jswizzle3737/ontario_laws_and_regs huggingface dataset:
2 The Minister, for the purpose of the administration of this Act and the regulations, may, (a) investigate problems relating to pesticides and the control of pests; (b) conduct research relating to pesticides and the control of pests; (c) conduct studies of the effect of pesticides and the control of pests on the quality of the environment; (d) convene conferences and conduct seminars and educational programs relating to pesticides and the control of pests; (e) gather, publish and disseminate information relating to pesticides and the control of pests; (f) make grants and loans for research related to pesticides and the control of pests in such amounts and upon such terms and conditions as the regulations may prescribe; (g) appoint committees to perform such advisory functions as the Minister considers requisite; (h) with the approval of the Lieutenant Governor in Council, enter into an agreement with any government or person relating to pesticides or the control of pests.  R.S.O. 1990, c. P.11, s. 2.
3 (1) The Minister may appoint as Directors such public servants who work in the Ministry as the Minister considers necessary for the purposes of the sections of this Act or the regulations that are set out in the appointments. 2017, c. 20, Sched. 5 s. 2 (4). Limitation of authority of Director (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. P.11, s. 3 (2). Section Amendments with date in force (d/m/y) 2006, c. 35, Sched. C, s. 109 (1) - 20/08/2007 2017, c. 20, Sched. 5, s. 2 (4) - 04/09/2018
4 No person, whether acting or not acting under the authority of a licence or permit under this Act or an exemption under the regulations, shall discharge or cause or permit the discharge of a pesticide or of any substance or thing containing a pesticide into the environment that, (a) causes or is likely to cause impairment of the quality of the environment for any use that can be made of it greater than the impairment, if any, for such use that would necessarily result from the proper use of the pesticide; (b) causes or is likely to cause injury or damage to property or to plant or animal life greater than the injury or damage, if any, that would necessarily result from the proper use of the pesticide; (c) causes or is likely to cause harm or material discomfort to any person greater than the harm or material discomfort, if any, that would necessarily result from the proper use of the pesticide; (d) adversely affects or is likely to affect adversely the health of any person to a greater degree than the adverse effect, if any, that would necessarily result from the proper use of the pesticide; (e) impairs or is likely to impair the safety of any person to a greater degree than the impairment, if any, of the safety of any person that would necessarily result from the proper use of the pesticide; or (f) renders or is likely to render directly or indirectly any property or plant or animal life unfit for use by humans to a degree greater than the unfitness, if any, that would necessarily result from the proper use of the pesticide.  R.S.O. 1990, c. P.11, s. 4. Licences relating to exterminations
5 (1) No person shall engage in, perform or offer to perform an extermination except under and in accordance with a licence of a prescribed class and except by the use of a pesticide of a class and under the conditions for use prescribed for that class of licence or unless exempt under the regulations.  R.S.O. 1990, c. P.11, s. 5 (1). Licence required to operate extermination business (2) No person shall operate an extermination business except under and in accordance with a licence of a prescribed class or unless exempt under the regulations.  R.S.O. 1990, c. P.11, s. 5 (2). (3), (4) Repealed: 2017, c. 20, Sched. 5, s. 2 (5). Section Amendments with date in force (d/m/y) 2017, c. 20, Sched. 5, s. 2 (5) - 04/09/2018
6 Unless exempt by the regulations, no person shall sell, offer to sell or transfer any pesticide unless the pesticide is classified in accordance with the regulations and except under and in accordance with a licence that shall be for such class and in respect of each premises on, in or from which the pesticide is or will be sold, offered for sale or transferred.  R.S.O. 1990, c. P.11, s. 6; 1997, c. 37, s. 5 (1). Section Amendments with date in force (d/m/y) 1997, c. 37, s. 5 (1) - 18/12/1997
