jswizzle3737/ontario_laws_and_regs huggingface dataset:
77 (1) The minister shall investigate all matters to the extent that the minister considers necessary in relation to a contravention alleged in an application.  1993, c. 28, s. 77 (1). Same (2) Nothing in this section requires a minister to conduct an investigation in relation to a contravention alleged in an application if the minister considers that, (a)  the application is frivolous or vexatious; (b)  the alleged contravention is not serious enough to warrant an investigation; or (c)  the alleged contravention is not likely to cause harm to the environment.  1993, c. 28, s. 77 (2). Same (3) Nothing in this section requires a minister to duplicate an ongoing or completed investigation.  1993, c. 28, s. 77 (3).
78 (1) If the minister decides that an investigation is not required under section 77, the minister shall give notice of the decision, together with a brief statement of the reasons for the decision, to, (a)  the applicants; (b)  each person alleged in the application to have been involved in the commission of the contravention for whom an address is given in the application; and (c)  the Auditor General.  1993, c. 28, s. 78 (1); 2018, c. 17, Sched. 15, s. 10. Same (2) A minister need not give notice under subsection (1) if an investigation in relation to the contravention alleged in the application is ongoing apart from the application.  1993, c. 28, s. 78 (2). Same (3) A notice under subsection (1) shall be given within sixty days of receiving the application for investigation.  1993, c. 28, s. 78 (3). Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 15, s. 10 - 01/04/2019
79 (1) Within 120 days of receiving an application for an investigation in respect of which no notice is given under section 78, the minister shall either complete the investigation or give the applicants a written estimate of the time required to complete it.  1993, c. 28, s. 79 (1). Same (2) Within the time given in an estimate under subsection (1), the minister shall either complete the investigation or give the applicants a revised written estimate of the time required to complete it.  1993, c. 28, s. 79 (2). Same (3) Subsection (2) applies to a revised estimate given under subsection (2) as if it were an estimate given under subsection (1).  1993, c. 28, s. 79 (3).
80 (1) Within thirty days of completing an investigation, the minister shall give notice of the outcome of the investigation to the persons mentioned in clauses 78 (1) (a) to (c).  1993, c. 28, s. 80 (1). Same (2) The notice referred to in subsection (1) shall state what action, if any, the minister has taken or proposes to take as a result of the investigation.  1993, c. 28, s. 80 (2).
81 A notice under section 78 or 80 shall not disclose the names or addresses of the applicants or any other personal information about them.  1993, c. 28, s. 81. PART VI   RIGHT TO SUE Harm to a Public Resource
82 In this Part, “court” means the Superior Court of Justice but does not include the Small Claims Court; (“tribunal”) “public land” means land that belongs to, (a)  the Crown in right of Ontario, (b)  a municipality, or (c)  a conservation authority, but does not include land that is leased from a person referred to in clauses (a) to (c) and that is used for agricultural purposes; (“terre publique”) “public resource” means, (a)  air, (b)  water, not including water in a body of water the bed of which is privately owned and on which there is no public right of navigation, (c)  unimproved public land, (d)  any parcel of public land that is larger than five hectares and is used for, (i)  recreation, (ii)  conservation, (iii)  resource extraction, (iv)  resource management, or (v)  a purpose similar to one mentioned in subclauses (i) to (iv), and (e)  any plant life, animal life or ecological system associated with any air, water or land described in clauses (a) to (d). (“ressource publique”)  1993, c. 28, s. 82; 2001, c. 9, Sched. G, s. 4 (1); 2002, c. 17, Sched F, Table. Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. G, s. 4 (1) - 29/06/2001 2002, c. 17, Sched. F, Table - 01/01/2003
83 Sections 84 to 102 apply only in respect of a contravention of an Act, regulation or instrument that occurs after the Act, regulation or instrument is prescribed for the purposes of Part V.  1993, c. 28, s. 83.
