jswizzle3737/ontario_laws_and_regs huggingface dataset:
1 The purpose of this Act is to provide for the management of materials containing nutrients in ways that will enhance protection of the natural environment and provide a sustainable future for agricultural operations and rural development.  2002, c. 4, s. 1.
3 (1) Any Minister responsible for the administration of a provision of this Act may in writing appoint as Directors any of the following persons as the Minister considers necessary: 1.  Public servants employed under Part III of the Public Service of Ontario Act, 2006 who work in the Ministry or the members of classes of such public servants. 2.  Subject to the approval of the Lieutenant Governor in Council, any other persons or the members of any other classes of persons.  2006, c. 35, Sched. C, s. 92 (1). Powers (2) Directors shall act as Directors in respect of those sections of this Act, those regulations and those sections of those regulations that are set out in their appointment.  2002, c. 4, s. 3 (2). Limitation of authority (3) In an appointment of a Director, the Minister may limit the authority of the Director in the manner that the Minister considers necessary or advisable.  2002, c. 4, s. 3 (3). Section Amendments with date in force (d/m/y) 2006, c. 35, Sched. C, s. 92 (1) - 20/08/2007
4 (1) Any Minister responsible for the administration of a provision of this Act may in writing designate as provincial officers any of the following persons as the Minister considers necessary: 1.  Public servants employed under Part III of the Public Service of Ontario Act, 2006 who work in the Ministry or the members of classes of such public servants. 2.  Any other persons or the members of any other classes of persons.  2006, c. 35, Sched. C, s. 92 (2). Powers (2) Provincial officers shall act as provincial officers in respect of those sections of this Act, those regulations and those sections of those regulations that are set out in their designation.  2002, c. 4, s. 4 (2). Limitation of authority (3) In a designation of a provincial officer, the Minister may limit the authority of the provincial officer in the manner that the Minister considers necessary or advisable.  2002, c. 4, s. 4 (3). Peace officers (4) A provincial officer is a peace officer for the purpose of enforcing this Act.  2002, c. 4, s. 4 (4). Investigation and prosecution (5) A provincial officer may investigate offences under this Act and may prosecute any person whom the provincial officer reasonably believes is guilty of an offence under this Act.  2002, c. 4, s. 4 (5). Section Amendments with date in force (d/m/y) 2006, c. 35, Sched. C, s. 92 (2) - 20/08/2007
5 (1) Any Minister responsible for the administration of a provision of this Act may in writing appoint as analysts any of the following persons as the Minister considers necessary: 1.  Public servants employed under Part III of the Public Service of Ontario Act, 2006 who work in the Ministry or the members of classes of such public servants. 2.  Any other persons or the members of any other classes of persons.  2006, c. 35, Sched. C, s. 92 (3). Powers (2) Analysts shall act as analysts in respect of those sections of this Act, those regulations and those sections of those regulations that are set out in their appointment.  2002, c. 4, s. 5 (2). Limitation of authority (3) In an appointment of an analyst, the Minister may limit the authority of the analyst in the manner that the Minister considers necessary or advisable.  2002, c. 4, s. 5 (3). Section Amendments with date in force (d/m/y) 2006, c. 35, Sched. C, s. 92 (3) - 20/08/2007 PART II   Management of Materials containing Nutrients AND REGULATIONS RESPECTING FARM ANIMALS
7 The Lieutenant Governor in Council may make regulations, (a)  regulating the use of prescribed nutrients on lands used for the production of prescribed crops; (b)  regulating the access of farm animals and persons to lands to which prescribed nutrients have been applied; (c)  governing the location and operation of feed lots and other places where farm animals are kept outside; (d)  restricting the access of farm animals to water and watercourses; (e)  governing the disposal, storage and transportation of dead farm animals.  2002, c. 4, s. 7. PART III   HEARING BY TRIBUNAL
8 (1) A Director who issues or amends a certificate, licence or approval, who imposes or amends conditions on a certificate, licence or approval or who suspends or revokes a certificate, licence or approval shall serve a written notice of the Director’s action, containing reasons, on the holder of the certificate, licence or approval, as the case may be.  2002, c. 4, s. 8 (1). Non-issuance or non-renewal (2) A Director who refuses to issue or renew a certificate, licence or approval shall serve a written notice of the Director’s action, containing reasons, on the person to whom the Director refused to issue or renew the certificate, licence or approval, as the case may be.  2002, c. 4, s. 8 (2).
