hordruma/ontario_laws_and_regs huggingface dataset:
PART VII ABANDONED MOTOR VEHICLES
Disposal of vehicle
65 Where an abandoned motor vehicle has not been claimed by the owner or any person having a right or interest in the abandoned motor vehicle pursuant to section 64, the person having the charge and control of the abandoned motor vehicle site shall sell or otherwise dispose of the vehicle and shall apply the proceeds of the sale or other disposition firstly, in payment of all costs and charges, if any, for removal of the vehicle to the abandoned motor vehicle site, and secondly, in payment of all costs and charges, if any, for storage of the vehicle at the site, and any surplus shall be paid to the Minister of Finance.  R.S.O. 1990, c. E.19, s. 65; 2001, c. 9, Sched. G, s. 5 (22). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. G, s. 5 (22) - 29/06/2001
PART VII ABANDONED MOTOR VEHICLES
Ownership of vehicle
66 Where an abandoned motor vehicle is sold or otherwise disposed of pursuant to section 65, the owner or any person having a right or interest in the vehicle is divested of the ownership of or other right or interest in the vehicle and the person who has acquired the vehicle on a disposition pursuant to section 65 acquires the ownership of the vehicle free from any right or interest of any other person in the vehicle.  R.S.O. 1990, c. E.19, s. 66.
PART VII ABANDONED MOTOR VEHICLES
Compensation, disposal of vehicles
67 Where an owner or other person having a right or interest in an abandoned motor vehicle that is disposed of pursuant to section 65 does not, acting in good faith through any cause beyond the owner or other person’s control, receive notice of removal of the vehicle or does not otherwise acquire knowledge of such removal before the disposition and such owner or other person suffers loss as a result of such disposition, such owner or other person may apply to the Director for compensation upon giving notice to the Director forthwith after becoming aware of the disposition and upon applying therefor pursuant to section 68 within six months from the date the notice of removal, if any, is served or, where no notice of removal is served, from the date of removal of the vehicle to an abandoned motor vehicle site.  R.S.O. 1990, c. E.19, s. 67.
PART VII ABANDONED MOTOR VEHICLES
Claim for compensation
68 A person applying for compensation pursuant to section 67 shall make application therefor to the Director in writing, setting out therein the person’s full name and address and the particulars of the person’s claim and shall furnish to the Director such additional information with respect to the subject-matter of the claim that the Director may require and that is within the person’s knowledge.  R.S.O. 1990, c. E.19, s. 68.
PART VII ABANDONED MOTOR VEHICLES
Director’s certificate, compensation
69 The Director may award compensation under section 67 in such amount and on such terms and conditions as appear just under the circumstances and shall set out the award in a certificate together with written reasons therefor and send a copy thereof to the applicant by registered mail at the address set out in the application.  R.S.O. 1990, c. E.19, s. 69.
PART VII ABANDONED MOTOR VEHICLES
Appeal, certificate of compensation
71 The applicant may appeal to the Tribunal at any time before the certificate of the Director becomes final and the procedure thereon shall be the same as upon an appeal from an order of the Director under Part XIII.  R.S.O. 1990, c. E.19, s. 71; 2000, c. 26, Sched. F, s. 12 (12). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. F, s. 12 (12) - 06/12/2000
PART VII ABANDONED MOTOR VEHICLES
Payment of compensation
72 Where the Director has sent the certificate by registered mail to the applicant and the time for any appeal has expired or, where an appeal is taken, it is disposed of, and it is finally determined that the applicant is entitled to payment of compensation, the Director shall certify to the Minister of Finance the sum found to be payable and the Minister of Finance shall pay such sum to the applicant out of the Consolidated Revenue Fund.  R.S.O. 1990, c. E.19, s. 72; 2001, c. 9, Sched. G, s. 5 (22). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. G, s. 5 (22) - 29/06/2001
PART VII ABANDONED MOTOR VEHICLES
Reimbursement of compensation payment
73 Where an applicant who has received any payment out of the Consolidated Revenue Fund pursuant to section 72 recovers any money directly or indirectly from any person in respect of the loss for which the payment was made out of the Consolidated Revenue Fund, the applicant shall repay to the Minister of Finance for credit to the Consolidated Revenue Fund an amount equal to the payment out of the Consolidated Revenue Fund or the money received from such person, whichever is the lesser, and such amount may be recovered with costs in any court of competent jurisdiction as a debt due to the Crown.  R.S.O. 1990, c. E.19, s. 73; 2001, c. 9, Sched. G, s. 5 (22). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. G, s. 5 (22) - 29/06/2001 PART VIII (ss. 74-83) Repealed:  1997, c. 30, Sched. B, s. 22. Section Amendments with date in force (d/m/y) 1994, c. 23, s. 66 (1, 2) - 28/03/1995; 1997, c. 6, s. 3 (1-13) - no effect - see 1997, c. 30, Sched. B, s. 27 - 06/04/1998; 1997, c. 30, Sched. B, s. 22 - 06/04/1998 PART IX   LITTER, PACKAGING, CONTAINERS, DISPOSABLE PRODUCTS AND PRODUCTS   THAT POSE WASTE MANAGEMENT PROBLEMS
PART IX LITTER, PACKAGING, CONTAINERS, DISPOSABLE PRODUCTS AND PRODUCTS THAT POSE WASTE MANAGEMENT PROBLEMS
Meaning of “litter”, Part IX
84 In this Part, “litter” includes any material left or abandoned in a place other than a receptacle or place intended or approved for receiving such material and “littering” has a corresponding meaning.  R.S.O. 1990, c. E.19, s. 84.
