jswizzle3737/ontario_laws_and_regs huggingface dataset:
15.1.3 (1) If there is a change in circumstances or new information concerning the approval of a class environmental assessment listed in section 15 and if the Minister considers it appropriate to do so, he or she may reconsider the approval under this section. 2020, c. 18, Sched. 6, s. 21 (1). Same (2) The Minister may request the Tribunal to determine whether it is appropriate to reconsider the approval. 2020, c. 18, Sched. 6, s. 21 (1). Same (3) The Minister may refer the reconsideration of the approval of a class environmental assessment under this section to the Tribunal and, in that case, the Tribunal may conduct the reconsideration instead of the Minister. 2020, c. 18, Sched. 6, s. 21 (1). Minister may require plans, etc. (4) For the purposes of making a decision under this section, the Minister or the Tribunal may, by order, require a person given approval in respect of a class environmental assessment to provide plans, specifications, technical reports or other information and to carry out and report on tests or experiments. 2020, c. 18, Sched. 6, s. 21 (1). Amendment, revocation (5) After reconsidering an approval under this section, the Minister or Tribunal may amend or revoke the approval. 2020, c. 18, Sched. 6, s. 21 (1). Rules, etc. (6) A decision under this section shall be made in accordance with any rules and subject to any restrictions as may be prescribed. 2020, c. 18, Sched. 6, s. 21 (1). Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 21 (1) - 21/07/2020; 2020, c. 18, Sched. 6, s. 26 - not in force
15.1.4 The Lieutenant Governor in Council may by regulation amend or revoke an approval of a class environmental assessment or amend an approved class environmental assessment. 2020, c. 18, Sched. 6, s. 22. Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 22 - 01/01/2022; 2020, c. 18, Sched. 6, s. 26 - not in force
15.2 (1) This section applies if an approved class environmental assessment provides that only certain proponents or classes of proponents may proceed with undertakings in accordance with it.  1996, c. 27, s. 3. Regulations (2) The Lieutenant Governor in Council may, by regulation, authorize additional proponents or classes of proponents to proceed with undertakings in accordance with a specified class environmental assessment, may impose conditions on the proponents’ doing so and may vary the class environmental assessment as it applies to those proponents.  1996, c. 27, s. 3. Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2020, c. 18, Sched. 6, s. 26 - not in force
15.4 (1) The Minister may amend an approved class environmental assessment in accordance with this section. 2019, c. 9, Sched. 6, s. 5. Notice and comment (2) When the Minister is considering amending an approved class environmental assessment under this section, the Minister shall ensure that adequate public notice of the proposed amendment is provided and that members of the public have an opportunity to comment on it. 2019, c. 9, Sched. 6, s. 5; 2020, c. 18, Sched. 6, s. 24. Approval (3) The Minister may amend an approved class environmental assessment if the Minister is satisfied that the amendments are consistent with the purpose of this Act and the public interest. 2019, c. 9, Sched. 6, s. 5. Reasons (4) When amending or refusing to amend an approved class environmental assessment, the Minister shall give written reasons to the person given approval in respect of the class environmental assessment under section 9 and to any other persons the Minister considers advisable. 2019, c. 9, Sched. 6, s. 5. Administrative amendments (5) The Director may amend an approved class environmental assessment to make one or more of the following administrative changes: 1.  Correcting errors that are editorial or typographical in nature. 2.  Updating references to an Act or regulation, or provisions or other portions of an Act or regulation. 3.  Updating references to bodies, offices, persons, places, names, titles, locations, website or addresses. 4.  Clarifying the existing text of the class environmental assessment. 2019, c. 9, Sched. 6, s. 5. Own initiative (6) The Minister or Director may amend an approved class environmental assessment on the Minister’s or Director’s own initiative. 2019, c. 9, Sched. 