hordruma/ontario_laws_and_regs huggingface dataset:
Secondary discharge within building
2 A contaminant that is discharged into the air within a building or structure as a result of the discharge of the same or another contaminant in another building or structure shall be deemed to be discharged into the natural environment by the owner or the person who has the charge, management or control of the contaminant discharged in the other building or structure.  R.S.O. 1990, c. E.19, s. 2.
Interpretation, environmental compliance approval
2.1 For the purposes of this Act and the regulations made under it and any other Act and the regulations made under any other Act, (a) any reference to an environmental compliance approval includes, (i) a certificate of approval or provisional certificate of approval issued under section 9 or 39 before the day this section comes into force, and (ii) an approval granted under section 53 of the Ontario Water Resources Act before the day this section comes into force; and (b) any certificate of approval, provisional certificate of approval or approval mentioned in subclause (a) (i) or (ii) may be amended, reviewed, suspended and revoked as if it were an environmental compliance approval.  2010, c. 16, Sched. 7, s. 2 (3). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 7, s. 2 (3) - 31/10/2011 PART I   ADMINISTRATION
PART I ADMINISTRATION
Purpose of Act
3 (1) The purpose of this Act is to provide for the protection and conservation of the natural environment.  R.S.O. 1990, c. E.19, s. 3. Extra-provincial environment (2) No action taken under this Act is invalid by reason only that the action was taken for the purpose of the protection, conservation or management of the environment outside Ontario’s borders. Idem (3) Subsection (2) applies even if the action was taken before the coming into force of that subsection.  1992, c. 1, s. 23. Section Amendments with date in force (d/m/y) 1992, c. 1, s. 23 - 27/04/1992
PART I ADMINISTRATION
Directors
5 (1) The Minister may in writing appoint as Directors any of the following persons as the Minister considers necessary in respect of the sections of this Act or of the regulations that are set out in the appointments: 1. Public servants employed under Part III of the Public Service of Ontario Act, 2006 who work in the Ministry or the members of classes of such public servants. 2. Subject to the approval of the Lieutenant Governor in Council, any other persons or the members of any other classes of persons.  2006, c. 35, Sched. C, s. 36 (1); 2017, c. 2, Sched. 11, s. 2 (1). Analysts and provincial officers (2) The Minister may in writing appoint as analysts or designate as provincial officers any of the following persons as the Minister considers necessary in respect of the sections of any Act administered by the Minister or of the regulations under such Act that are set out in the appointments or designations: 1. Public servants employed under Part III of the Public Service of Ontario Act, 2006 who work in the Ministry or the members of classes of such public servants. 2. Any other persons or the members of any other classes of persons.  2006, c. 35, Sched. C, s. 36 (1). Limitation of authority (3) The Minister, in an appointment or designation under subsection (1) or (2), may limit the authority of a Director, analyst or provincial officer in such manner as the Minister considers necessary or advisable.  R.S.O. 1990, c. E.19, s. 5 (3). Provincial officers (4) A provincial officer is a peace officer for the purpose of enforcing this Act.  1998, c. 35, s. 2. Investigation and prosecution (5) A provincial officer may investigate offences under this Act and may prosecute any person whom the provincial officer reasonably believes is guilty of an offence under this Act.  1998, c. 35, s. 2. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 2 - 01/02/1999 2006, c. 35, Sched. C, s. 36 (1) - 20/08/2007 2017, c. 2, Sched. 11, s. 2 (1) - 22/03/2017 PART II   GENERAL PROVISIONS
PART II GENERAL PROVISIONS
Prohibition, contamination generally
6 (1) No person shall discharge into the natural environment any contaminant, and no person responsible for a source of contaminant shall permit the discharge into the natural environment of any contaminant from the source of contaminant, in an amount, concentration or level in excess of that prescribed by the regulations.  R.S.O. 1990, c. E.19, s. 6 (1). Exception (2) Subsection (1) does not apply to animal wastes disposed of in accordance with both normal farming practices and the regulations made under the Nutrient Management Act, 2002.  2002, c. 4, s. 62 (1). Section Amendments with date in force (d/m/y) 2002, c. 4, s. 62 (1)
- 01/07/2003
PART II GENERAL PROVISIONS
