jswizzle3737/ontario_laws_and_regs huggingface dataset:
2 This Act binds the Crown.  R.S.O. 1990, c. O.40, s. 2. Section Amendments with date in force (d/m/y) 1992, c. 23, s. 39 (2) - See 1997, c. 24, s. 224 (19) - 17/06/1998 Administration
3 The Minister is responsible for the administration of this Act.  1993, c. 23, s. 73 (3). Section Amendments with date in force (d/m/y) 1993, c. 23, s. 73 (3) - 15/11/1993
4 Every power, right, privilege and discretion with respect to rates under agreements made under subsection 10 (2) and subsection 63 (3) may be exercised by the Agency.  R.S.O. 1990, c. O.40, s. 4; 1993, c. 23, s. 73 (4). Section Amendments with date in force (d/m/y) 1993, c. 23, s. 73 (4) - 15/11/1993 Appointments
5 (1) The Minister may in writing appoint as Directors any of the following persons as the Minister considers necessary in respect of the sections of this Act or of the regulations that are set out in the appointments: 1.  Public servants employed under Part III of the Public Service of Ontario Act, 2006 who work in the Ministry or the members of classes of such public servants. 2.  Subject to the approval of the Lieutenant Governor in Council, any other persons or the members of any other classes of persons.  2009, c. 33, Sched. 15, s. 8 (1). Limitations (2) The Minister, in an appointment under subsection (1), may limit the authority of a Director in such manner as the Minister considers necessary or advisable.  R.S.O. 1990, c. O.40, s. 5 (2). Provincial officers and Agency inspectors (3) The Minister or the Agency may designate in writing one or more of the following persons as provincial officers or inspectors for the purposes of this Act and the regulations: 1.  In the case of the Minister, a public servant employed under Part III of the Public Service of Ontario Act, 2006 who works in the Ministry. 2.  In the case of the Agency, an employee of the Agency.  2006, c. 35, Sched. C, s. 105 (2). Provincial officers (4) A provincial officer is a peace officer for the purpose of enforcing this Act. Investigation and prosecution (5) A provincial officer may investigate offences under this Act and may prosecute any person whom the provincial officer reasonably believes is guilty of an offence under this Act.  1998, c. 35, s. 45. Section Amendments with date in force (d/m/y) 1993, c. 23, s. 73 (5) - 15/11/1993; 1998, c. 35, s. 45 - 01/02/1999 2006, c. 35, Sched. C, s. 105 (1, 2) - 20/08/2007 2009, c. 33, Sched. 15, s. 8 (1) - 15/12/2009 6 Repealed:  1993, c. 23, s. 73 (6). Section Amendments with date in force (d/m/y) 1993, c. 23, s. 73 (6) - 15/11/1993
7 (1) Upon receipt of a notice from a Director under subsection 74 (4), the Tribunal shall hold a hearing with respect to the subject-matter of the notice, unless subsection 8 (2) applies. R.S.O. 1990, c. O.40, s. 7 (1); 2000, c. 26, Sched. F, s. 13 (13); 2010, c. 16, Sched. 7, s. 3 (3). Parties (2) The applicant, the Director and any other persons specified by the Tribunal shall be parties to the hearing. R.S.O. 1990, c. O.40, s. 7 (2); 2000, c. 26, Sched. F, s. 13 (13). (3) Repealed: 2000, c. 26, Sched. F, s. 13 (3). Decision (4) The Tribunal shall serve notice of its decision, together with reasons therefor, on the parties to the hearing, and the Director shall implement the decision. R.S.O. 1990, c. O.40, s. 7 (4); 2000, c. 26, Sched. F, s. 13 (13). (5)-(9) Repealed: 2021, c. 4, Sched. 6, s. 77 (3). Transition (10) If, before the day subsection 3 (1) of Schedule 7 to the Open for Business Act, 2010 comes into force, a hearing has been required and a notice of objection has been served in accordance with subsection 8 (1), the hearing shall be held under section 20.15 of the Environmental Protection Act. 2010, c. 16, Sched. 7, s. 3 (4). Same (11) If, on the day subsection 3 (1) of Schedule 7 to the Open for Business Act, 2010 comes into force, the time period during which a notice of objection may be served under subsection 8 (1) has not lapsed, the Tribunal shall refer the subject matter of the notice back to the Director and the Director shall determine whether or not to require a hearing under section 20.15 of the Environmental Protection Act. 2010, c. 16, Sched. 7, s. 3 (4). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. F, s. 13 (3, 4, 13) - 06/12/2000 2010, c. 16, Sched. 7, s. 3 (3, 4) - 31/10/2011 2021, c. 4, Sched. 6, s. 77 (3) - 01/06/2021
8 (1) Where the Tribunal has given notice of a hearing under this Act, any person objecting to the order referred to in subsection 74 (2) may serve notice of the objection, together with the reasons in support of it, on the Tribunal within fifteen days after the notice of hearing is given.  R.S.O. 1990, c. O.40, s. 8 (1); 2000, c. 26, Sched. F, s. 13 (13); 2010, c. 16, Sched. 7, s. 3 (5). Hearing not required (2) If no objections are received within the fifteen days, or if the Tribunal is of the opinion that the objections are insufficient, the Tribunal is not required to hold a hearing.  R.S.O. 1990, c. O.40, s. 8 (2); 2000, c. 26, Sched. F, s. 13 (13). Extension (3) Where the Tribunal considers it appropriate in the circumstances, it may extend the period provided under subsection (1) for serving an objection.  R.S.O. 1990, c. O.40, s. 8 (3); 2000, c. 26, Sched. F, s. 13 (13). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. F, s. 13 (13) - 06/12/2000 2010, c. 16, Sched. 7, s. 3 (5) - 31/10/2011
9 A party to a proceeding under section 7 may appeal from the Tribunal’s decision on a question of law to the Divisional Court.  2009, c. 33, Sched. 2, s. 55 (1). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. F, s. 13 (5, 13) - 06/12/2000 2009, c. 33, Sched. 2, s. 55 (1) - 15/12/2009 9.1 Repealed: 2021, c. 4, Sched. 6, s. 77 (4). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 2, s. 55 (1) - 15/12/2009 2021, c. 4, Sched. 6, s. 77 (4) - 01/06/2021 Functions of Minister, Agency and Directors
