PART XV.1 RECORDS OF SITE CONDITION
Consequences of filing record of site condition
168.7 (1) If a record of site condition is filed in the Registry in accordance with section 168.4 with respect to a property, no order shall be issued to any of the following persons under section 7, 8, 12, 17, 18, 97, 157 or 157.1 in respect of a contaminant that was discharged into the natural environment before the certification date and was on, in or under the property as of the certification date: 1. The person who filed or who submitted for filing the record of site condition or a subsequent owner of the property. 2. A person who is in occupation of the property or who was in occupation of the property at any time after the record of site condition was filed. 3. A person who has charge, management or control of the property or who had charge, management or control of the property at any time after the record of site condition was filed. 4. A person who meets the requirements prescribed by the regulations and who, before the certification date, i. owned the property, ii. was in occupation of the property, or iii. had charge, management or control of the property.  2001, c. 17, s. 2 (36); 2007, c. 7, Sched. 13, s. 8 (1, 2). False or misleading information, etc. (2) Subsection (1) does not apply if the record of site condition contains false or misleading information or false or misleading certifications.  2007, c. 7, Sched. 13, s. 8 (3). Contaminants that move to other property (3) Subsection (1) does not apply if, after the certification date, any of the contaminant moved from the property to which the record of site condition relates to another property.  2001, c. 17, s. 2 (36). Different use (4) If the actual use of the property is different from the use specified under paragraph 3 of subsection 168.4 (2) in the record of site condition, subsection (1) does not apply to a person who causes or permits the change in use and who owns, occupies or has charge, management or control of the property at the time of the change unless, (a) the record of site condition did not contain any certification under subparagraph 4 ii of subsection 168.4 (1); (b) all of the full depth background site condition standards that are applicable under the regulations to the actual use are the same as or less stringent than the full depth background site condition standards that are applicable to the use specified in the record of site condition, if the record of site condition contained a certification under sub-subparagraph 4 i A of subsection 168.4 (1); (c) all of the full depth generic site condition standards that are applicable under the regulations to the actual use are the same as or less stringent than the full depth generic site condition standards that are applicable to the use specified in the record of site condition, if the record of site condition contained a certification under sub-subparagraph 4 i B of subsection 168.4 (1); and (d) all of the stratified site condition standards that are applicable under the regulations to the actual use are the same as or less stringent than the stratified site condition standards that are applicable to the use specified in the record of site condition, if the record of site condition contained a certification under sub-subparagraph 4 i C of subsection 168.4 (1).  2007, c. 7, Sched. 13, s. 8 (5). Contravention of certificate of property use, etc. (5) Despite subsection (1), an order may be issued under section 157 against a person who contravenes a term or condition of, (a) a certificate of property use; or (b) an order made under this Act in respect of risk management measures described in a record of site condition filed in the Registry under subsection 168.4 (6).  2001, c. 17, s. 2 (36). Contravention of soil management or disposal regulations (6) Despite subsection (1), an order may be issued under section 157 against a person who contravenes a provision of a regulation made under clause 176 (1) (g) or 176 (10) (m).  2001, c. 17, s. 2 (36). Order if contaminant moves (6.1) Despite subsection (3), if, after the certification date, any of the contaminant moved from the land or water on, in or under the property for which a record of site condition has been filed to another property as a result of a person contravening, (a) a term or condition of a certificate of property use or of an order referred to in clause (5) (b); or (b) a provision of a regulation referred to in subsection (6), subsection (1) does not apply, but solely in respect of that person.  2007, c. 7, Sched. 13, s. 8 (6). Consent order (7) Subsection (1) does not apply if the person to whom the order is issued consents in writing to the order.  2001, c. 17, s. 2 (36). Section Amendments with date in force (d/m/y) 2001, c. 17, s. 2 (36)
- 01/10/2004 2007, c. 7, Sched. 13, s. 8 (1, 3, 5, 6) - 17/05/2007; 2007, c. 7, Sched. 13, s. 8 (2) - 01/07/2011; 2007, c. 7, Sched. 13, s. 8 (4) - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2017 168.7.1 Section Amendments with date in force (d/m/y) 2007, c. 7, Sched. 13, s. 9 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2017