hordruma/ontario_laws_and_regs huggingface dataset:
PART X SPILLS
Testimony
104 Except in a proceeding under this Act or the regulations, no person who obtained information in the course of his or her duties or employment with the Environmental Compensation Corporation in connection with the administration of, or a proceeding under, this Act or the regulations is required to give testimony, other than testimony about a spill of a pollutant, in a civil suit or proceeding with regard to that information.  1997, c. 7, s. 2. Note:  No application for payment of a claim that is made to the Environmental Compensation Corporation after June 3, 1996 shall be processed and no payment shall be made pursuant to such an application.  See:  1997, c. 7, s. 11. Section Amendments with date in force (d/m/y) 1997, c. 7, s. 2 - 25/06/2010; 1997, c. 7, s. 11 - 05/06/1997
PART X SPILLS
Corporation dissolved
105 The Environmental Compensation Corporation is dissolved.  1997, c. 7, s. 2. Note:  No application for payment of a claim that is made to the Environmental Compensation Corporation after June 3, 1996 shall be processed and no payment shall be made pursuant to such an application.  See:  1997, c. 7, s. 11. Section Amendments with date in force (d/m/y) 1997, c. 7, s. 2 - 25/06/2010; 1997, c. 7, s. 11 - 05/06/1997 106-113 Repealed:  1997, c. 7, s. 2. Section Amendments with date in force (d/m/y) 1997, c. 7, s. 2 - 25/06/2010; 1997, c. 7, s. 11 - 05/06/1997 114 Repealed:  1997, c. 7, s. 2. Section Amendments with date in force (d/m/y) 1997, c. 7, s. 2 - 25/06/2010; 1997, c. 7, s. 11 - 05/06/1997 2006, c. 35, Sched. C, s. 36 (5) - 20/08/2007 115-117 Repealed:  1997, c. 7, s. 2. Section Amendments with date in force (d/m/y) 1997, c. 7, s. 2 - 25/06/2010; 1997, c. 7, s. 11 - 05/06/1997 118 Repealed:  1997, c. 7, s. 2. Section Amendments with date in force (d/m/y) 1997, c. 7, s. 2 - 25/06/2010; 1997, c. 7, s. 11 - 05/06/1997 2007, c. 4, s. 30 (1)
- 17/01/2008 119 Repealed:  1997, c. 7, s. 2. Section Amendments with date in force (d/m/y) 1997, c. 7, s. 2 - 25/06/2010; 1997, c. 7, s. 11 - 05/06/1997 120 Repealed:  1997, c. 7, s. 2. Section Amendments with date in force (d/m/y) 1997, c. 7, s. 2 - 25/06/2010; 1997, c. 7, s. 11 - 05/06/1997 2004, c. 17, s. 32
- 30/11/2004 121 Repealed:  1997, c. 7, s. 2. Section Amendments with date in force (d/m/y) 1997, c. 7, s. 2 - 25/06/2010; 1997, c. 7, s. 11 - 05/06/1997
PART X SPILLS
Limitation of farmers’ liability
123 The liability under this Part of farmers who are owners of pollutants or persons having control of pollutants and who are members of a class prescribed by the regulations is limited to the amount prescribed by the regulations or the amount calculated in the manner prescribed by the regulations in respect of such farmers.  R.S.O. 1990, c. E.19, s. 123. PART XI   CONTROL ORDERS AND STOP ORDERS
PART XI CONTROL ORDERS AND STOP ORDERS
Control orders
124 (1) The Director may, where he or she is authorized by this Act to issue a control order, order the person to whom it is directed to do any one or more of the following, namely, (a) to limit or control the rate of discharge of the contaminant into the natural environment in accordance with the directions set out in the order; (b) to stop the discharge of the contaminant into the natural environment, (i) permanently, (ii) for a specified period, or (iii) in the circumstances set out in the order; (c) to comply with any directions set out in the order relating to the manner in which the contaminant may be discharged into the natural environment; (d) to comply with any directions set out in the order relating to the procedures to be followed in the control or elimination of the discharge of the contaminant into the natural environment; (e) to install, replace or alter any equipment or thing designed to control or eliminate the addition, emission or discharge of the contaminant into the natural environment; (f) to monitor and record, both in the manner specified in the order, the discharge into the natural environment of the contaminant specified in the order and to report thereon to the Director; (g) to study and to report to the Director upon, (i) measures to control the discharge into the natural environment of the contaminant specified in the order, (ii) the effects of the discharge into the natural environment of the contaminant specified in the order, (iii) the natural environment into which the contaminant specified in the order is being or is likely to be discharged; and (h) to report to the Director in respect of fuel, materials and methods of production used and intended to be used, and the wastes that will or are likely to be generated. Report to Director (2) A person required under subsection (1) to study and to report to the Director on a matter shall report to the Director in the manner, at the times and with the information specified by the Director in the order.  R.S.O. 1990, c. E.19, s. 124.
