hordruma/ontario_laws_and_regs huggingface dataset:
PART XIII APPEALS TO TRIBUNAL
No automatic stay on appeal
143 (1) The commencement of a proceeding before the Tribunal under this Part does not stay the operation of a decision or order made under this Act, other than, (a) an order to pay costs and expenses under section 99.1; (b) an order to pay the costs of work made under section 150; (c) an order to pay an environmental penalty; or Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 143 (1) of the Act is amended by adding “or” after clause (b) and by striking out clause (c). (See: 2019, c. 14, Sched. 8, s. 6) (d) an order to pay an administrative penalty.  2005, c. 12, s. 1 (24); 2010, c. 16, Sched. 7, s. 2 (54). Tribunal may grant stay (2) The Tribunal may, on the application of a party to a proceeding before it, stay the operation of a decision or order, other than, (a) an order to monitor, record and report; or (b) an order issued under section 168.8, 168.14 or 168.20.  2001, c. 17, s. 2 (20). When stay may not be granted (3) The Tribunal shall not stay the operation of a decision or order if doing so would result in, (a) danger to the health or safety of any person; (b) impairment or serious risk of impairment of the quality of the natural environment for any use that can be made of it; or (c) injury or damage or serious risk of injury or damage to any property or to any plant or animal life.  R.S.O. 1990, c. E.19, s. 143 (3); 2000, c. 26, Sched. F, s. 12 (12). Right to apply to remove stay: new circumstances (4) A party to a proceeding may apply for the removal of a stay if relevant circumstances have changed or have become known to the party since the stay was granted, and the Tribunal may grant the application.  R.S.O. 1990, c. E.19, s. 143 (4); 2000, c. 26, Sched. F, s. 12 (12). Right to apply to remove stay: new party (5) A person who is made a party to a proceeding after a stay is granted may, at the time the person is made a party, apply for the removal of the stay, and the Tribunal may grant the application.  R.S.O. 1990, c. E.19, s. 143 (5); 2000, c. 26, Sched. F, s. 12 (12); 2009, c. 19, s. 67 (3). Removal of stay by Tribunal (6) The Tribunal, on the application of a party under subsection (4) or (5), shall remove a stay if failure to do so would have one or more of the results mentioned in clauses (3) (a) to (c).  R.S.O. 1990, c. E.19, s. 143 (6); 2000, c. 26, Sched. F, s. 12 (12). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. F, s. 12 (12) - 06/12/2000 2001, c. 17, s. 2 (20)
- 01/12/2002 2005, c. 12, s. 1 (24)
- 13/06/2005 2009, c. 19, s. 67 (3)
- 01/01/2010 2010, c. 16, Sched. 7, s. 2 (54) - 31/10/2011 2019, c. 14, Sched. 8, s. 6 - not in force 144 Repealed:  2005, c. 12, s. 1 (25). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. F, s. 12 (12) - 06/12/2000 2005, c. 12, s. 1 (25)
- 13/06/2005
PART XIII APPEALS TO TRIBUNAL
Parties to hearing
145 (1) The person requiring the hearing, the Director and any other person specified by the Tribunal are parties to the hearing.  R.S.O. 1990, c. E.19, s. 145 (1); 2000, c. 26, Sched. F, s. 12 (12). Same, s. 142.1 hearing (2) In the case of a hearing required under section 142.1, the holder of the renewable energy approval is a party to the hearing.  2009, c. 12, Sched. G, s. 11. Section Amendments with date in force (d/m/y) 1997, c. 37, s. 2 (2) - 18/12/1997 2000, c. 26, Sched. F, s. 12 (9, 12) - 06/12/2000 2009, c. 12, Sched. G, s. 11 - 24/09/2009
PART XIII APPEALS TO TRIBUNAL
Costs specified in order to pay may be increased by Tribunal
145.1 At a hearing by the Tribunal under this Part on an order to pay costs or expenses under section 99.1 or 150, the Director may, on reasonable notice to all parties, ask the Tribunal to amend the order by adding new costs or expenses or by increasing the amounts set out in the order.  2005, c. 12, s. 1 (26). Section Amendments with date in force (d/m/y) 1997, c. 37, s. 2 (3) - 18/12/1997 2000, c. 26, Sched. F, s. 12 (10) - 06/12/2000 2005, c. 12, s. 1 (26)
- 13/06/2005
PART XIII APPEALS TO TRIBUNAL
Powers of Tribunal
