hordruma/ontario_laws_and_regs huggingface dataset:
PART XV PROVINCIAL OFFICERS
Power to inspect vehicle or vessel
156.1 (1) In this section, “vehicle” includes a trailer or other equipment attached to the vehicle.  1998, c. 35, s. 15. Requirement to stop (2) For the administration of this Act or the regulations, a provincial officer may signal a vehicle or vessel to stop.  1998, c. 35, s. 15. Same (3) On the provincial officer’s signal to stop, the operator of the vehicle or vessel shall immediately come to a safe stop.  1998, c. 35, s. 15. Same (4) For the purposes of this section, a signal to stop includes, (a) intermittent flashes of red light, in the case of a vehicle; (b) intermittent flashes of blue light, in the case of a vessel; and (c) a hand signal to stop by a provincial officer who is readily identifiable as a provincial officer.  1998, c. 35, s. 15. Sign to report (5) Where a clearly marked sign is posted indicating that a class of vehicles or vessels should report to a certain place in the vicinity of the sign, the operator of a vehicle or vessel that passes the sign and that falls within the class of vehicles or vessels indicated shall report forthwith to the place the sign directs.  1998, c. 35, s. 15. Same (6) Where the operator of a vehicle or vessel stops under subsection (3) or reports under subsection (5), the provincial officer may make any reasonable inquiries of the operator and the operator shall produce for inspection any documents related to the operation or ownership of the vehicle or vessel, including licenses, permits and any documents that are required to be kept by the law of any jurisdiction in relation to the carriage of any cargo or container.  1998, c. 35, s. 15. Inspection powers (7) Based on questioning or examination of documents conducted under subsection (6), the provincial officer may, without warrant or court order, inspect any means of containment that the provincial officer reasonably believes is being used for the handling or transportation of a thing the handling or transportation of which is governed or regulated under this Act, the Dangerous Goods Transportation Act or the Transportation of Dangerous Goods Act, 1992, (Canada).  1998, c. 35, s. 15; 2009, c. 19, s. 67 (4). Same (8) As part of an inspection under subsection (7), the provincial officer may open or require the operator to open any cargo hold, container or other means of containment.  1998, c. 35, s. 15. Same (9) During an inspection conducted under subsection (6) or (7), the provincial officer may exercise such powers under subsection 156 (2) as are reasonably required for the administration of this Act or the regulations.  1998, c. 35, s. 15. Same (10) Subsections 156 (3), (3.1), (4) and (5) apply to the exercise of a power under subsection (9).  1998, c. 35, s. 15. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 15 - 01/02/1999 2009, c. 19, s. 67 (4)
- 01/01/2010
PART XV PROVINCIAL OFFICERS
Power to administer other Acts
156.2 A provincial officer who exercises any power set out in section 156, 156.1, 160, 161 or 161.1 may, if the provincial officer is designated as such under the Nutrient Management Act, 2002, the Ontario Water Resources Act, the Pesticides Act, the Safe Drinking Water Act, 2002 or the Toxics Reduction Act, 2009, as the case may be, do anything authorized by, (a) section 13, 14 or 23 of the Nutrient Management Act, 2002; (b) section 15, 15.1, 19, 20 or 20.1 of the Ontario Water Resources Act; (c) section 19, 19.1, 22, 23 or 23.1 of the Pesticides Act; (d) section 81, 82, 91, 92 or 93 of the Safe Drinking Water Act, 2002; or (e) section 15, 20 or 21 of the Toxics Reduction Act, 2009.  2002, c. 4, s. 62 (3); 2009, c. 19, s. 67 (5); 2017, c. 2, Sched. 11, s. 2 (16). Section Amendments with date in force (d/m/y) 1998, c. 35, s. 15 - 01/02/1999 2002, c. 4, s. 62 (3)
- 01/07/2003 2009, c. 19, s. 67 (5)
- 01/01/2010; 2009, c. 19, s. 67 (6)
- no effect - see 2009, c. 19, s. 65
- 31/12/2019 2017, c. 2, Sched. 11, s. 2 (16) - 22/03/2017
PART XV PROVINCIAL OFFICERS
Identification
156.3 On request, a provincial officer who exercises a power under this Act shall identify himself or herself as a provincial officer either by the production of a copy of his or her designation or in some other manner and shall explain the purpose of the exercise of the power.  1998, c. 35, s. 15. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 15 - 01/02/1999
PART XV PROVINCIAL OFFICERS
Order of justice prohibiting entry