PART XI CONTROL ORDERS AND STOP ORDERS
Compliance with control order
125 Subject to section 140, when a copy of a control order is served upon the person to whom it is directed, that person, (a) shall comply with the order forthwith; or (b) shall, if the order sets out a future date by which it is to be complied with, comply with the order on or not later than such future date.  R.S.O. 1990, c. E.19, s. 125.
PART XI CONTROL ORDERS AND STOP ORDERS
Where Director proposes to issue control order
127 (1) Where the Director proposes to issue a control order, the Director shall serve notice of his or her intention, together with written reasons therefor and a copy of the report of the provincial officer or other person designated under this Act upon which the reasons are based, and shall not issue the control order until fifteen days after the service thereof. Submissions to Director (2) The person to whom the Director intends to issue the control order may make submissions to the Director at any time before the control order is issued.  R.S.O. 1990, c. E.19, s. 127.
PART XI CONTROL ORDERS AND STOP ORDERS
Content of stop order
128 The Director may, where he or she is authorized by this Act to issue a stop order, order the person to whom it is directed to immediately stop or cause the source of contaminant to stop discharging into the natural environment any contaminant either permanently or for a specific period of time.  R.S.O. 1990, c. E.19, s. 128.
PART XI CONTROL ORDERS AND STOP ORDERS
Compliance
130 (1) When a copy of a stop order is served upon the person to whom it is directed, that person shall comply with the order immediately. Revocation (2) The Director may by a further order revoke a stop order and in such case shall cause a copy of the order to be served on the person to whom the stop order was directed.  R.S.O. 1990, c. E.19, s. 130. PART XII   FINANCIAL ASSURANCE
PART XII FINANCIAL ASSURANCE
Definitions, Part XII
131 In this Part, “approval” means program approval, environmental compliance approval or renewable energy approval, and includes a permit or approval issued by a Director under the Ontario Water Resources Act, but does not include an approval under Part X of this Act; (“autorisation”) “bank” means a bank named in Schedule I or Schedule II to the Bank Act (Canada); (“banque”) “environmental measures” means, (a) one or more of the measures set out in clauses 132 (1) (a) to (c) or 132 (1.1) (a) to (c), or (b) one or more of the measures prescribed by the regulations under clause 176 (1.3) (i); (“mesures d’ordre environnemental”) “financial assurance” means one or more of, (a) cash, in the amount specified in the approval, order, certificate of property use or a regulation made under clause 176 (1.3) (i), (b) a letter of credit from a bank, in the amount and terms specified in the approval, order, certificate of property use or a regulation made under clause 176 (1.3) (i), (c) negotiable securities issued or guaranteed by the Government of Ontario or the Government of Canada in the amount specified in the approval, order, certificate of property use or a regulation made under clause 176 (1.3) (i), (d) a personal bond accompanied by collateral security, each in the form, terms and amount specified in the approval, order, certificate of property use or a regulation made under clause 176 (1.3) (i), (e) the bond of an insurer licensed under the Insurance Act to write surety and fidelity insurance in the form, terms and amount specified in the approval, order, certificate of property use or a regulation made under clause 176 (1.3) (i), (f) a bond of a guarantor, other than an insurer referred to in clause (e), accompanied by collateral security, each in the form, terms and amount specified in the approval, order, certificate of property use or a regulation made under clause 176 (1.3) (i), (g) an agreement, in the form and terms specified in the approval, order or certificate of property use, and (h) an agreement, in the form and terms prescribed by the regulations; (“garantie financière”) “order” means an order by the Director under this Act, and includes an order, notice, direction, requirement or report made by a Director under the Ontario Water Resources Act, but does not include an order under section 136 (order for performance of environmental measures) of this Act; (“arrêté”) “works” means an activity, facility, thing, undertaking or site in respect of which an approval or order is issued or a registration under Part II.2 is in effect. (“travaux”)  R.S.O. 1990, c. E.19, s. 131; 1993, c. 27,  Sched.; 1997, c. 19, s. 34; 2001, c. 17, s. 2 (6, 7); 2009, c. 12, Sched. G, s. 6; 2010, c. 16, Sched. 7, s. 2 (45-47); 2017, c. 2, Sched. 11, s. 2 (11, 12). Section Amendments with date in force (d/m/y) 1993, c. 27, Sched. - 31/12/1991; 1997, c. 19, s. 34 (1, 2) - 10/10/1997 2001, c. 17, s. 2 (6, 7)