6, s. 5. Commencement of amendment (7) An amendment to an approved class environmental assessment, whether by the Minister or the Director, comes into effect upon publication of a notice of the amendment in the registry under the Environmental Bill of Rights, 1993. 2019, c. 9, Sched. 6, s. 5. Section prevails (8) Amendments to approved class environmental assessments must be made in accordance with this section despite any amendment processes that may be set out in those class environmental assessments or any conditions set out in an approval given under section 9. 2019, c. 9, Sched. 6, s. 5. Section Amendments with date in force (d/m/y) 2019, c. 9, Sched. 6, s. 5 - 06/06/2019 2020, c. 18, Sched. 6, s. 24 - 21/07/2020; 2020, c. 18, Sched. 6, s. 26 - not in force
17 (1) A class environmental assessment approved by the Minister before this Part comes into force shall be deemed to have been approved under this Part and to have been valid from the date on which it was approved.  1996, c. 27, s. 3. Same (2) A class environmental assessment approved by the Minister before this Part comes into force shall be deemed to comply with this Part.  1996, c. 27, s. 3. Same (3) Section 16 applies with respect to an undertaking commenced after this Part comes into force that is proceeding in accordance with a class environmental assessment approved by the Minister before this Part comes into force.  1996, c. 27, s. 3. Same (4) Section 12.4 applies with necessary modifications with respect to a class environmental assessment.  1996, c. 27, s. 3. Transition: amendments to class environmental assessments (5) An amendment to a class environmental assessment made before section 15.4 comes into force shall be deemed to have been approved under that section and to have been valid from the date on which it was amended. 2019, c. 9, Sched. 6, s. 7 (1). Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2019, c. 9, Sched. 6, s. 7 (1) - 06/06/2019; 2019, c. 9, Sched. 6, s. 7 (2) - no effect - see 2020, c. 18, Sched. 6, s. 60 (2) - 21/07/2020 2020, c. 18, Sched. 6, s. 26 - not in force Note: On a day to be named by proclamation of the Lieutenant Governor, Part II.2 of the Act is repealed. (See: 2020, c. 18, Sched. 6, s. 28) PART II.2 
MUNICIPAL WASTE DISPOSAL
18 This Part applies to proceedings before the Tribunal under this Act.  2000, c. 26, Sched. F, s. 11 (5). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. F, s. 11 (5) - 06/12/2000
19 (1) The parties to a proceeding with respect to an application are the proponent or applicant, any person who under subsection 7.2 (3) requests the Minister to refer the application to the Tribunal, such other persons as the Tribunal considers have an interest in the application and such other persons as the Tribunal may specify having regard to the purpose of this Act.  2000, c. 26, Sched. F, s. 11 (5). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 19 (1) of the Act is amended by striking out “subsection 7.2 (3)” and substituting “subsection 17.13 (3)”. (See: 2020, c. 18, Sched. 6, s. 31) Public notice of hearing (2) The Tribunal shall give notice of its hearing to the public in such manner as the Minister may direct and to such other persons as the Minister may require.  2000, c. 26, Sched. F, s. 11 (5). Minister entitled to take part in proceedings (3) The Minister is entitled, by counsel or otherwise, to take part in proceedings before the Tribunal.  2000, c. 26, Sched. F, s. 11 (5). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. F, s. 11 (5) - 06/12/2000 2020, c. 18, Sched. 6, s. 31 - not in force
20 (1) The Tribunal may render a decision without a hearing and may do so even though a matter is referred for hearing and decision.  2000, c. 26, Sched. F, s. 11 (5). Validity of decision (2) A decision of the Tribunal is not invalid solely on the ground that a matter was not addressed by testimony at a hearing.  2000, c. 26, Sched. F, s. 11 (5). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. F, s. 11 (5) - 06/12/2000 21 Repealed: 2021, c. 4, Sched. 6, s. 44 (3). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. F, s. 11 (5) - 06/12/2000 2021, c. 4, Sched. 6, s. 44 (3) - 01/06/2021