9 (1) A person who receives a notice described in subsection 8 (1) or (2) may require a hearing by the Tribunal by serving a written notice of the requirement on the Director and the Tribunal within 15 days after service of the notice described in that subsection.  2002, c. 4, s. 9 (1). Same, order (2) If a Director makes, amends, revokes or is deemed to have made an order under this Act, the person to whom the order is directed may require a hearing by the Tribunal by serving a written notice of the requirement on the Director and the Tribunal within 15 days after service of notice of the order.  2002, c. 4, s. 9 (2). No order (3) The refusal by the Director to make, amend or revoke an order does not itself constitute an order.  2002, c. 4, s. 9 (3). No right to hearing (4) A person is not entitled to require a hearing under subsection (1) or (2) if the person receives, (a)  notice that the Director has issued the certificate, licence or approval for which the person applied; or (b)  notice of an action that the Tribunal has directed the Director to take under clause 11 (1) (b).  2002, c. 4, s. 9 (4). Extension of time (5) The Tribunal shall extend the time in which a person may give a notice under subsection (1) or (2) requiring a hearing on a decision or order if, in the Tribunal’s opinion, it is just to do so because service of the decision or order on the person did not give the person notice of the decision or order.  2002, c. 4, s. 9 (5). Contents of notice (6) An applicant for a hearing by the Tribunal shall state in the notice requiring the hearing, (a)  the portions of the certificate, licence, approval or order in respect of which the hearing is required; and (b)  the grounds on which the applicant for the hearing intends to rely at the hearing.  2002, c. 4, s. 9 (6). Effect of contents of notice (7) Except with leave of the Tribunal, at a hearing by the Tribunal an applicant is not entitled to appeal a portion of the certificate, licence, approval or order, or to rely on a ground, that is not stated in the applicant’s notice requiring the hearing.  2002, c. 4, s. 9 (7). Leave by Tribunal (8) The Tribunal may grant the leave mentioned in subsection (7) if the Tribunal is of the opinion that to do so is proper in the circumstances, and the Tribunal may give the directions that the Tribunal considers proper consequent upon the granting of the leave.  2002, c. 4, s. 9 (8).
10 (1) The commencement of a hearing before the Tribunal does not stay the operation of the certificate, licence, approval or order in respect of which the hearing is required, except if the order is an order to pay the costs of work made under section 36 or an order in respect of an administrative penalty.  2002, c. 4, s. 10 (1); 2019, c. 14, Sched. 8, s. 26. Grant of stay (2) The Tribunal may, on the application of a party to a hearing before it, stay the operation of the certificate, licence, approval or order in respect of which the hearing is required, except if the order is an order to monitor, record and report.  2002, c. 4, s. 10 (2). Parties (3) The person requiring the hearing, the Director and any other person specified by the Tribunal are parties to the hearing.  2002, c. 4, s. 10 (3). No stay (4) The Tribunal shall not stay the operation of the certificate, licence, approval or order in respect of which the hearing is required if doing so would result in, (a)  danger to the health or safety of any person; (b)  impairment or serious risk of impairment of the quality of the natural environment for any use that can be made of it; or (c)  injury or damage or serious risk of injury or damage to any property or to any plant or animal life.  2002, c. 4, s. 10 (4). Application for removal of stay (5) A party to the hearing may apply for the removal of a stay if relevant circumstances have changed or have become known to the party since the stay was granted, and the Tribunal may grant the application.  2002, c. 4, s. 10 (5). Application by new party (6) A person who is made a party to the hearing after a stay is granted may, at the time the person is made a party, apply for the removal of the stay, and the Tribunal may grant the application.  2002, c. 4, s. 10 (6); 2009, c. 19, s. 69 (1). Removal of stay (7) The Tribunal, on the application of a party under subsection (5) or (6), shall remove a stay if failure to do so would have one or more of the results mentioned in clauses (4) (a) to (c).  2002, c. 4, s. 10 (7). Conditions (8) The Tribunal may impose conditions on granting or removing a stay under this section.  2002, c. 4, s. 10 (8). Section Amendments with date in force (d/m/y) 2009, c. 19, s. 69 (1) - 1/01/2010 2019, c. 14, Sched. 8, s. 26 - 10/12/2019
11 (1) A hearing by the Tribunal shall be a new hearing and the Tribunal may, (a)  confirm, alter or revoke the action of the Director that is the subject-matter of the hearing; (b)  by order direct the Director to take the action that the Tribunal considers the Director should take in accordance with this Act and the regulations; (c)  for the purposes of clauses (a) and (b), substitute its opinion for that of the Director.  2002, c. 4, s. 11 (1). Order to pay an administrative penalty (1.1) For greater certainty, if a hearing by the Tribunal is required under this section in relation to an order to pay an administrative penalty, the regulations made under clause 40 (14) (c) governing the determination of the amounts of administrative penalties apply to the Tribunal. 2019, c. 14, Sched. 8, s. 27. Same (1.2) If a hearing by the Tribunal is required under this section in relation to an order to pay an administrative penalty, the Tribunal shall not substitute its opinion for that of the Director with respect to the amount of the penalty unless the Tribunal considers the amount to be unreasonable. 2019, c. 14, Sched. 8, s. 27. Appeal to court (2) A party to a hearing before the Tribunal under this section may appeal from its decision or order on a question of law to the Divisional Court in accordance with the rules of court.  2002, c. 4, s. 11 (2). (3) Repealed: 2021, c. 4, Sched. 10, s. 3 (1). No automatic stay (4) An appeal of a decision of the Tribunal to the Divisional Court does not stay the operation of the decision unless the Tribunal orders otherwise.  2002, c. 4, s. 11 (4); 2021, c. 4, Sched. 10, s. 3 (2). Power of court (5) If a decision of the Tribunal is appealed to the Divisional Court, the Divisional Court may, (a)  stay the operation of the decision; or (b)  set aside a stay ordered by the Tribunal under subsection (4).  2002, c. 4, s. 11 (5); 2021, c. 4, Sched. 10, s. 3 (3). Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 8, s. 27 - 10/12/2019 2021, c. 4, Sched. 10, s. 3 (1-3) - 01/06/2021 PART IV   Inspections and ORDERS Inspections
12 On request, a provincial officer who exercises a power under this Act shall identify himself or herself as a provincial officer, either by producing a copy of his or her designation or in some other manner, and shall explain the purpose of the exercise of the power.  2002, c. 4, s. 12.