84 (1) Where a person has contravened or will imminently contravene an Act, regulation or instrument prescribed for the purposes of Part V and the actual or imminent contravention has caused or will imminently cause significant harm to a public resource of Ontario, any person resident in Ontario may bring an action against the person in the court in respect of the harm and is entitled to judgment if successful.  1993, c. 28, s. 84 (1). Steps before action: application for investigation (2) Despite subsection (1), an action may not be brought under this section in respect of an actual contravention unless the plaintiff has applied for an investigation into the contravention under Part V and, (a)  has not received one of the responses required under sections 78 to 80 within a reasonable time; or (b)  has received a response under sections 78 to 80 that is not reasonable.  1993, c. 28, s. 84 (2). Same (3) In making a decision as to whether a response was given within a reasonable time for the purposes of clause (2) (a), the court shall consider but is not bound by the times specified in sections 78 to 80.  1993, c. 28, s. 84 (3). Steps before action: farm practices (4) Despite subsection (1), an action may not be brought under this section in respect of actual or imminent harm to a public resource of Ontario from odour, noise or dust resulting from an agricultural operation unless the plaintiff has applied to the Farm Practices Protection Board under section 5 of the Farm Practices Protection Act with respect to the odour, noise or dust and the Farm Practices Protection Board has disposed of the application.  1993, c. 28, s. 84 (4). Same (5) A person seeking to bring an action under this section in respect of harm from odour, noise or dust resulting from an agricultural operation is a person aggrieved by the odour, noise or dust within the meaning of subsection 5 (1) of the Farm Practices Protection Act.  1993, c. 28, s. 84 (5). When steps before action need not be taken (6) Subsections (2) and (4) do not apply where the delay involved in complying with them would result in significant harm or serious risk of significant harm to a public resource.  1993, c. 28, s. 84 (6). Action not a class proceeding (7) An action under section 84 may not be commenced or maintained as a class proceeding under the Class Proceedings Act, 1992.  1993, c. 28, s. 84 (7). Burden of proof: contravention (8) The onus is on the plaintiff in an action under this section to prove the contravention or imminent contravention on a balance of probabilities.  1993, c. 28, s. 84 (8). Other rights of action not affected (9) This section shall not be interpreted to limit any other right to bring or maintain a proceeding.  1993, c. 28, s. 84 (9). Rules of court (10) The rules of court apply to an action under this section.  1993, c. 28, s. 84 (10).
85 (1) For the purposes of section 84, an Act, regulation or instrument is not contravened if the defendant satisfies the court that the defendant exercised due diligence in complying with the Act, regulation or instrument.  1993, c. 28, s. 85 (1). Same (2) For the purposes of section 84, an Act, regulation or instrument is not contravened if the defendant satisfies the court that the act or omission alleged to be a contravention of the Act, regulation or instrument is authorized by an Act of Ontario or Canada or by a regulation or instrument under an Act of Ontario or Canada.  1993, c. 28, s. 85 (2). Same (3) For the purposes of section 84, an instrument is not contravened if the defendant satisfies the court that the defendant complied with an interpretation of the instrument that the court considers reasonable.  1993, c. 28, s. 85 (3). Same (4) This section shall not be interpreted to limit any defence otherwise available.  1993, c. 28, s. 85 (4).
86 (1) The plaintiff in an action under section 84 shall serve the statement of claim on the Attorney General not later than ten days after the day on which the statement of claim is served on the first defendant served in the action.  1993, c. 28, s. 86 (1). Right of Attorney General (2) The Attorney General is entitled to present evidence and make submissions to the court in the action, to appeal from a judgment in the action and to present evidence and make submissions in an appeal from a judgment in the action.  1993, c. 28, s. 86 (2).
87 (1) The plaintiff shall give notice of the action to the public in the registry and by any other means ordered by the court.  1993, c. 28, s. 87 (1). Same (2) The plaintiff shall give notice in the registry under subsection (1) by delivering the notice to the Environment Minister who shall promptly place it on the registry.  1993, c. 28, s. 87 (2); 2018, c. 17, Sched. 15, s. 11. Same (3) Within thirty days after the close of pleadings, the plaintiff shall make a motion to the court for directions relating to the notice under this section, including directions as to when the notice should be given.  1993, c. 28, s. 87 (3). Same (4) The notice shall include any information prescribed by the regulations under this Act and any information required by the court.  1993, c. 28, s. 87 (4). Same (5) The court may require a party other than the plaintiff to give the notice.  1993, c. 28, s. 87 (5). Costs (6) The court may make any order for the costs of the notice that the court considers appropriate.  1993, c. 28, s. 87 (6). Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 15, s. 11 - 01/04/2019
88 (1) At any time in the action, the court may order any party to give any notice that the court considers necessary to provide fair and adequate representation of the private and public interests, including governmental interests, involved in the action.  1993, c. 28, s. 88 (1). Same (2) The court may make any order relating to the notice, including an order for the costs of the notice, that the court considers appropriate.  1993, c. 28, s. 88 (2).
