PART XVII MISCELLANEOUS
Regulations, additional
176 (1) The Lieutenant Governor in Council may make regulations, (a)  Repealed:  1997, c. 7, s. 4 (1). (b) requiring the persons responsible for sources of contaminants in a class of sources of contaminants to monitor, record and report to the Ministry or to the persons specified in the regulations on the sources of contaminants including, but not limited to, fuel, materials and methods of production used and intended to be used, the wastes and contaminants that will or are likely to be generated, the natural environment that may be affected by the discharge of the contaminants and the effects of the discharge of the contaminants, and to perform and report to the Ministry on research respecting methods of reducing or preventing the generation of wastes and contaminants from the sources of contaminants; (c), (d)  Repealed:  1997, c. 7, s. 4 (1). (e) prescribing maximum permissible amounts, concentrations or levels of any contaminant or combination of contaminants and any class of either of them; (f) prescribing methods or standards, or both, for determining the amount, concentration or level of any contaminant, combination of contaminants or any class of either of them; (g) governing the disposal of soil, rock or related material from property; (h) governing the discharge of any contaminant and prescribing requirements for any plant, structure, equipment, apparatus, mechanism or thing that may discharge a contaminant or from which a contaminant may be discharged in relation to, (i) planning, design, siting, public notification and consultation, establishment, insurance, facilities, staffing, operation, maintenance, monitoring, record-keeping, submission of reports to the Director and improvement, and (ii) the discontinuance of the operation of any plant, structure, equipment, apparatus, mechanism or thing; (h.1) governing the alteration or cessation of a process, rate of production or a rate or manner of discharge of contaminants into the natural environment; (h.2) deeming an environmental compliance approval to exist in respect of any plant, structure, equipment, apparatus, mechanism, thing, process, rate of production or rate or manner of discharge of a contaminant to which subsection 9 (1) would apply but for an exemption from the requirement to obtain an environmental compliance approval set out in a regulation; (h.3) deeming a renewable energy approval to exist in respect of a renewable energy project to which subsection 47.3 (1) would apply but for an exemption from the requirement to obtain a renewable energy approval set out in a regulation; (i) classifying plants, structures and things, prescribing classes thereof that shall not be constructed, altered or modified unless the plans and specifications thereof are approved by the Director, and prescribing classes thereof for which the approval of the Director as to the plans and specifications is not required; (j) prescribing the details that shall be set out in plans and specifications submitted to the Director for approval; (k) prescribing the amounts of grants and loans and the terms and conditions of such grants and loans; (l) prescribing the maximum permissible concentration or level in water of any contaminant either generally or with respect to any part of the water of Ontario specified in the regulations; (m) prescribing methods for determining the concentration or level in water of any contaminant, either generally or with respect to any part of the water of Ontario specified in the regulations, for the purposes of the regulations; (n) prescribing maximum permissible changes in temperatures of water, either generally or with respect to any part of the water of Ontario specified in the regulations; (o)-(r) Repealed:  1997, c. 7, s. 4 (1). (s) regulating the quality of fuels that may be used for heating, generating steam or electricity, industrial processes or incineration; (t) requiring and regulating the storage, treatment and disposal of sewage in vessels and the equipment therefor, and prohibiting the use and installation of equipment for the storage, treatment or disposal of sewage in vessels unless the equipment and installation thereof conform to the regulations, and providing for and requiring the approval of the Director for any such equipment and prohibiting and regulating the discharge of sewage from such vessels; (u) regulating and controlling, for the purpose of preventing or reducing the pollution of any water or places located on or adjacent to any water where moorings are provided for vessels or where any services are provided for vessels or the occupants thereof, and regulating and governing persons providing such moorings or services; Note: On a day to be named by proclamation of the Lieutenant Governor, Clause 176 (1) (u) of the Act is amended by striking out “water where” and substituting “water, places where”. (See: 2019, c. 14, Sched. 