Pesticides Act

R.S.O. 1990, CHAPTER P.11

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

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

Amended by: 1993, c. 27, Sched.; 1994, c. 27, s. 117; 1997, c. 37, s. 5; 1998, c. 35, ss. 77-102; 2000, c. 22, s. 3; 2000, c. 26, Sched. F, s. 14; 2001, c. 9, Sched. G, s. 7; 2001, c. 17, s. 6; 2002, c. 4, s. 66; 2002, c. 17, Sched. C, s. 22.

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CONTENTS

Interpretation

1.  (1)  In this Act,

Idem, Director

(2)  In this Act,

Health or safety

(3)  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. 6 (2).

Powers and duties of Minister

2.  The Minister, for the purpose of the administration of this Act and the regulations, may,

Appointment of Directors

3.  (1)  The Minister shall appoint in writing such employees of the Ministry 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.

Limitation of authority of Director

(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. P.11, s. 3.

Prohibited use of pesticides

4.  No person, whether acting or not acting under the authority of a licence or permit under this Act or an exemption under the regulations, shall discharge or cause or permit the discharge of a pesticide or of any substance or thing containing a pesticide into the environment that,

Licences relating to exterminations

Prohibition as to exterminations

5.  (1)  No person shall engage in, perform or offer to perform an extermination except under and in accordance with a licence of a prescribed class and except by the use of a pesticide of a class and under the conditions for use prescribed for that class of licence or unless exempt under the regulations.

Licence required to operate extermination business

(2)  No person shall operate an extermination business except under and in accordance with a licence of a prescribed class or unless exempt under the regulations.

Idem, assistant structural exterminator

(3)  No person shall serve for a period of more than six months as an assistant to the holder of a licence to perform structural exterminations unless the person is licensed as an assistant exterminator or is exempt under the regulations.

Notice as to assistants to land exterminators or water exterminators

(4)  No person shall serve for a period of more than seven days as an assistant to the holder of a licence to perform land exterminations or water exterminations unless the holder of the licence to perform the exterminations notifies the Director in writing or the person is exempt under the regulations. R.S.O. 1990, c. P.11, s. 5.

Licence to sell, offer to sell or transfer

6.  Unless exempt by the regulations, no person shall sell, offer to sell or transfer any pesticide unless the pesticide is classified in accordance with the regulations and except under and in accordance with a licence that shall be for such class and in respect of each premises on, in or from which the pesticide is or will be sold, offered for sale or transferred. R.S.O. 1990, c. P.11, s. 6; 1997, c. 37, s. 5 (1).

Where permit required

7.  (1)  No person shall perform a land extermination or a structural extermination,

prescribed for the purpose of this section unless the person is the holder of a permit for the land extermination or the structural extermination issued by the Director or is exempt under the regulations.

Idem

(2)  No person shall perform a water extermination unless the person is the holder of a permit issued by the Director for the water extermination or is exempt under the regulations. R.S.O. 1990, c. P.11, s. 7.

Act of officer, etc., of corporation

8.  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. P.11, s. 8.

Liability insurance

9.  An operator shall insure against liability or furnish a bond as provided for by the regulations. R.S.O. 1990, c. P.11, s. 9.

Advisory Committee

10.  (1)  The Committee known as the Pesticides Advisory Committee established under The Pesticides Act, being chapter 346 of the Revised Statutes of Ontario, 1970, and consisting of not fewer than ten members appointed by the Lieutenant Governor in Council one of whom may be designated by the Lieutenant Governor in Council as chair and for whom the Lieutenant Governor in Council may appoint a person who is not a member as secretary, is continued under the name Pesticides Advisory Committee in English and Comité consultatif sur les pesticides in French.

Quorum

(2)  Six members of the Committee constitute a quorum.

Functions

(3)  The Committee shall,

Licences and permits: issue, renewal and revocation

11.  (1)  Subject to subsection (2), the Director shall issue or renew a licence under section 5 or 6, and subject to subsection (3), the Director shall issue a permit under section 7 to any person who applies for the licence or permit, as the case may be, in accordance with the regulations and who meets the requirements of this Act and the regulations for the particular class of licence or for the permit applied for and who pays the fee prescribed for the licence or permit.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is amended by the Statutes of Ontario, 2001, chapter 9, Schedule G, subsection 7 (1) by striking out "the fee prescribed" and substituting "the required fee". See: 2001, c. 9, Sched. G, ss. 7 (1), 8 (6).

Revocation and refusal of licence

(2)  Subject to section 13, the Director may refuse to issue or renew a licence or may suspend or revoke a licence where, in the opinion of the Director,

Revocation and refusal of permit

(3)  The Director may refuse to issue or may cancel a permit, may impose terms and conditions in issuing or after issuing a permit and may alter the terms and conditions of a permit that has been issued where the Director is of the opinion, upon reasonable and probable grounds, that,

Term of licence

12.  A licence expires as prescribed by the regulations. R.S.O. 1990, c. P.11, s. 12.

Review, refusal to issue licences, etc.

13.  (1)  Where the Director proposes,

he or she shall serve notice of the proposal, together with written reasons therefor, on the applicant, licensee or person to whom the Director intends to direct the control order. R.S.O. 1990, c. P.11, s. 13 (1).

