jswizzle3737/ontario_laws_and_regs huggingface dataset:
74.1 (1) In this section, “old section 74” means section 74 as it read immediately before the day the Good Government Act, 2009
received Royal Assent.  2009, c. 33, Sched. 2, s. 55 (8). Not subject to petition (2) Every order made under the old section 74, or rate or charge imposed by such an order, that is the subject of a petition filed under subsection (9) or (14) of that section, as the case may be, that is not disposed of or withdrawn before the day the Good Government Act, 2009 receives Royal Assent is deemed not to be subject to petition to the Lieutenant Governor in Council, and shall not be considered or continue to be considered, as the case may be, by the Lieutenant Governor in Council.  2009, c. 33, Sched. 2, s. 55 (8). Same (3) Every order made under the old section 74, or rate or charge imposed by such an order, that may be the subject of a petition filed under subsection (9) or (14) of that section, as the case may be, is deemed not to be subject to petition to the Lieutenant Governor in Council, and shall not be considered by the Lieutenant Governor in Council.  2009, c. 33, Sched. 2, s. 55 (8). No effect on validity (4) Nothing in this section affects the validity of an order, or rate or charge imposed by an order, that, but for subsection 55 (3) or (7) of Schedule 2 to the Good Government Act, 2009 and this section, was or could have been the subject of a petition filed under subsection (9) or (14) of the old section 74.  2009, c. 33, Sched. 2, s. 55 (8). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 2, s. 55 (8) - 15/12/2009 Regulations
76.1 The Minister may make regulations deeming a permit or all permits in a specified class to be revoked on a specified date, where the permit or permits in the class relate to water takings that are exempted from subsection 34 (1). 2019, c. 14, Sched. 8, s. 34. Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 8, s. 34 - 10/12/2019
77 (1) A regulation may be general or particular in its application, may be limited as to time or place or both and may exclude any place from the application of the regulation.  1997, c. 7, s. 8. Classes (2) A regulation may apply in respect of any class of activity, matter, person or thing.  1997, c. 7, s. 8. Same (3) A class under this Act or the regulations may be defined with respect to any attribute, quality or characteristic or combination thereof and may be defined to consist of or to include or exclude any specified member whether or not with the same attributes, qualities or characteristics.  1997, c. 7, s. 8. Adoption of documents in regulations (4) A regulation may adopt by reference, in whole or in part, with such changes as the Lieutenant Governor in Council considers necessary, any document, including a code, formula, standard, protocol, or procedure, and may require compliance with any document so adopted.  2010, c. 16, Sched. 7, s. 3 (31). Rolling incorporation by reference (5) The power to adopt by reference and require compliance with a document in subsection (4) includes the power to adopt a document as it may be amended from time to time.  2010, c. 16, Sched. 7, s. 3 (32). When effective (6) The adoption of an amendment to a document that has been adopted by reference comes into effect upon the Ministry publishing notice of the amendment in The Ontario Gazette or in the registry under the Environmental Bill of Rights, 1993.  1997, c. 7, s. 8; 2010, c. 16, Sched. 7, s. 3 (33). Section Amendments with date in force (d/m/y) 1997, c. 7, s. 8 - 05/06/1997 2010, c. 16, Sched. 7, s. 3 (31-33) - 25/10/2010
78 No action or other proceeding shall be brought against the Crown, the Minister or an employee or agent of the Crown because of anything arising out of or in relation to a matter carried on or purported to be carried on pursuant to a regulation that exempts a person from the requirement to obtain an approval, licence or permit.  1997, c. 7, s. 8. Section Amendments with date in force (d/m/y) 1997, c. 7, s. 8 - 05/06/1997 79 Repealed:  1992, c. 23, s. 39 (5). Section Amendments with date in force (d/m/y) 1992, c. 23, s. 39 (5) - 01/07/1993 Work Done by Ministry
80 (1) Where a direction, order or decision made under this Act is stayed, the Minister may cause to be done any thing required by the direction, order or decision. Exception (2) Subsection (1) does not apply in respect of reports made under section 62.  R.S.O. 1990, c. O.40, s. 80.
81 (1) Where a direction, order or decision made by the Director or Minister under this Act is not stayed, the Director may cause to be done any thing required by it if, (a)  a person required by the direction, order or decision to do the thing, (i)  has refused to comply with or is not complying with the direction, order or decision, (ii)  is not likely, in the Director’s opinion, to comply with the direction, order or decision promptly, (iii)  is not likely, in the Director’s opinion, to carry out the direction, order or decision competently, or (iv)  requests the assistance of the Director in complying with the direction, order or decision; (a.1)  a receiver or trustee in bankruptcy is not required to do the thing because of subsection 13 (5) or 89.12 (7); or (b)  in the Director’s opinion, it would be in the public interest to do so.  R.S.O. 1990, c. O.40, s. 81 (1); 2001, c. 17, s. 5 (4). Exception (2) Subsection (1) does not apply in respect of reports made under section 62.  R.S.O. 1990, c. O.40, s. 81 (2). Notice of intent to cause things to be done (3) The Director shall give notice of an intention to cause a thing to be done under this section to each person required by a direction, order or decision made under this Act to do the thing.  R.S.O. 1990, c. O.40, s. 81 (3). Idem (4) A person who receives a notice under subsection (3) shall not do the thing referred to in the notice without the permission of the Director.  R.S.O. 1990, c. O.40, s. 81 (4). Section Amendments with date in force (d/m/y) 2001, c. 17, s. 5 (4)
- 01/12/2002
82 Where the Director is authorized by this Act to make a direction, order or decision requiring a person to do a thing and the identity of the person cannot be ascertained, the Director may cause the thing to be done.  R.S.O. 1990, c. O.40, s. 82.
