jswizzle3737/ontario_laws_and_regs huggingface dataset:
30 (1) A person who is served with an order under section 29 may require a hearing by mailing or delivering to the Minister, within 15 days after service of the order, a written request for a hearing that includes a statement of the reasons for requesting the hearing.  2007, c. 6, s. 30 (1). Appointment of hearing officer (2) If the Minister receives a request for a hearing in accordance with subsection (1), the Minister shall appoint a hearing officer to hold the hearing.  2007, c. 6, s. 30 (2). No stay of order (3) The requirement for the hearing does not stay the order.  2007, c. 6, s. 30 (3). Parties (4) The person who required the hearing and such other persons as the hearing officer may specify are parties to the hearing.  2007, c. 6, s. 30 (4). Minister entitled to be heard (5) The Minister is entitled to be heard at the hearing.  2007, c. 6, s. 30 (5). Procedure (6) Sections 5.1, 5.2, 6 to 15.1, 16, 21, 21.1, 22 and 23 of the Statutory Powers Procedure Act apply, with necessary modifications, to the hearing.  2007, c. 6, s. 30 (6). Report (7) After the hearing, the hearing officer shall issue a report to the Minister that contains, (a)  a summary of the evidence presented at the hearing; (b)  the hearing officer’s opinion on the merits of the order and the hearing officer’s recommendations; and (c)  the reasons for the hearing officer’s opinion and recommendations.  2007, c. 6, s. 30 (7). Minister’s decision (8) After considering the hearing officer’s report, the Minister may, (a)  confirm the order; (b)  amend the order; or (c)  revoke the order.  2007, c. 6, s. 30 (8). Notice of decision (9) The Minister shall give notice of his or her decision under subsection (8) and a copy of the hearing officer’s report to the parties to the hearing.  2007, c. 6, s. 30 (9).
31 (1) An enforcement officer may arrest without warrant a person that he or she has reasonable grounds to believe is committing, has committed or is about to commit an offence under this Act.  2007, c. 6, s. 31 (1). Release by enforcement officer (2) If an enforcement officer arrests a person under this section, he or she shall, as soon as practicable, release the person from custody, unless the officer has reasonable grounds to believe that, (a)  it is necessary in the public interest for the person arrested to be detained, having regard to all the circumstances, including the need to, (i)  establish the identity of the person, (ii)  secure or preserve evidence of or relating to the offence, or (iii)  prevent the continuation or repetition of the offence or the commission of another offence; or (b)  the person arrested, if released, will not respond to a summons or offence notice or will not appear in court.  2007, c. 6, s. 31 (2). Person not released (3) Subsections 149 (2) and (3) and section 150 of the Provincial Offences Act apply if the person arrested is not released under subsection (2).  2007, c. 6, s. 31 (3).
32 An enforcement officer may use as much force as is necessary to exercise any of his or her powers under this Act.  2007, c. 6, s. 32.
33 An enforcement officer who has the power to enter any land, building or other place under this Act, and any person authorized under this Act to accompany the enforcement officer, may enter and pass through other private property for the purpose of reaching the land, building or other place.  2007, c. 6, s. 33.
34 The Minister may, for the purpose of investigations and other law enforcement activities under this Act, exempt an enforcement officer from the application of any provision of this Act, subject to such conditions as the Minister considers necessary.  2007, c. 6, s. 34.
35 A person shall not, (a)  knowingly make a false or misleading statement to an enforcement officer who is acting under this Act; or (b)  otherwise obstruct an enforcement officer who is acting under this Act.  2007, c. 6, s. 35. Offences and Penalties
36 (1) A person is guilty of an offence if the person contravenes any of the following provisions: 1.  Subsection 9 (1), 10 (1), 24 (2) or 26 (5), section 35, or subsection 49 (1) or (2). 2.  Any provision of an agreement entered into under section 16, 16.1 or 19, if the agreement authorizes a person to engage in an activity that would otherwise be prohibited by section 9 or 10. 3.  Any provision of a permit issued under section 17 or 19. 4.  Any provision of an order made under section 27, 27.1, 28 or 41. 5.  Any provision of the regulations. 2007, c. 6, s. 36 (1); 2019, c. 9, Sched. 5, s. 26. Attempts (2) A person who attempts to do anything that would be an offence under this Act is guilty of that offence.  2007, c. 6, s. 36 (2). Section Amendments with date in force (d/m/y) 2019, c. 9, Sched. 5, s. 26 (1-3) - 01/07/2019
37 If a corporation commits an offence under this Act, an officer, director, employee or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is party to and guilty of the offence and is liable on conviction to the punishment provided for the offence, whether or not the corporation has been prosecuted for the offence.  2007, c. 6, s. 37.