PART IX LITTER, PACKAGING, CONTAINERS, DISPOSABLE PRODUCTS AND PRODUCTS THAT POSE WASTE MANAGEMENT PROBLEMS
Research and studies, litter, packaging, etc.
85 The Minister, for the purposes of administering and enforcing this Part and the regulations related to it, may conduct research and studies concerning, (a) the management and disposal of litter; (b) the reduction of waste from packaging, containers and disposable products and the reuse or recycling of packaging, containers and disposable products; (c) the degradability of packaging, containers and disposable products; (d) the environmental appropriateness of packaging, containers and disposable products; (e) the environmental appropriateness of materials used in packaging, containers and disposable products; (f) products that pose or that may pose waste management problems.  1992, c. 1, s. 29. Section Amendments with date in force (d/m/y) 1992, c. 1, s. 29 - 27/04/1992
PART IX LITTER, PACKAGING, CONTAINERS, DISPOSABLE PRODUCTS AND PRODUCTS THAT POSE WASTE MANAGEMENT PROBLEMS
Prohibition, use or sale of packaging, etc.
88 (1) No person shall use, offer for sale or sell any packaging, container or disposable product or any material for use in packaging, containers or disposable products contrary to this Act or the regulations.  1992, c. 1, s. 30. Idem (2) No person shall use, offer for sale or sell any product that is declared in the regulations to be a product that poses waste management problems contrary to this Act or the regulations.  1992, c. 1, s. 30. Section Amendments with date in force (d/m/y) 1992, c. 1, s. 30 - 27/04/1992
PART IX LITTER, PACKAGING, CONTAINERS, DISPOSABLE PRODUCTS AND PRODUCTS THAT POSE WASTE MANAGEMENT PROBLEMS
Offence, litter
89 (1) Every person who fails to comply with a provision of this Part or a provision of a regulation relating to this Part that relates to litter is guilty of an offence and is liable on conviction to a fine of not more than $1,000 on a first conviction and not more than $2,000 on each subsequent conviction. Idem, corporation (2) Where a corporation is convicted of an offence under subsection (1), the maximum fine that may be imposed is $2,000 on a first conviction and $5,000 on each subsequent conviction and not as provided in subsection (1).  R.S.O. 1990, c. E.19, s. 89. 90 Repealed:  2005, c. 12, s. 1 (13). Section Amendments with date in force (d/m/y) 1992, c. 1, s. 31 - 27/04/1992 2005, c. 12, s. 1 (13)
- 13/06/2005 PART X   SPILLS
PART X SPILLS
Spill prevention and spill contingency plans
91.1 Every person who belongs to a class of persons prescribed by the regulations shall, in accordance with the regulations, develop and implement plans to, (a) prevent or reduce the risk of spills of pollutants; and (b) prevent, eliminate or ameliorate any adverse effects that result or may result from spills of pollutants, including, (i) plans to notify the Ministry, other public authorities and members of the public who may be affected by a spill, and (ii) plans to ensure that appropriate equipment, material and personnel are available to respond to a spill.  2005, c. 12, s. 1 (14). Section Amendments with date in force (d/m/y) 2005, c. 12, s. 1 (14)
- 13/06/2005
PART X SPILLS
Notice of spills
92 (1) Every person having control of a pollutant that is spilled and every person who spills or causes or permits a spill of a pollutant shall forthwith notify the following persons of the spill, of the circumstances thereof, and of the action that the person has taken or intends to take with respect thereto, (a) the Ministry; (b) any municipality within the boundaries of which the spill occurred or, if the spill occurred within the boundaries of a regional municipality, the regional municipality; (c) where the person is not the owner of the pollutant and knows or is able to ascertain readily the identity of the owner of the pollutant, the owner of the pollutant; and (d) where the person is not the person having control of the pollutant and knows or is able to ascertain readily the identity of the person having control of the pollutant, the person having control of the pollutant.  