jswizzle3737/ontario_laws_and_regs huggingface dataset:
28 (1) Where the handling, storage, use, disposal, transportation or display of a pesticide or a substance or thing containing a pesticide, (a) causes or is likely to cause impairment of the quality of the environment for any use that is being or is likely to be made of it; (b) causes or is likely to cause injury or damage to property or to plant or animal life; (c) causes or is likely to cause harm or material discomfort to any person; (d) adversely affects or is likely to affect adversely the health of any person; (e) impairs or is likely to impair the safety of any person; (f) renders or is likely to render directly or indirectly any property or plant or animal life unfit for use by humans, the Director, subject to section 13, may make a control order directed to the person responsible for the pesticide or the substance or thing containing the pesticide. Content of control order (2) The Director, in a control order, may order the person to whom the order is directed to, (a) limit or control the rate of discharge of a pesticide or a substance or thing containing a pesticide into the environment in accordance with the directions set out in the order; (b) stop the discharge of a pesticide or a substance or thing containing a pesticide into the environment, (i) permanently, (ii) for a specified period of time, or (iii) in the circumstances set out in the order; and (c) comply with any directions set out in the order relating to the manner in which a pesticide or a substance or thing containing a pesticide or the container of either of them may be handled, stored, used, disposed of, transported or displayed. Amendment of control order (3) The Director, under any of the circumstances set out in subsection (1) and in accordance with subsection (2), by a further order, may amend or vary a control order and sections 13, 14 and 15 apply with necessary modifications. Revocation of control order (4) The Director, by an order, may rescind a control order and in such case shall serve or cause to be served a copy of the rescinding order upon the person to whom the control order was directed.  R.S.O. 1990, c. P.11, s. 28.
29 Every person who discharges a pesticide or a substance or thing containing a pesticide in or into the environment out of the normal course of events that, (a) causes or is likely to cause impairment of the quality of the environment for any use that can be made of it; (b) causes or is likely to cause injury or damage to property or to plant or animal life; (c) causes or is likely to cause harm or material discomfort to any person; (d) adversely affects or is likely to adversely affect the health of any person; (e) impairs or is likely to impair the safety of any person; or (f) renders or is likely to render directly or indirectly any property or plant or animal life unfit for use by humans, shall forthwith notify the Director.  R.S.O. 1990, c. P.11, s. 29. Damage repair, cleaning and decontamination
30 (1) Where any person discharges or causes or permits the discharge of a pesticide or a substance or thing containing a pesticide that causes or is likely to cause injury or damage to or impairment of, (a) the quality of the environment for any use that is being or is likely to be made of it; (b) any property or water; (c) plant or animal life; or (d) a person, the Minister, where he or she is of the opinion that it is in the public interest to do so, may order the person responsible for the pesticide or the substance or thing containing the pesticide to do all things and take all steps within such time or times as may be specified in the order for the purpose of preventing or repairing, as the case requires, such injury or damage or impairment or to restore such quality. Cleaning and decontamination (2) Every person responsible for a pesticide or a substance or thing containing a pesticide shall take such measures and do such things within such time or times with respect to the cleaning and decontamination of the environment, or any plant or animal life, substance or thing that has come into contact with a pesticide by any means other than in accordance with this Act and the regulations or a licence, permit or order thereunder as may be prescribed. Idem (3) No person shall use the environment or any plant or animal life, substance or thing that has come into contact with a pesticide by any means other than in accordance with this Act and the regulations or a licence, permit or order thereunder unless the cleaning and decontamination thereof has been completed in the prescribed manner or has been approved by the Director in writing.  R.S.O. 1990, c. P.11, s. 30. Orders, successors, etc., bound, records