14 (1) In this section, “vehicle” includes a trailer or other equipment attached to the vehicle.  2002, c. 4, s. 14 (1). Requirement to stop (2) For the purposes of the administration of this Act or the regulations, a provincial officer may signal a vehicle or vessel to stop.  2002, c. 4, s. 14 (2). Compliance (3) On the provincial officer’s signal to stop, the operator of the vehicle or vessel shall immediately come to a safe stop.  2002, c. 4, s. 14 (3). Signal to stop (4) For the purposes of this section, a signal to stop includes, (a)  intermittent flashes of red light, in the case of a vehicle; (b)  intermittent flashes of blue light, in the case of a vessel; and (c)  a hand signal to stop by a provincial officer who is readily identifiable as a provincial officer.  2002, c. 4, s. 14 (4). Sign to report (5) Where a clearly marked sign is posted indicating that a class of vehicles or vessels should report to a certain place in the vicinity of the sign, the operator of a vehicle or vessel that passes the sign and that falls within the class of vehicles or vessels indicated shall report forthwith to the place the sign directs.  2002, c. 4, s. 14 (5). Inquiries and inspection (6) Where the operator of a vehicle or vessel stops under subsection (3) or reports under subsection (5), the provincial officer may make any reasonable inquiries of the operator and the operator shall produce for inspection any documents related to the operation or ownership of the vehicle or vessel, including licences, permits and any documents that are required to be kept by the law of any jurisdiction in relation to the carriage of any cargo or container.  2002, c. 4, s. 14 (6). Means of containment (7) Based on the questioning or examination of documents conducted under subsection (6), the provincial officer may, without warrant or court order, inspect any means of containment that the officer reasonably believes is being used for the handling or transportation of a thing the handling or transportation of which is governed or regulated under this Act, the Dangerous Goods Transportation Act, the Environmental Protection Act or the Transportation of Dangerous Goods Act, 1992 (Canada).  2002, c. 4, s. 14 (7); 2009, c. 19, s. 69 (2). Opening (8) As part of an inspection under subsection (7), the provincial officer may open or require the operator to open any cargo hold, container or other means of containment.  2002, c. 4, s. 14 (8). Powers of inspection (9) During an inspection conducted under subsection (6) or (7), the provincial officer may exercise any powers under subsection 13 (5) that are reasonably required for the administration of this Act or the regulations.  2002, c. 4, s. 14 (9). Same (10) Subsections 13 (6), (7) and (8) apply to the exercise of a power under subsection (9).  2002, c. 4, s. 14 (10). Section Amendments with date in force (d/m/y) 2009, c. 19, s. 69 (2) - 1/01/2010
15 A provincial officer who exercises any power set out in section 13, 14 or 23 may, if the provincial officer is designated as such under the Environmental Protection Act, the Ontario Water Resources Act, the Pesticides Act, the Safe Drinking Water Act, 2002 or the Toxics Reduction Act, 2009, as the case may be, do anything authorized by, (a)  section 156, 156.1, 160, 161 or 161.1 of the Environmental Protection Act; (b)  section 15, 15.1, 19, 20 or 20.1 of the Ontario Water Resources Act; (c)  section 19, 19.1, 22, 23 or 23.1 of the Pesticides Act; (d)  section 81, 82, 91, 92 or 93 of the Safe Drinking Water Act, 2002; or (e)  section 15, 20 or 21 of the Toxics Reduction Act, 2009.  2009, c. 19, s. 69 (3). Section Amendments with date in force (d/m/y) 2009, c. 19, s. 69 (3)
- 1/01/2010; 2009, c. 19, s. 69 (4)
- no effect - see 2009, c. 19, s. 65
- 31/12/2019
16 (1) A justice may issue an order authorizing a provincial officer to do anything described in subsection 13 (1) or (5) or 14 (2), (6), (7), (8) or (9) if the justice is satisfied, on evidence under oath by a provincial officer, that there are reasonable grounds to believe that it is appropriate for the administration of this Act or the regulations for the officer to do anything described in subsection 13 (1) or (5) or 14 (2), (6), (7), (8) or (9) and that the officer may not be able to effectively carry out his or her duties without an order under this section because, (a)  no occupier is present to grant access to a place that is locked or otherwise inaccessible; (b)  a person has prevented the provincial officer from doing anything described in subsection 13 (1) or (5) or 14 (2), (6), (7), (8) or (9); (c)  there are reasonable grounds to believe that a person may prevent a provincial officer from doing anything described in subsection 13 (1) or (5) or 14 (2), (6), (7), (8) or (9); (d)  it is impractical, because of the remoteness of the place to be inspected or because of any other reason, for the officer to obtain an order under this section without delay if access is denied; or (e)  there are reasonable grounds to believe that an attempt by the officer to do anything described in subsection 13 (1) or (5) or 14 (2), (6), (7), (8) or (9) without the order might not achieve the purpose of the thing or might endanger human health or safety, property or the natural environment.  2002, c. 4, s. 16 (1). Same (2) Subsections 13 (6), (7) and (8) apply to an inspection under an order under this section.  2002, c. 4, s. 16 (2). Expiry (3) Unless renewed, an order under this section expires on the earlier of the day specified for the purpose in the order and the day that is 30 days after the date on which the order is made.  2002, c. 4, s. 16 (3). Renewal (4) An order under this section may be renewed in the circumstances in which an order may be made under subsection (1), before or after expiry, for one or more periods each of which is not more than 30 days.  2002, c. 4, s. 16 (4). Time of execution (5) An order under this section shall be carried out between 6 a.m. and 9 p.m., unless the order otherwise authorizes.  2002, c. 4, s. 16 (5). Application without notice (6) An order under this section may be issued or renewed on application without notice.  2002, c. 4, s. 16 (6).