10 (1) Despite any other Act, it is the function of the Minister and he or she has power, (a)  Repealed:  1993, c. 23, s. 73 (7). (b)  Repealed:  1993, c. 23, s. 73 (7). (c)  to conduct research programs and to prepare statistics for his or her purpose; (d)  to disseminate information and advice with respect to the collection, production, transmission, treatment, storage, supply and distribution of water or sewage; and (e)  to perform such functions or discharge such duties as may be assigned from time to time by the Lieutenant Governor in Council.  R.S.O. 1990, c. O.40, s. 10 (1); 1993, c. 23, s. 73 (7). Agency power to make agreements (2) Despite any other Act, the Agency may make agreements for the provision of water service or sewage service.  1993, c. 23, s. 73 (8). Power of Director (3) Despite any other Act, it is the function of a Director and he or she has power to control and regulate the collection, production, treatment, storage, transmission, distribution and use of water for public purposes and to make orders with respect thereto.  R.S.O. 1990, c. O.40, s. 10 (3). Section Amendments with date in force (d/m/y) 1993, c. 23, s. 73 (7, 8) - 15/11/1993
11 Any municipality may enter into agreements with the Agency under subsection 10 (2), and subsections 63 (5) to (8), section 65 and subsection 67 (5) apply with necessary modifications to such agreements.  R.S.O. 1990, c. O.40, s. 11; 1993, c. 23, s. 73 (9); 2001, c. 9, Sched. G, s. 6 (6). Section Amendments with date in force (d/m/y) 1993, c. 23, s. 73 (9) - 15/11/1993 2001, c. 9, Sched. G, s. 6 (6) - 29/06/2001
12 The Agency may for its purposes exercise any or all of the powers that are conferred by any general Act upon a municipality respecting the establishment, construction, maintenance or operation of water works or sewage works.  R.S.O. 1990, c. O.40, s. 12; 1993, c. 23, s. 73 (10). Section Amendments with date in force (d/m/y) 1993, c. 23, s. 73 (10) - 15/11/1993 Action under Act, successors, etc., bound, records
13 (1) An approval, direction, notice, order, report or requirement of a court, the Minister, the Director, a provincial officer or the Agency under this Act is binding on the executor, administrator, administrator with the will annexed, guardian of property or attorney for property of the person to whom it was directed, and on any other successor or assignee of the person to whom it was directed.  2001, c. 17, s. 5 (3). Limitation (2) If, pursuant to subsection (1), a direction, notice or order is binding on an executor, administrator, administrator with the will annexed, guardian of property or attorney for property, their obligation to incur costs to comply with the direction, notice or order is limited to the value of the assets they hold or administer, less their reasonable costs of holding or administering the assets.  2001, c. 17, s. 5 (3). Receivers and trustees (3) An approval, direction, notice, order, report or requirement of a court, the Minister, the Director, a provincial officer or the Agency under this Act that relates to property is binding on a receiver or trustee that holds or administers the property.  2001, c. 17, s. 5 (3). Limitation (4) If, pursuant to subsection (3), a direction, notice, order or report is binding on a trustee, other than a trustee in bankruptcy, the trustee’s obligation to incur costs to comply with the direction, notice, order or report is limited to the value of the assets held or administered by the trustee, less the trustee’s reasonable costs of holding or administering the assets.  2001, c. 17, s. 5 (3). Exception (5) Subsection (3) does not apply to a direction, notice or order that relates to property held or administered by a receiver or trustee in bankruptcy if, (a)  within 10 days after taking or being appointed to take possession or control of the property, or within 10 days after the issuance of the direction, notice or order, the receiver or trustee in bankruptcy notifies the Director that they have abandoned, disposed of or otherwise released their interest in the property; or (b)  the direction, notice or 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 (3); 2006, c. 19, Sched. K, s. 3 (1). Extension of period (6) The Director may extend the 10-day period for giving notice under clause (5) (a), before or after it expires, on such terms and conditions as he or she considers appropriate.  2001, c. 17, s. 5 (3). Notice under subs. (5) (7) Notice under clause (5) (a) or (b) must be given in the manner prescribed by the regulations referred to in subsection 19 (7) of the Environmental Protection Act.  2001, c. 17, s. 5 (3). (8)-(11) Repealed:  2007, c. 12, s. 1 (4). Section Amendments with date in force (d/m/y) 2001, c. 17, s. 5 (3)
- 01/12/2002 2006, c. 19, Sched. K, s. 3 (1) - 22/06/2006 2007, c. 12, s. 1 (4)
- 04/06/2007
13.1 (1) The Ministry shall maintain an alphabetical index record of the names of all persons to whom instruments are directed under this Act.  2007, c. 12, s. 1 (5). Expiry, etc. (2) When an instrument has expired or is revoked or set aside, the Ministry shall note that fact in the index record.  2007, c. 12, s. 1 (5). Search of index record (3) The Ministry shall, on any person’s request, (a)  make a search of the index record and inform the person making the request whether the name of a particular person appears in the index record; and (b)  permit inspection of any instrument directed to that person.  2007, c. 12, s. 1 (5). Definition (4) In this section, “instrument” means an approval, permit, licence, direction, notice, order or report.  2007, c. 12, s. 1 (5). Section Amendments with date in force (d/m/y) 2007, c. 12, s. 1 (5)
- 04/06/2007