31.1 In this section and in sections 31.2 to 31.6, “fiduciary” means an executor, administrator, administrator with the will annexed, trustee, guardian of property or attorney for property, but does not include a trustee in bankruptcy or trustee in bankruptcy representative; (“représentant fiduciaire”) “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”) “fiduciary representative” means, with respect to a fiduciary, an officer, director, employee or agent of the fiduciary, or a lawyer, consultant or other advisor of the fiduciary who is acting on behalf of the fiduciary; (“représentant d’un représentant fiduciaire”) “municipality” includes a local board, as defined in the Municipal Affairs Act, and a board, commission or other local authority exercising any power with respect to municipal affairs or purposes, including school purposes, in an unorganised township or unsurveyed territory; (“municipalité”) “municipal representative” means, with respect to a municipality, an officer, employee or agent of the municipality, or a lawyer, consultant or other advisor of the municipality who is acting on behalf of the municipality; (“représentant municipal”) “non-municipal property” means, with respect to a municipality, property that is not owned, leased or occupied by the municipality; (“bien non municipal”) “receiver representative” means, with respect to a receiver, an officer, director, employee or agent of the receiver, or a lawyer, consultant or other advisor of the receiver who is acting on behalf of the receiver; (“représentant d’un séquestre”) “secured creditor representative” means, with respect to a secured creditor, an officer, director, employee or agent of the secured creditor, or a lawyer, consultant or other advisor of the secured creditor who is acting on behalf of the secured creditor; (“représentant d’un créancier garanti”) “trustee in bankruptcy representative” means, with respect to a trustee in bankruptcy, an officer, director, employee or agent of the trustee in bankruptcy, or a lawyer, consultant or other advisor of the trustee in bankruptcy who is acting on behalf of the trustee in bankruptcy. (“représentant d’un syndic de faillite”)  2001, c. 17, s. 6 (3); 2002, c. 17, Sched. C, s. 22 (1). Section Amendments with date in force (d/m/y) 2001, c. 17, s. 6 (3)
- 01/12/2002 2002, c. 17, Sched. C, s. 22 (1) - 01/01/2003
31.2 Sections 31.3 to 31.6 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. 6 (3). Section Amendments with date in force (d/m/y) 2001, c. 17, s. 6 (3)
- 01/12/2002
31.3 (1) For the purposes of this Act, a municipality or a municipal representative who takes an action described in subsection (2) is not, for that reason alone, (a) the person having the charge, management or control of the handling, storage, use, disposal, transportation or display of a pesticide, substance or thing; or (b) the person having the charge, management or control of a pesticide, substance or thing.  2001, c. 17, s. 6 (3). 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 a pesticide, or any substance or thing containing a pesticide, on, in or under the property, ii. any impairment or serious risk of impairment of the quality of the natural environment for any use that can be made of it that results from the presence or discharge of a pesticide, or any substance or thing containing a pesticide, 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 a pesticide, or any substance or thing containing a pesticide, 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. 6 (3); 2002, c. 17, Sched. C, s. 22 (2); 2006, c. 32, Sched. C, s. 46. Section Amendments with date in force (d/m/y) 2001, c. 17, s. 6 (3)
- 01/12/2002 2002, c. 17, Sched. C, s. 22 (2) - 01/01/2003 2006, c. 32, Sched. C, s. 46 - 01/01/2007
31.4 (1) For the purposes of this Act, a secured creditor or a secured creditor representative who takes an action described in subsection (2) is not, for that reason alone, (a) the person having the charge, management or control of the handling, storage, use, disposal, transportation or display of a pesticide, substance or thing; or (b) the person having the charge, management or control of a pesticide, substance or thing.  2001, c. 17, s. 6 (3). 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 a pesticide, or any substance or thing containing a pesticide, on, in or under the property, ii. any impairment or serious risk of impairment of the quality of the natural environment for any use that can be made of it that results from the presence or discharge of a pesticide, or any substance or thing containing a pesticide, 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 a pesticide, or any substance or thing containing a pesticide, 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. 6 (3). Section Amendments with date in force (d/m/y) 2001, c. 17, s. 6 (3)