R.S.O. 1990, c. E.19, s. 92 (1); 2002, c. 17, Sched. F, Table; 2005, c. 12, s. 1 (15). When duty effective (2) The duty imposed by subsection (1) comes into force in respect of each of the persons having control of the pollutant and the person who spills or causes or permits the spill of the pollutant immediately when the person knows or ought to know that the pollutant is spilled.  R.S.O. 1990, c. E.19, s. 92 (2); 2005, c. 12, s. 1 (16). Additional information to Director (3) The person required by subsection (1) to give notice and the owner of the pollutant shall give to the Director such additional information in respect of the pollutant, the source of the pollutant and the spill of the pollutant as may be required by the Director.  R.S.O. 1990, c. E.19, s. 92 (3). Notice to Ministry by person investigating (4) A member of a police force or an employee of a municipality or other public authority who is informed of or who investigates the spill of a pollutant shall forthwith notify the Ministry of the spill of the pollutant unless he or she has reasonable grounds for believing that such notice has been given to the Ministry by another person.  R.S.O. 1990, c. E.19, s. 92 (4). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 92 (4) of the Act is amended by striking out “police force” and substituting “police service”. (See: 2019, c. 1, Sched. 4, s. 18 (2)) Same (5) The notices required by subsections (1) and (4) shall be given in accordance with any requirements prescribed by the regulations.  2005, c. 12, s. 1 (17). Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. F, Table - 01/01/2003 2005, c. 12, s. 1 (15-17)
- 13/06/2005 2018, c. 3, Sched. 5, s. 20 (2) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 18 (2) - not in force
PART X SPILLS
Duty to mitigate and restore
93 (1) The owner of a pollutant and the person having control of a pollutant that is spilled and that causes or is likely to cause an adverse effect shall forthwith do everything practicable to prevent, eliminate and ameliorate the adverse effect and to restore the natural environment. When duty effective (2) The duty imposed by subsection (1) comes into force in respect of each of the owner of the pollutant and the person having control of the pollutant immediately when the owner or person, as the case may be, knows or ought to know that the pollutant is spilled and is causing or is likely to cause an adverse effect.  R.S.O. 1990, c. E.19, s. 93.
PART X SPILLS
Directions by Minister, spills
94 (1) Where a pollutant is spilled and the Minister is of the opinion that there is or is likely to be an adverse effect as a result of the spill, the Minister, in the circumstances specified in subsection (2), may give directions in accordance with subsection (3) to the employees in and agents of the Ministry.  R.S.O. 1990, c. E.19, s. 94 (1); 2006, c. 35, Sched. C, s. 36 (2). Where Minister may give directions (2) The Minister may give directions in accordance with subsection (3) where the Minister is of the opinion that it is in the best interest of the public to do so and, (a) the Minister is of the opinion that neither the person having control of the pollutant nor the owner of the pollutant will carry out promptly the duty imposed by section 93; (b) the Minister is of the opinion that the person having control of the pollutant or the owner of the pollutant cannot be readily identified or located and that as a result the duty imposed by section 93 will not be carried out promptly; or (c) the person having control of the pollutant or the owner of the pollutant requests the assistance of the Minister in order to carry out the duty imposed by section 93.  R.S.O. 1990, c. E.19, s. 94 (2). Contents of directions (3) Under this section, the Minister may direct the employees in and agents of the Ministry to do everything practicable or to take such action as may be specified in the directions in respect of the prevention, elimination and amelioration of the adverse effect and the restoration of the natural environment.  R.S.O. 1990, c. E.19, s. 94 (3); 2006, c. 35, Sched. C, s. 36 (3). Further directions (4) The Minister may give directions amending or revoking directions given under this section.  R.S.O. 1990, c. E.19, s. 94 (4). Employees and agents (5) No Act, regulation, by-law, order, permit, approval or licence bars the employees in and agents of the Ministry from acting in accordance with directions given by the Minister under this section.  R.S.O. 1990, c. E.19, s. 94 (5); 2006, c. 35, Sched. C, s. 36 (4). Hearing (6) The Minister need not hold or afford to any person an opportunity for a hearing before giving directions under this section.  R.S.O. 1990, c. E.19, s. 94 (6); 2006, c. 19, Sched. K, s. 2 (1). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. K, s. 2 (1) - 22/06/2006; 2006, c. 35, Sched. C, s. 36 (2-4) - 20/08/2007