156.5 (1) Where a justice is satisfied, on evidence under oath by a provincial officer, that there is reasonable ground for believing that it is appropriate for the administration of this Act or the regulations or necessary to protect human health or safety or to protect property, the justice may issue an order prohibiting entry into all or part of any land or place or prohibiting the use of, interference with, disruption of, or destruction of any thing.  1998, c. 35, s. 15. Same (2) The prohibition under the justice’s order shall, subject to subsection (3), be for such period of time as is set out in the order.  1998, c. 35, s. 15. Expiry (3) Unless renewed, an order under this section expires on the earlier of the day specified for the purpose in the order or the day that is 30 days after the date on which the order is made.  1998, c. 35, s. 15; 2009, c. 33, Sched. 15, s. 5 (2). Renewal (4) An order under this section may be renewed for any reason set out in subsection (1), before or after expiry, for one or more periods each of which is not more than 30 days.  1998, c. 35, s. 15. Notice of application (5) An initial order under subsection (1) may be issued on application without notice.  1998, c. 35, s. 15. Same (6) A renewal order under subsection (4) may be issued on application made with such notice, if any, as is specified for the purpose under subsection (7).  1998, c. 35, s. 15. Same (7) In an order under subsection (1) or (4), a justice may specify notice requirements that must be met by a person applying for a renewal of the order or for a further renewal of the order, as the case may be.  1998, c. 35, s. 15. Notice of order (8) A provincial officer may give notice of an order under subsection (1) or (4) in the manner that he or she considers appropriate in the circumstances.  1998, c. 35, s. 15. Order not effective where no notice (9) An order under subsection (1) or (4) is not effective in any court proceeding against a person where the person satisfies the court that the person neither knew nor should have known of the order.  1998, c. 35, s. 15. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 15 - 01/02/1999 2009, c. 33, Sched. 15, s. 5 (2) - 15/12/2009
PART XV PROVINCIAL OFFICERS
Securing of place, thing
156.6 Where an order under section 156.4 or 156.5 is in effect, a provincial officer may take measures to secure the land, place or thing to which the order relates by means of locks, gates, fences, security guards or such other means as the provincial officer deems necessary to prevent entry into the land or place or to prevent the use of, interference with, disruption of, or destruction of the thing.  1998, c. 35, s. 15. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 15 - 01/02/1999
PART XV PROVINCIAL OFFICERS
Power to require response to inquiries
157.0.1 (1) For the purposes of determining compliance of a person with this Act or the regulations, a provincial officer may, at any reasonable time and with any reasonable assistance, require the person, or any person employed by or providing services to the person, to respond to reasonable inquiries.  2010, c. 16, Sched. 7, s. 2 (63). Same (2) For the purposes of subsection (1), a provincial officer may make inquiries by telephone or by any other means of communication.  2010, c. 16, Sched. 7, s. 2 (63). Production of document (3) In requiring a person to respond to an inquiry under subsection (1), a provincial officer may require the production of any document or data, in any form, required to be kept under this Act and of any other document or data, in any form, related to the purpose of the inquiry. 2017, c. 2, Sched. 11, s. 2 (17). Records in electronic form (4) If a record is retained in electronic form, a provincial officer may require that a copy of it be provided to him or her on paper or electronically, or both. 2017, c. 2, Sched. 11, s. 2 (17). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 7, s. 2 (63) - 25/10/2010 2017, c. 2, Sched. 11, s. 2 (17) - 22/03/2017
PART XV PROVINCIAL OFFICERS
Order by provincial officer re preventive measures
157.1 (1) A provincial officer may issue an order to any person who owns or who has management or control of an undertaking or property if the provincial officer reasonably believes 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 (38). Information to be included in order (2) The order shall, (a) briefly describe the reasons for the order and the circumstances on which the reasons are based; and (b) state that a review of the order may be requested in accordance with section 157.3.  1998, c. 35, s. 16. What the order may require (3) The order may require the person to whom it is directed to comply with any directions specified under subsection (4), within the time specified.  1998, c. 35, s. 16. Same (4) The following directions may be specified in the order: 1. Any direction listed in subsection 18 (1). 2. A direction to secure, by means of locks, gates, fences, security guards or other means, any land, place or thing.  1998, c. 35, s. 16. Where order requires report (5) Where the order requires a person to make a report, the report shall be made to a provincial officer.  1998, c. 35, s. 16. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 16 - 01/02/1999 2005, c. 12, s. 1 (38)
