hordruma/ontario_laws_and_regs huggingface dataset:
PART XVII MISCELLANEOUS
Service on commercial drivers of offence notice or summons
181 (1) In this section, “commercial motor vehicle” and “motor vehicle” have the same meanings as in the Highway Traffic Act; (“véhicule utilitaire”, “véhicule automobile”) “offence notice or summons” means, (a) an offence notice or summons under Part I of the Provincial Offences Act, or (b) a summons under Part III of the Provincial Offences Act. (“avis d’infraction ou assignation”)  R.S.O. 1990, c. E.19, s. 181 (1); 1998, c. 35, s. 32 (1). Same (2) Delivery of an offence notice or summons to the operator of a commercial motor vehicle in respect of an offence under this Act related to the use of the vehicle shall be deemed to be personal service of the offence notice or summons on the owner or lessee of the vehicle who is named in the offence notice or summons. Employer (3) Delivery of an offence notice or summons to the operator of a motor vehicle in respect of an offence under this Act related to the use of the vehicle in the course of the operator’s employment shall be deemed to be personal service of the offence notice or summons on the employer of the operator of the vehicle.  R.S.O. 1990, c. E.19, s. 181 (2, 3). (4) Repealed:  1998, c. 35, s. 32 (2). Exception (5) Subsection (2) does not apply if, at the time of the offence, the vehicle was in the possession of the operator without the consent of the owner or lessee of the vehicle, as the case may be, but the burden of proof of that shall be on the owner or lessee of the vehicle. Permit holder deemed owner (6) For the purposes of this section, the holder of a permit under Part II of the Highway Traffic Act
shall be deemed to be the owner of the vehicle referred to in the permit if a number plate under that Part bearing a number that corresponds to the permit was displayed on the vehicle at the time the offence was committed. Application of subs. (6) (7) Subsection (6) does not apply if the number plate was displayed on the vehicle without the consent of the holder of the permit, but the burden of proof of that shall be on the holder of the permit.  R.S.O. 1990, c. E.19, s. 181 (5-7). Section Amendments with date in force (d/m/y) 1998, c. 35, s. 32 (1, 2) - 01/02/1999 Service on various entities of offence notice or summons
PART XVII MISCELLANEOUS
Municipal corporations
181.1 (1) Service of an offence notice or summons on a municipal corporation may be effected by delivering it personally to the mayor, warden, reeve or other chief officer of the municipal corporation or to the clerk of the municipal corporation. Other corporations (2) Service of an offence notice or summons on a corporation other than a municipal corporation may be effected by delivering it personally to the manager, secretary or other officer of the corporation or to a person apparently in charge of a branch office of the corporation. Partnership (3) Service of an offence notice or summons on a partnership may be effected by delivering it personally to a partner or to a person apparently in charge of an office of the partnership. Sole proprietorship (4) Service of an offence notice or summons on a sole proprietorship may be effected by delivering it personally to the sole proprietor or to a person apparently in charge of an office of the sole proprietorship. Substituted service (5) On application without notice, a justice, on being satisfied that service cannot be made effectively in accordance with subsections (1) to (4), may by order authorize another method of service that has a reasonable likelihood of coming to the attention of the municipal corporation, other corporation, partnership or sole proprietorship.  1998, c. 35, s. 33. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 33 - 01/02/1999
PART XVII MISCELLANEOUS
Service generally
182 (1) Any document given or served under this Act or the regulations is sufficiently given or served if it is, (a) delivered personally; (b) sent by mail addressed to the person to whom delivery or service is required to be made at the latest address for the person appearing on the records of the Ministry; or (c) given or served in accordance with regulations respecting service. When service deemed made (2) Where service is made by mail, the service shall be deemed to be made on the fifth day after the day of mailing unless the person on whom service is being made establishes that the person did not, acting in good faith, through absence, accident, illness or other cause beyond the person’s control receive the notice or order until a later date.  R.S.O. 1990, c. E.19, s. 182.
