PART XVII MISCELLANEOUS
Administrative penalties
182.3 (1) The purpose of an administrative penalty issued under this section is, (a) to ensure compliance with, (i) the requirement to apply for a review under subsection 20.4 (2), (ii) the requirement to register an activity under subsection 20.21 (1), (iii) the requirement to maintain and update a registration under subsection 20.22 (2), or (iv) the requirement to carry out measures set out in a notice under section 157.4; or (b) to prevent a person or entity from deriving, directly or indirectly, any economic benefit as a result of contravening the requirements mentioned in clause (a).  2010, c. 16, Sched. 7, s. 2 (83). Order by provincial officer (2) A provincial officer may, subject to the regulations, issue an order requiring a person to pay an administrative penalty if, (a) the provincial officer is of the opinion that the person has contravened any of the requirements mentioned in clause (1) (a); and (b) the regulations authorize the issue of the order by a provincial officer.  2010, c. 16, Sched. 7, s. 2 (83). Order by Director (3) The Director may, subject to the regulations, issue an order requiring a person to pay an administrative penalty if the Director is of the opinion that the person has contravened any of the requirements mentioned in clause (1) (a).  2010, c. 16, Sched. 7, s. 2 (83). Limitation (4) An order mentioned in subsection (2) or (3) shall be served not later than one year after the day on which evidence of the contravention first came to the attention of a provincial officer or the Director.  2010, c. 16, Sched. 7, s. 2 (83). Orders not to be issued to employees, officers, directors or agents (5) If a person who is required to comply with a requirement mentioned in subsection (1) is a corporation, an order under subsection (2) or (3) shall not be issued to an employee, officer, director or agent of the corporation.  2010, c. 16, Sched. 7, s. 2 (83). Amount of penalty (6) The amount of the administrative penalty for each day or part of a day on which a contravention occurred or continues to occur shall be determined by the provincial officer or the Director in accordance with the regulations.  2010, c. 16, Sched. 7, s. 2 (83). Total penalty (7) Subject to subsection (8), the amount of the administrative penalty shall not exceed $100,000 for each contravention.  2010, c. 16, Sched. 7, s. 2 (83). Same, provincial officer (8) The amount of the administrative penalty specified in an order issued by a provincial officer shall not exceed $5,000 for each contravention.  2010, c. 16, Sched. 7, s. 2 (83). Contents of notice (9) An order mentioned in subsection (2) or (3) shall be served on the person who is required to pay the administrative penalty and shall, (a) contain a description of the contravention to which the order relates, including, if appropriate, the date of the contravention; (b) specify the amount of the penalty; (c) give particulars respecting the time for paying the penalty and the manner of payment; and (d) provide information to the person as to the person’s right to require, (i) a hearing under section 140, if the order is issued by the Director, or (ii) a review under section 182.4, if the order is issued by a provincial officer.  2010, c. 16, Sched. 7, s. 2 (83). Absolute liability (10) A requirement that a person pay an administrative penalty applies even if, (a) the person took all reasonable steps to prevent the contravention; or (b) at the time of the contravention, the person had an honest and reasonable belief in a mistaken set of facts that, if true, would have rendered the contravention innocent.  2010, c. 16, Sched. 7, s. 2 (83). Same (11) For greater certainty, nothing in subsection (10) affects the prosecution of an offence.  2010, c. 16, Sched. 7, s. 2 (83). Payment prevents conviction (12) A person who pays an administrative penalty in respect of a contravention and has remedied the contravention shall not be convicted of an offence under this Act in respect of the same contravention.  2010, c. 16, Sched. 7, s. 2 (83). Regulations (13) The Lieutenant Governor in Council may make regulations, (a) specifying the form and content of orders under this section; (b) governing the determination of the amount of administrative penalties; (c) respecting any matter necessary for the administration of the system of administrative penalties.  2010, c. 16, Sched. 7, s. 2 (83). Note: On a day to be named by proclamation of the Lieutenant Governor, section 182.3 of the Act is repealed and the following substituted: (See: 2019, c. 14, Sched. 8, s. 18) Annual report 182.3 (1) The Minister shall, not later than March 31 in each year, publish a report that sets out the following information for each contravention in respect of which an order was made during the previous calendar year under a provision listed in subsection (2): 1. The name of the person against whom the order was made. 2. A description of the contravention. 3. The amount of the penalty. 2019, c. 14, Sched. 8, s. 18. Provisions (2) For the purposes of subsection (1), the following provisions are listed: 1. Sections 182.1 and 182.4. 2. Sections 40 and 40.1 of the Nutrient Management Act, 2002. 3. Sections 106.1 and 106.3 of the Ontario Water Resources Act. 4. Sections 41.1 and 41.2 of the Pesticides Act. 5. Sections 121 and 121.1 of the Safe Drinking Water Act, 2002. 2019, c. 14, Sched. 8, s. 18. Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 7, s. 2 (83) - 31/10/2011 2019, c. 9, Sched. 7, s. 6 - no effect - see 2019, c. 14, Sched. 8, s. 80 - 10/12/2019; 2019, c. 14, Sched. 8, s. 18 - not in force