38 In a prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the defendant acting in the course of employment or agency, whether or not the employee or agent is identified or has been prosecuted for the offence, unless the defendant establishes that, (a)  the offence was committed without the knowledge of the defendant; and (b)  the offence was committed without the consent of the defendant.  2007, c. 6, s. 38.
39 A person shall not be convicted of an offence under this Act if the person establishes that, (a)  the person exercised all due diligence to prevent the commission of the offence; or (b)  the person honestly and reasonably believed in the existence of facts that, if true, would render the person’s conduct innocent.  2007, c. 6, s. 39.
40 (1) A person convicted of an offence under this Act is liable, (a)  in the case of a first offence under this Act, (i)  to a fine of not more than $1,000,000, in the case of a corporation, or (ii)  to a fine of not more than $250,000 or to imprisonment for a term of not more than one year, or to both, in the case of any other person; and (b)  in the case of a second or subsequent offence under this Act, (i)  to a fine of not more than $2,000,000, in the case of a corporation, or (ii)  to a fine of not more than $500,000 or to imprisonment for a term of not more than one year, or to both, in the case of any other person.  2007, c. 6, s. 40 (1). More than one animal, plant, etc. (2) Despite subsection (1), if an offence involves more than one animal, plant or other organism, the maximum fine that may be imposed is the amount that would otherwise apply under subsection (1), multiplied by the number of animals, plants and other organisms that are involved.  2007, c. 6, s. 40 (2). Monetary benefit (3) The court that convicts a person of an offence under this Act, in addition to any other penalty imposed by the court, may increase a fine imposed on the person by an amount equal to the amount of the monetary benefit that was acquired by or that accrued to the person as a result of the commission of the offence, despite the maximum fine specified in subsection (1) or (2).  2007, c. 6, s. 40 (3).
41 (1) The court that convicts a person of an offence under this Act may, in addition to imposing a fine or imprisonment, make any of the following orders against the person: 1.  An order not to engage in any activity that could, in the opinion of the court, result in the continuation or repetition of the offence. 2.  An order to take any action that the court considers appropriate to remedy or avoid any harm to a species that resulted or may result from the commission of the offence, including action to rehabilitate habitat damaged or destroyed by the offence. 3.  An order to pay the Government of Ontario or any other person for all or part of any costs incurred to remedy or avoid any harm to a species that resulted or may result from the commission of the offence, including action to rehabilitate habitat damaged or destroyed by the offence. 4.  An order to pay any person an amount for the purpose of assisting in the protection or recovery of the species in respect of which the offence was committed. 5.  An order to take such other steps as are specified in the order to comply with this Act. 6.  An order to pay all or part of any expenses incurred by the Minister or any other person with respect to the seizure, storage or disposition of any thing seized in connection with the offence.  2007, c. 6, s. 41 (1). Compliance with order (2) A person shall comply with an order made under this section.  2007, c. 6, s. 41 (2). Failure to comply (3) If a person fails to comply with an order to take action under paragraph 2 of subsection (1), the Minister may take such action as he or she considers appropriate to implement the order, and any cost or expense incurred by the Minister is a debt due to the Crown and may be recovered by the Minister in a court of competent jurisdiction in an action against the person.  2007, c. 6, s. 41 (3).
42 The Crown may, by notice to the clerk of the Ontario Court of Justice, require that a provincial judge preside over a prosecution for an offence under this Act.  2007, c. 6, s. 42.
43 A prosecution for an offence under this Act shall not be commenced more than five years after the offence was committed.  2007, c. 6, s. 43.
