jswizzle3737/ontario_laws_and_regs huggingface dataset:
102.2 (1) This section applies to a hearing by the Tribunal under section 100 if, (a)  the hearing was required by a regulated person; (b)  the order that is the subject of the hearing is, (i)  an order made under subsection 106.1 (1), or (ii)  an order made under section 16, an order made under section 16.3 that amends an order made under section 16, or an order made under section 16.4 that confirms or alters an order made under section 16, unless the contravention in respect of which the order is made is prescribed by the regulations made under section 106.1 as a contravention in respect of which an order may not be issued under subsection 106.1 (1); and (c)  the order that is the subject of the hearing relates to a contravention described in clause 106.1 (1) (a).  2005, c. 12, s. 2 (26). Contraventions of s. 30 (1) (2) If this section applies to a hearing and the order that is the subject of the hearing relates to a contravention of subsection 30 (1), the person who required the hearing has the onus of proving that the material that was discharged into the natural environment is not material that may impair the quality of the water of any waters in the manner described in the order.  2005, c. 12, s. 2 (26). Contraventions of other discharge provisions (3) If this section applies to a hearing and the order that is the subject of the hearing relates to a discharge into the natural environment in contravention of a provision referred to in subclause 106.1 (1) (a) (ii), (iii) or (iv), the person who required the hearing has the onus of proving that the person did not contravene the provision.  2005, c. 12, s. 2 (26). Note: On a day to be named by proclamation of the Lieutenant Governor, section 102.2 of the Act is repealed. (See: 2019, c. 14, Sched. 8, s. 37) Section Amendments with date in force (d/m/y) 2005, c. 12, s. 2 (26)
- 01/08/2007 2019, c. 14, Sched. 8, s. 37 - not in force
102.3 (1) Any party to a hearing before the Tribunal under section 100 may appeal from its decision or order on a question of law to the Divisional Court in accordance with the rules of court. 2005, c. 12, s. 2 (27). (2) Repealed: 2021, c. 4, Sched. 10, s. 4 (3). Decision of Tribunal not automatically stayed on appeal (3) 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. 2005, c. 12, s. 2 (27); 2021, c. 4, Sched. 10, s. 4 (4). Divisional Court may grant or set aside stay (4) 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 (3). 2005, c. 12, s. 2 (27); 2021, c. 4, Sched. 10, s. 4 (5). Section Amendments with date in force (d/m/y) 2005, c. 12, s. 2 (27) - 13/06/2005 2021, c. 4, Sched. 10, s. 4 (3-5) - 01/06/2021
103 (1) A person who has authority under this Act to make a direction, order, notice or decision affecting land also has authority to make an order requiring any person with an interest in the land, before dealing with the land in any way, to give a copy of the direction, order, notice or decision affecting the land to every person who will acquire an interest in the land as a result of the dealing.  2001, c. 17, s. 5 (15). Registration of requirement (2) A certificate setting out a requirement imposed under subsection (1) may be registered in the proper land registry office on the title of the land to which the requirement relates, if the certificate is in a form approved by the Minister, is signed or authorized by a person who has authority to make orders imposing requirements under subsection (1) and is accompanied by a registrable description of the land.  2001, c. 17, s. 5 (15). Same (3) A requirement imposed under subsection (1) that is set out in a certificate registered under subsection (2) is, from the time of registration, deemed to be directed to each person who subsequently acquires an interest in the land.  2001, c. 17, s. 5 (15). Dealings voidable (4) A dealing with land by a person who is subject to a requirement imposed under subsection (1) or (3) is voidable at the instance of a person who was not given the copy of the direction, order, notice or decision in accordance with the requirement.  2001, c. 17, s. 5 (15). Registration of withdrawal of requirement (5) A certificate of withdrawal of a requirement imposed under subsection (1) or (3) may be registered in the proper land registry office on the title of the land to which the requirement relates, if the certificate is in a form approved by the Minister, is signed or authorized by a person who has authority to make orders imposing requirements under subsection (1) and is accompanied by a registrable description of the land.  2001, c. 17, s. 5 (15). Same (6) On the registration under the Registry Act of a certificate of withdrawal of a requirement in accordance with subsection (5), the land registrar may delete the entries in the abstract index of the certificate setting out the requirement and the certificate of withdrawal of the requirement.  