7 (1) Except under and in accordance with a permit for the extermination issued by the Director, or if the person is exempt under the regulations, no person shall perform a land extermination or a structural extermination, (a) by means of a pesticide prescribed for the purpose of this section; (b) by means of a pesticide of a class prescribed for the purpose of this section; or (c) under the conditions of use prescribed for the purpose of this section. 2017, c. 20, Sched. 5, s. 2 (6). Idem (2) No person shall perform a water extermination except under and in accordance with a permit issued by the Director for the water extermination or if the person is exempt under the regulations.  R.S.O. 1990, c. P.11, s. 7; 2017, c. 20, Sched. 5, s. 2 (7). Section Amendments with date in force (d/m/y) 2017, c. 20, Sched. 5, s. 2 (6, 7) - 04/09/2018
7.1 (1) Subject to subsection (2), no person shall use or cause or permit the use in, on or over land of an active ingredient unless the active ingredient meets the following criteria: 1. The Director has determined, in accordance with the regulations, that the active ingredient is appropriate for use for a cosmetic purpose. 2. The Director has listed the active ingredient in a prescribed document, which may be amended from time to time, published by the Ministry and available on a website of the Government. 2019, c. 14, Sched. 8, s. 44. Exception, specified uses (2) Subsection (1) does not apply to the following uses of an active ingredient: 1. Uses related to golf courses, if any prescribed conditions have been met. 2. Uses related to agriculture. 3. Uses related to forestry. 4. Uses related to the promotion of public health or safety. 5. Other prescribed uses, if any prescribed conditions have been met. 2019, c. 14, Sched. 8, s. 44. Same, requirements (3) A person who uses or causes or permits the use of an active ingredient for a use referred to in subsection (2) shall, if the active ingredient does not meet the criteria set out in subsection (1), comply with such requirements as may be prescribed. 2019, c. 14, Sched. 8, s. 44. Prohibition on sale, etc. (4) Despite section 6, no person shall sell, offer to sell or transfer a pesticide that may be used in, on or over land unless it has been prescribed for the purpose of this subsection. 2019, c. 14, Sched. 8, s. 44. By-laws inoperative (5) A municipal by-law is inoperative if it addresses the use, sale, offer for sale or transfer of a pesticide that may be used for a cosmetic purpose.  2008, c. 11, s. 2. Section Amendments with date in force (d/m/y) 2008, c. 11, s. 2
- 22/04/2009 2009, c. 33, Sched. 15, s. 9 (1) - 15/12/2009 2019, c. 14, Sched. 8, s. 44 - 01/05/2020
8 For the purposes of this Act and the regulations, an act or thing done or omitted to be done by an officer, official, employee or agent of a corporation in the course of his or her employment or in the exercise of his or her powers or the performance of his or her duties shall be deemed to be also an act or thing done or omitted to be done by the corporation.  R.S.O. 1990, c. P.11, s. 8.
9 An operator shall insure against liability or furnish a bond as provided for by the regulations.  R.S.O. 1990, c. P.11, s. 9. 10 Repealed: 2019, c. 14, Sched. 8, s. 45. Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 8, s. 45 - 01/05/2020
12 A licence expires as prescribed by the regulations.  R.S.O. 1990, c. P.11, s. 12.
14 (1) The Director, the applicant, licensee, permittee or person to whom the Director intends to direct a control order who has required a hearing and such other persons as the Tribunal may specify are parties to proceedings before the Tribunal under section 13.  R.S.O. 1990, c. P.11, s. 14 (1); 2000, c. 26, Sched. F, s. 14 (4). Notice of hearing (2) The Tribunal shall afford to the applicant, licensee, permittee or person to whom the Director intends to direct a control order a reasonable opportunity to show or to achieve compliance before the hearing with all lawful requirements for the issue or retention of the licence or permit or to take such action as will preclude the necessity for making, amending or varying the control order.  R.S.O. 1990, c. P.11, s. 14 (2); 1994, c. 27, s. 117; 2000, c. 26, Sched. F, s. 14 (4); 2001, c. 9, Sched. G, s. 7 (3). Examination of documentary evidence (3) An applicant, licensee, permittee or person to whom the Director intends to direct a control order who is a party to proceedings under section 13 shall be afforded an opportunity to examine before the hearing any written or documentary evidence that will be produced or any report the contents of which will be given in evidence at the hearing.  R.S.O. 1990, c. P.11, s. 14 (3). Members holding hearing not to have taken part in investigation, etc. (4) Members of the Tribunal holding a hearing shall not have taken part before the hearing in any investigation or consideration of the subject-matter of the hearing and shall not communicate directly or indirectly in relation to the subject-matter of the hearing with any person or with any party or party’s representative except upon notice to and opportunity for all parties to participate, but the Tribunal may seek legal advice from an adviser independent from the parties and in such case the nature of the advice shall be made known to the parties in order that they may make submissions as to the law.  