17 It is a condition of every licence or approval that the holder must forthwith on request permit provincial officers to carry out inspections authorized by the following provisions of any place, other than any room actually used as a dwelling, to which the licence or approval relates: 1.  Section 13, 14 or 16 of this Act. 2.  Section 156, 156.1 or 158 of the Environmental Protection Act. 3.  Section 15, 15.1 or 17 of the Ontario Water Resources Act. 4.  Section 19, 19.1 or 20 of the Pesticides Act. 5.  Section 81, 82 or 89 of the Safe Drinking Water Act, 2002. 6.  Section 15 or 18 of the Toxics Reduction Act, 2009.  2009, c. 19, s. 69 (5). Section Amendments with date in force (d/m/y) 2009, c. 19, s. 69 (5)
- 1/01/2010; 2009, c. 19, s. 69 (6)
- no effect - see 2009, c. 19, s. 65
- 31/12/2019
19 (1) If a justice is satisfied, on evidence under oath by a provincial officer, that there are reasonable grounds for believing that it is appropriate for the administration of this Act or the regulations or necessary to protect human health or safety or to protect property, the justice may issue an order prohibiting entry into all or part of any land or place or prohibiting the use of, interference with, disruption of, or destruction of any thing.  2002, c. 4, s. 19 (1). Duration of prohibition (2) The prohibition under the justice’s order shall, subject to subsection (3), be for the period of time set out in the order.  2002, c. 4, s. 19 (2). Expiry (3) Unless renewed, an order made under this section expires on the earlier of the day specified for the purpose in the order or the day that is 30 days after the date on which the order is made.  2002, c. 4, s. 19 (3). Renewal (4) An order made under this section may be renewed for any reason set out in subsection (1), before or after expiry, for one or more periods, each of which is not more than 30 days.  2002, c. 4, s. 19 (4). Application for initial order (5) An initial order made under subsection (1) may be issued on application without notice.  2002, c. 4, s. 19 (5). Application for renewal order (6) A renewal order made under subsection (4) may be issued on application made with the notice, if any, that is specified for the purpose under subsection (7).  2002, c. 4, s. 19 (6). Requirements for renewal (7) In an order made under subsection (1) or (4), a justice may specify notice requirements that must be met by a person applying for a renewal of the order or for a further renewal of the order, as the case may be.  2002, c. 4, s. 19 (7). Notice of order (8) A provincial officer may give notice of an order made under subsection (1) or (4) in the manner that the officer considers appropriate in the circumstances.  2002, c. 4, s. 19 (8). Order ineffective (9) An order made under subsection (1) or (4) is not effective in any court proceeding against a person if the person satisfies the court that the person neither knew nor should have known of the order.  2002, c. 4, s. 19 (9).
20 If an order made under section 18 or 19 is in effect, a provincial officer may take measures to secure the land, place or thing to which the order relates by means of locks, gates, fences, security guards or other means that the officer deems necessary to prevent entry into the land or place or to prevent the use of, interference with, disruption of, or destruction of the thing.  2002, c. 4, s. 20.
21 A provincial officer may use the force that is reasonably necessary, (a)  to carry out a court order issued under this Part; (b)  to execute a warrant issued under the Provincial Offences Act; or (c)  to prevent the destruction of any thing that the officer reasonably believes may afford evidence of an offence under this Act.  2002, c. 4, s. 21.
22 A provincial officer may detain samples and copies obtained under section 13, 14 or 16 for any period and for any of the purposes of this Act and the regulations.  2002, c. 4, s. 22.
23 (1) During an inspection under section 13, 14 or 16, a provincial officer may, without a warrant or court order, seize any thing that is produced to the officer or that is in plain view, if, (a)  the officer reasonably believes that the thing will afford evidence of an offence under this Act; or (b)  the officer reasonably believes that the thing was used or is being used in connection with the commission of an offence under this Act and that the seizure is necessary to prevent the continuation or repetition of the offence.  2002, c. 4, s. 23 (1). Report to justice (2) A provincial officer who seizes any thing during an inspection under section 13, 14 or 16 shall bring the thing seized before a justice or, if that is not reasonably possible, shall report the seizure to a justice.  2002, c. 4, s. 23 (2). Application of Provincial Offences Act (3) Sections 159 and 160 of the Provincial Offences Act apply with necessary modifications in respect of a thing seized by a provincial officer during an inspection under section 13, 14 or 16.  2002, c. 4, s. 23 (3).
