PART XV PROVINCIAL OFFICERS
Order by provincial officer: contraventions
157 (1) A provincial officer may issue an order to any person that the provincial officer reasonably believes is contravening or has contravened, (a) a provision of this Act or the regulations; (b) a provision of an order under this Act, other than an order under section 99.1, 100.1, 150 or 182.1 or an order of a court; or Note: On a day to be named by proclamation of the Lieutenant Governor, clause 157 (1) (b) of the Act is revoked and the following substituted: (See: 2019, c. 14, Sched. 8, s. 10 (1)) (b) a provision of an order under this Act, other than an order under section 99.1, 100.1 or 150, an order to pay an administrative penalty or an order of a court; (c) a term or condition of an environmental compliance approval, certificate of property use, renewable energy approval, licence or permit under this Act; or (d) with respect to such programs under this Act relating to resource recovery or waste as the Minister may specify in a written direction under clause 24 (1) (c) of the Resource Recovery and Circular Economy Act, 2016, subsections 41 (5) and 50 (4) of that Act and any other prescribed provision of that Act.  1998, c. 35, s. 16; 2001, c. 17, s. 2 (33); 2005, c. 12, s. 1 (34); 2009, c. 12, Sched. G, s. 15 (1); 2009, c. 33, Sched. 15, s. 5 (3); 2010, c. 16, Sched. 7, s. 2 (60); 2019, c. 14, Sched. 8, s. 10 (2). Contravention of s. 14 (1.1) Subsection (1) does not apply to a contravention of section 14 unless, (a) an order to pay an environmental penalty could be issued in respect of the contravention; or (b) the contravention involves a discharge that causes or is likely to cause an adverse effect.  2005, c. 12, s. 1 (35). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 157 (1.1) of the Act is repealed. (See: 2019, c. 14, Sched. 8, s. 10 (3)) Information to be included in order (2) The order shall, (a) specify the provision, term or condition that the provincial officer believes is being or has been contravened; (b) briefly describe the nature and, where applicable, the location of the contravention; (b.1) in the case of a contravention of section 14 for which an order to pay an environmental penalty could be issued, describe the adverse effects that were caused by or that may be caused by the contravention; and Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 157 (2) of the Act is amended by adding “and” at the end of clause (b) and by striking out clause (b.1). (See: 2019, c. 14, Sched. 8, s. 10 (4)) (c) state that a review of the order may be requested in accordance with section 157.3.  1998, c. 35, s. 16; 2005, c. 12, s. 1 (36). What order may require (3) The order may require the person to whom it is directed to comply with any directions set out in the order within the time specified relating to, (a) achieving compliance with the provision, term or condition; (b) preventing the continuation or repetition of the contravention; (c) securing, whether through locks, gates, fences, security guards or other means, any land, place or thing; (d) where the contravention is related to the deposit of waste, removing the waste; (e) where the contravention has injured, damaged or endangered animal life, plant life, human health or safety, or the natural environment or is likely to injure, damage or endanger animal life, plant life, human health or safety, or the natural environment, (i) repairing the injury or damage, (ii) preventing the injury or damage, (iii) decreasing, eliminating or ameliorating the effects of the damage, and (iv) restoring the natural environment; (f) where the contravention has caused damage to or endangered or is likely to cause damage to or endanger existing water supplies, providing temporary or permanent alternate water supplies; (g) submitting a plan for achieving compliance with the provision, term or condition, including the engagement of contractors or consultants satisfactory to a provincial officer; (h) submitting an application for an environmental compliance approval, renewable energy approval, licence or permit; (h.1) registering an activity under Part II.2; (i) monitoring and recording in relation to the natural environment and reporting on the monitoring and recording; (j) posting notice of the order; and (k) if the provincial officer reasonably believes that a term or condition of a renewable energy approval is being or has been contravened, doing any other thing referred to in subsection 16 (3) of the Ontario Water Resources Act.  1998, c. 35, s. 16; 2005, c. 12, s. 1 (37); 2009, c. 12, Sched. G, s. 15 (2, 3); 2010, c. 16, Sched. 7, s. 2 (61, 62). Section Amendments with date in force (d/m/y) 1998, c. 35, s. 16 - 01/02/1999 2001, c. 17, s. 2 (33)
- 01/10/2004 2005, c. 12, s. 1 (34, 37) - 13/06/2005; 2005, c. 12, s. 1 (35, 36) - 01/08/2007 2009, c. 12, Sched. G, s. 15 (1-3) - 24/09/2009; 2009, c. 33, Sched. 15, s. 5 (3) - 15/12/2009 2010, c. 16, Sched. 7, s. 2 (60-62) - 31/10/2011 2019, c. 9, Sched. 7, s. 4 - no effect - see 2019, c. 14, Sched. 8, s. 80 - 10/12/2019; 2019, c. 14, Sched. 8, s. 10 (1, 3, 4) - not in force; 2019, c. 14, Sched. 8, s. 10 (2) - 10/12/2019