PART X SPILLS
Interpretation and application, Part X
91 (1) In this Part, “municipality” means an upper-tier municipality, a lower-tier municipality or a single-tier municipality; (“municipalité”) “owner of the pollutant” means the owner of the pollutant immediately before the first discharge of the pollutant, whether into the natural environment or not, in a quantity or with a quality abnormal at the location where the discharge occurs, and “owner of a pollutant” has a corresponding meaning; (“propriétaire du polluant”, “propriétaire d’un polluant”) “person having control of a pollutant” means the person and the person’s employee or agent, if any, having the charge, management or control of a pollutant immediately before the first discharge of the pollutant, whether into the natural environment or not, in a quantity or with a quality abnormal at the location where the discharge occurs, and “person having control of the pollutant” has a corresponding meaning; (“personne qui exerce un contrôle sur un polluant”, “personne qui exerce un contrôle sur le polluant”) “pollutant” means a contaminant other than heat, sound, vibration or radiation, and includes any substance from which a pollutant is derived; (“polluant”) “practicable” means capable of being effected or accomplished; (“réalisable”) “restore the natural environment”, when used with reference to a spill of a pollutant, means restore all forms of life, physical conditions, the natural environment and things existing immediately before the spill of the pollutant that are affected or that may reasonably be expected to be affected by the pollutant, and “restoration of the natural environment”, when used with reference to a spill of a pollutant, has a corresponding meaning; (“reconstituer l’environnement naturel”, “reconstitution de l’environnement naturel”) “spill”, when used with reference to a pollutant, means a discharge, (a) into the natural environment, (b) from or out of a structure, vehicle or other container, and (c) that is abnormal in quality or quantity in light of all the circumstances of the discharge, and when used as a verb has a corresponding meaning; (“déversement”, “déverser”) “substance” means any solid, liquid or gas, or any combination of any of them. (“substance”)  R.S.O. 1990, c. E.19, s. 91 (1); 2001, c. 9, Sched. G, s. 5 (5, 6); 2002, c. 17, Sched. F, Table. Abnormal discharge (2) A discharge of a pollutant designated by the regulations at a location designated by the regulations shall be deemed to be in a quantity or with a quality abnormal at the location.  R.S.O. 1990, c. E.19, s. 91 (2). Practicable (3) In determining what is practicable for the purposes of this Part, regard shall be had to the technical, physical and financial resources that are or can reasonably be made available.  R.S.O. 1990, c. E.19, s. 91 (3). Exception re farming (4) This Part does not apply to the disposal of animal wastes in accordance with normal farming practices.  R.S.O. 1990, c. E.19, s. 91 (4). Successors, etc. (5) A reference in this Part, other than in section 92, to an owner of a pollutant or a person having control of a pollutant includes a successor, assignee, executor or administrator of the owner of the pollutant or the person having control of the pollutant.  R.S.O. 1990, c. E.19, s. 91 (5). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. G, s. 5 (5, 6) - 29/06/2001 2002, c. 17, Sched. F, Table - 01/01/2003