jswizzle3737/ontario_laws_and_regs huggingface dataset:
Purpose
 1. The purpose of this Regulation is to provide for the assessment of environmental penalties in a manner that encourages regulated persons to,  (a)  take steps to prevent contraventions; (b)  take steps to mitigate the effects of contraventions and to prevent their recurrence; (c)  implement environmental management systems; and (d)  enter into agreements under subsection 182.1 (9) of the Act to take steps for the protection of the natural environment beyond the measures required by an Act of Ontario or Canada, by a regulation or instrument under an Act of Ontario or Canada, or by a public body.  O. Reg. 222/07, s. 1.
Interpretation
 2. (1) In this Regulation, “closed landfilling site” means a landfilling site, (a)  that has had final cover material applied to it in accordance with the applicable closure requirements under the Act and in which further landfilling is not permitted by an environmental compliance approval, or (b)  that has reached its approved capacity under its environmental compliance approval; (“lieu d’enfouissement désaffecté”) “contravention” means a contravention or failure in respect of which a person may be required to pay an environmental penalty under section 182.1 of the Act; (“contravention”) “Director” means a Director appointed in respect of section 182.1 of the Act; (“directeur”) “landfilling” has the same meaning as in Regulation 347 of the Revised Regulations of Ontario, 1990 (General — Waste Management) made under the Act; (“enfouissement”) “landfilling site” means a waste disposal site at which landfilling occurs and that has, in respect of the landfilling, an approved capacity of 40,000 cubic metres or more under an environmental compliance approval; (“lieu d’enfouissement”) “plant” means an industrial facility and the real property, waste disposal sites and wastewater treatment facilities associated with it; (“usine”) “public body” means a municipality, local board, conservation authority, ministry, department, board, commission, or agency or official of a provincial or federal government; (“organisme public”) “sewage” has the same meaning as in subsection 1 (1) of the Ontario Water Resources Act; (“eaux d’égout”) “toxic substance” means a substance listed in Table 1 of the Ministry of the Environment publication entitled “Environmental Penalties – Code of Toxic Substances”, as amended from time to time. (“substance toxique”) “waste disposal site” has the same meaning as in Part V of the Act. (“lieu d’élimination des déchets”) O. Reg. 222/07, s. 2; O. Reg. 254/11; s. 1. O. Reg. 338/23, s. 1 (1). (2) For the purposes of Table 2, (a)  a reference to a discharge or spill is a reference to a discharge or spill from a plant; (b)  a reference to an environmental compliance approval or an order is a reference to an environmental compliance approval or an order in respect of a plant; and (c)  a reference to a regulated person is a reference to a regulated person described in section 3. O. Reg. 338/23, s. 1 (2). (3) For the purposes of Table 3, (a)  a reference to a discharge or spill is a reference to a discharge or spill from a landfilling site; (b)  a reference to an environmental compliance approval or an order is a reference to an environmental compliance approval or an order in respect of a landfilling site; and (c)  a reference to a regulated person is a reference to a regulated person described in section 3.1. O. Reg. 338/23, s. 1 (2). (4) In this Regulation, a reference to a landfilling site includes a reference to a closed landfilling site. O. Reg. 338/23, s. 1 (2).
Regulated person, landfills
 3.1 For the purposes of clause (a) of the definition of “regulated person” in subsection 1 (1) of the Act, a prescribed class of persons is persons who own or operate a landfilling site. O. Reg. 338/23, s. 2.
Contraventions
 4. (1) An order under subsection 182.1 (1) of the Act to pay an environmental penalty shall not be issued for any contravention referred to in that subsection except as set out in this Regulation.  O. Reg. 222/07, s. 4 (1). (2) An order under subsection 182.1 (1) of the Act to pay an environmental penalty may only be issued, (a)  to a regulated person; and (b)  for a contravention that, (i)  occurs at, (A)  a plant described in subsection 3 (1) or relates to the operations of the plant, or (B)  a landfilling site or relates to the operations of the landfilling site; (ii)  is described in Column 2 of Table 2 or 3, if the circumstances, if any, set out in Column 3 of the applicable Table for the contravention apply, and (iii)  occurs or continues on or after the date specified in Column 4 of Table 2 or 3 in respect of the contravention.  O. Reg. 222/07, s. 4 (2); O. Reg. 338/23, s. 3.