Notice

(2)  A notice under subsection (1) shall state that the applicant, licensee or person to whom the Director intends to direct the control order that is entitled to a hearing by the Tribunal if they mail or deliver to the Director and the Tribunal, within fifteen days after the notice under subsection (1) is served on them, notice in writing requiring a hearing. R.S.O. 1990, c. P.11, s. 13 (2); 2000, c. 26, Sched. F, s. 14 (4).

Powers of Director where no hearing

(3)  Where an applicant, licensee or person to whom the Director intends to direct the control order does not require a hearing by the Tribunal in accordance with subsection (2), the Director may carry out the proposal stated in the notice under subsection (1). R.S.O. 1990, c. P.11, s. 13 (3); 2000, c. 26, Sched. F, s. 14 (4).

Powers of Tribunal where hearing

(4)  Where an applicant, licensee or person to whom the Director intends to direct the control order requires a hearing by the Tribunal in accordance with subsection (2), 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 this Act and the regulations, and for such purposes the Tribunal may substitute its opinion for that of the Director. R.S.O. 1990, c. P.11, s. 13 (4); 2000, c. 26, Sched. F, s. 14 (4).

Extension of time for requiring hearing

(5)  The Tribunal may extend the time for the giving of notice requiring a hearing by an applicant, licensee or person to whom the Director intends to direct a control order referred to in subsection (1), either before or after the expiration of such time, where it is satisfied that there are reasonable grounds for applying for the extension and that there are apparent grounds for granting relief to the applicant, licensee or person to whom the Director intends to direct the control order 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. P.11, s. 13 (5); 2000, c. 26, Sched. F, s. 14 (4).

Continuation of licence pending renewal

(6)  Where, within the time prescribed therefor or, if no time is prescribed, before expiry of a licence, the licensee has applied for a renewal of the licence and paid the prescribed fee, the licence shall be deemed to continue,

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (6) is amended by the Statutes of Ontario, 2001, chapter 9, Schedule G, subsection 7 (2) by striking out "the prescribed fee" and substituting "the required fee". See: 2001, c. 9, Sched. G, ss. 7 (2), 8 (6).

Emergency notice

(7)  Despite subsection (6), where the Director is of the opinion that an emergency exists by reason of,

the Director, by a notice to a licensee or to a person to whom the Director intends to direct a control order, together with written reasons therefor, may refuse to renew, suspend or revoke a licence or make, amend or vary a control order and, even if the licensee or person to whom the control order is directed requires a hearing by the Tribunal, the licence shall not be deemed to continue or the suspension, revocation or the making, amendment or variation of the control order is effective upon the service of the notice, as the case requires. R.S.O. 1990, c. P.11, s. 13 (7); 2000, c. 26, Sched. F, s. 14 (4).

Where permit cancelled or terms or conditions imposed or altered

(8)  Where the Director refuses to issue or cancels a permit or imposes or alters a term or condition in a permit that has been issued, the Director shall forthwith thereafter serve or cause to be served notice of his or her decision, upon the applicant or permittee, together with written reasons therefor. R.S.O. 1990, c. P.11, s. 13 (8).

Reconsideration

(9)  Where the Director issues a permit subject to a term or condition, refuses to issue or cancels a permit or imposes or alters a term or condition in a permit that has been issued and the applicant or permittee makes submissions to the Director, the Director, within three days after receiving the submissions, shall reconsider and vary, rescind or confirm his or her decision and shall serve or cause to be served notice of such variance, rescission or confirmation upon the applicant or permittee together with written reasons therefor and where the Director varies or rescinds the decision, the Director shall take such action as may be necessary to make the variation or rescission effective. R.S.O. 1990, c. P.11, s. 13 (9).

Notice

(10)  A permit issued by the Director subject to a term or condition and a notice under subsection (8) shall inform the applicant or permittee that they are entitled to make submissions to the Director, in person or by an agent and by telephone or otherwise and that they are entitled to a hearing by the Tribunal if they mail or deliver to the Director and the Tribunal, within fifteen days after the notice under subsection (9) is served on them, notice in writing requiring a hearing and they may so make such submissions and so require such a hearing. R.S.O. 1990, c. P.11, s. 13 (10); 2000, c. 26, Sched. F, s. 14 (4).

Effect of service of notice

(11)  Despite the making of submissions by an applicant or a permittee under subsection (10), the issuance of a permit subject to a term or condition or the cancellation of a permit or the imposition or alteration of a term or condition in a permit that has been issued by the Director is effective upon the issuance of the permit or upon the service of the notice under subsection (8). R.S.O. 1990, c. P.11, s. 13 (11).

Application of subss. (4), (5)

(12)  Subsections (4) and (5) apply with necessary modifications to a hearing by the Tribunal required under subsection (10). R.S.O. 1990, c. P.11, s. 13 (12); 2000, c. 26, Sched. F, s. 14 (4).

Hearings

14.  (1)  The Director, the applicant, licensee, permittee or person to whom the Director intends to direct a control order who has required a hearing and such other persons as the Tribunal may specify are parties to proceedings before the Tribunal under section 13. R.S.O. 1990, c. P.11, s. 14 (1); 2000, c. 26, Sched. F, s. 14 (4).

