jswizzle3737/ontario_laws_and_regs huggingface dataset:
57 (1) If a source protection plan that is in effect designates an activity as an activity to which this section should apply and an area within which this section should apply to the activity, a person shall not engage in that activity at any location within that area.  2006, c. 22, s. 57 (1). Transition (2) If an activity was engaged in at a particular location immediately before the source protection plan took effect, subsection (1) does not apply to a person who engages in the activity at that location until 180 days after the plan takes effect or such later date as is set out in the source protection plan.  2006, c. 22, s. 57 (2).
59 (1) If a source protection plan that is in effect designates a land use as a land use to which this section should apply and an area within which this section should apply, (a)  a person shall not make an application under a provision of the Planning Act prescribed by the regulations for the purpose of using land for that land use at any location within that area; and (b)  despite section 58, a person shall not construct or change the use of a building at any location within that area, if the building will be used in connection with that land use, unless the risk management official issues a notice to the person under subsection (2).  2006, c. 22, s. 59 (1). Issuance of notice (2) The risk management official shall, on application, issue a notice to a person for the purpose of subsection (1) if, and only if, the applicant has paid all applicable fees and, (a)  neither section 57 nor section 58 applies to the activity for which the land is to be used at the location where the land is to be used; or (b)  section 58 applies to the activity for which the land is to be used at the location where the land is to be used and a risk management plan that applies to that activity at that location has been agreed to or established under section 56 or 58.  2006, c. 22, s. 59 (2). Time for application (3) If section 58 applies to the activity for which the land is to be used at the location where the land is to be used, an application for the issuance of a notice under subsection (2) may be made at the same time that an application is made in respect of the activity under section 58 or 60.  2006, c. 22, s. 59 (3). Copies (4) If a risk management official issues a notice under subsection (2), he or she shall give a copy of the notice to the persons prescribed by the regulations.  2006, c. 22, s. 59 (4). Definitions (5) In this section, “building” has the same meaning as in the Building Code Act, 1992; (“bâtiment”) “construct” has the same meaning as in the Building Code Act, 1992. (“construire”)  2006, c. 22, s. 59 (5).
60 (1) Sections 56, 57 and 58 do not apply to an activity that is engaged in at a particular location if, (a)  a risk assessment relating to the activity at that location has been submitted to the risk management official; (b)  the risk assessment concludes that the activity, if engaged in at that location, is not a significant drinking water threat at that location; and (c)  the risk management official has accepted the risk assessment under this section.  2006, c. 22, s. 60 (1). Acceptance of risk assessment (2) On application, the risk management official shall accept a risk assessment that concludes that an activity is not a significant drinking water threat if, and only if, all applicable fees have been paid and, (a)  the risk management official is satisfied that the activity has been assessed in accordance with the regulations and the rules; or (b)  in circumstances prescribed under clause 55 (1) (h), a person with qualifications prescribed by the regulations has stated, in a form obtained from or approved by the Director, that the person is satisfied that the activity has been assessed in accordance with the regulations and the rules.  2006, c. 22, s. 60 (2).
61 (1) A risk management official may, by order, require a person who engages in or proposes to engage in an activity to which section 56 or 58 applies to provide the risk management official with a report that describes the manner in which the activity is being or is proposed to be engaged in, including any risk management measures that are being or are proposed to be taken with respect to the protection of drinking water sources.  2006, c. 22, s. 61 (1). Same (2) A person who is required to provide a report under subsection (1) shall ensure that it is prepared and submitted to the risk management official in accordance with the order.  2006, c. 22, s. 61 (2).