89 (1) In order to provide fair and adequate representation of the private and public interests, including governmental interests, involved in the action, the court may permit any person to participate in the action, as a party or otherwise.  1993, c. 28, s. 89 (1). Same (2) Participation under subsection (1) shall be in the manner and on the terms, including terms as to costs, that the court considers appropriate.  1993, c. 28, s. 89 (2). Same (3) No order shall be made under subsection (1) in an action after the court has made an order under section 93 in the action.  1993, c. 28, s. 89 (3). Same (4) This section shall not be interpreted to limit the orders a court may make under the rules of court or otherwise.  1993, c. 28, s. 89 (4).
90 (1) The court may stay or dismiss the action if to do so would be in the public interest.  1993, c. 28, s. 90 (1). Same (2) In making a decision under subsection (1), the court may have regard to environmental, economic and social concerns and may consider, (a)  whether the issues raised by the proceeding would be better resolved by another process; (b)  whether there is an adequate government plan to address the public interest issues raised by the proceeding; and (c)  any other relevant matter.  1993, c. 28, s. 90 (2).
91 (1) An action under section 84 may be discontinued or abandoned only with the approval of the court, on the terms that the court considers appropriate.  1993, c. 28, s. 91 (1). Settlement without court approval (2) A settlement of an action under section 84 is not binding unless approved by the court.  1993, c. 28, s. 91 (2). Effect of settlement (3) A settlement of an action under section 84 that is approved by the court binds all past, present and future residents of Ontario.  1993, c. 28, s. 91 (3). Notice: dismissal, discontinuance, abandonment or settlement (4) In considering whether to dismiss an action under section 84 without a finding as to whether the plaintiff was entitled to judgment, whether for delay, for public interest reasons or for any other reason, or in considering whether to approve a discontinuance, abandonment or settlement of the action, the court shall consider whether notice should be given under section 88.  1993, c. 28, s. 91 (4).
92 In exercising its discretion under the rules of court as to whether to dispense with an undertaking by the plaintiff to pay damages caused by an interlocutory injunction or mandatory order, the court may consider any special circumstance, including whether the action is a test case or raises a novel point of law.  1993, c. 28, s. 92.
93 (1) If the court finds that the plaintiff is entitled to judgment in an action under section 84, the court may, (a)  grant an injunction against the contravention; (b)  order the parties to negotiate a restoration plan in respect of harm to the public resource resulting from the contravention and to report to the court on the negotiations within a fixed time; (c)  grant declaratory relief; and (d)  make any other order, including an order as to costs, that the court considers appropriate.  1993, c. 28, s. 93 (1). Damages (2) No award of damages shall be made under subsection (1).  1993, c. 28, s. 93 (2). Farm practices (3) No order shall be made under this section that is inconsistent with the Farm Practices Protection Act.  1993, c. 28, s. 93 (3).
94 The court shall not order the parties to negotiate a restoration plan if the court determines that, (a)  adequate restoration has already been achieved; or (b)  an adequate restoration plan has already been ordered under the law of Ontario or any other jurisdiction.  1993, c. 28, s. 94.