44 In a prosecution under this Act, (a)  a living or dead animal, plant or other organism that is not easily distinguishable from a member of a species that is listed on the Species at Risk in Ontario List shall be deemed, in the absence of evidence to the contrary, to be a member of that species; and (b)  a part of a living or dead animal, plant or other organism that is not easily distinguishable from a part of a member of a species that is listed on the Species at Risk in Ontario List shall be deemed, in the absence of evidence to the contrary, to be a part of a member of that species.  2007, c. 6, s. 44.
45 In a prosecution under this Act, a copy of a document or other thing purporting to be certified by an enforcement officer as a true copy of a document or other thing inspected or seized under this Act or Part VIII of the Provincial Offences Act is admissible in evidence as proof, in the absence of evidence to the contrary, of the document or other thing.  2007, c. 6, s. 45. Miscellaneous
46 For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from the protection provided for the existing aboriginal or treaty rights of the aboriginal peoples of Canada as recognized and affirmed in section 35 of the Constitution Act, 1982.  2007, c. 6, s. 46.
47 (1) A program to be known in English as the Species at Risk in Ontario Stewardship Program and in French as Programme d’intendance des espèces en péril en Ontario is hereby established.  2007, c. 6, s. 47 (1). Purpose (2) The purpose of the program is to promote stewardship activities that relate to species listed on the Species at Risk in Ontario List, including, (a)  the preservation and rehabilitation of habitat, and the enhancement of other areas so that they can become habitat; (b)  the implementation of recovery strategies and management plans; (c)  public education and outreach programs relating to stewardship; and (d)  other activities to assist in the protection or recovery of species.  2007, c. 6, s. 47 (2). Grants (3) As part of the program, the Minister may make grants for the purpose described in subsection (2).  2007, c. 6, s. 47 (3).
48 Subject to the approval of the Lieutenant Governor in Council, the Minister may establish a committee to make recommendations to the Minister on any matter specified by the Minister that relates to, (a)  the role, in the administration of this Act, of the precautionary principle, which, as described in the United Nations Convention on Biological Diversity, states that, where there is a threat of significant reduction or loss of biological diversity, lack of full scientific certainty should not be used as a reason for postponing measures to avoid or minimize such a threat; (b)  the development and delivery of incentive programs and stewardship programs, including the Species at Risk in Ontario Stewardship Program; (c)  the development and promotion of best management practices related to the protection and recovery of species; (d)  the development and delivery of public education and outreach programs; (e)  the preparation and implementation of recovery strategies and management plans under sections 11 and 12; (f)  the assembly of scientific information, including community knowledge and aboriginal traditional knowledge, that should be given to COSSARO to assist it in the classification of species; (g)  the role of agreements and permits under this Act in assisting in the protection and recovery of species; (h)  approaches that may be used under this Act to promote sustainable social and economic activities that assist in the protection or recovery of species; (i)  the regulations made under this Act; or (j)  such other matters as the Minister may specify.  2007, c. 6, s. 48.
