139.2 (1) Any person may apply to the Director for approval to rehabilitate a mine hazard on Crown land or on any other prescribed land.  2007, c. 7, Sched. 22, s. 1. Application (2) An application under subsection (1) must be made in the prescribed manner and must contain, (a) a description of the land on which the mine hazard is located; (b) a rehabilitation plan setting out how the rehabilitation will meet the prescribed standards.  2007, c. 7, Sched. 22, s. 1. Determination of application (3) The Director shall review the application and shall determine whether to grant written approval for the rehabilitation of the mine hazard or to reject the application.  2007, c. 7, Sched. 22, s. 1. Conditions (4) The Director may grant approval under subsection (3) subject to any conditions, including conditions that require the applicant to modify the rehabilitation plan.  2007, c. 7, Sched. 22, s. 1. Aboriginal consultation (4.1) In determining whether to grant approval for the rehabilitation of the mine hazard, the Director shall consider whether consultation with Aboriginal communities has occurred in accordance with any prescribed requirements.  2009, c. 21, s. 56; 2022, c. 2, Sched. 10, s. 2. Modifying rehabilitation plan (5) A person who receives approval under subsection (3) may apply to the Director to modify the rehabilitation plan and if the Director permits the modification, the rehabilitation plan shall be modified accordingly.  2007, c. 7, Sched. 22, s. 1. Rehabilitation plan (6) Nothing in subsection (3) requires a person to rehabilitate the mine hazard, but if the person proceeds with the rehabilitation, the person shall rehabilitate the mine hazard in accordance with the rehabilitation plan.  2007, c. 7, Sched. 22, s. 1. No orders (7) On and after the day that a person begins rehabilitation of a mine hazard pursuant to an approval granted under subsection (3), (a) no order or direction under section 7, 8, 18, 43 or 157.1 of the Environmental Protection Act or section 16.1, 16.2, 31, 32 or 61 of the Ontario Water Resources Act shall be issued to the person in respect of the land described in the rehabilitation plan; and (b) no order shall be issued under section 97 of the Environmental Protection Act in respect of a pollutant that spilled on, in or under the lands described in the rehabilitation plan, unless the person conducting the rehabilitation caused or permitted the spill.  2007, c. 7, Sched. 22, s. 1. Orders before rehabilitation (8) Nothing in subsection (7) affects the validity of an order made before the person begins rehabilitation.  2007, c. 7, Sched. 22, s. 1. Acts or omissions unrelated to rehabilitation (9) Despite subsection (7), the orders and directions mentioned in that subsection may be issued to the person in respect of the land described in the rehabilitation plan if the order or direction is in respect of an act or omission of the person that is unrelated to the rehabilitation.  2007, c. 7, Sched. 22, s. 1. Definitions (10) In this section, “pollutant” has the same meaning as in subsection 91 (1) of
Environmental Protection Act; (“polluant”) “spill” has the same meaning as in subsection 91 (1) of Environmental Protection Act. (“déversement”)  2007, c. 7, Sched. 22, s. 1. Section Amendments with date in force (d/m/y) 2007, c. 7, Sched. 22, s. 1 - 05/07/2007 2009, c. 21, s. 56
- 01/11/2012 2022, c. 2, Sched. 10, s. 2 - 03/03/2022 2023, c. 6, s. 28 (1)
- not in force