22 The Tribunal shall give a copy of its decision on an application to the Minister, the parties, each person who submits comments under subsection 7.2 (2) and the clerk of each municipality in which the undertaking is to be carried out.  2000, c. 26, Sched. F, s. 11 (5); 2021, c. 4, Sched. 6, s. 44 (4). Note: On a day to be named by proclamation of the Lieutenant Governor, section 22 of the Act is amended by striking out “subsection 7.2 (2)” and substituting “subsection 17.13 (2)” and by striking out “undertaking” and substituting “project”. (See: 2020, c. 18, Sched. 6, s. 32) Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. F, s. 11 (5) - 06/12/2000 2020, c. 18, Sched. 6, s. 32 - not in force 2021, c. 4, Sched. 6, s. 44 (4) - 01/06/2021
23 Except as otherwise provided in this Act, the Statutory Powers Procedure Act applies to the proceedings of the Tribunal.  2000, c. 26, Sched. F, s. 11 (5). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. F, s. 11 (5) - 06/12/2000
23.1 Subject to section 11.2, a decision of the Tribunal is final and not subject to appeal, and a decision of the Tribunal shall not be altered or set aside in an application for judicial review or in any other proceeding unless the decision is patently unreasonable.  2000, c. 26, Sched. F, s. 11 (5). Note: On a day to be named by proclamation of the Lieutenant Governor, section 23.1 of the Act is amended by striking out “Subject to section 11.2” at the beginning and substituting “Subject to section 17.22”. (See: 2020, c. 18, Sched. 6, s. 33) Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. F, s. 11 (5) - 06/12/2000 2020, c. 18, Sched. 6, s. 33 - not in force PART IV   PROVINCIAL OFFICERS
24 (1) The Minister may designate in writing one or more public servants employed under Part III of the
Public Service of Ontario Act, 2006 who work in the Ministry or other persons as provincial officers for the purposes of any section or Part of this Act or any regulation or section of any regulation made under this Act that is referred to in the designation and in a designation may limit the authority of a provincial officer in such manner as the Minister considers necessary or advisable.  R.S.O. 1990, c. E.18, s. 24 (1); 2006, c. 35, Sched. C, s. 34 (1). Certificate of designation (2) The Minister shall issue to every provincial officer a certificate of his or her designation and every provincial officer, in the execution of his or her duties under this Act and the regulations, shall produce his or her certificate of designation upon request.  R.S.O. 1990, c. E.18, s. 24 (2). Section Amendments with date in force (d/m/y) 2006, c. 35, Sched. C, s. 34 (1) - 20/08/2007
25 (1) Where a provincial officer has reasonable grounds for believing that it is necessary, for the purpose of the administration of this Act and the regulations, he or she may, upon production of his or her certificate of designation, enter at any reasonable time any building, other than a dwelling, or any structure, machine, vehicle, land, water or air and make or require to be made such surveys, examinations, investigations, tests and inquiries, as he or she considers necessary for such purpose, including examinations of books, records and documents and may make, take and remove or may require to be made, taken or removed samples, copies or extracts.  R.S.O. 1990, c. E.18, s. 25 (1); 2020, c. 18, Sched. 6, s. 34. Order authorizing (2) Where a justice of the peace is satisfied, upon an application made without notice by a provincial officer, that there is reasonable ground for believing that it is necessary to enter any building, including a dwelling, structure, machine, vehicle, land, water or air for the administration of this Act or the regulations, the justice of the peace may issue an order authorizing a provincial officer to enter therein or thereon and to make or require to be made such surveys, examinations, investigations, tests and inquiries and to take the other actions mentioned in subsection (1) but every such entry, survey, examination, investigation, test, inquiry and other such action shall be made or taken between sunrise and sunset unless the justice of the peace authorizes the provincial officer, by the order, to so act at another time.  R.S.O. 1990, c. E.18, s. 25 (2); 2009, c. 33, Sched. 15, s. 3 (1). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 15, s. 3 (1) - 15/12/2009 2020, c. 18, Sched. 6, s. 34 - 21/07/2020
26 No person shall hinder or obstruct a provincial officer in the lawful performance of his or her duties or knowingly furnish a provincial officer with false information or refuse to furnish him or her with information required for the purposes of this Act and the regulations.  R.S.O. 1990, c. E.18, s. 26.