PART XVII MISCELLANEOUS
Special purpose account
182.2 (1) Environmental penalties paid under this Act shall be deposited in a separate account in the Consolidated Revenue Fund.  2005, c. 12, s. 1 (53). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 182.2 (1) of the Act is repealed and the following substituted: (See: 2019, c. 14, Sched. 8, s. 17 (1)) Special purpose account (1) Administrative penalties paid under this Act shall be deposited in a separate account in the Consolidated Revenue Fund. 2019, c. 14, Sched. 8, s. 17 (1). Same (2) For the purpose of the Financial Administration Act, money deposited in the account referred to in subsection (1) shall be deemed to be money paid to Ontario for a special purpose.  2005, c. 12, s. 1 (53). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 182.2 (2) of the Act is repealed and the following substituted: (See: 2019, c. 14, Sched. 8, s. 17 (1)) Same (2) For the purpose of the Financial Administration Act, money deposited in the account referred to in subsection (1) shall be deemed to be money paid to Ontario for a special purpose. 2019, c. 14, Sched. 8, s. 17 (1). Payments out of account (3) If money is deposited in the account referred to in subsection (1), the Minister may direct that money be paid out of the account for the following purposes: 1. To provide financial support for activities that relate to the protection and conservation of the natural environment. 2. To provide financial support for activities that improve awareness of issues relating to the protection and conservation of the natural environment. 3. Such other purposes as may be prescribed by the regulations. 2019, c. 14, Sched. 8, s. 17 (2). Section Amendments with date in force (d/m/y) 2005, c. 12, s. 1 (53)
- 01/08/2007 2019, c. 14, Sched. 8, s. 17 (1) - not in force; 2019, c. 14, Sched. 8, s. 17 (2) - 10/12/2019
PART XVII MISCELLANEOUS
Failure to pay administrative penalty when required
182.5 (1) If a person who is required to pay an administrative penalty fails to comply with the requirement,  (a) the order that requires payment may be filed with a local registrar of the Superior Court of Justice and the order may be enforced as if it were an order of the court; (b) the Director may, by order, suspend any registration filed under Part II.2 or any permit, licence or environmental compliance approval issued to the person under this Act until the administrative penalty is paid; and (c) the Director may refuse to issue any permit, licence or environmental compliance approval to the person or refuse to amend any permit, licence or environmental compliance approval issued to the person under this Act until the administrative penalty is paid.  2010, c. 16, Sched. 7, s. 2 (83). Same (2) Section 129 of the Courts of Justice Act applies in respect of an order filed under clause (1) (a) and, for that purpose, the date on which the order is filed under clause (1) (a) shall be deemed to be the date of the order that is referred to in section 129 of the Courts of Justice Act.  2010, c. 16, Sched. 7, s. 2 (83). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 182.5 (2) of the Act is repealed. (See: 2019, c. 9, Sched. 7, s. 8) Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 7, s. 2 (83) - 31/10/2011 2019, c. 9, Sched. 7, s. 8 - not in force Power to restrain
PART XVII MISCELLANEOUS
By action
183 (1) Where this Act or the regulations or any direction, order, certificate of property use, approval, notice or permit, made, granted, given, served or issued by the Minister, the Director or a provincial officer under this Act is contravened, in addition to any other remedy and to any penalty imposed by law, such contravention may be restrained by action at the instance of the Minister.  R.S.O. 1990, c. E.19, s. 183 (1); 2001, c. 17, s. 2 (48). By order upon conviction (2) On its own initiative or on application by counsel for the prosecutor, the court that convicts a person of an offence under this Act, in addition to any other remedy and to any other penalty imposed by law, may make an order prohibiting the continuation or repetition by the person of the act or omission for which the person is convicted.  R.S.O. 1990, c. E.19, s. 183 (2). Section Amendments with date in force (d/m/y) 2001, c. 17, s. 2 (48)
- 01/10/2004 Compliance with investigations, etc.
