jswizzle3737/ontario_laws_and_regs huggingface dataset:
33 (1) An area may be defined by a Director that includes a source of public water supply, (a)  wherein no person shall swim or bathe; (b)  wherein no material of any kind that may impair the quality of water therein shall be placed, discharged or allowed to remain; or (c)  wherein no act shall be done and no water shall be taken that may unduly diminish the amount of water available in such area as a public water supply, and thereupon the person who has a right to use the water from such source for the purpose of a public water supply shall give notice of the area so defined by publication, posting or otherwise as the Director considers necessary for the protection of the source of public water supply. Offences (2) Every person, (a)  who swims or bathes within an area defined under clause (1) (a); (b)  who places, discharges or allows to remain within an area defined under clause (1) (b) any material of any kind that may impair the quality of the water therein; or (c)  who does any act or takes water within an area defined under clause (1) (c) so that the amount of water available within the area as a public water supply may be unduly diminished, is guilty of an offence. Exception (3) Subsection (2) does not apply where the act or the taking of water that may unduly diminish the amount of water available as a public water supply within an area defined under subsection (1) was commenced before the notice of the area is given as required under subsection (1).  R.S.O. 1990, c. O.40, s. 33.
33.1 (1) The Director may issue an order described in subsection (2) to a person described in subsection (3) if the order is necessary, in the opinion of the Director, for the purposes of this Act, and, (a)  water is flowing, leaking or being released from, or is likely to flow, leak or be released from, any well or other hole or excavation in the ground; or (b)  water is being diverted by, or is likely to be diverted by, any well or any other hole or excavation in the ground.  2007, c. 12, s. 1 (6). Types of orders (2) The order may require the person to whom it is issued, in such manner and within such time as may be set out in the order, (a)  to stop, prevent, regulate or control the flowing, leaking, release or diversion of water; or (b)  to study or monitor the flowing, leaking, release or diversion of water, to make records of the results of the study or of the monitoring, and to report the results to the Director.  2007, c. 12, s. 1 (6). Person (3) The order may be issued to, (a)  the person who owns the land on which the well, hole or excavation is located; (b)  the person who constructed or caused the construction of the well, hole or excavation; or (c)  the person who manages or controls the well, hole or excavation.  2007, c. 12, s. 1 (6). Section Amendments with date in force (d/m/y) 2007, c. 12, s. 1 (6)
- 01/01/2015
34.2 (1) A provincial officer may issue an order under this section to any person if the provincial officer reasonably believes that, (a)  the person is taking water; and (b)  the means used to take the water has the capacity to take water in an amount exceeding 50,000 litres per day.  2007, c. 12, s. 1 (10). Information to be included 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)  state that a review of the order may be requested in accordance with subsection (4).  2007, c. 12, s. 1 (10). What the order may require (3) The order may require the person to whom it is directed, (a)  to monitor and record the amount of water taken each day, for a period specified in the order; and (b)  to submit to a provincial officer, within the time specified in the order, a report setting out the amounts recorded.  2007, c. 12, s. 1 (10). Amendment, revocation and review (4) Sections 16.3 and 16.4 apply, with necessary modifications, to an order under subsection (1).  2007, c. 12, s. 1 (10). Section Amendments with date in force (d/m/y) 2007, c. 12, s. 1 (10)
- 04/06/2007
34.3 (1) For the purposes of this Act, Ontario is divided into the following three water basins: 1.  The Great Lakes-St. Lawrence River Basin, which consists of, i.  the part of Ontario the water of which drains into the Great Lakes or the St. Lawrence River, including the parts of the Great Lakes and of the St. Lawrence River that are within Ontario, or ii.  if the boundaries of the area described by subparagraph i are described more specifically by the regulations, the area within those boundaries. 2.  The Nelson Basin, which consists of, i.  the part of Ontario the water of which drains into the Nelson River, or ii.  if the boundaries of the area described by subparagraph i are described more specifically by the regulations, the area within those boundaries. 3.  The Hudson Bay Basin, which consists of, i.  the part of Ontario, not included in the Nelson Basin, the water of which drains into Hudson Bay or James Bay, or ii.  if the boundaries of the area described by subparagraph i are described more specifically by the regulations, the area within those boundaries.  2007, c. 12, s. 1 (10). Prohibition (2) A person shall not take water from a water basin described in subsection (1) if the person will cause or permit the water to be transferred out of the basin.  2007, c. 12, s. 1 (10). Exceptions (3) Subsection (2) does not apply if the transfer of water out of the water basin is one of the following: 1.  A transfer of water that is in a container having a volume of 20 litres or less. 2.  A transfer of water that occurs when a product other than water is manufactured or produced in the water basin, using water from that basin, and the product is then transferred out of that basin. 3.  A transfer of water that is necessary for the operation of a vehicle, vessel or other form of transport that the water is transferred in, including water that is for the use of people, livestock or poultry in or on the vehicle, vessel or other form of transport. 4.  A transfer of water for the purpose of firefighting or other emergency purposes. 5.  A transfer of water by an undertaking that commenced before January 1, 1998, if the amount of water transferred out of the water basin in any calendar year after December 31, 1997 does not exceed the highest amount of water transferred out of the basin by the undertaking in any calendar year after December 31, 1960 and before January 1, 1998. 6.  A transfer of water pursuant to the order of the Lieutenant Governor in Council dated October 2, 1913 respecting the Greater Winnipeg Water District.  2007, c. 12, s. 1 (10). No permit (4) A permit shall not be issued, amended or renewed under section 34.1 if water taken under the permit is to be taken from a water basin described in subsection (1) and transferred out of the basin contrary to subsection (2).  2007, c. 12, s. 1 (10, 11). Section Amendments with date in force (d/m/y) 2007, c. 12, s. 1 (10)
