jswizzle3737/ontario_laws_and_regs huggingface dataset:
40.2 If a person who is required to pay an administrative penalty fails to comply with the requirement, (a)  the order that requires payment may be filed with a local registrar of the Superior Court of Justice and the order may be enforced as if it were an order of the court; (b)  the Director may, by order, suspend any certificate, licence or approval issued to the person under this Act until the administrative penalty is paid; and (c)  the Director may refuse to issue any certificate, licence or approval to the person or refuse to renew any certificate, licence or approval issued to the person under this Act until the administrative penalty is paid. 2019, c. 14, Sched. 8, s. 28. Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 8, s. 28 - 10/12/2019
40.3 Administrative penalties paid under this Act shall be deposited in the account referred to in section 182.2 of the Environmental Protection Act. 2019, c. 14, Sched. 8, s. 28. Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 8, s. 28 - 10/12/2019
41 (1) If a person contravenes this Act or the regulations, fails to comply with an order under this Act, other than an order under section 36 or fails to comply with a condition of a certificate, licence or approval, the Minister may, in addition to any other remedy and to any penalty imposed by law, apply to the Superior Court of Justice for an order restraining the person from continuing the contravention or failure.  2002, c. 4, s. 41 (1). Court order (2) If a court convicts a person of an offence under this Act, it may, on its own initiative or on application by counsel for the prosecutor, in addition to any other remedy and to any other penalty imposed by law, make an order prohibiting the continuation or repetition by the person of the act or omission for which the person is convicted.  2002, c. 4, s. 41 (2).
42 (1) No person shall hinder or obstruct a Director, a provincial officer or any employee in or agent of the Ministry or any person involved in carrying out a program of the Ministry in the performance of duties under this Act.  2002, c. 4, s. 42 (1); 2006, c. 35, Sched. C, s. 92 (4). Providing information (2) No person shall refuse to provide a Director, a provincial officer, the Minister, the Ministry or any employee in or agent of the Ministry with all information, documents or data that the person is authorized to examine under this Act and the regulations.  2002, c. 4, s. 42 (2); 2006, c. 35, Sched. C, s. 92 (5). False information (3) No person shall include false or misleading information in any document or data that a Director, a provincial officer, the Minister, the Ministry or any employee in or agent of the Ministry is authorized to examine under this Act and the regulations.  2002, c. 4, s. 42 (3); 2006, c. 35, Sched. C, s. 92 (6). Same (4) No person shall orally, in writing or electronically give or submit false or misleading information in any statement, document or data to a Director, a provincial officer, the Minister, the Ministry, any employee in or agent of the Ministry or any person involved in carrying out a program of the Ministry in respect of any matter related to this Act or the regulations.  2002, c. 4, s. 42 (4); 2006, c. 35, Sched. C, s. 92 (7). Section Amendments with date in force (d/m/y) 2006, c. 35, Sched. C, s. 92 (4-7) - 20/08/2007
43 (1) A person is guilty of an offence if the person, (a)  contravenes this Act or the regulations; (b)  fails to comply with the conditions of a certificate, licence or approval; or (c)  fails to comply with an order made by a Director or a provincial officer under this Act other than an order in respect of an administrative penalty or an order to pay costs under section 36.  2002, c. 4, s. 43 (1); 2019, c. 14, Sched. 8, s. 29. Directors and officers (2) Every director or officer of a corporation who knowingly concurs in the commission of an offence by the corporation is guilty of an offence.  2002, c. 4, s. 43 (2). Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 8, s. 29 - 10/12/2019
44 No proceeding for an offence under this Act or the regulations shall be commenced more than two years after the later of, (a)  the day on which the offence was committed; and (b)  the day evidence of the offence first came to the attention of a provincial officer.  2002, c. 4, s. 44.
45 (1) Service of an offence notice or summons on a municipal corporation may be effected by delivering it personally to the mayor, warden, reeve or other chief officer of the corporation or to the clerk of the corporation.  2002, c. 4, s. 45 (1). Service on other corporations (2) Service of an offence notice or summons on a corporation other than a municipal corporation may be effected by delivering it 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.  2002, c. 4, s. 45 (2). Service on partnership (3) Service of an offence notice or summons on a partnership may be effected by delivering it personally to a partner or to a person apparently in charge of an office of the partnership.  2002, c. 4, s. 45 (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.  2002, c. 4, s. 45 (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 municipal corporation, other corporation, partnership or sole proprietorship, as the case may be.  2002, c. 4, s. 45 (5).