8, s. 15 (1)) (v) defining sewage for the purposes of regulations made under clauses (t) and (u); (w) governing payments out of the account referred to in section 182.2, including governing the circumstances in which payments may be made, governing the amounts of payments and governing procedures for determining what payments are made; (x) governing the development and implementation of plans required under paragraph 7 of subsection 18 (1) or section 91.1, including, (i) regulations requiring procedures to be followed, including procedures involving public consultation, (ii) regulations establishing time limits related to the development and implementation of the plans, (iii) regulations governing the contents of the plans, including requirements for provisions relating to updating the plans and testing compliance with the plans.  R.S.O. 1990, c. E.19, s. 176 (1); 1997, c. 7, s. 4 (1); 2001, c. 17, s. 2 (43); 2005, c. 12, s. 1 (49, 50); 2009, c. 12, Sched. G, s. 20 (1); 2010, c. 16, Sched. 7, s. 2 (71). Regulations relating to Part II.1 (1.1) The Lieutenant Governor in Council may make regulations relating to Part II.1 requiring persons prescribed by the regulations to carry insurance, specifying the insurance that is required to be carried and specifying limits and conditions respecting insurance coverage. 2017, c. 2, Sched. 11, s. 2 (18). Same, Minister’s regulations (1.2) The Minister may make regulations relating to Part II.1 specifying the date on or before which an application for review of an environmental compliance approval in respect of an activity must be submitted. 2017, c. 2, Sched. 11, s. 2 (18). Regulations relating to Part II.2 (1.3) The Lieutenant Governor in Council may make regulations relating to Part II.2, (a) governing the establishment, operation and maintenance of the Registry, including requiring electronic registrations; (b) governing registrations and procedures for registering, which may include designating a person responsible for establishing procedures; (c) governing the maintenance of registrations and prescribing any information, reports, records or documents to be included in registrations; (d) prescribing the timing and requirements relating to periodic updating of registrations; (e) governing activities prescribed by the regulations for the purposes of subsection 20.21 (1); (f) prescribing measures that a provincial officer may require in a notice issued under section 157.4; (g) requiring persons with qualifications specified in the regulations to provide certifications as part of registrations; (h) governing certifications mentioned in clause (g); (i) governing requirements for financial assurance and methods of calculating financial assurance in respect of activities prescribed by the regulations for the purposes of subsection 20.21 (1) and prescribing environmental measures for which financial assurance may be required; (j) requiring persons prescribed by the regulations to carry insurance, specifying the insurance that is required to be carried and specifying limits and conditions respecting insurance coverage. 2017, c. 2, Sched. 11, s. 2 (18). (2), (2.1) Repealed: 2019, c. 14, Sched. 8, s. 15 (2). (2.2)-(2.4) Repealed: 2017, c. 2, Sched. 11, s. 2 (19). Regulations relating to Part IV (3) The Lieutenant Governor in Council may make regulations relating to Part IV, (a)  Repealed:  1997, c. 7, s. 4 (3). (b) providing for the issue of permits and identification plates for ice shelters and requiring and governing their use; (c) regulating the placing, construction and standard of repair of ice shelters and requiring and regulating the storage, treatment and disposal of waste and requiring the approval of the Director for any equipment and things related thereto by any person or class of persons and prohibiting the placing, allowing to remain or use of an ice shelter contrary to or in a condition that is contrary to the regulations or without any equipment or facilities required by the regulations; (d) prescribing the dates within which ice shelters may be placed, allowed to remain or used on or over the ice over any water.  