82.1 (1) If, but for sections 89.1 to 89.14, the Director or a provincial officer would be authorized by this Act to make a direction or order requiring a person to do a thing, the Director may cause the thing to be done.  2001, c. 17, s. 5 (5). Same (2) Subsection (1) applies even if the Director is authorized to make a direction or order requiring another person to do the thing.  2001, c. 17, s. 5 (5). Section Amendments with date in force (d/m/y) 2001, c. 17, s. 5 (5)
- 01/12/2002 Powers of entry, ss. 80-82.1
83 (1) A person who is responsible for doing a thing under section 80, 81, 82 or 82.1 may, for the purpose, enter on or into any land or place on or in which the thing is to be done and any adjacent land or place without an order if, (a)  the entry is made with the consent of an occupier or owner of the land or place; or (b)  the delay necessary to obtain an order under subsection (2) would result in, (i)  danger to the health or safety of any person, (ii)  impairment or serious risk of impairment of any waters or any use of waters, or (iii)  injury or damage or serious risk of injury or damage to any property or to any plant or animal life.  1998, c. 35, s. 63 (1); 2001, c. 17, s. 5 (6). Order authorizing entry (2) A justice who is satisfied on evidence under oath that there is reasonable ground to believe that entry on land or into or on a place is necessary for the purpose of doing a thing under section 80, 81, 82 or 82.1, may issue an order authorizing the person named in the order to make the entry and do the thing.  1998, c. 35, s. 63 (1); 2001, c. 17, s. 5 (7). Execution and expiry of order (3) An order issued under subsection (2) shall, (a)  specify the times, which may be twenty-four hours each day, during which the order may be carried out; and (b)  state when the order expires.  R.S.O. 1990, c. O.40, s. 83 (3); 1998, c. 35, s. 63 (2). Renewal (4) Before or after the order expires, a justice may renew the order, for such additional periods as the justice considers necessary.  1998, c. 35, s. 63 (3). Use of force (5) A person authorized under clause (1) (b) or subsection (2) to enter on land or a place for the purpose of doing a thing may call on police officers as necessary and may use force as necessary to make the entry and do the thing.  R.S.O. 1990, c. O.40, s. 83 (5); 1998, c. 35, s. 63 (4). Assistance (6) A person named in an order issued under subsection (2) may call on any other persons he or she considers advisable to execute a warrant.  R.S.O. 1990, c. O.40, s. 83 (6); 1998, c. 35, s. 63 (5). Application without notice (7) A justice may receive and consider an application for an order or a renewal of an order under this section without notice to the owner or occupier of the land or place.  1998, c. 35, s. 63 (6). Identification (8) On the request of an owner or occupier of the land or place, a person who exercises a power conferred under subsection (1) or (2) shall identify himself or herself and shall explain the purpose of the entry.  R.S.O. 1990, c. O.40, s. 83 (8); 1998, c. 35, s. 63 (7). Section Amendments with date in force (d/m/y) 1998, c. 35, s. 63 (1-7) - 01/02/1999 2001, c. 17, s. 5 (6, 7)
- 01/12/2002
85 At a hearing by the Tribunal on an order to pay costs, the Director may, on reasonable notice to all parties, ask the Tribunal to amend the order by adding new items of cost or by increasing the amounts set out in the order.  R.S.O. 1990, c. O.40, s. 85; 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
86 (1) At a hearing by the Tribunal on an order under subsection 84 (1) or (2.1) to a person to pay the costs of doing things, the Tribunal shall consider only whether any of the costs specified in the order, (a)  do not relate to a thing that the person was required to do by a direction, order or decision made under this Act, as amended by any Tribunal decision or on any appeal from an Tribunal decision; or (b)  are unreasonable having regard to what was done.  R.S.O. 1990, c. O.40, s. 86; 2000, c. 26, Sched. F, s. 13 (13); 2005, c. 12, s. 2 (14). Same, receiver or trustee in bankruptcy (2) For the purpose of subsection (1), if the order under subsection 84 (1) or (2.1) was issued to a receiver or trustee in bankruptcy, (a)  the receiver or trustee in bankruptcy shall be deemed to have been required to do any thing that was required to be done by the person whose property the receiver or trustee in bankruptcy holds or administers; and (b)  the receiver or trustee in bankruptcy shall be deemed to have been required to do a thing that, pursuant to subsection 13 (5) or 89.12 (7), the receiver or trustee in bankruptcy was not required to do.  2001, c. 17, s. 5 (10). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. F, s. 13 (13) - 06/12/2000 2001, c. 17, s. 5 (10)
- 01/12/2002 2005, c. 12, s. 2 (14)
- 13/06/2005
87 (1) An order to pay costs may be filed with the Superior Court of Justice and enforced as if it were an order of the court.  R.S.O. 1990, c. O.40, s. 87 (1); 2001, c. 9, Sched. G, s. 6 (50). Interest (2) Section 129 of the Courts of Justice Act
applies in respect of an order filed with the court under subsection (1) and, for the purpose, the date of filing shall be deemed to be the date of the order.  R.S.O. 1990, c. O.40, s. 87 (2). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. G, s. 6 (50) - 29/06/2001
