, etc.

104.1  The Director may revoke or cancel a permit, alter the terms and conditions of a permit or approval or make an order amending or revoking a direction, order, report, notice or approval issued by the Director under this Act if the Director is satisfied that the revocation, cancellation, alteration or amendment is in the public interest and is desirable for administrative reasons to,

Presiding judge

105.  The counsel or agent acting on behalf of the Crown, by notice to the clerk of the Ontario Court of Justice, may require that a provincial judge preside over a proceeding in respect of an offence under this Act. R.S.O. 1990, c. O.40, s. 105; 2001, c. 9, Sched. G, s. 6 (44).

Service

106.  (1) Any document given or served under this Act or the regulations is sufficiently given or served if it is,

When service deemed made

(2) Where service is made by mail, the service shall be deemed to be made on the fifth day after the day of mailing unless the person on whom service is being made establishes that the person did not, acting in good faith, through absence, accident, illness or other cause beyond the person's control receive the document until a later date. R.S.O. 1990, c. O.40, s. 106 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by the Statutes of Ontario, 1998, chapter 35, section 69 by adding the following section:

Administrative penalties

106.1  (1) In this section,

Note: On the day section 69 of the Environmental Statute Law Amendment Act, 1998 comes into force, subsection (1) is repealed by the Statutes of Ontario, 2000, chapter 26, Schedule F, subsection 13 (12). See: 2000, c. 26, Sched. F, s. 13 (12).

Director may impose administrative penalties

(2) Where the Director is of the opinion that a person,

the Director may, subject to the regulations under subsection (13), issue a notice in writing requiring the person to pay an administrative penalty in the amount set out in the notice for each day or part of a day on which the contravention or failure occurred or continues.

Note: On the day section 69 of the Environmental Statute Law Amendment Act, 1998 comes into force, subsection (2) is amended by the Statutes of Ontario, 2000, chapter 22, subsection 2 (3) by adding "or" at the end of clause (b), by striking out "or" at the end of clause (c) and by repealing clause (d). See: 2000, c. 22, ss. 2 (3), 4 (3).

Limitation

(3) The Director shall not issue a notice in respect of a contravention or failure later than two years after the later of,

Amount of penalty, limited

(4) An administrative penalty in respect of a contravention or failure shall not exceed $5,000 for each day or part of a day on which the contravention or failure occurs or continues.

Note: On the day section 69 of the Environmental Statute Law Amendment Act, 1998 comes into force, subsection (4) is amended by the Statutes of Ontario, 2000, chapter 22, subsection 2 (4) by striking out "$5,000" and substituting "$10,000". See: 2000, c. 22, ss. 2 (4), 4 (3).

Contents of notice

(5) A notice of an administrative penalty shall be served on the person who is required to pay the penalty and shall,

Note: On the day section 69 of the Environmental Statute Law Amendment Act, 1998 comes into force, subsection (5) is amended by the Statutes of Ontario, 2000, chapter 26, Schedule F, subsection 13 (13) by striking out "Board" and substituting "Tribunal". See: 2000, c. 26, Sched. F, s. 13 (13).

Hearing may be required

(6) A person who is required by a notice to pay an administrative penalty may, within 15 days after service of the notice on the person, by a written notice served on the Director and the Board, require the Board to hold a hearing with respect to the matter to which the notice relates and, in such case, the requirement to pay is stayed until the disposition of the matter.

Note: On the day section 69 of the Environmental Statute Law Amendment Act, 1998 comes into force, subsection (6) is amended by the Statutes of Ontario, 2000, chapter 26, Schedule F, subsection 13 (13) by striking out "Board" and substituting "Tribunal". See: 2000, c. 26, Sched. F, s. 13 (13).

Board's powers on hearing

(7) At a hearing by the Board of a matter to which a notice of an administrative penalty relates, the Board shall determine whether in the circumstances, the notice should be confirmed, rescinded or amended.

Note: On the day section 69 of the Environmental Statute Law Amendment Act, 1998 comes into force, subsection (7) is amended by the Statutes of Ontario, 2000, chapter 26, Schedule F, subsection 13 (13) by striking out "Board" and substituting "Tribunal". See: 2000, c. 26, Sched. F, s. 13 (13).

Same

(8) The Board shall not vary the amount of the penalty unless the Board considers the amount to be unreasonable.

Note: On the day section 69 of the Environmental Statute Law Amendment Act, 1998 comes into force, subsection (8) is amended by the Statutes of Ontario, 2000, chapter 26, Schedule F, subsection 13 (13) by striking out "Board" and substituting "Tribunal". See: 2000, c. 26, Sched. F, s. 13 (13).

Same

(9) For greater certainty, the regulations made under subsection (13) apply to the Board's decisions under subsections (7) and (8).

