PART V WASTE MANAGEMENT
Right to compensation
45 (1) Within thirty days after the receipt of notice that the Director has refused to renew or has suspended or revoked an environmental compliance approval, any owner who has suffered pecuniary loss as a result of such decision affecting the owner’s waste disposal site or waste management system may apply to the Director for compensation for such loss where such owner, (a) has received an environmental compliance approval for the waste disposal site or waste management system affected by the Director’s decision; and (b) since receiving the environmental compliance approval, has strictly complied with this Act and the regulations.  R.S.O. 1990, c. E.19, s. 45 (1); 2010, c. 16, Sched. 7, s. 2 (34-36). Same (1.1) Within 30 days after the receipt of notice or an order that the Director has suspended a registration under Part II.2 or removed a registration under Part II.2 from the registry established under that Part, any owner who has suffered pecuniary loss as a result of such decision affecting the owner’s waste disposal site or waste management system may apply to the Director for compensation for such loss where such owner, (a) has received a confirmation of registration under Part II.2 in respect of the waste disposal site or waste management system affected by the Director’s decision; and (b) since registering the activity, has strictly complied with this Act and the regulations.  2010, c. 16, Sched. 7, s. 2 (37). Exception (1.2) Subsection (1.1) does not apply if the Director removes the registration from the registry as a result of issuing an order under section 20.18, unless the Director refuses to issue an environmental compliance approval in respect of the waste disposal site or waste management system.  2010, c. 16, Sched. 7, s. 2 (38). Notice of decision and right to appeal (2) A notice of the decision of the Director in disposing of the application and a notice stating the right to an appeal under this section shall be served on the owner either personally or by registered mail addressed to the owner at the owner’s last known address.  R.S.O. 1990, c. E.19, s. 45 (2). Right to appeal (3) Within fifteen days after receipt of the notices referred to in subsection (2), the owner may by written notice received by the Ministry and the Tribunal, appeal the amount of compensation, if any, to the Tribunal, and such appeal shall be a new hearing and the Tribunal may dismiss the appeal or alter the decision of the Director establishing the amount of the compensation, if any, and the decision of the Tribunal shall be final.  R.S.O. 1990, c. E.19, s. 45 (3); 2000, c. 26, Sched. F, s. 12 (12). Payment of compensation (4) Where the Director or the Tribunal, as the case may be, has established the amount of the compensation, if any, the Minister of the Environment shall certify the amount thereof to the Minister of Finance and the Minister of Finance shall pay such amount to the person entitled thereto out of the Consolidated Revenue Fund.  R.S.O. 1990, c. E.19, s. 45 (4); 2000, c. 26, Sched. F, s. 12 (12); 2001, c. 9, Sched. G, s. 5 (2). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. F, s. 12 (12) - 06/12/2000 2001, c. 9, Sched. G, s. 5 (2) - 29/06/2001 2010, c. 16, Sched. 7, s. 2 (34-38) - 31/10/2011