- 01/12/2002
31.5 (1) A receiver or trustee in bankruptcy is not required to comply with any order under this Act that is issued by the Minister, the Director or a provincial officer if the order did not arise from the gross negligence or wilful misconduct of the receiver or trustee in bankruptcy, or of a receiver representative or trustee in bankruptcy representative, and, (a) not later than 10 days after being served with the order, or within such longer period as may be specified by the Director in the order, the receiver or trustee in bankruptcy notifies the Director that they have abandoned, disposed of or otherwise released their interest in the property to which the order relates; or (b) the order was stayed under Part I of the Bankruptcy and Insolvency Act (Canada) and the receiver or trustee in bankruptcy notified the Director, before the stay expired, that they abandoned, disposed of or otherwise released their interest in the property.  2001, c. 17, s. 6 (3). Notice under subs. (1) (2) Notice under clause (1) (a) or (b) must be given in the manner prescribed by the regulations referred to in subsection 168.20 (8) of the Environmental Protection Act.  2001, c. 17, s. 6 (3). Section Amendments with date in force (d/m/y) 2001, c. 17, s. 6 (3)
- 01/12/2002
31.6 If the Minister, the Director or a provincial officer issues an 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 order is limited to the value of the assets they hold or administer on the date they are served with the order, less their reasonable costs of holding or administering the assets, unless the order arose from the gross negligence or wilful misconduct of the fiduciary or fiduciary representative.  2001, c. 17, s. 6 (3). Section Amendments with date in force (d/m/y) 2001, c. 17, s. 6 (3)
- 01/12/2002
32 This Act binds the Crown.  R.S.O. 1990, c. P.11, s. 32.
33 A licence or a permit under this Act is not transferable.  R.S.O. 1990, c. P.11, s. 33.
34 (1) Where, in the opinion of the Director, it is in the public interest to do so, the Director may exempt an applicant for a licence issued by the Director under section 6 or the holder of such a licence from any provision of the regulations and issue a licence to the applicant or modify the licence of the licensee, as the case may be, upon such terms and conditions, or alter or revoke the terms and conditions, as the Director considers necessary.  R.S.O. 1990, c. P.11, s. 34. Exception (2) Subsection (1) does not authorize the Director to exempt a person from a provision of a regulation made with respect to section 7.1.  2008, c. 11, s. 4. Section Amendments with date in force (d/m/y) 2008, c. 11, s. 4
- 22/04/2009
36 (1) Any regulation may be general or particular in its application and may be limited as to time or place or both.  R.S.O. 1990, c. P.11, s. 36 (1). Adoption of documents in regulations (2) 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. 2017, c. 20, Sched. 5, s. 2 (26). Rolling incorporation by reference (3) The power to adopt by reference and require compliance with a document in subsection (2) includes the power to adopt a document as it may be amended from time to time. 2017, c. 20, Sched. 5, s. 2 (26). When effective (4) 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. 2017, c. 20, Sched. 5, s. 2 (26). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 15, s. 9 (6) - 15/12/2009 2017, c. 20, Sched. 5, s. 2 (26) - 04/09/2018
37 (1) The Minister may make regulations in respect of the following matters: 1. Imposing fees for anything done or requested to be done under this Act, prescribing the manner in which and the period within which fees must be paid, and authorizing the refund of fees in prescribed circumstances. 2017, c. 20, Sched. 5, s. 2 (27). Exemptions (2) A regulation made under subsection (1) may exempt a person or class of persons from a specified requirement imposed by the regulation, in such circumstances as may be prescribed, or provide that a specified requirement does not apply to the person or class in such circumstances as may be prescribed. 2017, c. 20, Sched. 5, s. 2 (27). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. G, s. 7 (10) - 29/06/2001 2017, c. 20, Sched. 5, s. 2 (27) - 04/09/2018