14 (1) The Agency, its employees and agents may, for the Agency’s purposes, without consent and without compensation, lay, maintain, repair, alter or replace the pipes and appurtenances to them that the Agency considers necessary in, upon, through, over and under a highway or road under the jurisdiction and control of any public authority. Right to use unopened road allowances (2) The Agency, its employees and agents may use unopened road allowances to obtain access to water works and sewage works. Appurtenances above surface (3) The Agency, its employees and agents may, with the consent of the public authority having jurisdiction and control of the highway or road, including an unopened road allowance, leave appurtenances above the surface of the highway, road or unopened road allowance in locations agreed to by the authority. Land, etc., to be restored (4) Lands, buildings, highways or roads disturbed by the exercise of any of the powers mentioned in subsection (1), (2), or (3) shall be restored to their original condition, or as near to it as possible, without unnecessary delay.  1998, c. 35, s. 46. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 46 - 01/02/1999 2007, c. 10, Sched. D, s. 2 (2) - 04/06/2007
15.0.1 (1) For the purposes of determining compliance of a person with this Act or the regulations, a provincial officer may, at any reasonable time and with any reasonable assistance, require the person, or any person employed by or providing services to the person, to respond to reasonable inquiries.  2010, c. 16, Sched. 7, s. 3 (6). Same (2) For the purposes of subsection (1), a provincial officer may make inquiries by telephone or by any other means of communication.  2010, c. 16, Sched. 7, s. 3 (6). Production of document (3) In requiring a person to respond to an inquiry under subsection (1), a provincial officer may require the production of any document or data, in any form, required to be kept under this Act and of any other document or data, in any form, related to the purpose of the inquiry. 2017, c. 2, Sched. 11, s. 4 (1). Records in electronic form (4) If a record is retained in electronic form, a provincial officer may require that a copy of it be provided to him or her on paper or electronically, or both. 2017, c. 2, Sched. 11, s. 4 (1). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 7, s. 3 (6) - 25/10/2010 2017, c. 2, Sched. 11, s. 4 (1) - 22/03/2017
15.1 (1) In this section, “vehicle” includes a trailer or other equipment attached to the vehicle.  1998, c. 35, s. 47. Requirement to stop (2) For the administration of this Act or the regulations, a provincial officer may signal a vehicle or vessel to stop.  1998, c. 35, s. 47. Same (3) On the provincial officer’s signal to stop, the operator of the vehicle or vessel shall immediately come to a safe stop.  1998, c. 35, s. 47. Same (4) For the purposes of this section, a signal to stop includes, (a)  intermittent flashes of red light, in the case of a vehicle; (b)  intermittent flashes of blue light, in the case of a vessel; and (c)  a hand signal to stop by a provincial officer who is readily identifiable as a provincial officer.  1998, c. 35, s. 47. Sign to report (5) Where a clearly marked sign is posted indicating that a class of vehicles or vessels should report to a certain place in the vicinity of the sign, the operator of a vehicle or vessel that passes the sign and that falls within the class of vehicles or vessels indicated shall report forthwith to the place the sign directs.  1998, c. 35, s. 47. Same (6) Where the operator of a vehicle or vessel stops under subsection (3) or reports under subsection (5), the provincial officer may make any reasonable inquiries of the operator and the operator shall produce for inspection any documents related to the operation or ownership of the vehicle or vessel, including licenses, permits and any documents that are required to be kept by the law of any jurisdiction in relation to the carriage of any cargo or container.  1998, c. 35, s. 47. Inspection powers (7) Based on questioning or examination of documents conducted under subsection (6), the provincial officer may, without warrant or court order, inspect any means of containment that the provincial officer reasonably believes is being used for the handling or transportation of a thing the handling or transportation of which is governed or regulated under this Act.  1998, c. 35, s. 47; 2009, c. 19, s. 70 (3). Same (8) As part of an inspection under subsection (7), the provincial officer may open or require the operator to open any cargo hold, container or other means of containment.  1998, c. 35, s. 47. Same (9) During an inspection conducted under subsection (6) or (7), the provincial officer may exercise such powers under subsection 15 (2) as are reasonably required for the administration of this Act or the regulations.  1998, c. 35, s. 47. Same (10) Subsections 15 (3), (4) and (5) apply to the exercise of a power under subsection (9).  1998, c. 35, s. 47. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 47 - 01/02/1999 2009, c. 19, s. 70 (3)
- 01/01/2010
15.2 A provincial officer who exercises any power set out in section 15, 15.1, 19, 20 or 20.1 may, if the provincial officer is designated as such under the Environmental Protection Act, the Nutrient Management Act, 2002, the Pesticides Act, the Safe Drinking Water Act, 2002 or the Toxics Reduction Act, 2009, as the case may be, do anything authorized by, (a)  section 156, 156.1, 160, 161 or 161.1 of the Environmental Protection Act; (b)  section 13, 14 or 23 of the Nutrient Management Act, 2002; (c)  section 19, 19.1, 22, 23 or 23.1 of the Pesticides Act; (d)  section 81, 82, 91, 92 or 93 of the Safe Drinking Water Act, 2002; or (e)  section 15, 20 or 21 of the Toxics Reduction Act, 2009.  2009, c. 19, s. 70 (4). Section Amendments with date in force (d/m/y) 1998, c. 35, s. 47 - 01/02/1999 2002, c. 4, s. 65 (1)
- 01/07/2003 2007, c. 10, Sched. D, s. 2 (1) - 04/06/2007 2009, c. 19, s. 70 (4)
- 01/01/2010; 2009, c. 19, s. 70 (5)
- no effect - see 2009, c. 19, s. 65
- 31/12/2019