95 (1) This section applies to restoration plans negotiated by the parties and to restoration plans developed by the court under section 98.  1993, c. 28, s. 95 (1). Restoration plans: purposes (2) A restoration plan in respect of harm to a public resource resulting from a contravention shall, to the extent that to do so is reasonable, practical and ecologically sound, provide for, (a)  the prevention, diminution or elimination of the harm; (b)  the restoration of all forms of life, physical conditions, the natural environment and other things associated with the public resource affected by the contravention; and (c)  the restoration of all uses, including enjoyment, of the public resource affected by the contravention.  1993, c. 28, s. 95 (2). Same (3) A restoration plan may include provisions to address harm to a public resource in ways not directly connected with the public resource, including, (a)  research into and development of technologies to prevent, decrease or eliminate harm to the environment; (b)  community, education or health programs; and (c)  the transfer of property by the defendant so that the property becomes a public resource.  1993, c. 28, s. 95 (3). Same (4) A provision under subsection (3) shall be included in a restoration plan only with the consent of the defendant.  1993, c. 28, s. 95 (4). Same (5) A provision under clause (3) (c) shall be included in a restoration plan only with the consent of the defendant and the transferee.  1993, c. 28, s. 95 (5). Restoration plan: provisions for implementation (6) A restoration plan may include provisions for monitoring progress under the plan and for overseeing its implementation.  1993, c. 28, s. 95 (6). Restoration plans: considerations (7) When negotiating or developing a restoration plan in respect of harm, the negotiating parties or the court, as the case may be, shall consider, (a)  any orders under the law of Ontario or any other jurisdiction dealing with the harm; and (b)  whether, apart from the restoration plan, the harm has been addressed in the ways described in subsection (2).  1993, c. 28, s. 95 (7). Restoration plans: payments (8) A restoration plan may provide for money to be paid by the defendant only if, (a)  the money is to be paid to the Minister of Finance; (b)  the money is to be used only for the purposes mentioned in subsections (2) and (3); and (c)  the Attorney General and the defendant consent to the provision.  1993, c. 28, s. 95 (8).
96 If the court orders the parties to negotiate a restoration plan, the court may, (a)  make any interim order that the court considers appropriate to minimize the harm; and (b)  make any order that the court considers appropriate, (i)  for the costs of the negotiations, (ii)  requiring a party to prepare an initial draft restoration plan for use in the negotiations, (iii)  respecting the participation of non-parties in the negotiations, and (iv)  respecting the negotiation process, including, on consent of the parties, an order concerning the use of a mediator, fact finder or arbitrator.  1993, c. 28, s. 96.
97 (1) If the parties agree on a restoration plan within the time fixed by the court under clause 93 (1) (b) and the court is satisfied that the terms of the plan are consistent with section 95, the court shall order the defendant to comply with the plan.  1993, c. 28, s. 97 (1). Same (2) For the purpose of determining whether an agreed plan is consistent with section 95, the court may, (a)  appoint one or more experts under the rules of court; and (b)  on consent of the parties, hear submissions or receive reports from any mediator, fact finder or arbitrator involved in the negotiation.  1993, c. 28, s. 97 (2).
98 (1) If the parties do not agree on a restoration plan or if the court is not satisfied that a plan agreed to by the parties is consistent with section 95, the court shall develop a restoration plan consistent with section 95 and, for the purpose, the court may, (a)  order the parties to engage in further negotiations for a restoration plan on the terms that the court considers appropriate; (b)  order one or more parties to prepare a draft restoration plan; (c)  appoint one or more persons to investigate and report back on any matter relevant to the development of a restoration plan; (d)  appoint one or more non-parties to prepare a draft restoration plan; and (e)  make any other order that the court considers appropriate.  1993, c. 28, s. 98 (1). Same (2) The rules of court respecting court appointed experts apply with necessary modifications to the appointment of a person under clause (1) (c) or (d).  1993, c. 28, s. 98 (2). Order to implement (3) The court shall order the defendant to comply with the restoration plan developed by the court.  1993, c. 28, s. 98 (3).
99 (1) The doctrines of cause of action estoppel and issue estoppel apply in relation to an action under section 84 as if all past, present and future residents of Ontario were parties to the action.  1993, c. 28, s. 99 (1). Exception (2) Subsection (1) does not apply where an action under section 84 has been discontinued, abandoned or dismissed without a finding as to whether the plaintiff was entitled to judgment.  1993, c. 28, s. 99 (2).
100 In exercising its discretion under subsection 131 (1) of the Courts of Justice Act with respect to costs of an action under section 84 of this Act, the court may consider any special circumstance, including whether the action is a test case or raises a novel point of law.  1993, c. 28, s. 100.
101 The delivery of a notice of appeal from an order under this Act does not stay the operation of the order, but a judge of the court to which a motion for leave to appeal has been made or to which an appeal has been taken may order a stay on terms that the judge considers appropriate.  1993, c. 28, s. 101.
