89.2 (1) If a record of site condition is filed in the Registry in accordance with section 168.4 of the Environmental Protection Act with respect to a property, no order shall be issued to any of the following persons under section 16, 16.1 or 32 in respect of material that was discharged into the natural environment before the certification date and was on, in or under the property as of the certification date: 1.  The person who filed or who submitted for filing the record of site condition or a subsequent owner of the property. 2.  A person who is in occupation of the property or who was in occupation of the property at any time after the record of site condition was filed. 3.  A person who has charge, management or control of the property or who had charge, management or control of the property at any time after the record of site condition was filed. 4.  A person who meets the requirements prescribed by the regulations referred to in paragraph 4 of subsection 168.7 (1) of the Environmental Protection Act and who, before the certification date, i.  owned the property, ii.  was in occupation of the property, or iii.  had charge, management or control of the property.  2001, c. 17, s. 5 (12); 2007, c. 7, Sched. 30, s. 2 (1, 2). False or misleading information, etc. (2) Subsection (1) does not apply if the record of site condition contains false or misleading information or false or misleading certifications.  2007, c. 7, Sched. 30, s. 2 (3). Material that moves to other property (3) Subsection (1) does not apply if, after the certification date, any of the material moved from the property to which the record of site condition relates to another property.  2001, c. 17, s. 5 (12). Sewage works and water works (4) Despite subsection (1), if a sewage works or water works is located on the property to which the record of site condition relates, an order may be issued under section 16.1 or 32 in respect of the sewage works or water works.  2001, c. 17, s. 5 (12). Order if material moves (4.1) Despite subsection (3), if, after the certification date, any of the material moved from the land or water on, in or under the property for which a record of site condition has been filed to another property as a result of a person contravening, (a)  a term or condition of a certificate of property use or of an order referred to in clause 168.7 (5) (b) of the Environmental Protection Act; or (b)  a provision of a regulation referred to in subsection 168.7 (6) of that Act, subsection (1) does not apply, but solely in respect of that person.  2007, c. 7, Sched. 30, s. 2 (5). Consent order (5) Subsection (1) does not apply if the person to whom the order is issued consents in writing to the order.  2001, c. 17, s. 5 (12). Interpretation (6) This section shall not be construed as affecting any cause of action that a person would have in the absence of this section.  2001, c. 17, s. 5 (12). Section Amendments with date in force (d/m/y) 2001, c. 17, s. 5 (12)
- 01/10/2004 2007, c. 7, Sched. 30, s. 2 (1, 3, 5) - 17/05/2007; 2007, c. 7, Sched. 30, s. 2 (2) - 01/07/2011; 2007, c. 7, Sched. 30, s. 2 (4) - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2017 89.2.1 Section Amendments with date in force (d/m/y) 2007, c. 7, Sched. 30, s. 3 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2017