hordruma/ontario_laws_and_regs huggingface dataset:
PART II.1 ENVIRONMENTAL COMPLIANCE APPROVALS
Exercise of powers on Director’s initiative
20.13 The Director may, on his or her own initiative, (a) alter or revoke terms and conditions of an environmental compliance approval after it has been issued; (b) impose new terms and conditions in an environmental compliance approval; or (c) suspend or revoke all or part of an environmental compliance approval.  2010, c. 16, Sched. 7, s. 2 (15). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 7, s. 2 (15) - 31/10/2011
PART II.1 ENVIRONMENTAL COMPLIANCE APPROVALS
Consideration of applications
20.14 (1) Subject to subsection (2), the Director shall consider an application submitted to him or her under this Part.  2010, c. 16, Sched. 7, s. 2 (15). Exception (2) The Director is not required to consider an application that has not been prepared and submitted in accordance with any requirements prescribed by the regulations.  2010, c. 16, Sched. 7, s. 2 (15). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 7, s. 2 (15) - 31/10/2011 Hearings
PART II.1 ENVIRONMENTAL COMPLIANCE APPROVALS
Hearings required by Director
20.15 (1) The Director may, before making a decision on an application under this Part, require the Tribunal, by written notice, to hold a hearing with respect to the application or a matter that relates to the application.  2010, c. 16, Sched. 7, s. 2 (15). Notice of hearing (2) If a hearing is required under subsection (1), at least 15 days notice shall be given to any persons specified by the Tribunal and in such manner as the Tribunal may direct.  2010, c. 16, Sched. 7, s. 2 (15). Same (3) Upon receipt of a notice from the Director under subsection (1), the Tribunal shall hold a hearing.  2010, c. 16, Sched. 7, s. 2 (15). Proposed decision (4) If the Director requires the Tribunal to hold a hearing in respect of a matter that relates to the application, the Director shall inform the Tribunal of decisions that the Director proposes to make on matters not referred to the Tribunal in connection with the application.  2010, c. 16, Sched. 7, s. 2 (15). Parties (5) The applicant for approval under this Part, the Director and any other persons specified by the Tribunal shall be parties to the hearing.  2010, c. 16, Sched. 7, s. 2 (15). Notice of decision (6) The Tribunal shall serve notice of its decision, together with reasons, on the parties to the hearing, and the Director shall implement the decision.  2010, c. 16, Sched. 7, s. 2 (15). (7)-(11) Repealed: 2021, c. 4, Sched. 6, s. 45 (2). Transition (12) If, before the day subsection 2 (23) of Schedule 7 to the Open for Business Act, 2010 comes into force, a hearing has been required by the Director under subsection 30 (1) or 32 (1) of this Act, as those provisions read immediately before that subsection came into force, the Director’s notice shall be deemed to have been given under subsection (1) and the hearing shall be held under this section.  2010, c. 16, Sched. 7, s. 2 (15). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 7, s. 2 (15) - 31/10/2011 2021, c. 4, Sched. 6, s. 45 (2) - 01/06/2021
PART II.1 ENVIRONMENTAL COMPLIANCE APPROVALS
Appeal from decision of Tribunal
20.16 A party to a proceeding under this Part before the Tribunal may appeal from its decision on a question of law to the Divisional Court. 2021, c. 4, Sched. 10, s. 1 (1). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 7, s. 2 (15) - 31/10/2011 2021, c. 4, Sched. 10, s. 1 (1) - 01/06/2021 Approvals Relating to Activities Prescribed for the Purposes of Part II.2
PART II.1 ENVIRONMENTAL COMPLIANCE APPROVALS
When approval, instrument ceases to have effect
20.17 An environmental compliance approval or a prescribed instrument ceases to apply in respect of an activity at a site on the earlier of, (a) the date, as set out in a confirmation of registration provided by the Director under Part II.2, on which a registration is in effect in respect of the activity at the site; and (b) the date prescribed by the regulations in respect of the activity for the purposes of this section.  2010, c. 16, Sched. 7, s. 2 (15); 2017, c. 2, Sched. 11, s. 2 (4). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 7, s. 2 (15) - 31/10/2011 2017, c. 2, Sched. 11, s. 2 (4) - 22/03/2017
PART II.1 ENVIRONMENTAL COMPLIANCE APPROVALS
Director’s order
