PART X SPILLS
Orders by Minister, spills
97 (1) Where a pollutant is spilled and the Minister is of the opinion that there is or is likely to be an adverse effect and that it is in the best interest of the public to make an order under this section, the Minister may make an order directed to one or more of the following: 1. The owner of the pollutant. 2. The person having control of the pollutant. 3. The owner or the person having the charge, management or control of any real property or personal property that is affected or that may reasonably be expected to be affected by the pollutant. 4. The municipality within whose boundaries the spill occurred. 5. Any municipality contiguous to the municipality within whose boundaries the spill occurred. 6. Any municipality that is affected or that may reasonably be expected to be affected by the spill of the pollutant. 7. Any public authority. 8. Any person who is or may be adversely affected by the pollutant or whose assistance is necessary, in the opinion of the Minister, to prevent, eliminate or ameliorate the adverse effects or to restore the natural environment.  R.S.O. 1990, c. E.19, s. 97 (1); 2002, c. 17, Sched. F, Table. Content of orders (2) In an order under this section, the Minister may require the doing of everything practicable or the taking of such action as may be specified in the order in respect of the prevention, elimination and amelioration of the adverse effects and the restoration of the natural environment within such period or periods of time as may be specified in the order.  R.S.O. 1990, c. E.19, s. 97 (2). Idem (3) In an order under this section, the Minister may require the doing of everything practicable or the taking of such action as may be specified in the order in respect of the use or disposal of, (a) the pollutant; or (b) any matter, thing, plant or animal or any part of the natural environment affected or that may reasonably be expected to be affected by the pollutant, within such period or periods of time as may be specified in the order.  R.S.O. 1990, c. E.19, s. 97 (3). Amendment or revocation of order (4) The Minister by an order may amend or revoke an order made under this section.  R.S.O. 1990, c. E.19, s. 97 (4). Effect of any Act, regulation, etc. (5) The Minister may make an order under this section despite any Act, regulation, by-law, order, permit, approval or licence.  R.S.O. 1990, c. E.19, s. 97 (5). Hearing (6) The Minister need not hold or afford to any person an opportunity for a hearing before making an order under this section.  R.S.O. 1990, c. E.19, s. 97 (6); 2006, c. 19, Sched. K, s. 2 (3). Notice of order (7) The Minister may direct, orally or in writing, a representative of the Ministry to give a written notice setting out an order of the Minister made orally or in writing under this section.  R.S.O. 1990, c. E.19, s. 97 (7). Effect of notice (8) An order of the Minister set out in a notice under subsection (7) is for all purposes an order of the Minister made under this section.  R.S.O. 1990, c. E.19, s. 97 (8). Service of order or notice (9) Where an order under this section or a notice under subsection (7) that sets out an order is given to an employee or agent of an employer or principal named in the order, the order shall be deemed to be given to the employer or principal.  R.S.O. 1990, c. E.19, s. 97 (9). Writing required (10) An order under this section is not effective unless it is set out in writing or is set out in a notice referred to in subsection (7).  R.S.O. 1990, c. E.19, s. 97 (10). Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. F, Table - 01/01/2003 2006, c. 19, Sched. K, s. 2 (3) - 22/06/2006