hordruma/ontario_laws_and_regs huggingface dataset:
PART XV PROVINCIAL OFFICERS
Licence, etc., condition, permission to inspect
165 It is a condition of every licence, permit, environmental compliance approval, certificate of property use or renewable energy approval under this Act that the holder must forthwith on request permit provincial officers to carry out inspections authorized by the following provisions of any place, other than any room actually used as a dwelling, to which the licence, permit, environmental compliance approval, certificate of property use or renewable energy approval relates: 1. Section 156, 156.1 or 158 of this Act. 2. Section 13, 14 or 16 of the Nutrient Management Act, 2002. 3. Section 15, 15.1 or 17 of the Ontario Water Resources Act. 4. Section 19, 19.1 or 20 of the Pesticides Act. 5. Section 81, 82 or 89 of the Safe Drinking Water Act, 2002. 6. Section 15 or 18 of the Toxics Reduction Act, 2009.  2009, c. 19, s. 67 (15); 2010, c. 16, Sched. 7, s. 2 (65). Section Amendments with date in force (d/m/y) 1998, c. 35, s. 25 - 01/02/1999 2001, c. 17, s. 2 (34)
- 01/10/2004 2002, c. 4, s. 62 (4)
- 01/07/2003 2009, c. 12, Sched. G, s. 16 - 24/09/2009; 2009, c. 19, s. 67 (7, 15) - 01/01/2010; 2009, c. 19, s. 67 (8)
- no effect - see 2009, c. 19, s. 67 (15)
- 01/01/2010; 2009, c. 19, s. 67 (16)
- no effect - see 2009, c. 19, s. 65
- 31/12/2019 2010, c. 16, Sched. 7, s. 2 (65) - 31/10/2011
PART XV PROVINCIAL OFFICERS
Records
165.1 (1) Every person required by this Act or the regulations to retain a record shall make it available to a provincial officer for inspection upon his or her request.  1992, c. 1, s. 33; 2009, c. 33, Sched. 15, s. 5 (5). Copies or extracts (2) The provincial officer may, on giving a receipt, remove any record referred to in subsection (1) for the purpose of making copies or extracts and shall promptly return the record.  2001, c. 17, s. 2 (35). Records in electronic form (3) If a record is retained in electronic form, the provincial officer may require that a copy of it be provided to him or her on paper or in a machine-readable medium or both.  2001, c. 17, s. 2 (35). Section Amendments with date in force (d/m/y) 1992, c. 1, s. 33 - 27/04/1992 2001, c. 17, s. 2 (35)
- 01/12/2002 2009, c. 33, Sched. 15, s. 5 (5) - 15/12/2009 Police assistance and motor vehicle inspections
PART XV PROVINCIAL OFFICERS
Calling for assistance of member of police force
166 (1) Whenever a provincial officer is required or empowered by this Act or the regulations to do or direct the doing of anything, such provincial officer may take such steps and employ such assistance as is necessary to accomplish what is required, and may, when obstructed in so doing, call for the assistance of any member of the Ontario Provincial Police Force or the police force in the area where the assistance is required and it is the duty of every member of a police force to render such assistance.  R.S.O. 1990, c. E.19, s. 166 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 166 (1) of the Act is repealed and the following substituted: (See: 2019, c. 1, Sched. 4, s. 18 (3)) Police assistance and motor vehicle inspections Calling for assistance of member of police service (1) Whenever a provincial officer is required or empowered by this Act or the regulations to do or direct the doing of anything, such provincial officer may take such steps and employ such assistance as is necessary to accomplish what is required, and may, when obstructed in so doing, call for the assistance of any member of the police service in the area where the assistance is required, and it is the duty of every member of a police service to render such assistance. 2019, c. 1, Sched. 4, s. 18 (3). (2)-(5) Repealed: 2019, c. 14, Sched. 8, s. 12. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 26 - 01/02/1999 2018, c. 3, Sched. 5, s. 20 (3, 4) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 18 (3) - not in force; 2019, c. 1, Sched. 4, s. 18 (4) - no effect - see 2019, c. 14, Sched. 8, s. 12 - 01/07/2022; 2019, c. 14, Sched. 8, s. 12 - 01/07/2022 167 Repealed:  1998, c. 35, s. 27. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 27 - 01/02/1999
PART XV PROVINCIAL OFFICERS
Matters confidential