27 (1) Every provincial officer shall preserve secrecy in respect of all matters that come to his or her knowledge in the course of any survey, examination, test or inquiry under this Act or the regulations and shall not communicate any such matter to any person except, (a)  as may be required in connection with the administration of this Act and the regulations or any proceedings under this Act or the regulations; (b)  to his or her counsel; or (c)  with the consent of the person to whom the information relates.  R.S.O. 1990, c. E.18, s. 27 (1); 2009, c. 33, Sched. 15, s. 3 (2). Idem (2) Except in a proceeding under this Act or the regulations, no provincial officer shall be required to give testimony in any civil suit or proceeding with regard to information obtained by him or her in the course of any survey, examination, test or inquiry under this Act or the regulations.  R.S.O. 1990, c. E.18, s. 27 (2); 2009, c. 33, Sched. 15, s. 3 (2). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 15, s. 3 (2) - 15/12/2009 PART V   ADMINISTRATION
27.1 The Minister may issue policy guidelines concerning the protection, conservation and wise management of the environment and the Tribunal shall consider the guidelines in making decisions under this Act.  1996, c. 27, s. 7; 2000, c. 26, Sched. F, s. 11 (6). Section Amendments with date in force (d/m/y) 1996, c. 27, s. 7 - 01/01/1997 2000, c. 26, Sched. F, s. 11 (6) - 06/12/2000
28 The Minister, in addition to any other remedy and to any penalty imposed by law, may apply to the Divisional Court for an order, (a)  enjoining any act to proceed with an undertaking contrary to this Act; or Note: On a day to be named by proclamation of the Lieutenant Governor, clause 28 (a) of the Act is amended by striking out “an undertaking” and substituting “an undertaking or a designated project”. (See: 2020, c. 18, Sched. 6, s. 35 (1)) Note: On a day to be named by proclamation of the Lieutenant Governor, clause 28 (a) of the Act is amended by striking out “an undertaking or”. (See: 2020, c. 18, Sched. 6, s. 35 (2)) (b)  invalidating any document issued contrary to subsection 12.2 (2) or (6) or 15.1.2 (2) or (6), Note: On a day to be named by proclamation of the Lieutenant Governor, clause 28 (b) of the Act is amended by striking out “subsection 12.2 (2) or (6) or 15.1.2 (2) or (6)” at the end and substituting “subsection 15.1.2 (2) or (6), 17.27 (2) or (6) or 17.30 (2) or (6)”. (See: 2020, c. 18, Sched. 6, s. 35 (4)) Note: On a day to be named by proclamation of the Lieutenant Governor, clause 28 (b) of the Act is amended by striking out “15.1.2 (2) or (6)”. (See: 2020, c. 18, Sched. 6, s. 35 (5)) and the court may make the order on such conditions as the court considers proper.  R.S.O. 1990, c. E.18, s. 28; 1996, c. 27, s. 8; 2000, c. 26, Sched. E, s. 2 (8); 2020, c. 18, Sched. 6, s. 35 (3). Section Amendments with date in force (d/m/y) 1996, c. 27, s. 8 - 01/01/1997 2000, c. 26, Sched. E, s. 2 (8) - 06/12/2000 2020, c. 18, Sched. 6, s. 35 (1, 2, 4, 5) - not in force; 2020, c. 18, Sched. 6, s. 35 (3) - 21/07/2020 29 Repealed:  1996, c. 27, s. 9. Section Amendments with date in force (d/m/y) 1996, c. 27, s. 9 - 01/01/1997
30 (1) The Director shall maintain a record for every undertaking in respect of which an application is submitted under Part II.  1996, c. 27, s. 10 (1); 2020, c. 18, Sched. 6, s. 36 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 30 (1) of the Act is repealed and the following substituted: (See: 2020, c. 18, Sched. 6, s. 36 (2)) Record (1) The Director shall maintain a record for every project in respect of which an application is submitted under Part II.3. 2020, c. 18, Sched. 6, s. 36 (2). Same (1.1) The record consists of the following documents: 1.  The proposed and the approved terms of reference. 2.  The environmental assessment. 3.  The Ministry review of the environmental assessment. 4.  All comments submitted under subsections 6.4 (2) and 7.2 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 4 of subsection 30 (1.1) of the Act is amended by striking out “subsections 6.4 (2) and 7.2 (2)” at the end and substituting “subsections 17.9 (2) and 17.13 (2)”. (See: 2020, c. 18, Sched. 6, s. 36 (4)) 5.  All decisions of the Director, the Minister and the Tribunal in relation to the application, together with the reasons for the decisions. 6.  All notices given in respect of the application. 7.  Such other documents as the Director or Minister considers appropriate.  1996, c. 27, s. 10 (1); 2000, c. 26, Sched. F, s. 11 (6); 2020, c. 18, Sched. 6, s. 36 (3). Same (2) The Director shall maintain a record for the following matters: 1.  A proposed order under section 3.1. 2.  A proposed declaration under section 3.2. 3.  An undertaking in respect of which an order under section 16 is proposed.  