- 04/06/2007; 2007, c. 12, s. 1 (11)
- 01/01/2015
34.4 (1) The Great Lakes-St. Lawrence River Basin Sustainable Water Resources Agreement of 2005 is recognized as one of the means by which the waters of the Great Lakes-St. Lawrence River Basin are conserved, protected and managed.  2007, c. 12, s. 1 (10). Agreement’s recognition of precautionary principle (2) The agreement referred to in subsection (1) recognizes that, where there are threats of serious or irreversible damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation.  2007, c. 12, s. 1 (10). Section Amendments with date in force (d/m/y) 2007, c. 12, s. 1 (10)
- 04/06/2007
34.5 (1) In this section and in sections 34.6 to 34.8, “effective date” means the day subsection 1 (12) of the Safeguarding and Sustaining Ontario’s Water Act, 2007
comes into force; (“date d’entrée en vigueur”) “Great Lakes watershed” means a watershed listed in subsection (2); (“bassin hydrographique des Grands Lacs”) “increased transfer” means a transfer that would arise from an existing water taking where water is currently being transferred and an additional amount of water would be transferred; (“transfert augmenté”) “new or increased transfer amount” means, (a)  in the case of a new transfer, the amount of water that would be transferred, and (b)  in the case of an increased transfer, the additional amount of water that would be transferred; (“quantité d’eau du nouveau transfert ou du transfert augmenté”) “new transfer” means a transfer that would arise from, (a)  a new water taking, or (b)  an existing water taking where no water is currently being transferred; (“nouveau transfert”) “related transferor”, when used with reference to a permit, means, (a)  a person who does not take water under the permit but transfers water that has been taken under the permit, or (b)  a person who, (i)  does not take water under the permit but distributes water that, (A)  has been taken under the permit, and (B)  has been or will be transferred, and (ii)  belongs to a class of persons that is prescribed by the regulations; (“auteur de transfert secondaire”) “threshold amount” means 379,000 litres or more of water on any day or, if a regulation is made prescribing the manner of calculating average amounts of water, an average of 379,000 litres or more of water per day; (“quantité seuil”) “transfer” means a transfer of water from one Great Lakes watershed to another. (“transfert”)  2007, c. 12, s. 1 (12). Great Lakes watersheds (2) For the purposes of this section and sections 34.6 to 34.8, the Great Lakes-St. Lawrence River Basin is divided into the following five watersheds, each of which consists of the area described by the regulations: 1.  The Lake Superior watershed. 2.  The Lake Huron watershed. 3.  The Lake Erie watershed. 4.  The Lake Ontario watershed. 5.  The St. Lawrence River watershed.  2007, c. 12, s. 1 (12). Section Amendments with date in force (d/m/y) 2007, c. 12, s. 1 (12)
- 01/01/2015
34.8 (1) The Director may, on the request of a holder and in accordance with the regulations, deem the holder to currently be transferring an amount of water specified by the Director for the purposes of sections 34.5 to 34.7.  2007, c. 12, s. 1 (12). Deadline for request (2) Subsection (1) applies only if the request is made before the second anniversary of the day subsection 1 (12) of the Safeguarding and Sustaining Ontario’s Water Act, 2007
comes into force.  2007, c. 12, s. 1 (12). Information (3) If a request is made under subsection (1), the holder shall submit with the request any information prescribed by the regulations and any additional information specified by the Director.  2007, c. 12, s. 1 (12). Section Amendments with date in force (d/m/y) 2007, c. 12, s. 1 (12)
- 01/01/2015
34.9 In sections 34.10 and 34.11, “reciprocating jurisdiction” means any of the following that has been prescribed as a reciprocating jurisdiction by the regulations: 1.  The Province of Quebec. 2.  The states of Illinois, Indiana, Michigan, Minnesota, New York, Ohio and Wisconsin. 3.  The Commonwealth of Pennsylvania.  2007, c. 12, s. 1 (12). Section Amendments with date in force (d/m/y) 2007, c. 12, s. 1 (12)
- 01/01/2015 Proceedings before the Tribunal
34.10 (1) The Director shall give written notice of a decision described in subsection (2) to each reciprocating jurisdiction.  2007, c. 12, s. 1 (12). Application of subs. (1) (2) Subsection (1) applies to a decision of the Director under section 34.1 that relates to a taking of water from the Great Lakes-St. Lawrence River Basin if, (a)  one or more criteria described in subsection 34.6 (3) apply to the decision; or (b)  the decision is one that is specified in the regulations made under clause 75 (1.2) (b).  2007, c. 12, s. 1 (12). Entitlement to require hearing (3) Each reciprocating jurisdiction may, by written notice served on the Director and the Tribunal within 15 days after notice is given under subsection (1), require a hearing by the Tribunal.  2007, c. 12, s. 1 (12). Extension of time (4) The Tribunal shall extend the time in which notice may be given under subsection (3) if, in the opinion of the Tribunal, it is just to do so because service of the notice referred to in subsection (1) did not give the reciprocating jurisdiction notice of the decision.  2007, c. 12, s. 1 (12). Parties (5) The parties to the hearing are: 1.  The reciprocating jurisdiction that requires the hearing. 2.  The Director. 3.  The applicant or permit holder to whom the decision under section 34.1 relates. 4.  Any other persons specified by the Tribunal.  2007, c. 12, s. 1 (12). New hearing (6) The hearing shall be a new hearing.  2007, c. 12, s. 1 (12). Powers of Tribunal (7) The Tribunal may, (a)  confirm, alter or revoke the decision of the Director that is the subject-matter of the hearing; (b)  by order, direct the Director to take any action that the Tribunal considers he or she should take in accordance with this Act and the regulations; and (c)  for the purposes of clauses (a) and (b), substitute its opinion for that of the Director.  2007, c. 12, s. 1 (12). Application of ss. 101, 102 and 102.3 (8) Subject to subsection (9), sections 101, 102 and 102.3 apply, with necessary modifications, with respect to the hearing.  2007, c. 12, s. 1 (12). Contents of notice (9) In addition to the information required by subsection 101 (1), a reciprocating jurisdiction that requires a hearing under this section shall, in the notice requiring the hearing, set out, (a)  the criteria described in subsection 34.6 (3) that should have been satisfied, and the reasons why they should have been satisfied; or (b)  why the decision is one that is specified in the regulations made under clause 75 (1.2) (b).  2007, c. 12, s. 1 (12). Section Amendments with date in force (d/m/y) 2007, c. 12, s. 1 (12)