Control orders
7 (1) When the report of a provincial officer contains a finding that a contaminant discharged into the natural environment is a contaminant the use of which is prohibited by the regulations or is being discharged in contravention of section 14 or the regulations, the Director may issue a control order directed to, (a) an owner or previous owner of the source of contaminant; (b) a person who is or was in occupation of the source of contaminant; or (c) a person who has or had the charge, management or control of the source of contaminant. Contravention of s. 14 (1.1) No order shall be issued under subsection (1) as a result of a finding that a contaminant is being discharged in contravention of section 14 unless the contravention causes or is likely to cause an adverse effect.  2005, c. 12, s. 1 (4). Public notice (2) The Director shall give notice of the control order to every municipality in which the contaminant is discharged and to the public in such manner as the Director considers appropriate.  R.S.O. 1990, c. E.19, s. 7. Section Amendments with date in force (d/m/y) 2005, c. 12, s. 1 (4)
- 01/08/2007
PART II GENERAL PROVISIONS
Stop orders
8 (1) When the Director, upon reasonable and probable grounds, is of the opinion that a source of contaminant is discharging into the natural environment any contaminant that constitutes, or the amount, concentration or level of which constitutes, an immediate danger to human life, the health of any persons, or to property, the Director may issue a stop order directed to, (a) an owner or previous owner of the source of contaminant; (b) a person who is or was in occupation of the source of contaminant; or (c) a person who has or had the charge, management or control of the source of contaminant. Public notice (2) The Director shall give notice of the stop order to every municipality in which the contaminant is discharged and to the public in such manner as the Director considers appropriate.  R.S.O. 1990, c. E.19, s. 8.
PART II GENERAL PROVISIONS
Program for dealing with contamination
10 (1) A person responsible for a source of contaminant may submit to the Director a program to prevent or to reduce and control the discharge into the natural environment of any contaminant from the source of contaminant. Referral of program (2) When a program referred to in subsection (1) is submitted to the Director, the Director may, with the consent of the Minister, refer the program to the Environmental Council for its consideration and advice. Approval of program (3) The Director may issue a program approval, directed to the person who submitted the program.  R.S.O. 1990, c. E.19, s. 10.
PART II GENERAL PROVISIONS
Program approvals
11 (1) The Director shall, in a program approval, (a) set out the name of the person to whom the approval is directed; (b) set out the location and nature of the source of contaminant; (c) set out the details of the program; and (d) approve the program. Amendment or revocation (2) The Director may, by order, amend or revoke a program approval that was issued in error or that no longer adequately provides for the protection and conservation of the natural environment. Amendment or revocation on consent (3) The Director may, by order, amend or revoke a program approval with the consent of the person to whom the program approval is directed. No hearing for amendment or revocation on consent (4) Subsection 140 (1) does not entitle any person to a hearing in respect of an amendment or revocation of a program approval in accordance with a consent mentioned in subsection (3).  R.S.O. 1990, c. E.19, s. 11.
PART II GENERAL PROVISIONS
Program approvals, order not to prevent control or stop order
12 Despite the issue of a program approval or order, when the Director is of the opinion, based upon reasonable and probable grounds, that it is necessary or advisable for the protection or conservation of the natural environment, the prevention or control of an immediate danger to human life, the health of any persons or to property, the Director may issue a stop order or a control order directed to the person responsible.  R.S.O. 1990, c. E.19, s. 12.
PART II GENERAL PROVISIONS
Ministry to be notified when contamination exceeds permitted level
13 (1) Every person, (a) who discharges into the natural environment; or (b) who is the person responsible for a source of contaminant that discharges into the natural environment, any contaminant in an amount, concentration or level in excess of that prescribed by the regulations shall forthwith notify the Ministry of the discharge. Exception (2) Subsection (1) does not apply to animal wastes disposed of in accordance with normal farming practices.  R.S.O. 1990, c. E.19, s. 13.