Notice of intention to issue penalty
 5. (1) Before issuing an order to a regulated person under subsection 182.1 (1) of the Act, the Director shall give the regulated person a written notice of intention to issue the order that includes the following information: 1.  A statement of the Director’s intention to issue an order under subsection 182.1 (1) of the Act. 2.  The item number in Table 2 or 3 of the contravention to which the proposed order will relate. 3.  The classification of the contravention as a Type 1, 2 or 3 contravention in accordance with Table 2 or 3, the classification of the contravention as a less serious, serious or very serious contravention in accordance with sections 10 to 15, and the cell of Table 4 that corresponds to the classifications. 4.  A statement of which factors listed under paragraph 3 of subsection 9 (1) the Director will consider in determining the amount of the gravity component from the range set out in the cell of Table 4 identified under paragraph 3 of this subsection. 5.  In the case of a contravention specified in item 1 of Table 2 or 3, i.  a description of the adverse effects that were caused or that may be caused by the contravention, and ii.  a statement as to whether the discharge contained a toxic substance. 6.  A description of the days or parts of days on which the contravention occurred or continued in respect of which the Director intends to issue the order, where a day is a 24-hour period. 7.  If appropriate, the location of the contravention. 8.  If the Director is of the opinion that as a result of the contravention, a monetary benefit described in paragraph 1 or 2 of subsection 8 (1) was acquired by the regulated person, the estimated monetary benefit and a summary of how the Director determined the monetary benefit, including the time frame that was used in the estimate. 9.  Information about the regulated person’s right under section 6 to request a reduction to the amount of the environmental penalty and the grounds on which such a reduction may be requested.  O. Reg. 222/07, s. 5 (1); O. Reg. 338/23, s. 4. (2) A notice of intention given under subsection (1) may apply to one or more contraventions.  O. Reg. 222/07, s. 5 (2). (3) The Director may amend a notice of intention after it has been issued by giving the regulated person a written amendment.  O. Reg. 222/07, s. 5 (3).
Request for review of penalty
 6. (1) A regulated person who receives a notice of intention under subsection 5 (1), or an amendment under subsection 5 (3), may make any one or more of the following requests in writing, within 15 days after the date indicated on the notice of intention or on the amendment, if any, or within such longer period as the Director agrees to in writing: 1.  If the notice of intention or amendment includes an estimate of monetary benefit, a request that the Director consider the information included with the request and redetermine the monetary benefit. 2.  If the notice of intention or amendment relates to a contravention specified in item 1 or 2 of Table 2 or item 1 or 2 of Table 3 and includes a statement that the discharge contained a toxic substance, a request that the Director consider any information included with the request demonstrating that the toxic substance or its concentration did not result from the operation or activities of the plant or landfilling site. 3.  A request that the Director consider any information included with the request before determining the gravity component of the penalty under section 9. 4.  A request that the Director, after determining the gravity component of the penalty under section 9, grant a reduction to the component in accordance with section 16 on the grounds that the regulated person took steps to prevent the contravention or mitigate its effects. 5.  A request that the Director, after determining the gravity component of the penalty under section 9, grant a reduction to the component in accordance with section 17 on the grounds that at the time of the contravention, the regulated person had in place an environmental management system described in section 17.  O. Reg. 222/07, s. 6 (1); O. Reg. 338/23, s. 5. (2) If the notice of intention or amendment applies to more than one contravention, a request under subsection (1) may be made in respect of any one or more of the contraventions.  O. Reg. 222/07, s. 6 (2). (3) A request made under subsection (1) shall include the following information: 1.  For a request under paragraph 4 of subsection (1), the grounds on which the reduction is requested and a specific description of the steps taken. 2.  For a request under paragraph 5 of subsection (1), any document demonstrating that, at the time of the contravention, the regulated person had in place an environmental management system described in section 17. 3.  For any request under subsection (1), all information and submissions that the regulated person wants the Director to consider with respect to the request.  O. Reg. 222/07, s. 6 (3).