Notice of hearing

(2)  The Tribunal shall afford to the applicant, licensee, permittee or person to whom the Director intends to direct a control order a reasonable opportunity to show or to achieve compliance before the hearing with all lawful requirements for the issue or retention of the licence or permit or to take such action as will preclude the necessity for making, amending or varying the control order. R.S.O. 1990, c. P.11, s. 14 (2); 1994, c. 27, s. 117; 2000, c. 26, Sched. F, s. 14 (4); 2001, c. 9, Sched. G, s. 7 (3).

Examination of documentary evidence

(3)  An applicant, licensee, permittee or person to whom the Director intends to direct a control order who is a party to proceedings under section 13 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. P.11, s. 14 (3).

Members holding hearing not to have taken part in investigation, etc.

(4)  Members of the Tribunal holding a hearing shall not have taken part before the hearing in any investigation or consideration of the subject-matter of the hearing and shall not communicate directly or indirectly in relation to the subject-matter of the hearing with any person or with any party or party's representative except upon notice to and opportunity for all parties to participate, but the Tribunal may seek legal advice from an adviser independent from the parties and in such case the nature of the advice shall be made known to the parties in order that they may make submissions as to the law. R.S.O. 1990, c. P.11, s. 14 (4); 2000, c. 26, Sched. F, s. 14 (4).

(5)  Repealed: 1997, c. 37, s. 5 (2).

Findings of fact

(6)  The findings of fact of the Tribunal following on a hearing shall be based exclusively on evidence admissible or matters that may be noticed under the Statutory Powers Procedure Act. 1998, c. 35, s. 78; 2000, c. 26, Sched. F, s. 14 (4).

(7)  Repealed: 2000, c. 26, Sched. F, s. 14 (3).

Release of documentary evidence

(8)  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. P.11, s. 14 (8); 2000, c. 26, Sched. F, s. 14 (4).

Appeals

15.  (1)  Any party to proceedings before the Tribunal may appeal from its decision or order on a question of law to the Divisional Court in accordance with the rules of court. R.S.O. 1990, c. P.11, s. 15 (1); 2000, c. 26, Sched. F, s. 14 (4).

(2)  Repealed: 1997, c. 37, s. 5 (4).

Minister entitled to be heard

(3)  The Minister is entitled to be heard by counsel or otherwise upon the argument of an appeal under subsection (1). R.S.O. 1990, c. P.11, s. 15 (3).

Appeal to Minister

(4)  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 (1), 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. P.11, s. 15 (4); 2000, c. 26, Sched. F, s. 14 (4).

Protection from personal liability

16.  (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 an employee of the Ministry, a member of the Tribunal or the Committee or a Crown employee within the meaning of the Public Service Act who is a provincial officer or is acting under the direction of an employee of the Ministry, or such member or provincial officer 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. P.11, s. 16 (1); 2000, c. 26, Sched. F, s. 14 (4).

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. P.11, s. 16 (2).

Provincial officers

17.  (1)  The Minister may designate in writing one or more officers or employees of the Ministry or other persons as provincial officers for the purposes of this Act and the regulations. R.S.O. 1990, c. P.11, s. 17 (1).

Provincial officers are peace officers

(2)  A provincial officer is a peace officer for the purpose of enforcing this Act. 1998, c. 35, s. 79.

Investigation and prosecution

(3)  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. 79.

Obstruction

(4)  No person shall hinder or obstruct any provincial officer or any employee or agent of the Ministry in the performance of his or her duties under this Act. 1998, c. 35, s. 79.

False information

(5)  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, any employee or agent of the Ministry or any person involved in carrying out a program of the Ministry in respect of any matter related to this Act or the regulations. 1998, c. 35, s. 79; 2001, c. 9, Sched. G, s. 7 (4).

Same

(6)  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. 79.

Refusal to furnish information

(7)  No person shall refuse to furnish any provincial officer, the Minister, the Ministry or any employee or agent of the Ministry with information required for the purposes of this Act and the regulations. 1998, c. 35, s. 79.

Calling for assistance of member of police force

18.  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. R.S.O. 1990, c. P.11, s. 18.

Inspection by provincial officer

19.  (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 records

(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. 80.

Inspection of vehicles and vessels

19.1  (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 pesticide.

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 19 (2) as are reasonably required for the administration of this Act or the regulations.

Same

(10)  Subsections 19 (3), (4) and (5) apply to the exercise of a power under subsection (9). 1998, c. 35, s. 80.

Power to administer other statutes

19.2  A provincial officer who exercises any power set out in section 19, 19.1, 22, 23 or 23.1 may, if the provincial officer is designated as such under the Environmental Protection Act or the Ontario Water Resources Act, as the case may be, do anything authorized by,

Note: On a day to be named by proclamation of the Lieutenant Governor, section 19.2 is repealed by the Statutes of Ontario, 2002, chapter 4, subsection 66 (1) and the following substituted:

Power to administer other Acts

19.2  A provincial officer who exercises any power set out in section 19, 19.1, 22, 23 or 23.1 may, if the provincial officer is designated as such under the Environmental Protection Act, the Nutrient Management Act, 2002 or the Ontario Water Resources Act, as the case may be, do anything authorized by,

See: 2002, c. 4, ss. 66 (1), 67.