PART II GENERAL PROVISIONS
Prohibition, discharge of contaminant
14 (1) Subject to subsection (2) but despite any other provision of this Act or the regulations, a person shall not discharge a contaminant or cause or permit the discharge of a contaminant into the natural environment, if the discharge causes or may cause an adverse effect.  2005, c. 12, s. 1 (5). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 14 (1) of the Act is amended by striking out “if the discharge causes or may cause an adverse effect” at the end and substituting “if the discharge causes or is likely to cause an adverse effect.” (See: 2019, c. 14, Sched. 8, s. 4 (1)) Exceptions (2) Subsection (1) does not apply to, (a) a discharge that is authorized under this Act or the Ontario Water Resources Act, if the discharge does not cause and is not likely to cause an adverse effect; or (b) a discharge of a contaminant that arises when animal wastes are disposed of in accordance with normal farming practices, if the only adverse effect that is caused or that may be caused by the discharge is an adverse effect referred to in clause (a) of the definition of “adverse effect” in subsection 1 (1).  2005, c. 12, s. 1 (5). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 14 (2) of the Act is repealed and the following substituted: (See: 2019, c. 14, Sched. 8, s. 4 (2)) Exception (2) Subsection (1) does not apply to a discharge of a contaminant that arises when animal wastes are disposed of in accordance with normal farming practices, if the only adverse effect that is caused or that is likely to be caused by the discharge is an adverse effect referred to in clause (a) of the definition of “adverse effect” in subsection 1 (1). 2019, c. 14, Sched. 8, s. 4 (2). Section Amendments with date in force (d/m/y) 2005, c. 12, s. 1 (5)
- 01/08/2007 2019, c. 14, Sched. 8, s. 4 (1-2) - not in force
PART II GENERAL PROVISIONS
When Ministry to be notified, adverse effect
15 (1) Every person who discharges a contaminant or causes or permits the discharge of a contaminant into the natural environment shall forthwith notify the Ministry if the discharge is out of the normal course of events, the discharge causes or is likely to cause an adverse effect and the person is not otherwise required to notify the Ministry under section 92.  2005, c. 12, s. 1 (6). Same (1.1) The notice required by subsection (1) shall be given in accordance with any requirements prescribed by the regulations.  2005, c. 12, s. 1 (6). Exception (2) Subsection (1) does not apply to animal wastes disposed of in accordance with normal farming practices.  R.S.O. 1990, c. E.19, s. 15. Section Amendments with date in force (d/m/y) 2005, c. 12, s. 1 (6)
- 13/06/2005
PART II GENERAL PROVISIONS
Remedial orders
17 Where any person causes or permits the discharge of a contaminant into the natural environment, so that land, water, property, animal life, plant life, or human health or safety is injured, damaged or endangered, or is likely to be injured, damaged or endangered, the Director may order the person to, (a) repair the injury or damage; (b) prevent the injury or damage; or (c) where the discharge has damaged or endangered or is likely to damage or endanger existing water supplies, provide temporary or permanent alternate water supplies.  R.S.O. 1990, c. E.19, s. 17; 2005, c. 12, s. 1 (7). Section Amendments with date in force (d/m/y) 2005, c. 12, s. 1 (7)
- 13/06/2005
PART II GENERAL PROVISIONS
Order by Director re preventive measures
18 (1) The Director, in the circumstances mentioned in subsection (2), by a written order may require a person who owns or owned or who has or had management or control of an undertaking or property to do any one or more of the following: 1. To have available at all times, or during such periods of time as are specified in the order, the equipment, material and personnel specified in the order at the locations specified in the order. 2. To obtain, construct and install or modify the devices, equipment and facilities specified in the order at the locations and in the manner specified in the order. 3. To implement procedures specified in the order. 4. To take all steps necessary so that procedures specified in the order will be implemented in the event that a contaminant is discharged into the natural environment from the undertaking or property. 5. To monitor and record the presence or discharge of a contaminant specified in the order and to report thereon to the Director. 6. To study and to report to the Director on, i. the presence or discharge of a contaminant specified in the order, ii. the effects of the presence or discharge of a contaminant specified in the order, iii. measures to control the presence or discharge of a contaminant specified in the order, iv. the natural environment into which a contaminant specified in the order may be discharged. 