38 (1) Any document given, served or delivered under this Act is sufficiently given, served or delivered if it is, (a) delivered personally; (b) sent by mail addressed to the person to whom it is required to be given, served or delivered at the latest address for the person appearing on the records of the Ministry; or (c) given or served in accordance with regulations respecting service. When service deemed made (2) Where service is made by mail, the service shall be deemed to be made on the fifth day after the day of mailing unless the person on whom service is being made establishes that the person did not, acting in good faith, through absence, accident, illness or other cause beyond the person’s control receive the document until a later date.  1998, c. 35, s. 93. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 93 - 01/02/1999
39 Where the Minister or the Director has authority to order or require that any matter or thing be done, the Minister may order that, in default of its being done by the person ordered or required to do it, such matter or thing shall be done at the expense of such person, and the Minister may recover the cost of doing it, with costs, by action in a court of competent jurisdiction as a debt due to the Crown by such person.  R.S.O. 1990, c. P.11, s. 39. 40 Repealed:  1998, c. 35, s. 94. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 94 - 01/02/1999
41 The Crown, by notice to the clerk of the Ontario Court of Justice, may require that a provincial judge preside over a proceeding in respect of an offence under this Act.  R.S.O. 1990, c. P.11, s. 41; 2001, c. 9, Sched. G, s. 7 (11); 2006, c. 21, Sched. C, s. 129 (3). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. G, s. 7 (11) - 29/06/2001 2006, c. 21, Sched. C, s. 129 (3) - 01/05/2007
41.2 (1) A person who is required by an order issued by a provincial officer to pay an administrative penalty may, within seven days after being served with the order, request that the Director review the order. 2019, c. 14, Sched. 8, s. 50. Request for review (2) A request for a review shall be made in writing and shall include, (a) a statement of whether the review applies to the liability to pay the penalty, the amount of the penalty or both; (b) any submissions that the person requesting the review wishes the Director to consider; and (c) for the purposes of subsection (7), an address for service by mail, fax or such other means of service as the regulations may prescribe. 2019, c. 14, Sched. 8, s. 50. Stay (3) If a person requests a review, the requirement to pay the administrative penalty is stayed until the disposition of the matter. 2019, c. 14, Sched. 8, s. 50. Decision of Director (4) A Director who receives a request for a review may, (a) revoke the order of the provincial officer; or (b) by order directed to the person who requested the review, confirm or alter the order of the provincial officer. 2019, c. 14, Sched. 8, s. 50. Same (5) For the purposes of subsection (4), the Director may substitute his or her opinion for that of the provincial officer. 2019, c. 14, Sched. 8, s. 50. Amount of penalty (6) For greater certainty, if the review applies to the amount of the penalty, the regulations made under clause 41.1 (14) (c) apply for the purposes of the review. 2019, c. 14, Sched. 8, s. 50. Notice of decision (7) The Director shall serve a person requesting a review with a copy of, (a) the Director’s decision or order under subsection (4); and (b) if the Director issues an order under clause (4) (b), the reasons for the order. 2019, c. 14, Sched. 8, s. 50. Automatic confirmation of order (8) If the Director does not comply with subsection (7) within seven days after receiving a request for a review, the order in respect of which the review was requested shall be deemed to have been confirmed by order of the Director. 2019, c. 14, Sched. 8, s. 50. Same (9) For the purposes of section 41.3, a deemed confirmation by order of the Director under subsection (8) shall be, (a) deemed to be directed to the person to whom the order of the provincial officer was directed; and (b) deemed to have been served on the person mentioned in clause (a) on the last day of the time period mentioned in subsection (8). 2019, c. 14, Sched. 8, s. 50. Exception (10) Subsections (8) and (9) do not apply if, within seven days after receiving the request for a review, the Director gives written notice to the person requesting the review stating that the Director requires additional time to make a decision. 2019, c. 14, Sched. 8, s. 50. Regulations (11) The Lieutenant Governor in Council may make regulations specifying the form and content of orders under this section. 2019, c. 14, Sched. 8, s. 50. Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 8, s. 50 - 10/12/2019