Entry to dwellings

19.3  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 20. 1998, c. 35, s. 80.

Identification

19.4  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. 81.

Entry, etc., may be prohibited

19.5  (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

19.6  (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. 81.

Securing of place

19.7  Where an order under section 19.5 or 19.6 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. 81.

Order of justice: authorizing inspection

20.  (1)  A justice may issue an order authorizing a provincial officer to do anything set out in subsection 19 (1) or (2) or section 19.1 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 19 (1) or (2) or section 19.1 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 19 (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. 82.

Samples and copies

21.  A provincial officer may detain samples or copies obtained under section 19, 19.1 or 20 for any period and for any of the purposes of this Act and the regulations. 1998, c. 35, s. 83.

Seizure during inspection

22.  During an inspection under section 19, 19.1 or 20, 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

23.  (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, without warrant or court order, may seize any thing if,

(4)  Repealed: 1998, c. 35, s. 84.

Detention or removal

23.1  (1)  A provincial officer who seizes any thing under section 22 or 23 may remove the thing or may detain it in the place where it is seized.

Receipt

(2)  Where possible, the provincial officer shall inform the person from whom a thing is seized under section 22 or 23 as to the reason for the seizure and shall give the person a receipt for the thing seized. 1998, c. 35, s. 85.

Report to justice re: seizure

24.  (1)  A provincial officer who seizes any thing during an inspection or search under section 22 or 23 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. 86.

Seizure

(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 22 or 23. R.S.O. 1990, c. P.11, s. 24 (2).

Disposition of certain things

24.1  (1)  Where the Director believes that, given the nature of a thing seized under section 22 or 23, 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 22 or 23 believes that the thing will rot, spoil or otherwise perish, the person may dispose of the thing.

Non-application of provision

(3)  Section 24 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. 87.

Notice of disposal

24.2  (1)  Where a thing has been disposed of in accordance with section 24.1, 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

24.3  (1)  On the application of the Director, the Superior Court of Justice may order that a thing seized under section 22 or 23 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. 87; 2001, c. 9, Sched. G, s. 7 (17).

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. 87.

Relief against forfeiture

(5)  A person who had an interest in a thing forfeited under section 24.1 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

25.  (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. 88 (3).

Order for use of monitoring device, etc.

25.1  (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. 89.

Permit or licence condition, permission to inspect

26.  It is a condition of every permit or licence under this Act that the holder must forthwith on request permit provincial officers to carry out inspections authorized by section 19, 19.1 or 20 of this Act, section 156, 156.1 or 158 of the Environmental Protection Act or section 15, 15.1 or 17 of the Ontario Water Resources Act of any place, other than any room actually used as a dwelling, to which the permit or licence relates. 1998, c. 35, s. 90.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 26 is amended by the Statutes of Ontario, 2002, chapter 4, subsection 66 (2) by inserting "section 13, 14 or 16 of the Nutrient Management Act, 2002" after "Environmental Protection Act". See: 2002, c. 4, ss. 66 (2), 67.

Order by provincial officer: contraventions

26.1  (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,

Amendment or revocation of order under s. 26.1

26.2  (1)  An order issued under section 26.1 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. 91.

Review, order under ss. 26.1 or 26.2

26.3  (1)  A person to whom an order under section 26.1 or 26.2 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. 91.

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. 91.

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. 91.

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. 91.

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. 91.

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),

Non-application of notice requirement under s. 13

26.4  Section 13 does not apply to orders under sections 26.1, 26.2 and 26.3. 1998, c. 35, s. 91.

Appeal to Tribunal, order under s. 26.3

26.5  (1)  Where the Director has made an order under section 26.3, any person to whom the order is directed may, by written notice served on the Director and the Tribunal within 15 days after service on the person of a copy of the order require a hearing by the Tribunal. 1998, c. 35, s. 91; 2000, c. 26, Sched. F, s. 14 (4).

Extension of time for requiring hearing

(2)  The Tribunal may extend the time for giving notice under subsection (1) where it is satisfied that there are reasonable grounds for the extension and that there are apparent grounds for granting relief. 1998, c. 35, s. 91; 2000, c. 26, Sched. F, s. 14 (4).

Same

(3)  The Tribunal may give such directions as it considers proper consequent on the extension. 1998, c. 35, s. 91; 2000, c. 26, Sched. F, s. 14 (4).

Effect of Director's order

(4)  Section 143 of the Environmental Protection Act applies with necessary modifications to orders made under section 26.3 of this Act. 1998, c. 35, s. 91.

Examination of documentary evidence

(5)  The person requiring the hearing by the Tribunal 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. 1998, c. 35, s. 91; 2000, c. 26, Sched. F, s. 14 (4).

Rules governing Tribunal hearings

(6)  Subsections 14 (4) to (8) apply to hearings under this section. 1998, c. 35, s. 91.

Parties

(7)  The Director, the person requiring the hearing and any other person specified by the Tribunal are parties to the hearing. 1998, c. 35, s. 91; 2000, c. 26, Sched. F, s. 14 (4).

Powers of Tribunal

(8)  The Tribunal may by order confirm, alter or revoke the order of the Director and for the purpose the Tribunal may substitute its own opinion for that of the Director. 1998, c. 35, s. 91; 2000, c. 26, Sched. F, s. 14 (4).