62.1 (1) For the purposes of determining compliance of a person with this Part, a risk management inspector 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. 2017, c. 2, Sched. 11, s. 1. Same (2) For the purposes of subsection (1), a risk management inspector may make inquiries by telephone or by any other means of communication. 2017, c. 2, Sched. 11, s. 1. Production of document (3) In requiring a person to respond to an inquiry under subsection (1), a risk management inspector 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. 1. Records in electronic form (4) If a record is retained in electronic form, a risk management inspector 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. 1. Section Amendments with date in force (d/m/y) 2017, c. 2, Sched. 11, s. 1 - 22/03/2017
63 (1) If a risk management inspector has reasonable grounds to believe that a person is contravening subsection 57 (1) or 58 (1), the inspector may make an order requiring the person to do any one or more of the following things: 1.  Comply, by a date specified in the order, with directions set out in the order relating to achieving compliance with subsection 57 (1) or 58 (1). 2.  Cease engaging in the activity that constitutes the contravention. 3.  Report to the risk management inspector on compliance with the order, in such manner and at such times as are set out in the order.  2006, c. 22, s. 63 (1). Information to be included (2) An order under subsection (1) shall briefly describe the nature and location of the contravention.  2006, c. 22, s. 63 (2). Order to comply with directions (3) If an order under paragraph 1 of subsection (1) requires a person to comply with directions by a date specified in the order, the order may, during the period from the date the order is issued until the date specified in the order, relieve the person from strict compliance with subsection 57 (1) or 58 (1), subject to such conditions as are set out in the order.  2006, c. 22, s. 63 (3). Enforcement of risk management plan (4) If a risk management inspector has reasonable grounds to believe that a person is failing to implement a provision of a risk management plan agreed to or established under section 56 or 58, the inspector may make an order requiring the person to do any one or more of the following things: 1.  Comply, by a date specified in the order, with directions set out in the order relating to implementing the provision of the risk management plan. 2.  Seek an amendment to the risk management plan. 3.  Report to the risk management inspector on compliance with the order, in such manner and at such times as are set out in the order.  2006, c. 22, s. 63 (4). Information to be included (5) An order under subsection (4) shall briefly describe the nature of the failure to implement the provision of the risk management plan.  2006, c. 22, s. 63 (5). Order to comply with directions (6) If an order under paragraph 1 of subsection (4) requires a person to comply with directions by a date specified in the order, the order may, during the period from the date the order is issued until the date specified in the order, relieve the person from strict compliance with subsection 56 (11) or 58 (18), subject to such conditions as are set out in the order.  2006, c. 22, s. 63 (6).
64 (1) Where an order made under section 63 is not stayed, the risk management official may cause to be done any thing required by it if, (a)  a person required by the order to do the thing, (i)  has refused to comply with or is not complying with the order, (ii)  is not likely, in the risk management official’s opinion, to comply with the order promptly, (iii)  is not likely, in the risk management official’s opinion, to carry out the order competently, or (iv)  requests the assistance of the risk management official in complying with the order; (b)  a receiver or trustee in bankruptcy is not required to do the thing because of subsection 79 (5); or (c)  in the risk management official’s opinion, it would be in the public interest to do so.  2006, c. 22, s. 64 (1). Notice of intent to cause things to be done (2) The risk management official shall give notice of an intention to cause a thing to be done under subsection (1), (a)  to each person required by an order made under section 63 to do the thing; (b)  to each person required by an order under section 80 to permit access for the purpose of doing the thing; and (c)  if a receiver or trustee in bankruptcy is not required to do the thing because of subsection 79 (5), to the receiver or trustee in bankruptcy.  2006, c. 22, s. 64 (2). Same (3) A person who receives a notice under subsection (2) shall not do the thing referred to in the notice without the permission of the risk management official.  2006, c. 22, s. 64 (3).
65 Where a risk management inspector is authorized by section 63 to issue an order requiring a person to do a thing and the identity of the person cannot be ascertained, the risk management inspector may cause the thing to be done.  2006, c. 22, s. 65; 2009, c. 33, Sched. 15, s. 2 (7). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 15, s. 2 (7) - 15/12/2009
66 (1) Subject to subsections (2) and (3), a person who is responsible for doing a thing under section 64 or 65 may, for the purpose, enter property on which the thing is to be done and any adjacent property without a warrant if, (a)  the entry is made with the consent of an occupier of the property; or (b)  there are reasonable grounds to believe that the delay necessary to obtain a warrant under subsection (4) would result in an imminent drinking water health hazard.  2006, c. 22, s. 66 (1). Training (2) A person shall not enter property for the purpose of doing a thing unless the person has received training prescribed by the regulations.  2006, c. 22, s. 66 (2). Dwellings (3) A person shall not enter a room actually used as a dwelling without the consent of the occupier except under the authority of a warrant under subsection (4).  2006, c. 22, s. 66 (3). Warrant authorizing entry (4) A justice who is satisfied on evidence under oath or affirmation that there are reasonable grounds to believe that entry to property is necessary for the purpose of doing a thing under section 64 or 65 may issue a warrant authorizing the person named in the warrant to make the entry and do the thing.  2006, c. 22, s. 66 (4). Execution and expiry of warrant (5) A warrant issued under subsection (4) shall, (a)  specify the times, which may be 24 hours each day, during which the warrant may be carried out; and (b)  state when the warrant expires.  2006, c. 22, s. 66 (5). Renewal (6) Before or after the warrant expires, a justice may renew the warrant, for such additional periods as the justice considers necessary.  2006, c. 22, s. 66 (6). Use of force (7) A person authorized under clause (1) (b) or subsection (4) to enter property for the purpose of doing a thing may call on police officers as necessary and may use force as necessary to make the entry and do the thing.  2006, c. 22, s. 66 (7). Assistance (8) A person named in a warrant issued under subsection (4) may call on any other persons he or she considers advisable to execute the warrant.  2006, c. 22, s. 66 (8). Application without notice (9) A warrant under subsection (4) may be issued or renewed on application without notice.  2006, c. 22, s. 66 (9). Application for dwelling (10) An application for a warrant under subsection (4) to enter a dwelling shall specifically indicate that the application relates to a dwelling.  2006, c. 22, s. 66 (10). Identification (11) On request, a person who enters property under subsection (1) or (4) shall identify himself or herself and shall explain the purpose of the entry.  2006, c. 22, s. 66 (11). Section Amendments with date in force (d/m/y) CTS 30 JA 08 - 1
68 (1) An order to pay costs under section 67 may be filed with a local registrar of the Superior Court of Justice and enforced as if it were an order of the court.  2006, c. 22, s. 68 (1). Interest (2) Section 129 of the Courts of Justice Act applies in respect of an order filed with the Superior Court of Justice under subsection (1) and, for the purpose, the date of filing shall be deemed to be the date of the order.  2006, c. 22, s. 68 (2).