R.S.O. 1990, c. E.19, s. 176 (3); 1997, c. 7, s. 4 (3). Regulations relating to Part V (4) The Lieutenant Governor in Council may make regulations relating to Part V, (a)-(c) Repealed:  1997, c. 7, s. 4 (4). (d) governing the management of waste and prescribing requirements for waste management systems and waste disposal sites in relation to, (i) planning, design, siting, buffer zones, public notification and consultation, establishment, insurance, facilities, staffing, operation, maintenance, monitoring, record-keeping, submission of reports to the Director and improvement, (ii) the discontinuance of systems, (iii) the closure of sites; (e) governing the location of waste disposal sites and designating parts of Ontario in which no waste disposal sites shall be established or operated; (f)  Repealed:  2010, c. 16, Sched. 7, s. 2 (73). (g)  Repealed:  1997, c. 7, s. 4 (6). (h) prescribing the form of application and the procedure to be followed in applying for any compensation under Part V; (i) prescribing the rates of the fees for the disposal of any type of waste in a well that is a waste disposal site that shall be paid into the fund known in English as The Waste Well Disposal Security Fund and in French as Caisse de garantie des propriétaires de puits d’élimination des déchets; (j) for the purpose of furthering the diversion of waste from final disposal, requiring municipalities and such other persons as may be specified in the regulation to establish such waste disposal sites or waste management systems as may be specified in the regulation; (k) requiring the persons referred to in clause (j) to maintain, operate, improve, enlarge, alter, repair or replace the waste disposal sites or waste management systems in such manner as may be specified in the regulation; (l) requiring municipalities and waste generators to conduct such studies in relation to waste management as may be specified in the regulation and requiring them to submit reports concerning the studies to the Director; (m) requiring municipalities and waste generators to submit to the Director plans concerning waste management; (n) prescribing plans concerning waste management; (o) requiring municipalities and waste generators to seek any approval required for the plans referred to in clause (m) or (n) or required for the implementation of those plans and to implement the plans; (p) requiring waste generators to achieve such objectives relating to waste management as are specified in the regulation; (q) regulating, with respect to the diversion of waste from final disposal, the waste management activities of such owners of premises housing generators of waste or persons responsible for the management of those premises as are specified in the regulation; (r) requiring persons referred to in clause (q) to prepare, implement and maintain a program under which such classes of waste as are specified in the regulation are kept separate in the manner specified in the regulation; (s) deeming an environmental compliance approval to exist in respect of a waste management system or waste disposal site.  R.S.O. 1990, c. E.19, s. 176 (4); 1992, c. 1, s. 34 (1, 2); 1997, c. 7, s. 4 (4-6); 2010, c. 16, Sched. 7, s. 2 (73, 74). Regulations relating to Part V.0.1 (4.1) The Lieutenant Governor in Council may make regulations relating to Part V.0.1, (a) governing the preparation and submission of applications for the issue, renewal or revocation of renewable energy approvals and applications to alter the terms and conditions of renewable energy approvals or to impose conditions on renewable energy approvals; (b) governing eligibility requirements relating to applications for the issue, renewal or revocation of renewable energy approvals, applications to alter the terms and conditions of renewable energy approvals or to impose conditions on renewable energy approvals, including requirements for consultation; (c) governing renewable energy generation facilities in relation to, (i) planning, design, siting, buffer zones, notification and consultation, establishment, insurance, facilities, staffing, operation, maintenance, monitoring, record-keeping, submission of reports to the Director and improvement, (ii)  the discontinuance of the operation of any plant, structure, equipment, apparatus, mechanism or thing at a renewable energy generation facility, (iii) the closure of renewable energy generation facilities; (d) governing the location of renewable energy generation facilities, including prohibiting or regulating the construction, installation, use, operation or changing of renewable energy generation facilities in parts of Ontario; (e) prohibiting the transfer of a renewable energy approval or prescribing requirements for transferring a renewable energy approval, including requiring the written consent of the Director; (e.1) prohibiting the issue or renewal of renewable energy approvals in prescribed circumstances, which may include circumstances in which the demand for the electricity that would be generated as part of engaging in the renewable energy project has not been demonstrated in accordance with the regulations; (f) providing for transitional matters that, in the opinion of the Lieutenant Governor in Council, are necessary or desirable to facilitate the implementation of  Part V.0.1.  