Appeals from Tribunal hearings

(9)  Section 15 applies to decisions of the Tribunal under this section. 1998, c. 35, s. 91; 2000, c. 26, Sched. F, s. 14 (4).

Stop order

27.  (1)  Where the Director or a provincial officer is of the opinion, upon reasonable and probable grounds, that an emergency exists by reason of,

consequent upon the handling, storage, use, disposal, transportation or display of a pesticide or a substance or thing containing a pesticide, the Director or provincial officer, as the case may be, may make an oral or written stop order directed to the person responsible for the pesticide or the substance or thing containing the pesticide ordering such person to stop immediately the handling, storage, use, disposal, transportation or display of the pesticide or the substance or thing containing the pesticide either permanently or for a specific period of time. R.S.O. 1990, c. P.11, s. 27 (1).

Immediate appeal

(2)  A person who is affected by a stop order made by a provincial officer under subsection (1) may appeal therefrom in person or by an agent and by telephone or otherwise to the Director and the Director, after receiving the submissions of the person and of the provincial officer, shall vary, rescind or confirm the stop order of the provincial officer. R.S.O. 1990, c. P.11, s. 27 (2).

Written reasons for order

(3)  Where the Director makes a stop order or varies or confirms a stop order under subsection (2), the Director shall forthwith thereafter serve or cause to be served a written copy of the stop order or a written copy of the stop order as varied or confirmed, as the case requires, together with written reasons therefor, upon the person to whom the stop order or the stop order as varied or confirmed is directed. R.S.O. 1990, c. P.11, s. 27 (3).

Public notice

(4)  The Director shall give notice of the stop order or the varied or confirmed stop order, together with written reasons therefor, to the municipality in which the emergency exists and to the public in such manner as the Director considers appropriate. R.S.O. 1990, c. P.11, s. 27 (4).

Notice

(5)  A stop order, or a stop order as varied or confirmed under subsection (3) shall state that the person to whom it is directed is entitled to a hearing by the Tribunal if the person mails or delivers to the Director and the Tribunal, within fifteen days after a copy of the stop order, or the stop order as varied or confirmed, under subsection (3), is served on the person, notice in writing requiring a hearing. R.S.O. 1990, c. P.11, s. 27 (5); 2000, c. 26, Sched. F, s. 14 (4).

Effect of stop order

(6)  Even if an appeal is taken against a stop order, the stop order is effective at and from the time it is communicated to the person to whom it is directed until confirmed, varied or rescinded on appeal and such person shall comply with the stop order immediately. R.S.O. 1990, c. P.11, s. 27 (6).

Appeal to Tribunal

(7)  Where the Director has made a stop order or has varied or confirmed upon appeal to the Director a stop order made by a provincial officer, any person to whom the order is directed may, by written notice mailed to or served upon the Director and the Tribunal within fifteen days after service upon the person of a copy of the stop order or of the stop order as varied or confirmed, as the case requires, require a hearing by the Tribunal. R.S.O. 1990, c. P.11, s. 27 (7); 2000, c. 26, Sched. F, s. 14 (4).

Powers of Tribunal where hearing

(8)  Where a person to whom a stop order is directed requires a hearing by the Tribunal in accordance with subsection (7), the Tribunal shall appoint a time and place for and hold the hearing and the Tribunal may by order confirm, alter or rescind the order of the Director and for such purposes the Tribunal may substitute its opinion for that of the Director. R.S.O. 1990, c. P.11, s. 27 (8); 2000, c. 26, Sched. F, s. 14 (4).

Parties

(9)  The Director, the person who has required the hearing and such other persons as the Tribunal may specify are parties to proceedings before the Tribunal under this section. R.S.O. 1990, c. P.11, s. 27 (9); 2000, c. 26, Sched. F, s. 14 (4).

Procedure

(10)  Subsection 13 (5), subsections 14 (2), (3), (4), (6) and (8) and section 15 apply with necessary modifications to proceedings under this section. R.S.O. 1990, c. P.11, s. 27 (10); 2001, c. 9, Sched. G, s. 7 (5).

Revocation of stop order

(11)  The Director, by an order, may rescind a stop order and in such case shall serve or cause to be served a copy of the rescinding order upon the person to whom the stop order was directed and shall give notice of the rescinding order to the municipality referred to in subsection (4) and to the public in such manner as the Director considers appropriate. R.S.O. 1990, c. P.11, s. 27 (11).

Control order

28.  (1)  Where the handling, storage, use, disposal, transportation or display of a pesticide or a substance or thing containing a pesticide,

the Director, subject to section 13, may make a control order directed to the person responsible for the pesticide or the substance or thing containing the pesticide.

Content of control order

(2)  The Director, in a control order, may order the person to whom the order is directed to,

Amendment of control order

(3)  The Director, under any of the circumstances set out in subsection (1) and in accordance with subsection (2), by a further order, may amend or vary a control order and sections 13, 14 and 15 apply with necessary modifications.

Revocation of control order

(4)  The Director, by an order, may rescind a control order and in such case shall serve or cause to be served a copy of the rescinding order upon the person to whom the control order was directed. R.S.O. 1990, c. P.11, s. 28.