R.S.O. 1990, c. P.11, s. 14 (4); 2000, c. 26, Sched. F, s. 14 (4). (5) Repealed:  1997, c. 37, s. 5 (2). Findings of fact (6) The findings of fact of the Tribunal following on a hearing shall be based exclusively on evidence admissible or matters that may be noticed under the Statutory Powers Procedure Act.  1998, c. 35, s. 78; 2000, c. 26, Sched. F, s. 14 (4). (7) Repealed:  2000, c. 26, Sched. F, s. 14 (3). Release of documentary evidence (8) Documents and things put in evidence at the hearing shall, upon the request of the person who produced them, be released to the person by the Tribunal within a reasonable time after the matter in issue has been finally determined.  R.S.O. 1990, c. P.11, s. 14 (8); 2000, c. 26, Sched. F, s. 14 (4). Section Amendments with date in force (d/m/y) 1994, c. 27, s. 117 - 09/12/1994; 1997, c. 37, s. 5 (2, 3) - 18/12/1997; 1998, c. 35, s. 78 - 01/02/1999 2000, c. 26, Sched. F, s. 14 (3, 4) - 06/12/2000 2001, c. 9, Sched. G, s. 7 (3) - 29/06/2001
15 (1) Any party to proceedings before the Tribunal may appeal from its decision or order on a question of law to the Divisional Court in accordance with the rules of court.  R.S.O. 1990, c. P.11, s. 15 (1); 2000, c. 26, Sched. F, s. 14 (4). (2) Repealed:  1997, c. 37, s. 5 (4). Minister entitled to be heard (3) The Minister is entitled to be heard by counsel or otherwise upon the argument of an appeal under subsection (1).  R.S.O. 1990, c. P.11, s. 15 (3). (4) Repealed: 2021, c. 4, Sched. 10, s. 5 (1). Section Amendments with date in force (d/m/y) 1997, c. 37, s. 5 (4) - 18/12/1997 2000, c. 26, Sched. F, s. 14 (4) - 06/12/2000 2021, c. 4, Sched. 10, s. 5 (1) - 01/06/2021
16 (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: 2019, c. 14, Sched. 8, s. 46. 2. An employee in the Ministry. 3. A provincial officer employed under Part III of the Public Service of Ontario Act, 2006. 4. A public servant who is acting under the direction of a person described in paragraph 1, 2 or 3.  2006, c. 35, Sched. C, s. 109 (2); 2009, c. 33, Sched. 2, s. 58; 2017, c. 20, Sched. 5, s. 2 (14); 2019, c. 14, Sched. 8, s. 46. 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. 109 (2). 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 mentioned 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. 2019, c. 7, Sched. 17, s. 141. Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. F, s. 14 (4) - 06/12/2000 2006, c. 35, Sched. C, s. 109 (2) - 20/08/2007 2009, c. 33, Sched. 2, s. 58 - 15/12/2009 2017, c. 20, Sched. 5, s. 2 (14) - 04/09/2018 2019, c. 7, Sched. 17, s. 141 - 01/07/2019; 2019, c. 14, Sched. 8, s. 46 - 01/05/2020
17 (1) The Minister may designate as provincial officers one or more public servants who work in the Ministry or other persons to exercise such powers and perform such duties and functions under this Act as the Minister specifies. 2017, c. 20, Sched. 5, s. 2 (15). Limitation of authority (1.1) In a designation of a provincial officer, the Minister may limit the authority of the officer in the manner that the Minister considers necessary or advisable. 2017, c. 20, Sched. 5, s. 2 (15). Provincial officers are peace officers (2) A provincial officer is a peace officer for the purpose of enforcing this Act.  1998, c. 35, s. 79. Investigation and prosecution (3) 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. 79. Obstruction (4) No person shall hinder or obstruct any provincial officer or any employee in or agent of the Ministry in the performance of his or her duties under this Act.  1998, c. 35, s. 79; 2006, c. 35, Sched. C, s. 109 (4). False information (5) 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, any employee in or agent of the Ministry or any person involved in carrying out a program of the Ministry in respect of any matter related to this Act or the regulations.  1998, c. 35, s. 79; 2001, c. 9, Sched. G, s. 7 (4); 2006, c. 35, Sched. C, s. 109 (5). Same (6) 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. 79. Refusal to furnish information (7) No person shall refuse to furnish any provincial officer, the Minister, the Ministry or any employee in or agent of the Ministry with information required for the purposes of this Act and the regulations.  1998, c. 35, s. 79; 2006, c. 35, Sched. C, s. 109 (6). Section Amendments with date in force (d/m/y) 1998, c. 35, s. 79 - 01/02/1999 2001, c. 9, Sched. G, s. 7 (4) - 29/06/2001 2006, c. 35, Sched. C, s. 109 (3-6) - 20/08/2007 2017, c. 20, Sched. 5, s. 2 (15) - 04/09/2018