89 Where an order to pay costs is directed to a person who has given a deposit under a regulation made under the Environmental Protection Act or is in respect of works or property for which financial assurance is required under Part XII of that Act or a regulation made under clause 176 (2.4) (i) of that Act, the deposit or financial assurance may be used to recover amounts specified in the order to pay costs.  2010, c. 16, Sched. 7, s. 3 (34). Section Amendments with date in force (d/m/y) 2001, c. 17, s. 5 (11)
- 01/12/2002 2010, c. 16, Sched. 7, s. 3 (34) - 31/10/2011 Records of Site Condition
89.1 In sections 89.2, 89.2.1, 89.2.2 and 89.3,  “certificate of property use” has the same meaning as in the Environmental Protection Act; (“certificat d’usage d’un bien”) “certification date” has the same meaning as in the Environmental Protection Act; (“date d’attestation”) “land” has the same meaning as in the Environmental Protection Act; (“terrain”) “Registry” means the Environmental Site Registry established under Part XV.1 of the Environmental Protection Act; (“Registre”) “water” has the same meaning as in the Environmental Protection Act. (“eau”)  2007, c. 7, Sched. 30, s. 1 (1). Section Amendments with date in force (d/m/y) 2001, c. 17, s. 5 (12)
- 01/10/2004 2007, c. 7, Sched. 30, s. 1 (1) - 17/05/2007; 2007, c. 7, Sched. 30, s. 1 (2) - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2017
89.2.2 (1) The Director shall file notice of the order in the Registry in accordance with the regulations referred to in subsection 168.7.2 (1) of the Environmental Protection Act if an order is issued under section 16, 16.1 or 32 with respect to a property for which a record of site condition has been filed in accordance with section 168.4 of the Environmental Protection Act, and if, (a)  pursuant to subsection 89.2 (2), (3) or (4.1), subsection 89.2 (1) does not apply; or (b)  subsection 89.2 (4) applies.  2007, c. 7, Sched. 30, s. 4. Notice of compliance (2) If the Director is satisfied that an order referred to in subsection (1) has been complied with, the Director shall file notice of the compliance in the Registry in accordance with the regulations referred to in subsection 168.7.2 (2) of the Environmental Protection Act.  2007, c. 7, Sched. 30, s. 4. Filing of new record of site condition (3) If the Director is satisfied that an order referred to in subsection (1) 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 (2) does not apply until a new record of site condition is filed in accordance with section 168.4 of the Environmental Protection Act.  2007, c. 7, Sched. 30, s. 4. Section Amendments with date in force (d/m/y) 2007, c. 7, Sched. 30, s. 4 - 01/07/2011
89.3 (1) If a record of site condition is filed in the Registry in accordance with section 168.4 of the Environmental Protection Act with respect to a property, the Director may issue an order described in subsection (2) to the person who owns the property if 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 (12); 2007, c. 7, Sched. 30, s. 5. Scope of order (2) An order under subsection (1) may only require the owner, 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 there is no danger to the health or safety of any person.  2001, c. 17, s. 5 (12). Same (3) The directions referred to in subsection (2) 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 (12); 2005, c. 12, s. 2 (15). Information to be included in order (4) An order under subsection (1) shall briefly describe the reasons for the order and the circumstances on which the reasons are based.  2001, c. 17, s. 5 (12). Notice of order to be filed in Registry (5) The Director shall file notice of an order under subsection (1) in the Registry in accordance with the regulations referred to in subsection 168.8 (5) of the Environmental Protection Act.  2001, c. 17, s. 5 (12). Notice of compliance with order (6) If the Director is satisfied that an order under subsection (1) 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 (12). Filing of new record of site condition (7) If the Director is satisfied that an order under subsection (1) 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 (6) 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 (12). Section Amendments with date in force (d/m/y) 2001, c. 17, s. 5 (12)
- 01/10/2004 2005, c. 12, s. 2 (15) - 13/06/2005 2007, c. 7, Sched. 30, s. 5 - 17/05/2007 Special Provisions Applicable to Municipalities, Secured Creditors, Receivers, Trustees in Bankruptcy, Fiduciaries and Property Investigators
89.4 In this section and in sections 89.5 to 89.14, “certification date” has the same meaning as in the Environmental Protection Act; (“date d’attestation”) “contaminant” has the same meaning as in the Environmental Protection Act; (“contaminant”) “fiduciary property” means property held or administered by a fiduciary in the capacity of fiduciary, or property in respect of which a fiduciary has powers or duties in the capacity of fiduciary; (“bien fiduciaire”) “non-municipal property” means, with respect to a municipality, property that is not owned, leased or occupied by the municipality; (“bien non municipal”) “Registry” means the Environmental Site Registry established under Part XV.1 of the Environmental Protection Act. (“Registre”)  2001, c. 17, s. 5 (13); 2007, c. 7, Sched. 30, s. 6. Section Amendments with date in force (d/m/y) 2001, c. 17, s. 5 (13)
- 01/12/2002 2007, c. 7, Sched. 30, s. 6 - 17/05/2007
89.5 Sections 89.6 to 89.14 shall not be construed as affecting any cause of action that a person would have in the absence of those sections.  2001, c. 17, s. 5 (13). Section Amendments with date in force (d/m/y) 2001, c. 17, s. 5 (13)