Discharge of pesticide, Director to be notified

29.  Every person who discharges a pesticide or a substance or thing containing a pesticide in or into the environment out of the normal course of events that,

shall forthwith notify the Director. R.S.O. 1990, c. P.11, s. 29.

Damage repair, cleaning and decontamination

Minister may order repair of damage

30.  (1)  Where any person discharges or causes or permits the discharge of a pesticide or a substance or thing containing a pesticide that causes or is likely to cause injury or damage to or impairment of,

the Minister, where he or she is of the opinion that it is in the public interest to do so, may order the person responsible for the pesticide or the substance or thing containing the pesticide to do all things and take all steps within such time or times as may be specified in the order for the purpose of preventing or repairing, as the case requires, such injury or damage or impairment or to restore such quality.

Cleaning and decontamination

(2)  Every person responsible for a pesticide or a substance or thing containing a pesticide shall take such measures and do such things within such time or times with respect to the cleaning and decontamination of the environment, or any plant or animal life, substance or thing that has come into contact with a pesticide by any means other than in accordance with this Act and the regulations or a licence, permit or order thereunder as may be prescribed.

Idem

(3)  No person shall use the environment or any plant or animal life, substance or thing that has come into contact with a pesticide by any means other than in accordance with this Act and the regulations or a licence, permit or order thereunder unless the cleaning and decontamination thereof has been completed in the prescribed manner or has been approved by the Director in writing. R.S.O. 1990, c. P.11, s. 30.

Orders, successors, etc., bound, records

Successors and assigns

31.  (1)  An order of a court, the Minister, the Director or a provincial officer 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. 6 (3).

Limitation

(2)  If, pursuant to subsection (1), an 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 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. 6 (3).

Receivers and trustees

(3)  An order of a court, the Minister, the Director or a provincial officer under this Act that relates to property is binding on a receiver or trustee that holds or administers the property. 2001, c. 17, s. 6 (3).

Limitation

(4)  If, pursuant to subsection (3), an order is binding on a trustee, other than a trustee in bankruptcy, the trustee's obligation to incur costs to comply with the order 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. 6 (3).

Exception

(5)  Subsection (3) does not apply to an 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. 6 (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. 6 (3).

Index record

(8)  The Ministry shall maintain an alphabetical index record of the names of all persons to whom orders are directed under this Act. 2001, c. 17, s. 6 (3).

Expiry of order, etc.

(9)  When an order has expired or is rescinded or set aside, the Ministry shall note that fact in the index record. 2001, c. 17, s. 6 (3).

Search of index record

(10)  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 order relating to that person. 2001, c. 17, s. 6 (3).

Definitions, ss. 31.1 to 31.6

31.1  In this section and in sections 31.2 to 31.6,

Interpretation, ss. 31.3 to 31.6

31.2  Sections 31.3 to 31.6 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. 6 (3).

Actions taken by municipalities

31.3  (1)  For the purposes of this Act, 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:

Actions taken by secured creditors

31.4  (1)  For the purposes of this Act, 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:

Receivers and trustees in bankruptcy

31.5  (1)  A receiver or trustee in bankruptcy is not required to comply with any order under this Act that is issued by the Minister, the Director or a provincial officer 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. (1)

(2)  Notice under clause (1) (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. 6 (3).

Obligations of fiduciaries

31.6  If the Minister, the Director or a provincial officer issues an 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 order is limited to the value of the assets they hold or administer on the date they are served with the order, less their reasonable costs of holding or administering the assets, unless the order arose from the gross negligence or wilful misconduct of the fiduciary or fiduciary representative. 2001, c. 17, s. 6 (3).

The Crown

32.  This Act binds the Crown. R.S.O. 1990, c. P.11, s. 32.

Licences or permits not transferable

33.  A licence or a permit under this Act is not transferable. R.S.O. 1990, c. P.11, s. 33.

Exemption from regulations, applicants for licence

34.  Where, in the opinion of the Director, it is in the public interest to do so, the Director may exempt an applicant for a licence issued by the Director under section 6 or the holder of such a licence from any provision of the regulations and issue a licence to the applicant or modify the licence of the licensee, as the case may be, upon such terms and conditions, or alter or revoke the terms and conditions, as the Director considers necessary. R.S.O. 1990, c. P.11, s. 34.

Regulations

35.  The Lieutenant Governor in Council may make regulations,

Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 3 is amended by the Statutes of Ontario, 2001, chapter 9, Schedule G, subsection 7 (6) by striking out "and prescribing fees therefor" at the end. See: 2001, c. 9, Sched. G, ss. 7 (6), 8 (6).

Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 5 is amended by the Statutes of Ontario, 2001, chapter 9, Schedule G, subsection 7 (7) by striking out "the issue of permits, prescribing fees therefor and" and substituting "the issue of permits and". See: 2001, c. 9, Sched. G, ss. 7 (7), 8 (6).

Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 7 is amended by the Statutes of Ontario, 2001, chapter 9, Schedule G, subsection 7 (8) by striking out "and prescribing fees for such examinations" at the end. See: 2001, c. 9, Sched. G, ss. 7 (8), 8 (6).

Scope of regulations

36.  (1)  Any regulation may be general or particular in its application and may be limited as to time or place or both.