- 01/01/2015
34.11 When a decision relating to taking water from the Great Lakes-St. Lawrence River Basin is made under section 34.1, each reciprocating jurisdiction has the same standing as the person most directly affected by the decision to bring an application for judicial review under the Judicial Review Procedure Act, but only if one of the following conditions is satisfied:   1.  The decision is alleged to have contravened subsection 34.3 (4). 2.  In the case of a decision made by the Director, i.  one or more of the criteria set out in subsection 34.6 (3) apply, or ii.  the decision is one that is specified in the regulations made under clause 75 (1.2) (b). 3.  The decision is made by the Minister.  2007, c. 12, s. 1 (12). Section Amendments with date in force (d/m/y) 2007, c. 12, s. 1 (12)
- 01/01/2015 Efficient Use of Water
34.12 (1) This section applies to appliances and products prescribed by the regulations.  2010, c. 19, Sched. 5, s. 1. Appliances and products, efficiency standards (2) No person shall offer for sale, sell or lease an appliance or product to which this section applies unless, (a)  the appliance or product meets the efficiency standard or requirement prescribed by the regulations with respect to the appliance or product; and (b)  a label or other marking prescribed by the regulations that confirms compliance with the efficiency standards or requirements prescribed by the regulations in respect of the appliance or product is affixed to the appliance or product or provided with the appliance or product in the manner and under the circumstances prescribed by the regulations.  2010, c. 19, Sched. 5, s. 1. Labels (3) No person shall affix to or provide with an appliance or product to which this section applies a label or other marking prescribed by the regulations unless the appliance or product meets the efficiency standard or requirement prescribed by the regulations with respect to the appliance or product.  2010, c. 19, Sched. 5, s. 1. Application of subs. (2) (4) Subsection (2) does not apply to, (a)  an appliance or product that is manufactured on or before a date prescribed by the regulations and that is sold or leased on or before a date prescribed by the regulations; or (b)  a person who is not in the business of offering for sale, selling or leasing appliances or products to which this section applies.  2010, c. 19, Sched. 5, s. 1. Section Amendments with date in force (d/m/y) 2010, c. 19, Sched. 5, s. 1 - 29/11/2010 Wells
35 (1) In this section and in sections 36 to 50 and subsection 75 (2), “construct”, when used with respect to a well, means bore, dig, drill or otherwise make, extend or alter; (“construire”) “licensee” means the holder of a well contractor licence or a well technician licence, as the case requires; (“titulaire d’une licence”) “well construction permit” means a permit referred to in section 36; (“permis de construction de puits”) “well contractor licence” means a licence referred to in section 39; (“licence d’entrepreneur en construction de puits”) “well technician licence” means a licence referred to in section 43. (“licence de technicien en construction de puits”)  R.S.O. 1990, c. O.40, s. 35 (1); 2000, c. 26, Sched. F, s. 13 (7); 2001, c. 9, Sched. G, s. 6 (7, 8); 2007, c. 12, s. 1 (13). Interpretation: works or equipment (2) For the purposes of this section, sections 36 to 50 and subsection 75 (2), installing equipment in or connected to a well shall be deemed to be the constructing of a well.  R.S.O. 1990, c. O.40, s. 35 (2); 2001, c. 9, Sched. G, s. 6 (9). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. F, s. 13 (7) - 06/12/2000 2001, c. 9, Sched. G, s. 6 (7-9) - 29/06/2001 2007, c. 12, s. 1 (13)
- 04/06/2007
36 Subject to section 47.3 of the Environmental Protection Act, no person shall construct a well in an area designated by the regulations except under and in accordance with a well construction permit issued by a Director.  R.S.O. 1990, c. O.40, s. 36; 2009, c. 12, Sched. H, s. 2. Section Amendments with date in force (d/m/y) 2009, c. 12, Sched. H, s. 2 - 24/09/2009
37 Subject to section 38, any person who applies in accordance with this Act and the regulations for a well construction permit and who pays the prescribed fee is entitled to be issued the permit.  R.S.O. 1990, c. O.40, s. 37. Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. G, s. 6 (10) - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2011
38 A Director may refuse to issue or to renew or may revoke a well construction permit, may impose terms and conditions in issuing or renewing or after issuing or renewing a well construction permit and may alter the terms and conditions of a well construction permit that has been issued or renewed where the Director is of the opinion, upon reasonable and probable grounds, that, (a)  the proposed well or its operation would contravene this Act or the regulations or any other Act or a regulation under any other Act; (b)  there is or is likely to be danger to the health or safety of any person; (c)  there is or is likely to be harm or material discomfort to any person; (d)  there is or is likely to be impairment of the quality of any air, land or water for any use that is being or is likely to be made of it; (e)  there is or is likely to be reduction of the quantity of water available for any use that is being or is likely to be made of it; (f)  there is or is likely to be injury or damage to any property or to plant or animal life; (g)  any property or plant or animal life is or is likely to be rendered, directly or indirectly, unfit for use by people; (h)  there is or is likely to be loss of enjoyment of the normal use of any property; (i)  there is or is likely to be interference with the normal conduct of any business; or (j)  there is a breach of a term or condition of the permit.  R.S.O. 1990, c. O.40, s. 38.