102 (1) No person shall bring an action under section 84 in respect of a contravention that caused harm after the earliest of, (a)  the second anniversary of the day on which the person bringing the action first knew, (i)  that the harm had occurred, (ii)  that the harm was caused by the contravention, (iii)  that the contravention was that of the person against whom the action is brought, and (iv)  that, having regard to the nature of the harm, an action under section 84 would be an appropriate means to seek to address it; (b)  the second anniversary of the day on which a reasonable person with the abilities and in the circumstances of the person seeking to bring the action first ought to have known of the matters referred to in clause (a); and (c)  the second anniversary of the day on which public notice of an action in respect of the contravention and the harm was given under section 87.  1993, c. 28, s. 102 (1). Same (2) Despite subsection (1), if clause (1) (a) or (b) applies to establish the limitation period under subsection (1), a person may bring the action after the end of that period, to the extent permitted by subsections (3) and (4).  1993, c. 28, s. 102 (2). Same (3) If the person bringing the action applied under section 74 for an investigation of the contravention before the end of the period established under subsection (1) by the application of clause (1) (a) or (b), the person may bring the action within 120 days after the day on which the person received a notice under section 78 or 80 in respect of the contravention.  1993, c. 28, s. 102 (3). Same (4) If the person bringing the action applied under section 5 of the Farm Practices Protection Act with respect to the harm before the end of the period established under subsection (1) by the application of clause (1) (a) or (b), the person may bring the action within 120 days after the day on which the Farm Practices Protection Board disposed of the application.  1993, c. 28, s. 102 (4). Same (5) For greater certainty, a limitation period established under this section conflicts with and is in place of any limitation period set out in the Limitations Act, 2002.  2002, c. 24, Sched. B, s. 34. Same (6) Subsection 19 (5) of the Limitations Act, 2002 does not apply to postpone or suspend a limitation period established under subsection (1) by the application of clause (1) (c).  2002, c. 24, Sched. B, s. 34. Section Amendments with date in force (d/m/y) 2002, c. 24, Sched. B, s. 34 - 01/01/2004 Public Nuisance Causing Environmental Harm
103 (1) No person who has suffered or may suffer a direct economic loss or direct personal injury as a result of a public nuisance that caused harm to the environment shall be barred from bringing an action without the consent of the Attorney General in respect of the loss or injury only because the person has suffered or may suffer direct economic loss or direct personal injury of the same kind or to the same degree as other persons.  1993, c. 28, s. 103 (1). Farm practices (2) Subsection (1) shall not be interpreted to limit a right or defence available under the Farm Practices Protection Act.  1993, c. 28, s. 103 (2). PART VII   EMPLOYER REPRISALS
104 In this Part, “Board” means the Ontario Labour Relations Board.  1993, c. 28, s. 104.
105 (1) Any person may file a written complaint with the Board alleging that an employer has taken reprisals against an employee on a prohibited ground.  1993, c. 28, s. 105 (1). Reprisals (2) For the purposes of this Part, an employer has taken reprisals against an employee if the employer has dismissed, disciplined, penalized, coerced, intimidated or harassed, or attempted to coerce, intimidate or harass, the employee.  1993, c. 28, s. 105 (2). Prohibited grounds (3) For the purposes of this Part, an employer has taken reprisals on a prohibited ground if the employer has taken reprisals because the employee in good faith did or may do any of the following: 1.  Participate in decision-making about a ministry statement of environmental values, a policy, an Act, a regulation or an instrument as provided in Part II. 2.  Apply for a review under Part IV. 3.  Apply for an investigation under Part V. 4.  Comply with or seek the enforcement of a prescribed Act, regulation or instrument. 5.  Give information to an appropriate authority for the purposes of an investigation, review or hearing related to a prescribed policy, Act, regulation or instrument. 6.  Give evidence in a proceeding under this Act or under a prescribed Act.  1993, c. 28, s. 105 (3).
106 The Board may authorize a labour relations officer to inquire into a complaint.  1993, c. 28, s. 106.
107 A labour relations officer authorized to inquire into a complaint shall make the inquiry as soon as reasonably possible, shall endeavour to effect a settlement of the matter complained of and shall report the results of the inquiry and endeavours to the Board.  1993, c. 28, s. 107.
108 If a labour relations officer is unable to effect a settlement of the matter complained of, or if the Board in its discretion dispenses with an inquiry by a labour relations officer, the Board may inquire into the complaint.  1993, c. 28, s. 108.
109 In an inquiry under section 108, the onus is on the employer to prove that the employer did not take reprisals on a prohibited ground.  1993, c. 28, s. 109.