PART XVII MISCELLANEOUS
Obstruction
184 (1) No person shall hinder or obstruct any provincial officer or any employee in or agent of the Ministry in the performance of his or her duties under this Act.  1998, c. 35, s. 35; 2006, c. 35, Sched. C, s. 36 (9); 2009, c. 33, Sched. 15, s. 5 (8). False information (2) No person shall orally, in writing or electronically, give or submit false or misleading information in any statement, document or data, to any provincial officer, the Minister, the Ministry, any employee in or agent of the Ministry or any person involved in carrying out a program of the Ministry in respect of any matter related to this Act or the regulations.  1998, c. 35, s. 35; 2001, c. 9, Sched. G, s. 5 (15); 2006, c. 35, Sched. C, s. 36 (10); 2009, c. 33, Sched. 15, s. 5 (9). Same (3) No person shall include false or misleading information in any document or data required to be created, stored or submitted under this Act.  1998, c. 35, s. 35. Refusal to furnish information (4) No person shall refuse to furnish any provincial officer, the Minister, the Ministry or any employee in or agent of the Ministry with information required for the purposes of this Act and the regulations.  1998, c. 35, s. 35; 2006, c. 35, Sched. C, s. 36 (11); 2009, c. 33, Sched. 15, s. 5 (10). Section Amendments with date in force (d/m/y) 1998, c. 35, s. 35 - 01/02/1999 2001, c. 9, Sched. G, s. 5 (15) - 29/06/2001 2006, c. 35, Sched. C, s. 36 (9-11) - 20/08/2007 2009, c. 33, Sched. 15, s. 5 (8-10) - 15/12/2009
PART XVII MISCELLANEOUS
Presiding judge
185 The Crown, by notice to the clerk of the Ontario Court of Justice, may require that a provincial judge preside over a proceeding in respect of an offence under this Act.  R.S.O. 1990, c. E.19, s. 185; 2001, c. 9, Sched. G, s. 5 (16); 2006, c. 21, Sched. C, s. 108 (1). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. G, s. 5 (16) - 29/06/2001 2006, c. 21, Sched. C, s. 108 (1) - 01/05/2007 Offences
PART XVII MISCELLANEOUS
General
186 (1) Every person who contravenes this Act or the regulations is guilty of an offence.  R.S.O. 1990, c. E.19, s. 186 (1). Exception (1.1) Subsection (1) does not apply to a contravention of section 14 unless the contravention causes or is likely to cause an adverse effect.  2005, c. 12, s. 1 (54). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 186 (1.1) of the Act is repealed. (See: 2019, c. 14, Sched. 8, s. 20 (1)) Offence re order (2) Every person who fails to comply with an order under this Act, other than an order under section 99.1, 100.1, 150 or 182.1, is guilty of an offence.  R.S.O. 1990, c. E.19, s. 186 (2); 2005, c. 12, s. 1 (55). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 186 (2) of the Act is amended by striking out “99.1, 100.1, 150 or 182.1” and substituting “99.1, 100.1 or 150 or an order to pay an administrative penalty”. (See: 2019, c. 14, Sched. 8, s. 20 (2)) Offence re approval, licence or permit, etc. (3) Every person who fails to comply with the terms and conditions of an environmental compliance approval, certificate of property use or renewable energy approval or of a licence or permit under this Act or who fails to comply with the terms of a report under section 29 is guilty of an offence.  2010, c. 16, Sched. 7, s. 2 (84). Offence re fees (3.1) Every person who fails to pay a fee that the person is required to pay under section 179.1 is guilty of an offence.  2001, c. 9, Sched. G, s. 5 (17). Exception when order or program approval complied with (4) Despite subsections (1), (2) and (3), a person to whom an order of the Minister, the Director or a provincial officer or a program approval of the Director is directed who complies fully with the order or approval shall not be prosecuted for or convicted of an offence in respect of the matter or matters dealt with in the order or approval that occurs during the period within which the order or program approval is applicable.  1998, c. 35, s. 36. Same (5) The protection from prosecution under subsection (4) does not include protection from the imposition of an environmental penalty.  1998, c. 35, s. 36; 2005, c. 12, s. 1 (56). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 186 (5) of the Act is amended by striking out “environmental penalty” at the end and substituting “administrative penalty”. (See: 2019, c. 14, Sched. 8, s. 20 (3)) (6) Repealed:  1998, c. 35, s. 36. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 36 - 01/02/1999 2001, c. 9, Sched. G, s. 5 (17) - 29/06/2001; 2001, c. 17, s. 2 (49)
- 01/10/2004 2005, c. 12, s. 1 (54, 56)
- 01/08/2007; 2005, c. 12, s. 1 (55)
- 13/06/2005 2009, c. 12, Sched. G, s. 23 - 24/09/2009 2010, c. 16, Sched. 7, s. 2 (84) - 31/10/2011 2019, c. 9, Sched. 7, s. 9 (1, 2) - no effect - see 2019, c. 14, Sched. 8, s. 80 - 10/12/2019; 2019, c. 14, Sched. 8, s. 20 (1-3) - not in force