Amount of environmental penalty
 7. (1) The amount of the environmental penalty for a contravention is, A + (B – C – D – E) in which, “A”  is the monetary benefit received by the regulated person as a result of the contravention, as determined under section 8, “B”  is the gravity component for the contravention, as determined under section 9, “C”  is the reduction, if any, to the gravity component determined under section 16 (reductions for prevention or mitigation), “D”  is the reduction, if any, to the gravity component determined under section 17 (reduction for environmental management system), and “E”  is the reduction, if any, to the gravity component determined under subsection 18 (2) or (3), as the case may be (reduction for agreement with the Director). O. Reg. 222/07, s. 7 (1). (2) If, after determining the environmental penalty for the contravention, the Director determines that the amount of the environmental penalty is, by its magnitude, punitive in nature having regard to all the circumstances, the Director shall reduce the amount of the environmental penalty to an amount that is consistent with promoting internal discipline among regulated persons to comply with the requirements under the Act.  O. Reg. 222/07, s. 7 (2).
Monetary benefit
 8. (1) The following monetary benefits are prescribed for the purpose of paragraph 3 of subsection 182.1 (17) of the Act: 1.  Avoided costs, which are costs that the regulated person avoided incurring by failing to comply with a provision described in Table 2 or 3. Avoided costs apply in respect of provisions that must be complied with on or by a certain date and that, once that date has passed, cannot be complied with on a future date. 2.  Delayed costs, which are costs that the regulated person delayed incurring by delaying compliance with a provision described in Table 2 or 3.  O. Reg. 222/07, s. 8 (1); O. Reg. 338/23, s. 6. (2) If the Director is of the opinion that a regulated person acquired a monetary benefit described in subsection (1), the Director shall, (a)  determine the time frame during which the regulated person acquired the monetary benefit; and (b)  determine the amount of the monetary benefit in accordance with the Ministry of the Environment publication entitled “Procedure for the Calculation of the Monetary Benefit Component of Environmental Penalties”, as amended from time to time. The document is available at the Ministry’s Public Information Centre and on the Ministry’s website.  O. Reg. 222/07, s. 8 (2).
Seriousness of contravention, contravention of s. 14 of the Act
 10. (1) The seriousness of a contravention specified in item 1 of Table 2 or item 1 of Table 3 is classified under this section.  O. Reg. 222/07, s. 10 (1); O. Reg. 338/23, s. 8. (2) A contravention is less serious if it is not classified as serious or very serious.  O. Reg. 222/07, s. 10 (2). (3) A contravention is serious if the contravention causes or may cause one or more of the following effects: 1.  Localized injury or damage to any animal life. 2.  Widespread or long-term interference with the normal conduct of business. 3.  Widespread or long-term loss of enjoyment of the normal use of property. 4.  Widespread damage to property, other than plant or animal life. 5.  Damage to property, other than plant or animal life, such that the property cannot be restored, within a reasonable time, to the condition that existed immediately before the discharge occurred.  O. Reg. 222/07, s. 10 (3). (4) A contravention is very serious if the contravention causes or may cause one or more of the following effects: 1.  Widespread injury or damage to plant or animal life. 2.  Harm or material discomfort to any person. 3.  An adverse effect on the health of any person. 4.  The impairment of the safety of any person.  O. Reg. 222/07, s. 10 (4).
Seriousness of contravention, contravention of s. 93 of the Act
 11. (1) The seriousness of a contravention specified in item 2 of Table 2 or item 2 of Table 3 is classified under this section.  O. Reg. 222/07, s. 11 (1); O. Reg. 338/23, s. 9. (2) A contravention is classified as less serious if the regulated person did everything practicable to prevent, eliminate and ameliorate the adverse effects resulting from the spill and to restore the natural environment, but did not do so forthwith.  O. Reg. 222/07, s. 11 (2). (3) A contravention is classified as serious if the regulated person took steps that had some effect in preventing, eliminating and ameliorating the adverse effects resulting from the spill or in restoring the natural environment.  O. Reg. 222/07, s. 11 (3). (4) A contravention is classified as very serious if the regulated person failed to take any effective steps to prevent, eliminate and ameliorate the adverse effects resulting from the spill or to restore the natural environment.  O. Reg. 222/07, s. 11 (4).