2009, c. 12, Sched. G, s. 20 (2); 2018, c. 16, s. 4 (2). Regulations relating to Part VI (5) The Lieutenant Governor in Council may make regulations relating to Part VI, (a)-(c) Repealed:  1997, c. 7, s. 4 (7). (d) prescribing that designated industries devote a designated percentage of their budget to undertake research and development to develop substitutes for ozone depleting substances.  R.S.O. 1990, c. E.19, s. 176 (5); 1997, c. 7, s. 4 (7). (6) Repealed:  1997, c. 30, Sched. B, s. 23. Regulations relating to Part IX (7) The Lieutenant Governor in Council may make regulations relating to Part IX, (a) defining standard, refillable, returnable, non-refillable or non-returnable in respect of containers and returnable or non-returnable in respect of packaging or defining any product for the purposes of the regulations; (b) requiring payment of a deposit at the time of purchase of any material or any beverage packaged or contained in any class of packaging or container and regulating the amount, terms and conditions of deposits; (b.1) requiring the payment of a deposit at the time of purchase of any material or any product, including any beverage, and regulating the amount, terms and conditions of deposits; (c) requiring and regulating the stocking, display, sale, advertising or offering for sale of any product, (i) in any class of container in relation to the stocking, display, sale, advertising or offering for sale of the product in any other class of container, or (ii) only in a class of container that may be prescribed; (d) prohibiting the sale, stocking, display, advertising or offering for sale in Ontario of any product in any class of container or in or by means of a vending machine; (e) requiring and regulating the advertising or display of, (i) the price of a product that is sold or offered for sale exclusive of the amount of any deposit payable on the purchase of the product, (ii) the amount of any deposit payable on the purchase of a product, (iii) the amount payable in return for any container, (iii.1) the amount payable in return for any packaging or product, (iv) copies of the regulations or portions of the regulations or a summary thereof in such form as may be prescribed by the regulations; (f) requiring or authorizing the placement of a notice or mark on products, containers, packaging or labels on products, containers or packaging to indicate such matters of waste management or environmental concern as are specified in the regulation; (f.1) requiring the placement of a notice or mark on products, containers, packaging or labels on products, containers or packaging respecting any payment to be made for their return; (f.2) governing the size, form, content and position of the notice or mark referred to in clause (f) or (f.1); (f.3) prohibiting the unauthorized use of a notice or mark referred to in clause (f); (g) requiring and regulating the payment of an amount in return for any packaging or container, prescribing the amount to be paid and requiring and regulating the acceptance and collection of any packaging or container by such classes of persons as may be designated by the regulations; (g.1) requiring and regulating the payment of an amount in return for any product, prescribing the amount to be paid and requiring and regulating the acceptance and collection of any product by such classes of persons as may be designated by the regulations; (h), (i) Repealed:  1997, c. 7, s. 4 (13). (j) requiring, regulating and prohibiting the use, advertising, offering for sale or sale in Ontario of any packaging or container, or any material or combination of materials used as packaging or a container; (k) providing a schedule for the regulation and the prohibition within five years of the use, offering for sale or sale in Ontario of non-refillable or non-returnable containers for any beverage; (l) regulating or prohibiting the sale and use of disposable products and of products that pose waste management problems; (l.1) requiring that disposable products and products that pose waste management problems be capable of being reused or recycled; (m) requiring and governing the placing of receptacles to receive litter and governing the capacity, design and construction of such receptacles; (n) prescribing the amounts of grants to persons to assist in the provision of receptacles to receive litter, and the terms and conditions of such grants; (o) requiring persons who