48.1 The Minister may establish codes of practice, standards or guidelines with respect to the protection of species that are listed on the Species at Risk in Ontario List or their habitat. 2019, c. 9, Sched. 5, s. 27. Section Amendments with date in force (d/m/y) 2019, c. 9, Sched. 5, s. 27 - 01/07/2019
49 (1) A person shall not possess a living or dead animal, plant or other organism, any part of a living or dead animal, plant or other organism, or anything derived from a living or dead animal, plant or other organism, if the thing possessed, or the animal, plant or other organism, (a)  was killed, captured, taken, possessed, collected, transported, bought, sold, leased or traded contrary to a law that is described in subsection (3); or (b)  was removed from another jurisdiction, contrary to a law of that jurisdiction that is described in subsection (3).  2007, c. 6, s. 49 (1). Sale prohibited in other jurisdiction (2) A person shall not buy, sell, lease, trade or offer to buy, sell, lease or trade a living or dead animal, plant or other organism, any part of a living or dead animal, plant or other organism, or anything derived from a living or dead animal, plant or other organism, that has been transported into Ontario if, under a law that is described in subsection (3), the purchase, sale, lease or trade would not be permitted in the jurisdiction from which the animal, plant or other organism was originally exported.  2007, c. 6, s. 49 (2). Applicable laws (3) The laws referred to in subsections (1) and (2) are laws of another jurisdiction that protect animals, plants or other organisms that are extirpated, endangered or threatened in that jurisdiction, or animals, plants or other organisms, however described, that are similarly at risk in that jurisdiction. 2007, c. 6, s. 49 (3). Defence (4) A person shall not be convicted of an offence for contravening subsection (1) or (2) if the person establishes that the person honestly and reasonably believed that the law of the other jurisdiction, (a)  did not prohibit the killing, capturing, taking, possessing, collecting, transporting, buying, selling, leasing or trading, as the case may be, of the thing that the person is alleged to have possessed or the animal, plant or other organism, in the case of a prosecution for contravening clause (1) (a); (b)  did not prohibit the removal from the other jurisdiction of the thing that the person is alleged to have possessed or the animal, plant or other organism, in the case of a prosecution for contravening clause (1) (b); or (c)  permitted the purchase, sale, lease or trade, as the case may be, of the thing that the person is alleged to have bought, sold, leased, traded or offered to buy, sell, lease or trade, in the case of a prosecution for contravening subsection (2).  2007, c. 6, s. 49 (4). Interpretation (5) Subsection 9 (6) applies, with necessary modifications, to the references in this section to animals, plants and other organisms.  2007, c. 6, s. 49 (5).
50 (1) The Minister may establish and charge, (a)  fees related to entering into agreements or issuing permits under this Act; and (b)  fees for the use of facilities, equipment, services or other things provided by the Ministry relating to species listed on the Species at Risk in Ontario List.  2007, c. 6, s. 50 (1). Refund (2) The Minister may direct the refund of all or part of a fee if, in the Minister’s opinion, it is equitable to do so.  2007, c. 6, s. 50 (2). Payment required (3) A person shall pay any fees charged by the Minister under this Act.  2007, c. 6, s. 50 (3).
51 (1) The Minister shall ensure that the following information is made available to the public: 1.  General information about this Act and the regulations. 2.  The most recent information that the Minister has received from COSSARO under subsection 4 (3). 3.  All reports submitted to the Minister by COSSARO under section 6. 4.  All recovery strategies and management plans that have been prepared under sections 11 and 12, and all government response statements published by the Minister under section 12.1. 5.  General information about the implementation of recovery strategies and management plans. 6.  General information about agreements entered into under sections 16, 16.1 and 19 and permits issued under sections 17 and 19. 7.  General information about the enforcement of this Act.  2007, c. 6, s. 51; 2019, c. 9, Sched. 5, s. 28 (1, 2). Publication of COSSARO reports (2) COSSARO reports that are required to be made available to the public under paragraph 3 of subsection (1) shall be made available no later than three months following receipt of the report by the Minister. 2019, c. 9, Sched. 5, s. 28 (3). Section Amendments with date in force (d/m/y) 2019, c. 9, Sched. 5, s. 28 (1-3) - 01/07/2019
52 Nothing in this Act requires the Minister to make information available to the public or otherwise disclose information if doing so could reasonably be expected to lead to a contravention of section 9 or 10.  2007, c. 6, s. 52.
53 The Ministry may, for the purposes of this Act, collect personal information within the meaning of section 38 of the Freedom of Information and Protection of Privacy Act.  2007, c. 6, s. 53.