PART XVII MISCELLANEOUS
Number of convictions
188 In determining the number of a person’s previous convictions for the purpose of section 187, the court shall include previous convictions of the person under, (a) this Act, other than for an offence related to Part IX; (a.1) the Nutrient Management Act, 2002; (b) the Ontario Water Resources Act; (c) the Pesticides Act; (d) the Safe Drinking Water Act, 2002; or (e) the Toxics Reduction Act, 2009.  1998, c. 35, s. 38; 2002, c. 4, s. 62 (6); 2005, c. 12, s. 1 (58); 2009, c. 19, s. 67 (11). Section Amendments with date in force (d/m/y) 1998, c. 35, s. 38 - 01/02/1999 2002, c. 4, s. 62 (6)
- 01/07/2003 2005, c. 12, s. 1 (58)
- 13/06/2005 2009, c. 19, s. 67 (11) - 01/01/2010
PART XVII MISCELLANEOUS
Penalty re monetary benefit
189 The court that convicts a person of an offence under this Act, in addition to any other penalty imposed by the court, may increase a fine imposed upon the person by an amount equal to the amount of the monetary benefit acquired by or that accrued to the person as a result of the commission of the offence, despite any maximum fine elsewhere provided.  R.S.O. 1990, c. E.19, s. 189.
PART XVII MISCELLANEOUS
Order to prevent damage, etc.
190 (1) On its own initiative or on the request of the prosecutor, the court that convicts a person of an offence under this Act, in addition to any other penalty imposed by the court, may order the person, (a) to take such action, including but not limited to providing a temporary or permanent alternate water supply, as the court directs within the time specified in the order to prevent, eliminate or ameliorate damage that results from or is in any way connected to the commission of the offence; (b) where the offence is in relation to a waste management system or waste disposal site, to take such action as is required to bring the system or site into conformity with Part V or the regulations within the time specified in the order; and (c) to comply with any order issued under this Act to the person in relation to damage that results from or is in any way connected to the commission of the offence.  1998, c. 35, s. 39 (1); 2005, c. 12, s. 1 (60, 61). Other conditions (2) An order under subsection (1) may contain such other conditions relating to the circumstances of the offence and of the person that contributed to the commission of the offence as the court considers appropriate to prevent similar unlawful conduct or to contribute to rehabilitation.  R.S.O. 1990, c. E.19, s. 190 (2); 2006, c. 19, Sched. K, s. 2 (10). Variation of order (3) The court that made an order under subsection (1) may make any changes in or additions to the conditions prescribed in the order that in the opinion of the court are rendered desirable by a change in circumstances, (a) on its own initiative at any time; or (b) on application by counsel for the prosecutor, by the person convicted or by the person authorized under the Law Society Act to represent the person convicted, with notice to the other party, after a hearing or, with the consent of the parties, without a hearing.  2006, c. 21, Sched. C, s. 108 (2). Conflict (4) Nothing in subsection (1) authorizes the making of an order that conflicts with an order previously made under this Act by the Minister or the Director, but an order may be made under subsection (1) supplementing the provisions of an order in respect of the prevention, decrease or elimination of harm to the natural environment and the restoration of the natural environment.  R.S.O. 1990, c. E.19, s. 190 (4). (5) Repealed:  1998, c. 35, s. 39 (2). Continuation in force (6) Where a person bound by an order under subsection (1) is imprisoned, the order continues in force except in so far as the imprisonment renders it impossible for the person to comply for the time being with the order.  R.S.O. 1990, c. E.19, s. 190 (6). Section Amendments with date in force (d/m/y) 1998, c. 35, s. 39 (1, 2) - 01/02/1999 2005, c. 12, s. 1 (60, 61) - 13/06/2005 2006, c. 19, Sched. K, s. 2 (10) - 22/06/2006; 2006, c. 21, Sched. C, s. 108 (2) - 01/05/2007
PART XVII MISCELLANEOUS
Where fine not paid
190.3 (1) Where a person is convicted of an offence under this Act and a fine is imposed, (a) a thing seized in connection with the offence and not forfeited to the Crown under section 162.1, 162.3 or 190.2 shall not be returned until the fine has been paid; and (b) if payment of the fine is in default within the meaning of section 69 of the Provincial Offences Act, a justice may order that the thing be forfeited to the Crown. Application of subss. 190.2 (2) to (6) (2) Subsections 190.2 (2) to (6) apply with necessary modifications in relation to an order under clause (1) (b).  1998, c. 35, s. 40. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 40 - 01/02/1999
PART XVII MISCELLANEOUS
Costs of seizure, etc.