- 01/10/2004 2009, c. 12, Sched. G, s. 6 - 24/09/2009 2010, c. 16, Sched. 7, s. 2 (45-47) - 31/10/2011 2017, c. 2, Sched. 11, s. 2 (11, 12) - 22/03/2017 Financial assurance
PART XII FINANCIAL ASSURANCE
Approval or order
132 (1) The Director may include in an approval or order in respect of a works a requirement that the person to whom the approval is issued or the order is directed provide financial assurance to the Crown in right of Ontario for any one or more of, (a) the performance of any action specified in the approval or order; (b) the provision of temporary or permanent alternate water supplies to replace those that the Director has reasonable and probable grounds to believe are or are likely to be contaminated or otherwise interfered with by the works to which the approval or order is related; and (c) measures appropriate to prevent adverse effects upon and following the cessation or closing of the works.  R.S.O. 1990, c. E.19, s. 132 (1); 2005, c. 12, s. 1 (22). Certificate of property use (1.1) The Director may include in a certificate of property use a requirement that the person to whom the certificate is issued provide financial assurance to the Crown in right of Ontario for any one or more of, (a) the performance of any action specified in the certificate of property use; (b) the provision of temporary or permanent alternate water supplies to replace those that the Director has reasonable and probable grounds to believe are or are likely to be contaminated or otherwise interfered with by a contaminant on, in or under the property to which the certificate of property use relates; and (c) measures appropriate to prevent adverse effects in respect of the property to which the certificate of property use relates.  2001, c. 17, s. 2 (8); 2005, c. 12, s. 1 (23). Changes in amount of financial assurance (2) A requirement under subsection (1) or (1.1) may provide that the financial assurance may be provided, reduced or released in stages specified in the approval, order or certificate of property use.  2001, c. 17, s. 2 (9). Amendment of approval, order or certificate of property use (3) The Director may amend an approval, order or certificate of property use to change a requirement as to financial assurance contained in the approval, order or certificate of property use.  2001, c. 17, s. 2 (9). Section Amendments with date in force (d/m/y) 2001, c. 17, s. 2 (8, 9)
- 01/10/2004 2005, c. 12, s. 1 (22, 23) - 13/06/2005
PART XII FINANCIAL ASSURANCE
Failure to provide financial assurance
133 (1) Failure to provide financial assurance specified in an approval or in accordance with a stage specified in an approval is grounds for revocation of the approval and for an order in writing by the Director prohibiting or restricting the carrying on, operation or use of the works in respect of which the financial assurance is required.  R.S.O. 1990, c. E.19, s. 133 (1). Idem, order (2) Failure to provide financial assurance specified in an order or in accordance with a stage specified in an order is grounds for an order in writing by the Director prohibiting or restricting the carrying on, operation or use of the works in respect of which the financial assurance is required.  R.S.O. 1990, c. E.19, s. 133 (2). Same, certificate of property use (3) Failure to provide financial assurance specified in a certificate of property use or in accordance with a stage specified in a certificate of property use is grounds for an order in writing by the Director prohibiting or restricting the use of the property to which the certificate of property use relates.  2001, c. 17, s. 2 (10). Section Amendments with date in force (d/m/y) 2001, c. 17, s. 2 (10)
- 01/10/2004
PART XII FINANCIAL ASSURANCE
Return or release of financial assurance