54 (1) This Act is binding on the Crown.  2007, c. 6, s. 54 (1). Protection and recovery activities (2) Nothing in this Act prohibits any activity engaged in by the Ministry or any other ministry of the government of Ontario to assist in the protection or recovery of species listed on the Species at Risk in Ontario List.  2007, c. 6, s. 54 (2); 2019, c. 9, Sched. 5, s. 29. Section Amendments with date in force (d/m/y) 2019, c. 9, Sched. 5, s. 29 - 01/07/2019
56 (1) Subject to section 57, the Minister may make regulations, (a)  prescribing, for the purpose of clause (a) of the definition of “habitat” in subsection 2 (1), an area as the habitat of a species that is listed on the Species at Risk in Ontario List as an extirpated, endangered or threatened species; (b)  prescribing conditions for the purposes of clause 9 (1.3) (d); (c)  respecting the criteria for entering into a landscape agreement under clause 16.1 (3) (b) including, (i)  prescribing anything that is referred to in clause 16.1 (3) (b) as being prescribed by the regulations, (ii)  excluding geographic areas for the purposes of subclause 16.1 (3) (b) (iii), and (iii)  excluding impacted species for the purposes of subclause 16.1 (3) (b) (iv); (d)  designating species as conservation fund species; (e)  governing species conservation charges including, (i)  prescribing the amount of the charges or the manner of determining the amount of the charges, (ii)  respecting the time and manner of the payment of the charges, (iii)  respecting refunds of charges and authorizing the Agency to pay such refunds out of the Fund; (f)  respecting the contents of a report required under subsection 20.16 (4); (g)  respecting the manner in which reports may be made available to the public for the purposes of section 20.17. 2019, c. 9, Sched. 5, s. 30. Consideration of recovery strategy, etc. (2) Before a regulation is made under clause (1) (a) prescribing an area as the habitat of a species, the Minister shall consider any recovery strategy that has been prepared for the species under section 11 and any government response statement that has been published under subsection 12.1 (1) with respect to the recovery strategy. 2019, c. 9, Sched. 5, s. 30. Description of habitat (3) Without limiting the generality of clause (1) (a), a regulation under that clause prescribing an area as the habitat of a species, (a)  may describe the area by, (i)  describing specific boundaries for the area, (ii)  describing features of the area, or (iii)  describing the area in any other manner; (b)  may prescribe areas where the species lives, used to live or is believed to be capable of living; and (c)  may prescribe an area that is larger or smaller than the area described by clause (b) of the definition of “habitat” in subsection 2 (1). 2019, c. 9, Sched. 5, s. 30. Section Amendments with date in force (d/m/y) 2019, c. 9, Sched. 5, s. 30 - 01/07/2019
57 (1) Before a regulation is made under subsection 9 (1.2), clause 55 (1) (b), subsection 55 (3) or clause 56 (1) (a) that would apply to a species that is listed on the Species at Risk in Ontario List as an endangered or threatened species, the Minister shall consider whether the proposed regulation is likely to jeopardize the survival of the species in Ontario or to have any other significant adverse effect on the species. 2019, c. 9, Sched. 5, s. 30. Requirements for making certain regulations (2) If the Minister is of the opinion that a proposed regulation is likely to jeopardize the survival of a species that is listed on the Species at Risk in Ontario List as an endangered or threatened species, or to have any other significant adverse effect on the species, the Minister shall not make the regulation under subsection 9 (1.2) or clause 56 (1) (a) or recommend that the regulation be made by the Lieutenant Governor in Council under clause 55 (1) (b) or subsection 55 (3), as the case may be, unless the following requirements have been satisfied: 1.  The Minister is of the opinion that the proposed regulation will not result in the species no longer living in the wild in Ontario. 2.  The Minister has considered alternatives to the proposed regulation including, i.  entering into one or more agreements under section 16 or 16.1 or issuing one or more permits under section 17, or ii.  making a different regulation. 3.  The Minister has considered any government response statement published under section 12.1 with respect to the species. 4.  The Minister has given notice of the proposal for the regulation to the public under section 16 of the Environmental Bill of Rights, 1993 at least two months before the day the regulation is made and the notice shall, i.  set out the Minister’s opinion on whether the regulation will jeopardize the survival of the species in Ontario or have any other significant adverse effect on the species, ii.  state that the Minister is of the opinion that the regulation will not result in the species no longer living in the wild in Ontario, iii.  give the Minister’s reasons for the opinions in subparagraphs i and ii, iv.  set out the alternatives to the proposed regulation that were considered by the Minister under paragraph 2, v.  set out the reasons for making the proposed regulation, including any significant social or economic benefit to Ontario, and vi.  set out steps that could be taken to minimize any adverse effects of the proposed regulation in individual members of the species. 2019, c. 9, Sched. 5, s. 30. Section Amendments with date in force (d/m/y) 2019, c. 9, Sched. 5, s. 30 - 01/07/2019