39 No person shall engage in the business of constructing wells except under and in accordance with a well contractor licence issued by a Director or unless exempt under the regulations.  R.S.O. 1990, c. O.40, s. 39.
40 Subject to sections 41 and 42, a Director shall issue a well contractor licence to any applicant therefor who is qualified for the licence under sections 35 to 50 and the regulations and has paid the prescribed fee.  R.S.O. 1990, c. O.40, s. 40; 2001, c. 9, Sched. G, s. 6 (11). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. G, s. 6 (11) - 29/06/2001; 2001, c. 9, Sched. G, s. 6 (12) - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2011
41 A Director may refuse to issue a well contractor licence where the Director is of the opinion, upon reasonable and probable grounds, that, (a)  the past conduct of the applicant or, where the applicant is a corporation, of its officers or directors affords grounds for belief that the business of constructing wells will not be operated in accordance with the law and with honesty and integrity; (b)  the applicant or, where the applicant is a corporation, its officers or directors are not competent to engage in the business of constructing wells; (c)  the applicant is not in a position to observe or carry out the provisions of sections 35 to 50, the regulations and the licence; or (d)  the applicant or, where the applicant is a corporation, its officers or directors have been grossly negligent in carrying on the business of constructing wells under the authority of a licence issued under section 40 or a predecessor of that section.  R.S.O. 1990, c. O.40, s. 41; 2001, c. 9, Sched. G, s. 6 (13). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. G, s. 6 (13) - 29/06/2001
42 A Director may revoke or suspend or may refuse to renew a well contractor licence where the Director is of the opinion, upon reasonable and probable grounds, that, (a)  any person has made a false statement in any material part of the application for the licence or a renewal thereof or of any report, document or other information required to be furnished by this Act or the regulations or any other Act or a regulation under any other Act that relates to wells; (b)  the past conduct of the licensee or, where the licensee is a corporation, of its officers or directors affords grounds for belief that the business of constructing wells has not been operated or will not be operated in accordance with the law and with honesty and integrity; (c)  the licensee is in contravention of sections 35 to 50 or the regulations; (d)  a change in the officers or directors of a corporation that is a licensee affords grounds for refusing to issue a licence under clause 41 (a), (b) or (d); (e)  the services that can be provided by the licensee have been misrepresented; (f)  the licensee is not competent to carry on or has been grossly negligent in carrying on the business of constructing wells; or (g)  the licensee is not in a position to observe or carry out the provisions of sections 35 to 50, the regulations or the licence.  R.S.O. 1990, c. O.40, s. 42; 2001, c. 9, Sched. G, s. 6 (14, 15). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. G, s. 6 (14, 15) - 29/06/2001
43 (1) No person shall work at the construction of wells except under and in accordance with a well technician licence of a class prescribed by the regulations or unless exempt under the regulations.  R.S.O. 1990, c. O.40, s. 43 (1); 2001, c. 9, Sched. G, s. 6 (16). Proof of employment (2) For the purposes of this section, proof of work on one occasion at the construction of a well is sufficient to establish work at the construction of wells.  R.S.O. 1990, c. O.40, s. 43 (2). Exception (3) Subsection (1) does not apply, (a)  to a person who works at the construction of a well on land owned by the person or by a member of the person’s household; or (b)  to a person who works without remuneration for another person at the construction of a well on land owned by the other person or by a member of the other person’s household.  R.S.O. 1990, c. O.40, s. 43 (3). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. G, s. 6 (16) - 29/06/2001
44 Subject to sections 45 and 46, a Director shall issue a well technician licence of a class prescribed by the regulations to any applicant therefor who is qualified for the licence under sections 35 to 50 and the regulations and has paid the prescribed fee.  R.S.O. 1990, c. O.40, s. 44; 2001, c. 9, Sched. G, s. 6 (17). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. G, s. 6 (17) - 29/06/2001; 2001, c. 9, Sched. G, s. 6 (18) - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2011
45 A Director may refuse to issue a well technician licence where the Director is of the opinion, upon reasonable and probable grounds, that the applicant is not competent to carry on the activities that would be authorized by the licence.  R.S.O. 1990, c. O.40, s. 45.