1996, c. 27, s. 10 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 3 of subsection 30 (2) of the Act is repealed and the following substituted: (See: 2020, c. 18, Sched. 6, s. 36 (5)) 3.  An undertaking in respect of which an order under section 16 is proposed or a Part II.4 project in respect of which an order under section 17.31 is proposed. Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 3 of subsection 30 (2) of the Act is repealed and the following substituted: (See: 2020, c. 18, Sched. 6, s. 36 (6)) 3.  A Part II.4 project in respect of which an order under section 17.31 is proposed. Inspection (3) Upon request, the Director shall make available on a website or in such other manner as the Director considers appropriate any record referred to in this section including any document that forms part of the record and shall make a document available as soon as practicable after a document is issued or received. 2020, c. 18, Sched. 6, s. 36 (7). Section Amendments with date in force (d/m/y) 1996, c. 27, s. 10 (1, 2) - 01/01/1997 2000, c. 26, Sched. F, s. 11 (6) - 06/12/2000 2020, c. 18, Sched. 6, s. 36 (1, 3, 7) - 21/07/2020; 2020, c. 18, Sched. 6, s. 36 (2, 4-6) - not in force
31.1 (1) The Minister may appoint one or more employees in the Ministry to act as Director under this Act.  1996, c. 27, s. 12. Same, classes of employee (2) The Minister may appoint the members of one or more classes of employees in the Ministry to act as Director under this Act.  1996, c. 27, s. 12. Restrictions (3) The Minister may limit an appointment such that the person appointed may act only under such provisions of this Act or the regulations as may be specified in the appointment and may impose other limitations, conditions and requirements on the appointment.  1996, c. 27, s. 12. Same (4) An appointment must be made in writing.  1996, c. 27, s. 12. Section Amendments with date in force (d/m/y) 1996, c. 27, s. 12 - 01/01/1997
32 (1) No action or other proceeding may be instituted against the following persons for any act done in good faith in the execution or intended execution of any duty or authority under this Act or for any alleged neglect or default in the execution in good faith of such a duty or authority: 1.  Any current or former member of the Executive Council. 2.  Any current or former officer, employee or agent of or adviser to the Crown. 3.  Any current or former mediator appointed under this Act. 4.  Repealed: 2020, c. 18, Sched. 6, s. 38. 2006, c. 35, Sched. C, s. 34 (2); 2009, c. 33, Sched. 2, s. 27; 2020, c. 18, Sched. 6, s. 38. Exception (1.1) Subsection (1) does not apply in the case of an application for judicial review or an action or proceeding that is specifically provided for under this or any other Act with respect to a person referred to in that subsection.  2006, c. 35, Sched. C, s. 34 (2). Crown not relieved of liability (2) Subsection (1) does not, by reason of subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (1) to which it would otherwise be subject, and the Crown is liable under that Act for any such tort in a like manner as if subsection (1) had not been enacted. 2019, c. 7, Sched. 17, s. 66. Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. F, s. 11 (6) - 06/12/2000 2006, c. 35, Sched. C, s. 34 (2) - 20/08/2007 2009, c. 33, Sched. 2, s. 27 (1, 2) - 15/12/2009 2019, c. 7, Sched. 17, s. 66 - 01/07/2019 2020, c. 18, Sched. 6, s. 38 - 21/07/2020 33 Repealed:  1996, c. 27, s. 13. Section Amendments with date in force (d/m/y) 1996, c. 27, s. 13 - 01/01/1997
34 No person shall knowingly give false information in any application, return or statement made to the Minister, the Tribunal, an employee or appointee of the Tribunal, a provincial officer or any employee in the Ministry in respect of any matter under this Act or the regulations.  R.S.O. 1990, c. E.18, s. 34; 2000, c. 26, Sched. F, s. 11 (6); 2006, c. 35, Sched. C, s. 34 (3). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. F, s. 11 (6) - 06/12/2000 2006, c. 35, Sched. C, s. 34 (3) - 20/08/2007
35 In any prosecution, proceeding or hearing under this Act or the regulations, the production of, (a)  a certificate or report of an analyst in the employ of the Crown in right of Ontario designated by the Minister as to the analysis, ingredients, quality, quantity or temperature of any material, whether solid, liquid or gas or any combination of them; or (b)  any document under this Act purporting to be signed by the Minister, a delegate of the Minister, a Director or by or for the Tribunal, or any certified copy thereof, is proof, in the absence of evidence to the contrary, of the facts stated therein and of the authority of the person making the document without any proof of appointment or signature.  R.S.O. 1990, c. E.18, s. 35; 1996, c. 27, s. 14; 2000, c. 26, Sched. F, s. 11 (6). Section Amendments with date in force (d/m/y) 1996, c. 27, s. 14 - 01/01/1997 2000, c. 26, Sched. F, s. 11 (6) - 06/12/2000
