PART II GENERAL PROVISIONS
Approval, plant or production process
9 (1) No person shall, except under and in accordance with an environmental compliance approval, (a) use, operate, construct, alter, extend or replace any plant, structure, equipment, apparatus, mechanism or thing that may discharge or from which may be discharged a contaminant into any part of the natural environment other than water; or (b) alter a process or rate of production with the result that a contaminant may be discharged into any part of the natural environment other than water or the rate or manner of discharge of a contaminant into any part of the natural environment other than water may be altered.  R.S.O. 1990, c. E.19, s. 9 (1); 2010, c. 16, Sched. 7, s. 2 (4). (2) Repealed:  2010, c. 16, Sched. 7, s. 2 (5). Exceptions (3) Subsection (1) does not apply to, (a) routine maintenance carried out on any plant, structure, equipment, apparatus, mechanism or thing; (b) equipment for the combustion of fuel, other than waste incinerators, in buildings or structures designed for the housing of not more than three families; (c) any equipment, apparatus, mechanism or thing in or used in connection with a building or structure designed for the housing of not more than three families where the only contaminant produced by such equipment, apparatus, mechanism or thing is sound or vibration; (d) any plant, structure, equipment, apparatus, mechanism or thing that may be a source of contaminant of a class exempted therefrom by the regulations; (e) any plant, structure, equipment, apparatus, mechanism or thing used in agriculture; (f) any motor or motor vehicle that is subject to section 75.1 of the Highway Traffic Act or any other vehicle that uses or incorporates a motor as a source of power.  R.S.O. 1990, c. E.19, s. 9 (3); 2019, c. 14, Sched. 8, s. 3. Exception, prescribed activities (4) Subsection (1) does not apply to a person who is engaging in an activity at a site if the activity has been prescribed by the regulations for the purposes of subsection 20.21 (1), unless one of the following circumstances applies: 1. An environmental compliance approval in respect of the activity engaged in at the site has been issued before the day when a regulation prescribing the activity for the purposes of subsection 20.21 (1) comes into force, and the approval has not ceased to have effect as determined under section 20.17. 2. Subject to subsection (5), the Director has issued an order under section 20.18 in respect of the activity at the site.  2010, c. 16, Sched. 7, s. 2 (6). Same (5) If a registration under Part II.2 is in effect in respect of an activity engaged in at a site when the Director issues an order under section 20.18 in respect of the activity, subsection (1) applies only once the Director has removed the registration from the Environmental Activity and Sector Registry established under Part II.2.  2010, c. 16, Sched. 7, s. 2 (6). (6), (7) Repealed:  2010, c. 16, Sched. 7, s. 2 (6). (8)-(11) Repealed:  2010, c. 16, Sched. 7, s. 2 (8). Section Amendments with date in force (d/m/y) 2001, c. 17, s. 2 (3)
- 01/10/2004 2010, c. 16, Sched. 7, s. 2 (4-6, 8) - 31/10/2011; 2010, c. 16, Sched. 7, s. 2 (7) - 25/10/2010 2019, c. 14, Sched. 8, s. 3 - 01/07/2022