hordruma/ontario_laws_and_regs huggingface dataset:
PART XV.2 SPECIAL PROVISIONS APPLICABLE TO MUNICIPALITIES, SECURED CREDITORS, RECEIVERS, TRUSTEES IN BANKRUPTCY, FIDUCIARIES AND PROPERTY INVESTIGATORS
Actions taken by secured creditors
168.17 (1) A secured creditor or a secured creditor representative who takes an action described in subsection (2) is not, for that reason alone, (a) a person who is or was in occupation of a source of contaminant for the purpose of subsection 7 (1) or 8 (1); (b) a person who has or had the charge, management or control of a source of contaminant for the purpose of subsection 7 (1) or 8 (1); (c) a person responsible for the purpose of section 12; (d) a person who has or had management or control of an undertaking or property for the purpose of subsection 18 (1); (e) a person who has or had charge and control of land, a building or waste for the purpose of section 43; (f) an occupant or previous occupant of land or a building for the purpose of section 43; (g) a person having control of a pollutant for the purpose of subsection 97 (1); (h) a person having the charge, management or control of any real property or personal property for the purpose of subsection 97 (1); or (i) a person who has management or control of an undertaking or property for the purpose of subsection 157.1 (1).  2001, c. 17, s. 2 (39); 2005, c. 12, s. 1 (46). Actions (2) The actions referred to in subsection (1) are the following: 1. Any action taken for the purpose of conducting, completing or confirming an investigation relating to the secured property. 2. Any action taken for the purpose of preserving or protecting the secured property, including action to, i. ensure the supply of water, sewage services, electricity, artificial or natural gas, steam, hot water, heat or maintenance, ii. secure the property by means of locks, gates, fences, security guards or other means, iii. ensure that the property is insured under a contract of insurance, or iv. pay taxes due or collect rents owing with respect to the property. 3. Any action taken on the secured property for the purpose of responding to, i. any danger to the health or safety of any person that results from the presence or discharge of a contaminant on, in or under the property, ii. any impairment or serious risk of impairment of the quality of the natural environment for any use that can be made of it that results from the presence or discharge of a contaminant on, in or under the property, or iii. any injury or damage or serious risk of injury or damage to any property or to any plant or animal life that results from the presence or discharge of a contaminant on, in or under the property. 4. Any other action prescribed by the regulations.  2001, c. 17, s. 2 (39). Section Amendments with date in force (d/m/y) 2001, c. 17, s. 2 (39)
- 01/12/2002 2005, c. 12, s. 1 (46)
- 13/06/2005
PART XV.2 SPECIAL PROVISIONS APPLICABLE TO MUNICIPALITIES, SECURED CREDITORS, RECEIVERS, TRUSTEES IN BANKRUPTCY, FIDUCIARIES AND PROPERTY INVESTIGATORS
Secured creditor becoming owner by foreclosure
168.18 (1) If a secured creditor becomes the owner of the secured property by virtue of a foreclosure, the Minister, the Director or a provincial officer shall not, in respect of the period described in subsection (3), issue any order under any provision of this Act to the secured creditor or a secured creditor representative with respect to the property unless the order arises from, (a) the gross negligence or wilful misconduct of the secured creditor or secured creditor representative; or (b) circumstances prescribed by the regulations.  2001, c. 17, s. 2 (39). Consent order (2) Subsection (1) does not apply to an order issued with the written consent of the secured creditor or secured creditor representative.  2001, c. 17, s. 2 (39). 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 earlier of the following days: 1. The fifth anniversary of the day the secured creditor became the owner of the property by virtue of a foreclosure. 2. The day the secured creditor ceases to be the owner of the property.  2006, c. 19, Sched. K, s. 2 (8). 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, but the period may not be extended beyond the day the secured creditor ceases to be the owner of the property.  2006, c. 19, Sched. K, s. 2 (8). Section Amendments with date in force (d/m/y) 2001, c. 17, s. 2 (39)