- 01/12/2002
89.6 (1) A municipality or a municipal representative who takes an action described in subsection (2) is not, for that reason alone, (a)  a person who manages or has control of a facility for the purpose of subsection 16.1 (1); (b)  a person who manages or has control of a sewage works for the purpose of subsection 16.2 (1); (c)  a person who manages or has control of a sewage works, water works or other facility for the purpose of section 32; or (d)  a person to whom a direction may be issued under section 61.  2001, c. 17, s. 5 (13); 2007, c. 10, Sched. D, s. 2 (10, 11). Actions (2) The actions referred to in subsection (1) are the following: 1.  Any action taken for the purpose of conducting, completing or confirming an investigation relating to non-municipal property. 2.  Any action taken for the purpose of preserving or protecting non-municipal property, including action to, i.  ensure the supply of water, sewage services, electricity, artificial or natural gas, steam, hot water, heat or maintenance, ii.  secure the property by means of locks, gates, fences, security guards or other means, or iii.  ensure that the property is insured under a contract of insurance. 3.  Any action taken on non-municipal property for the purpose of responding to, i.  any danger to the health or safety of any person that results from the presence or discharge of material on, in or under the property, ii.  any impairment or serious risk of impairment of any waters or any use of waters that results from the presence or discharge of material on, in or under the property, or iii.  any injury or damage or serious risk of injury or damage to any property or to any plant or animal life that results from the presence or discharge of material on, in or under the property. 4.  Any action taken with respect to non-municipal property to exercise a right under any Act to collect rent or levy by distress in relation to an unpaid amount. 5.  Any action taken on non-municipal property under or for the purpose of Part XI of the Municipal Act, 2001
or Part XIV of the City of Toronto Act, 2006. 6.  Any action taken on non-municipal property under or for the purpose of the Building Code Act, 1992, the
Fire Protection and Prevention Act, 1997 or an Act prescribed by the regulations referred to in paragraph 6 of subsection 168.12 (2) of the Environmental Protection Act. 7.  Any other action prescribed by the regulations referred to in paragraph 7 of subsection 168.12 (2) of the Environmental Protection Act.  2001, c. 17, s. 5 (13); 2002, c. 17, Sched. C, s. 19 (1); 2006, c. 32, Sched. C, s. 45 (10). Section Amendments with date in force (d/m/y) 2001, c. 17, s. 5 (13)
- 01/12/2002 2002, c. 17, Sched. C, s. 19 (1) - 01/01/2003 2006, c. 32, Sched. C, s. 45 (10) - 01/01/2007 2007, c. 10, Sched. D, s. 2 (10, 11) - 04/06/2007
89.7 (1) If a municipality becomes the owner of property by virtue of the registration of a notice of vesting under Part XI of the Municipal Act, 2001
or Part XIV of the City of Toronto Act, 2006, the Director or a provincial officer shall not, in respect of the period described in subsection (3), issue a direction or order under this Act to the municipality or a municipal representative with respect to the property unless the direction or order arises from, (a)  the gross negligence or wilful misconduct of the municipality or municipal representative; or (b)  circumstances prescribed by the regulations.  2006, c. 32, Sched. C, s. 45 (11). Consent order (2) Subsection (1) does not apply to a direction or order issued with the written consent of the municipality or municipal representative.  2001, c. 17, s. 5 (13). Time period (3) Subsection (1) only applies to the municipality or municipal representative in respect of the period that begins on the day the municipality became the owner of the property by virtue of the registration of the notice of vesting and ends on the earlier of the following days: 1.  The fifth anniversary of the day the municipality became the owner of the property by virtue of the registration of the notice of vesting. 2.  The day the municipality ceases to be the owner of the property.  2006, c. 19, Sched. K, s. 3 (3). Extension of period (4) The Director may extend the period referred to in subsection (3), before or after it expires, on such terms and conditions as he or she considers appropriate, but the period may not be extended beyond the day the municipality ceases to be the owner of the property.  2006, c. 19, Sched. K, s. 3 (3). Section Amendments with date in force (d/m/y) 2001, c. 17, s. 5 (13)
- 01/12/2002 2002, c. 17, Sched. C, s. 19 (2) - 01/01/2003 2006, c. 19, Sched. K, s. 3 (3) - 22/06/2006; 2006, c. 32, Sched. C, s. 45 (11) - 01/01/2007