manufacture, package, offer for sale or sell a packaged product to examine the impact of the packaging on the waste management needs, activities and opportunities of other persons and governments and requiring them to submit reports concerning the examination to the Director; (p) requiring persons who manufacture, package, offer for sale or sell a packaged product to conduct such examinations in relation to the packaging and waste management as may be specified in the regulation and requiring them to submit reports concerning the examinations to the Director; (q) requiring persons who manufacture, package, offer for sale or sell a packaged product to submit to the Director waste management plans in relation to the packaging of the products they manufacture, package, offer for sale or sell or any waste generated by their activities; (r) prescribing plans concerning waste management in relation to the packaging of packaged products; (s) requiring persons who manufacture, package, offer for sale, sell or purchase a packaged product to implement the plans referred to in clauses (q) and (r); (t) requiring persons who manufacture, package, offer for sale or sell a packaged product to achieve such waste management objectives in relation to the packaging of the products they manufacture, package, offer for sale or sell or any waste generated by their activities as are specified in the regulation; (u) declaring a product to be a product that poses waste management problems.  R.S.O. 1990, c. E.19, s. 176 (7); 1992, c. 1, s. 34 (3-16); 1997, c. 7, s. 4 (13). Regulations relating to Part X (8) The Lieutenant Governor in Council may make regulations relating to Part X, (a) designating persons for the purposes of subsection 100 (1) and prescribing limitations that shall attach to any such designation; (b) prescribing conditions that must be complied with by applicants for payment of compensation under subsection 101 (1) before payment of the compensation; (c) prescribing conditions that shall attach to the payment of compensation under subsection 101 (1); (d) designating discharges of pollutants and locations of discharges for the purposes of subsection 91 (2), but no discharge of pollutant shall be designated that is in accordance with an approval, licence, permit, order, certificate of property use or regulation under this Act or an approval, direction, notice, order, regulation or report under the Ontario Water Resources Act or a licence, order, permit or regulation under the Pesticides Act.  R.S.O. 1990, c. E.19, s. 176 (8); 1997, c. 7, s. 4 (14, 15); 2001, c. 17, s. 2 (44); 2005, c. 12, s. 1 (51). Regulations relating to Part XII (9) The Lieutenant Governor in Council may make regulations relating to Part XII prescribing requirements for financial assurance in respect of the classes of approvals, orders or certificates of property use specified in the regulations.  R.S.O. 1990, c. E.19, s. 176 (9); 2001, c. 17, s. 2 (45). Regulations relating to Part XIII (9.1) The Lieutenant Governor in Council may make regulations relating to Part XIII, (a) governing procedures for hearings required under section 142.1 and for applications to stay the operation of a decision made in respect of a renewable energy approval; (b) providing that section 142.1 does not apply in respect of a renewable energy approval, or prescribing circumstances in which section 142.1 does not apply in respect of a renewable energy approval, if, (i) under Part II or II.1 of the Environmental Assessment Act, as those Parts read before the day the COVID-19 Economic Recovery Act, 2020
received Royal Assent, the holder of the renewable energy approval is authorized to proceed with the renewable energy project or was authorized, immediately before Part V.0.1 of this Act came into force, to proceed with the project, (ii) pursuant to an exempting regulation made under the Environmental Assessment Act, a statement of completion in respect of the renewable energy project was filed with the Director appointed under that Act before Part V.0.1 of this Act came into force, or (iii) all the approvals, permits and other instruments required under this Act and the Ontario Water Resources Act to engage in the renewable energy project were obtained before Part V.0.1 of this Act came into force.  2009, c. 12, Sched. G, s. 20 (3); 2020, c. 18, Sched. 