69 (1) For the purposes of subsections (2) and (3), a thing done as a result of activities on real property is a thing done in connection with that property, whether or not the work is done on that property.  2006, c. 22, s. 69 (1). Addition to tax roll (2) If an order to pay costs under section 67 is directed to a person who owns real property in a local municipality, and the risk management official instructs the municipality to recover amounts specified in the order that relate to things done in connection with that property, the treasurer of the municipality shall add the costs to the tax roll and collect them in the same manner as taxes.  2006, c. 22, s. 69 (2). Same, unorganized territory (3) If an order to pay costs under section 67 is directed to a person who owns real property in unorganized territory, and the risk management official requests the Minister of Finance to recover amounts specified in the order that relate to things done in connection with that property, those amounts shall be deemed to be taxes in respect of the property imposed under section 2 of the Provincial Land Tax Act, 2006 and may be collected in the same way and with the same priorities as taxes under that Act.  2006, c. 22, s. 69 (3); 2006, c. 33, Sched. Z.3, s. 33 (3). Same (4) An instruction under subsection (2) or (3) shall state which of the amounts specified in the order to pay relate to things done in connection with the property.  2006, c. 22, s. 69 (4). Same (5) Money collected in accordance with subsection (2) or (3), less the costs reasonably attributable to the collection, shall be paid by the municipality or the Land Tax Collector, as the case may be, to the person to whom the costs are payable under clause 67 (5) (c).  2006, c. 22, s. 69 (5). Section Amendments with date in force (d/m/y) 2006, c. 33, Sched. Z.3, s. 33 (3) - 01/01/2009 Hearing by Tribunal
70 (1) When the risk management official or a risk management inspector makes an order listed in subsection (2), he or she shall serve written notice, together with written reasons for making the order, on the person against whom the order is made.  2006, c. 22, s. 70 (1). Application of subs. (1) (2) Subsection (1) applies to: 1.  An order under section 56 or 58 establishing or amending a risk management plan. 2.  An order under section 61, 63, 67 or 80.  2006, c. 22, s. 70 (2). Refusals (3) When the risk management official refuses to make an order under section 58 establishing or amending a risk management plan or refuses to issue a notice under section 59, he or she shall serve written notice, together with written reasons for the refusal, on the person who made the application for the establishment or amendment of the plan or the issuance of the notice.  2006, c. 22, s. 70 (3). Notice requiring hearing (4) A person who receives a notice under subsection (1) or (3) may require a hearing by the Tribunal by serving written notice, within 60 days after the service of the notice under subsection (1) or (3), on the Tribunal and on the risk management official or risk management inspector who served the notice under subsection (1) or (3).  2006, c. 22, s. 70 (4).
71 The Tribunal shall extend the time in which a person may give a notice under subsection 70 (4) requiring a hearing on an order or refusal where, in the Tribunal’s opinion, it is just to do so because service of the notice under subsection 70 (1) or (3) did not give the person notice of the order or refusal.  2006, c. 22, s. 71.
72 (1) A person who requires a hearing by the Tribunal shall state in the notice requiring the hearing, (a)  the portions of the order on which the hearing is required, if the hearing is required on an order; and (b)  the grounds on which the person intends to rely at the hearing.  2006, c. 22, s. 72 (1). Effect of contents of notice (2) Except with leave of the Tribunal, at a hearing by the Tribunal, the person who required the hearing is not entitled to appeal a portion of an order, or to rely on a ground, that is not stated in the notice requiring the hearing.  2006, c. 22, s. 72 (2). Leave by Tribunal (3) The Tribunal may grant the leave referred to in subsection (2) where the Tribunal is of the opinion that to do so is proper in the circumstances, and the Tribunal may give such directions as the Tribunal considers proper consequent on the granting of the leave.  2006, c. 22, s. 72 (3).