20.18 (1) The Director may issue an order to a person who is engaging in or who proposes to engage in an activity at a site, stating that Part II.2 of the Act does not apply in respect of the activity at the site.  2010, c. 16, Sched. 7, s. 2 (15). Continuation of approval (2) If an environmental compliance approval is in effect when the Director issues an order under subsection (1), the Director may specify in the order that, (a) the approval continues to apply; and (b) the approval may be amended on application under subsection 20.2 (1).  2010, c. 16, Sched. 7, s. 2 (15). Continuation of prescribed instrument (3) If a prescribed instrument is in effect when the Director issues an order under subsection (1), the Director may specify in the order that the prescribed instrument continues to apply. 2017, c. 2, Sched. 11, s. 2 (5). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 7, s. 2 (15) - 31/10/2011 2017, c. 2, Sched. 11, s. 2 (5) - 22/03/2017 Part II.2   Registrations
PART II.2 REGISTRATIONS
Interpretation
20.19 In this Part,  “prescribed instrument” means a document of legal effect that is issued or otherwise created under a prescribed provision of an Act administered by the Minister, including a permit, licence, approval or authorization, but excluding an environmental compliance approval; (“acte prescrit”) “registration” means a registration in the Registry; (“enregistrement”) “Registry” means the registry established under subsection 20.20 (1). (“Registre”)  2010, c. 16, Sched. 7, s. 2 (19); 2017, c. 2, Sched. 11, s. 2 (6). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 7, s. 2 (19) - 31/10/2011 2017, c. 2, Sched. 11, s. 2 (6) - 22/03/2017
PART II.2 REGISTRATIONS
Registry
20.20 (1) The Director shall establish, maintain and operate a public registry known in English as the Environmental Activity and Sector Registry and in French as Registre environnemental des activités et des secteurs.  2010, c. 16, Sched. 7, s. 2 (19). Purposes (2) The purposes of the Registry are the following: 1. To allow persons to register activities prescribed by the regulations for the purposes of subsection 20.21 (1). 2. To provide public access to information contained in the registrations and other information filed in the Registry. 3. Such other purposes as may be prescribed by the regulations.  2010, c. 16, Sched. 7, s. 2 (19). Delegation agreement (3) Section 168.9 applies, with necessary modifications, in respect of the Registry and despite subsection 180 (2), no action or other proceeding shall be commenced against the Crown in right of Ontario, a public servant employed under Part III of the Public Service of Ontario Act, 2006, a person or body to whom powers and duties of the Director are delegated under section 168.9 or an employee of a person or body to whom powers and duties of the Director are delegated under section 168.9 arising from any inaccuracy contained in a registration.  2010, c. 16, Sched. 7, s. 2 (19). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 7, s. 2 (19) - 31/10/2011
PART II.2 REGISTRATIONS
Prohibition, prescribed activities
20.21 (1) Subject to subsections (2), (3) and (4), no person shall engage in an activity at a site if the activity has been prescribed by the regulations for the purposes of this subsection unless, (a) the person has registered the activity in the Registry in accordance with the regulations; (b) the Director has provided the person with a confirmation of registration in respect of the activity; (c) the person engages in the activity in accordance with the regulations; and (d) the registration is not suspended and has not been removed from the Registry.  2010, c. 16, Sched. 7, s. 2 (19). Exception, order under s. 20.18 (2) Subject to subsection (3), subsection (1) does not apply if the Director has issued an order under section 20.18 in respect of the activity and the order has not been revoked.  2010, c. 16, Sched. 7, s. 2 (19). Same, transition (3) If a registration is in effect in respect of the activity when the Director issues an order under section 20.18 in respect of the activity, subsection (1) applies until the Director removes the registration from the Registry in accordance with clause 20.23 (1) (e).  2010, c. 16, Sched. 7, s. 2 (19). Transition (4) If an environmental compliance approval or a prescribed instrument has been issued in respect of an activity before the day when a regulation prescribing the activity for the purposes of subsection (1) comes into force, subsection (1) does not apply to the holder of the approval or instrument until the day the approval or instrument ceases to apply to the activity, as determined in accordance with section 20.17. 2017, c. 2, Sched. 11, s. 2 (7). Mobile activity (5) If the activity engaged in has been prescribed by the regulations for the purposes of this subsection, a person is not required to register the activity in respect of a specific site, subject to any conditions prescribed by the regulations.  2010, c. 16, Sched. 7, s. 2 (19). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 7, s. 2 (19) - 31/10/2011 2017, c. 2, Sched. 11, s. 2 (7) - 22/03/2017