145.2 (1) Subject to sections 145.3 and 145.4, a hearing by the Tribunal under this Part shall be a new hearing and the Tribunal may confirm, alter or revoke the action of the Director that is the subject-matter of the hearing and may by order direct the Director to take such action as the Tribunal considers the Director should take in accordance with this Act and the regulations, and, for such purposes, the Tribunal may substitute its opinion for that of the Director.  2005, c. 12, s. 1 (26). Non-application of subs. (1) (2) Subsection (1) does not apply in respect of a hearing required under section 142.1.  2009, c. 12, Sched. G, s. 12. Section Amendments with date in force (d/m/y) 1997, c. 6, s. 3 (15) - no effect - see 1997, c. 30, Sched. B, s. 27 - 06/04/1998 2005, c. 12, s. 1 (26)
- 13/06/2005 2009, c. 12, Sched. G, s. 12 - 24/09/2009
PART XIII APPEALS TO TRIBUNAL
Hearing required under s. 142.1
145.2.1 (1) This section applies to a hearing required under section 142.1.  2009, c. 12, Sched. G, s. 13. What Tribunal must consider (2) The Tribunal shall review the decision of the Director and shall consider only whether engaging in the renewable energy project in accordance with the renewable energy approval will cause, (a) serious harm to human health; or (b) serious and irreversible harm to plant life, animal life or the natural environment.  2009, c. 12, Sched. G, s. 13. Onus of proof (3) The person who required the hearing has the onus of proving that engaging in the renewable energy project in accordance with the renewable energy approval will cause harm referred to in clause (2) (a) or (b).  2009, c. 12, Sched. G, s. 13. Powers of Tribunal (4) If the Tribunal determines that engaging in the renewable energy project in accordance with the renewable energy approval will cause harm referred to in clause (2) (a) or (b), the Tribunal may, (a) revoke the decision of the Director; (b) by order direct the Director to take such action as the Tribunal considers the Director should take in accordance with this Act and the regulations; or (c) alter the decision of the Director, and, for that purpose, the Tribunal may substitute its opinion for that of the Director.  2009, c. 12, Sched. G, s. 13. Same (5) The Tribunal shall confirm the decision of the Director if the Tribunal determines that engaging in the renewable energy project in accordance with the renewable energy approval will not cause harm described in clause (2) (a) or (b).  2009, c. 12, Sched. G, s. 13. Deemed confirmation of decision (6) The decision of the Director shall be deemed to be confirmed by the Tribunal if the Tribunal has not disposed of the hearing in respect of the decision within the period of time prescribed by the regulations.  2009, c. 12, Sched. G, s. 13. Section Amendments with date in force (d/m/y) 2009, c. 12, Sched. G, s. 13 - 24/09/2009
PART XIII APPEALS TO TRIBUNAL
Consistency with policies
145.2.2 A decision or order of the Tribunal under this Part in respect of a renewable energy approval shall be consistent with any policies issued by the Minister under section 47.7 that are in effect on the date of the Director’s decision.  2009, c. 12, Sched. G, s. 13. Section Amendments with date in force (d/m/y) 2009, c. 12, Sched. G, s. 13 - 24/09/2009
PART XIII APPEALS TO TRIBUNAL
What Tribunal may consider at hearing to pay costs
145.3 (1) At a hearing by the Tribunal on an order under subsection 99.1 (1) to a person to pay the costs and expenses of doing things, the Tribunal shall consider only, (a) whether the person to whom the order was directed was, immediately before the discharge into the natural environment, (i) the owner of the thing that was discharged, (ii) the person having charge, management or control of the thing that was discharged, or (iii) the employee or agent of the person having charge, management or control of the thing that was discharged; or (b) whether any of the costs or expenses specified in the order, (i) do not relate to things for which Her Majesty in right of Ontario incurred costs or expenses for a purpose referred to in subsection 99.1 (1), or (ii) are unreasonable having regard to what was done.  2005, c. 12, s. 1 (26). Same (2) At a hearing by the Tribunal on an order under subsection 150 (1) or (2.1) to a person to pay the costs of doing things, the Tribunal shall consider only whether any of the costs specified in the order, (a) do not relate to a thing that the person was required to do by an