36 (1) A document that must be given to a person or served under this Act is sufficiently given or served, (a)  by personal delivery to the person; (b)  using regular mail delivery addressed to the person at the most recent address on the records of the Ministry or the Tribunal, as the case may be; (c)  using any method of mail delivery that permits the delivery to be verified; (d)  by electronic transmission of the document, if the person is equipped to receive such transmissions; (e)  by telephone transmission of a facsimile of the document, if the person is equipped to receive such transmissions.  1996, c. 27, s. 15 (1); 2000, c. 26, Sched. F, s. 11 (6). Deemed receipt, regular mail (2) A document delivered using regular mail delivery shall be deemed to be received on the fifth day after it is mailed.  1996, c. 27, s. 15 (1). Same, electronic or telephone transmission (3) A document delivered by electronic or telephone transmission shall be deemed to be received on the day after it is sent, unless that day is a holiday in which case the document shall be deemed to be received on the next day that is not a holiday.  1996, c. 27, s. 15 (1). Failure to receive document (4) If a person acting in good faith does not, through absence, accident, illness or other cause beyond the person’s control, receive the document until a later date than the deemed day of receipt, subsection (2) or (3), as the case may be, does not apply.  1996, c. 27, s. 15 (1). Inspection of documents (5) The making available by the Director of a copy or reproduction made by any means of a document is compliance with the provisions of this Act authorizing the inspection of the document.  R.S.O. 1990, c. E.18, s. 36 (5); 1996, c. 27, s. 15 (2). Destruction of certain documents (6) Despite any provision of this Act, a document may be destroyed by or under the authority of the Minister when it has been completely recorded or copied and the recording or copy is retained for the purpose of inspection under this section.  R.S.O. 1990, c. E.18, s. 36 (6). Section Amendments with date in force (d/m/y) 1996, c. 27, s. 15 (1, 2) - 01/01/1997 2000, c. 26, Sched. F, s. 11 (6) - 06/12/2000
37 Despite the definition of “municipality” in subsection 1 (1), if a notice or document is required to be given under this Act to the clerk of a municipality, the reference to municipality does not include local boards, as defined in the Municipal Affairs Act, a corporation incorporated by a municipality under sections 9, 10 and 11 of the Municipal Act, 2001 in accordance with section 203 of that Act or a corporation incorporated by the City of Toronto under sections 7 and 8 of the City of Toronto Act, 2006 in accordance with sections 148 and 154 of that Act or a predecessor of those sections in either Act or any other board exercising any power with respect to municipal or school purposes in an unorganized territory or unsurveyed territory.  2006, c. 32, Sched. C, s. 18. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. F, Table - 01/01/2003 2006, c. 32, Sched. C, s. 18 - 01/01/2007
37.1 (1) This section applies if the Minister, the Tribunal or the Director considers it to be impracticable to give a notice or a document personally to any or all of the persons entitled to receive it.  1996, c. 27, s. 16; 2000, c. 26, Sched. F, s. 11 (6). Notices (2) A notice may be given by public advertisement or by such other method as the Minister, the Tribunal or the Director considers appropriate.  1996, c. 27, s. 16; 2000, c. 26, Sched. F, s. 11 (6). Notice of contents of documents (3) Reasonable notice of the contents of a document may be given by public advertisement or such other method as the Minister, the Tribunal or the Director considers appropriate.  1996, c. 27, s. 16; 2000, c. 26, Sched. F, s. 11 (6). Deemed receipt (4) Notice given by public advertisement shall be deemed to be received on the first day on which it is published.  Notice given by another method shall be deemed to be received on the day specified by the Minister, the Tribunal or the Director.  1996, c. 27, s. 16; 2000, c. 26, Sched. F, s. 11 (6). Section Amendments with date in force (d/m/y) 1996, c. 27, s. 16 - 01/01/1997 2000, c. 26, Sched. F, s. 11 (6) - 06/12/2000
37.2 A notice to be given under this Act may be consolidated with a notice under another Act concerning the same or a related matter.  1996, c. 27, s. 16. Section Amendments with date in force (d/m/y) 1996, c. 27, s. 16 - 01/01/1997