18 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.  R.S.O. 1990, c. P.11, s. 18. Note: On a day to be named by proclamation of the Lieutenant Governor, section 18 of the Act is repealed and the following substituted: (See: 2019, c. 1, Sched. 4, s. 44) Calling for assistance of member of police service 18 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. 44. Section Amendments with date in force (d/m/y) 2018, c. 3, Sched. 5, s. 46 - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 44 - not in force
19 (1) For the administration of this Act or the regulations, a provincial officer may, without a warrant or court order, at any reasonable time and with any reasonable assistance, make inspections, including, (a) entering any place in which the provincial officer reasonably believes a pesticide can be found; (b) entering any place in or from which the provincial officer reasonably believes a pesticide is being, has been or may be discharged into the environment; (c) entering any place that the provincial officer reasonably believes is likely to contain documents related to, (i) an activity or undertaking that is, or is required to be, the subject of a permit, licence or order under this Act, (ii) an activity or undertaking that is exempted by a regulation from any requirement to have a permit or licence under this Act and that is regulated by the provisions of the regulation, or (iii) the discharge of a pesticide into the environment; and (d) entering any place that the provincial officer reasonably believes, (i) is, or is required to be, subject to or referred to in a permit, licence or order under this Act, or (ii) is subject to or referred to in a regulation that provides for an exemption from any requirement to have a permit or licence under this Act, where the regulation includes provisions that regulate the place.  1998, c. 35, s. 80; 2009, c. 19, s. 71 (2). Same (2) During an inspection under subsection (1), the provincial officer may, (a) make necessary excavations; (b) require that any thing be operated, used or set in motion under conditions specified by the provincial officer; (c) take samples for analysis; (d) conduct tests or take measurements; (e) examine, record or copy any document or data, in any form, by any method; (f) record the condition of a place or the natural environment by means of photograph, video recording or other visual recording; (g) 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 purposes of the inspection; (h) remove from a place documents or data, in any form, produced under clause (g) for the purpose of making copies; and (i) make reasonable inquiries of any person, orally or in writing.  1998, c. 35, s. 80. Limitation re records (3) A record made under clause (2) (f) must be made in a manner that does not intercept any private communication and that accords with reasonable expectations of privacy.  1998, c. 35, s. 80. Limitation re removal of documents, data (4) A provincial officer shall not remove documents or data under clause (2) (h) without giving a receipt for them and shall promptly return the documents or data to the person who produced them.  1998, c. 35, s. 80. Power to exclude persons (5) A provincial officer who exercises the power set out in clause (2) (i) may exclude from the questioning any person except counsel for the individual being questioned.  1998, c. 35, s. 80; 2009, c. 33, Sched. 15, s. 9 (2). Section Amendments with date in force (d/m/y) 1998, c. 35, s. 80 - 01/02/1999 2009, c. 19, s. 71 (2)
- 01/01/2010; 2009, c. 33, Sched. 15, s. 9 (2) - 15/12/2009
19.1 (1) In this section, “vehicle” includes a trailer or other equipment attached to the vehicle.  1998, c. 35, s. 80. 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. 80. 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. 80. 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. 80. 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. 80. 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. 80. 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 pesticide.  1998, c. 35, s. 80; 2009, c. 19, s. 71 (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. 80. Same (9) During an inspection conducted under subsection (6) or (7), the provincial officer may exercise such powers under subsection 19 (2) as are reasonably required for the administration of this Act or the regulations.  1998, c. 35, s. 80. Same (10) Subsections 19 (3), (4) and (5) apply to the exercise of a power under subsection (9).  1998, c. 35, s. 80. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 80 - 01/02/1999 2009, c. 19, s. 71 (3)
- 01/01/2010