Note: On the day section 69 of the Environmental Statute Law Amendment Act, 1998 comes into force, subsection (9) is amended by the Statutes of Ontario, 2000, chapter 26, Schedule F, subsection 13 (13) by striking out "Board" and substituting "Tribunal". See: 2000, c. 26, Sched. F, s. 13 (13).

No offence to be charged if penalty is paid

(10) If a person who is required by a notice by the Director or after a decision of the Board to pay an administrative penalty in respect of a contravention or failure pays the amount of the penalty in accordance with the notice or decision, the person shall not be charged with an offence in respect of the contravention or failure.

Note: On the day section 69 of the Environmental Statute Law Amendment Act, 1998 comes into force, subsection (10) is amended by the Statutes of Ontario, 2000, chapter 26, Schedule F, subsection 13 (13) by striking out "Board" and substituting "Tribunal". See: 2000, c. 26, Sched. F, s. 13 (13).

Failure to pay when required

(11) Where a person who is required to pay an administrative penalty in accordance with a notice by the Director fails to comply with the requirement and no hearing provided for under this section is pending in the matter or, after such hearing, fails to pay an administrative penalty in accordance with a decision of the Board,

Note: On the day section 69 of the Environmental Statute Law Amendment Act, 1998 comes into force, clause (a) is amended by the Statutes of Ontario, 2001, chapter 9, Schedule G, subsection 6 (46) by striking out "Ontario Court (General Division)" and substituting "Superior Court of Justice". See: 2001, c. 9, Sched. G, ss. 6 (46), 8 (5).

Note: On the day section 69 of the Environmental Statute Law Amendment Act, 1998 comes into force, subsection (11) is amended by the Statutes of Ontario, 2000, chapter 26, Schedule F, subsection 13 (13) by striking out "Board" and substituting "Tribunal". See: 2000, c. 26, Sched. F, s. 13 (13).

Same

(12) Section 129 of the Courts of Justice Act applies in respect of a notice or decision filed with the Ontario Court (General Division) under subsection (11) and, for the purpose, the date on which the notice or decision is filed shall be deemed to be the date of the order.

Note: On the day section 69 of the Environmental Statute Law Amendment Act, 1998 comes into force, subsection (12) is amended by the Statutes of Ontario, 2001, chapter 9, Schedule G, subsection 6 (47) by striking out "Ontario Court (General Division)" and substituting "Superior Court of Justice". See: 2001, c. 9, Sched. G, ss. 6 (47), 8 (5).

Regulations

(13) The Lieutenant Governor in Council may make regulations,

General or particular

(14) A regulation under subsection (13) may be general or particular in its application.

Application

(15) This section does not apply to contraventions or failures that occurred before this section came into force.

See: 1998, c. 35, ss. 69, 104 (2).

Offences

Contravention of Act or regulations

107.  (1) Every person that contravenes this Act or the regulations is guilty of an offence. R.S.O. 1990, c. O.40, s. 107 (1).

Offence re order, notice, direction

(2) Every person that fails to comply with an order, notice, direction, requirement or report made under this Act, other than an order under section 84, is guilty of an offence. R.S.O. 1990, c. O.40, s. 107 (2).

Offence re licence, permit, approval

(3) Every person that contravenes a term or condition of a licence, permit, approval or report made under this Act is guilty of an offence. R.S.O. 1990, c. O.40, s. 107 (3).

Offence re fees

(4)  Every person who fails to pay a fee that the person is required to pay under section 96 is guilty of an offence. 2001, c. 9, Sched. G, s. 6 (48).

Penalties, general

Individuals

108.  (1) Every individual convicted of an offence under this Act is liable,

Corporations

(2) Every corporation convicted of an offence under this Act is liable,

Penalties, more serious offences

Application of subss. (2) and (3)

109. (1) Subsections (2) and (3) apply to the following offences:

Corporations, subs. (1)

(2) Every corporation convicted of an offence described in subsection (1) is liable, in substitution for any penalty provided in section 108, for each day or part of a day on which the offence occurs or continues, to a fine of not more than $250,000 on a first conviction and not more than $500,000 on each subsequent conviction. 1998, c. 35, s. 72.

Individuals, subs. (1)

(3) Every individual convicted of an offence described in subsection (1) is liable, in substitution for any penalty provided in section 108,

Application of subss. (4) and (5)

(3.1)  Subsections (4) and (5) apply to the following offences:

Corporations, subs. (3.1)

(4) Every corporation convicted of an offence described in subsection (3.1) is liable, in substitution for any penalty elsewhere provided, for each day or part of a day on which the offence occurs or continues, to a fine of not more than $6,000,000 on a first conviction and not more than $10,000,000 on each subsequent conviction. 1998, c. 35, s. 72; 2000, c. 22, s. 2 (6).

