PART X SPILLS
Director’s order for costs and expenses
99.1 (1) If a pollutant is spilled, the Director may issue an order requiring the owner of the pollutant or the person having control of the pollutant to pay to the Minister of Finance any reasonable costs or expenses incurred by Her Majesty in right of Ontario for the following purposes: 1. To prevent, eliminate or ameliorate any adverse effects or to restore the natural environment. 2. To prevent or reduce the risk of future discharges into the natural environment of any pollutant owned by or under the charge, management or control of the person against whom the order is made.  2005, c. 12, s. 1 (19). Same (2) If an order to pay costs or expenses is issued under subsection (1) to a receiver or trustee in bankruptcy, the receiver or trustee in bankruptcy is not personally liable for those costs or expenses unless the spill arose from the gross negligence or wilful misconduct of the receiver or trustee in bankruptcy or of a receiver representative or trustee in bankruptcy representative.  2005, c. 12, s. 1 (19). Contents (3) An order under subsection (1) shall include, (a) a statement identifying the spill to which the order relates; (b) a description of things for which Her Majesty in right of Ontario incurred costs or expenses for a purpose referred to in subsection (1); (c) a detailed account of the costs and expenses incurred in doing the things; and (d) a direction that the person to whom the order is issued pay the costs and expenses to the Minister of Finance.  2005, c. 12, s. 1 (19). Application of ss. 153 and 155 (4) Sections 153 and 155 apply, with necessary modifications, in respect of an order under subsection (1).  2005, c. 12, s. 1 (19). Joint and several liability (5) Where two or more persons are liable to pay costs or expenses pursuant to an order under subsection (1), they are jointly and severally liable to Her Majesty in right of Ontario.  2005, c. 12, s. 1 (19). Contribution and indemnity (6) Where the Director is entitled to issue an order to two or more persons under subsection (1) in respect of costs or expenses, as between themselves, in the absence of an express or implied contract, each of those persons is liable to make contribution to and indemnify the other in accordance with the following principles: 1. Where the Director is entitled to issue an order to two or more persons under subsection (1) in respect of costs or expenses and one or more of them caused or contributed to the costs or expenses by fault or negligence, such one or more of them shall make contribution to and indemnify, i. where one person is found at fault or negligent, any other person to whom the Director is entitled to issue an order under subsection (1), and ii. where two or more persons are found at fault or negligent, each other and any other person to whom the Director is entitled to issue an order under subsection (1) in the degree in which each of such two or more persons caused or contributed to the costs or expenses by fault or negligence. 2. For the purpose of subparagraph 1 ii, if it is not practicable to determine the respective degrees in which the fault or negligence of two or more persons to whom the Director is entitled to issue an order under subsection (1) caused or contributed to the costs or expenses, such two or more persons shall be deemed to be equally at fault or negligent. 3. Where no person to whom the Director is entitled to issue an order under subsection (1) caused or contributed to the costs or expenses by fault or negligence, each of the persons to whom the Director is entitled to issue an order under subsection (1) is liable to make contribution to and indemnify each other in such degree as is determined to be just and equitable in the circumstances.  2005, c. 12, s. 1 (19). Enforcement of contribution (7) The right to contribution or indemnification under subsection (6) may be enforced by action in a court of competent jurisdiction.  2005, c. 12, s. 1 (19). Adding parties (8) Wherever it appears that a person not already a party to an action under subsection (7) may be a person to whom the Director is entitled to issue an order under subsection (1) in respect of the costs or expenses, the person may be added as a party defendant to the action on such terms as are considered just or may be made a third party to the action in the manner prescribed by the rules of court for adding third parties.  2005, c. 12, s. 1 (19). Section Amendments with date in force (d/m/y) 2005, c. 12, s. 1 (19)
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