15.3 A person shall not exercise a power conferred by this Act to enter a room actually used as a dwelling without the consent of the occupier except under the authority of an order under section 17.  1998, c. 35, s. 47. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 47 - 01/02/1999
15.4 On request, a provincial officer who exercises a power under this Act shall identify himself or herself as a provincial officer either by the production of a copy of his or her designation or in some other manner and shall explain the purpose of the exercise of the power.  1998, c. 35, s. 48. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 48 - 01/02/1999
15.6 (1) Where a justice is satisfied, on evidence under oath by a provincial officer, that there is reasonable ground for believing that it is appropriate for the administration of this Act or the regulations or necessary to protect human health or safety or to protect property, the justice may issue an order prohibiting entry into all or part of any land or place or prohibiting the use of, interference with, disruption of, or destruction of any thing.  1998, c. 35, s. 48. Same (2) The prohibition under the justice’s order shall, subject to subsection (3), be for such period of time as is set out in the order.  1998, c. 35, s. 48. Expiry (3) Unless renewed, an order under this section expires on the earlier of the day specified for the purpose in the order or the day that is 30 days after the date on which the order is made.  1998, c. 35, s. 48; 2009, c. 33, Sched. 15, s. 8 (3). Renewal (4) An order under this section may be renewed for any reason set out in subsection (1), before or after expiry, for one or more periods each of which is not more than 30 days.  1998, c. 35, s. 48. Notice of application (5) An initial order under subsection (1) may be issued on application without notice.  1998, c. 35, s. 48. Same (6) A renewal order under subsection (4) may be issued on application made with such notice, if any, as is specified for the purpose under subsection (7).  1998, c. 35, s. 48. Same (7) In an order under subsection (1) or (4), a justice may specify notice requirements that must be met by a person applying for a renewal of the order or for a further renewal of the order, as the case may be.  1998, c. 35, s. 48. Notice of order (8) A provincial officer may give notice of an order under subsection (1) or (4) in the manner that he or she considers appropriate in the circumstances.  1998, c. 35, s. 48. Order not effective where no notice (9) An order under subsection (1) or (4) is not effective in any court proceeding against a person where the person satisfies the court that the person neither knew nor should have known of the order.  1998, c. 35, s. 48. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 48 - 01/02/1999 2009, c. 33, Sched. 15, s. 8 (3) - 15/12/2009
15.7 Where an order under section 15.5 or 15.6 is in effect, a provincial officer may take measures to secure the land, place or thing to which the order relates by means of locks, gates, fences, security guards or such other means as the provincial officer deems necessary to prevent entry into the land or place or to prevent the use of, interference with, disruption of, or destruction of the thing.  1998, c. 35, s. 48. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 48 - 01/02/1999
16 (1) A provincial officer may issue an order to any person that the provincial officer reasonably believes is contravening or has contravened, (a)  a provision of this Act or the regulations; (b)  a provision of an order, notice, direction, requirement or report made under this Act, other than an order under section 84 or 106.1 or an order of a court; or (c)  a term or condition of a licence, permit or approval made under this Act.  1998, c. 35, s. 49; 2005, c. 12, s. 2 (5); 2009, c. 33, Sched. 15, s. 8 (4). Information to be included in order (2) The order shall, (a)  specify the provision, term or condition that the provincial officer believes is being or has been contravened; (b)  briefly describe the nature and, where applicable, the location of the contravention; (b.1)  in the case of a contravention of subsection 30 (1) for which an order to pay an environmental penalty could be issued, describe how the contravention may impair the quality of the water of any waters; and Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 16 (2) of the Act is amended by adding “and” at the end of clause (b) and by striking out clause (b.1). (See: 2019, c. 14, Sched. 8, s. 31) (c)  state that a review of the order may be requested in accordance with section 16.4.  1998, c. 35, s. 49; 2005, c. 12, s. 2 (6). What order may require (3) The order may require the person to whom it is directed to comply with any directions set out in the order within the time specified relating to, (a)  achieving compliance with the provision, term or condition; (b)  preventing the continuation or repetition of the contravention; (c)  the securing, whether through locks, gates, fences, security guards or other means, of any land, place or thing; (d)  the repair, maintenance or operation of water works or sewage works in such manner and with such facilities as are specified in the order; (e)  the removal of sewage or any thing contaminated by sewage; (f)  sampling, analysis or reporting with respect to the quality or quantity of any waters; (g)  where the contravention has caused damage to or endangered or is likely to cause damage to or endanger existing water supplies, providing temporary or permanent alternate water supplies; (h)  submitting a plan for achieving compliance with the provision, term or condition, including the engagement of contractors or consultants satisfactory to a provincial officer; (i)  submitting an application for an approval, licence or permit; (i.1)  registering an activity under Part II.2 of the Environmental Protection Act; (j)  monitoring and recording in relation to the natural environment and waters and reporting on the monitoring and recording; and (k)  posting notice of the order.  1998, c. 35, s. 49; 2005, c. 12, s. 2 (7); 2010, c. 16, Sched. 7, s. 3 (7). Section Amendments with date in force (d/m/y) 1998, c. 35, s. 49 - 01/02/1999 2005, c. 12, s. 2 (5, 7)