134 (1) Upon request, part or all of the financial assurance given in respect of a works or certificate of property use may be returned or released pursuant to an order in writing by the Director.  R.S.O. 1990, c. E.19, s. 134 (1); 2001, c. 17, s. 2 (11). Grounds for order (2) The Director may make an order mentioned in subsection (1) if satisfied that the financial assurance returned or released is not required in respect of the works or certificate of property use.  R.S.O. 1990, c. E.19, s. 134 (2); 2001, c. 17, s. 2 (12). Section Amendments with date in force (d/m/y) 2001, c. 17, s. 2 (11, 12) - 01/10/2004
PART XII FINANCIAL ASSURANCE
Order for use of financial assurance
136 (1) In the circumstances set out in subsection (2), the Director by order may require the performance of environmental measures for which the Crown holds financial assurance and may require the use of the financial assurance for the performance of the environmental measures.  R.S.O. 1990, c. E.19, s. 136 (1). Basis for order (2) The Director may make an order mentioned in subsection (1) if the Director has reasonable and probable grounds to believe that any environmental measure required by the approval, order, certificate of property use or a regulation made under clause 176 (1.3) (i) in respect of which the financial assurance was given has not been or will not be carried out in accordance with the requirement.  2010, c. 16, Sched. 7, s. 2 (48); 2017, c. 2, Sched. 11, s. 2 (13). Parties affected (3) An order under this section shall be directed to, (a) the person, (i) to whom the approval, order or certificate of property use was issued or any other person who is bound by the approval, order or certificate of property use, or (ii) who registered the activity prescribed by the regulations for the purposes of subsection 20.21 (1), if the financial assurance has been provided pursuant to a regulation made under clause 176 (1.3) (i); and (b) any person that to the knowledge of the Director has provided the financial assurance for or on behalf of a person referred to in clause (a), or any successor or assignee of a person that to the knowledge of the Director has provided the financial assurance for or on behalf of a person referred to in clause (a).  2001, c. 17, s. 2 (14); 2010, c. 16, Sched. 7, s. 2 (49); 2017, c. 2, Sched. 11, s. 2 (14). Performance (4) Upon the issuance of an order by the Director under subsection (1), the Crown may, (a) use any cash; (b) realize any bond or other form of security, and use the money derived therefrom; and (c) enforce any agreement, provided or obtained as the financial assurance for the performance of the environmental measures and may carry out the environmental measures.  R.S.O. 1990, c. E.19, s. 136 (4). Section Amendments with date in force (d/m/y) 2001, c. 17, s. 2 (13, 14) - 01/10/2004 2010, c. 16, Sched. 7, s. 2 (48, 49) - 31/10/2011 2017, c. 2, Sched. 11, s. 2 (13, 14) - 22/03/2017 136.1 Section Amendments with date in force (d/m/y) 1997, c. 6, s. 3 (14) - no effect - see 1997, c. 30, Sched. B, s. 27 - 06/04/1998 PART XIII   APPEALs to tribunal 137 Repealed:  2000, c. 26, Sched. F, s. 12 (8). Section Amendments with date in force (d/m/y) 1992, c. 1, s. 32 - 27/04/1992; 1994, c. 27, s. 115 - 09/12/1994; 1997, c. 37, s. 2 (1) - 18/12/1997 2000, c. 26, Sched. F, s. 12 (8) - 06/12/2000
PART XIII APPEALS TO TRIBUNAL
Notice to municipalities, certain orders and decisions
138 When the Director makes an order or decision under this Act of a class prescribed by the regulations, the Director shall serve notice of the order or decision, together with written reasons therefor, on the clerk of any local municipality in which there is land on which the order or decision requires something to be done, permits something to be done or prohibits something from being done.  R.S.O. 1990, c. E.19, s. 138. Notice of decisions, general
PART XIII APPEALS TO TRIBUNAL
Appeal of order
140 (1) A person to whom an order of the Director is directed may, by written notice served upon the Director and the Tribunal within fifteen days after service upon the person of a copy of the order, require a hearing by the Tribunal.  R.S.O. 1990, c. E.19, s. 140 (1); 2000, c. 26, Sched. F, s. 12 (12). Failure or refusal to issue, etc., order (2) No failure or refusal to issue, amend, vary or revoke an order is an order.  R.S.O. 1990, c. E.19, s. 140 (2). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. F, s. 12 (12) - 06/12/2000