2001, c. 17, s. 5 (15). Same (7) Registration of a certificate of withdrawal of a requirement in accordance with subsection (5) has the effect of revoking the requirement.  2001, c. 17, s. 5 (15). Transition (8) This section, as it read immediately before the day subsection 5 (15) of the Brownfields Statute Law Amendment Act, 2001 came into force, continues to apply in respect of prohibitions issued under this section before that day.  2001, c. 17, s. 5 (15). Section Amendments with date in force (d/m/y) 1998, c. 35, s. 68 (1, 2) - 01/02/1999 2001, c. 17, s. 5 (15)
- 01/10/2004
104 (1) In this section, “make” includes issue or give; (“prendre”) “order” includes direction, requirement or report. (“arrêté”)  R.S.O. 1990, c. O.40, s. 104 (1); 2007, c. 12, s. 1 (36). Intermediate actions, etc. (2) The authority to make an order under this Act includes the authority to require the person or body to whom the order is directed to take such intermediate action or such procedural steps or both as are related to the action required or prohibited by the order and as are specified in the order.  R.S.O. 1990, c. O.40, s. 104 (2). Access to land (3) A person who has authority under this Act to make an order requiring that a thing be done on land also has authority to make an order requiring any person who owns, occupies or has the charge, management or control of the land to permit access to the land for the purpose of doing the thing.  R.S.O. 1990, c. O.40, s. 104 (3). Applies to all orders (4) This section applies with respect to every order made under this Act whether or not the order was made before the 9th day of November, 1983.  R.S.O. 1990, c. O.40, s. 104 (4). Section Amendments with date in force (d/m/y) 2007, c. 12, s. 1 (36)
- 01/01/2015
104.1 The Director may revoke or cancel a permit, alter the terms and conditions of a permit or approval or make an order amending or revoking a direction, order, report, notice or approval issued by the Director under this Act if the Director is satisfied that the revocation, cancellation, alteration or amendment is in the public interest and is desirable for administrative reasons to, (a)  reflect changes that have occurred with respect to the identity or description of any person or place; or (b)  eliminate provisions that are spent or obsolete.  2001, c. 9, Sched. G, s. 6 (43). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. G, s. 6 (43) - 29/06/2001
105 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.  R.S.O. 1990, c. O.40, s. 105; 2001, c. 9, Sched. G, s. 6 (44); 2006, c. 21, Sched. C, s. 125 (2). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. G, s. 6 (44) - 29/06/2001 2006, c. 21, Sched. C, s. 125 (2) - 01/05/2007
107 (1) Every person that contravenes this Act or the regulations is guilty of an offence.  R.S.O. 1990, c. O.40, s. 107 (1). Offence re order, notice, direction (2) Every person that fails to comply with an order, notice, direction, requirement or report made under this Act, other than an order under section 84 or 106.1, is guilty of an offence.  R.S.O. 1990, c. O.40, s. 107 (2); 2005, c. 12, s. 2 (30). Offence re licence, permit, approval (3) Every person that contravenes a term or condition of a licence, permit or approval made under this Act is guilty of an offence.  R.S.O. 1990, c. O.40, s. 107 (3); 2005, c. 12, s. 2 (31). Offence re fees (4) Every person who fails to pay a fee that the person is required to pay under section 96 is guilty of an offence.  2001, c. 9, Sched. G, s. 6 (48). Exception when order, etc., complied with (5) Despite subsections (1), (2) and (3), a person to whom a direction, order, notice or report under this Act is directed who complies fully with the direction, order, notice or report shall not be prosecuted for or convicted of an offence in respect of the matter or matters dealt with in the direction, order, notice or report that occurs during the period within which the direction, order, notice or report is applicable.  2005, c. 12, s. 2 (32). Same (6) The protection from prosecution under subsection (5) does not include protection from the imposition of an environmental penalty.  2005, c. 12, s. 2 (32). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 107 (6) of the Act is amended by striking out “environmental penalty” at the end and substituting “administrative penalty”. (See: 2019, c. 14, Sched. 8, s. 39) Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. G, s. 6 (48) - 29/06/2001 2005, c. 12, s. 2 (30-32) - 13/06/2005 2019, c. 14, Sched. 8, s. 39 - not in force