PART X SPILLS
Entry and removal
95 (1) For the purpose of carrying out the duty imposed by section 93 or an order or direction made or given under this Part, any person subject to the duty or to whom the order or direction is made or given and that person’s employees and agents may, (a) enter any place; (b) construct structures and use machinery, structures, materials and equipment therein or thereon; and (c) remove therefrom the pollutant or any matter, thing, plant or animal or any part of the natural environment that is affected or that may reasonably be expected to be affected by the pollutant.  R.S.O. 1990, c. E.19, s. 95 (1); 2005, c. 12, s. 1 (18). Enforcement of right of entry, etc. (2) The rights set out in subsection (1) may be enforced by application without notice to a judge of the Superior Court of Justice by a person, employee or agent referred to in subsection (1).  R.S.O. 1990, c. E.19, s. 95 (2); 2001, c. 9, Sched. G, s. 5 (21). Order by judge (3) Where the judge is satisfied that there is reasonable ground for believing that it is necessary to do anything mentioned in subsection (1), the judge may issue an order authorizing the person and the person’s employees and agents or any one or more of them to do anything mentioned in subsection (1) and specified in the order.  R.S.O. 1990, c. E.19, s. 95 (3). When to be executed (4) An order under subsection (3) shall be carried out between 6 a.m. and 9 p.m. standard time, unless the order otherwise authorizes.  R.S.O. 1990, c. E.19, s. 95 (4). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. G, s. 5 (21) - 29/06/2001 2005, c. 12, s. 1 (18)
- 13/06/2005
PART X SPILLS
Disposal of pollutant, etc.
96 (1) No person, employee or agent exercising any authority under subsection 100 (1) or carrying out any duty imposed or order or direction made or given under this Part shall dispose of or use any pollutant, or any matter, thing, plant or animal or any part of the natural environment that is affected or that may reasonably be expected to be affected by the pollutant except, (a) in accordance with an order of or direction by the Minister under this or any other Act; (b) in accordance with a direction by or the approval of the Director, but such a direction or approval shall not be contrary to the regulations; or (c) in accordance with an approval, order, certificate of property use, requirement or direction by the Director under any other Part of this Act or by a Director or provincial officer under any other Act administered by the Minister, but such an approval, order, certificate of property use, requirement or direction shall not be contrary to the regulations.  R.S.O. 1990, c. E.19, s. 96 (1); 2001, c. 17, s. 2 (5). Direction or approval by Director (2) The Director may give to any person, employee or agent mentioned in subsection (1), and may amend or revoke, a direction or approval mentioned in clause (1) (b) and may do so despite the terms of or conditions in, (a) an environmental compliance approval in respect of a waste disposal site; or (b) a renewable energy approval issued under Part V.0.1 in respect of a waste disposal site.  2009, c. 12, Sched. G, s. 5; 2010, c. 16, Sched. 7, s. 2 (44). Conditions (3) The Director may attach such conditions as the Director considers necessary to an approval mentioned in clause (1) (b).  R.S.O. 1990, c. E.19, s. 96 (3). Hearing (4) The Director need not hold or afford to any person an opportunity for a hearing before giving, amending or revoking a direction or approval referred to in clause (1) (b).  R.S.O. 1990, c. E.19, s. 96 (4); 2006, c. 19, Sched. K, s. 2 (2). Section Amendments with date in force (d/m/y) 2001, c. 17, s. 2 (5)
- 01/10/2004 2006, c. 19, Sched. K, s. 2 (2) - 22/06/2006 2009, c. 12, Sched. G, s. 5 - 24/09/2009 2010, c. 16, Sched. 7, s. 2 (44) - 31/10/2011
PART X SPILLS
Effect of compliance with duty, or order, etc.