89.9 (1) A secured creditor or a secured creditor representative who takes an action described in subsection (2) is not, for that reason alone, (a)  a person who manages or has control of a facility for the purpose of subsection 16.1 (1); (b)  a person who manages or has control of a sewage works for the purpose of subsection 16.2 (1); (c)  a person who manages or has control of a sewage works, water works or other facility for the purpose of section 32; (d)  a person to whom a direction may be issued under section 61; or (e)  an industrial or commercial enterprise for the purpose of subsection 91 (1) or (2).  2001, c. 17, s. 5 (13); 2007, c. 10, Sched. D, s. 2 (12, 13). Actions (2) The actions referred to in subsection (1) are the following: 1.  Any action taken for the purpose of conducting, completing or confirming an investigation relating to the secured property. 2.  Any action taken for the purpose of preserving or protecting the secured property, including action to, i.  ensure the supply of water, sewage services, electricity, artificial or natural gas, steam, hot water, heat or maintenance, ii.  secure the property by means of locks, gates, fences, security guards or other means, iii.  ensure that the property is insured under a contract of insurance, or iv.  pay taxes due or collect rents owing with respect to the property. 3.  Any action taken on the secured property for the purpose of responding to, i.  any danger to the health or safety of any person that results from the presence or discharge of material on, in or under the property, ii.  any impairment or serious risk of impairment of any waters or any use of waters that results from the presence or discharge of material on, in or under the property, or iii.  any injury or damage or serious risk of injury or damage to any property or to any plant or animal life that results from the presence or discharge of material on, in or under the property. 4.  Any other action prescribed by the regulations referred to in paragraph 4 of subsection 168.17 (2) 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 2007, c. 10, Sched. D, s. 2 (12, 13) - 04/06/2007
89.10 (1) If a secured creditor becomes the owner of the secured property by virtue of a foreclosure, the Director or a provincial officer shall not, in respect of the period described in subsection (3), issue any direction or order under any provision of this Act to the secured creditor or a secured creditor representative with respect to the property unless the direction or order arises from, (a)  the gross negligence or wilful misconduct of the secured creditor or secured creditor representative; or (b)  circumstances prescribed by the regulations.  2001, c. 17, s. 5 (13). Consent order (2) Subsection (1) does not apply to a direction or order issued with the written consent of the secured creditor or secured creditor representative.  2001, c. 17, s. 5 (13). Time period (3) Subsection (1) only applies to the secured creditor or secured creditor representative in respect of the period that begins on the day the secured creditor became the owner of the property by virtue of a foreclosure and ends on the earlier of the following days: 1.  The fifth anniversary of the day the secured creditor became the owner of the property by virtue of a foreclosure. 2.  The day the secured creditor ceases to be the owner of the property.  2006, c. 19, Sched. K, s. 3 (4). Extension of period (4) The Director may extend the period referred to in subsection (3), before or after it expires, on such terms and conditions as he or she considers appropriate, but the period may not be extended beyond the day the secured creditor ceases to be the owner of the property.  2006, c. 19, Sched. K, s. 3 (4). Section Amendments with date in force (d/m/y) 2001, c. 17, s. 5 (13)
- 01/12/2002 2006, c. 19, Sched. K, s. 3 (4) - 22/06/2006
89.11 (1) The Director or a provincial officer shall not issue any direction or order under any provision of this Act to a receiver, receiver representative, trustee in bankruptcy or trustee in bankruptcy representative with respect to the property held or administered by the receiver or trustee in bankruptcy unless the direction or order arises from, (a)  the gross negligence or wilful misconduct of the receiver, receiver representative, trustee in bankruptcy or trustee in bankruptcy representative; or (b)  circumstances prescribed by the regulations.  2001, c. 17, s. 5 (13). Consent order (2) Subsection (1) does not apply to a direction or order issued with the written consent of the receiver, receiver representative, trustee in bankruptcy or trustee in bankruptcy representative.  2001, c. 17, s. 5 (13). Section Amendments with date in force (d/m/y) 2001, c. 17, s. 5 (13)
- 01/12/2002
89.13 If the Minister, the Director or a provincial officer issues a direction, notice or order under any provision of this Act to a fiduciary or fiduciary representative with respect to fiduciary property, the obligation of the fiduciary or fiduciary representative to incur costs to comply with the direction, notice or order is limited to the value of the assets they hold or administer on the date they are served with the direction, notice or order, less their reasonable costs of holding or administering the assets, unless the direction, notice or order arose from the gross negligence or wilful misconduct of the fiduciary or fiduciary representative.  2001, c. 17, s. 5 (13). Section Amendments with date in force (d/m/y) 2001, c. 17, s. 5 (13)
- 01/12/2002
89.14 A person who conducts, completes or confirms an investigation in relation to property or a person who takes any action to reduce the concentration of contaminants on, in or under a property is not, for that reason alone, (a)  a person who manages or has control of a facility for the purpose of subsection 16.1 (1); (b)  a person who manages or has control of a sewage works for the purpose of subsection 16.2 (1); (c)  a person who manages or has control of a sewage works, water works or other facility for the purpose of section 32; or (d)  a person to whom a direction may be issued under section 61.  2001, c. 17, s. 5 (13); 2007, c. 7, Sched. 30, s. 7; 2007, c. 10, Sched. D, s. 2 (14, 15). Section Amendments with date in force (d/m/y) 2001, c. 17, s. 5 (13)