Individuals, subs. (3.1)

(5) Every individual convicted of an offence described in subsection (3.1) is liable, in substitution for any penalty elsewhere provided,

Subsequent conviction

110.  For the purposes of determining the penalty to which a person is liable under section 108 or 109, a conviction for an offence under this Act is a subsequent conviction if the person has previously been convicted of an offence under,

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (b) is repealed by the Statutes of Ontario, 2002, chapter 4, subsection 65 (3) and the following substituted:

See: 2002, c. 4, ss. 65 (3), 67.

Penalty re monetary benefit

111.  The court that convicts a person of an offence under this Act, in addition to any other penalty imposed by the court, may increase a fine imposed upon the person by an amount equal to the amount of the monetary benefit acquired by or that accrued to the person as a result of the commission of the offence, despite any maximum fine elsewhere provided. R.S.O. 1990, c. O.40, s. 111.

Order to prevent damage, etc.

112.  (1) On its own initiative or on the request of the prosecutor, the court that convicts a person of an offence under this Act, in addition to any other penalty imposed by the court, may order the person,

Other conditions

(2) An order under subsection (1) may contain such other conditions relating to the circumstances of the offence and of the person that contributed to the commission of the offence as the court considers appropriate to prevent similar unlawful conduct or to contribute to rehabilitation.

Variation of order

(3) The court that made an order under subsection (1) may, at any time upon its own initiative or upon application by counsel for the prosecutor or upon the application of the person convicted or counsel or agent for the person convicted, with notice to the other party, after a hearing or, with the consent of the parties, without a hearing, make any changes in or additions to the conditions prescribed in the order that in the opinion of the court are rendered desirable by a change in circumstances.

Conflict

(4) Nothing in subsection (1) authorizes the making of an order that conflicts with an order, notice, direction or requirement or prevents the implementation of a report previously made under this Act by the Minister or a Director, but an order may be made under subsection (1) supplementing the provisions of an order in respect of the prevention, decrease or elimination of harm to the environment and the restoration of the environment. R.S.O. 1990, c. O.40, s. 112 (2-4).

(5) Repealed: 1998, c. 35, s. 74 (2).

Continuation in force

(6) Where a person bound by an order under subsection (1) is imprisoned, the order continues in force except in so far as the imprisonment renders it impossible for the person to comply for the time being with the order. R.S.O. 1990, c. O.40, s. 112 (6).

Restitution orders

112.1  (1) On its own initiative or on the request of the prosecutor, the court that convicts a person of an offence under this Act, in addition to any other penalty imposed by the court, may make an order for restitution against the person convicted of the offence, requiring the person to pay another person for reasonable expenses actually incurred by the other person on account of damage to property in which the other person has an interest that results from or is in any way connected to the commission of the offence, in such amount and on such terms and conditions as the court considers just. 1998, c. 35, s. 75.

Expenses incurred, interpretation

(2) For the purposes of subsection (1), expenses are incurred on account of damage to property if they are incurred,

Same

(3) For greater certainty, for the purposes of clause (2) (a), expenses incurred to provide an alternate water supply may be expenses incurred to prevent, eliminate or ameliorate damage. 1998, c. 35, s. 75.

Amount of order

(4) The amount of the order for restitution shall not exceed the replacement value of the property as of the date the order is issued. 1998, c. 35, s. 75.

No restitution to person who committed offence

(5) The court shall not make an order for restitution in favour of any person on account of damage that is the result of,

Notification of order

(6) Where a court makes an order for restitution, it shall cause a copy of the order or a notice of the content of the order to be given to the person to whom the restitution is ordered to be paid. 1998, c. 35, s. 75.

Filing of order in court

(7) An order for restitution may be filed with a local registrar of the Superior Court of Justice and the responsibility for filing shall be on the person to whom the restitution is ordered to be paid. 1998, c. 35, s. 75; 2001, c. 9, Sched. G, s. 6 (50).

Enforcement of order

(8) An order for restitution filed under subsection (7) may be enforced as if it were an order of the court. 1998, c. 35, s. 75.

Same

(9) Section 129 of the Courts of Justice Act applies in respect of an order for restitution filed under subsection (7) and, for the purpose, the date of filing shall be deemed to be the date of the order. 1998, c. 35, s. 75.

Civil remedy

(10) A civil remedy for an act or omission is not affected by reason only that an order for restitution under this section has been made in respect of that act or omission. 1998, c. 35, s. 75.

Forfeiture on conviction

112.2  (1) On its own initiative or on the request of the prosecutor, the court that convicts a person of an offence under this Act, in addition to any other penalty imposed by the court, may, if conviction is in relation to an offence in connection with which a thing has been seized under section 19 or 20 or under a warrant issued under the Provincial Offences Act, order that the thing be forfeited to the Crown. 1998, c. 35, s. 75.