24 (1) If the Director believes that, given the nature of a thing seized during an inspection under section 13, 14 or 16, the thing may pose a risk to human health or safety or to property, the Director may direct the person having custody of the thing, to dispose of the thing in a manner satisfactory to the Director.  2002, c. 4, s. 24 (1). Perishables (2) If the person having custody of any thing seized during an inspection under section 13, 14 or 16 believes that the thing will rot, spoil or otherwise perish, the person may dispose of the thing.  2002, c. 4, s. 24 (2). Non-application of provisions (3) Subsections 23 (2) and (3) do not apply to a thing disposed of in accordance with this section.  2002, c. 4, s. 24 (3). Forfeiture (4) A thing disposed of in accordance with this section is forfeited to the Crown.  2002, c. 4, s. 24 (4). Notice of disposal (5) If a thing has been disposed of in accordance with subsections (1) to (4), the Director shall ensure that a provincial officer gives written notice of the seizure and disposal, within 15 days of the disposal, (a)  to every person whom the officer knows or has reason to believe is an owner of the thing seized; and (b)  to every person who has a security interest in the thing that is perfected by registration under the Personal Property Security Act against the name of any person whom the officer knows or has reason to believe is the owner.  2002, c. 4, s. 24 (5). Contents of notice (6) The notice shall include, (a)  a description of the thing seized sufficient to enable it to be identified; (b)  the location at which the thing was seized; (c)  the date of the seizure and disposal; (d)  the name and telephone number of the provincial officer who seized the thing or of the officer’s delegate; (e)  a statement of the reason for the seizure and disposal; (f)  a reference to the statutory provision authorizing the seizure and disposal; and (g)  a reference to the statutory provision permitting the person to apply to the Superior Court of Justice for relief against the forfeiture.  2002, c. 4, s. 24 (6).
25 (1) In this section, “device” means a substance or tracking device that, when placed or installed in or on any place, land or thing, may be used to help ascertain, by electronic or other means, the origin, identity or location of any thing.  2002, c. 4, s. 25 (1). Issuance of order (2) On application without notice, a justice may issue an order in writing authorizing a provincial officer, subject to this section, to use any device, investigative technique or procedure or to do any thing described in the order if the justice is satisfied by evidence under oath that there are reasonable grounds to believe that, (a)  an offence against this Act has been or will be committed; and (b)  information concerning the offence will be obtained through the use of the device, technique or procedure or the doing of the thing.  2002, c. 4, s. 25 (2). Limitation (3) An order under this section shall not authorize the interception of any private communication.  2002, c. 4, s. 25 (3). Same (4) No device, technique or procedure shall be used to intercept any private communication under an order issued under this section.  2002, c. 4, s. 25 (4). Conditions of order (5) An order issued under this section shall contain the conditions that the justice considers advisable in the circumstances.  2002, c. 4, s. 25 (5). Activities under order (6) An order issued under this section may authorize a provincial officer to, (a)  place, install, maintain or remove a device in or on any land, place or thing; and (b)  monitor, or have monitored, a device or information from a device placed or installed in or on any land, place or thing.  2002, c. 4, s. 25 (6). Duration of order (7) An order issued under this section is valid for a period of 60 days or for whatever shorter period is specified in the order.  2002, c. 4, s. 25 (7). Further orders (8) A justice may issue further orders under subsection (2).  2002, c. 4, s. 25 (8).
26 (1) Whenever a provincial officer is required or empowered by this Act or the regulations to do or direct the doing of any thing, the officer may, (a)  take those steps and employ the assistance that is necessary to accomplish what is required; and (b)  when obstructed in so doing, call for the assistance of any member of the Ontario Provincial Police or the municipal police force in the area where the assistance is required.  2002, c. 4, s. 26 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, clause 26 (1) (b) of the Act is amended by striking out “municipal police force” and substituting “police service”. (See: 2019, c. 1, Sched. 4, s. 38 (1)) Same (2) It is the duty of every member of a police force called to render assistance under clause (1) (b) to render the assistance.  2002, c. 4, s. 26 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 26 (2) of the Act is amended by striking out “police force” and substituting “police service”. (See: 2019, c. 1, Sched. 4, s. 38 (2)) Section Amendments with date in force (d/m/y) 2018, c. 3, Sched. 5, s. 40 (1, 2) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 38 (1, 2) - not in force
27 A provincial officer who makes or causes the making of an excavation in the course of performing duties under this Act shall restore the property, so far as is reasonably possible, to the condition it was in before the excavation was made.  2002, c. 4, s. 27.
