PART X SPILLS
Municipality’s order for costs and expenses
100.1 (1) If a pollutant is spilled, a municipality may issue an order requiring the owner of the pollutant or the person having control of the pollutant to pay to the municipality any reasonable costs or expenses incurred by the municipality, or a local board of the municipality within the meaning of the Municipal Affairs Act, to prevent, eliminate or ameliorate any adverse effects or to restore the natural environment.  2005, c. 12, s. 1 (21). Same (2) If an order to pay costs or expenses is issued under subsection (1) to a receiver or trustee in bankruptcy, the receiver or trustee in bankruptcy is not personally liable for those costs unless the spill arose from the gross negligence or wilful misconduct of the receiver or trustee in bankruptcy or of a receiver representative or trustee in bankruptcy representative.  2005, c. 12, s. 1 (21). Contents (3) An order under subsection (1) shall include, (a) a statement identifying the spill to which the order relates; (b) a description of things for which the municipality or local board incurred costs or expenses for a purpose referred to in subsection (1); (c) a detailed account of the costs and expenses incurred in doing the things; and (d) a direction that the person to whom the order is issued pay the costs and expenses to the municipality.  2005, c. 12, s. 1 (21). Application of s. 153 (4) Section 153 applies, with necessary modifications, in respect of an order under subsection (1).  2005, c. 12, s. 1 (21). Lien (5) If a municipality issues an order under subsection (1) against a person who owns real property in the municipality and the pollutant was spilled on that property, the municipality shall have a lien on the property for the amount specified in the order and that amount shall have priority lien status, as described in section 1 of the Municipal Act, 2001 or section 3 of the City of Toronto Act, 2006, as the case may be.  2005, c. 12, s. 1 (21); 2006, c. 32, Sched. C, s. 19 (1). Contribution and indemnity (6) Subsections 99.1 (5) to (8) apply, with necessary modifications, in respect of orders issued by a municipality under subsection (1) and, for that purpose, a reference in those subsections to Her Majesty in right of Ontario shall be deemed to be a reference to the municipality.  2005, c. 12, s. 1 (21). Appeals (7) A person to whom an order of a municipality is directed under subsection (1) may, by written notice served on the municipality and the Tribunal within 15 days after service on the person of a copy of the order, require a hearing by the Tribunal.  2005, c. 12, s. 1 (21). Extension of time for requiring hearing (8) The Tribunal shall extend the time in which a person may give a notice under subsection (7) requiring a hearing if, in the Tribunal’s opinion, it is just to do so because service of the order on the person did not give the person notice of the order.  2005, c. 12, s. 1 (21). Contents of notice requiring hearing (9) A person who gives a notice under subsection (7) shall state in the notice, (a) the portions of the order in respect of which the hearing is required; and (b) the grounds on which the person intends to rely at the hearing.  2005, c. 12, s. 1 (21). Effect of contents of notice (10) Except with leave of the Tribunal, at a hearing by the Tribunal, the person who required the hearing under subsection (7) is not entitled to appeal a portion of the order, or to rely on a ground, that is not stated in the person’s notice requiring the hearing.  2005, c. 12, s. 1 (21). Leave by Tribunal (11) The Tribunal may grant the leave referred to in subsection (10) if 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 on the granting of the leave.  2005, c. 12, s. 1 (21). Automatic stay on appeal (12) The commencement of a proceeding before the Tribunal stays the operation of the order made under subsection (1).  2005, c. 12, s. 1 (21). Parties to hearing (13) The person requiring the hearing, the municipality and any other person specified by the Tribunal are parties to the hearing.  2005, c. 12, s. 1 (21). Costs may be increased (14) At a hearing by the Tribunal under this section, the municipality 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 (21). What Tribunal may consider (15) At a hearing by the Tribunal under this section, 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 the municipality or local board incurred costs or expenses for a purpose referred to in subsection (1), or (ii) are unreasonable having regard to what was done.  2005, c. 12, s. 1 (21). Appeals from Tribunal (16) Any party to a hearing before the Tribunal under this section 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 (21). (17) Repealed: 2021, c. 4, Sched. 10, s. 1 (2). Decision of Tribunal not automatically stayed on appeal (18) 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 (21); 2021, c. 4, Sched. 10, s. 1 (3); 2021, c. 4, Sched. 10, s. 1 (3). Divisional Court may grant or set aside stay (19) 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 (18).  2005, c. 12, s. 1 (21); 2021, c. 4, Sched. 10, s. 1 (4). Section Amendments with date in force (d/m/y) 2005, c. 12, s. 1 (21)
- 13/06/2005 2006, c. 32, Sched. C, s. 19 (1) - 01/01/2007 2021, c. 4, Sched. 10, s. 1 (2-4) - 01/06/2021