- 13/06/2005; 2005, c. 12, s. 2 (6)
- 01/08/2007 2009, c. 33, Sched. 15, s. 8 (4) - 15/12/2009 2010, c. 16, Sched. 7, s. 3 (7) - 31/10/2011 2019, c. 14, Sched. 8, s. 31 - not in force
16.1 (1) A provincial officer who reasonably believes that it is in the public interest to do so may issue an order to any person who owns, manages or has control of a facility, including a sewage works or water works, that may discharge material into any water or watercourse that may impair the quality of water.  1998, c. 35, s. 49; 2009, c. 33, Sched. 15, s. 8 (5). 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 section 16.4.  1998, c. 35, s. 49. What the order may require (3) The order may require the person to whom it is directed to comply with any directions specified under subsection (4), within the time specified in the order.  1998, c. 35, s. 49. Same (4) The following directions may be specified in the order: 1.  Any direction listed in section 32. 2.  A direction to secure, by means of locks, gates, fences, security guards or other means, any land, place or thing.  1998, c. 35, s. 49. Where order requires report (5) Where the order requires a person to make a report, the report shall be made to a provincial officer.  1998, c. 35, s. 49. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 49 - 01/02/1999 2009, c. 33, Sched. 15, s. 8 (5) - 15/12/2009
16.2 (1) A provincial officer who reasonably believes that it is in the public interest to do so may issue an order to any person who owns, manages or has control of a sewage works.  1998, c. 35, s. 49; 2007, c. 10, Sched. D, s. 2 (3). 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 section 16.4.  1998, c. 35, s. 49. What the order may require (3) The order may require the person to whom it is directed to comply with any directions under subsection (4), within the time specified.  1998, c. 35, s. 49. Same (4) The following directions may be specified in the order: 1.  A direction to secure, whether through locks, gates, fences, security guards or other means, any land, place or thing. 2.  A direction to repair, maintain and operate sewage works in such manner and with such facilities as are specified in the order. 3.  A direction to sample, analyze and report with respect to the quality or quantity of any waters.  1998, c. 35, s. 49; 2007, c. 10, Sched. D, s. 2 (4). Section Amendments with date in force (d/m/y) 1998, c. 35, s. 49 - 01/02/1999 2007, c. 10, Sched. D, s. 2 (3, 4) - 04/06/2007
16.3 (1) An order issued under section 16, 16.1 or 16.2 may, by order, be amended or revoked by the provincial officer who issued it or by the Director. Same (2) A provincial officer or Director who amends or revokes an order shall give written notice of the amendment or revocation to the person to whom the order is directed.  1998, c. 35, s. 49. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 49 - 01/02/1999
17 (1) A justice may issue an order authorizing a provincial officer to do anything set out in subsection 15 (1) or (2) or section 15.1 if the justice is satisfied, on evidence under oath by a provincial officer, that there is reasonable ground to believe that it is appropriate for the administration of this Act or the regulations for the provincial officer to do anything set out in subsection 15 (1) or (2) or section 15.1 and that the provincial officer may not be able to effectively carry out his or her duties without an order under this section because, (a)  no occupier is present to grant access to a place that is locked or otherwise inaccessible; (b)  a person has prevented the provincial officer from doing anything set out in subsection 15 (1) or (2) or section 15.1; (c)  there is reasonable ground to believe that a person may prevent a provincial officer from doing anything set out in subsection 15 (1) or (2) or section 15.1; (d)  it is impractical, because of the remoteness of the place to be inspected or because of any other reason, for the provincial officer to obtain an order under this section without delay if access is denied; or (e)  there is reasonable ground to believe that an attempt by the provincial officer to do anything set out in subsection 15 (1) or (2) or section 15.1 without the order, (i)  might not achieve its purpose, or (ii)  might endanger human health or safety, property or the natural environment.  1998, c. 35, s. 50. Same (2) Subsections 15 (3), (4) and (5) apply to an inspection under an order under this section.  1998, c. 35, s. 50. Expiry (3) Unless renewed, an order under this section expires on the earlier of the day specified for the purpose in the order and the day that is 30 days after the date on which the order is made.  1998, c. 35, s. 50; 2009, c. 33, Sched. 15, s. 8 (6). Renewal (4) An order under this section may be renewed in the circumstances in which an order may be made under subsection (1), before or after expiry, for one or more periods each of which is not more than 30 days.  1998, c. 35, s. 50. When to be executed (5) An order under this section shall be carried out between 6 a.m. and 9 p.m., unless the order otherwise authorizes.  1998, c. 35, s. 50. Application without notice (6) An order under this section may be issued or renewed on application without notice.  1998, c. 35, s. 50. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 50 - 01/02/1999 2009, c. 33, Sched. 15, s. 8 (6) - 15/12/2009
18 A provincial officer may detain samples and copies obtained under section 15, 15.1 or 17 for any period and for any of the purposes of this Act and the regulations.  R.S.O. 1990, c. O.40, s. 18; 1998, c. 35, s. 51. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 51 - 01/02/1999