73 (1) The commencement of a proceeding before the Tribunal under section 70 does not stay the operation of an order on which the hearing is required, unless the order was made under section 67.  2006, c. 22, s. 73 (1). Tribunal may grant stay (2) The Tribunal may, on the application of a party to a proceeding commenced under section 70, stay the operation of the order on which the hearing is required.  2006, c. 22, s. 73 (2). When stay may not be granted (3) The Tribunal shall not stay the operation of an order under subsection (2) if doing so would result in a drinking water health hazard.  2006, c. 22, s. 73 (3). Removal of stay by Tribunal (4) The Tribunal, on the application of a party to a proceeding, shall remove a stay if failure to do so would result in a drinking water health hazard.  2006, c. 22, s. 73 (4). Section Amendments with date in force (d/m/y) CTS 30 JA 08 - 1
74 The parties to the hearing are: 1.  The person requiring the hearing. 2.  The risk management official or risk management inspector who was served under subsection 70 (4). 3.  Any other person specified by the Tribunal.  2006, c. 22, s. 74.
75 At a hearing by the Tribunal on an order to pay costs under section 67, the risk management official may, on reasonable notice to all parties, ask the Tribunal to amend the order by adding new costs or expenses or by increasing the amounts set out in the order.  2006, c. 22, s. 75.
76 Subject to section 77, a hearing by the Tribunal required by section 70 shall be a new hearing and the Tribunal may confirm, alter or revoke the action of the risk management official or risk management inspector that is the subject-matter of the hearing and may by order direct the risk management official or risk management inspector to take such action as the Tribunal considers the risk management official or risk management inspector should take in accordance with this Act and the regulations, and, for such purposes, the Tribunal may substitute its opinion for that of the risk management official or risk management inspector.  2006, c. 22, s. 76.
77 (1) At a hearing by the Tribunal on an order under subsection 67 (1) or (3) to a person to pay the costs of doing things, the Tribunal shall consider only whether any of the costs specified in the order, (a)  do not relate to a thing that the person was required to do by an order made under section 63, as amended by any Tribunal decision; or (b)  are unreasonable having regard to what was done.  2006, c. 22, s. 77 (1). Same, receiver or trustee in bankruptcy (2) For the purpose of subsection (1), if the order under subsection 67 (1) or (3) was issued to a receiver or trustee in bankruptcy, (a)  the receiver or trustee in bankruptcy shall be deemed to have been required to do any thing that was required to be done by the person whose property the receiver or trustee in bankruptcy holds or administers; and (b)  the receiver or trustee in bankruptcy shall be deemed to have been required to do a thing that, pursuant to subsection 79 (5), the receiver or trustee in bankruptcy was not required to do.  2006, c. 22, s. 77 (2).
78 (1) Every person required to retain a record pursuant to an order issued under this Part or pursuant to a risk management plan that is agreed to or established under section 56 or 58 shall make the record available to a risk management inspector for inspection on his or her request.  2006, c. 22, s. 78 (1); 2009, c. 33, Sched. 15, s. 2 (8). Copies or extracts (2) The risk management inspector may, on giving a receipt, remove any record referred to in subsection (1) for the purpose of making copies or extracts and shall promptly return the record.  2006, c. 22, s. 78 (2). Records in electronic form (3) If a record is retained in electronic form, the risk management inspector may require that a copy of it be provided to him or her on paper or in a machine-readable medium or both.  2006, c. 22, s. 78 (3). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 15, s. 2 (8) - 15/12/2009
79 (1) An order under section 61, 63, 67 or 80 is binding on the executor, administrator, administrator with the will annexed, guardian of property or attorney for property of the person to whom it was directed, and on any other successor or assignee of the person to whom it was directed.  2006, c. 22, s. 79 (1). Limitation (2) If, pursuant to subsection (1), an order is binding on an executor, administrator, administrator with the will annexed, guardian of property or attorney for property, their obligation to incur costs to comply with the order is limited to the value of the assets they hold or administer, less their reasonable costs of holding or administering the assets.  2006, c. 22, s. 79 (2). Receivers and trustees (3) An order under section 63, 67 or 80 that relates to property is binding on a receiver or trustee that holds or administers the property.  2006, c. 22, s. 79 (3). Limitation (4) If, pursuant to subsection (3), an order is binding on a trustee, other than a trustee in bankruptcy, the trustee’s obligation to incur costs to comply with the order is limited to the value of the assets held or administered by the trustee, less the trustee’s reasonable costs of holding or administering the assets.  2006, c. 22, s. 79 (4). Exception (5) Subsection (3) does not apply to an order that relates to property held or administered by a receiver or trustee in bankruptcy if, (a)  within 10 days after taking or being appointed to take possession or control of the property, or within 10 days after the issuance of the order, the receiver or trustee in bankruptcy notifies the risk management official that they have abandoned, disposed of or otherwise released their interest in the property; or (b)  the order was stayed under Part I of the Bankruptcy and Insolvency Act (Canada) and the receiver or trustee in bankruptcy notified the person who made the order, before the stay expired, that they abandoned, disposed of or otherwise released their interest in the property.  2006, c. 22, s. 79 (5). Extension of period (6) The risk management official may extend the 10-day period for giving notice under clause (5) (a), before or after it expires, on such terms and conditions as he or she considers appropriate.  2006, c. 22, s. 79 (6). Notice under subs. (5) (7) Notice under clause (5) (a) or (b) must be given in the manner prescribed by the regulations.  2006, c. 22, s. 79 (7).