Adoption of codes in regulations

(2)  Any 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 or procedure, and may require compliance with any code, formula, standard or procedure so adopted. R.S.O. 1990, c. P.11, s. 36.

Fees

37.  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. 7 (10).

Service

38.  (1)  Any document given, served or delivered under this Act is sufficiently given, served or delivered 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. 1998, c. 35, s. 93.

Enforcement of performance of things required to be done

39.  Where the Minister or the Director has authority to order or require that any matter or thing be done, the Minister may order that, in default of its being done by the person ordered or required to do it, such matter or thing shall be done at the expense of such person, and the Minister may recover the cost of doing it, with costs, by action in a court of competent jurisdiction as a debt due to the Crown by such person. R.S.O. 1990, c. P.11, s. 39.

40.  Repealed: 1998, c. 35, s. 94.

Presiding judge

41.  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. P.11, s. 41; 2001, c. 9, Sched. G, s. 7 (11).

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 95 by adding the following section:

Director may impose administrative penalties

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

the Director may, subject to the regulations under subsection (12), 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 95 of the Environmental Statute Law Amendment Act, 1998 comes into force, subsection (1) is amended by the Statutes of Ontario, 2000, chapter 22, subsection 3 (1) 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. 3 (1), 4 (4).

Limitation

(2)  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

(3)  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 95 of the Environmental Statute Law Amendment Act, 1998 comes into force, subsection (3) is amended by the Statutes of Ontario, 2000, chapter 22, subsection 3 (2) by striking out "$5,000" and substituting "$10,000". See: 2000, c. 22, ss. 3 (2), 4 (4).

Contents of notice

(4)  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 41.1 comes into force, clause (d) is amended by the Statutes of Ontario, 2000, chapter 26, Schedule F, subsection 14 (4) by striking out "Board" and substituting "Tribunal". See: 2000, c. 26, Sched. F, s. 14 (4).

Hearing may be required

(5)  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 41.1 comes into force, subsection (5) is amended by the Statutes of Ontario, 2000, chapter 26, Schedule F, subsection 14 (4) by striking out "Board" and substituting "Tribunal". See: 2000, c. 26, Sched. F, s. 14 (4).

Board's powers on hearing

(6)  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 41.1 comes into force, subsection (6) is amended by the Statutes of Ontario, 2000, chapter 26, Schedule F, subsection 14 (4) by striking out "Board" and substituting "Tribunal". See: 2000, c. 26, Sched. F, s. 14 (4).

Same

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

Note: On the day section 41.1 comes into force, subsection (7) is amended by the Statutes of Ontario, 2000, chapter 26, Schedule F, subsection 14 (4) by striking out "Board" and substituting "Tribunal". See: 2000, c. 26, Sched. F, s. 14 (4).

Same

(8)  For greater certainty, the regulations under subsection (12) apply to decisions of the Board under subsections (6) and (7).

Note: On the day section 41.1 comes into force, subsection (8) is amended by the Statutes of Ontario, 2000, chapter 26, Schedule F, subsection 14 (4) by striking out "Board" and substituting "Tribunal". See: 2000, c. 26, Sched. F, s. 14 (4).

No offence to be charged if penalty is paid

(9)  Where 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 41.1 comes into force, subsection (9) is amended by the Statutes of Ontario, 2000, chapter 26, Schedule F, subsection 14 (4) by striking out "Board" and substituting "Tribunal". See: 2000, c. 26, Sched. F, s. 14 (4).

Failure to pay when required

(10)  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 41.1 comes into force, subsection (10) is amended by the Statutes of Ontario, 2000, chapter 26, Schedule F, subsection 14 (4) by striking out "Board" and substituting "Tribunal". See: 2000, c. 26, Sched. F, s. 14 (4).

Note: On the day section 95 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 7 (12) by striking out "Ontario Court (General Division)" and substituting "Superior Court of Justice". See: 2001, c. 9, Sched. G, ss. 7 (12), 8 (7).

Same

(11)  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 (10) 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 95 of the Environmental Statute Law Amendment Act, 1998 comes into force, subsection (11) is amended by the Statutes of Ontario, 2001, chapter 9, Schedule G, subsection 7 (13) by striking out "Ontario Court (General Division)" and substituting "Superior Court of Justice". See: 2001, c. 9, Sched. G, ss. 7 (13), 8 (7).

Regulations

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

General or particular

(13)  A regulation under subsection (12) may be general or particular in its application.

Application

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

See: 1998, c. 35, ss. 95, 104 (2).

Offences

Contravention of Act or regulations

42.  (1)  Every person who contravenes this Act or a regulation is guilty of an offence. R.S.O. 1990, c. P.11, s. 42 (1).

Offence, orders

(2)  Every person who fails to comply with an order under this Act is guilty of an offence. R.S.O. 1990, c. P.11, s. 42 (2).

Offence, licence or permit

(3)  Every person who fails to comply with a term or condition of a licence or permit made or issued under this Act is guilty of an offence. R.S.O. 1990, c. P.11, s. 42 (3).

Offence re fees

(4)  Every person who fails to pay a fee that the person is required to pay under section 37 is guilty of an offence. 2001, c. 9, Sched. G, s. 7 (14).

Penalties, general

Individuals

43.  (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,

Penalty re monetary benefit

44.  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. P.11, s. 44.