46 A Director may revoke or suspend or may refuse to renew a well technician licence where the Director is of the opinion, upon reasonable and probable grounds, that, (a)  any person has made a false statement in any material part of the application for the licence or a renewal thereof or of any report, document or other information required to be furnished by this Act or the regulations or any other Act or a regulation under any other Act that applies to the construction of wells; (b)  the licensee is in contravention of sections 35 to 50 or the regulations; or (c)  the licensee is not competent to carry on or has been grossly negligent in carrying on the activities that are authorized by the licence.  R.S.O. 1990, c. O.40, s. 46; 2001, c. 9, Sched. G, s. 6 (19). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. G, s. 6 (19) - 29/06/2001 Review, refusal to issue, etc., well permit or licences
48 (1) Upon application by the Director and subject to subsection (4), the Tribunal may order that a proposal under section 47 may be carried out at once although a hearing is or may be required under that section or that the applicant, permittee or licensee fails to appear on the hearing of the application or the Tribunal may make a decision not to make such an order.  R.S.O. 1990, c. O.40, s. 48 (1); 2000, c. 26, Sched. F, s. 13 (13). Notice (2) An application under subsection (1) must be made on not less than three full days notice to the applicant, permittee or licensee.  R.S.O. 1990, c. O.40, s. 48 (2). Appearance by respondent (3) The respondent to an application under subsection (1) may, (a)  appear in person or by a person authorized under the Law Society Act to represent the respondent at the hearing of the application; or (b)  make submissions to the Tribunal by telephone or other means for consideration at the hearing.  2006, c. 21, Sched. C, s. 125 (1). Grounds for order (4) The Tribunal may make an order under subsection (1) only where the Tribunal is satisfied that the order is necessary for the protection of the public or of any member of the public.  R.S.O. 1990, c. O.40, s. 48 (4); 2000, c. 26, Sched. F, s. 13 (13). Order may be subject to conditions (5) An order or a decision under subsection (1) may be made subject to such conditions as the Tribunal considers appropriate.  R.S.O. 1990, c. O.40, s. 48 (5); 2000, c. 26, Sched. F, s. 13 (13). When order terminates (6) An order under subsection (1) and a proposal carried out in accordance with the order are effective until final disposition of the hearing and any appeal.  R.S.O. 1990, c. O.40, s. 48 (6). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. F, s. 13 (13) - 06/12/2000 2006, c. 21, Sched. C, s. 125 (1) - 01/05/2007
49 (1) Every well construction permit, every well contractor licence and every well technician licence expires on the 31st day of March in the year next following the year of its issue or renewal.  R.S.O. 1990, c. O.40, s. 49 (1). Continuation of licence pending renewal (2) Where a licensee has applied for a renewal of his, her or its licence and paid the prescribed fee before expiry of the licence, the licence shall be deemed to continue, (a)  until the renewal is granted; or (b)  where the licensee is served with notice that the Director proposes to refuse to grant the renewal, until the time for serving notice requiring a hearing by the Tribunal has expired and, where a hearing is required, until final disposition of the hearing and any appeal.  R.S.O. 1990, c. O.40, s. 49 (2); 2000, c. 26, Sched. F, s. 13 (13). Application of s. 48 (1) (3) Subsection (2) does not apply where an order is made under subsection 48 (1).  R.S.O. 1990, c. O.40, s. 49 (3). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. F, s. 13 (13) - 06/12/2000 2001, c. 9, Sched. G, s. 6 (21) - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2011
50 A well construction permit, well contractor licence or well technician licence is not transferable.  R.S.O. 1990, c. O.40, s. 50. 51 Repealed:  2001, c. 9, Sched. G, s. 6 (22). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. G, s. 6 (22) - 29/06/2001 52 Repealed:  2007, c. 10, Sched. D, s. 2 (6). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. G, s. 6 (23, 24) - 29/06/2001 2007, c. 10, Sched. D, s. 2 (6) - 04/06/2007 Sewage Works
55 (1)-(3) Repealed: 2010, c. 16, Sched. 7, s. 3 (25). Application to Tribunal (4) If a registration under Part II.2 of the Environmental Protection Act is in effect or an environmental compliance approval has been issued in respect of the establishment or extension of a sewage treatment works by a person, other than a municipality, of sewage treatment works within a municipality the Ontario Land Tribunal may, on application by the person undertaking the establishment or extension, order the amendment of any by-law for prohibiting or regulating the use of land or structures for dumping or disposing of garbage, refuse or domestic or industrial waste passed under the Municipal Act, 2001, the City of Toronto Act, 2006 or a predecessor of those Acts or any by-law passed under section 34 of the Planning Act or any official plan to permit the use of land for the establishment or extension. R.S.O. 1990, c. O.40, s. 55 (4); 2002, c. 17, Sched. F, Table; 2006, c. 32, Sched. C, s. 45 (2); 2010, c. 16, Sched. 7, s. 3 (26); 2017, c. 23, Sched. 5, s. 75; 2021, c. 4, Sched. 6, s. 77 (1). Powers of Tribunal (5) The Ontario Land Tribunal, as a condition of making an order under subsection (4), may impose such restrictions, limitations and conditions respecting the use of land for the establishment or extension of the sewage treatment works not inconsistent with the regulations made for the purposes of Part II.2 of the Environmental Protection Act