46 (1) In this section, “commercial motor vehicle”, “farm tractor”, “motor vehicle” and “self-propelled implement of husbandry” have the same meanings as in the Highway Traffic Act; (“matériel agricole automoteur”, “tracteur agricole”, “véhicule automobile”, “véhicule utilitaire”) “offence notice or summons” means, (a)  an offence notice or summons under Part I of the Provincial Offences Act, or (b)  a summons under Part III of the Provincial Offences Act. (“avis d’infraction ou assignation”)  2002, c. 4, s. 46 (1). Employer (2) Delivery of an offence notice or summons to the operator of a vehicle that is a motor vehicle, farm tractor or self-propelled implement of husbandry, in respect of an offence under this Act related to the use of the vehicle in the course of the operator’s employment shall be deemed to be personal service of the offence notice or summons on the employer of the operator of the vehicle.  2002, c. 4, s. 46 (2). Owner or lessee (3) Delivery of an offence notice or summons to the operator of a vehicle that is a commercial motor vehicle, farm tractor or self-propelled implement of husbandry, in respect of an offence under this Act related to the use of the vehicle shall be deemed to be personal service of the offence notice or summons on the owner or lessee of the vehicle who is named in the offence notice or summons.  2002, c. 4, s. 46 (3). Exception (4) Subsection (3) does not apply if, at the time of the offence, the vehicle was in the possession of the operator without the consent of the owner or lessee of the vehicle, as the case may be, but the burden of proof of that shall be on the owner or lessee of the vehicle.  2002, c. 4, s. 46 (4). Permit holder as owner (5) For the purposes of this section, the holder of a permit under Part II of the Highway Traffic Act
shall be deemed to be the owner of the motor vehicle mentioned in the permit if a number plate under that Part bearing a number that corresponds to the permit was displayed on the vehicle or motor vehicle, as the case may be, at the time the offence was committed.  2002, c. 4, s. 46 (5). Exception (6) Subsection (5) does not apply if the number plate was displayed on the vehicle without the consent of the holder of the permit, but the burden of proof of that shall be on the holder of the permit.  2002, c. 4, s. 46 (6).
47 The Crown, by notice to the clerk of the Ontario Court of Justice, may require that a provincial judge preside over a proceeding in respect of an offence under this Act.  2002, c. 4, s. 47; 2006, c. 21, Sched. C, s. 122 (1). Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. C, s. 122 (1) - 1/05/2007
48 (1) An individual convicted of an offence under this Act is liable to, (a)  on a first conviction, a fine of not more than $5,000 for each day or part of a day on which the offence occurs or continues; (b)  on each subsequent conviction, a fine of not more than $10,000 for each day or part of a day on which the offence occurs or continues.  2002, c. 4, s. 48 (1). Corporation (2) A corporation convicted of an offence under this Act is liable to, (a)  on a first conviction, a fine of not more than $10,000 for each day or part of a day on which the offence occurs or continues; (b)  on each subsequent conviction, a fine of not more than $25,000 for each day or part of a day on which the offence occurs or continues.  2002, c. 4, s. 48 (2). Subsequent conviction (3) For the purposes of determining the penalty to which a person is liable under subsection (1) or (2), a conviction of the person for an offence under this Act is a subsequent conviction if the person has previously been convicted of an offence under, (a)  this Act; (b)  the Environmental Protection Act, other than for an offence related to Part IX of that Act; (c)  the Ontario Water Resources Act; (d)  the Pesticides Act; (e)  the Safe Drinking Water Act, 2002; or (f)  the Toxics Reduction Act, 2009.  2002, c. 4, s. 48 (3); 2009, c. 19, s. 69 (8). Monetary benefit (4) A 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 upon the person by an amount equal to the amount of the monetary benefit acquired by or that accrued to the person as a result of the commission of the offence, despite any maximum fine elsewhere provided.  2002, c. 4, s. 48 (4). Section Amendments with date in force (d/m/y) 2009, c. 19, s. 69 (8)
- 1/01/2010
49 (1) If a person is in default of payment of a fine imposed upon conviction for an offence against this Act, the Environmental Protection Act, the Ontario Water Resources Act, the Pesticides Act, the Safe Drinking Water Act, 2002, the Toxics Reduction Act, 2009 or the regulations made under any of them, on the application of a Director, a justice of the peace may make an order under subsection 69 (2) of the Provincial Offences Act directing that, until the fine is paid, (a)  one or more of the person’s certificates, licences or approvals be suspended; and (b)  no certificate, licence or approval be issued to the person.  2002, c. 4, s. 49 (1); 2009, c. 19, s. 69 (9). Suspension by Director (2) On being informed of an outstanding order mentioned in subsection (1), the Director may suspend the person’s certificate, licence or approval, if it is not already suspended under another order mentioned in that subsection.  2002, c. 4, s. 49 (2). Reinstatement (3) On being informed that the fine and any applicable prescribed administrative fee for the reinstatement of the certificate, licence or approval are paid, the Director shall reinstate the certificate, licence or approval, as the case may be, unless the Director has been informed that, (a)  there is another outstanding order mentioned in subsection (1) directing that the certificate, licence or approval be suspended; or (b)  the certificate, licence or approval is suspended under any other order or under another Act.  2002, c. 4, s. 49 (3). Section Amendments with date in force (d/m/y) 2009, c. 19, s. 69 (9) - 1/01/2010