Penalties, more serious offences

Application of subss. (2) and (3)

45.  (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 43, 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. 97 (1).

Individuals, subs. (1)

(3)  Every individual convicted of an offence described in subsection (1) is liable, in substitution for any penalty provided in section 43,

Application of subss. (3.1) and (3.2)

(3.0.1)  Subsections (3.1) and (3.2) apply to the following offences:

Corporations, subs. (3.0.1)

(3.1)  Every corporation convicted of an offence described in subsection (3.0.1) 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. 97 (1); 2000, c. 22, s. 3 (5).

Individuals, subs. (3.0.1)

(3.2)  Every individual convicted of an offence described in subsection (3.0.1) is liable, in substitution for any penalty elsewhere provided,

Subsequent conviction

(4)  For the purposes of determining the penalty to which a person is liable under section 43 or under this section, a conviction of the person 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 amended by the Statutes of Ontario, 2002, chapter 4, subsection 66 (3) by striking out "or" at the end and by adding the following clause:

See: 2002, c. 4, ss. 66 (3), 67.

Order to prevent damage, etc.

46.  (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. R.S.O. 1990, c. P.11, s. 46 (2).

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. R.S.O. 1990, c. P.11, s. 46 (3).

Conflict

(4)  Nothing in subsection (1) authorizes the making of an order that conflicts with an order previously made under this Act by the Minister or the 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. P.11, s. 46 (4).

(5)  Repealed: 1998, c. 35, s. 98 (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. P.11, s. 46 (6).

Restitution orders

46.1  (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. 99.

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. 99.

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. 99.

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. 99.

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. 99; 2001, c. 9, Sched. G, s. 7 (17).

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. 99.

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. 99.

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. 99.

Forfeiture on conviction

46.2  (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 22 or 23 or under a warrant issued under the Provincial Offences Act, order that the thing be forfeited to the Crown. 1998, c. 35, s. 99.

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. 99.

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

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

Application of subss. 46.2 (2) to (6)

(2)  Subsections 46.2 (2) to (6) apply with necessary modifications in relation to an order under clause (1) (b). 1998, c. 35, s. 99.

Costs of seizure, etc.

46.4  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. 99.

Suspension for default in payment of fine

47.  (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 Ontario Water Resources 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 66 (4) by inserting "the Nutrient Management Act, 2002" after "the Environmental Protection Act". See: 2002, c. 4, ss. 66 (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 7 (15) by striking out "any applicable prescribed administrative fee" and substituting "any applicable administrative fee". See: 2001, c. 9, Sched. G, ss. 7 (15), 8 (6).

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,

Limitation

48.  A proceeding for an offence against this Act or the regulations shall not be commenced after two years after the date on which the offence was, or is alleged to have been, committed. R.S.O. 1990, c. P.11, s. 48.

Duty of director or officer of corporation

49.  (1)  Every director or officer of a corporation that engages in an activity that may cause an effect mentioned in subsection (3) 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 effect.

Offence

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

Effects

(3)  The effect referred to in subsection (1) is any one or more of,

from a pesticide or any substance or thing containing a pesticide to a greater degree than would necessarily result from the proper use or storage of the pesticide.

Liability to conviction

(4)  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. P.11, s. 49.

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

50.  (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. R.S.O. 1990, c. P.11, s. 50 (2).

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. P.11, s. 50 (3).

(4)  Repealed: 1998, c. 35, s. 100 (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. R.S.O. 1990, c. P.11, s. 50 (5).

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. R.S.O. 1990, c. P.11, s. 50 (6).

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. P.11, s. 50 (7).

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

Service on municipal corporations

50.1  (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. 101.

Official documents, evidence

51.  (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. P.11, s. 51.

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 102 by adding the following section:

Electronic signature

51.1  (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. 102, 104 (2).

Proceedings to prohibit continuation or repetition of contravention

52.  (1)  Where any provision of this Act or the regulations or any direction, order, licence or permit made, served, delivered or issued by the Minister or the Director under this Act is contravened, despite any other remedy or any penalty imposed, the Minister may apply to a judge of the Superior Court of Justice for an order prohibiting the continuation or repetition of the contravention or the carrying on of any activity specified in the order that, in the opinion of the court, will or will likely result in the continuation or repetition of the contravention by the person committing the contravention, and the judge may make the order and it may be enforced in the same manner as any other order or judgment of the Superior Court of Justice. R.S.O. 1990, c. P.11, s. 52 (1); 2001, c. 9, Sched. G, s. 7 (17).

Appeal

(2)  An appeal lies to the Divisional Court from an order made under subsection (1). R.S.O. 1990, c. P.11, s. 52 (2).

Power to restrain by order upon conviction

(3)  Upon its own initiative or upon application 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. P.11, s. 52 (3).

Administrative changes to control orders and permits

52.1  The Director may rescind or amend a control order, cancel a permit or alter a term or condition in a permit if the Director is satisfied that the rescission, amendment, cancellation or alteration is in the public interest and is desirable for administrative reasons to,

Conflict with other legislation

53.  Where a conflict appears between this Act or the regulations and any other Act or regulation in a matter related to pesticides and the control of pests, this Act or the regulations shall prevail. R.S.O. 1990, c. P.11, s. 53.

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