- 13/06/2005
PART XV PROVINCIAL OFFICERS
Amendment or revocation of orders under ss. 157 and 157.1
157.2 (1) An order issued under section 157 or 157.1 may, by order, be amended or revoked by the provincial officer who issued it or by the Director. Same (2) A provincial officer or Director who amends or revokes an order shall give written notice of the amendment or revocation to the person to whom the order is directed.  1998, c. 35, s. 16. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 16 - 01/02/1999
PART XV PROVINCIAL OFFICERS
Notice by provincial officer re Part II.2
157.4 (1) A provincial officer may give a notice in writing to a person who is engaging in an activity prescribed by the regulations for the purposes of subsection 20.21 (1) stating that the provincial officer reasonably believes that the person is contravening or has contravened a provision of a regulation made for the purposes of Part II.2 in respect of the activity.  2010, c. 16, Sched. 7, s. 2 (64). Contents of notice (2) A notice given under subsection (1) may set out one or more measures that have been prescribed by the regulations for the purposes of this section and require the person to carry out the measures within a time specified in the notice.  2010, c. 16, Sched. 7, s. 2 (64). Amendment or revocation of notice (3) A notice given under subsection (1) may be amended or revoked by the provincial officer who gave it or by the Director by giving written notice of the amendment or revocation to the person to whom the notice given under subsection (1) is directed.  2010, c. 16, Sched. 7, s. 2 (64). Review of notice (4) A person to whom a notice is given under subsection (1) may, within seven days after being served with a copy of the notice, request that the Director review the notice.  2010, c. 16, Sched. 7, s. 2 (64). Same (5) Subsections 157.3 (2) to (8) and (10) apply, with necessary modifications, in respect of a review of a notice under this section.  2010, c. 16, Sched. 7, s. 2 (64). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 7, s. 2 (64) - 31/10/2011
PART XV PROVINCIAL OFFICERS
Entry or inspection order
158 (1) A justice may issue an order authorizing a provincial officer to do anything set out in subsection 156 (1) or (2) or section 156.1 if the justice is satisfied, on evidence under oath by a provincial officer, that there is reasonable ground to believe that it is appropriate for the administration of this Act or the regulations for the provincial officer to do anything set out in subsection 156 (1) or (2) or section 156.1 and that the provincial officer may not be able to effectively carry out his or her duties without an order under this section because, (a) no occupier is present to grant access to a place that is locked or otherwise inaccessible; (b) a person has prevented the provincial officer from doing anything set out in subsection 156 (1) or (2) or section 156.1; (c) there is reasonable ground to believe that a person may prevent a provincial officer from doing anything set out in subsection 156 (1) or (2) or section 156.1; (d) it is impractical, because of the remoteness of the place to be inspected or because of any other reason, for the provincial officer to obtain an order under this section without delay if access is denied; or (e) there is reasonable ground to believe that an attempt by the provincial officer to do anything set out in subsection 156 (1) or (2) or section 156.1 without the order, (i) might not achieve its purpose, or (ii) might endanger human health or safety, property or the natural environment.  1998, c. 35, s. 17. Same (2) Subsections 156 (3), (3.1), (4) and (5) apply to an inspection under an order under this section.  1998, c. 35, s. 17. Expiry (3) Unless renewed, an order under this section expires on the earlier of the day specified for the purpose in the order and the day that is 30 days after the date on which the order is made.  1998, c. 35, s. 17; 2009, c. 33, Sched 15, s. 5 (4). Renewal (4) An order under this section may be renewed in the circumstances in which an order may be made under subsection (1), before or after expiry, for one or more periods each of which is not more than 30 days.  1998, c. 35, s. 17. When to be executed (5) An order under this section shall be carried out between 6 a.m. and 9 p.m., unless the order otherwise authorizes.  1998, c. 35, s. 17. Application without notice (6) An order under this section may be issued or renewed on application without notice.  1998, c. 35, s. 17. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 17 - 01/02/1999 2009, c. 33, Sched. 15, s. 5 (4) - 15/12/2009