19 During an inspection under section 15, 15.1 or 17, a provincial officer may, without a warrant or court order, seize any thing that is produced to the provincial officer or that is in plain view, if, (a)  the provincial officer reasonably believes that the thing will afford evidence of an offence under this Act; (b)  the provincial officer reasonably believes that the thing was used or is being used in connection with the commission of an offence under this Act and that the seizure is necessary to prevent the continuation or repetition of the offence; or (c)  the thing is discharging or may discharge any material into the natural environment and an impairment of waters has resulted or may result from the discharge.  1998, c. 35, s. 52. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 52 - 01/02/1999
20 (1) In this section, “offence” means an offence under this Act related to the discharge of any material that may impair the quality of the water of any water or watercourse. Search by provincial officer re actual pollution (2) A provincial officer may, without a search warrant, search any place other than a room actually used as a dwelling if the provincial officer has reasonable ground to believe, (a)  that an offence has been committed; (b)  that there is in such place any thing that will afford evidence as to the commission of the offence; and (c)  that there are exigent circumstances that make it impractical to obtain a search warrant.  R.S.O. 1990, c. O.40, s. 20 (1, 2). Seizure during search (3) During a search under subsection (2), a provincial officer may, without warrant or court order, seize any thing if, (a)  the provincial officer reasonably believes that the thing will afford evidence of an offence; or (b)  the provincial officer reasonably believes that the thing was used or is being used in connection with the commission of an offence and that the seizure is necessary to prevent the continuation or repetition of the offence.  1998, c. 35, s. 53. (4) Repealed:  1998, c. 35, s. 53. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 53 - 01/02/1999
20.1 (1) A provincial officer who seizes any thing under section 19 or 20 may remove the thing or detain it in the place where it is seized. Receipt (2) Where possible, a provincial officer shall inform the person from whom a thing is seized under section 19 or 20 as to the reason for the seizure and shall give the person a receipt for the thing seized.  1998, c. 35, s. 54. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 54 - 01/02/1999
21 (1) A provincial officer who seizes any thing during an inspection or search under section 19 or 20 shall bring the thing seized before a justice or, if that is not reasonably possible, shall report the seizure to a justice.  1998, c. 35, s. 55. Procedure (2) Sections 159 and 160 of the Provincial Offences Act apply with necessary modifications in respect of a thing seized by a provincial officer during an inspection or search under section 19 or 20.  R.S.O. 1990, c. O.40, s. 21 (2). Section Amendments with date in force (d/m/y) 1998, c. 35, s. 55 - 01/02/1999
21.1 (1) Where the Director believes that, given the nature of a thing seized under section 19 or 20, the thing may pose a risk to human health or safety or to property, the Director may direct the person having custody of the thing, to dispose of the thing in a manner satisfactory to the Director. Disposition of seized perishables (2) Where the person having custody of any thing seized under section 19 or 20 believes that the thing will rot, spoil or otherwise perish, the person may dispose of the thing. Non-application of provision (3) Section 21 does not apply to a thing disposed of in accordance with this section. Forfeiture (4) A thing disposed of in accordance with this section is forfeited to the Crown.  1998, c. 35, s. 56. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 56 - 01/02/1999
21.2 (1) Where a thing has been disposed of in accordance with section 21.1, the Director shall ensure that a provincial officer gives written notice of the seizure and disposal within 15 days of the disposal, (a)  to every person whom the provincial officer knows or has reason to believe is an owner of the thing seized; and (b)  to every person who has a security interest in the thing that is perfected by registration under the Personal Property Security Act against the name of any person whom the provincial officer knows or has reason to believe is the owner.  1998, c. 35, s. 56. Contents of notice (2) Notice under subsection (1) shall include, (a)  a description of the thing seized sufficient to enable it to be identified; (b)  the location at which the thing was seized; (c)  the date of the seizure and disposal; (d)  the name and telephone number of the provincial officer who seized the thing or of his or her delegate; (e)  a statement of the reason for the seizure and disposal; (f)  a reference to the statutory provision authorizing the seizure and disposal; and (g)  a reference to the statutory provision permitting the person to apply to the Superior Court of Justice for relief against the forfeiture.  1998, c. 35, s. 56; 2001, c. 9, Sched. G, s. 6 (50). Section Amendments with date in force (d/m/y) 1998, c. 35, s. 56 - 01/02/1999 2001, c. 9, Sched. G, s. 6 (50) - 29/06/2001
22 (1) A provincial officer may use such force as is reasonably necessary, (a)  to carry out an order issued under this Act, other than an order issued by a provincial officer; (b)  to execute a warrant issued under the Provincial Offences Act; or (c)  to prevent the destruction of any thing that the provincial officer reasonably believes may afford evidence of an offence under this Act.  R.S.O. 1990, c. O.40, s. 22; 1998, c. 35, s. 57 (1, 2). Same (2) For the purposes of clause (1) (a), an order issued by the Director that confirms or amends an order issued by a provincial officer is not an order issued by a provincial officer.  1998, c. 35, s. 57 (3). Section Amendments with date in force (d/m/y) 1998, c. 35, s. 57 (1-3) - 01/02/1999