- 01/12/2002 2007, c. 7, Sched. 30, s. 7 - 17/05/2007; 2007, c. 10, Sched. D, s. 2 (14, 15) - 04/06/2007 Miscellaneous
90 (1) In this section, “commercial motor vehicle” and “motor vehicle” have the same meanings as in the Highway Traffic Act; (“véhicule utilitaire”, “véhicule automobile”) “offence notice or summons” means, (a)  an offence notice or summons under Part I of the Provincial Offences Act, or (b)  a summons under Part III of the Provincial Offences Act. (“avis d’infraction ou assignation”)  R.S.O. 1990, c. O.40, s. 90 (1); 1998, c. 35, s. 64 (1). Service of offence notice or summons (2) Delivery of an offence notice or summons to the operator of a commercial motor vehicle in respect of an offence under this Act related to the use of the vehicle shall be deemed to be personal service of the offence notice or summons on the owner or lessee of the vehicle who is named in the offence notice or summons. Employer (3) Delivery of an offence notice or summons to the operator of a motor vehicle in respect of an offence under this Act related to the use of the vehicle in the course of the operator’s employment shall be deemed to be personal service of the offence notice or summons on the employer of the operator of the vehicle.  R.S.O. 1990, c. O.40, s. 90 (2, 3). (4) Repealed:  1998, c. 35, s. 64 (2). Exception (5) Subsection (2) does not apply if, at the time of the offence, the vehicle was in the possession of the operator without the consent of the owner or lessee of the vehicle, as the case may be, but the burden of proof of that shall be on the owner or lessee of the vehicle. Permit holder deemed owner (6) For the purposes of this section, the holder of a permit under Part II of the Highway Traffic Act shall be deemed to be the owner of the vehicle referred to in the permit if a number plate under that Part bearing a number that corresponds to the permit was displayed on the vehicle at the time the offence was committed. Application of subs. (6) (7) Subsection (6) does not apply if the number plate was displayed on the vehicle without the consent of the holder of the permit, but the burden of proof of that shall be on the holder of the permit.  R.S.O. 1990, c. O.40, s. 90 (5-7). Section Amendments with date in force (d/m/y) 1998, c. 35, s. 64 (1, 2) - 01/02/1999 Service of offence notice, etc., corporations, etc.
90.1 (1) Service of an offence notice or summons on a municipal corporation may be effected by delivering it personally to the mayor, warden, reeve or other chief officer of the municipal corporation or to the clerk of the municipal corporation. Service on other corporations (2) Service of an offence notice or summons on a corporation other than a municipal corporation may be effected by delivering it personally to the manager, secretary or other officer of the corporation or to a person apparently in charge of a branch office of the corporation. Service on partnership (3) Service of an offence notice or summons on a partnership may be effected by delivering it personally to a partner or to a person apparently in charge of an office of the partnership. Service on a sole proprietorship (4) Service of an offence notice or summons on a sole proprietorship may be effected by delivering it personally to the sole proprietor or to a person apparently in charge of an office of the sole proprietorship. Substituted service (5) On application without notice, a justice, on being satisfied that service cannot be made effectively in accordance with subsections (1) to (4), may by order authorize another method of service that has a reasonable likelihood of coming to the attention of the municipal corporation, other corporation, partnership or sole proprietorship.  1998, c. 35, s. 65. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 65 - 01/02/1999
91 (1) If an industrial or commercial enterprise makes arrangements for the collection, transmission, treatment or disposal of sewage that are considered unsatisfactory by a Director, the Director may require such industrial or commercial enterprise, (a)  to make investigations and submit reports to the Director in respect of the collection, transmission, treatment or disposal of sewage; (b)  to install, construct or arrange such facilities for the collection, transmission, treatment or disposal of sewage; and (c)  to maintain, keep in repair and operate such facilities, as may be directed from time to time by order of the Director. Idem (2) If an industrial or commercial enterprise makes no arrangements for the collection, transmission, treatment or disposal of sewage, a Director may require such industrial or commercial enterprise, (a)  to make investigations and submit reports to the Director in respect of the collection, transmission, treatment or disposal of sewage; (b)  to install, construct or arrange such facilities for the collection, transmission, treatment or disposal of sewage; and (c)  to maintain, keep in repair and operate such facilities, as may be directed from time to time by order of the Director.  R.S.O. 1990, c. O.40, s. 91.
92 If, in the opinion of a Director, a discharge of sewage into a sewage works may interfere with the proper operation of a sewage works, the Director may by order require the person that discharges or causes or permits the discharge of sewage, (a)  to stop or regulate such discharge; or (b)  to take action in accordance with and within the time required by the order.  R.S.O. 1990, c. O.40, s. 92.