6, s. 52 (4). Same (9.2) A regulation made under clause (9.1) (a) may provide that it prevails over a provision of the Statutory Powers Procedure Act, despite anything in that Act.  2009, c. 12, Sched. G, s. 20 (3). Regulations relating to Part XV.1 (10) The Lieutenant Governor in Council may make regulations relating to Part XV.1, (a) governing the establishment, operation and maintenance of the Registry, including the information that may be submitted for filing or filed in the Registry and the Director’s powers and duties relating to the establishment, operation and maintenance of the Registry; (b) governing the conduct of phase one environmental site assessments, including in respect of the conduct of an investigation of the existing and permitted land uses within the vicinity of a property for which a record of site condition is to be filed and in respect of what constitutes an existing or permitted land use and of what is within the vicinity of the property; (c) prescribing circumstances in which phase two environmental site assessments are required; (d) governing the conduct of phase two environmental site assessments; (e) prescribing the qualifications of qualified persons, including requiring approval of qualified persons by a person or body specified in the regulations, and governing the approval process and the terms and conditions that may be imposed when issuing or amending an approval; (e.1) governing the payment of fees in respect of any approval required by a regulation made under clause (e); (e.2) providing for and governing the revocation or suspension, by a person or body specified in the regulations, of any approval required by a regulation made under clause (e), and providing for and governing appeals to a person or body specified in the regulations of decisions to revoke or suspend an approval; (e.3) requiring qualified persons to carry insurance specified in the regulations; (e.4) delegating to a person or body specified in the regulations any power to make regulations under clauses (e), (e.1), (e.2) and (e.3); (f) governing the form, content and completion of records of site condition; (g) governing the determination of the certification date applicable to a record of site condition; (h) prescribing full depth background site condition standards, full depth generic site condition standards and stratified site condition standards for property, including standards related to maximum contaminant amounts, concentrations or levels; (i) governing the determination of which full depth background site condition standards, full depth generic site condition standards or stratified site condition standards are applicable to a property; (i.1) governing the circumstances in which full depth background site condition standards, full depth generic site condition standards or stratified site condition standards must be applied to a property; (j) prescribing the methods to be used in determining whether property meets standards prescribed by the regulations or standards specified in a risk assessment; (k) governing the preparation of risk assessments, the form and content of risk assessments, and procedures relating to the submission of risk assessments to the Director under subsection 168.5 (1); (l) prescribing a dispute resolution system, including mediation and conciliation, that may be used in connection with risk assessments that are submitted to, but not accepted by, the Director under subsection 168.5 (1); (m) governing the management of soil on, in or under property for which a record of site condition has been filed in the Registry; (m.1)  governing the assessment of contaminants that were discharged into the natural environment and that are on, in or under a property for which a record of site condition is to be filed; (n) governing the filing in the Registry of notices under sections 168.7.2 and 168.8; (o) defining any word or expression used in Part XV.1 that is not already defined; (p) respecting any matter that the Lieutenant Governor in Council considers advisable to carry out effectively the intent and purpose of Part XV.1.  2001, c. 17, s. 2 (46); 2007, c. 7, Sched. 13, s. 13. Section Amendments with date in force (d/m/y) 1992, c. 1, s. 34 (1-16) - 27/04/1992; 1994, c. 23, s. 66 (5-7) - 28/03/1995; 1997, c. 6, s. 3 (16-18) - no effect - see 1997, c. 30, Sched. B, s. 27 - 06/04/1998;1997, c. 7, s. 4 (1-15) - 05/06/1997; 1997, c. 30, Sched. B, s. 23 - 06/04/1998; 1998, c. 35, s. 31 (1-3) - 01/02/1999 2001, c. 9, Sched. G, s. 5 (11) - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2011; 2001, c. 17, s. 2 (43-46)
- 01/10/2004 2005, c. 12, s. 1 (49)
- 01/08/2007; 2005, c. 12, s. 1 (50, 51) - 13/06/2005 2007, c. 7, Sched. 13, s. 13 (1-7) - 17/05/2007 2009, c. 12, Sched. G, s. 20 (1-3) - 24/09/2009 2010, c. 16, Sched. 7, s. 2 (71-74) - 31/10/2011 2017, c. 2, Sched. 11, s. 2 (18, 19) - 22/03/2017 2018, c. 16, s. 4 (2)
- 06/12/2018 2019, c. 14, Sched. 8, s. 15 (1) - not in force; 2019, c. 14, Sched. 8, s. 15 (2) - 01/07/2022 2020, c. 18, Sched. 6, s. 52 (4) - 21/07/2020