order or decision made under this Act, as amended by any Tribunal decision or on any appeal from a Tribunal decision; or (b) are unreasonable having regard to what was done.  2005, c. 12, s. 1 (26). Same, receiver or trustee in bankruptcy (3) For the purpose of subsection (2), if the order under subsection 150 (1) or (2.1) was issued to a receiver or trustee in bankruptcy, (a) the receiver or trustee in bankruptcy shall be deemed to have been required to do any thing that was required to be done by the person whose property the receiver or trustee in bankruptcy holds or administers; and (b) the receiver or trustee in bankruptcy shall be deemed to have been required to do a thing that, pursuant to subsection 19 (5) or 168.20 (7), the receiver or trustee in bankruptcy was not required to do.  2005, c. 12, s. 1 (26). Section Amendments with date in force (d/m/y) 2005, c. 12, s. 1 (26)
- 13/06/2005
PART XIII APPEALS TO TRIBUNAL
Amount of environmental penalties
145.4 (1) For greater certainty, if a hearing by the Tribunal is required under section 140 in respect of an order to pay an environmental penalty, the regulations made under clause 182.1 (15) (d) governing the determination of the amounts of environmental penalties apply to the Tribunal.  2005, c. 12, s. 1 (27). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 145.4 (1) of the Act is repealed. (See: 2019, c. 14, Sched. 8, s. 7 (1)) Amount of administrative penalties (1.1) For greater certainty, if a hearing by the Tribunal is required under section 140 in respect of an order to pay an administrative penalty, the regulations made under clause 182.3 (13) (b) governing the determination of the amounts of administrative penalties apply to the Tribunal.  2010, c. 16, Sched. 7, s. 2 (55). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 145.4 (1.1) of the Act is amended by striking out “182.3 (13) (b)” and substituting “182.1 (14) (c)”. (See: 2019, c. 14, Sched. 8, s. 7 (2)) Same (2) Subject to subsection (1), if a hearing by the Tribunal is required under section 140 in respect of an order to pay an environmental penalty or an administrative penalty, the Tribunal shall not substitute its opinion for that of the Director with respect to the amount of the penalty unless the Tribunal considers the amount to be unreasonable.  2005, c. 12, s. 1 (27); 2010, c. 16, Sched. 7, s. 2 (56). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 145.4 (2) of the Act is amended by striking out “Subject to subsection (1)” at the beginning and by striking out “an environmental penalty or”. (See: 2019, c. 14, Sched. 8, s. 7 (3)) Section Amendments with date in force (d/m/y) 2005, c. 12, s. 1 (27)
- 01/08/2007 2010, c. 16, Sched. 7, s. 2 (55, 56) - 31/10/2011 2019, c. 9, Sched. 7, s. 2 - no effect - see 2019, c. 14, Sched. 8, s. 80 - 10/12/2019; 2019, c. 14, Sched. 8, s. 7 (1-3) - not in force
PART XIII APPEALS TO TRIBUNAL
Onus for certain proceedings that relate to discharges
145.5 (1) This section applies to a hearing by the Tribunal under this Part if, (a) the hearing was required by a regulated person; (b) the order that is the subject of the hearing is, (i) an order made under subsection 182.1 (1), or (ii) an order made under section 157, an order made under section 157.2 that amends an order made under section 157, or an order made under section 157.3 that confirms or alters an order made under section 157, unless the contravention in respect of which the order is made is prescribed by the regulations made under section 182.1 as a contravention in respect of which an order may not be issued under subsection 182.1 (1); and (c) the order that is the subject of the hearing relates to a contravention described in clause 182.1 (1) (a).  2005, c. 12, s. 1 (27). Contraventions of s. 14 (2) If this section applies to a hearing and the order that is the subject of the hearing relates to a contravention of section 14, the person who required the hearing has the onus of proving that the discharge of the contaminant into the natural environment did not cause and could not have caused an adverse effect.  2005, c. 12, s. 1 (27). Contraventions of s. 93 (3) If this section applies to a hearing and the order that is the subject of the hearing relates to a contravention of section 93, the person who required the hearing has the onus of proving that, (a) the discharge of the pollutant was not abnormal in quality or quantity in light of all the circumstances of the discharge; (b) the pollutant that was spilled did not cause and was not likely to cause an adverse effect; or (c) forthwith after the pollutant was spilled, the person