28 (1) Except as to information in respect of the discharge of materials containing nutrients into the natural environment, every provincial officer shall preserve secrecy in respect of all matters that come to the officer’s knowledge in the course of any inspection under this Act or the regulations and shall not communicate the matters to any person except, (a)  as may be required in connection with the administration of, (i)  this Act or a prescribed Act, (ii)  the regulations made under this Act or a prescribed Act, or (iii)  any proceeding under an Act mentioned in subclause (i) or the regulations made under that Act; (a.1)  as authorized under the Regulatory Modernization Act, 2007; (b)  to the officer’s counsel; or (c)  with the consent of the person to whom the information relates.  2002, c. 4, s. 28 (1); 2007, c. 4, s. 37; 2009, c. 19, s. 69 (7). Testimony in civil suit (2) Except in a proceeding described in subclause (1) (a) (iii), no provincial officer shall be required to give testimony, other than testimony in respect of the discharge of materials containing nutrients into the natural environment, in any civil suit or proceeding with regard to information obtained by the officer in the course of the administration of this Act or the regulations.  2002, c. 4, s. 28 (2); 2009, c. 19, s. 69 (7). Section Amendments with date in force (d/m/y) 2007, c. 4, s. 37 - 17/01/2008 2009, c. 19, s. 69 (7)
- 1/01/2010
28.1 (1) For the purposes of determining compliance of a person with this Act or the regulations, a provincial officer may, at any reasonable time and with any reasonable assistance, require the person, or any person employed by or providing services to the person, to respond to reasonable inquiries. 2017, c. 2, Sched. 11, s. 3 (1). Same (2) For the purposes of subsection (1), a provincial officer may make inquiries by telephone or by any other means of communication. 2017, c. 2, Sched. 11, s. 3 (1). Production of document (3) In requiring a person to respond to an inquiry under subsection (1), a provincial officer may require the production of any document or data, in any form, required to be kept under this Act and of any other document or data, in any form, related to the purpose of the inquiry. 2017, c. 2, Sched. 11, s. 3 (1). Records in electronic form (4) If a record is retained in electronic form, a provincial officer may require that a copy of it be provided to him or her on paper or electronically, or both. 2017, c. 2, Sched. 11, s. 3 (1). Section Amendments with date in force (d/m/y) 2017, c. 2, Sched. 11, s. 3 (1) - 22/03/2017 Orders
29 (1) A provincial officer or Director may issue an order to any of the following persons if the officer or Director, as the case may be, has reasonable grounds to believe that an adverse effect described in subsection 18 (3) will result or is likely to result if materials containing nutrients are discharged into the natural environment, other than the air, from anything undertaken on, in or from lands, premises, vehicles or vessels: 1.  A person who owns or who has management or control of lands or premises that the provincial officer may enter under section 13 or 16. 2.  A person who operates a vehicle or vessel that the provincial officer may signal to stop or that is required to report under section 14. 2017, c. 2, Sched. 11, s. 3 (2). Information in order (2) The order shall, (a)  briefly describe the reasons for the order and the circumstances on which the reasons are based; and (b)  specify that the person to whom the order is directed has the right to request, (i)  a review of the order by a Director in accordance with section 32, if the order is made by the provincial officer, or (ii)  a hearing by the Tribunal in accordance with section 9, if the order is made or deemed to be made by a Director.  2002, c. 4, s. 29 (2). Contents of order (3) The order may require the person to whom it is directed to, (a)  take, within the time specified, whatever steps are specified in it to prevent, decrease or eliminate an adverse effect described in subsection 18 (3) that will result or is likely to result from the discharge of materials containing nutrients into the natural environment, other than the air, from anything undertaken on, in or from lands, premises, vehicles or vessels; and (b)  report on the steps mentioned in clause (a), within the time specified, to the provincial officer or Director who issued the order.  2002, c. 4, s. 29 (3); 2009, c. 33, Sched. 15, s. 7 (5); 2017, c. 2, Sched. 11, s. 3 (3). Compliance (4) A person who is served with an order made under subsection (1) shall comply with the order within the period of time specified in the order.  2002, c. 4, s. 29 (4). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 15, s. 7 (4, 5) - 15/12/2009 2017, c. 2, Sched. 11, s. 3 (2, 3) - 22/03/2017
30 (1) A provincial officer or Director who has reasonable grounds to believe that a person has contravened a provision of this Act or the regulations or a condition of a certificate, licence or approval may make an order directing the person to comply with the Act, regulations, certificate, licence or approval, as the case may be, immediately or within the time specified in the order.  2002, c. 4, s. 30 (1). Contents of order (2) The order shall, (a)  specify the provisions of this Act or the regulations or the conditions of a certificate, licence or approval that the provincial officer believes the person to have contravened; (b)  briefly describe the nature and, where applicable, the location of the contravention; (c)  describe the action that is required to correct the contravention and the time within which the person is required to ensure that the action is taken; and (d)  specify that the person has the right to request, (i)  a review of the order by a Director in accordance with section 32, if the order is made by the provincial officer, or (ii)  a hearing by the Tribunal in accordance with section 9, if the order is made or deemed to be made by a Director.  2002, c. 4, s. 30 (2). Service (3) The provincial officer or Director who makes the order shall have it served on the person.  2002, c. 4, s. 30 (3). Compliance (4) A person who is served with an order made under subsection (1) shall comply with the order within the period of time specified in the order.  2002, c. 4, s. 30 (4).
31 (1) If a provincial officer makes an order under subsection 29 (1) or 30 (1), the officer or a Director may, by order, amend or revoke it.  2002, c. 4, s. 31 (1). Notice (2) Upon amending or revoking an order under subsection (1), the provincial officer or Director shall give written notice of the amendment or revocation to the person to whom the order is directed.  2002, c. 4, s. 31 (2).