50 (1) On its own initiative or on the request of the prosecutor, a court that convicts a person of an offence under this Act, in addition to any other penalty imposed by the court, may order the person, (a)  to take the action, including but not limited to providing an alternate water supply, that the court directs within the time specified in the order to prevent, eliminate or ameliorate damage that results from or is in any way connected to the commission of the offence; or (b)  to comply with any order that a Director has issued to the person in relation to damage that results from or is in any way connected to the commission of the offence.  2002, c. 4, s. 50 (1). Other conditions (2) An order described in subsection (1) may contain those other conditions that, (a)  relate to the circumstances of the offence and the circumstances of the person that contributed to the commission of the offence; and (b)  the court considers appropriate to prevent similar unlawful conduct or to contribute to the person’s rehabilitation.  2002, c. 4, s. 50 (2). Variation of order (3) The court that made the order may make any changes in, or additions to, the conditions prescribed in the order that in the opinion of the court are rendered desirable by a change in circumstances if, (a)  on its own initiative, it holds a hearing or obtains the consent of the parties to dispense with a hearing; or (b)  on application by counsel for the prosecutor, by the person convicted or by the person authorized under the Law Society Act to represent the person convicted, with notice to the other party, it holds a hearing or the parties consent to dispense with a hearing.  2002, c. 4, s. 50 (3); 2006, c. 21, Sched. C, s. 122 (2). Conflict (4) Nothing in this section authorizes the court to make an order that conflicts with an order previously made under this Act by a Director or provincial officer, but the court may make an order under this section supplementing the provisions of an order of a Director or provincial officer.  2002, c. 4, s. 50 (4). Continuation in force (5) If a person bound by a court order made under this section is imprisoned, the order continues in force except in so far as the imprisonment renders it impossible for the person to comply for the time being with the order.  2002, c. 4, s. 50 (5). Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. C, s. 122 (2) - 1/05/2007
51 On its own initiative or on the request of the prosecutor, a court that convicts a person of an offence under this Act may, in addition to, or in substitution in whole or in part for, any other penalty imposed by the court, order the person to carry out an alternative penalty such as, (a)  performing remedial work on the environment; or (b)  making payment to a third party for the purposes of educational or remedial work done by or for the third party.  2002, c. 4, s. 51. PART VII   GENERAL
52 This Act does not affect the application of the Environmental Protection Act, the
Ontario Water Resources Act or the Pesticides Act in any situation where any of those Acts applies.  2002, c. 4, s. 52.
53 (1) A certificate, licence, approval or order issued by a person or body authorized to do so under this Act 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 issued or directed, and on any other successor or assignee of the person to whom it was issued or directed.  2002, c. 4, s. 53 (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.  2002, c. 4, s. 53 (2). Definition (3) In this section, “receiver” means a person who has been appointed to take or who has taken possession or control of property pursuant to a mortgage, hypothec, pledge, charge, lien, security interest, encumbrance or privilege or pursuant to an order of a court, and includes a receiver-manager and an interim receiver.  2002, c. 4, s. 53 (3). Receivers and trustees (4) A certificate, licence, approval or order that is issued by a person or body authorized to do so under this Act and that relates to property is binding on a receiver or trustee that holds or administers the property.  2002, c. 4, s. 53 (4). Limitation (5) If, pursuant to subsection (4), 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.  2002, c. 4, s. 53 (5). Exception (6) Subsection (4) does not apply to an order that is issued by a person or body authorized to do so under this Act and 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 a Director 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 a Director, before the stay expired, that they abandoned, disposed of or otherwise released their interest in the property.  2002, c. 4, s. 53 (6). Extension of period (7) A Director may extend the 10-day period for giving notice under clause (6) (a), before or after it expires, on the conditions that the Director considers appropriate.  2002, c. 4, s. 53 (7). Form of notice (8) Notice under clause (6) (a) or (b) must be given in the manner prescribed by the regulations.  2002, c. 4, s. 53 (8).
54 (1) Any document given or served under this Act or the regulations 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 person’s last known address; or (c)  given or served in accordance with the prescribed manner.  2002, c. 4, s. 54 (1). Service by mail (2) If service is made by mail, it shall be deemed to have been 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 notice or order until a later date.  2002, c. 4, s. 54 (2).