PART II.2 REGISTRATIONS
Director to provide confirmation
20.22 (1) If a person registers an activity in the Registry and pays the required fee and provides the required financial assurance, if any, the Director shall provide the person with a confirmation of registration, which may be provided electronically.  2010, c. 16, Sched. 7, s. 2 (19). Retention of confirmation and maintenance of registration (2) A person who engages in a registered activity shall ensure that the confirmation of registration is retained and that, (a) the registration is maintained and updated in accordance with the regulations; and (b) the registration includes any information, reports, records or documents as may be required by the Director or as may be prescribed by the regulations.  2010, c. 16, Sched. 7, s. 2 (19). Complete and accurate information, etc. (3) If the Director is not satisfied that any information, reports, records or documents included in or filed with a registration are complete or accurate, the Director may require the person engaging in the registered activity to file information, reports, records or documents that are complete and accurate and the person shall comply with the requirement.  2010, c. 16, Sched. 7, s. 2 (19). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 7, s. 2 (19) - 31/10/2011
PART II.2 REGISTRATIONS
Suspension or removal of registration
20.23 (1) The Director may suspend a registration in respect of an activity or remove the registration from the Registry if, (a) the person who is engaging in the activity is in contravention of this Act, the Ontario Water Resources Act or the regulations made under either of those Acts; (b) the confirmation of registration was provided on the basis of mistaken, false or inaccurate information; (c) the person who is engaging in the activity requests that its registration be removed; (d) the person who was engaging in the activity is no longer doing so; (e) the Director has issued an order under section 20.18 to the person who is engaging in the activity and, (i) if no application has been made for an approval under Part II.1 or for a prescribed instrument under another Act, (A) the period during which a hearing may be required in respect of the order has lapsed, or (B) if a hearing has been required, the decision of the Tribunal has been issued, all rights of appeal have been exhausted and the order of the Director has not been revoked, or (ii) if an application has been made for an approval under Part II.1 or for a prescribed instrument under another Act, the decision in respect of the application has been made; or (f) the registration is obsolete.  2010, c. 16, Sched. 7, s. 2 (19); 2017, c. 2, Sched. 11, s. 2 (8, 9). Order (2) If the Director suspends or removes a registration on the grounds set out in clause (1) (a), (b) or (d), the Director shall do so by order and shall serve the order together with written reasons on the person who is or was engaging in the activity. 2010, c. 16, Sched. 7, s. 2 (19). End of suspension (3) The Director may end a suspension of a registration if the Director is satisfied that the reasons for the suspension no longer exist.  2010, c. 16, Sched. 7, s. 2 (19). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 7, s. 2 (19) - 31/10/2011 2017, c. 2, Sched. 11, s. 2 (8, 9) - 22/03/2017
PART II.2 REGISTRATIONS
Filing of notice or order in Registry
20.24 Any person who gives a notice or issues an order under this Part or a notice under section 157.4 shall file a copy of the notice or order in the Registry.  2010, c. 16, Sched. 7, s. 2 (19). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 7, s. 2 (19) - 31/10/2011 Part III (s. 21-23) Repealed: 2019, c. 14, sched. 8, s. 5. 21 Repealed: 2019, c. 14, Sched. 8, s. 5. Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 8, s. 5 - 01/07/2022 22 Repealed: 2019, c. 14, Sched. 8, s. 5. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 3 - 01/02/1999 2019, c. 14, Sched. 8, s. 5 - 01/07/2022 23 Repealed: 2019, c. 14, Sched. 8, s. 5. Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 8, s. 5 - 01/07/2022 PART IV   WATER
PART V WASTE MANAGEMENT
Definitions, Part V