80 (1) If a person is required by a risk management plan agreed to or established under section 56 or 58 to do a thing on or in any place, the risk management official may order any person who owns, occupies or has the charge, management or control of the place to permit access to the place for the purpose of doing the thing.  2006, c. 22, s. 80 (1). Same (2) A risk management inspector who has authority under this Part to require that a thing be done on or in any place also has authority to order any person who owns, occupies or has the charge, management or control of the place to permit access to the place for the purpose of doing the thing.  2006, c. 22, s. 80 (2).
81 Each risk management official shall annually prepare and submit to the appropriate source protection authority in accordance with the regulations a report that summarizes the actions taken by the risk management official and risk management inspectors under this Part.  2006, c. 22, s. 81. part v   other matters
82 For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from the protection provided for the existing aboriginal and treaty rights of the aboriginal peoples of Canada as recognized and affirmed in section 35 of the Constitution Act, 1982.  2006, c. 22, s. 82.
83 The Minister may establish one or more advisory committees to provide advice to the Minister on any matter relating to the use of the Great Lakes as a source of drinking water.  2006, c. 22, s. 83.
84 (1) The Minister may direct a source protection authority, (a)  to prepare and submit to the Minister, in accordance with the direction, a report on any matter relating to the use of the Great Lakes as a source of drinking water; or (b)  to assist another source protection authority in preparing a report under clause (a).  2006, c. 22, s. 84 (1). Consultation (2) In preparing a report under this section, the source protection authority shall consult with all of the municipalities in which any part of the authority’s source protection area is located and with such other persons or bodies as are specified by the Minister.  2006, c. 22, s. 84 (2).
85 (1) The Minister may establish targets relating to the use of the Great Lakes as a source of drinking water for one or more source protection areas that contribute water to the Great Lakes.  2006, c. 22, s. 85 (1). Same (2) Targets may be established under subsection (1) respecting the quality or quantity of water.  2006, c. 22, s. 85 (2). Division of target among source protection areas (3) If the Minister establishes a target under subsection (1) for a group of source protection areas, the Minister may direct the source protection authorities for those source protection areas to jointly establish, in accordance with the direction, a target for each of the source protection areas.  2006, c. 22, s. 85 (3). Same (4) If the source protection authorities fail to jointly establish a target for each of the source protection areas under subsection (3), the Minister may establish a target for each source protection area.  2006, c. 22, s. 85 (4). Same (5) If the Minister is of the opinion that a target established for a source protection area under subsection (3) is not appropriate, the Minister may establish the target for that area.  2006, c. 22, s. 85 (5). Reports (6) If a target is established for a source protection area under this section, the Minister may direct the source protection authority for the source protection area to prepare and submit to the Minister, in accordance with the direction, (a)  a report that recommends policies that should be set out in the source protection plan for the source protection area to assist in achieving the target; (b)  a report that recommends other steps that should be taken to assist in achieving the target; or (c)  a report that recommends, (i)  policies that should be set out in the source protection plan for the source protection area to assist in achieving the target, and (ii)  other steps that should be taken to assist in achieving the target.  2006, c. 22, s. 85 (6). Consultation (7) In preparing a report under subsection (6), the source protection authority shall consult with all of the municipalities in which any part of the authority’s source protection area is located and with such other persons or bodies as are specified by the Minister.  2006, c. 22, s. 85 (7). Environmental Bill of Rights, 1993 (8) A target established under this section is a policy for the purpose of the Environmental Bill of Rights, 1993.  2006, c. 22, s. 85 (8).
86 (1) A municipality in which any part of a source protection area is located shall co-operate with the source protection authority and source protection committee for the source protection area, with other municipalities in which any part of the source protection area is located, and with ministries of the Government of Ontario in addressing issues that affect the quality or quantity of any water that is or may be used as a source of drinking water.  2006, c. 22, s. 86 (1). Same (2) Without limiting the generality of subsection (1), a municipality shall, on request, for a purpose listed in subsection (3), (a)  provide a source protection authority, source protection committee, municipality or ministry with copies of any document or other record in the possession or control of the municipality that relates to the quality or quantity of any water that is or may be used as a source of drinking water, including, (i)  any technical or scientific studies undertaken by or on behalf of the municipality, and (ii)  any document or other record relating to a drinking water threat; and (b)  assist a source protection authority, source protection committee, municipality or ministry in obtaining information.  2006, c. 22, s. 86 (2). Purposes (3) The purposes referred to in subsection (2) are: 1.  The preparation, amendment, updating or reviewing of terms of reference, an assessment report or a source protection plan under this Act. 2.  The preparation of a report under this Act.  2006, c. 22, s. 86 (3).