PART XIII APPEALS TO TRIBUNAL
Extension of time for requiring hearing
141 The Tribunal shall extend the time in which a person may give a notice under section 139 or 140 requiring a hearing on an order or decision where, in the Tribunal’s opinion, it is just to do so because service of the order or decision on the person did not give the person notice of the order or decision.  R.S.O. 1990, c. E.19, s. 141; 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
PART XIII APPEALS TO TRIBUNAL
Contents of notice requiring hearing
142 (1) An applicant for a hearing by the Tribunal shall state in the notice requiring the hearing, (a) the portions of the order, certificate of property use, direction, term, condition, suspension, revocation or licence or other form of permission in respect of which the hearing is required; and (b) the grounds on which the applicant for the hearing intends to rely at the hearing.  R.S.O. 1990, c. E.19, s. 142 (1); 2000, c. 26, Sched. F, s. 12 (12); 2001, c. 17, s. 2 (18). Effect of contents of notice (2) Except with leave of the Tribunal, at a hearing by the Tribunal an applicant is not entitled to appeal a portion of the order, certificate of property use, direction, term, condition, suspension, revocation or licence or other form of permission, or to rely on a ground, that is not stated in the applicant’s notice requiring the hearing.  R.S.O. 1990, c. E.19, s. 142 (2); 2000, c. 26, Sched. F, s. 12 (12); 2001, c. 17, s. 2 (19). Leave by Tribunal (3) The Tribunal may grant the leave referred to in subsection (2) where the Tribunal is of the opinion that to do so is proper in the circumstances, and the Tribunal may give such directions as the Tribunal considers proper consequent upon the granting of the leave.  R.S.O. 1990, c. E.19, s. 142 (3); 2000, c. 26, Sched. F, s. 12 (12). Non-application, s. 142.1 hearing (4) This section does not apply in the case of a hearing required under section 142.1.  2009, c. 12, Sched. G, s. 8. 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 (18, 19) - 01/10/2004 2009, c. 12, Sched. G, s. 8 - 24/09/2009
PART XIII APPEALS TO TRIBUNAL
Hearing re renewable energy approval
142.1 (1) This section applies to a person resident in Ontario who is not entitled under section 139 to require a hearing by the Tribunal in respect of a decision made by the Director under section 47.5.  2009, c. 12, Sched. G, s. 9. Same (2) A person mentioned in subsection (1) may, by written notice served upon the Director and the Tribunal within 15 days after a day prescribed by the regulations, require a hearing by the Tribunal in respect of a decision made by the Director under clause 47.5 (1) (a) or subsection 47.5 (2) or (3).  2009, c. 12, Sched. G, s. 9. Grounds for hearing (3) A person may require a hearing under subsection (2) only on the grounds that 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. 9. Section Amendments with date in force (d/m/y) 2009, c. 12, Sched. G, s. 9 - 24/09/2009
PART XIII APPEALS TO TRIBUNAL
Contents of notice requiring hearing, s. 142.1 hearing
142.2 (1) An applicant for a hearing required under section 142.1 shall state in the notice requiring the hearing, (a) a description of how engaging in the renewable energy project in accordance with the renewable energy approval will cause, (i) serious harm to human health, or (ii) serious and irreversible harm to plant life, animal life or the natural environment; (b) the portion of the renewable energy approval in respect of which the hearing is required; and (c) the relief sought.  2009, c. 12, Sched. G, s. 10. Effect of contents of notice, s. 142.1 hearing (2) Except with leave of the Tribunal, at a hearing by the Tribunal an applicant mentioned in subsection (1) is not entitled to appeal a portion of the renewable energy approval that is not stated in the applicant’s notice requiring the hearing.  2009, c. 12, Sched. G, s. 10. Leave by Tribunal, s. 142.1 hearing (3) The Tribunal may grant the leave referred to in subsection (2) where the Tribunal is of the opinion that to do so is proper in the circumstances, and the Tribunal may give such directions as the Tribunal considers proper consequent upon the granting of the leave.  2009, c. 12, Sched. G, s. 10. Section Amendments with date in force (d/m/y) 2009, c. 12, Sched. G, s. 10 - 24/09/2009