108 (1) Every individual convicted of an offence under this Act, other than an offence described in subsection 109 (1), is liable, (a)  on a first conviction, for each day or part of a day on which the offence occurs or continues, to a fine of not more than $50,000; and (b)  on each subsequent conviction, (i)  for each day or part of a day on which the offence occurs or continues, to a fine of not more than $100,000, (ii)  to imprisonment for a term of not more than one year, or (iii)  to both such fine and imprisonment.  2005, c. 12, s. 2 (33). Same:  corporations (2) Every corporation convicted of an offence under this Act, other than an offence described in subsection 109 (1), is liable, (a)  on a first conviction, for each day or part of a day on which the offence occurs or continues, to a fine of not more than $250,000; and (b)  on each subsequent conviction, for each day or part of a day on which the offence occurs or continues, to a fine of not more than $500,000.  2005, c. 12, s. 2 (33). Section Amendments with date in force (d/m/y) 1998, c. 35, s. 71 - 01/02/1999 2005, c. 12, s. 2 (33)
- 13/06/2005
109 (1) Subsections (2) and (3) apply to the following offences: 1.  An offence under subsection 30 (1). 2.  An offence under subsection 107 (1) of, i.  contravening subsection 30 (1) or (2), ii.  contravening section 98, or iii.  contravening a provision of the regulations that establishes or has the effect of establishing a numerical limit, including a limit of zero, on the amount, concentration or level of anything that may be discharged to the natural environment. 3.  An offence under subsection 107 (2) of failing to comply with an order, direction, requirement or report made under this Act that establishes or has the effect of establishing a numerical limit, including a limit of zero, on the amount, concentration or level of anything that may be discharged to the natural environment. 4.  An offence under subsection 107 (3) of contravening a term or condition of a licence, permit or approval made under this Act that establishes or has the effect of establishing a numerical limit, including a limit of zero, on the amount, concentration or level of anything that may be discharged to the natural environment. 5.  An offence under subsection 116 (2) that relates to a contravention or failure to comply referred to in paragraph 1, 2, 3 or 4.  2005, c. 12, s. 2 (34). Corporations (2) Every corporation convicted of an offence described in subsection (1) is liable, for each day or part of a day on which the offence occurs or continues, to a fine of, (a)  not less than $25,000 and not more than $6,000,000 on a first conviction; (b)  not less than $50,000 and not more than $10,000,000 on a second conviction; and (c)  not less than $100,000 and not more than $10,000,000 on each subsequent conviction.  2005, c. 12, s. 2 (34). Individuals (3) Every individual convicted of an offence described in subsection (1) is liable, (a)  for each day or part of a day on which the offence occurs or continues, to a fine of, (i)  not less than $5,000 and not more than $4,000,000 on a first conviction, (ii)  not less than $10,000 and not more than $6,000,000 on a second conviction, and (iii)  not less than $20,000 and not more than $6,000,000 on each subsequent conviction; (b)  to imprisonment for a term of not more than five years less one day; or (c)  to both such fine and imprisonment.  2005, c. 12, s. 2 (34). Section Amendments with date in force (d/m/y) 1998, c. 35, s. 72 - 01/02/1999 2000, c. 22, s. 2 (5-7)
- 21/11/2000 2005, c. 12, s. 2 (34)
- 13/06/2005
110 In determining the number of a person’s previous convictions for the purpose of sections 108 and 109, the court shall include previous convictions of the person under, (a)  this Act; (b)  the Environmental Protection Act, other than for an offence related to Part IX of that Act; (b.1)  the Nutrient Management Act, 2002; (c)  the Pesticides Act; (d)  the Safe Drinking Water Act, 2002; or (e)  the Toxics Reduction Act, 2009.  R.S.O. 1990, c. O.40, s. 110; 1992, c. 23, s. 39 (9); 1993, c. 27, Sched.; 1998, c. 35, s. 73; 2002, c. 4, s. 65 (3); 2005, c. 12, s. 2 (35); 2007, c. 10, Sched. D, s. 2 (17); 2009, c. 19, s. 70 (9). Section Amendments with date in force (d/m/y) 1992, c. 23, s. 39 (9) - 01/07/1993; 1993, c. 27, Sched. - 31/12/1991; 1998, c. 35, s. 73 - 01/02/1999 2002, c. 4, s. 65 (3)
- 01/07/2003 2005, c. 12, s. 2 (35)
- 13/06/2005 2007, c. 10, Sched. D, s. 2 (17) - 04/06/2007 2009, c. 19, s. 70 (9)