87 (1) On request, a person or body listed in subsection (2) shall, for a purpose listed in subsection (3), provide a source protection authority, source protection committee, municipality or ministry with copies of any document or other record in the possession or control of the person or body that relates to the quality or quantity of any water that is or may be used as a source of drinking water, including, (a)  any technical or scientific studies undertaken by or on behalf of the person or body; and (b)  any document or other record relating to a drinking water threat.  2006, c. 22, s. 87 (1). Persons and bodies (2) The persons and bodies referred to in subsection (1) are: 1.  A local board. 2.  A ministry, board, commission or agency of the Government of Ontario. 3.  A designated administrative authority within the meaning of the Safety and Consumer Statutes Administration Act, 1996 that is prescribed by the regulations.  2006, c. 22, s. 87 (2). Purposes (3) The purposes referred to in subsection (1) are: 1.  The preparation, amendment, updating or reviewing of terms of reference, an assessment report or a source protection plan under this Act. 2.  The preparation of a report under this Act.  2006, c. 22, s. 87 (3). Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 11, s. 45 - no effect - see 2020, c. 14, Sched. 8, s. 21 - 14/07/2020
89 (1) A person who has authority to enter property under section 62 or 88 shall immediately notify the Ministry in accordance with the regulations if, (a)  the person becomes aware that a substance is being discharged or is about to be discharged into the raw water supply of, (i)  an existing municipal drinking water system that serves a major residential development, or (ii)  any other existing drinking water system that was considered or is required to be considered in an assessment report or source protection plan; and (b)  the person is of the opinion that, as a result of the discharge, an imminent drinking water health hazard exists.  2006, c. 22, s. 89 (1). Notice of Director’s response (2) The Director shall, within 30 days after receiving a notice under subsection (1), give written notice of any action taken by the Ministry to, (a)  the source protection authority, if the notice under subsection (1) was given by an employee or agent of a source protection authority; or (b)  the municipality, if the notice under subsection (1) was given by an employee or agent of a municipality.  2006, c. 22, s. 89 (2). Section Amendments with date in force (d/m/y) CTS 30 JA 08 - 1
90 No person shall hinder or obstruct any of the following persons in the exercise or performance of his or her powers or duties under this Act: 1.  A person who has authority to enter property or do any other thing under section 62, 66 or 88. 2.  Any other person prescribed by the regulations.  2006, c. 22, s. 90.
91 (1) No person shall orally, in writing or electronically give or submit false or misleading information in any statement or document to the Minister, the Director, an employee or agent of a source protection authority or municipality, a risk management official or a risk management inspector, in respect of any matter related to this Act or the regulations.  2006, c. 22, s. 91 (1). Same (2) No person shall include false or misleading information in any document required to be created, stored or submitted under this Act.  2006, c. 22, s. 91 (2).
92 A municipality or source protection authority may, for the purpose of implementing a source protection plan, acquire by purchase, lease or otherwise, or, subject to the Expropriations Act, without the consent of the owner, enter upon, take and expropriate and hold any land or interest in land.  2006, c. 22, s. 92.
93 (1) The Minister may in writing delegate any of his or her powers or duties under this Act to an employee in the Ministry specified in the delegation, other than the power to make a regulation under this Act.  2006, c. 22, s. 93 (1); 2006, c. 35, Sched. C, s. 16 (3). Same (2) A reference in this Act or the regulations to the Minister shall, for the purpose of a delegation under subsection (1), be deemed to be a reference to the delegate.  2006, c. 22, s. 93 (2). Section Amendments with date in force (d/m/y) 2006, c. 35, Sched. C, s. 16 (3) - 20/08/2007
94 The Minister may in writing extend the time for doing anything required under this Act, before or after the time for doing the thing has expired.  2006, c. 22, s. 94.
95 (1) The Statutory Powers Procedure Act does not apply to anything done under this Act other than a proceeding before the Tribunal. 2006, c. 22, s. 95 (1). Not an undertaking (2) For greater certainty, a source protection plan is not an undertaking as defined in subsection 1 (1) of the Environmental Assessment Act, but that Act continues to apply within the source protection area. 2006, c. 22, s. 95 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 95 (2) of the Act is repealed. (See: 2020, c. 18, Sched. 6, s. 48) Not a regulation (3) A source protection plan and an order made under subsection 41 (2) are not regulations within the meaning of Part III of the Legislation Act, 2006. 2006, c. 22, ss. 95 (3), 116 (4). Section Amendments with date in force (d/m/y) 2006, c. 22, s. 116 (4)
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96 (1) The authority to make an order under this Act includes the authority to require the person or entity to whom the order is issued to take any intermediate actions or procedural steps, specified in the order, that are related to the action required or prohibited by the order.  2006, c. 22, s. 96 (1). Directions (2) For greater certainty, where a section in this Act gives a person the power to give directions and the section does not expressly provide the authority to amend or revoke a direction, the section shall be interpreted as including the authority to do so.  2006, c. 22, s. 96 (2).