41.3 (1) A person who is required to pay an administrative penalty may, within 15 days after service of the order on the person, by a written notice served on the Director and the Tribunal, require the Tribunal to hold a hearing with respect to the matter to which the notice relates and, in such case, the requirement to pay is stayed until the disposition of the matter. 2019, c. 14, Sched. 8, s. 50. Tribunal’s powers on hearing (2) At a hearing by the Tribunal in respect of an order to pay an administrative penalty, the Tribunal shall determine whether in the circumstances, the order should be confirmed, revoked or amended. 2019, c. 14, Sched. 8, s. 50. Amount of administrative penalties (3) For greater certainty, if a hearing by the Tribunal is required under this section in respect of an order to pay an administrative penalty, the regulations made under clause 41.1 (14) (c) governing the determination of the amounts of administrative penalties apply to the Tribunal. 2019, c. 14, Sched. 8, s. 50. Same (4) Subject to subsection (3), if a hearing by the Tribunal is required under this section 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. 50. Extension of time for requiring hearing (5) The Tribunal shall extend the time in which a person may give a notice under subsection (1) requiring a hearing where, in the Tribunal’s opinion, it is just to do so because service of the order on the person did not give the person notice of the order or decision. 2019, c. 14, Sched. 8, s. 50. Contents of notice requiring hearing (6) An applicant for a hearing by the Tribunal shall state in the notice requiring the hearing, (a) the portions of the order 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. 2019, c. 14, Sched. 8, s. 50. Effect of contents of notice (7) Except with leave of the Tribunal, at a hearing by the Tribunal an applicant is not entitled to appeal a portion of the order or to rely on a ground that is not stated in the applicant’s notice requiring the hearing. 2019, c. 14, Sched. 8, s. 50. Leave by Tribunal (8) The Tribunal may grant the leave referred to in subsection (7) where the Tribunal is of the opinion that to do so is proper in the circumstances, and the Tribunal may give such directions as the Tribunal considers proper consequent upon the granting of the leave. 2019, c. 14, Sched. 8, s. 50. Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 8, s. 50 - 10/12/2019
41.4 If a person who is required to pay an administrative penalty fails to comply with the requirement, (a) the order that requires payment may be filed with a local registrar of the Superior Court of Justice and the order may be enforced as if it were an order of the court; (b) the Director may, by order, suspend any permit or licence issued to the person under this Act until the administrative penalty is paid; and (c) the Director may refuse to issue any permit or licence to the person or refuse to renew any permit or licence issued to the person under this Act until the administrative penalty is paid. 2019, c. 14, Sched. 8, s. 50. Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 8, s. 50 - 10/12/2019
41.5 Administrative penalties paid under this Act shall be deposited in the account referred to in section 182.2 of the Environmental Protection Act. 2019, c. 14, Sched. 8, s. 50. Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 8, s. 50 - 10/12/2019 Offences
42 (1) Every person who contravenes this Act or a regulation is guilty of an offence.  R.S.O. 1990, c. P.11, s. 42 (1). Offence, orders (2) Every person who fails to comply with an order, other than an order requiring the person to pay an administrative penalty under this Act, is guilty of an offence. 2019, c. 14, Sched. 8, s. 51. Offence, licence or permit (3) Every person who fails to comply with a term or condition of a licence or permit made or issued under this Act is guilty of an offence.  R.S.O. 1990, c. P.11, s. 42 (3). Offence re fees (4) Every person who fails to pay a fee that the person is required to pay under section 37 is guilty of an offence.  2001, c. 9, Sched. G, s. 7 (14). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. G, s. 7 (14) - 29/06/2001 2019, c. 14, Sched. 8, s. 51 - 10/12/2019 Penalties, general