19.2 A provincial officer who exercises any power set out in section 19, 19.1, 22, 23 or 23.1 may, if the provincial officer is designated as such under the Environmental Protection Act, the Nutrient Management Act, 2002, the Ontario Water Resources 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 15, 15.1, 19, 20 or 20.1 of the Ontario Water Resources 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. 71 (4). Section Amendments with date in force (d/m/y) 1998, c. 35, s. 80 - 01/02/1999 2002, c. 4, s. 66 (1)
- 01/07/2003 2009, c. 19, s. 71 (4)
- 01/01/2010; 2009, c. 19, s. 71 (5)
- no effect - see 2009, c. 19, s. 65
- 31/12/2019
19.3 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 20.  1998, c. 35, s. 80. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 80 - 01/02/1999
19.4 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. 81. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 81 - 01/02/1999
19.6 (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. 81. 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. 81. 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. 81; 2009, c. 33, Sched. 15, s. 9 (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. 81. Notice of application (5) An initial order under subsection (1) may be issued on application without notice.  1998, c. 35, s. 81. 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. 81. 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. 81. 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. 81. 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. 81. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 81 - 01/02/1999 2009, c. 33, Sched. 15, s. 9 (3) - 15/12/2009
19.7 Where an order under section 19.5 or 19.6 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. 81. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 81 - 01/02/1999
20 (1) A justice may issue an order authorizing a provincial officer to do anything set out in subsection 19 (1) or (2) or section 19.1 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 19 (1) or (2) or section 19.1 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 19 (1) or (2) or section 19.1; (c) there is reasonable ground to believe that a person may prevent a provincial officer from doing anything set out in subsection 19 (1) or (2) or section 19.1; (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 19 (1) or (2) or section 19.1 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. 82. Same (2) Subsections 19 (3), (4) and (5) apply to an inspection under an order under this section.  1998, c. 35, s. 82. 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. 82; 2009, c. 33, Sched. 15, s. 9 (4). 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. 82. 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. 82. Application without notice (6) An order under this section may be issued or renewed on application without notice.  1998, c. 35, s. 82. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 82 - 01/02/1999 2009, c. 33, Sched. 15, s. 9 (4) - 15/12/2009
21 A provincial officer may detain samples or copies obtained under section 19, 19.1 or 20 for any period and for any of the purposes of this Act and the regulations.  1998, c. 35, s. 83. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 83 - 01/02/1999
22 During an inspection under section 19, 19.1 or 20, 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 is likely to discharge a pesticide, or a substance or thing containing a pesticide, into the environment out of the normal course of events and impairment of the environment has resulted or is likely to result.  1998, c. 35, s. 83. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 83 - 01/02/1999
23 (1) In this section, “offence” means an offence under section 4, 6, 7 or 7.1.  R.S.O. 1990, c. P.11, s. 23 (1); 2008, c. 11, s. 3. 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. P.11, s. 23 (2). Seizure during search (3) During a search under subsection (2), a provincial officer, without warrant or court order, may 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. 84. (4) Repealed:  1998, c. 35, s. 84. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 84 - 01/02/1999 2008, c. 11, s. 3
- 22/04/2009
23.1 (1) A provincial officer who seizes any thing under section 22 or 23 may remove the thing or may detain it in the place where it is seized. Receipt (2) Where possible, the provincial officer shall inform the person from whom a thing is seized under section 22 or 23 as to the reason for the seizure and shall give the person a receipt for the thing seized.  1998, c. 35, s. 85. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 85 - 01/02/1999
