45 (1) Subsections (2) and (3) apply to the following offences: 1. An offence under subsection 42 (1) or 49 (2) that posed, poses or may pose a risk of an effect mentioned in subsection 49 (3). 2. An offence under subsection 42 (2), other than an offence of failing to comply with an order under section 27. 3. An offence of contravening section 17. 4. An offence under subsection 42 (3).  1998, c. 35, s. 97 (1); 2000, c. 22, s. 3 (3). Corporations, subs. (1) (2) Every corporation convicted of an offence described in subsection (1) is liable, in substitution for any penalty provided in section 43, for each day or part of a day on which the offence occurs or continues, to a fine of not more than $250,000 on a first conviction and not more than $500,000 on each subsequent conviction.  1998, c. 35, s. 97 (1). Individuals, subs. (1) (3) Every individual convicted of an offence described in subsection (1) is liable, in substitution for any penalty provided in section 43, (a) for each day or part of a day on which the offence occurs or continues, to a fine of not more than $50,000 on a first conviction and not more than $100,000 on each subsequent conviction; (b) to imprisonment for a term of not more than one year; or (c) to both such fine and imprisonment.  1998, c. 35, s. 97 (1). Application of subss. (3.1) and (3.2) (3.0.1) Subsections (3.1) and (3.2) apply to the following offences: 1. An offence under this Act that causes an effect mentioned in subsection 49 (3). 2. An offence of failing to comply with an order under section 27.  2000, c. 22, s. 3 (4). Corporations, subs. (3.0.1) (3.1) Every corporation convicted of an offence described in subsection (3.0.1) is liable, in substitution for any penalty elsewhere provided, for each day or part of a day on which the offence occurs or continues, to a fine of not more than $6,000,000 on a first conviction and not more than $10,000,000 on each subsequent conviction.  1998, c. 35, s. 97 (1); 2000, c. 22, s. 3 (5). Individuals, subs. (3.0.1) (3.2) Every individual convicted of an offence described in subsection (3.0.1) is liable, in substitution for any penalty elsewhere provided, (a) for each day or part of a day on which the offence occurs or continues, to a fine of not more than $4,000,000 on a first conviction and not more than $6,000,000 on each subsequent conviction; (b) to imprisonment for a term of not more than five years less one day; or (c) to both such fine and imprisonment.  1998, c. 35, s. 97 (1); 2000, c. 22, s. 3 (6). Subsequent conviction (4) For the purposes of determining the penalty to which a person is liable under section 43 or under this section, a conviction of the person for an offence under this Act is a subsequent conviction if the person has previously been convicted of an offence under, (a) this Act; (b) the Environmental Protection Act, other than for an offence related to Part IX of that Act; (b.1) the Nutrient Management Act, 2002; (c) the Ontario Water Resources Act; (d) the Safe Drinking Water Act, 2002; or (e) the Toxics Reduction Act, 2009.  1998, c. 35, s. 97 (2); 2002, c. 4, s. 66 (3); 2009, c. 19, s. 71 (8). Section Amendments with date in force (d/m/y) 1998, c. 35, s. 97 (1, 2) - 01/02/1999 2000, c. 22, s. 3 (3-6)
- 21/11/2000 2002, c. 4, s. 66 (3)
- 01/07/2003 2009, c. 19, s. 71 (8)
- 01/01/2010