55 (1) A document that is a certificate, licence or approval, an order issued under this Act or a record made under this Act and that purports to be signed by the Minister, a Director, a provincial officer or an employee in the Ministry 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.  2002, c. 4, s. 55 (1). Certificate of service (1.1) A certificate purporting to be signed by the Minister, a Director, a provincial officer or an employee in the Ministry that certifies that a document referred to in subsection (1) was served on a person or entity shall be received in evidence in any proceeding as proof of service of that document on that person or entity, in the absence of evidence to the contrary, without proof of the signature or position of the person appearing to have signed the certificate.  2009, c. 33, Sched. 15, s. 7 (6). Report of analyst (2) A report that purports to be signed by an analyst shall be received in evidence in any proceeding as proof, in the absence of evidence to the contrary, of the facts stated in the report without proof of the signature or position of the person appearing to have signed the report.  2002, c. 4, s. 55 (2). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 15, s. 7 (6) - 15/12/2009
58 (1) The Minister may, (a)  establish fees that are payable in respect of any matter under this Act; (b)  specify what persons are required to pay the fees and to whom the fees are payable; (c)  provide for the retention of all or part of the fees by the person to whom they are payable; and (d)  provide for the refund of fees.  2002, c. 4, s. 58 (1). Obligation to pay (2) A person required to pay fees described in subsection (1) shall pay them in accordance with that subsection.  2002, c. 4, s. 58 (2).
59 The Lieutenant Governor in Council may make regulations, (a)  prescribing additional agricultural crops to be included as the agricultural crops mentioned in the definition of “agricultural operation” in section 2; (b)  prescribing other agricultural activities conducted on, in or over agricultural land to be included in the definition of “agricultural operation” in section 2; (c)  prescribing limits, expansions or clarifications of the activities described in the definition of “agricultural operation” in section 2; (d)  prescribing additional animals, birds or fish to be included in the definition of “farm animals” in section 2; (e)  exempting any agricultural operation, person or thing or class of agricultural operation, person or thing from the application of this Act, the regulations or a provision of this Act or the regulations and prescribing conditions for the exemptions; (f)  prescribing anything described as prescribed or specified in the regulations or described as prepared or done in accordance with the regulations; (g)  respecting procedures for inspections under Part IV, including procedures to prevent the transmission of contagious diseases, and requiring inspectors to follow the procedures; (h)  prescribing procedures for the purposes of section 49; (i)  defining, for the purposes of this Act and the regulations, any word or expression used in this Act that has not already been expressly defined in this Act; (i.1)  governing any transitional matters the Lieutenant Governor in Council considers necessary or advisable in connection with the implementation of the amendments made to this Act by Schedule 10 to the Accelerating Access to Justice Act, 2021; (j)  respecting anything that is necessary or advisable for the purposes of the enforcement of this Act and the regulations.  2002, c. 4, s. 59; 2021, c. 4, Sched. 10, s. 3 (4). Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 10, s. 3 (4) - 01/06/2021
60 (1) A 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.  2002, c. 4, s. 60 (1). Classes (2) A regulation may apply in respect of any class of activity, matter, person or thing.  2002, c. 4, s. 60 (2). Same (3) A class under this Act or the regulations may be defined with respect to any attribute, quality or characteristic or combination of those items and may be defined to consist of or to include or exclude any specified member, whether or not with the same attributes, qualities or characteristics.  2002, c. 4, s. 60 (3). Adoption of codes (4) A regulation may adopt by reference, in whole or in part, with the changes that the Lieutenant Governor in Council considers necessary, any code, formula, standard, guideline, protocol or procedure, and may require compliance with any code, formula, standard, guideline, protocol or procedure so adopted.  2002, c. 4, s. 60 (4). Amendments to codes (5) The power to adopt by reference and require compliance with a code, formula, standard, guideline, protocol or procedure in subsection (4) includes the power to adopt a code, formula, standard, guideline, protocol or procedure as it may be amended from time to time after the regulation is made.  2002, c. 4, s. 60 (5). When effective (6) The adoption of an amendment to a code, formula, standard, guideline, protocol or procedure that has been adopted by reference comes into effect upon the Ministry publishing notice of the amendment in The Ontario Gazette or in the registry under the Environmental Bill of Rights, 1993.  2002, c. 4, s. 60 (6).
61 (1) A regulation supersedes a by-law of a municipality or a provision in that by-law if the by-law or provision addresses the same subject-matter as the regulation.  2002, c. 4, s. 61 (1). By-law inoperative (2) A by-law or a provision of a by-law that is superseded under subsection (1) is inoperative while the regulation is in force.  2002, c. 4, s. 61 (2). 62-66 Omitted (amends or repeals other Acts).  2002, c. 4, ss. 62-66. 67 Omitted (provides for coming into force of provisions of this Act).  2002, c. 4, s. 67. 68 Omitted (enacts short title of this Act).  2002, c. 4, s. 68. ______________  Français