did everything practicable to prevent, eliminate and ameliorate the adverse effect and to restore the natural environment.  2005, c. 12, s. 1 (27). Contraventions of other discharge provisions (4) If this section applies to a hearing and the order that is the subject of the hearing relates to a discharge into the natural environment in contravention of a provision referred to in subclause 182.1 (1) (a) (iii), (iv) or (v), the person who required the hearing has the onus of proving that the person did not contravene the provision.  2005, c. 12, s. 1 (27). Note: On a day to be named by proclamation of the Lieutenant Governor, section 145.5 of the Act is repealed. (See: 2019, c. 14, Sched. 8, s. 8) Section Amendments with date in force (d/m/y) 2005, c. 12, s. 1 (27)
- 01/08/2007 2019, c. 14, Sched. 8, s. 8 - not in force
PART XIII APPEALS TO TRIBUNAL
Appeals from Tribunal
145.6 (1) Any party to a hearing before the Tribunal under this Part may appeal from its decision or order on a question of law to the Divisional Court in accordance with the rules of court.  2005, c. 12, s. 1 (28). (2) Repealed: 2021, c. 4, Sched. 10, s. 1 (5). Decision of Tribunal not automatically stayed on appeal (3) An appeal of a decision of the Tribunal to the Divisional Court under this section does not stay the operation of the decision, unless the Tribunal orders otherwise.  2005, c. 12, s. 1 (28); 2021, c. 4, Sched. 10, s. 1 (6). Divisional Court may grant or set aside stay (4) If a decision of the Tribunal is appealed to the Divisional Court under this section, the Divisional Court may, (a) stay the operation of the decision; or (b) set aside a stay ordered by the Tribunal under subsection (3).  2005, c. 12, s. 1 (28); 2021, c. 4, Sched. 10, s. 1 (7). Section Amendments with date in force (d/m/y) 2005, c. 12, s. 1 (28)
- 13/06/2005 2021, c. 4, Sched. 10, s. 1 (5-7) - 01/06/2021 PART XIV   WORK DONE BY MINISTRY
PART XIV WORK DONE BY MINISTRY
Director may cause things to be done
147 (1) Where an order or decision made under this Act is not stayed, the Director may cause to be done any thing required by it if, (a) a person required by the order or decision to do the thing, (i) has refused to comply with or is not complying with the order or decision, (ii) is not likely, in the Director’s opinion, to comply with the order or decision promptly, (iii) is not likely, in the Director’s opinion, to carry out the order or decision competently, or (iv) requests the assistance of the Director in complying with the order or decision; (a.1) a receiver or trustee in bankruptcy is not required to do the thing because of subsection 19 (5) or 168.20 (7); or (b) in the Director’s opinion, it would be in the public interest to do so.  R.S.O. 1990, c. E.19, s. 147 (1); 2001, c. 17, s. 2 (21). Notice of intent to cause things to be done (2) The Director shall give notice of an intention to cause a thing to be done under subsection (1), (a) to each person required by an order or decision made under this Act to do the thing; and (b) if a receiver or trustee in bankruptcy is not required to do the thing because of subsection 19 (5) or 168.20 (7), to the receiver or trustee in bankruptcy.  2001, c. 17, s. 2 (22). Idem (3) A person who receives a notice under subsection (2) shall not do the thing referred to in the notice without the permission of the Director.  R.S.O. 1990, c. E.19, s. 147 (3). Section Amendments with date in force (d/m/y) 2001, c. 17, s. 2 (21, 22) - 01/12/2002
PART XIV WORK DONE BY MINISTRY
Parts XV.1 and XV.2: Director may cause things to be done
148.1 (1) If, but for Part XV.1 or XV.2, the Minister, the Director or a provincial officer would be authorized by this Act to make an order requiring a person to do a thing, the Director may cause the thing to be done.  2001, c. 17, s. 2 (23). Same (2) Subsection (1) applies even if the Director is authorized to make an order requiring another person to do the thing.  2001, c. 17, s. 2 (23). Section Amendments with date in force (d/m/y) 2001, c. 17, s. 2 (23)