168 (1) Except as to information in respect of the deposit, addition, emission or discharge of a contaminant into the natural environment, every provincial officer shall preserve secrecy in respect of all matters that come to his or her knowledge in the course of any survey, examination, test or inquiry under this Act or the regulations and shall not communicate any such matters to any person except, (a) as may be required in connection with the administration of this Act and the regulations or any proceeding under this Act or the regulations; (a.1) as authorized under the Regulatory Modernization Act, 2007; (b) to the provincial officer’s counsel; or (c) with the consent of the person to whom the information relates.  R.S.O. 1990, c. E.19, s. 168 (1); 2007, c. 4, s. 30 (2); 2009, c. 19, s. 67 (9). Testimony in civil suit (2) Except in a proceeding under this Act or the regulations, no provincial officer shall be required to give testimony, other than testimony in respect of the deposit, addition, emission or discharge of a contaminant into the natural environment, in any civil suit or proceeding with regard to information obtained by him or her in the course of any survey, examination, test or inquiry under this Act or the regulations.  R.S.O. 1990, c. E.19, s. 168 (2); 2009, c. 19, s. 67 (9). Section Amendments with date in force (d/m/y) 2007, c. 4, s. 30 (2)
- 17/01/2008 2009, c. 19, s. 67 (9)
- 01/01/2010 PART XV.1   RECORDS OF SITE CONDITION
PART XV.1 RECORDS OF SITE CONDITION
Definitions, Part XV.I
168.1 In this Part, “building” has the same meaning as in the Building Code Act, 1992; (“bâtiment”) “construct” has the same meaning as in the Building Code Act, 1992; (“construire”) “owner” includes a person prescribed by the regulations; (“propriétaire”) “phase one environmental site assessment” means an assessment of property conducted in accordance with the regulations by or under the supervision of a qualified person to determine the likelihood that one or more contaminants have affected any land or water on, in or under the property; (“évaluation environnementale de site de phase I”) “phase two environmental site assessment” means an assessment of property conducted in accordance with the regulations by or under the supervision of a qualified person to determine the location and concentration of one or more contaminants in the land or water on, in or under the property; (“évaluation environnementale de site de phase II”) “qualified person” means a person who meets the qualifications prescribed by the regulations; (“personne compétente”) “Registry” means the Environmental Site Registry; (“Registre”) “risk assessment” means an assessment of risks prepared in accordance with the regulations by or under the supervision of a qualified person. (“évaluation des risques”)  2001, c. 17, s. 2 (36); 2007, c. 7, Sched. 13, s. 3. Section Amendments with date in force (d/m/y) 2001, c. 17, s. 2 (36)
- 01/10/2004 2007, c. 7, Sched. 13, s. 3 - 17/05/2007
PART XV.1 RECORDS OF SITE CONDITION
Interpretation, effect on cause of action
168.2 (1) Except as provided in subsections 168.3 (3) and (4) and 168.9 (12), this Part shall not be construed as affecting any cause of action that a person would have in the absence of this Part.  2001, c. 17, s. 2 (36); 2006, c. 19, Sched. K, s. 2 (4); 2007, c. 7, Sched. 13, s. 4 (1). Interpretation, meeting standards (2) For purposes of this Part, a property meets the applicable site condition standards prescribed by the regulations for all contaminants prescribed by the regulations or the standards specified in a risk assessment for a contaminant if the concentration of the contaminants in the land and water on, in or under the property does not exceed the standards.  2007, c. 7, Sched. 13, s. 4 (2). Section Amendments with date in force (d/m/y) 2001, c. 17, s. 2 (36)
- 01/10/2004 2006, c. 19, Sched. K, s. 2 (4) - 22/06/2006 2007, c. 7, Sched. 13, s. 4 (1, 2) - 17/05/2007
PART XV.1 RECORDS OF SITE CONDITION
Environmental Site Registry