- 01/12/2002 2006, c. 19, Sched. K, s. 2 (8) - 22/06/2006
PART XV.2 SPECIAL PROVISIONS APPLICABLE TO MUNICIPALITIES, SECURED CREDITORS, RECEIVERS, TRUSTEES IN BANKRUPTCY, FIDUCIARIES AND PROPERTY INVESTIGATORS
Receivers and trustees in bankruptcy
168.19 (1) The Minister, the Director or a provincial officer shall not issue any 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 order arises from, (a) the gross negligence or wilful misconduct of the receiver, receiver representative, trustee in bankruptcy or trustee in bankruptcy representative; or (b) circumstances prescribed by the regulations.  2001, c. 17, s. 2 (39). Consent order (2) Subsection (1) does not apply to an order issued with the written consent of the receiver, receiver representative, trustee in bankruptcy or trustee in bankruptcy representative.  2001, c. 17, s. 2 (39). Section Amendments with date in force (d/m/y) 2001, c. 17, s. 2 (39)
- 01/12/2002 Exceptional circumstances, secured creditors, receivers and trustees in bankruptcy
PART XV.2 SPECIAL PROVISIONS APPLICABLE TO MUNICIPALITIES, SECURED CREDITORS, RECEIVERS, TRUSTEES IN BANKRUPTCY, FIDUCIARIES AND PROPERTY INVESTIGATORS
Secured creditors
168.21 (1) If, in the course of or as a result of taking any action described in subsection 168.17 (2), a secured creditor or secured creditor representative becomes aware of circumstances prescribed by the regulations, the secured creditor shall give notice to a provincial officer in the manner prescribed by the regulations.  2001, c. 17, s. 2 (39). Same (2) If a secured creditor became the owner of the secured property by virtue of a foreclosure and, during the period described in subsection 168.18 (3), the secured creditor or a secured creditor representative becomes aware of circumstances prescribed by the regulations, the secured creditor shall give notice to a provincial officer in the manner prescribed by the regulations.  2001, c. 17, s. 2 (39). Receivers and trustees in bankruptcy (3) If a receiver, trustee in bankruptcy, receiver representative or trustee in bankruptcy representative becomes aware, during the period that the receiver or trustee in bankruptcy holds or administers property, of circumstances prescribed by the regulations, the receiver or trustee in bankruptcy shall give notice to a provincial officer in the manner prescribed by the regulations.  2001, c. 17, s. 2 (39). Section Amendments with date in force (d/m/y) 2001, c. 17, s. 2 (39)
- 01/12/2002
PART XV.2 SPECIAL PROVISIONS APPLICABLE TO MUNICIPALITIES, SECURED CREDITORS, RECEIVERS, TRUSTEES IN BANKRUPTCY, FIDUCIARIES AND PROPERTY INVESTIGATORS
Reports of investigations of contaminants, secured creditors, etc.
168.22 On the written request of the Director, a secured creditor, receiver or trustee in bankruptcy shall, within the time specified in the request, provide the Director with a copy of any report that is in the possession or control of the secured creditor, receiver or trustee in bankruptcy and that was prepared in the course of or as a result of an investigation to determine whether a contaminant is present or is being discharged on, in or under property.  2001, c. 17, s. 2 (39). Section Amendments with date in force (d/m/y) 2001, c. 17, s. 2 (39)
- 01/12/2002 Fiduciaries
PART XV.2 SPECIAL PROVISIONS APPLICABLE TO MUNICIPALITIES, SECURED CREDITORS, RECEIVERS, TRUSTEES IN BANKRUPTCY, FIDUCIARIES AND PROPERTY INVESTIGATORS
Obligations of fiduciaries
168.23 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. 2 (39). Section Amendments with date in force (d/m/y) 2001, c. 17, s. 2 (39)
- 01/12/2002