- 01/01/2010
111 The 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.  R.S.O. 1990, c. O.40, s. 111.
112 (1) On its own initiative or on the request of the prosecutor, the 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 such action, including but not limited to providing a temporary or permanent alternate water supply, as 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; and (b)  to comply with any order, notice, direction, requirement or report made under this Act and directed to the person in relation to damage that results from or is in any way connected to the commission of the offence.  1998, c. 35, s. 74 (1); 2005, c. 12, s. 2 (37). Other conditions (2) An order under subsection (1) may contain such other conditions relating to the circumstances of the offence and of the person that contributed to the commission of the offence as the court considers appropriate to prevent similar unlawful conduct or to contribute to rehabilitation.  R.S.O. 1990, c. O.40, s. 112 (2); 2006, c. 19, Sched. K, s. 3 (5). Variation of order (3) The court that made an order under subsection (1) 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, (a)  on its own initiative at any time; 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, after a hearing or, with the consent of the parties, without a hearing.  2006, c. 21, Sched. C, s. 125 (3). Conflict (4) Nothing in subsection (1) authorizes the making of an order that conflicts with an order, notice, direction or requirement or prevents the implementation of a report previously made under this Act by the Minister or a Director, but an order may be made under subsection (1) supplementing the provisions of an order in respect of the prevention, decrease or elimination of harm to the environment and the restoration of the environment.  R.S.O. 1990, c. O.40, s. 112 (4). (5) Repealed:  1998, c. 35, s. 74 (2). Continuation in force (6) Where a person bound by an order under subsection (1) 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.  R.S.O. 1990, c. O.40, s. 112 (6). Section Amendments with date in force (d/m/y) 1998, c. 35, s. 74 (1, 2) - 01/02/1999 2005, c. 12, s. 2 (37)
- 13/06/2005 2006, c. 19, Sched. K, s. 3 (5) - 22/06/2006; 2006, c. 21, Sched. C, s. 125 (3) - 01/05/2007
112.3 (1) Where a person is convicted of an offence under this Act and a fine is imposed, (a)  a thing seized in connection with the offence and not forfeited to the Crown under section 21.1, 21.3 or 112.2 shall not be returned until the fine has been paid; and (b)  if payment of the fine is in default within the meaning of section 69 of the Provincial Offences Act, a justice may order that the thing be forfeited to the Crown. Application of subsections 112.2 (2) to (6) (2) Subsections 112.2 (2) to (6) apply with necessary modifications in relation to an order under clause (1) (b).  1998, c. 35, s. 75. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 75 - 01/02/1999
112.4 If a person is convicted of an offence under this Act, the justice may, in addition to any other penalty, order the person to pay all or part of the expenses incurred by the Ministry with respect to the seizure, storage or disposition of any thing seized in connection with the offence.  1998, c. 35, s. 75. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 75 - 01/02/1999
113 (1) Where a person is in default of payment of a fine imposed upon conviction for an offence against this Act, the Environmental Protection Act, the Nutrient Management Act, 2002, 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 the Director, an order may be made under subsection 69 (2) of the Provincial Offences Act
directing that, (a)  one or more of the person’s licences be suspended; and (b)  no licence be issued to the person, until the fine is paid.  R.S.O. 1990, c. O.40, s. 113 (1); 2002, c. 4, s. 65 (4); 2007, c. 10, Sched. D, s. 2 (18); 2009, c. 19, s. 70 (10). Duty of Director (2) The Director shall, (a)  on being informed of an outstanding order referred to in subsection (1), suspend the person’s licence, if it is not already suspended under another order referred to in subsection (1); and (b)  on being informed that the fine and any applicable prescribed administrative fee for the reinstatement of the licence are paid, reinstate the licence, unless the Director has been informed that, (i)  there is another outstanding order referred to in subsection (1) directing that the licence be suspended, or (ii)  the licence is suspended under any other order or under another statute.  R.S.O. 1990, c. O.40, s. 113 (2). Regulations (3) The Lieutenant Governor in Council may make regulations prescribing forms and procedures and respecting any matter considered necessary or advisable to carry out effectively the intent and purpose of this section.  R.S.O. 1990, c. O.40, s. 113 (3). Definition (4) In this section, “licence” means a licence or permit under this Act or the regulations.  R.S.O. 1990, c. O.40, s. 113 (4). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. G, s. 6 (49) - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2011 2002, c. 4, s. 65 (4)
- 01/07/2003 2007, c. 10, Sched. D, s. 2 (18) - 04/06/2007 2009, c. 19, s. 70 (10)
- 01/01/2010
114 For the purposes of this Act and the regulations, an act or thing done or omitted to be done by an officer, official, employee or agent of a corporation in the course of his or her employment or in the exercise of his or her powers or the performance of his or her duties shall be deemed to be also an act or thing done or omitted to be done by the corporation.  R.S.O. 1990, c. O.40, s. 114.