97 (1) A program to be known in English as the Ontario Drinking Water Stewardship Program and in French as Programme ontarien d’intendance de l’eau potable is hereby established.  2006, c. 22, s. 97 (1). Purpose (2) The purpose of the program is to provide financial assistance in accordance with the regulations to, (a)  persons whose activities or properties are affected by this Act; (b)  persons and bodies who administer incentive programs and education and outreach programs that are related to source protection plans; and (c)  other persons and bodies, in circumstances specified in the regulations that are related to the protection of existing or future sources of drinking water.  2006, c. 22, s. 97 (2).
98 (1) No cause of action arises as a direct or indirect result of, (a)  the enactment or repeal of any provision of this Act; (b)  the making or revocation of any provision of the regulations made under this Act; (c)  anything done or not done by a source protection committee, source protection authority, municipality or local board, by a minister, ministry, board, commission or agency of the Government of Ontario, or by the Director, in accordance with Part I, II or III; or (d)  anything done or not done by a risk management official under section 56.  2006, c. 22, s. 98 (1). No remedy (2) No costs, compensation or damages are owing or payable to any person and no remedy, including but not limited to a remedy in contract, restitution, tort or trust, is available to any person in connection with anything referred to in clause (1) (a), (b), (c) or (d).  2006, c. 22, s. 98 (2). Proceedings barred (3) No proceeding, including but not limited to any proceeding in contract, restitution, tort or trust, that is directly or indirectly based on or related to anything referred to in clause (1) (a), (b), (c) or (d) may be brought or maintained against any person.  2006, c. 22, s. 98 (3). Same (4) Subsection (3) applies regardless of whether the cause of action on which the proceeding is purportedly based arose before or after that subsection comes into force.  2006, c. 22, s. 98 (4). Proceedings set aside (5) Any proceeding referred to in subsection (3) commenced before the day that subsection comes into force shall be deemed to have been dismissed, without costs, on the day that subsection comes into force.  2006, c. 22, s. 98 (5). No expropriation or injurious affection (6) Nothing done or not done in accordance with this Act or the regulations, other than an expropriation under section 92, constitutes an expropriation or injurious affection for the purposes of the Expropriations Act or otherwise at law.  2006, c. 22, s. 98 (6). Person defined (7) In this section, “person” includes, but is not limited to, the Crown and its employees and agents, members of the Executive Council, and source protection authorities, source protection committees, municipalities, municipal planning authorities and planning boards and their employees and agents.  2006, c. 22, s. 98 (7).
99 (1) This section applies to powers granted and duties imposed by this Part or by Part IV, other than section 56, on the following persons: 1.  Risk management officials. 2.  Risk management inspectors. 3.  Employees or agents of municipalities, local boards or source protection authorities. 4.  Employees or agents of a ministry, board, commission or agency of the Government of Ontario.  2006, c. 22, s. 99 (1). Same (2) No action or other proceeding shall be instituted against a person referred to in subsection (1) for any act done in good faith in the execution or intended execution of any power or duty to which this section applies or for any alleged neglect or default in the execution in good faith of that power or duty.  2006, c. 22, s. 99 (2). Same (3) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (2) does not relieve the employer or principal of the person referred to in subsection (1) of liability in respect of a tort committed by the person referred to in subsection (1) to which the employer or principal would otherwise be subject and the employer or principal is liable for any such tort as if subsection (2) were not enacted.  2006, c. 22, s. 99 (3); 2019, c. 7, Sched. 17, s. 50. Section Amendments with date in force (d/m/y) 2019, c. 7, Sched. 17, s. 50 - 01/07/2019
100 (1) A document, other than an offence notice or summons, that is to be given or served under this Act is sufficiently given or served if it is, (a)  delivered personally; (b)  sent by mail addressed to the person to whom delivery or service is required to be made at the latest address for the person that appears on the records of the person or body giving or serving the document; (c)  sent by fax to the latest fax number for the person to whom delivery or service is required to be made that appears on the records of the person or body giving or serving the document; or (d)  given or served in accordance with the regulations respecting service.  2006, c. 22, s. 100 (1). Service deemed made (2) If service is made by mail, the service shall be deemed to be made on the fifth day after the day of mailing, unless the person on whom service is being made establishes that the person did not, acting in good faith, through absence, accident, illness or other cause beyond the person’s control, receive the document until a later date.  2006, c. 22, s. 100 (2). Same (3) If service is made by fax, the service shall be deemed to be made on the day after the day the fax is sent, unless the person on whom service is being made establishes that the person did not, acting in good faith, through absence, accident, illness or other cause beyond the person’s control, receive the faxed document until a later date.  2006, c. 22, s. 100 (3).