7. To develop and implement plans to, i. reduce the amount of a contaminant that is discharged into the natural environment, ii. prevent or reduce the risk of a spill of a pollutant within the meaning of Part X, or iii. prevent, decrease or eliminate any adverse effects that result or may result from a spill of a pollutant within the meaning of Part X or from any other discharge of a contaminant into the natural environment, including, A. plans to notify the Ministry, other public authorities and members of the public who may be affected by a discharge, and B. plans to ensure that appropriate equipment, material and personnel are available to respond to a discharge. 8. To amend a plan developed under paragraph 7 or section 91.1 in the manner specified in the order.  R.S.O. 1990, c. E.19, s. 18 (1); 2005, c. 12, s. 1 (8, 9). Grounds for order (2) The Director may make an order under this section if the Director is of the opinion, on reasonable and probable grounds, that the requirements specified in the order are necessary or advisable so as, (a) to prevent or reduce the risk of a discharge of a contaminant into the natural environment from the undertaking or property; or (b) to prevent, decrease or eliminate an adverse effect that may result from, (i) the discharge of a contaminant from the undertaking, or (ii) the presence or discharge of a contaminant in, on or under the property.  2005, c. 12, s. 1 (10). Section Amendments with date in force (d/m/y) 2005, c. 12, s. 1 (8-10)
- 13/06/2005 Instruments under Act, who is bound
PART II.1 ENVIRONMENTAL COMPLIANCE APPROVALS
Definitions
20.1 In this Part, “prescribed instrument” means a document of legal effect that is issued or otherwise created under a prescribed provision of an Act administered by the Minister, including a permit, licence, approval or authorization but excluding an environmental compliance approval; (“acte prescrit”) “sewage works” has the same meaning as in the Ontario Water Resources Act; (“station d’épuration des eaux d’égout”) “waste disposal site” has the same meaning as in section 25; (“lieu d’élimination des déchets”) “waste management system” has the same meaning as in section 25. (“système de gestion des déchets”)  2010, c. 16, Sched. 7, s. 2 (15); 2017, c. 2, Sched. 11, s. 2 (2). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 7, s. 2 (15) - 31/10/2011 2017, c. 2, Sched. 11, s. 2 (2) - 22/03/2017 Application for Approval
PART II.1 ENVIRONMENTAL COMPLIANCE APPROVALS
Powers of Director
20.3 (1) After consideration of an application for approval under section 20.2 in respect of one or more activities, the Director may, (a) issue or refuse to issue an environmental compliance approval in respect of one or more of the activities; (b) if the Director issues an environmental compliance approval, (i) impose terms and conditions in the approval, and (ii) incorporate any environmental compliance approvals that are in effect into the new approval and revoke the approvals that have been incorporated; (c) amend an environmental compliance approval that is in effect and impose, alter or revoke terms and conditions or expand the scope of the approval to other activities or sites; (d) revoke an environmental compliance approval in whole or in part, with or without issuing a new approval; and (e) suspend an environmental compliance approval in whole or in part.  2010, c. 16, Sched. 7, s. 2 (15). Limitation (2) No amendment to an environmental compliance approval may be made if the activity in respect of which the approval has been issued has been prescribed by the regulations for the purposes of subsection 20.21 (1), unless an order under section 20.18 has been issued in respect of the activity and the order includes the information set out in clause 20.18 (2) (b).  2010, c. 16, Sched. 7, s. 2 (15). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 7, s. 2 (15) - 31/10/2011 Application for Review
PART II.1 ENVIRONMENTAL COMPLIANCE APPROVALS
Application for review
20.4 (1) A holder of an environmental compliance approval may apply for a review of the approval.  2010, c. 16, Sched. 7, s. 2 (15). Mandatory review (2) A holder of an environmental compliance approval shall apply for a review of the approval, (a) on or before the date specified by the Director, if the Director has specified a date under section 20.12; or (b) if no date has been specified by the Director, on or before the date prescribed under subsection 176 (1.2).  2010, c. 16, Sched. 7, s. 2 (15); 2017, c. 2, Sched. 11, s. 2 (3). Form (3) An application for review shall be prepared and submitted to the Director in accordance with any requirements prescribed by the regulations.  2010, c. 16, Sched. 7, s. 2 (15). Approval remains in effect (4) Despite subsections (1) and (2), an environmental compliance approval remains in effect unless it is suspended or revoked by the Director.  2010, c. 16, Sched. 7, s. 2 (15). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 7, s. 2 (15) - 31/10/2011 2017, c. 2, Sched. 11, s. 2 (3) - 22/03/2017