32 (1) A person to whom an order made by a provincial officer under subsection 29 (1) or 30 (1) is directed may, within seven days after being served with a copy of the order, request that a Director review the order.  2002, c. 4, s. 32 (1). Form of request (2) The request may be made orally, with written confirmation served on the Director within the time specified in subsection (1), or in writing.  2002, c. 4, s. 32 (2). Contents of request (3) A written request for review under subsection (1) or a written confirmation of an oral request under subsection (2) shall include, (a)  the portions of the order in respect of which the person is requesting the review; (b)  any submissions that the person wishes the Director to consider; and (c)  for the purpose of subsection (7), an address for service by mail or by electronic facsimile transmission or by whatever other means of service that the regulations specify.  2002, c. 4, s. 32 (3). No automatic stay (4) The request for review does not stay the order, unless the Director orders otherwise in writing.  2002, c. 4, s. 32 (4). Decision of Director (5) A Director who receives a request for review may, (a)  revoke the order of the provincial officer; or (b)  by order directed to the person requesting the review, confirm or alter the order of the provincial officer.  2002, c. 4, s. 32 (5). Same (6) For the purposes of subsection (5), the Director may substitute the Director’s own opinion for that of the provincial officer.  2002, c. 4, s. 32 (6). Notice of decision (7) The Director shall serve the person requesting the review with a copy of, (a)  the decision, if the Director decides to revoke the order of the provincial officer; or (b)  the Director’s order and reasons for it, if the Director confirms or alters the order of the provincial officer.  2002, c. 4, s. 32 (7). Deemed confirmation of order (8) If, within seven days of receiving a written request for review or a written confirmation of an oral request for review in accordance with subsection (1) or (2), the Director does not make a decision under subsection (5) and give oral or written notice of the decision to the person requesting the review, the Director shall be deemed to have made an order confirming the order of the provincial officer.  2002, c. 4, s. 32 (8). Notice (9) For the purpose of an appeal to the Tribunal, a confirming order that subsection (8) deems the Director to have made, shall be deemed, (a)  to be directed to each person to whom the order of the provincial officer was directed; and (b)  to have been served, on each person to whom the order of the provincial officer was directed, at the expiry of the time period mentioned in subsection (8).  2002, c. 4, s. 32 (9). PART V   REMEDIAL WORK DONE BY MINISTRY
33 If an order or decision made under section 29, 30, 31 or 32 is stayed, the Minister may cause to be done any thing required by the order or decision.  2002, c. 4, s. 33.
34 (1) If an order or decision made under section 29, 30, 31 or 32 is not stayed, a Director may cause to be done any thing required by it if, (a)  a person required by the order or decision to do the thing, (i)  has refused to comply with or is not complying with the order or decision, (ii)  is not likely, in the Director’s opinion, to comply with the order or decision promptly, (iii)  is not likely, in the Director’s opinion, to carry out the order or decision competently, or (iv)  requests the assistance of the Director in complying with the order or decision; or (b)  in the Director’s opinion, it would be in the public interest to do so.  2002, c. 4, s. 34 (1). Notice (2) The Director shall give notice of an intention to cause a thing to be done under subsection (1) to each person required by an order or decision made under this Act to do the thing, except if the identity of the person cannot be ascertained.  2002, c. 4, s. 34 (2). Reaction to notice (3) A person who receives a notice under subsection (2) shall not do the thing referred to in the notice without the permission of the Director.  2002, c. 4, s. 34 (3).
35 (1) A person who is responsible for doing a thing under section 34 may, for the purpose, enter onto any land or into any place where the thing is to be done and any adjacent land or place without an order if, (a)  the entry is made with the consent of an occupier or owner of the land or place; or (b)  the delay necessary to obtain an order under subsection (2) would result in, (i)  danger to the health or safety of any person, (ii)  impairment or serious risk of impairment of the quality of the natural environment for any use that can be made of it, or (iii)  injury or damage or serious risk of injury or damage to any property or to any plant or animal life.  2002, c. 4, s. 35 (1). Order authorizing entry (2) A justice, who is satisfied on evidence under oath that there are reasonable grounds to believe that entry onto land or into a place is necessary for the purpose of doing a thing under section 34, may make an order authorizing the person named in the order to make the entry and do the thing.  2002, c. 4, s. 35 (2). Execution and expiry of order (3) An order made under subsection (2) shall, (a)  specify the times, which may be 24 hours each day, during which the order may be carried out; and (b)  state when the order expires.  2002, c. 4, s. 35 (3). Renewal (4) Before or after the order expires, a justice may renew the order, for the additional periods that the justice considers necessary.  2002, c. 4, s. 35 (4). Police assistance (5) A person authorized under clause (1) (b) or subsection (2) to enter land or a place for the purpose of doing a thing may, (a)  take those steps and employ the assistance that is necessary to accomplish the thing; and (b)  when obstructed in so doing, call for the assistance of any member of the Ontario Provincial Police or the municipal police force in the area where the assistance is required.  2002, c. 4, s. 35 (5). Note: On a day to be named by proclamation of the Lieutenant Governor, clause 35 (5) (b) of the Act is amended by striking out “municipal police force” and substituting “police service”. (See: 2019, c. 1, Sched. 4, s. 38 (3)) Assistance (6) A person named in an order issued under subsection (2) may call on any other persons he or she considers advisable to execute the order.  2002, c. 4, s. 35 (6). Application without notice (7) A justice may receive and consider an application for an order or renewal of an order under this section without notice to the owner or occupier of the land or place.  2002, c. 4, s. 35 (7). Identification (8) On the request of an owner or occupier of the land or place, a person who exercises a power conferred under subsection (1) or (2) shall identify himself or herself and shall explain the purpose of the entry.  2002, c. 4, s. 35 (8). Section Amendments with date in force (d/m/y) 2018, c. 3, Sched. 5, s. 40 (3) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 38 (3) - not in force
36 (1) If a person is required to do any thing by an order or decision made under this Act and the Director causes the thing to be done under section 34, the Director may make an order requiring the person, and any other person whom the Director determines is appropriate, to pay the costs of having the thing done.  2002, c. 4, s. 36 (1). Contents of order (2) The order to pay costs shall include, (a)  a description of things that the Director caused to be done under this Act; (b)  a brief statement of the circumstances giving rise to the Director’s decision to cause the things to be done; (c)  a detailed account of the costs incurred in doing the things; and (d)  a direction that the person to whom the order is issued pay the costs to the Minister of Finance.  2002, c. 4, s. 36 (2). Increase in cost (3) At a hearing by the Tribunal on an order to pay costs, the Director may, on reasonable notice to all parties, ask the Tribunal to amend the order by adding new items of cost or by increasing the amounts set out in the order.  2002, c. 4, s. 36 (3).