or the terms and conditions in the environmental compliance approval, as to the Ontario Land Tribunal may appear necessary or expedient. 2017, c. 23, Sched. 5, s. 76; 2021, c. 4, Sched. 6, s. 77 (1). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. F, s. 13 (9) - 06/12/2000 2002, c. 17, Sched. F, Table - 01/01/2003 2006, c. 32, Sched. C, s. 45 (2) - 01/01/2007 2010, c. 16, Sched. 7, s. 3 (25-27) - 31/10/2011 2017, c. 23, Sched. 5, s. 75, 76 - 03/04/2018 2021, c. 4, Sched. 6, s. 77 (1) - 01/06/2021
56 Subsections 54 (11) and (12) and subsections 55 (4) and (5) apply with necessary modifications to a municipality that has been issued an environmental compliance approval or has been provided with a confirmation of registration under Part II.2 of the Environmental Protection Act to the establishment or extension of its sewage works or to the establishment or extension of sewage treatment works.  R.S.O. 1990, c. O.40, s. 56; 2010, c. 16, Sched. 7, s. 3 (28). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 7, s. 3 (28) - 31/10/2011
57 The Ontario Land Tribunal may inquire into, hear and determine any application by or on behalf of any person complaining that any municipality constructing, maintaining or operating sewage works or having the control thereof, (a)  has failed to do any act, matter or thing required to be done by any Act, by any regulation made under any Act, by any order or direction, or by any agreement entered into with the municipality; or (b)  has done or is doing any such act, matter or thing improperly, and that the same is causing deterioration, loss, injury or damage to property, and the Ontario Land Tribunal may make any order, award or finding in respect of any such complaint as it considers just. 2017, c. 23, Sched. 5, s. 77; 2021, c. 4, Sched. 6, s. 77 (1). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. G, s. 6 (26) - 29/06/2001 2017, c. 23, Sched. 5, s. 77 - 03/04/2018 2021, c. 4, Sched. 6, s. 77 (1) - 01/06/2021
58 Where land is expropriated by a municipality for sewage works or is injuriously affected by the construction, maintenance or operation of sewage works by a municipality, the Expropriations Act applies.  R.S.O. 1990, c. O.40, s. 58.
59 Sewage works that are being or have been constructed, maintained or operated in compliance with this Act, the Environmental Protection Act and the regulations under both Acts and with any order, direction or approval issued under the authority of this Act or any predecessor of any provision of this Act or an environmental compliance approval shall be deemed to be under construction, constructed, maintained or operated by statutory authority.  R.S.O. 1990, c. O.40, s. 59; 2010, c. 16, Sched. 7, s. 3 (29). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 7, s. 3 (29) - 31/10/2011
60 The owner of sewage works shall make returns to a Director on the matters and within the time specified by the Director in a direction to the owner.  R.S.O. 1990, c. O.40, s. 60.
61 Sewage works shall at all times be maintained, kept in repair and operated in such manner and with such facilities as may be directed from time to time by a Director.  R.S.O. 1990, c. O.40, s. 61.
62 (1) Where a Director reports in writing to the clerk of a municipality that he or she is of the opinion that it is necessary in the public interest that water works or sewage works or any part thereof be established, maintained, operated, improved, extended, enlarged, altered, repaired or replaced, the municipality shall forthwith do every act and thing in its power to implement the report of the Director. R.S.O. 1990, c. O.40, s. 62 (1); 2001, c. 9, Sched. G, s. 6 (27). Implementation of report (2) If the municipality fails to do everything in its power to implement the report forthwith after receiving it, and the time for taking an appeal has passed or there has been a final disposition of an appeal confirming or altering the report, the Director, with the approval of the Ontario Land Tribunal, may direct that whatever is necessary to implement the report or the report as confirmed or altered be done at the expense of the municipality, and may arrange for the Agency to do it. 1993, c. 23, s. 73 (17); 2017, c. 23, Sched. 5, s. 75; 2021, c. 4, Sched. 6, s. 77 (1). Recovery of expense (3) The Minister or the Agency may recover the expense incurred in implementing the report, with costs, by action in a court of competent jurisdiction, as a debt due to the Crown or the Agency, as the case may be, by the municipality. 1993, c. 23, s. 73 (17). Section Amendments with date in force (d/m/y) 1993, c. 23, s. 73 (17) - 15/11/1993 2001, c. 9, Sched. G, s. 6 (27) - 29/06/2001 2017, c. 23, Sched. 5, s. 75 - 03/04/2018 2021, c. 4, Sched. 6, s. 77 (1) - 01/06/2021 Projects
63 (1) Any one or more municipalities may apply to the Agency for the provision of and operation by the Agency of water works or sewage works for the municipality or municipalities. R.S.O. 1990, c. O.40, s. 63 (1); 1993, c. 23, s. 73 (18). Duty of Agency (2) The Agency may thereupon furnish to such municipality or municipalities, (a)  an estimate of the cost of the project and such other information as the Agency considers advisable; (b)  a statement of the terms and conditions including the method of financing as determined by the Agency upon which the Agency will complete and operate the project; and (c)  a form of agreement to be entered into between the municipality or municipalities and the Agency. R.S.O. 1990, c. O.40, s. 63 (2); 1993, c. 23, s. 73 (18). Power to make agreement (3) The council of any municipality may by by-law authorize the municipality to enter into such an agreement with the Agency, and the Agency may enter into any such agreement with any municipality or municipalities and, when such an agreement has been entered into, the parties thereto have all such powers as may be necessary to carry out the provisions thereof or of any undertaking given pursuant thereto. R.S.O. 1990, c. O.40, s. 63 (3); 1993, c. 23, s. 73 (19). (4) Repealed: 2001, c. 9, Sched. G, s. 6 (28). Agency to act for municipality for approval of Tribunal (5) Where a municipality that proposes to enter into an agreement with the Agency is required to obtain the approval of the Ontario Land Tribunal with respect to any aspect of the proposed project, the application for such approval shall be made by the Agency on behalf of the municipality. R.S.O. 1990, c. O.40, s. 63 (5); 1993, c. 23, s. 73 (20); 2017, c. 23, Sched. 