168.3 (1) The Director shall establish, maintain and operate a registry known in English as the Environmental Site Registry and in French as Registre environnemental des sites.  2001, c. 17, s. 2 (36). Purposes (2) The purposes of the Registry are: 1. To allow the filing of records of site condition for the purposes of this Part. 2. To facilitate public access to information contained in records of site condition that have been filed under this Part and to other information filed in accordance with this Act and the regulations. 3. Such other purposes as are prescribed.  2001, c. 17, s. 2 (36); 2007, c. 7, Sched. 13, s. 5 (1). Protection from liability (3) Despite subsection 180 (2), no action or other proceeding shall be commenced against the Crown in right of Ontario, a public servant employed under Part III of the Public Service of Ontario Act, 2006, a person or body to whom powers and duties of the Director are delegated under section 168.9 or an employee of a person or body to whom powers and duties of the Director are delegated under section 168.9 arising from any inaccuracy contained in a record of site condition that is filed in the Registry under this Act.  2001, c. 17, s. 2 (36); 2006, c. 35, Sched. C, s. 36 (6). Same (4) No action or other proceeding shall be commenced against a municipality or a conservation authority or against an officer, employee or agent of a municipality or conservation authority in relation to the following, if the action or proceeding arises from any inaccuracy contained in a record of site condition that is filed in the Registry under this Act: 1. The issuance of a permit under section 8 or 10 of the Building Code Act, 1992. 2. Any act done in the execution or intended execution of any power or duty under the Planning Act or any alleged neglect or default in the execution of any such power or duty. 3. Any act done in the execution or intended execution of any power or duty under any other prescribed Act or any prescribed provisions under a prescribed Act or any alleged neglect or default in the execution of any such power or duty.  2007, c. 7, Sched. 13, s. 5 (2). Section Amendments with date in force (d/m/y) 2001, c. 17, s. 2 (36)
- 01/10/2004 2006, c. 35, Sched. C, s. 36 (6) - 20/08/2007 2007, c. 7, Sched. 13, s. 5 (1) - 01/07/2011; 2007, c. 7, Sched. 13, s. 5 (2) - 17/05/2007
PART XV.1 RECORDS OF SITE CONDITION
Prohibition on certain changes of use
168.3.1 (1) Subject to subsection (2), a person shall not, (a) change the use of a property from industrial or commercial use to residential or parkland use; (b) change the use of a property in a manner prescribed by the regulations; or (c) construct a building if the building will be used in connection with a change of use that is prohibited by clause (a) or (b).  2001, c. 17, s. 2 (37). Exception (2) Subsection (1) does not apply if, (a) a record of site condition has been filed in the Registry in respect of the property under section 168.4; and (b) the use specified under paragraph 3 of subsection 168.4 (2) in the record of site condition is the use to which the property is changed under clause (1) (a) or (b).  2001, c. 17, s. 2 (37). Section Amendments with date in force (d/m/y) 2001, c. 17, s. 2 (37)
- 01/10/2005
PART XV.1 RECORDS OF SITE CONDITION
Director’s response to risk assessment
168.5 (1) If an owner of property submits a risk assessment relating to a contaminant and the property to the Director, the Director shall, within the time prescribed by the regulations, (a) give the person notice in writing that the Director accepts the risk assessment; or (b) give the person notice in writing that the Director does not accept the risk assessment for reasons specified by the Director in the notice.  2001, c. 17, s. 2 (36). Validity of decision (2) A decision of the Director to accept or not accept a risk assessment is not invalid solely on the ground that the decision was not made within the time prescribed by the regulations.  2001, c. 17, s. 2 (36). Section Amendments with date in force (d/m/y) 2001, c. 17, s. 2 (36)
- 01/10/2004
PART XV.1 RECORDS OF SITE CONDITION
Notice of order to be filed in Registry
168.7.2 (1) The Director shall file notice of the order in the Registry in accordance with the regulations if an order is issued under section 7, 8, 12, 17, 18, 97, 157 or 157.1 with respect to a property for which a record of site condition has been filed in accordance with section 168.4 and if, (a) pursuant to subsection 168.7 (2), (3), (4) or (6.1), subsection 168.7 (1) does not apply; or (b) subsection 168.7 (5) or (6) applies.  2007, c. 7, Sched. 13, s. 10. Notice of compliance with order (2) If the Director is satisfied that an order referred to in subsection (1) has been complied with, the Director shall file notice of the compliance in the Registry in accordance with the regulations.  2007, c. 7, Sched. 13, s. 10. Filing of new record of site condition (3) If the Director is satisfied that an order referred to in subsection (1) has been complied with, but the Director is of the opinion that a certification contained in the record of site condition filed in the Registry does not accurately reflect the current state of the property, subsection (2) does not apply until a new record of site condition is filed in accordance with section 168.4.  2007, c. 7, Sched. 13, s. 10. Section Amendments with date in force (d/m/y) 2007, c. 7, Sched. 13, s. 10 - 01/07/2011