22.1 (1) In this section, “device” means a substance or tracking device that, when placed or installed in or on any place, land or thing, may be used to help ascertain, by electronic or other means, the origin, identity or location of anything. Order may be issued (2) On application without notice, a justice may issue an order in writing authorizing a provincial officer, subject to this section, to use any device, investigative technique or procedure or to do any thing described in the order if the justice is satisfied by evidence under oath that there are reasonable grounds to believe that an offence against this Act has been or will be committed and that information concerning the offence will be obtained through the use of the device, technique or procedure or the doing of the thing. Limitation (3) An order under this section shall not authorize the interception of any private communication. Same (4) No device, technique or procedure shall be used to intercept any private communication under an order issued under this section. Terms and conditions of order (5) An order issued under this section shall contain such terms and conditions as the justice considers advisable in the circumstances. Activities under order (6) An order issued under this section may authorize a provincial officer, (a)  to place, install, maintain or remove a device in or on any land, place or thing; and (b)  to monitor, or to have monitored, a device or information from the device placed or installed in or on any land, place or thing. Duration of order (7) An order issued under this section is valid for a period of 60 days or for such shorter period as may be specified in the order. Further orders (8) A justice may issue further orders under subsection (2).  1998, c. 35, s. 58. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 58 - 01/02/1999
23 A provincial officer who makes or causes the making of an excavation in the course of his or her duties under this Act shall restore the property, so far as is reasonably possible, to the condition it was in before the excavation was made.  R.S.O. 1990, c. O.40, s. 23; 2005, c. 12, s. 2 (11). Section Amendments with date in force (d/m/y) 2005, c. 12, s. 2 (11) - 13/06/2005
24 It is a condition of every licence, permit or approval under this Act that the holder must forthwith on request permit provincial officers to carry out inspections of any place to which the licence, permit or approval relates, other than a room actually used as a dwelling, if the inspection is authorized by, (a)  section 15, 15.1 or 17 of this Act; (b)  section 156, 156.1 or 158 of the Environmental Protection Act; (c)  section 13, 14 or 16 of the Nutrient Management Act, 2002; (d)  section 19, 19.1 or 20 of the Pesticides Act; (e)  section 81, 82 or 89 of the Safe Drinking Water Act, 2002; or (f)  section 15 or 18 of the Toxics Reduction Act, 2009.  2007, c. 10, Sched. D, s. 2 (5); 2009, c. 19, s. 70 (6). Section Amendments with date in force (d/m/y) 1998, c. 35, s. 59 - 01/02/1999 2002, c. 4, s. 65 (2)
- 01/07/2003 2007, c. 10, Sched. D, s. 2 (5) - 04/06/2007 2009, c. 19, s. 70 (6)
- 01/01/2010; 2009, c. 19, s. 70 (7)
- no effect - see 2009, c. 19, s. 65
- 31/12/2019
25 Whenever a provincial officer is required or empowered by this Act or the regulations to do or direct the doing of anything, such provincial officer may take such steps and employ such assistance as is necessary to accomplish what is required, and may, when obstructed in so doing, call for the assistance of any member of the Ontario Provincial Police Force or the police force in the area where the assistance is required and it is the duty of every member of a police force to render such assistance.  1998, c. 35, s. 60. Note: On a day to be named by proclamation of the Lieutenant Governor, section 25 of the Act is repealed and the following substituted: (See: 2019, c. 1, Sched. 4, s. 42) Calling for assistance of member of police service 25 Whenever a provincial officer is required or empowered by this Act or the regulations to do or direct the doing of anything, the provincial officer may take such steps and employ such assistance as is necessary to accomplish what is required, and may, when obstructed in so doing, call for the assistance of any member of the police service in the area where the assistance is required, and it is the duty of every member of a police service to render such assistance. 2019, c. 1, Sched. 4, s. 42. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 60 - 01/02/1999 2018, c. 3, Sched. 5, s. 44 - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 42 - not in force
26 (1) The Ministry of Government Services Act and the Ministry of Infrastructure Act, 2011 do not apply to personal or real property of the Agency acquired for the purpose of a project or for the provision of water or sewage service by the Agency as defined in section 74.  2011, c. 9, Sched. 27, s. 36. Disposition of surplus property (2) Subject to the approval of the Minister and the Minister of Infrastructure, the Ontario Infrastructure and Lands Corporation may dispose of real property referred to in subsection (1) that is surplus to the needs of the Province.  2011, c. 9, Sched. 27, s. 36. Section Amendments with date in force (d/m/y) 1993, c. 23, s. 73 (15) - 15/11/1993 2011, c. 9, Sched. 27, s. 36 - 06/06/2011
