PART X SPILLS
Right to compensation from Crown
101 (1) A person, other than a person referred to in subsection (2), entitled under clause 99 (2) (b) to compensation for reasonable cost and expense has the right, subject to the conditions prescribed by the regulations, to payment of such compensation from Her Majesty in right of Ontario. Application of subs. (1) (2) Subsection (1) does not give a right to payment of compensation to, (a) the owner of the pollutant; (b) the person having control of the pollutant; (c) a person liable at law other than under this Part for loss, damage, cost or expense arising from the spill of the pollutant; (d) a person that has a right under a contract to payment of the reasonable cost and expense referred to in subsection (1), or an employee or agent of any of them. Enforcement of right (3) The right to payment of compensation under subsection (1) may be enforced by action in a court of competent jurisdiction. Recovery by Crown (4) Where compensation has been paid under subsection (1), Her Majesty in right of Ontario has the right to recover in the place of the person to whom the compensation was paid to the extent of the amount of the payment of compensation by and any costs of Her Majesty. Idem (5) Her Majesty in right of Ontario is entitled under subsection (4) to all rights of recovery whether under this Part or otherwise that the person has against any other person. Idem (6) For the purposes of subsection (4), the payment of compensation by Her Majesty in right of Ontario under subsection (1) shall not be construed to affect the right of the person under subsection 99 (2) to compensation for reasonable cost and expense so paid by Her Majesty. Enforcement (7) The right to compensation under subsection (4) may be enforced in a court of competent jurisdiction by Her Majesty in right of Ontario in Her Majesty’s name or in the name of the person to whom the compensation has been paid. Disentitlement (8) A person that fails to comply with or contravenes a condition prescribed by the regulations that must be complied with before payment of compensation under subsection (1) is disentitled to the payment. Repayment (9) Where a person fails to comply with or contravenes a condition prescribed by the regulations that attaches to the payment of compensation under subsection (1), Her Majesty in right of Ontario has the right to recover the amount of the compensation paid and the right may be enforced in a court of competent jurisdiction. Right of insurer (10) An insurer as defined in the Insurance Act only acquires its subrogated right of recovery under any law, including sections 152 and 278 of the Insurance Act, or the provisions of any contract of insurance in respect of a person to whom a payment of compensation has been made under subsection (1) when Her Majesty in right of Ontario consents in writing to a settlement in accordance with which the right of recovery is released or to the bringing of an action to enforce the right of recovery. Where consent not obtained (11) If an insurer referred to in subsection (10) purports to make a settlement or brings an action without the consent of Her Majesty, the insurer is liable to Her Majesty in right of Ontario in an amount equal to the amount of the payment of compensation under subsection (1) to the extent of the recovery under the judgment with respect to which the action was brought or the amount paid to the insurer in accordance with the settlement. Effect of release (12) A release in furtherance of or in accordance with a purported settlement made without the consent of Her Majesty in right of Ontario is a nullity. Withholding of consent (13) Her Majesty shall not unreasonably withhold the consent referred to in subsections (10), (11) and (12), but Her Majesty may attach conditions to the consent and may revoke the consent for breach of such a condition. Conflict (14) This section applies despite any other law or any contract of insurance.  R.S.O. 1990, c. E.19, s. 101.