24 (1) A provincial officer who seizes any thing during an inspection or search under section 22 or 23 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. 86. Seizure (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 22 or 23.  R.S.O. 1990, c. P.11, s. 24 (2). Section Amendments with date in force (d/m/y) 1998, c. 35, s. 86 - 01/02/1999
24.1 (1) Where the Director believes that, given the nature of a thing seized under section 22 or 23, 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 22 or 23 believes that the thing will rot, spoil or otherwise perish, the person may dispose of the thing. Non-application of provision (3) Section 24 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. 87. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 87 - 01/02/1999
24.2 (1) Where a thing has been disposed of in accordance with section 24.1, 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. 87. 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. 87; 2001, c. 9, Sched. G, s. 7 (17). Section Amendments with date in force (d/m/y) 1998, c. 35, s. 87 - 01/02/1999 2001, c. 9, Sched. G, s. 7 (17) - 29/06/2001
25 (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. P.11, s. 25; 1998, c. 35, s. 88 (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. 88 (3). Section Amendments with date in force (d/m/y) 1998, c. 35, s. 88 (1-3) - 01/02/1999
25.1 (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 a 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. 89. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 89 - 01/02/1999
26 It is a condition of every permit or licence under this Act that the holder must forthwith on request permit provincial officers to carry out inspections authorized by the following provisions of any place, other than any room actually used as a dwelling, to which the permit or licence relates: 1. Section 19, 19.1 or 20 of this Act. 2. Section 156, 156.1 or 158 of the Environmental Protection Act. 3. Section 13, 14 or 16 of the Nutrient Management Act, 2002. 4. Section 15, 15.1 or 17 of the Ontario Water Resources Act. 5. Section 81, 82 or 89 of the Safe Drinking Water Act, 2002. 6. Section 15 or 18 of the Toxics Reduction Act, 2009.  2009, c. 19, s. 71 (6). Section Amendments with date in force (d/m/y) 1998, c. 35, s. 90 - 01/02/1999 2002, c. 4, s. 66 (2)
- 01/07/2003 2009, c. 19, s. 71 (6)
- 01/01/2010; 2009, c. 19, s. 71 (7)
- no effect - see 2009, c. 19, s. 65
- 31/12/2019
26.0.1 (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. 2017, c. 2, Sched. 11, s. 5. Same (2) For the purposes of subsection (1), a provincial officer may make inquiries by telephone or by any other means of communication. 2017, c. 2, Sched. 11, s. 5. 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. 5. 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. 5. Section Amendments with date in force (d/m/y) 2017, c. 2, Sched. 11, s. 5 - 22/03/2017
26.1 (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 made under this Act, other than an order requiring the person to pay an administrative penalty; or (c) a term or condition of a licence or permit issued under this Act.  1998, c. 35, s. 91; 2019, c. 14, Sched. 8, s. 48. 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; and (c) state that a review of the order may be requested in accordance with section 26.3.  1998, c. 35, s. 91. 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) where the contravention has any of the effects mentioned in subsection 28 (1), doing all or any of the things specified in subsection 28 (2); (e) the removal of a pesticide or a substance or thing contaminated by or containing a pesticide; (f) where the contravention has caused damage to or endangered or is likely to cause damage to or endanger existing water supplies, providing alternate water supplies; (g) submitting a plan for achieving compliance with the provision, term or condition, including the engagement of contractors or consultants satisfactory to a provincial officer; (h) submitting an application for a licence or permit; (i) monitoring and recording in relation to the environment and reporting on the monitoring and recording; and (j) posting notice of the order.  1998, c. 35, s. 91. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 91 - 01/02/1999 2019, c. 14, Sched. 8, s. 48 - 10/12/2019
26.2 (1) An order issued under section 26.1 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. 91. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 91 - 01/02/1999