PART XV PROVINCIAL OFFICERS
Samples and copies
159 A provincial officer may detain samples and copies obtained under section 156, 156.1 or 158 for any period and for any of the purposes of this Act and the regulations.  R.S.O. 1990, c. E.19, s. 159; 1998, c. 35, s. 18. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 18 - 01/02/1999
PART XV PROVINCIAL OFFICERS
Seizure during inspection
160 During an inspection under section 156, 156.1 or 158, a provincial officer may, without a warrant or court order, seize any thing that is produced to the provincial officer or that is in plain view, if, (a) the provincial officer reasonably believes that the thing will afford evidence of an offence under this Act; (b) the provincial officer reasonably believes that the thing was used or is being used in connection with the commission of an offence under this Act and that the seizure is necessary to prevent the continuation or repetition of the offence; or (c) the thing is discharging or is likely to discharge a contaminant into the natural environment and an adverse effect has resulted or is likely to result from the discharge.  1998, c. 35, s. 19. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 19 - 01/02/1999
PART XV PROVINCIAL OFFICERS
Warrantless search, exigent circumstances
161 (1) In this section, “offence” means an offence under this Act related to, (a) the discharge of a contaminant into the natural environment that causes or is likely to cause an adverse effect, or (b) hazardous waste or hauled liquid industrial waste. Search by provincial officer re actual pollution (2) A provincial officer may, without a search warrant, search any place other than a room actually used as a dwelling if the provincial officer has reasonable ground to believe, (a) that an offence has been committed; (b) that there is in such place any thing that will afford evidence as to the commission of the offence; and (c) that there are exigent circumstances that make it impractical to obtain a search warrant.  R.S.O. 1990, c. E.19, s. 161 (1, 2). Seizure during search (3) During a search under subsection (2), a provincial officer may, without warrant or court order, seize any thing if, (a) the provincial officer reasonably believes that the thing will afford evidence of an offence; or (b) the provincial officer reasonably believes that the thing was used or is being used in connection with the commission of an offence and that the seizure is necessary to prevent the continuation or repetition of the offence.  1998, c. 35, s. 20. (4) Repealed:  1998, c. 35, s. 20. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 20 - 01/02/1999
PART XV PROVINCIAL OFFICERS
Detention or removal, things seized
161.1 (1) A provincial officer who seizes any thing under section 160 or 161 may remove the thing or may detain it in the place where it is seized. Receipt (2) Where possible, the provincial officer shall inform the person from whom a thing is seized under section 160 or 161 as to the reason for the seizure and shall give the person a receipt for the thing seized.  1998, c. 35, s. 21. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 21 - 01/02/1999
PART XV PROVINCIAL OFFICERS
Report to justice, things seized
162 (1) A provincial officer who seizes any thing during an inspection or search under section 160 or 161 shall bring the thing seized before a justice or, if that is not reasonably possible, shall report the seizure to a justice.  1998, c. 35, s. 22. Application of Provincial Offences Act (2) Sections 159 and 160 of the Provincial Offences Act apply with necessary modifications in respect of a thing seized by a provincial officer during an inspection or search under section 160 or 161.  R.S.O. 1990, c. E.19, s. 162 (2). Section Amendments with date in force (d/m/y) 1998, c. 35, s. 22 - 01/02/1999
PART XV PROVINCIAL OFFICERS
Disposition of things seized
162.1 (1) Where the Director believes that, given the nature of a thing seized under section 160 or 161, the thing may pose a risk to human health or safety or to property, the Director may direct the person having custody of the thing, to dispose of the thing in a manner satisfactory to the Director. Disposition of seized perishables (2) Where the person having custody of any thing seized under section 160 or 161 believes that the thing will rot, spoil or otherwise perish, the person may dispose of the thing. Non-application of provision (3) Section 162 does not apply to a thing disposed of in accordance with this section. Forfeiture (4) A thing disposed of in accordance with this section is forfeited to the Crown.  1998, c. 35, s. 23. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 23 - 01/02/1999