37 (1) An order to pay costs may be filed with a local registrar of the Superior Court of Justice and enforced as if it were an order of the court.  2002, c. 4, s. 37 (1). Interest (2) Section 129 of the Courts of Justice Act applies in respect of an order filed with the Superior Court of Justice under subsection (1) and, for the purpose, the date of filing shall be deemed to be the date of the order.  2002, c. 4, s. 37 (2).
39 (1) If an order to pay costs is directed to a farmer in respect of work carried out under section 34 on lands or premises that are not owned by the farmer but are used by the farmer as part of an agricultural operation and pursuant to a nutrient management plan, and if the farmer owns land elsewhere in Ontario, the Director who caused the work to be carried out under that section may, (a)  in the case of land owned by the farmer in a municipality, instruct the clerk of the municipality to recover the amount of the costs as taxes against the land; or (b)  in the case of land owned by the farmer in territory without municipal organization, give written notice to the Minister of Finance of the amount of the costs, requesting the collection of the amount under the Provincial Land Tax Act, 2006.  2002, c. 4, s. 39 (1); 2006, c. 33, Sched. Z.3, s. 23 (2). Municipal taxes (2) Subsections 38 (2) to (7) and (9) apply with necessary modifications to the recovery of municipal taxes under clause (1) (a).  2002, c. 4, s. 39 (2). Provincial land taxes (3) If the Director gives written notice under clause (1) (b) to the Minister of Finance, the amount may be collected under the Provincial Land Tax Act, 2006 as if it was tax imposed under that Act.  2006, c. 33, Sched. Z.3, s. 23 (3). Section Amendments with date in force (d/m/y) 2006, c. 33, Sched. Z.3, s. 23 (2, 3) - 1/01/2009 PART VI   ENFORCEMENT
40.1 (1) A person who is required by an order issued by a provincial officer to pay an administrative penalty may, within seven days after being served with the order, request that the Director review the order. 2019, c. 14, Sched. 8, s. 28. Request for review (2) A request for a review shall be made in writing and shall include, (a)  a statement of whether the review applies to the liability to pay the penalty, the amount of the penalty or both; (b)  any submissions that the person requesting the review wishes the Director to consider; and (c)  for the purposes of subsection (7), an address for service by mail, fax or such other means of service as the regulations may prescribe. 2019, c. 14, Sched. 8, s. 28. Stay (3) If a person requests a review, the requirement to pay the administrative penalty is stayed until the disposition of the matter. 2019, c. 14, Sched. 8, s. 28. Decision of Director (4) A Director who receives a request for a review may, (a)  revoke the order of the provincial officer; or (b)  by order directed to the person who requested the review, confirm or alter the order of the provincial officer. 2019, c. 14, Sched. 8, s. 28. Same (5) For the purposes of subsection (4), the Director may substitute his or her opinion for that of the provincial officer. 2019, c. 14, Sched. 8, s. 28. Amount of penalty (6) For greater certainty, if the review applies to the amount of the penalty, the regulations made under clause 40 (14) (c) apply for the purposes of the review. 2019, c. 14, Sched. 8, s. 28. Notice of decision (7) The Director shall serve a person requesting a review with a copy of, (a)  the Director’s decision or order under subsection (4); and (b)  if the Director issues an order under clause (4) (b), the reasons for the order. 2019, c. 14, Sched. 8, s. 28. Automatic confirmation of order (8) If the Director does not comply with subsection (7) within seven days after receiving a request for a review, the order in respect of which the review was requested shall be deemed to have been confirmed by order of the Director. 2019, c. 14, Sched. 8, s. 28. Same (9) For the purposes of section 9, a deemed confirmation by order of the Director under subsection (8) shall be, (a)  deemed to be directed to the person to whom the order of the provincial officer was directed; and (b)  deemed to have been served on the person mentioned in clause (a) on the last day of the time period mentioned in subsection (8). 2019, c. 14, Sched. 8, s. 28. Exception (10) Subsections (8) and (9) do not apply if, within seven days after receiving the request for a review, the Director gives written notice to the person requesting the review stating that the Director requires additional time to make a decision. 2019, c. 14, Sched. 8, s. 28. Regulations (11) The Lieutenant Governor in Council may make regulations specifying the form and content of orders under this section. 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