38 Every person, whether as principal or agent, or an employee of either of them, who contravenes any provision of this Act or the regulations or fails to comply with an order or a term or condition of an approval issued or given under this Act is guilty of an offence and on conviction is liable on a first conviction to a fine of not more than $10,000 and on a subsequent conviction to a fine of not more than $25,000 for every day or part thereof upon which the offence occurs or continues.  R.S.O. 1990, c. E.18, s. 38. Part V.1   Transition
38.1 (1) The Lieutenant Governor in Council may make regulations governing transitional matters that, in the opinion of the Lieutenant Governor in Council, are necessary or advisable to deal with issues arising out of the amendments to this Act made by Schedule 6 to the COVID-19 Economic Recovery Act, 2020. 2020, c. 18, Sched. 6, s. 39. Same (2) A regulation made under subsection (1) may, without limitation, (a)  provide that specified provisions of this Act or regulations as they read immediately before specified provisions of Schedule 6 to the COVID-19 Economic Recovery Act, 2020 came into force continue to apply to a project despite amendments made by Schedule 6 to the COVID-19 Economic Recovery Act, 2020; (b)  provide that all or part of an approved class environmental assessment continues to apply to a project after the day the approval of the class environmental assessment is revoked; (c)  exempt a designated project from any provision of this Act or the regulations. 2020, c. 18, Sched. 6, s. 39. Conflict (3) A regulation made under this section prevails over any provision of this Act specifically mentioned in the regulation. 2020, c. 18, Sched. 6, s. 39. Retroactive effect (4) A regulation made under this section is, if it so provides, effective with reference to a period before it is filed. 2020, c. 18, Sched. 6, s. 39. Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 39 - 21/07/2020
41 (1) Any regulation may be general or particular in its application, may be limited as to time or place or both and may exclude any place from the application of the regulation.  R.S.O. 1990, c. E.18, s. 41. Same (2) The application of a regulation may be restricted to any class of person, thing, matter or activity.  1996, c. 27, s. 19. Section Amendments with date in force (d/m/y) 1996, c. 27, s. 19 - 01/01/1997
42 (1) A regulation may adopt by reference, in whole or in part, with such changes as the Lieutenant Governor in Council considers necessary, any document, including a code, formula, standard, protocol or procedure, and may require compliance with any document so adopted.  2010, c. 16, Sched. 7, s. 1 (1). Rolling incorporation by reference (1.1) The power to adopt by reference and require compliance with a document in subsection (1) includes the power to adopt a document as it may be amended from time to time.  2010, c. 16, Sched. 7, s. 1 (1). Same (2) The adoption by reference of an amendment to a document comes into effect upon publication of a notice of the amendment in The Ontario Gazette or in the registry under the Environmental Bill of Rights, 1993.  1996, c. 27, s. 20; 2010, c. 16, Sched. 7, s. 1 (2). Section Amendments with date in force (d/m/y) 1996, c. 27, s. 20 - 01/01/1997 2010, c. 16, Sched. 7, s. 1 (1, 2) - 25/10/2010
43 (1) A regulation is not effective with respect to an enterprise or activity that is commenced before the regulation comes into force.  R.S.O. 1990, c. E.18, s. 43 (1). Idem (2) Despite subsection (1), a regulation is effective with respect to, (a)  any major commercial or business enterprise or activity that is commenced after the 16th day of January, 1977 and that is being carried on or is not completed when the regulation comes into force; (b)  a significant change made in any major commercial or business enterprise or activity after the 16th day of January, 1977 and that is being carried on or is not completed before the regulation comes into force; or (c)  any proposal, plan or program in respect of any major commercial or business enterprise or activity or any class of major commercial or business enterprises or activities proposed or made before the coming into force of the regulation whether the proposal, plan or program is proposed or made before or after the 16th day of January, 1977.  R.S.O. 1990, c. E.18, s. 43 (2). Idem (3) Despite subsection (1), a regulation made under clause 39 (f) or (g) is effective whether the enterprise or activity, or class of enterprises or activities, or proposal, plan or program or class of proposals, plans or programs in respect of any of them is commenced, carried on, made or proposed before or after the 20th day of October, 1976.  R.S.O. 1990, c. E.18, s. 43 (3); 1996, c. 27, s. 21. Note: On a day to be named by proclamation of the Lieutenant Governor, section 43 of the Act is repealed. (See: 2020, c. 18, Sched. 6, s. 44) Section Amendments with date in force (d/m/y) 1996, c. 27, s. 21 - 01/01/1997 2020, c. 18, Sched. 6, s. 44 - not in force _______________  Français