25 In this Part, “operator” means the person in occupation or having the charge, management, or control of a waste management system or a waste disposal site; (“exploitant”) “owner” includes, (a) a person that is responsible for the establishment or operation of a waste management system or waste disposal site, or (b) the person that owns the land in or on which a waste disposal site is located; (“propriétaire”) “owner”, in section 47, means a person that is responsible for the operation of a well that is a waste disposal site; (“propriétaire”) “waste” includes ashes, garbage, refuse, domestic waste, industrial waste, or municipal refuse and such other materials as are designated in the regulations; (“déchets”) “waste disposal site” means, (a) any land upon, into, in or through which, or building or structure in which, waste is deposited, disposed of, handled, stored, transferred, treated or processed, and (b) any operation carried out or machinery or equipment used in connection with the depositing, disposal, handling, storage, transfer, treatment or processing referred to in clause (a); (“lieu d’élimination des déchets”) “waste management system” means any facilities or equipment used in, and any operations carried out for, the management of waste including the collection, handling, transportation, storage, processing or disposal of waste, and may include one or more waste disposal sites. (“système de gestion des déchets”) R.S.O. 1990, c. E.19, s. 25; 1992, c. 1, s. 25. Section Amendments with date in force (d/m/y) 1992, c. 1, s. 25 (1, 2) - 27/04/1992
PART V WASTE MANAGEMENT
Application of Part, domestic waste
26 This Part does not apply to the storage or disposal by any person of the person’s domestic wastes on the person’s own property unless the Director is of the opinion, based upon reasonable and probable grounds, that such storage or disposal is or is likely to create a nuisance, or to any sewage or other works to which the Ontario Water Resources Act or the regulations thereunder apply.  R.S.O. 1990, c. E.19, s. 26; 2005, c. 12, s. 1 (11). Section Amendments with date in force (d/m/y) 2005, c. 12, s. 1 (11)
- 13/06/2005
PART V WASTE MANAGEMENT
Report by Minister
29 (1) Where the Minister reports in writing to the clerk of a municipality that the Minister is of the opinion that it is necessary in the public interest that waste be collected or a waste management system or any part thereof be established, maintained, operated, improved, extended, enlarged, altered, repaired or replaced, it is not necessary to obtain the assent of the electors to any by-law for incurring a debt for any such purpose, and the municipality shall forthwith do every possible act and thing in its power to implement the report of the Minister within the time specified.  R.S.O. 1990, c. E.19, s. 29. Reasons (2) A report mentioned in subsection (1) must include a statement of the reasons for the Minister’s opinion. 1992, c. 1, s. 27. What report may require (3) A report may require a municipality, (a) to collect or transport such waste as is specified in the report, including such waste from such source outside the boundaries of the municipality as is specified in the report; (b) to accept, process or otherwise deal with such waste as is specified in the report, including such waste from such source outside the boundaries of the municipality as is specified in the report, in a waste management system or at a waste disposal site located in or owned, operated or controlled by the municipality. 1992, c. 1, s. 27. Compensation by persons benefiting (4) If a report requires a municipality to do anything that will benefit a person, the report may specify compensation to be provided to the municipality by that person for the benefit and the following apply: 1. The person shall provide the compensation if the person has been served with a copy of the report unless the person, within fifteen days after service, gives a written notice to the municipality and the Minister that the person renounces the benefit. 2. If the person renounces the benefit, the municipality is, with respect to the benefit, relieved from its obligation to implement the report. 1992, c. 1, s. 27. Waste from outside municipality (5) Requirements in a report relating to waste from a source outside the boundaries of a municipality are binding on the municipality only during the five-year period following the making of the report or during such shorter period as the report may specify. 1992, c. 1, s. 27. Report is an order (6) A report is an order for the purposes of Part XIV. 1992, c. 1, s. 27. Section Amendments with date in force (d/m/y) 1992, c. 1, s. 27 - 27/04/1992 30.-32 Repealed: 2010, c. 16, Sched. 7, s. 2 (23). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. F, s. 12 (12) - 06/12/2000 2010, c. 16, Sched. 7, s. 2 (23) - 31/10/2011
PART V WASTE MANAGEMENT
Hearing before Tribunal