190.4 If a person is convicted of an offence under this Act, the justice may, in addition to any other penalty, order the person to pay all or part of the expenses incurred by the Ministry with respect to the seizure, storage or disposition of any thing seized in connection with the offence.  1998, c. 35, s. 40. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 40 - 01/02/1999
PART XVII MISCELLANEOUS
Suspension of default in payment of fine
191 (1) Where a person is in default of payment of a fine imposed upon conviction for an offence against this Act, the Nutrient Management Act, 2002, the Ontario Water Resources Act, the Pesticides Act, the Safe Drinking Water Act, 2002, the Toxics Reduction Act, 2009 or the regulations made under any of them, on the application of the Director, an order may be made under subsection 69 (2) of the Provincial Offences Act directing that, until the fine is paid, (a) one or more of the person’s licences be suspended; (b) no licence be issued to the person, or (c) the person’s registration under Part II.2 be suspended.  2010, c. 16, Sched. 7, s. 2 (86). Duty of Director (2) The Director shall, (a) on being informed of an outstanding order referred to in subsection (1), suspend the person’s licence or registration, if it is not already suspended under another order referred to in subsection (1); and (b) on being informed that the fine and any applicable administrative fee for the reinstatement of the licence or registration are paid, reinstate the licence or registration, unless the Director has been informed that, (i) there is another outstanding order referred to in subsection (1) directing that the licence or registration be suspended, or (ii) the licence or registration is suspended under any other order or under another statute.  2010, c. 16, Sched. 7, s. 2 (87). Regulations (3) The Lieutenant Governor in Council may make regulations prescribing forms and procedures and respecting any matter considered necessary or advisable to carry out effectively the intent and purpose of this section.  R.S.O. 1990, c. E.19, s. 191 (3). Definition (4) In this section, “licence” means an environmental compliance approval or a licence issued under this Act.  1998, c. 35, s. 41; 2010, c. 16, Sched. 7, s. 2 (88). Section Amendments with date in force (d/m/y) 1998, c. 35, s. 41 - 01/02/1999 2001, c. 9, Sched. G, s. 5 (19) - no effect - see 2010, c. 16, Sched. 7, s. 8 - 25/10/2010 2002, c. 4, s. 62 (7)
- 01/07/2003 2009, c. 19, s. 67 (12)
- 01/01/2010 2010, c. 16, Sched. 7, s. 2 (86-88) - 31/10/2011
PART XVII MISCELLANEOUS
Act of officer, etc.
192 For the purposes of this Act and the regulations, an act or thing done or omitted to be done by an officer, official, employee or agent of a corporation in the course of his or her employment or in the exercise of his or her powers or the performance of his or her duties shall be deemed to be also an act or thing done or omitted to be done by the corporation.  R.S.O. 1990, c. E.19, s. 192. 193 Repealed:  1998, c. 35, s. 42. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 42 - 01/02/1999