PART XV.2 SPECIAL PROVISIONS APPLICABLE TO MUNICIPALITIES, SECURED CREDITORS, RECEIVERS, TRUSTEES IN BANKRUPTCY, FIDUCIARIES AND PROPERTY INVESTIGATORS
Notice of prescribed circumstances, fiduciaries
168.24 If, in the course of or as a result of exercising or performing the fiduciary’s powers or duties with respect to fiduciary property, a fiduciary or fiduciary representative becomes aware of circumstances prescribed by the regulations, the fiduciary shall give notice to a provincial officer in the manner prescribed by the regulations.  2001, c. 17, s. 2 (39). Section Amendments with date in force (d/m/y) 2001, c. 17, s. 2 (39)
- 01/12/2002
PART XV.2 SPECIAL PROVISIONS APPLICABLE TO MUNICIPALITIES, SECURED CREDITORS, RECEIVERS, TRUSTEES IN BANKRUPTCY, FIDUCIARIES AND PROPERTY INVESTIGATORS
Reports of investigations of contaminants, fiduciaries
168.25 On the written request of the Director, a fiduciary shall, within the time specified in the request, provide the Director with a copy of any report that is in the possession or control of the fiduciary and that was prepared in the course of or as a result of an investigation to determine whether a contaminant is present or is being discharged on, in or under property.  2001, c. 17, s. 2 (39). Section Amendments with date in force (d/m/y) 2001, c. 17, s. 2 (39)
- 01/12/2002 Investigations of Property and Actions to Reduce Concentration of Contaminants
PART XV.2 SPECIAL PROVISIONS APPLICABLE TO MUNICIPALITIES, SECURED CREDITORS, RECEIVERS, TRUSTEES IN BANKRUPTCY, FIDUCIARIES AND PROPERTY INVESTIGATORS
Investigations of property, etc.
168.26 A person who conducts, completes or confirms an investigation in relation to property or a person who takes any action to reduce the concentration of contaminants on, in or under a property is not, for that reason alone, (a) a person who is or was in occupation of a source of contaminant for the purpose of subsection 7 (1) or 8 (1); (b) a person who has or had the charge, management or control of a source of contaminant for the purpose of subsection 7 (1) or 8 (1); (c) a person responsible for the purpose of section 12; (d) a person who has or had management or control of an undertaking or property for the purpose of subsection 18 (1); (e) a person who has or had charge and control of land, a building or waste for the purpose of section 43; (f) an occupant or previous occupant of land or a building for the purpose of section 43; (g) a person having control of a pollutant for the purpose of subsection 97 (1); (h) a person having the charge, management or control of any real property or personal property for the purpose of subsection 97 (1); or (i) a person who has management or control of an undertaking or property for the purpose of subsection 157.1 (1).  2001, c. 17, s. 2 (39); 2005; c. 12, s. 1 (48); 2007, c. 7, Sched. 13, s. 12 (2). Section Amendments with date in force (d/m/y) 2001, c. 17, s. 2 (39)
- 01/12/2002 2005, c. 12, s. 1 (48)
- 13/06/2005 2007, c. 7, Sched. 13, s. 12 (1, 2) - 17/05/2007 PART XVI   ENVIRONMENTAL COUNCIL
PART XVI ENVIRONMENTAL COUNCIL
Environmental Council established
170 (1) A council to be known in English as the Environmental Council and in French as Conseil de l’environnement may be established and shall consist of not fewer than seven and not more than eleven persons appointed by the Lieutenant Governor in Council, each to hold office for a term of not more than three years. Chair and vice-chair (2) The Lieutenant Governor in Council may appoint one of the members of the Council as chair and another of the members as vice-chair. Members (3) The composition of the Council shall be such as to provide for competent and knowledgeable persons in matters relating to the natural environment. Vacancies (4) Vacancies in the membership of the Council may be filled by the Lieutenant Governor in Council. Remuneration (5) The members of the Council shall be paid such remuneration and expenses as the Lieutenant Governor in Council from time to time may determine.  R.S.O. 1990, c. E.19, s. 170.