PART XV PROVINCIAL OFFICERS
Notice of disposal of things seized
162.2 (1) Where a thing has been disposed of in accordance with section 162.1, the Director shall ensure that a provincial officer gives written notice of the seizure and disposal, within 15 days of the disposal, (a) to every person whom the provincial officer knows or has reason to believe is an owner of the thing seized; and (b) to every person who has a security interest in the thing that is perfected by registration under the Personal Property Security Act against the name of any person whom the provincial officer knows or has reason to believe is the owner.  1998, c. 35, s. 23. Contents of notice (2) Notice under subsection (1) shall include, (a) a description of the thing seized sufficient to enable it to be identified; (b) the location at which the thing was seized; (c) the date of the seizure and disposal; (d) the name and telephone number of the provincial officer who seized the thing or of his or her delegate; (e) a statement of the reason for the seizure and disposal; (f) a reference to the statutory provision authorizing the seizure and disposal; and (g) a reference to the statutory provision permitting the person to apply to the Superior Court of Justice for relief against the forfeiture.  1998, c. 35, s. 23; 2001, c. 9, Sched. G, s. 5 (21). Section Amendments with date in force (d/m/y) 1998, c. 35, s. 23 - 01/02/1999 2001, c. 9, Sched. G, s. 5 (21) - 29/06/2001
PART XV PROVINCIAL OFFICERS
Use of force
163 A provincial officer may use such force as is reasonably necessary, (a) to carry out an order or direction issued under Part X; (b) to carry out a court order issued under this Part; (c) to execute a warrant issued under the Provincial Offences Act; or (d) to prevent the destruction of any thing that the provincial officer reasonably believes may afford evidence of an offence under this Act.  1998, c. 35, s. 24. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 24 - 01/02/1999
PART XV PROVINCIAL OFFICERS
Order by justice, use of devices, etc.
163.1 (1) In this section, “device” means a substance or tracking device that, when placed or installed in or on any place, land or thing, may be used to help ascertain, by electronic or other means, the origin, identity or location of anything. Order may be issued (2) On application without notice, a justice may issue an order in writing authorizing a provincial officer, subject to this section, to use any device, investigative technique or procedure or to do any thing described in the order if the justice is satisfied by evidence under oath that there are reasonable grounds to believe that an offence against this Act has been or will be committed and that information concerning the offence will be obtained through the use of the device, technique or procedure or the doing of the thing. Limitation (3) An order under this section shall not authorize the interception of any private communication. Same (4) No device, technique or procedure shall be used to intercept any private communication under an order issued under this section. Terms and conditions of order (5) An order issued under this section shall contain such terms and conditions as the justice considers advisable in the circumstances. Activities under order (6) An order issued under this section may authorize a provincial officer, (a) to place, install, maintain or remove a device in or on any land, place or thing; and (b) to monitor, or to have monitored, a device or information from a device placed or installed in or on any land, place or thing. Duration of order (7) An order issued under this section is valid for a period of 60 days or for such shorter period as may be specified in the order. Further orders (8) A justice may issue further orders under subsection (2).  1998, c. 35, s. 24. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 24 - 01/02/1999
PART XV PROVINCIAL OFFICERS
Restoration of property
164 A provincial officer who makes or causes the making of an excavation in the course of his or her duties under this Act shall restore the property, so far as is reasonably possible, to the condition it was in before the excavation was made.  R.S.O. 1990, c. E.19, s. 164; 2005, c. 12, s. 1 (42). Section Amendments with date in force (d/m/y) 2005, c. 12, s. 1 (42)
- 13/06/2005