PART XV.1 RECORDS OF SITE CONDITION
Emergencies relating to old contaminants
168.8 (1) If a record of site condition is filed in the Registry in accordance with section 168.4 with respect to a property, the Director may issue an order described in subsection (2) to the person who owns the property if the Director has reasonable grounds to believe that, as a result of the presence of a contaminant that was on, in or under the property as of the certification date, there is danger to the health or safety of any person.  2001, c. 17, s. 2 (36); 2007, c. 7, Sched. 13, s. 11. Scope of order (2) An order under subsection (1) may only require the owner, within such times as are specified in the order, to comply with such directions specified in the order as are reasonably necessary to ensure that there is no danger to the health or safety of any person.  2001, c. 17, s. 2 (36). Same (3) The directions referred to in subsection (2) may include the following: 1. A direction requiring the doing of anything mentioned in section 124. 2. A direction requiring the removal or disposal of the contaminant or anything affected by the contaminant. 3. A direction to secure, by means of locks, gates, fences, security guards or other means, any land, place or thing. 4. If the presence or discharge of the contaminant has damaged or endangered or is likely to damage or endanger existing water supplies, a direction to provide temporary or permanent alternate water supplies.  2001, c. 17, s. 2 (36); 2005, c. 12, s. 1 (43). Information to be included in order (4) An order under subsection (1) shall briefly describe the reasons for the order and the circumstances on which the reasons are based.  2001, c. 17, s. 2 (36). Notice of order to be filed in Registry (5) The Director shall file notice of an order under subsection (1) in the Registry in accordance with the regulations.  2001, c. 17, s. 2 (36). Notice of compliance with order (6) If the Director is satisfied that an order under subsection (1) has been complied with, the Director shall file notice of the compliance in the Registry in accordance with the regulations.  2001, c. 17, s. 2 (36). Filing of new record of site condition (7) If the Director is satisfied that an order under subsection (1) has been complied with but the Director is of the opinion that a certification contained in the record of site condition filed in the Registry does not accurately reflect the current state of the property, subsection (6) does not apply until a new record of site condition is filed in accordance with section 168.4.  2001, c. 17, s. 2 (36). Section Amendments with date in force (d/m/y) 2001, c. 17, s. 2 (36)
- 01/10/2004 2005, c. 12, s. 1 (43)
- 13/06/2005 2007, c. 7, Sched. 13, s. 11 - 17/05/2007
PART XV.2 SPECIAL PROVISIONS APPLICABLE TO MUNICIPALITIES, SECURED CREDITORS, RECEIVERS, TRUSTEES IN BANKRUPTCY, FIDUCIARIES AND PROPERTY INVESTIGATORS
Definitions, Part XV.2
168.10 In this Part, “contaminant” means, (a) a contaminant as defined in section 1, or (b) waste as defined in Part V; (“contaminant”) “fiduciary property” means property held or administered by a fiduciary in the capacity of fiduciary, or property in respect of which a fiduciary has powers or duties in the capacity of fiduciary; (“bien fiduciaire”) “non-municipal property” means, with respect to a municipality, property that is not owned, leased or occupied by the municipality. (“bien non municipal”)  2001, c. 17, s. 2 (39). Section Amendments with date in force (d/m/y) 2001, c. 17, s. 2 (39)
- 01/12/2002
PART XV.2 SPECIAL PROVISIONS APPLICABLE TO MUNICIPALITIES, SECURED CREDITORS, RECEIVERS, TRUSTEES IN BANKRUPTCY, FIDUCIARIES AND PROPERTY INVESTIGATORS
Interpretation, effect on cause of action