33 (1) Upon receipt of a notice from the Director under section 36, the Tribunal shall hold a hearing with respect to the subject-matter of the notice.  R.S.O. 1990, c. E.19, s. 33 (1); 2000, c. 26, Sched. F, s. 12 (12); 2010, c. 16, Sched. 7, s. 2 (24). Parties (2) The applicant, the Director and any other persons specified by the Tribunal shall be parties to the hearing.  R.S.O. 1990, c. E.19, s. 33 (2); 2000, c. 26, Sched. F, s. 12 (12). (3) Repealed: 2000, c. 26, Sched. F, s. 12 (4). Decision (4) The Tribunal shall serve notice of its decision, together with reasons therefor, on the parties to the hearing, and the Director shall implement the decision.  R.S.O. 1990, c. E.19, s. 33 (4); 2000, c. 26, Sched. F, s. 12 (12). (5)-(9) Repealed: 2021, c. 4, Sched. 6, s. 45 (3). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. F, s. 12 (4, 5, 12) - 06/12/2000 2010, c. 16, Sched. 7, s. 2 (24) - 31/10/2011 2021, c. 4, Sched. 6, s. 45 (3) - 01/06/2021
PART V WASTE MANAGEMENT
Appeal from decision of Tribunal
34 A party to a proceeding under this Part before the Tribunal may appeal from its decision on a question of law to the Divisional Court.  2009, c. 33, Sched. 2, s. 28 (1). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. F, s. 12 (6, 12) - 06/12/2000 2009, c. 33, Sched. 2, s. 28 (1) - 15/12/2009 34.1 Repealed: 2010, c. 16, Sched. 7, s. 2 (25). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 2, s. 28 (1) - 15/12/2009 2010, c. 16, Sched. 7, s. 2 (25) - 31/10/2011 35 Repealed: 2010, c. 16, Sched. 7, s. 2 (25). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 7, s. 2 (25) - 31/10/2011
PART V WASTE MANAGEMENT
Hearing as to by-law
36 (1) Where a by-law of a municipality affects the location or operation of a proposed waste disposal site, the Director, upon the application of the person applying for approval under Part II.1 for the waste disposal site, may, by a notice in writing, and on such terms and conditions as he or she may direct, require the Tribunal to hold a public hearing to consider whether or not the by-law should apply to the proposed waste disposal site.  R.S.O. 1990, c. E.19, s. 36 (1); 2000, c. 26, Sched. F, s. 12 (12); 2010, c. 16, Sched. 7, s. 2 (26). When Tribunal to hold public hearing (2) Upon receipt of notice from the Director, the Tribunal shall hold a public hearing with respect to the subject-matter of the notice.  R.S.O. 1990, c. E.19, s. 36 (2); 2000, c. 26, Sched. F, s. 12 (12). (3) Repealed:  2000, c. 26, Sched. F, s. 12 (7). Parties and procedure (4) Where the Director requires a public hearing under subsection (1), (a) the applicant, the municipality and any other person specified by the Tribunal shall be given notice of the hearing in such manner as the Tribunal directs; and (b) the Tribunal shall hold the public hearing within the municipality within which it is proposed to locate the waste disposal site.  R.S.O. 1990, c. E.19, s. 36 (4); 2000, c. 26, Sched. F, s. 12 (12). Order (5) The Tribunal may order that the by-law referred to in subsection (1) does not apply to the proposed waste disposal site and the by-law shall thereupon be deemed not to apply thereto.  R.S.O. 1990, c. E.19, s. 36 (5); 2000, c. 26, Sched. F, s. 12 (12). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. F, s. 12 (7, 12) - 06/12/2000 2010, c. 16, Sched. 7, s. 2 (26) - 31/10/2011 37., 38 Repealed:  2010, c. 16, Sched. 7, s. 2 (27). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 7, s. 2 (27) - 31/10/2011 39 Repealed:  2010, c. 16, Sched. 7, s. 2 (29). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 7, s. 2 (28) - 25/10/2010; 2010, c. 16, Sched. 7, s. 2 (29) - 31/10/2011
PART V WASTE MANAGEMENT
Prohibition as to deposit of waste
40 No person shall deposit, or cause, permit or arrange for the deposit of, waste upon, in, into or through any land or land covered by water or in any building that is not a waste disposal site for which an environmental compliance approval or renewable energy approval has been issued or a registration under Part II.2 is in effect and except in accordance with the terms and conditions of the approval or the regulations made for the purposes of Part II.2.  2010, c. 16, Sched. 7, s. 2 (30). Section Amendments with date in force (d/m/y) 1998, c. 35, s. 4 - 01/02/1999 2009, c. 12, Sched. G, s. 2 - 24/09/2009 2010, c. 16, Sched. 7, s. 2 (30) - 31/10/2011
PART V WASTE MANAGEMENT
Prohibition as to use of facilities, etc.
41 No person shall use, or cause, permit or arrange for the use of, any facilities or equipment for the storage, handling, treatment, collection, transportation, processing or disposal of waste that is not part of a waste management system for which an environmental compliance approval or renewable energy approval has been issued or a registration under Part II.2 is in effect and except in accordance with the terms and conditions of the approval or the regulations made for the purposes of Part II.2.  2010, c. 16, Sched. 7, s. 2 (30). Section Amendments with date in force (d/m/y) 1998, c. 35, s. 5 - 01/02/1999 2009, c. 12, Sched. G, s. 2 - 24/09/2009 2010, c. 16, Sched. 7, s. 2 (30) - 31/10/2011