PART XVI ENVIRONMENTAL COUNCIL
Duties of Council
171 The Council, through its chair, shall, (a) advise the Minister as to the results of current research related to, (i) pollution, and (ii) the natural environment; and (b) consider any matter affecting the quality of the environment which the Council or the Minister deems advisable and advise the Minister thereon through its chair.  R.S.O. 1990, c. E.19, s. 171. PART XVII   MISCELLANEOUS 172 Repealed: 2019, c. 14, Sched. 8, s. 13. Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 8, s. 13 - 01/08/2020
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Permits
shall apply for, procure the issue or renewal of or have possession of a permit for the vehicle. Number plates (2) No person whose permit or number plates for a vehicle, (a) have been seized and are held in custody under section 48; (b) are under suspension or detention under section 49 or 51; or (c) are detained under section 50, shall apply for, procure the issue of or have in the person’s possession or on the vehicle number plates for the vehicle.  R.S.O. 1990, c. E.19, s. 53. Note: On a day to be named by proclamation of the Lieutenant Governor, section 53 of the Act is repealed. (See: 2019, c. 9, Sched. 7, s. 1) Section Amendments with date in force (d/m/y) 2019, c. 9, Sched. 7, s. 1 - not in force
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Action by municipality or designated persons, spills
or any one or more of them, may do everything practicable to prevent, eliminate and ameliorate any adverse effects and to restore the natural environment.  R.S.O. 1990, c. E.19, s. 100 (1); 2002, c. 17, Sched. F, Table; 2005, c. 12, s. 1 (20). Right of entry and immunity from prosecution (2) A municipality or a person or member of a class of persons designated by the regulations acting under subsection (1) or an employee or agent of any of them so acting has the rights of a person under section 95 and, if acting in good faith and in a reasonable manner, the immunity conferred on a person by section 98.  R.S.O. 1990, c. E.19, s. 100 (2); 2002, c. 17, Sched. F, Table. Co-operation with others (3) A municipality or a person or a member of a class of persons designated by the regulations acting under subsection (1) must, (a) co-ordinate efforts with; (b) make use of the expertise of; and (c) not impede, a person carrying out a duty, order or direction under this Part.  R.S.O. 1990, c. E.19, s. 100 (3); 2002, c. 17, Sched. F, Table. Right to compensation (4) A municipality or a person or member of a class of persons designated by the regulations has the right to compensation from the owner of the pollutant and the person having control of the pollutant for all reasonable cost and expense incurred in acting under subsection (1).  R.S.O. 1990, c. E.19, s. 100 (4); 2002, c. 17, Sched. F, Table. Enforcement (5) The right to compensation under subsection (4) may be enforced by action in a court of competent jurisdiction.  R.S.O. 1990, c. E.19, s. 100 (5). Application of subss. 99 (6) to (12) (6) Where the right to compensation under subsection (4) arises, subsections 99 (6) to (12) apply with necessary modifications.  R.S.O. 1990, c. E.19, s. 100 (6); 2002, c. 24, Sched. B, s. 35. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. F, Table - 01/01/2003; 2002, c. 24, Sched. B, s. 35 - 01/01/2004 2005, c. 12, s. 1 (20)
- 13/06/2005
PART XVII MISCELLANEOUS
Agreement by municipality
173 A municipality may enter into an agreement with the Minister under clause 4 (1) (j) and a municipality that enters into such an agreement has all the powers necessary to carry out the agreement.  1998, c. 35, s. 28. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 28 - 01/02/1999
PART XVII MISCELLANEOUS
Evidence of documents
175 (1) In this section, “official document” means, (a) an approval, consent, licence, notice, permit, order, return, certificate of property use or other certificate, environmental compliance approval or renewable energy approval under this Act or the regulations or a confirmation of registration under Part II.2, (b) a certificate as to service of a document mentioned in clause (a), (c) a certificate or report as to the analysis, description, ingredients, quality, quantity or temperature of any solid, liquid or gas or any combination of any of them, (d) a certificate or report as to the analysis, description, quality or quantity of any odour, heat, sound, vibration, radiation or any combination of any of them, (e) a certificate or report as to the custody of any solid, liquid or gas or any combination of any of them, (f) a certificate as to the custody of any book, record or report or as to the custody of any other document, or (g) a certificate as to whether or not any document or notification was received or issued by the Minister or the Ministry under this Act or the regulations.  