Seriousness of contravention, contravention of discharge limit
 12. (1) The seriousness of a contravention specified in item 3.1 to 4.1 of Table 2 or item 3 or 4 of Table 3 is classified under this section. O. Reg. 222/07, s. 12 (1); O. Reg. 254/11, s. 4 (1); O. Reg. 466/21, s. 3; O. Reg. 338/23, s. 10. (2) Where the limit specified in the regulation, order or environmental compliance approval requires a discharge to have a pH value, (a)  the contravention is classified as less serious if the discharge deviates from the pH value by less than 0.5; (b)  the contravention is classified as serious if the discharge deviates from the pH value by 0.5 or more but less than 1.0; and (c)  the contravention is classified as very serious if the discharge deviates from the pH value by 1.0 or more. O. Reg. 222/07, s. 12 (2); O. Reg. 254/11, s. 4 (2). (3) Where the limit specified in the regulation, order or environmental compliance approval does not relate to pH, (a)  the contravention is classified as less serious if the limit is exceeded by less than 50 per cent; (b)  the contravention is classified as serious if the limit is exceeded by 50 per cent or more but less than 100 per cent; and (c)  the contravention is classified as very serious if the limit is exceeded by 100 per cent or more. O. Reg. 222/07, s. 12 (3); O. Reg. 254/11, s. 4 (3). (4) Despite subsection (3), in respect of a contravention specified in item 3.1 or 3.3 of Table 2, (a)  the contravention is classified as less serious if the total discharge is less than 450 kilograms; (b)  the contravention is classified as serious if the total discharge is greater than or equal to 450 kilograms but less than 900 kilograms; and (c)  the contravention is classified as very serious if the total discharge is greater than or equal to 900 kilograms. O. Reg. 531/18, s. 1; O. Reg. 91/22, s. 2.
Seriousness of contravention, failure of acute lethality test
 13. A contravention specified in item 12.1 of Table 2 is classified as less serious. O. Reg. 222/07, s. 13; O. Reg. 254/11, s. 5; O. Reg. 466/21, s. 4.
Seriousness of contravention, contravention of settlement agreement
 14. (1) For a contravention specified in item 13 of Table 2 or item 10 of Table 3, the seriousness of the contravention is classified under this section if the provision of the agreement that was contravened required the regulated person to take steps to prevent, eliminate or reduce the discharge of a contaminant into the natural environment beyond those required by an Act of Ontario or Canada, by a regulation or instrument under an Act of Ontario or Canada, or by a public body.  O. Reg. 222/07, s. 14 (1); O. Reg. 338/23, s. 11. (2) A contravention is classified as less serious if the regulated person took steps to implement all of the provisions of the agreement mentioned in subsection (1), but not within the time specified in the agreement.  O. Reg. 222/07, s. 14 (2). (3) A contravention is classified as serious if the regulated person took steps to implement the provisions of the agreement mentioned in subsection (1), and those steps had some effect in preventing, eliminating or reducing the discharge of a material into the natural environment.  O. Reg. 222/07, s. 14 (3). (4) A contravention is classified as very serious if the regulated person failed to take any steps to implement the provisions of the agreement mentioned in subsection (1) that would have had some effect in preventing, eliminating or reducing the discharge of a material into the natural environment.  O. Reg. 222/07, s. 14 (4).
Seriousness of contravention, other contravention
 15. (1) The seriousness of any contravention not specifically mentioned in sections 10 to 14 is classified under this section.  O. Reg. 222/07, s. 15 (1). (2) A contravention is less serious if the contravention does not result in an adverse effect or interfere with the Ministry’s capacity to protect and conserve the natural environment, or have the potential to do either.  O. Reg. 222/07, s. 15 (2). (3) A contravention is serious if the contravention, (a)  interferes with the Ministry’s capacity to protect and conserve the natural environment or has the potential to do so; and (b)  does not result in an adverse effect and does not have the potential to do so.  O. Reg. 222/07, s. 15 (3). (4) A contravention is very serious if the contravention results in an adverse effect or has the potential to do so.  O. Reg. 222/07, s. 15 (4).