5, s. 75; 2021, c. 4, Sched. 6, s. 77 (1). Term of agreement (6) Despite any other Act, every such agreement remains in force for such period as it may prescribe and in any event until all obligations to the Agency of the municipality or municipalities party or parties to the agreement have been fulfilled to the satisfaction of the Agency. R.S.O. 1990, c. O.40, s. 63 (6); 1993, c. 23, s. 73 (20). Agreement binding on local board (7) Where a municipality has entered into an agreement with the Agency under this section, the agreement is binding on any commission or local board having the control and management of water works or sewage works, as the case may be, in the municipality. R.S.O. 1990, c. O.40, s. 63 (7); 1993, c. 23, s. 73 (20). Form of agreement (8) Any agreement under this section may be evidenced by one or more documents. R.S.O. 1990, c. O.40, s. 63 (8). Section Amendments with date in force (d/m/y) 1993, c. 23, s. 73 (18-20) - 15/11/1993 2001, c. 9, Sched. G, s. 6 (28) - 29/06/2001 2017, c. 23, Sched. 5, s. 75 - 03/04/2018 2021, c. 4, Sched. 6, s. 77 (1) - 01/06/2021
66 Where an agreement is made with a municipality for the provision of sewers under subsection 10 (2) or under section 63, the municipality may charge the owner of the premises for which a service drain is constructed the cost of construction of the service drain from the sewer to the line of the highway, together with interest thereon at a rate to be determined by the municipality, over such period of years as the municipality determines.  R.S.O. 1990, c. O.40, s. 66.
67 (1) As soon as practicable in each calendar year, and in any event not later than the 15th day of February, the Agency shall estimate the respective amounts payable to the Agency in such calendar year by each of the municipalities having agreements with the Crown under section 63 entered into before the 1st day of April, 1974 and shall by its precept directed to each municipality require such municipality to pay to the Agency on the dates specified in the agreement the sums so payable by each municipality and the municipality shall make payment to the Agency accordingly, but in the calendar year in which occurs the date of completion of the project the estimate by the Agency may be made and the precept of the Agency may be delivered at any time in such year as the Agency may determine and the payment or payments by the municipality shall be made at such time or times as the Agency may require.  R.S.O. 1990, c. O.40, s. 67 (1); 1993, c. 23, s. 73 (26). Adjustment (2) At the end of each calendar year, the actual sums payable by each municipality to the Agency for such year for the purposes aforesaid shall be ascertained by the Agency and the Agency shall inform the municipality of the amount owing to or by it and such amount shall be deducted from or added to the first payment to be made by the municipality in the next calendar year.  R.S.O. 1990, c. O.40, s. 67 (2); 1993, c. 23, s. 73 (27). Delivery (3) The mailing by the Agency of the precepts by registered mail in envelopes addressed to the clerks of the respective municipalities constitutes delivery of the precepts to them.  R.S.O. 1990, c. O.40, s. 67 (3); 1993, c. 23, s. 73 (27). Prepayment (4) A municipality may pay and the Agency may accept, (a)  in advance of the time that it would otherwise be payable, any sum in respect of any sum mentioned in section 64; and (b)  any sum to reduce the cost of a project.  R.S.O. 1990, c. O.40, s. 67 (4); 1993, c. 23, s. 73 (27). Municipalities may raise money for agreements (5) For the purpose of meeting the periodic payments to the Agency under an agreement entered into under section 63, a municipality may raise money by any method or methods authorized by law or by any combination thereof as if the municipality itself were proposing to construct, were constructing or had constructed the works or were operating and maintaining the works.  R.S.O. 1990, c. O.40, s. 67 (5); 1993, c. 23, s. 73 (27). Section Amendments with date in force (d/m/y) 1993, c. 23, s. 73 (26, 27) - 15/11/1993
68 (1) The Agency may establish and maintain a reserve account in respect of each project under section 63, (a)  to provide for renewals and replacements in respect of the project; (b)  to provide for contingencies in respect of such project; and (c)  to provide for capital expenditures for the improvement of the project in relation to its operation and appearance, and for such purposes may place to the credit of or charge to such reserve accounts such amounts as may in the opinion of the Agency be sufficient therefor.  R.S.O. 1990, c. O.40, s. 68 (1); 1993, c. 23, s. 73 (28). When money may be expended in respect of another project (2) Despite subsection (1), where a reserve account has been established in respect of a project, the Agency may, in respect of any other project for the same municipality, charge to such reserve account such amounts as in the opinion of the Agency may be sufficient therefor for any of the purposes mentioned in clauses (1) (a), (b) and (c).  R.S.O. 1990, c. O.40, s. 68 (2); 1993, c. 23, s. 73 (28). Section Amendments with date in force (d/m/y) 1993, c. 23, s. 73 (28) - 15/11/1993