27 (1) A right or interest in, over, above, upon, across, along, through, under or affecting any land or any covenant or condition relating thereto, in respect of water or sewage works, in favour of the Crown, the Agency or any municipality having a contract with the Crown or the Agency in respect of water or sewage works is valid and enforceable in accordance with the terms of the instrument granting, creating or containing them, although the right or interest or the benefit of the covenant or condition is not appurtenant or annexed to or for the benefit of any land of the Crown, the Agency or the municipality.  R.S.O. 1990, c. O.40, s. 27 (1); 1993, c. 23, s. 73 (16). Terms of instrument binding on successors (2) On and after the registration of an instrument to which subsection (1) applies in the proper land registry office, all the rights, interests, covenants and conditions granted or created by or contained in the instrument are binding upon and enure to the benefit of the heirs, successors, personal representatives and assigns of the parties to the instrument.  R.S.O. 1990, c. O.40, s. 27 (2). Liability of grantor for breach of covenant limited (3) A party to an instrument to which subsection (1) applies or a person to whom subsection (2) applies is not liable for breach of a covenant or condition contained in the instrument committed after the person ceased to be the owner of the land therein mentioned, or after the person ceased to hold the interest in the land by virtue of which the person or the person’s predecessor in title executed the instrument.  R.S.O. 1990, c. O.40, s. 27 (3). Land to remain subject to instrument when sold for taxes (4) Where the land mentioned in an instrument to which subsection (1) applies is sold for taxes, the land shall be deemed to have been sold subject to any right or interest granted or created by and any condition or covenant contained in the instrument.  R.S.O. 1990, c. O.40, s. 27 (4). Application (5) This section applies to rights, interests, covenants and conditions granted or created by or contained in any instrument of the type mentioned in subsection (1), executed after the 28th day of March, 1956.  R.S.O. 1990, c. O.40, s. 27 (5). Section Amendments with date in force (d/m/y) 1993, c. 23, s. 73 (16) - 15/11/1993 Water 28 Repealed:  2005, c. 12, s. 2 (12). Section Amendments with date in force (d/m/y) 1998, c. 35, s. 61 - 01/02/1999 2000, c. 22, s. 2 (2) - 21/11/2000 2005, c. 12, s. 2 (12)
- 13/06/2005
29 (1) For the purposes of this Act, the Minister has the supervision of all surface waters and ground waters in Ontario.  R.S.O. 1990, c. O.40, s. 29 (1). Examination for pollution (2) The Minister may examine any surface waters or ground waters in Ontario from time to time to determine what, if any, pollution exists and the causes thereof.  R.S.O. 1990, c. O.40, s. 29 (2). Injunction to prevent pollution of water (3) Where any person is discharging or causing or permitting the discharge of any material of any kind into or in or near any waters that, in the opinion of the Minister, may impair the quality of the water in such waters, the Minister may apply without notice to the Superior Court of Justice for an order prohibiting such discharge for such period not exceeding twenty-one days and on such terms and conditions as a judge considers proper, and such order may, on application to the Court, be continued for such period and on such terms and conditions as a judge considers proper.  R.S.O. 1990, c. O.40, s. 29 (3); 2001, c. 9, Sched. G, s. 6 (50). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. G, s. 6 (50) - 29/06/2001
30 (1) Every person that discharges or causes or permits the discharge of any material of any kind into or in any waters or on any shore or bank thereof or into or in any place that may impair the quality of the water of any waters is guilty of an offence.  R.S.O. 1990, c. O.40, s. 30 (1). Ministry to be notified when polluting material is discharged or escapes (2) Every person that discharges or causes or permits the discharge of any material of any kind, and such discharge is not in the normal course of events, or from whose control material of any kind escapes into or in any waters or on any shore or bank thereof or into or in any place that may impair the quality of the water of any waters, shall forthwith notify the Ministry of the discharge or escape, as the case may be.  R.S.O. 1990, c. O.40, s. 30 (2); 2006, c. 19, Sched. K, s. 3 (2). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. K, s. 3 (2) - 22/06/2006
31 A Director may by order prohibit or regulate the discharge by any person of sewage into or in any waters, and such order may be amended, varied or revoked by the Director as the Director considers desirable.  R.S.O. 1990, c. O.40, s. 31.
32 Where, in the opinion of a Director, it is in the public interest to do so, the Director, by order, may require a person who owns, manages or has control of a sewage works, water works or other facility which may discharge material into a water or watercourse that may impair the quality of the water, to do any one or more of the following: 1.  To have available at all times, or during the periods specified in the order, the equipment, material and personnel specified in the order at the locations specified in the order to prevent, reduce or alleviate any impairment of the quality of the water or the effects of any impairment of the quality of the water. 2.  To obtain, construct and install or modify the devices, equipment and facilities specified in the order at the locations and in the manner specified in the order. 3.  To implement the procedures specified in the order. 4.  To take all steps necessary to ensure that the procedures specified in the order will be implemented in the event that a water or watercourse becomes impaired or may become impaired. 5.  To monitor and record the quality and quantity of any water specified in the order and to report thereon to the Director. 6.  To study and to report to the Director upon, i.  measures to control the discharge into a water or watercourse of a material specified in the order, ii.  the effects of the discharge into a water or watercourse of a material specified in the order, iii.  the water or watercourse into which a material specified in the order may be discharged.  R.S.O. 1990, c. O.40, s. 32.