93 (1) No action or other proceeding for damages or otherwise shall be instituted against any of the following persons for any act done in good faith in the execution or intended execution of any duty or authority under this Act or for any alleged neglect or default in the execution in good faith of such a duty or authority: 1.  Repealed:  2009, c. 33, Sched. 2, s. 55 (9). 2.  An employee in the Ministry or of the Agency. 3.  A public servant employed under Part III of the Public Service of Ontario Act, 2006 who is acting under the direction of a person described in paragraph 2.  2006, c. 35, Sched. C, s. 105 (3); 2009, c. 33, Sched. 2, s. 55 (9, 10). Exception (1.1) Subsection (1) does not apply in the case of an application for judicial review or an action or proceeding that is specifically provided for with respect to a person described in subsection (1) in any Act or in a regulation made under this or any other Act.  2006, c. 35, Sched. C, s. 105 (3). Crown not relieved of liability (2) Subsection (1) does not, by reason of subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, relieve the Crown of liability in respect of a tort committed by a person described in subsection (1) to which it would otherwise be subject and the Crown is liable under that Act for any such tort in a like manner as if subsection (1) had not been enacted.  R.S.O. 1990, c. O.40, s. 93 (2); 2019, c. 7, Sched. 17, s. 137. Section Amendments with date in force (d/m/y) 1993, c. 23, s. 73 (49) - 15/11/1993 2000, c. 26, Sched. F, s. 13 (11) - 06/12/2000 2006, c. 35, Sched. C, s. 105 (3) - 20/08/2007 2009, c. 33, Sched. 2, s. 55 (9, 10) - 15/12/2009 2019, c. 7, Sched. 17, s. 137 - 01/07/2019
94 (1) Proceedings for an offence under this Act or the regulations shall not be commenced later than two years after the later of, (a)  the day on which the offence was committed; and (b)  the day on which evidence of the offence first came to the attention of a person appointed under section 5.  R.S.O. 1990, c. O.40, s. 94 (1); 2001, c. 9, Sched. G, s. 6 (38). Idem (2) Clause (1) (b) does not apply in respect of offences committed more than two years before the 28th day of June, 1990.  R.S.O. 1990, c. O.40, s. 94 (2). Section Amendments with date in force (d/m/y) 1992, c. 23, s. 39 (6) - See 1997, c. 24, s. 224 (19) - 17/06/1998 2001, c. 9, Sched. G, s. 6 (38) - 29/06/2001 Power to restrain
95 (1) Where any provision of this Act or the regulations or any direction, order, approval, notice or permit, made, granted, given, served or issued by a Director under this Act is contravened, in addition to any other remedy and to any penalty imposed by law, such contravention may be restrained by action at the instance of the Minister.  R.S.O. 1990, c. O.40, s. 95 (1); 2001, c. 9, Sched. G, s. 6 (39). By order upon conviction (2) Upon its own initiative or on motion by counsel for the prosecutor, the court that convicts a person of an offence under this Act, in addition to any other remedy and to any other penalty imposed by law, may make an order prohibiting the continuation or repetition by the person of the act or omission for which the person is convicted.  R.S.O. 1990, c. O.40, s. 95 (2). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. G, s. 6 (39) - 29/06/2001
96 The Minister may establish and require the payment of fees in respect of any matter under this Act, specify to whom the fees are paid, provide for the retention of all or part of the fees by the person to whom they are paid and provide for the refund of fees.  2001, c. 9, Sched. G, s. 6 (40). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. G, s. 6 (40) - 29/06/2001 97 Repealed:  2001, c. 9, Sched. G, s. 6 (40). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. G, s. 6 (40) - 29/06/2001
98 (1) No person shall hinder or obstruct any provincial officer or any employee in or agent of the Ministry or the Agency in the performance of his or her duties under this Act.  1998, c. 35, s. 66; 2006, c. 35, Sched. C, s. 105 (4). False information (2) No person shall orally, in writing or electronically, give or submit false or misleading information in any statement, document or data, to any provincial officer, the Minister, the Ministry or the Agency, any employee in or agent of the Ministry or the Agency, or any person involved in carrying out a program of the Ministry or the Agency in respect of any matter related to this Act or the regulations.  1998, c. 35, s. 66; 2001, c. 9, Sched. G, s. 6 (41); 2006, c. 35, Sched. C, s. 105 (5). Same (3) No person shall include false or misleading information in any document or data required to be created, stored or submitted under this Act.  1998, c. 35, s. 66. Refusal to furnish information (4) No person shall refuse to furnish any provincial officer, the Minister, the Ministry, the Agency or any employee in or agent of the Ministry or the Agency with information required for the purposes of this Act and the regulations.  1998, c. 35, s. 66; 2006, c. 35, Sched. C, s. 105 (6). Section Amendments with date in force (d/m/y) 1998, c. 35, s. 66 - 01/02/1999 2001, c. 9, Sched. G, s. 6 (41) - 29/06/2001 2006, c. 35, Sched. C, s. 105 (4-6) - 20/08/2007
99 Any amount due and payable by a person to the Minister of Finance in respect of any matter under this Act, together with such interest and expenses of debt service as may be determined by the Minister of Finance with respect to such amount, may be recovered by the Minister of the Environment with costs in a court of competent jurisdiction as a debt due to the Crown by the person.  R.S.O. 1990, c. O.40, s. 99; 2001, c. 9, Sched. G, s. 6 (42). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. G, s. 6 (42) - 29/06/2001