26.3 (1) A person to whom an order under section 26.1 or 26.2 is directed may, within seven days after being served with a copy of the order, request that the Director review the order.  1998, c. 35, s. 91. Manner of making request (2) The request may be made orally, with written confirmation served on the Director within the time specified in subsection (1), or in writing.  1998, c. 35, s. 91. Contents of request for review (3) A written request for review under subsection (1) or a written confirmation of an oral request under subsection (2) shall include, (a) the portions of the order in respect of which the review is requested; (b) any submissions that the applicant for the review wishes the Director to consider; and (c) for the purpose of subsection (7), an address for service by mail or by facsimile transmission or by such other means of service as the regulations may prescribe.  1998, c. 35, s. 91. No automatic stay (4) The request for review does not stay the order, unless the Director orders otherwise in writing.  1998, c. 35, s. 91. Decision of Director (5) A Director who receives a request for review may, (a) revoke the order of the provincial officer; or (b) by order directed to the person requesting the review, confirm or amend the order of the provincial officer.  1998, c. 35, s. 91. Same (6) For the purposes of subsection (5), the Director may substitute his or her own opinion for that of the provincial officer.  1998, c. 35, s. 91. Notice of decision (7) The Director shall serve the person requesting the review with a copy of, (a) a decision to revoke the order of the provincial officer; or (b) an order to confirm or amend the order of the provincial officer, together with reasons.  1998, c. 35, s. 91. Automatic confirmation of order (8) If, within seven days of receiving a written request for review or a written confirmation of an oral request for review, the Director does not make a decision under subsection (5) and give oral or written notice of the decision to the person requesting the review, the order in respect of which the review is sought shall be deemed to have been confirmed by order of the Director.  1998, c. 35, s. 91. Same (9) For the purpose of an appeal to the Tribunal, a confirming order deemed to have been made by the Director under subsection (8), (a) shall be deemed to be directed to each person to whom the order of the provincial officer was directed; and (b) shall be deemed to have been served, on each person to whom the order of the provincial officer was directed, at the expiry of the time period referred to in subsection (8).  1998, c. 35, s. 91; 2000, c. 26, Sched. F, s. 14 (4). Section Amendments with date in force (d/m/y) 1998, c. 35, s. 91 - 01/02/1999 2000, c. 26, Sched. F, s. 14 (4) - 06/12/2000
26.4 Section 13 does not apply to orders under sections 26.1, 26.2 and 26.3.  1998, c. 35, s. 91. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 91 - 01/02/1999
26.5 (1) Where the Director has made an order under section 26.3, any person to whom the order is directed may, by written notice served on the Director and the Tribunal within 15 days after service on the person of a copy of the order require a hearing by the Tribunal.  1998, c. 35, s. 91; 2000, c. 26, Sched. F, s. 14 (4). Extension of time for requiring hearing (2) The Tribunal may extend the time for giving notice under subsection (1) where it is satisfied that there are reasonable grounds for the extension and that there are apparent grounds for granting relief.  1998, c. 35, s. 91; 2000, c. 26, Sched. F, s. 14 (4). Same (3) The Tribunal may give such directions as it considers proper consequent on the extension.  1998, c. 35, s. 91; 2000, c. 26, Sched. F, s. 14 (4). Effect of Director’s order (4) Section 143 of the Environmental Protection Act applies with necessary modifications to orders made under section 26.3 of this Act.  1998, c. 35, s. 91. Examination of documentary evidence (5) The person requiring the hearing by the Tribunal shall be afforded an opportunity to examine before the hearing any written or documentary evidence that will be produced or any report the contents of which will be given in evidence at the hearing.  1998, c. 35, s. 91; 2000, c. 26, Sched. F, s. 14 (4). Rules governing Tribunal hearings (6) Subsections 14 (4) to (8) apply to hearings under this section.  1998, c. 35, s. 91. Parties (7) The Director, the person requiring the hearing and any other person specified by the Tribunal are parties to the hearing.  1998, c. 35, s. 91; 2000, c. 26, Sched. F, s. 14 (4). Powers of Tribunal (8) The Tribunal may by order confirm, alter or revoke the order of the Director and for the purpose the Tribunal may substitute its own opinion for that of the Director.  1998, c. 35, s. 91; 2000, c. 26, Sched. F, s. 14 (4). Appeals from Tribunal hearings (9) Section 15 applies to decisions of the Tribunal under this section.  1998, c. 35, s. 91; 2000, c. 26, Sched. F, s. 14 (4). Section Amendments with date in force (d/m/y) 1998, c. 35, s. 91 - 01/02/1999 2000, c. 26, Sched. F, s. 14 (4) - 06/12/2000