PART II.1 ENVIRONMENTAL COMPLIANCE APPROVALS
Powers of Director
20.5 After consideration of an application for a review of an environmental compliance approval, the Director may, (a) amend the approval and impose, alter or revoke terms and conditions or expand the scope of the approval to other activities or sites; (b) revoke the approval in whole or in part, with or without issuing a new approval; (c) issue a new environmental compliance approval and exercise the powers mentioned in clause 20.3 (1) (b); (d) suspend the approval in whole or in part; or (e) give notice that no changes have been made to the approval as a result of the review.  2010, c. 16, Sched. 7, s. 2 (15). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 7, s. 2 (15) - 31/10/2011 Terms and Conditions
PART II.1 ENVIRONMENTAL COMPLIANCE APPROVALS
Powers of Director, general
20.7 (1) In exercising any of his or her powers under this Part, whether on his or her own initiative or on application, the Director may exercise the power if he or she considers it to be necessary for the purposes of, (a) this Act, if the power is exercised in respect of an activity for which an environmental compliance approval is required under section 9 or 27; or (b) the Ontario Water Resources Act, if the power is exercised in respect of an activity for which an environmental compliance approval is required under section 53 of that Act.  2010, c. 16, Sched. 7, s. 2 (15). Past conduct (2) The Director may suspend, revoke or refuse to issue an environmental compliance approval if the past conduct of the holder of the approval or the applicant, or, if the holder or applicant is a corporation, of its officers and directors, affords reasonable grounds to believe that the person will not engage in the activity in accordance with this Act, the Ontario Water Resources Act or the regulations made under either of those Acts.  2010, c. 16, Sched. 7, s. 2 (15). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 7, s. 2 (15) - 31/10/2011
PART II.1 ENVIRONMENTAL COMPLIANCE APPROVALS
Director may require information
20.8 The Director may require a person who submits an application under this Part to submit any plans, specifications, technical reports or other information and to carry out and report on any tests or experiments relating to any activity in respect of which the application is made.  2010, c. 16, Sched. 7, s. 2 (15). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 7, s. 2 (15) - 31/10/2011
PART II.1 ENVIRONMENTAL COMPLIANCE APPROVALS
Director may require consultation
20.9 The Director may require a person who submits an application under this Part to consult with the persons specified by the Director in a manner specified by the Director before the Director makes a decision in respect of the application.  2010, c. 16, Sched. 7, s. 2 (15). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 7, s. 2 (15) - 31/10/2011
PART II.1 ENVIRONMENTAL COMPLIANCE APPROVALS
Combined approval
20.10 The Director may issue an environmental compliance approval in respect of one or more activities at one or more sites.  2010, c. 16, Sched. 7, s. 2 (15). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 7, s. 2 (15) - 31/10/2011
PART II.1 ENVIRONMENTAL COMPLIANCE APPROVALS
Sewage works, revocation
20.11 If the Director issues an environmental compliance approval to use, operate, establish, alter, extend or replace a sewage works at a site, the Director may, in issuing the approval, provide in the approval that some or all of the approvals previously issued in respect of the sewage works are revoked on the day when the new environmental compliance approval is issued, and if the Director so provides, those approvals are revoked on that day.  2010, c. 16, Sched. 7, s. 2 (15). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 7, s. 2 (15) - 31/10/2011
PART II.1 ENVIRONMENTAL COMPLIANCE APPROVALS
Director may specify review date
20.12 (1) In issuing, amending or reviewing an environmental compliance approval, the Director may specify a date in the approval by which an application for review of the approval must be submitted.  2010, c. 16, Sched. 7, s. 2 (15). Combined review (2) The Director may, by written notice, require a person who submits an application under this Part in respect of an activity at a site to submit an application for a review by a date specified by the Director
of one or more environmental compliance approvals in respect of the same site that have been issued and the person shall comply with the requirement.  2010, c. 16, Sched. 7, s. 2 (15). Same (3) In the event of a conflict between dates mentioned in subsections (1) and (2), the date specified under subsection (2) applies.  2010, c. 16, Sched. 7, s. 2 (15). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 7, s. 2 (15) - 31/10/2011