101 (1) Service of an offence notice or summons on a municipality may be effected by delivering the offence notice or summons personally to the mayor, warden, reeve or other chief officer of the municipality or to the clerk of the municipality.  2006, c. 22, s. 101 (1). Service on other corporations (2) Service of an offence notice or summons on a corporation other than a municipality may be effected by delivering the offence notice or summons personally to the manager, secretary or other officer of the corporation or to a person apparently in charge of a branch office of the corporation.  2006, c. 22, s. 101 (2). Service on partnership (3) Service of an offence notice or summons on a partnership may be effected by delivering the offence notice or summons personally to a partner or to a person apparently in charge of an office of the partnership.  2006, c. 22, s. 101 (3). Service on a sole proprietorship (4) Service of an offence notice or summons on a sole proprietorship may be effected by delivering it personally to the sole proprietor or to a person apparently in charge of an office of the sole proprietorship.  2006, c. 22, s. 101 (4). Substituted service (5) On application without notice, a justice, on being satisfied that service cannot be made effectively in accordance with subsections (1) to (4), may by order authorize another method of service that has a reasonable likelihood of coming to the attention of the municipality, other corporation, partnership or sole proprietorship.  2006, c. 22, s. 101 (5).
102 A copy of a document that purports to be certified by the Minister, the Director or a risk management official as a copy of any of the following documents shall be received in evidence as proof, in the absence of evidence to the contrary, of the document and of the facts certified, without proof of the signature or office of the person who signed the certification: 1.  A source protection plan in respect of which notice has been published under section 30. 2.  An assessment report that has been approved by the Director. 3.  An order issued under Part IV. 4.  A risk management plan that has been agreed to or established under section 56 or 58.  2006, c. 22, s. 102.
103 (1) A document described in subsection (2) that purports to be signed by the Minister, the Director, a risk management official or a risk management inspector shall be received in evidence in any proceeding as proof, in the absence of evidence to the contrary, of the facts stated in the document without proof of the signature or position of the person appearing to have signed the document.  2006, c. 22, s. 103 (1). Application (2) This section applies to the following documents: 1.  A certificate as to service of a notice given under Part IV. 2.  A certificate as to whether or not any document or notice was received or issued by the Minister, the Director, a risk management official or a risk management inspector. 3.  A certificate as to the custody of any book, record or report or as to the custody of any other document.  2006, c. 22, s. 103 (2).
104 This Act binds the Crown.  2006, c. 22, s. 104.
105 (1) If there is a conflict between a provision of this Act and a provision of another Act or a regulation or instrument made, issued or otherwise created under another Act with respect to a matter that affects or has the potential to affect the quality or quantity of any water that is or may be used as a source of drinking water, the provision that provides the greatest protection to the quality and quantity of the water prevails.  2006, c. 22, s. 105 (1). Nutrient Management Act, 2002 (2) Despite subsection (1), if there is a conflict between a provision of this Act and a provision of the Nutrient Management Act, 2002 or a regulation or instrument made, issued or otherwise created under that Act, the provision of this Act prevails.  2006, c. 22, s. 105 (2).
107 (1) The Director may make rules establishing requirements relating to risk assessments, risk management plans and any matter that is authorized or required to be included in an assessment report.  2006, c. 22, s. 107 (1). Examples (2) Without limiting the generality of subsection (1), a rule may, (a)  require vulnerable areas to be identified and their boundaries determined or mapped in accordance with the rules; (b)  require drinking water threats to be identified in accordance with the rules; (c)  require risk assessments to be prepared in accordance with the rules; (d)  require significant drinking water threats to be identified in accordance with the rules; or (e)  require risk management plans to be prepared in accordance with the rules, including requiring a risk management plan to be prepared to achieve standards set out in the rules.  2006, c. 22, s. 107 (2). Coming into force (3) A rule comes into force when a notice of the making of the rule is published on the environmental registry established under the Environmental Bill of Rights, 1993 or on such later date as may be specified in the rule.  2006, c. 22, s. 107 (3). Not a regulation (4) A rule is not a regulation within the meaning of Part III of the Legislation Act, 2006.  2006, c. 22, ss. 107 (4), 116 (5). Conflict with regulations (5) If a rule conflicts with the regulations, the regulations prevail.  2006, c. 22, s. 107 (5). Section Amendments with date in force (d/m/y) 2006, c. 22, s. 116 (5)
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