168.11 This Part shall not be construed as affecting any cause of action that a person would have in the absence of this Part.  2001, c. 17, s. 2 (39). Section Amendments with date in force (d/m/y) 2001, c. 17, s. 2 (39)
- 01/12/2002 Municipalities
PART XV.2 SPECIAL PROVISIONS APPLICABLE TO MUNICIPALITIES, SECURED CREDITORS, RECEIVERS, TRUSTEES IN BANKRUPTCY, FIDUCIARIES AND PROPERTY INVESTIGATORS
Ownership by vesting
168.13 (1) If a municipality becomes the owner of property by virtue of the registration of a notice of vesting under Part XI of the Municipal Act, 2001
or Part XIV of the City of Toronto Act, 2006, the Minister, the Director or a provincial officer shall not, in respect of the period described in subsection (4), issue any order under this Act to the municipality or a municipal representative with respect to the property unless the order arises from, (a) the gross negligence or wilful misconduct of the municipality or municipal representative; or (b) circumstances prescribed by the regulations.  2006, c. 32, Sched. C, s. 19 (8). Exception (2) Subsection (1) does not apply to an order under paragraph 4, 5 or 6 of subsection 97 (1).  2001, c. 17, s. 2 (39). Consent order (3) Subsection (1) does not apply to an order issued with the written consent of the municipality or municipal representative.  2001, c. 17, s. 2 (39). Time period (4) Subsection (1) only applies to the municipality or municipal representative in respect of the period that begins on the day the municipality became the owner of the property by virtue of the registration of the notice of vesting and ends on the earlier of the following days: 1. The fifth anniversary of the day the municipality became the owner of the property by virtue of the registration of the notice of vesting. 2. The day the municipality ceases to be the owner of the property.  2006, c. 19, Sched. K, s. 2 (7). Extension of period (5) The Director may extend the period referred to in subsection (4), before or after it expires, on such terms and conditions as he or she considers appropriate, but the period may not be extended beyond the day the municipality ceases to be the owner of the property.  2006, c. 19, Sched. K, s. 2 (7). Section Amendments with date in force (d/m/y) 2001, c. 17, s. 2 (39)
- 01/12/2002 2002, c. 17, Sched. C, s. 11 (2) - 01/01/2003 2006, c. 19, Sched. K, s. 2 (7) - 22/06/2006; 2006, c. 32, Sched. C, s. 19 (8) - 01/01/2007
PART XV.2 SPECIAL PROVISIONS APPLICABLE TO MUNICIPALITIES, SECURED CREDITORS, RECEIVERS, TRUSTEES IN BANKRUPTCY, FIDUCIARIES AND PROPERTY INVESTIGATORS
Notice of prescribed circumstances, municipalities
168.15 (1) If, in the course of or as a result of taking any action described in subsection 168.12 (2), a municipality or municipal representative becomes aware of circumstances prescribed by the regulations, the municipality shall give notice to a provincial officer in the manner prescribed by the regulations.  2001, c. 17, s. 2 (39). Same (2) If a municipality became the owner of property by virtue of the registration of a notice of vesting under Part XI of the Municipal Act, 2001 or Part XIV of the City of Toronto Act, 2006 and, during the period described in subsection 168.13 (4), the municipality or a municipal representative becomes aware of circumstances prescribed by the regulations, the municipality shall give notice to a provincial officer in the manner prescribed by the regulations.  2001, c. 17, s. 2 (39); 2002, c. 17, Sched. C, s. 11 (4); 2006, c. 32, Sched. C, s. 19 (10). Section Amendments with date in force (d/m/y) 2001, c. 17, s. 2 (39)
- 01/12/2002 2002, c. 17, Sched. C, s. 11 (4) - 01/01/2003 2006, c. 32, Sched. C, s. 19 (10) - 01/01/2007
PART XV.2 SPECIAL PROVISIONS APPLICABLE TO MUNICIPALITIES, SECURED CREDITORS, RECEIVERS, TRUSTEES IN BANKRUPTCY, FIDUCIARIES AND PROPERTY INVESTIGATORS
Reports of investigations of contaminants, municipalities
168.16 On the written request of the Director, a municipality shall, within the time specified in the request, provide the Director with a copy of any report that is in the possession or control of the municipality and that was prepared in the course of or as a result of an investigation to determine whether a contaminant is present or is being discharged on, in or under property.  2001, c. 17, s. 2 (39). Section Amendments with date in force (d/m/y) 2001, c. 17, s. 2 (39)
- 01/12/2002 Secured Creditors, Receivers and Trustees in Bankruptcy