89.12 (1) Despite section 89.10, the Director may issue an order described in subsection (4) to a secured creditor who has become the owner of the secured property by virtue of a foreclosure if the Director has reasonable grounds to believe that, as a result of the presence or discharge of material on, in or under the property, any of the following circumstances exist: 1.  There is danger to the health or safety of any person. 2.  There is impairment or serious risk of impairment of any waters or any use of waters. 3.  There is injury or damage or serious risk of injury or damage to any property or to any plant or animal life.  2001, c. 17, s. 5 (13). Same (2) Despite section 89.11, the Director may issue an order described in subsection (4) to a receiver or trustee in bankruptcy if the Director has reasonable grounds to believe that, as a result of the presence or discharge of material on, in or under the property held or administered by the receiver or trustee in bankruptcy, any of the circumstances listed in subsection (1) exist.  2001, c. 17, s. 5 (13). Restriction if record of site condition (3) If a record of site condition has been filed in the Registry under section 168.4 of the Environmental Protection Act with respect to the property, no order shall be issued under subsection (1) or (2) unless the Director has reasonable grounds to believe that, as a result of the presence of material that was on, in or under the property as of the certification date, there is danger to the health or safety of any person.  2001, c. 17, s. 5 (13). Scope of order (4) An order under subsection (1) or (2) may only require the secured creditor, receiver or trustee in bankruptcy, within such times as are specified in the order, to comply with such directions specified in the order as are reasonably necessary to ensure that, (a)  none of the circumstances listed in subsection (1) exist, if no record of site condition has been filed in the Registry under section 168.4 of the Environmental Protection Act with respect to the property; or (b)  there is no danger to the health or safety of any person, if a record of site condition has been filed in the Registry under section 168.4 of the Environmental Protection Act with respect to the property.  2001, c. 17, s. 5 (13). Same (5) The directions referred to in subsection (4) may include the following: 1.  A direction requiring the doing of anything mentioned in section 32. 2.  A direction requiring the removal or disposal of the material or anything affected by the material. 3.  A direction to secure, by means of locks, gates, fences, security guards or other means, any land, place or thing. 4.  If the presence or discharge of the material has damaged or endangered or is likely to damage or endanger existing water supplies, a direction to provide temporary or permanent alternate water supplies.  2001, c. 17, s. 5 (13); 2005, c. 12, s. 2 (17). Information to be included in order (6) An order under subsection (1) or (2) shall briefly describe the reasons for the order and the circumstances on which the reasons are based, including the circumstances listed in subsection (1) that exist.  2001, c. 17, s. 5 (13). Exception (7) A receiver or trustee in bankruptcy is not required to comply with an order under subsection (2) if the order did not arise from the gross negligence or wilful misconduct of the receiver or trustee in bankruptcy, or of a receiver representative or trustee in bankruptcy representative, and, (a)  not later than 10 days after being served with the order, or within such longer period as may be specified by the Director in the order, the receiver or trustee in bankruptcy notifies the Director that they have abandoned, disposed of or otherwise released their interest in the property to which the order relates; or (b)  the order was stayed under Part I of the Bankruptcy and Insolvency Act (Canada) and the receiver or trustee in bankruptcy notified the Director, before the stay expired, that they abandoned, disposed of or otherwise released their interest in the property.  2001, c. 17, s. 5 (13). Notice under subs. (7) (8) Notice under clause (7) (a) or (b) must be given in the manner prescribed by the regulations referred to in subsection 168.20 (8) of the Environmental Protection Act.  2001, c. 17, s. 5 (13). When notice of order filed in Registry (9) The Director shall file notice of an order under subsection (1) or (2) in the Registry in accordance with the regulations referred to in subsection 168.8 (5) of the Environmental Protection Act if a record of site condition has been filed in the Registry under section 168.4 of that Act with respect to the property.  2001, c. 17, s. 5 (13). Notice of compliance with order (10) If notice of an order has been filed in the Registry under subsection (9) and the Director is satisfied that the order has been complied with, the Director shall file notice of the compliance in the Registry in accordance with the regulations referred to in subsection 168.8 (6) of the Environmental Protection Act.  2001, c. 17, s. 5 (13). Filing of new record of site condition (11) If notice of an order has been filed in the Registry under subsection (9) and the Director is satisfied that the order has been complied with but the Director is of the opinion that a certification contained in the record of site condition filed in the Registry does not accurately reflect the current state of the property, subsection (10) does not apply until a new record of site condition is filed in accordance with section 168.4 of the Environmental Protection Act.  2001, c. 17, s. 5 (13). Section Amendments with date in force (d/m/y) 2001, c. 17, s. 5 (13)
- 01/12/2002 2005, c. 12, s. 2 (17) - 13/06/2005