98 A person who in good faith and in a reasonable manner, in carrying out or attempting to carry out, (a) a duty imposed by this Part; or (b) an order or direction by the Minister or a direction or approval by the Director under this Part, takes or refrains from taking any action shall not be convicted of an offence in respect of such taking or refraining from taking of action.  R.S.O. 1990, c. E.19, s. 98.
PART X SPILLS
Action by municipality or designated persons, spills
100 (1) Where a pollutant is spilled, (a) a municipality; and (b)  Repealed:  2002, c. 17, Sched. F, Table. (c) a person or a member of a class of persons designated by the regulations, or any one or more of them, may do everything practicable to prevent, eliminate and ameliorate any adverse effects and to restore the natural environment.  R.S.O. 1990, c. E.19, s. 100 (1); 2002, c. 17, Sched. F, Table; 2005, c. 12, s. 1 (20). Right of entry and immunity from prosecution (2) A municipality or a person or member of a class of persons designated by the regulations acting under subsection (1) or an employee or agent of any of them so acting has the rights of a person under section 95 and, if acting in good faith and in a reasonable manner, the immunity conferred on a person by section 98.  R.S.O. 1990, c. E.19, s. 100 (2); 2002, c. 17, Sched. F, Table. Co-operation with others (3) A municipality or a person or a member of a class of persons designated by the regulations acting under subsection (1) must, (a) co-ordinate efforts with; (b) make use of the expertise of; and (c) not impede, a person carrying out a duty, order or direction under this Part.  R.S.O. 1990, c. E.19, s. 100 (3); 2002, c. 17, Sched. F, Table. Right to compensation (4) A municipality or a person or member of a class of persons designated by the regulations has the right to compensation from the owner of the pollutant and the person having control of the pollutant for all reasonable cost and expense incurred in acting under subsection (1).  R.S.O. 1990, c. E.19, s. 100 (4); 2002, c. 17, Sched. F, Table. Enforcement (5) The right to compensation under subsection (4) may be enforced by action in a court of competent jurisdiction.  R.S.O. 1990, c. E.19, s. 100 (5). Application of subss. 99 (6) to (12) (6) Where the right to compensation under subsection (4) arises, subsections 99 (6) to (12) apply with necessary modifications.  R.S.O. 1990, c. E.19, s. 100 (6); 2002, c. 24, Sched. B, s. 35. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. F, Table - 01/01/2003; 2002, c. 24, Sched. B, s. 35 - 01/01/2004 2005, c. 12, s. 1 (20)
- 13/06/2005
PART X SPILLS
Transfer of rights
102 (1) All rights of recovery of compensation of the Environmental Compensation Corporation are transferred to Her Majesty in right of Ontario.  1997, c. 7, s. 2. Same (2) All assets, other than rights of recovery of compensation, and liabilities of the Environmental Compensation Corporation are transferred to and assumed by Her Majesty in right of Ontario as represented by the Minister of the Environment.  1997, c. 7, s. 2; 2000, c. 26, Sched. E, s. 3 (1). Note:  No application for payment of a claim that is made to the Environmental Compensation Corporation after June 3, 1996 shall be processed and no payment shall be made pursuant to such an application.  See:  1997, c. 7, s. 11. Section Amendments with date in force (d/m/y) 1997, c. 7, s. 2 - 25/06/2010; 1997, c. 7, s. 11 - 05/06/1997 2000, c. 26, Sched. E, s. 3 (1) - 06/12/2000
PART X SPILLS
Right of action preserved
103 (1) Despite the repeal of section 110 by the Environmental Approvals Improvement Act, 1997, Her Majesty in right of Ontario may start or continue a proceeding for the recovery of compensation or pursue any action under that section, as if it had not been repealed, in the place of the Environmental Compensation Corporation.  1997, c. 7, s. 2. Repayment (2) A person who received payment, pursuant to a certificate of the Environmental Compensation Corporation, from the Minister of Finance of Ontario for loss or damage as a result of a spill and recovers compensation from another person for the same loss or damage shall repay to the Minister of Finance an amount equal to the total amount recovered from the Minister of Finance and the other person less the financial value of the loss or damage suffered, but the amount repayable does not exceed the payment received from the Minister of Finance.  1997, c. 7, s. 2. Note:  No application for payment of a claim that is made to the Environmental Compensation Corporation after June 3, 1996 shall be processed and no payment shall be made pursuant to such an application.  See:  1997, c. 7, s. 11. Section Amendments with date in force (d/m/y) 1997, c. 7, s. 2 - 25/06/2010; 1997, c. 7, s. 11 - 05/06/1997