R.S.O. 1990, c. E.19, s. 175 (1); 2001, c. 17, s. 2 (41); 2009, c. 12, Sched. G, s. 18; 2010, c. 16, Sched. 7, s. 2 (67). Official documents as evidence (2) An official document, other than an official document mentioned in clause (1) (c) or (d), that purports to be signed by the Minister, the Director 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.  R.S.O. 1990, c. E.19, s. 175 (2). 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. E.19, s. 175 (3). Section Amendments with date in force (d/m/y) 2001, c. 17, s. 2 (41)
- 01/10/2004 2009, c. 12, Sched. G, s. 18 - 24/09/2009 2010, c. 16, Sched. 7, s. 2 (67) - 31/10/2011
PART XVII MISCELLANEOUS
Regulations, general rules
177 (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.  1997, c. 7, s. 5. Classes (2) A regulation may apply in respect of any class of activity, matter, person or thing.  1997, c. 7, s. 5. 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.  1997, c. 7, s. 5. Adoption of documents 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 document, including a code, formula, standard, protocol or procedure, and may require compliance with any document so adopted.  2010, c. 16, Sched. 7, s. 2 (75). Rolling incorporation by reference (5) The power to adopt by reference and require compliance with a document in subsection (4) includes the power to adopt a document as it may be amended from time to time.  2010, c. 16, Sched. 7, s. 2 (76). When effective (6) The adoption of an amendment to a document 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. 5; 2010, c. 16, Sched. 7, s. 2 (77). Section Amendments with date in force (d/m/y) 1997, c. 7, s. 5 - 05/06/1997 2010, c. 16, Sched. 7, s. 2 (75-77) - 25/10/2010
PART XVII MISCELLANEOUS
Bar of action
177.1 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 a licence, environmental compliance approval, renewable energy approval or permit.  1997, c. 7, s. 5; 2009, c. 12, Sched. G, s. 21; 2010, c. 16, Sched. 7, s. 2 (78). Section Amendments with date in force (d/m/y) 1997, c. 7, s. 5 - 05/06/1997 2009, c. 12, Sched. G, s. 21 - 24/09/2009 2010, c. 16, Sched. 7, s. 2 (78) - 31/10/2011 178. Repealed:  2001, c. 25, s. 484 (2). Section Amendments with date in force (d/m/y) 2001, c. 25, s. 484 (2)
- 01/01/2003
PART XVII MISCELLANEOUS
Conflict with other legislation
179 (1) Where a conflict appears between any provision of this Act or the regulations and any other Act or regulation in a matter related to the natural environment or a matter specifically dealt with in this Act or the regulations, the provision of this Act or the regulations shall prevail. Idem (2) Subsection (1) does not apply in respect of section 178 and the enactment of section 178 or a by-law pursuant to section 178 does not affect the validity of an Act that was in force immediately before the 8th day of October, 1975.  R.S.O. 1990, c. E.19, s. 179.
PART XVII MISCELLANEOUS
Fees
179.1 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. 5 (12). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. G, s. 5 (12) - 29/06/2001
PART XVII MISCELLANEOUS
Protection from personal liability
180 (1) No action or other proceeding may be instituted against the following persons 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 such a duty or authority: 1.  Repealed:  2009, c. 33, Sched. 2, s. 28 (2). 2. An employee in the Ministry. 3. A provincial officer employed under Part III of the Public Service of Ontario Act, 2006. 4. A public servant employed under Part III of the Public Service of Ontario Act, 2006 who is acting under the direction of a person described in paragraph 2 or 3.  2006, c. 35, Sched. C, s. 36 (8); 2009, c. 33, Sched. 2, ss. 28 (2, 3). Exception (1.1) Subsection (1) does not apply in the case of an application for judicial review or an action or proceeding that is specifically provided for under this or any other Act with respect to a person referred to in that subsection.  2006, c. 35, Sched. C, s. 36 (8). Crown not relieved of liability (2) Subsection (1) does not, by reason of subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (1) 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. 2019, c. 7, Sched. 17, s. 68. Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. E, s. 3 (2) - 06/12/2000; 2000, c. 26, Sched. F, s. 12 (11) - 06/12/2000 2006, c. 35, Sched. C, s. 36 (8) - 20/08/2007 2009, c. 33, Sched. 2, s. 28 (2, 3) - 15/12/2009; 2009, c. 33, Sched. 15, s. 5 (7) - 15/12/2009 2019, c. 7, Sched. 17, s. 68 - 01/07/2019