26 (1) The Lieutenant Governor in Council may make regulations, (a)  regulating or prohibiting activities that may adversely affect the ecological health of the Great Lakes-St. Lawrence River Basin; (b)  requiring persons to do things to protect or restore the ecological health of the Great Lakes-St. Lawrence River Basin; (c)  designating a public body as the enforcement body for the purposes of this section and providing for the appointment of officers by the public body to enforce any regulation made under this section; (d)  authorizing an officer appointed under clause (c) to issue orders to any person who contravenes a regulation made under clause (a) or (b), governing the issuance of those orders and their contents and providing for and governing appeals of those orders; (e)  authorizing the public body designated under clause (c) to charge fees in respect of any matter specified by the regulations that relates to the administration of a regulation made under this section; (f)  governing the amount of fees that may be charged by a public body under clause (e) and the payment of those fees; (g)  respecting any matter that the Lieutenant Governor in Council considers advisable to effectively carry out the intent and purpose of regulations made under this section. Application of cl. (1) (a) and (b) (2) A regulation under clause (1) (a) shall not be made in respect of activities that are carried out in an area and a regulation under clause (1) (b) shall not be made in respect of things to be done in an area, unless the area is, (a)  an area to which an initiative applies; and (b)  an area of land or water, (i)  adjacent or close to the shoreline of a Great Lake, the St. Lawrence River or any other lake other than a Great Lake, (ii)  within, adjacent or close to a permanent or intermittent tributary of a lake, or (iii)  within, adjacent or close to wetlands. Application of Lake Simcoe Protection Act, 2008 — maps and permits (3) The following provisions of the Lake Simcoe Protection Act, 2008 apply, with necessary modifications, in respect of a regulation made under this section: 1.  Subsection 26 (4) (reference to maps). 2.  Subsection 26 (5) (permits). Application of Lake Simcoe Protection Act, 2008 — enforcement (4) The following provisions of the Lake Simcoe Protection Act, 2008 apply, with necessary modifications, in respect of an officer appointed under clause (1) (c) for the purpose of enforcing a regulation made under this section: 1.  Clauses 26 (6) (a) and (b) (authority to enter property without the consent of the owner or occupier and without a warrant). 2.  Subsection 26 (7) (training of officers). 3.  Subsection 26 (8) (warrant required with respect to a dwelling). 4.  Subsections 26 (9) to (16) (powers and duties when entering property). 5.  Subsections 26 (17) to (24) (warrants authorizing entry). 6.  Subsection 26 (25) (restoration of property). Request for documents, data (5) If an officer appointed under clause (1) (c) requests in writing that a person produce any documents or data that relate to an activity that is regulated or prohibited by a regulation made under clause (1) (a) or to a thing that a person is required to do by a regulation made under clause (1) (b), the person shall produce the documents or data for the officer within the time and in the manner specified by the officer in the request. Offence: contravening regulation or order (6) Every person who contravenes a regulation made under subsection (1) or an order issued in accordance with a regulation made under subsection (1) is guilty of an offence. Offence: obstruction (7) A person is guilty of an offence if the person, (a)  prevents or obstructs a person from entering property or doing any other thing authorized under this section; or (b)  refuses to comply with a request made under subsection (5). Penalty, individual (8) An individual who is guilty of an offence under this section is liable, on conviction, (a)  in the case of a first conviction, to a fine of not more than $25,000 for each day or part of a day on which the offence occurs or continues; and (b)  in the case of a subsequent conviction, to a fine of not more than $50,000 for each day or part of a day on which the offence occurs or continues. Same, corporation (9) A corporation that is guilty of an offence under this section is liable, on conviction, (a)  in the case of a first conviction, to a fine of not more than $50,000 for each day or part of a day on which the offence occurs or continues; and (b)  in the case of a subsequent conviction, to a fine of not more than $100,000 for each day or part of a day on which the offence occurs or continues. Directors, officers, employees and agents (10) If a corporation commits an offence under this section, a director, officer, employee or agent of the corporation who directed, authorized, assented to, acquiesced in or failed to take all reasonable care to prevent the commission of the offence, or who participated in the commission of the offence, is also guilty of the offence, whether or not the corporation has been prosecuted for the offence. Application of Lake Simcoe Protection Act, 2008 — offences (11) The following provisions of the Lake Simcoe Protection Act, 2008 apply, with necessary modifications, in respect of offences under this section: 1.  Subsection 26 (31) (court may increase fine to address monetary benefit). 2.  Subsection 26 (32) (additional orders). 3.  Subsection 26 (33) (other remedies and penalties preserved). 4.  Subsections 26 (34) and (35) (effects of non-compliance with order). 5.  Subsection 26 (36) (limitation period). 6.  Subsection 26 (37) (immunity from liability). 7.  Subsection 26 (38) (vicarious liability). Same (12) For the purposes of paragraph 2 of subsection (11), the reference to the Lake Simcoe watershed in paragraph 1 of subsection 26 (32) of the Lake Simcoe Protection Act, 2008 is deemed to be a reference to the Great Lakes-St. Lawrence River Basin. References to public body (13) For the purposes of paragraph 1 of subsection (3) and paragraph 4 of subsection (11), the references to a public body in subsections 26 (4), (34) and (35) of the Lake Simcoe Protection Act, 2008 are deemed to be references to a public body as defined in section 3 of this Act. References to regulations (14) For the purposes of subsections (3), (4) and (11), any reference in the provisions of the Lake Simcoe Protection Act, 2008 mentioned in those subsections to a matter that is prescribed by the regulations made under the Lake Simcoe Protection Act, 2008 or to a regulation made under the Lake Simcoe Protection Act, 2008
is deemed to be a reference to a matter that is prescribed by the regulations made under this Act or to a regulation made under this Act. Conflict with regulations or instruments under other Acts (15) If there is a conflict between a provision of a regulation made under this section and a provision of a regulation, by-law or instrument made, issued or otherwise created under another Act with respect to a matter that affects or has the potential to affect the ecological health of the Great Lakes-St. Lawrence River Basin, the provision that provides the greatest protection to the ecological health of the Great Lakes-St. Lawrence River Basin prevails. Part VII   Miscellaneous Public consultation and notice