69 (1) All amounts placed and remaining to the credit of all reserve accounts under any agreements under this Act shall be deposited with the Agency to the credit of a special consolidated account known as the Agency reserve account and the interest applicable in each year to the account as determined by the Agency shall be allocated and credited by it at the end of each year to each reserve account proportionately having regard to the respective balances remaining to the credit of the respective reserve accounts.  1993, c. 23, s. 73 (29). Idem (2) The accounts of the Agency with respect to the reserve accounts referred to in subsection (1) shall be kept so as to exhibit at all times the amounts placed to the credit of each reserve account, the interest credited thereon and the payments made in respect thereof.  R.S.O. 1990, c. O.40, s. 69 (2); 1993, c. 23, s. 73 (30). Section Amendments with date in force (d/m/y) 1993, c. 23, s. 73 (29, 30) - 15/11/1993
70 (1) All amounts placed and remaining to the credit of all municipalities with respect to money received from them under paragraph 2 of subsection 64 (1) shall be deposited with the Agency to the credit of a special consolidated account known as the Agency debt retirement account and that part of the credited amounts that is attributable to each project shall remain as a credit in that account until the expiration of the period of years during which payments must be made with respect to such project under that paragraph.  1993, c. 23, s. 73 (31). Idem (2) The interest applicable in each year to the consolidated account as determined by the Agency shall be allocated and credited by the Agency at the end of each year to the respective projects proportionately having regard to the respective balances in the consolidated account from time to time attributable to such projects and the accounts of the Agency with respect to such projects shall be kept so as to exhibit at all times the amounts placed to the credit of each project, the interest credited thereon and the payments made in respect thereof.  R.S.O. 1990, c. O.40, s. 70 (2); 1993, c. 23, s. 73 (32). Discontinuance of further payments (3) If the Agency is of the opinion that the amount in the consolidated account attributable to a project, together with the further estimated interest on that amount, is at any time sufficient to form an amount equal to the cost of the project at the expiration of the period of years referred to in paragraph 2 of subsection 64 (1), the Agency, subject to subsection (4), may authorize the municipality or municipalities with which there is an agreement with respect to the project to discontinue payments under that paragraph.  1993, c. 23, s. 73 (33). Excess or deficiency (4) If at the expiration of such period of years the amount in the consolidated account attributable to any project, (a)  is in excess of the cost of the project, the Agency shall within one year thereafter repay to such municipality or municipalities the amount of such excess; or (b)  is less than the cost of the project, the municipality or municipalities shall, within one year thereafter, pay to the Agency the amount of such deficiency.  R.S.O. 1990, c. O.40, s. 70 (4); 1993, c. 23, s. 73 (34). Discharge of indebtedness to Province (5) Despite any other provision of this Act, the Agency may at any time pay to the Province out of the consolidated Agency debt retirement account any amount attributable to any project in payment or part payment of the amount owing for the cost of the project.  1993, c. 23, s. 73 (35). Section Amendments with date in force (d/m/y) 1993, c. 23, s. 73 (31-35) - 15/11/1993
71 For the purposes of section 27 of the Assessment Act, the Agency, with respect to any project in a local municipality, shall be deemed a commission under that section and the project shall be deemed a public utility under that section.  R.S.O. 1990, c. O.40, s. 71; 1993, c. 23, s. 73 (36); 2002, c. 17, Sched. F, Table. Section Amendments with date in force (d/m/y) 1993, c. 23, s. 73 (36) - 15/11/1993 2002, c. 17, Sched. F, Table - 01/01/2003 Agreements
72 A person that has entered or that enters into an agreement under this Act with the Agency for the provision or operation of a sewage works or a water works or the provision of sewage service or water service by the Agency shall pay to the Agency additional charges in respect of the provision or operation in the amount calculated in accordance with the method prescribed by the regulations even though the additional charges may not be attributable to costs incurred for the works or service.  R.S.O. 1990, c. O.40, s. 72; 1993, c. 23, s. 73 (37). Section Amendments with date in force (d/m/y) 1993, c. 23, s. 73 (37) - 15/11/1993
73 (1) In this section, “agreement” means an agreement under subsection 10 (2) or section 11.  1993, c. 23, s. 73 (38). Review and revision of rates (2) The rates of payment provided for in an agreement may be reviewed and revised annually or, where the parties to the agreement concur, more frequently.  R.S.O. 1990, c. O.40, s. 73 (2). Units of measurement (3) The rates of payment provided for in an agreement may be stated, and the amounts due under the agreement may be calculated and billed, on the basis of the units of measurement set out in Schedule I to the Weights and Measures Act (Canada).  R.S.O. 1990, c. O.40, s. 73 (3). Billing and payment (4) The Agency may determine the amounts due under an agreement on an annual basis for principal, interest and operating and other costs instead of on the basis of volumes and may require payment of the amounts annually or by way of more frequent periodic payments.  R.S.O. 1990, c. O.40, s. 73 (4); 1993, c. 23, s. 73 (39). (5) Repealed:  2009, c. 33, Sched. 2, s. 55 (2). Application of ss. 72, 73 (6) This section and section 72 apply in respect of every agreement referred to in those sections despite the terms of the agreement and whether or not the agreement was made before the 9th day of November, 1983.  R.S.O. 1990, c. O.40, s. 73 (6). Section Amendments with date in force (d/m/y) 1993, c. 23, s. 73 (38, 39) - 15/11/1993 2009, c. 33, Sched. 2, s. 55 (2) - 15/12/2009 Public Water or Sewage Service Area