101 (1) An applicant for a hearing by the Tribunal under section 100 shall state in the notice requiring the hearing, (a)  the portions of the order, direction, report, term, condition, suspension, revocation or licence or other form of permission in respect of which the hearing is required; and (b)  the grounds on which the applicant for the hearing intends to rely at the hearing.  R.S.O. 1990, c. O.40, s. 101 (1); 2000, c. 26, Sched. F, s. 13 (13); 2005, c. 12, s. 2 (23); 2007, c. 12, s. 1 (31). Effect of contents of notice (2) Except with leave of the Tribunal, at a hearing by the Tribunal an applicant is not entitled to appeal a portion of the order, direction, report, term, condition, suspension, revocation or licence or other form of permission, or to rely on a ground, that is not stated in the applicant’s notice requiring the hearing.  R.S.O. 1990, c. O.40, s. 101 (2); 2000, c. 26, Sched. F, s. 13 (13); 2007, c. 12, s. 1 (32). Leave (3) The Tribunal may grant the leave referred to in subsection (2) where the Tribunal is of the opinion that to do so is proper in the circumstances, and the Tribunal may give such directions as it considers proper consequent upon the granting of the leave.  R.S.O. 1990, c. O.40, s. 101 (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 2005, c. 12, s. 2 (23)
- 13/06/2005 2007, c. 12, s. 1 (31, 32) - 01/01/2015
102 (1) The commencement of a proceeding before the Tribunal under section 100 does not stay the operation of a direction, order, report or decision made, issued or given under this Act, other than, (a)  an order to pay the costs of work made under section 84; or (b)  an order to pay an environmental penalty.  2005, c. 12, s. 2 (24); 2007, c. 12, s. 1 (33). Note: On a day to be named by proclamation of the Lieutenant Governor, clause 102 (1) (b) of the Act is amended by striking out “environmental penalty” at the end and substituting “administrative penalty”. (See: 2019, c. 14, Sched. 8, s. 35) Tribunal may grant stay (2) The Tribunal may, on the application of a party to a proceeding before it, stay the operation of a direction, order, report or decision, other than, (a)  a direction, order or report to monitor, record and report; or (b)  an order issued under section 89.3, 89.8 or 89.12.  2005, c. 12, s. 2 (25); 2007, c. 12, s. 1 (34). When stay may not be granted (3) The Tribunal shall not stay the operation of a direction, order, report or decision if doing so would result in, (a)  danger to the health or safety of any person; (b)  impairment or serious risk of impairment of any waters or any use of waters; or (c)  injury or damage or serious risk of injury or damage to any property or to any plant or animal life.  R.S.O. 1990, c. O.40, s. 102 (3); 2000, c. 26, Sched. F, s. 13 (13); 2007, c. 12, s. 1 (35). Right to apply to remove stay: new circumstances (4) A party to a proceeding may apply for the removal of a stay if relevant circumstances have changed or have become known to the party since the stay was granted, and the Tribunal may grant the application.  R.S.O. 1990, c. O.40, s. 102 (4); 2000, c. 26, Sched. F, s. 13 (13). Right to apply to remove stay: new party (5) A person who is made a party to a proceeding after a stay is granted may, at the time the person is made a party, apply for the removal of the stay, and the Tribunal may grant the application.  R.S.O. 1990, c. O.40, s. 102 (5); 2000, c. 26, Sched. F, s. 13 (13); 2009, c. 19, s. 70 (8). Removal of stay by Tribunal (6) The Tribunal, on the application of a party under subsection (4) or (5), shall remove a stay if failure to do so would have one or more of the results mentioned in clauses (3) (a) to (c).  R.S.O. 1990, c. O.40, s. 102 (6); 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 2001, c. 17, s. 5 (14)
- 01/12/2002 2005, c. 12, s. 2 (24, 25) - 13/06/2005 2007, c. 12, s. 1 (33-35)
- 01/01/2015 2009, c. 19, s. 70 (8)
- 01/01/2010 2019, c. 14, Sched. 8, s. 35 - not in force
102.1 (1) For greater certainty, if a hearing by the Tribunal is required under section 100 in respect of an order to pay an environmental penalty, the regulations made under clause 106.1 (15) (d) governing the determination of the amounts of environmental penalties apply to the Tribunal.  2005, c. 12, s. 2 (26). Same (2) Subject to subsection (1), if a hearing by the Tribunal is required under section 100 in respect of an order to pay an environmental penalty, the Tribunal shall not substitute its opinion for that of the Director with respect to the amount of the penalty unless the Tribunal considers the amount to be unreasonable.  2005, c. 12, s. 2 (26). Note: On a day to be named by proclamation of the Lieutenant Governor, section 102.1 of the Act is repealed and the following substituted: (See: 2019, c. 14, Sched. 8, s. 36) Amount of administrative penalties 102.1 (1) For greater certainty, if a hearing by the Tribunal is required under section 100 in respect of an order to pay an administrative penalty, the regulations made under clause 106.1 (14) (c) governing the determination of the amounts of administrative penalties apply to the Tribunal. 2019, c. 14, Sched. 8, s. 36. Same (2) Subject to subsection (1), if a hearing by the Tribunal is required under section 100 in respect of an order to pay an administrative penalty, the Tribunal shall not substitute its opinion for that of the Director with respect to the amount of the penalty unless the Tribunal considers the amount to be unreasonable. 2019, c. 14, Sched. 8, s. 36. Section Amendments with date in force (d/m/y) 2005, c. 12, s. 2 (26)
- 01/08/2007 2019, c. 14, Sched. 8, s. 36 - not in force