hordruma/ontario_laws_and_regs huggingface dataset:
PART XVII MISCELLANEOUS
Duty of director or officer
194 (1) Every director or officer of a corporation has a duty to take all reasonable care to prevent the corporation from, (a) discharging or causing or permitting the discharge of a contaminant, in contravention of, (i) this Act or the regulations, or (ii) an environmental compliance approval, certificate of property use, renewable energy approval, licence or permit under this Act; (b) failing to notify the Ministry of a discharge of a contaminant, in contravention of, (i) this Act or the regulations, or (ii) an environmental compliance approval, certificate of property use, renewable energy approval, licence or permit under this Act; (c) contravening section 27, 40, 41 or 47.3 in respect of hauled liquid industrial waste or hazardous waste as designated in the regulations relating to Part V; (d) contravening section 93 or 184; (e) failing to install, maintain, operate, replace or alter any equipment or other thing, in contravention of an environmental compliance approval, certificate of property use, renewable energy approval, licence or permit under this Act; or (f) contravening an order under this Act, other than an order under section 99.1, 100.1, 150 or 182.1.  2005, c. 12, s. 1 (65); 2009, c. 12, Sched. G, s. 25; 2010, c. 16, Sched. 7, s. 2 (89-91). Note: On a day to be named by proclamation of the Lieutenant Governor, clause 194 (1) (f) 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. 24 (1)) Contraventions of s. 14 (1.1) Clause (1) (a) 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 (65). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 194 (1.1) of the Act is repealed. (See: 2019, c. 14, Sched. 8, s. 24 (2)) Offence (2) Every person who has a duty under subsection (1) and who fails to carry out that duty is guilty of an offence.  R.S.O. 1990, c. E.19, s. 194 (2). Onus (2.1) If a director or officer of a corporation is charged with an offence under subsection (2) in connection with a specific contravention of the corporation, the director or officer has the onus, in the trial of the offence, of proving that he or she carried out the duty under subsection (1) in connection with that contravention.  2005, c. 12, s. 1 (66). Liability to conviction (3) A director or officer of a corporation is liable to conviction under this section whether or not the corporation has been prosecuted or convicted.  R.S.O. 1990, c. E.19, s. 194 (3). Section Amendments with date in force (d/m/y) 2005, c. 12, s. 1 (65, 66)
- 13/06/2005 2009, c. 12, Sched. G, s. 25 (1-4) - 24/09/2009 2010, c. 16, Sched. 7, s. 2 (89-91) - 31/10/2011 2019, c. 9, Sched. 7, s. 13 - no effect - see 2019, c. 14, Sched. 8, s. 80 - 10/12/2019; 2019, c. 14, Sched. 8, s. 24 (1-2) - not in force
PART XVII MISCELLANEOUS
Limitation on proceedings
195 (1) Proceedings for an offence under this Act or the regulations shall not be commenced later than two years after the later of, (a) the day on which the offence was committed; and (b) the day on which evidence of the offence first came to the attention of a person appointed under section 5. Idem (2) Clause (1) (b) does not apply in respect of offences committed before the 28th day of June, 1988.  R.S.O. 1990, c. E.19, s. 195.
PART XVII MISCELLANEOUS
Orders, consequential authority
196 (1) The authority to make an order under this Act includes the authority to require the person or body to whom the order is directed to take such intermediate action or such procedural steps or both as are related to the action required or prohibited by the order and as are specified in the order. Same, authority to order access (2) A person who has authority under this Act to order that a thing be done on or in any place also has authority to order any person who owns, occupies or has the charge, management or control of the place to permit access to the place for the purpose of doing the thing. Application (3) Subsection (1) applies in respect of every order made under this Act whether or not the order was made before the 1st day of January, 1984.  R.S.O. 1990, c. E.19, s. 196.
PART XVII MISCELLANEOUS
Administrative changes to environmental compliance approval, etc.
196.1 The Director may revoke an environmental compliance approval, alter the terms and conditions of an environmental compliance approval or make an order revoking or amending a program approval or order issued by the Director under this Act if the Director is satisfied that the revocation, alteration or amendment is in the public interest and is desirable for administrative reasons to, (a) reflect changes that have occurred with respect to the identity or description of any person or place; or (b) eliminate provisions that are spent or obsolete.  2010, c. 16, Sched. 7, s. 2 (92). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. G, s. 5 (20) - 29/06/2001 2010, c. 16, Sched. 7, s. 2 (92) - 31/10/2011
PART XVII MISCELLANEOUS
Disclosure of orders and decisions
197 (1) A person who has authority under this Act to make an order or decision affecting real property also has authority to make an order requiring any person with an interest in the property, before dealing with the property in any way, to give a copy of the order or decision affecting the property to every person who will acquire an interest in the property as a result of the dealing.  2001, c. 17, s. 2 (50). Registration of requirement (2) A certificate setting out a requirement imposed under subsection (1) may be registered in the proper land registry office on the title of the real property to which the requirement relates, if the certificate is in a form approved by the Minister, is signed or authorized by a person who has authority to make orders imposing requirements under subsection (1) and is accompanied by a registrable description of the property.  2001, c. 17, s. 2 (50). Same (3) A requirement imposed under subsection (1) that is set out in a certificate registered under subsection (2) is, from the time of registration, deemed to be directed to each person who subsequently acquires an interest in the real property.  2001, c. 17, s. 2 (50). Dealings voidable (4) A dealing with real property by a person who is subject to a requirement imposed under subsection (1) or (3) is voidable at the instance of a person who was not given the copy of the order or decision in accordance with the requirement.  2001, c. 17, s. 2 (50). Registration of withdrawal of requirement (5) A certificate of withdrawal of a requirement imposed under subsection (1) or (3) may be registered in the proper land registry office on the title of the real property to which the requirement relates, if the certificate is in a form approved by the Minister, is signed or authorized by a person who has authority to make orders imposing requirements under subsection (1) and is accompanied by a registrable description of the property.  2001, c. 17, s. 2 (50). Same (6) On the registration under the Registry Act of a certificate of withdrawal of a requirement in accordance with subsection (5), the land registrar may delete the entries in the abstract index of the certificate setting out the requirement and the certificate of withdrawal of the requirement.  2001, c. 17, s. 2 (50). Same (7) Registration of a certificate of withdrawal of a requirement in accordance with subsection (5) has the effect of revoking the requirement.  2001, c. 17, s. 2 (50). Transition (8) This section, as it read immediately before the day subsection 2 (50) of the Brownfields Statute Law Amendment Act, 2001 came into force, continues to apply in respect of prohibitions issued under this section before that day.  2001, c. 17, s. 2 (50). Section Amendments with date in force (d/m/y) 1998, c. 35, s. 43 (1, 2) - 01/02/1999 2001, c. 17, s. 2 (50)
- 01/10/2004 ______________  Français