115 (1) In this section, “official document” means, (a)  an approval, certificate, consent, licence, notice, permit, order or return under this Act or the regulations, (b)  a certificate as to service of a document mentioned in clause (a), (c)  a certificate or report as to the analysis, description, ingredients, quality, quantity or temperature of any solid, liquid or gas or any combination of any of them, (d)  a certificate or report as to the analysis, description, quality or quantity of any odour, heat, sound, vibration, radiation or any combination of any of them, (e)  a certificate or report as to the custody of any solid, liquid or gas or any combination of any of them, (f)  a certificate as to the custody of any book, record or report or as to the custody of any other document, or (g)  a certificate as to whether or not any document or notification was received or issued by the Minister or the Ministry under this Act or the regulations. Same (2) An official document, other than an official document mentioned in clause (1) (c) or (d), that purports to be signed by the Minister 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 official document without proof of the signature or position of the person appearing to have signed the official document. Idem (3) An official document mentioned in clause (1) (c), (d) or (e) 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 official document without proof of the signature or position of the person appearing to have signed the official document.  R.S.O. 1990, c. O.40, s. 115. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 76 - see
Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2011
116 (1) Every director or officer of a corporation has a duty to take all reasonable care to prevent the corporation from, (a)  discharging or causing or permitting the discharge of any material, in contravention of, (i)  this Act or the regulations, or (ii)  a licence, permit or approval under this Act; (b)  failing to notify the Ministry of a discharge of any material, in contravention of, (i)  this Act or the regulations, or (ii)  a licence, permit or approval under this Act; (c)  contravening section 98; (d)  failing to install, maintain, operate, replace or alter any equipment or other thing, in contravention of a licence, permit or approval under this Act; or (e)  contravening an order, direction, notice or report under this Act, other than an order under section 84 or 106.1.  2005, c. 12, s. 2 (41). Offence (2) Every person who has a duty under subsection (1) and who fails to carry out that duty is guilty of an offence.  R.S.O. 1990, c. O.40, s. 116 (2). Onus (2.1) If a director or officer of a corporation is charged with an offence under subsection (2) in connection with a specific contravention of the corporation, the director or officer has the onus, in the trial of the offence, of proving that he or she carried out the duty under subsection (1) in connection with that contravention.  2005, c. 12, s. 2 (42). Liability to conviction (3) A director or officer of a corporation is liable to conviction under this section whether or not the corporation has been prosecuted or convicted.  R.S.O. 1990, c. O.40, s. 116 (3). Section Amendments with date in force (d/m/y) 2005, c. 12, s. 2 (41, 42) - 13/06/2005 ______________  Français
as may be directed from time to time by order of the Director. Idem (2) If an industrial or commercial enterprise makes no arrangements for the collection, transmission, treatment or disposal of sewage, a Director may require such industrial or commercial enterprise, (a)  to make investigations and submit reports to the Director in respect of the collection, transmission, treatment or disposal of sewage; (b)  to install, construct or arrange such facilities for the collection, transmission, treatment or disposal of sewage; and (c)  to maintain, keep in repair and operate such facilities, as may be directed from time to time by order of the Director.  R.S.O. 1990, c. O.40, s. 91.
until the fine is paid.  R.S.O. 1990, c. O.40, s. 113 (1); 2002, c. 4, s. 65 (4); 2007, c. 10, Sched. D, s. 2 (18); 2009, c. 19, s. 70 (10). Duty of Director (2) The Director shall, (a)  on being informed of an outstanding order referred to in subsection (1), suspend the person’s licence, if it is not already suspended under another order referred to in subsection (1); and (b)  on being informed that the fine and any applicable prescribed administrative fee for the reinstatement of the licence are paid, reinstate the licence, unless the Director has been informed that, (i)  there is another outstanding order referred to in subsection (1) directing that the licence be suspended, or (ii)  the licence is suspended under any other order or under another statute.  R.S.O. 1990, c. O.40, s. 113 (2). Regulations (3) The Lieutenant Governor in Council may make regulations prescribing forms and procedures and respecting any matter considered necessary or advisable to carry out effectively the intent and purpose of this section.  R.S.O. 1990, c. O.40, s. 113 (3). Definition (4) In this section, “licence” means a licence or permit under this Act or the regulations.  R.S.O. 1990, c. O.40, s. 113 (4). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. G, s. 6 (49) - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2011 2002, c. 4, s. 65 (4)
- 01/07/2003 2007, c. 10, Sched. D, s. 2 (18) - 04/06/2007 2009, c. 19, s. 70 (10)
- 01/01/2010