Same

(2) The court shall not make an order under subsection (1) unless the court is satisfied that,

Contents of notice

(3) Notice under subsection (2) shall include,

Disposition of things forfeited

(4) A thing forfeited under this section may be disposed of as the Director directs. 1998, c. 35, s. 75.

Relief against forfeiture

(5) A person who had an interest in a thing forfeited under this section may apply to the Superior Court of Justice for relief against the forfeiture and the court may make an order providing for any relief that it considers appropriate, including, but not limited to, one or more of the following orders:

When relief not to be ordered

(6) The court shall not make an order for relief under subsection (5) in respect of a thing forfeited where the person applying for the relief,

Where fine not paid

112.3  (1) Where a person is convicted of an offence under this Act and a fine is imposed,

Application of subsections 112.2 (2) to (6)

(2) Subsections 112.2 (2) to (6) apply with necessary modifications in relation to an order under clause (1) (b). 1998, c. 35, s. 75.

Costs of seizure, etc.

112.4  If a person is convicted of an offence under this Act, the justice may, in addition to any other penalty, order the person to pay all or part of the expenses incurred by the Ministry with respect to the seizure, storage or disposition of any thing seized in connection with the offence. 1998, c. 35, s. 75.

Suspension for default in payment of fine

113.  (1) Where a person is in default of payment of a fine imposed upon conviction for an offence against this Act, the Environmental Protection Act, the Pesticides Act or the regulations made under any of them, on the application of the Director, an order may be made under subsection 69 (2) of the Provincial Offences Act directing that,

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is amended by the Statutes of Ontario, 2002, chapter 4, subsection 65 (4) by inserting "the Nutrient Management Act, 2002" after "the Environmental Protection Act". See: 2002, c. 4, ss. 65 (4), 67.

until the fine is paid.

Duty of Director

(2) The Director shall,

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (b) is amended by the Statutes of Ontario, 2001, chapter 9, Schedule G, subsection 6 (49) by striking out "any applicable prescribed administrative fee" and substituting "any applicable administrative fee". See: 2001, c. 9, Sched. G ss. 6 (49), 8 (4).

Regulations

(3) The Lieutenant Governor in Council may make regulations prescribing forms and procedures and respecting any matter considered necessary or advisable to carry out effectively the intent and purpose of this section.

Definition

(4) In this section,

Act of officer, etc., deemed act by corporation

114.  For the purposes of this Act and the regulations, an act or thing done or omitted to be done by an officer, official, employee or agent of a corporation in the course of his or her employment or in the exercise of his or her powers or the performance of his or her duties shall be deemed to be also an act or thing done or omitted to be done by the corporation. R.S.O. 1990, c. O.40, s. 114.

Official documents, evidence

115.  (1) In this section,

Same

(2) An official document, other than an official document mentioned in clause (1) (c) or (d), that purports to be signed by the Minister or an employee in the Ministry shall be received in evidence in any proceeding as proof, in the absence of evidence to the contrary, of the facts stated in the official document without proof of the signature or position of the person appearing to have signed the official document.

Idem

(3) An official document mentioned in clause (1) (c), (d) or (e) that purports to be signed by an analyst shall be received in evidence in any proceeding as proof, in the absence of evidence to the contrary, of the facts stated in the official document without proof of the signature or position of the person appearing to have signed the official document. R.S.O. 1990, c. O.40, s. 115.

Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by the Statutes of Ontario, 1998, chapter 35, section 76 by adding the following section:

Electronic signature

115.1  (1) Despite any requirement under this Act, for the purposes of anything done under this Act, a document may be prepared and signed by electronic means in an electronic format and may be filed by direct electronic transmission, if the preparation, signature and filing are in accordance with the regulations.

Deemed filing

(2) A printed copy of a document filed under subsection (1) shall be deemed to have been filed as the original document if it is printed in accordance with the regulations.

See: 1998, c. 35, ss. 76, 104 (2).

Duty of director or officer of corporation

116.  (1) Every director or officer of a corporation that engages in an activity that may result in the discharge of any material into or in any waters or on any shore or bank thereof or into or in any place that may impair the quality of the water of any waters contrary to this Act or the regulations has a duty to take all reasonable care to prevent the corporation from causing or permitting such unlawful discharge.

Offence

(2) Every person who has a duty under subsection (1) and who fails to carry out that duty is guilty of an offence.

Liability to conviction

(3) A director or officer of a corporation is liable to conviction under this section whether or not the corporation has been prosecuted or convicted. R.S.O. 1990, c. O.40, s. 116.

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