- 01/12/2002 Powers of entry for ss. 146 to 148.1
PART XIV WORK DONE BY MINISTRY
Entry without judicial order
149 (1) A person who is responsible for doing a thing under section 146, 147, 148 or 148.1 may, for the purpose, enter on or into any land or place on or in which the thing is to be done and any adjacent land or place without an order if, (a) the entry is made with the consent of an occupier or owner of the land or place; or (b) the delay necessary to obtain an order under subsection (2) would result in, (i) danger to the health or safety of any person, (ii) impairment or serious risk of impairment of the quality of the natural environment for any use that can be made of it, or (iii) injury or damage or serious risk of injury or damage to any property or to any plant or animal life.  1998, c. 35, s. 13 (1); 2001, c. 17, s. 2 (24). Order authorizing entry (2) A justice who is satisfied on evidence under oath that there is reasonable ground to believe that entry on land or into or on a place is necessary for the purpose of doing a thing under section 146, 147, 148 or 148.1, may issue an order authorizing the person named in the order to make the entry and do the thing.  1998, c. 35, s. 13 (1); 2001, c. 17, s. 2 (25). Execution and expiry of order (3) An order issued under subsection (2) shall, (a) specify the times, which may be 24 hours each day, during which the order may be carried out; and (b) state when the order expires.  1998, c. 35, s. 13 (1). Renewal (4) Before or after the order expires, a justice may renew the order, for such additional periods as the justice considers necessary.  1998, c. 35, s. 13 (1). Use of force (5) A person authorized under clause (1) (b) or subsection (2) to enter land or a place for the purpose of doing a thing may call on police officers as necessary and may use force as necessary to make the entry and do the thing.  R.S.O. 1990, c. E.19, s. 149 (5); 1998, c. 35, s. 13 (2). Assistance (6) A person named in an order issued under subsection (2) may call on any other persons he or she considers advisable to execute the order.  R.S.O. 1990, c. E.19, s. 149 (6); 1998, c. 35, s. 13 (3). Application without notice (7) A justice may receive and consider an application for an order or renewal of an order under this section without notice to the owner or occupier of the land or place.  1998, c. 35, s. 13 (4). Identification (8) On the request of an owner or occupier of the land or place, a person who exercises a power conferred under subsection (1) or (2) shall identify himself or herself and shall explain the purpose of the entry.  R.S.O. 1990, c. E.19, s. 149 (8); 1998, c. 35, s. 13 (5). Section Amendments with date in force (d/m/y) 1998, c. 35, s. 13 (1-5) - 01/02/1999 2001, c. 17, s. 2 (24, 25) - 01/12/2002
PART XIV WORK DONE BY MINISTRY
Order to pay may be enforced as judgment of the Superior Court of Justice
153 (1) An order to pay costs may be filed with a local registrar of the Superior Court of Justice and enforced as if it were an order of the court.  R.S.O. 1990, c. E.19, s. 153 (1); 2001, c. 9, Sched. G, s. 5 (21). Interest (2) Section 129 of the Courts of Justice Act, applies in respect of an order filed with the Superior Court of Justice under subsection (1) and, for the purpose, the date of filing shall be deemed to be the date of the order.  R.S.O. 1990, c. E.19, s. 153 (2); 2001, c. 9, Sched. G, s. 5 (21). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. G, s. 5 (21) - 29/06/2001
PART XIV WORK DONE BY MINISTRY
Costs may be recovered from deposit or financial assurance
155 Where an order to pay costs is directed to a person who has given a deposit under a regulation or is in respect of works or property for which financial assurance is required under Part XII or a regulation made under clause 176 (1.3) (i), the deposit or financial assurance may be used to recover amounts specified in the order to pay costs.  2010, c. 16, Sched. 7, s. 2 (57); 2017, c. 2, Sched. 11, s. 2 (15). Section Amendments with date in force (d/m/y) 2001, c. 17, s. 2 (29)
- 01/10/2004 2010, c. 16, Sched. 7, s. 2 (57) - 31/10/2011 2017, c. 2, Sched. 11, s. 2 (15) - 22/03/2017 PART XV   PROVINCIAL OFFICERS