PART X SPILLS
Compensation, spills
99 (1) In this section, “loss or damage” includes personal injury, loss of life, loss of use or enjoyment of property and pecuniary loss, including loss of income.  R.S.O. 1990, c. E.19, s. 99 (1). Right to compensation (2) Her Majesty in right of Ontario or in right of Canada or any other person has the right to compensation, (a) for loss or damage incurred as a direct result of, (i) the spill of a pollutant that causes or is likely to cause an adverse effect, (ii) the exercise of any authority under subsection 100 (1) or the carrying out of or attempting to carry out a duty imposed or an order or direction made under this Part, or (iii) neglect or default in carrying out a duty imposed or an order or direction made under this Part; (b) for all reasonable cost and expense incurred in respect of carrying out or attempting to carry out an order or direction under this Part, from the owner of the pollutant and the person having control of the pollutant.  R.S.O. 1990, c. E.19, s. 99 (2). Exception (3) An owner of a pollutant or a person having control of a pollutant is not liable under subsection (2) if they establish that they took all reasonable steps to prevent the spill of the pollutant or if they establish that the spill of the pollutant was wholly caused by, (a) an act of war, civil war, insurrection, an act of terrorism or an act of hostility by the government of a foreign country; (b) a natural phenomenon of an exceptional, inevitable and irresistible character; or (c) an act or omission with intent to cause harm by a person other than a person for whose wrongful act or omission the owner of the pollutant or the person having control of the pollutant is by law responsible, or any combination thereof.  R.S.O. 1990, c. E.19, s. 99 (3). Qualification (4) Subsection (3) does not relieve the owner of the pollutant or the person having control of the pollutant, (a) from liability for loss or damage that is a direct result of neglect or default of the owner of the pollutant or the person having control of the pollutant in carrying out a duty imposed or an order or direction made under this Part; or (b) from liability, under clause (2) (a), for cost and expense incurred or, under clause (2) (b), for all reasonable cost and expense incurred, (i) to do everything practicable to prevent, eliminate and ameliorate the adverse effect, or (ii) to do everything practicable to restore the natural environment, or both.  R.S.O. 1990, c. E.19, s. 99 (4). Enforcement of right (5) The right to compensation under subsection (2) may be enforced by action in a court of competent jurisdiction.  R.S.O. 1990, c. E.19, s. 99 (5). Liability (6) Liability under subsection (2) does not depend upon fault or negligence.  R.S.O. 1990, c. E.19, s. 99 (6). Contribution (7) In an action under this section, (a) where the plaintiff is an owner of the pollutant or a person having control of the pollutant, the court shall determine the degree, if any, in which the plaintiff would be liable to make contribution or indemnification under subsection (8) if the plaintiff were a defendant; and (b) where the plaintiff is not an owner or a person having control referred to in clause (a), the court shall determine the degree, if any, in which the plaintiff caused or contributed to the loss, damage, cost or expense by fault or negligence, and the court shall reduce the compensation by the degree, if any, so determined.  R.S.O. 1990, c. E.19, s. 99 (7). Extent of liability (8) Where two or more persons are liable to pay compensation under this section, they are jointly and severally liable to the person suffering the loss, damage, cost or expense but as between themselves, in the absence of an express or implied contract, each is liable to make contribution to and indemnify the other in accordance with the following principles: 1. Where two or more persons are liable to pay compensation under this section and one or more of them caused or contributed to the loss, damage, cost or expense by fault or negligence, such one or more of them shall make contribution to and indemnify, i. where one person is found at fault or negligent, any other person liable to pay compensation under this section, and ii. where two or more persons are found at fault or negligent, each other and any other person liable to pay compensation under this section in the degree in which each of such two or more persons caused or contributed to the loss, damage, cost or expense by fault or negligence. 2. For the purpose of subparagraph ii of paragraph 1, if it is not practicable to determine the respective degrees in which the fault or negligence of two or more persons liable to pay compensation under this section caused or contributed to the loss, damage, cost or expense, such two or more persons shall be deemed to be equally at fault or negligent. 3. Where no person liable to pay compensation under this section caused or contributed to the loss, damage, cost or expense by fault or negligence, each of the persons liable to pay compensation is liable to make contribution to and indemnify each other in such degree as is determined to be just and equitable in the circumstances.  R.S.O. 1990, c. E.19, s. 99 (8). Enforcement of contribution (9) The right to contribution or indemnification under subsection (8) may be enforced by action in a court of competent jurisdiction.  R.S.O. 1990, c. E.19, s. 99 (9). Adding parties (10) Wherever it appears that a person not already a party to an action under this section may be liable in respect of the loss, damage, cost or expense for which compensation is claimed, the person may be added as a party defendant to the action upon such terms as are considered just or may be made a third party to the action in the manner prescribed by the rules of practice for adding third parties.  R.S.O. 1990, c. E.19, s. 99 (10). Settlement and recovery between persons liable (11) A person liable to pay compensation under this section may recover contribution or indemnity from any other person liable to pay compensation under this section in respect of the loss, damage, cost or expense for which the compensation is claimed by settling with the person suffering the loss, damage, cost or expense and continuing the action or commencing an action against such other person.  R.S.O. 1990, c. E.19, s. 99 (11). Amount of settlement (12) A person who has settled a claim and continued or commenced an action as mentioned in subsection (11) must satisfy the court that the amount of the settlement was reasonable, and, if the court finds the amount was excessive, the court may fix the amount at which the claim should have been settled.  R.S.O. 1990, c. E.19, s. 99 (12). (13), (14) Repealed:  2002, c. 24, Sched. B, s. 25. Section Amendments with date in force (d/m/y) 2002, c. 24, Sched. B, s. 25 - 01/01/2004