Reduction for environmental management system
 17. The Director shall grant a reduction to the gravity component equal to 5 per cent of the gravity component if, at the time of the contravention, the regulated person had in place an environmental management system for the plant or landfilling site that was audited within three years before the contravention, and the audit confirmed one of the following: 1.  That at the time of the audit, i.  the environmental management system was certified as meeting the standard set out in the document entitled “Environmental management systems –Requirements with guidance for use” and designated as CAN/CSA-ISO 14001:04, published by the Canadian Standards Association, as amended from time to time, by an environmental management systems registrar that has been accredited by, A.  the Standards Council of Canada, or B.  an accreditation body outside of Canada that is a signatory to the International Accreditation Forum Multilateral Recognition Arrangement, and ii.  the certification is recorded in a registry maintained by the registrar. 2.  That at the time of the audit, the environmental management system was determined to be compliant with the standard set out in the document referred to in paragraph 1 by a person who, i.  is not an employee at the plant or landfilling site or a contractor who routinely works at the plant or landfilling site, ii.  audits according to a code of practice that conforms with the document entitled “Guidelines for quality and/or environmental management systems auditing” and designated as CSA/ISO 19011:2003, published by the Canadian Standards Association, as amended from time to time, and iii.  is certified by, A.  an auditing certification body that has been accredited by the Standards Council of Canada, including the Canadian Environmental Certification Approvals Board, or B.  a body outside of Canada that is a signatory to the International Accreditation Forum Multilateral Recognition Arrangement. 3.  That at the time of the audit, the environmental management system was verified as meeting the requirements set out in the documents entitled “Ethic and Codes of Practice of Responsible Care: Commitment Package – Part I” and “The Responsible Care Way of Life... expectations of member and partner companies: Commitment Package – Part II” published by the Canadian Chemical Producers’ Association, as amended from time to time, by a person authorized by the Canadian Chemical Producers’ Association to audit environmental management systems.  O. Reg. 222/07, s. 17; O. Reg. 338/23, s. 13.
Reduction for agreement with the Director
 18. (1) In this section,  “B”, “C”, “D” and “E” have the same meanings as in subsection 7 (1); “F” is 0.75 × (B – C – D). O. Reg. 222/07, s. 18 (1). (2) If a regulated person enters into an agreement described in subsection (4) in respect of a contravention specified in item 9, 11, 12 or 12.2 of Table 2 or item 7, 8 or 9 of Table 3, the Director may grant a reduction to the gravity component that is less than or equal to the following amount: B – C – D O. Reg. 222/07, s. 18 (2); O. Reg. 254/11, s. 7 (1); O. Reg. 466/21, s. 6 (1); O. Reg. 338/23, s. 14. (3) If a regulated person enters into an agreement described in subsection (4) in respect of any other contravention, the Director may grant a reduction to the gravity component that is less than or equal to the following amount: 0.75 × (B – C – D) O. Reg. 222/07, s. 18 (3). (4) An agreement referred to in subsections (2) and (3) is an agreement with the Director under subsection 182.1 (9) of the Act that requires the regulated person to take steps to prevent, eliminate or reduce the discharge of a contaminant into the natural environment beyond those required by an Act of Ontario or Canada, by a regulation or instrument under an Act of Ontario or Canada, or by a public body. O. Reg. 222/07, s. 18 (4). (5) If the agreement described in subsection (4) is in respect of a contravention specified in item 9, 11, 12 or 12.2 of Table 2 or item 7, 8 or 9 of Table 3, the agreement is deemed to include a provision stating that the regulated person will spend on the implementation of the steps described in the agreement, (a)  an amount equal to (3 × E), if E is less than or equal to F; or (b)  an amount equal to (3 × F) + [5 × (E – F)], if E is greater than F. O. Reg. 222/07, s. 18 (5); O. Reg. 254/11, s. 7 (2); O. Reg. 466/21, s. 6 (2); O. Reg. 338/23, s. 14. (6) If the agreement described in subsection (4) is in respect of any other contravention, the agreement is deemed to include a provision stating that the regulated person will spend on the implementation of the steps described in the agreement, an amount equal to (3 × E). O. Reg. 222/07, s. 18 (6).