110 (1) If the Board, after inquiring into the complaint, is satisfied that the employer has taken reprisals on a prohibited ground, the Board shall determine what, if anything, the employer shall do or refrain from doing about the reprisals.  1993, c. 28, s. 110 (1). Same (2) A determination under subsection (1) may include, but is not limited to, one or more of, (a)  an order directing the employer to cease doing the act or acts complained of; (b)  an order directing the employer to rectify the act or acts complained of; or (c)  an order directing the employer to reinstate in employment or hire the employee, with or without compensation, or to compensate instead of hiring or reinstatement for loss of earnings or other employment benefits in an amount assessed by the Board against the employer.  1993, c. 28, s. 110 (2).
111 A determination under section 110 applies despite a provision of an agreement to the contrary.  1993, c. 28, s. 111.
112 If the employer fails to comply with a term of the determination under section 110 within fourteen days from the date of the release of the determination by the Board or from the date provided in the determination for compliance, whichever is later, the complainant may notify the Board in writing of the failure.  1993, c. 28, s. 112.
113 If the Board receives notice in accordance with section 112, the Board shall file a copy of its determination, without its reasons, with the Superior Court of Justice, and the determination may be enforced as if it were an order of the court.  1993, c. 28, s. 113; 2001, c. 9, Sched. G, s. 4 (2). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. G, s. 4 (2) - 29/06/2011
114 (1) If a complaint under section 105 has been settled, whether through the endeavours of the labour relations officer or otherwise, and the settlement has been put in writing and signed, a party to the settlement may file a written complaint with the Board alleging that another party to the settlement has failed to comply with the settlement.  1993, c. 28, s. 114 (1). Same (2) Sections 106 to 108 and 110 to 113 and subsection (1) apply with necessary modifications with respect to a complaint alleging failure to comply with a settlement.  1993, c. 28, s. 114 (2).
115 For the purposes of sections 105 to 114, an act that is performed on behalf of the employer shall be deemed to be the act of the employer.  1993, c. 28, s. 115.
116 (1) The provisions of the Labour Relations Act, 1995 and the regulations under it relating to powers, practices and procedures of the Board apply with necessary modifications to an inquiry by the Board into a complaint under section 105 or 114.  1993, c. 28, s. 116 (1); 2006, c. 19, Sched. K, s. 1 (1). Application of provisions of Labour Relations Act, 1995 (2) Sections 114, 116, 117 and 118 of the Labour Relations Act, 1995 apply with necessary modifications to an inquiry by the Board into a complaint under section 105 or 114.  1993, c. 28, s. 116 (2); 2006, c. 19, Sched. K, s. 1 (2). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. K, s. 1 (1, 2) - 22/06/2006 PART VIII   GENERAL
117 A minister may authorize in writing any person or group of persons to exercise any of the minister’s powers or duties under this Act.  1993, c. 28, s. 117.
118 (1) Except as provided in section 84 and subsection (2) of this section, no action, decision, failure to take action or failure to make a decision by a minister or his or her delegate under this Act shall be reviewed in any court.  1993, c. 28, s. 118 (1). Exception (2) Any person resident in Ontario may make an application for judicial review under the Judicial Review Procedure Act
on the grounds that a minister or his or her delegate failed in a fundamental way to comply with the requirements of Part II respecting a proposal for an instrument.  1993, c. 28, s. 118 (2). Same (3) An application under subsection (2) shall not be made later than twenty-one days after the day on which the minister gives notice under section 36 of a decision on the proposal.  1993, c. 28, s. 118 (3).
119 (1) Except in the case of an application for judicial review under section 118, no proceeding for damages or otherwise shall be commenced against a minister, a deputy minister or an employee in a ministry 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 any duty or authority under this Act.  1993, c. 28, s. 119 (1); 2006, c. 35, Sched. C, s. 35 (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 any person mentioned in subsection (1) to which it would otherwise be subject, and the Crown is liable under that Act for any such tort as if subsection (1) had not been enacted. 2019, c. 7, Sched. 17, s. 67. Section Amendments with date in force (d/m/y) 2006, c. 35, Sched. C, s. 35 (2) - 20/08/2007 2009, c. 33, Sched. 15, s. 4 (1) - 15/12/2009 2019, c. 7, Sched. 17, s. 67 - 01/07/2019
120 This Act binds the Crown.  1993, c. 28, s. 120.