43 (1) Every individual convicted of an offence under this Act is liable, (a) on a first conviction, for each day or part of a day on which the offence occurs or continues, to a fine of not more than $20,000; and (b) on each subsequent conviction, (i) for each day or part of a day on which the offence occurs or continues, to a fine of not more than $50,000, (ii) to imprisonment for a term of not more than one year, or (iii) to both such fine and imprisonment. Corporations (2) Every corporation convicted of an offence under this Act is liable, (a) on a first conviction, for each day or part of a day on which the offence occurs or continues, to a fine of not more than $100,000; and (b) on each subsequent conviction, for each day or part of a day on which the offence occurs or continues, to a fine of not more than $200,000.  1998, c. 35, s. 96. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 96 - 01/02/1999
44 The court that convicts a person of an offence under this Act, in addition to any other penalty imposed by the court, may increase a fine imposed upon the person by an amount equal to the amount of the monetary benefit acquired by or that accrued to the person as a result of the commission of the offence, despite any maximum fine elsewhere provided.  R.S.O. 1990, c. P.11, s. 44. Penalties, more serious offences
46 (1) On its own initiative or on the request of the prosecutor, the court that convicts a person of an offence under this Act, in addition to any other penalty imposed by the court, may order the person, (a) to take such action as the court directs, including but not limited to providing an alternate water supply, within the time specified in the order to prevent, eliminate or ameliorate damage that results from or is in any way connected to the commission of the offence; and (b) to comply with any order that the Director has issued to the person in relation to damage that results from or is in any way connected to the commission of the offence.  1998, c. 35, s. 98 (1). Other conditions (2) An order under subsection (1) may contain such other conditions relating to the circumstances of the offence and of the person that contributed to the commission of the offence as the court considers appropriate to prevent similar unlawful conduct or to contribute to rehabilitation.  R.S.O. 1990, c. P.11, s. 46 (2); 2006, c. 19, Sched. K, s. 4. Variation of order (3) The court that made an order under subsection (1) may make any changes in or additions to the conditions prescribed in the order that in the opinion of the court are rendered desirable by a change in circumstances, (a) on its own initiative at any time; or (b) on application by counsel for the prosecutor, by the person convicted or by the person authorized under the Law Society Act to represent the person convicted, with notice to the other party, after a hearing or, with the consent of the parties, without a hearing.  2006, c. 21, Sched. C, s. 129 (4). Conflict (4) Nothing in subsection (1) authorizes the making of an order that conflicts with an order previously made under this Act by the Minister or the Director, but an order may be made under subsection (1) supplementing the provisions of an order in respect of the prevention, decrease or elimination of harm to the environment and the restoration of the environment.  R.S.O. 1990, c. P.11, s. 46 (4). (5) Repealed:  1998, c. 35, s. 98 (2). Continuation in force (6) Where a person bound by an order under subsection (1) is imprisoned, the order continues in force except in so far as the imprisonment renders it impossible for the person to comply for the time being with the order.  R.S.O. 1990, c. P.11, s. 46 (6). Section Amendments with date in force (d/m/y) 1998, c. 35, s. 98 (1, 2) - 01/02/1999 2006, c. 19, Sched. K, s. 4 - 22/06/2006; 2006, c. 21, Sched. C, s. 129 (4) - 01/05/2007
46.1 (1) On its own initiative or on the request of the prosecutor, the court that convicts a person of an offence under this Act, in addition to any other penalty imposed by the court, may make an order for restitution against the person convicted of the offence, requiring the person to pay another person for reasonable expenses actually incurred by the other person on account of damage to property in which the other person has an interest that results from or is in any way connected to the commission of the offence, in such amount and on such terms and conditions as the court considers just.  1998, c. 35, s. 99. Expenses incurred, interpretation (2) For the purposes of subsection (1), expenses are incurred on account of damage to property if they are incurred, (a) to prevent, eliminate or ameliorate the damage; (b) to replace the property that suffered the damage; or (c) to restore the property to the state that it was in before the damage.  1998, c. 35, s. 99. Same (3) For greater certainty, for the purposes of clause (2) (a), expenses incurred to provide an alternate water supply may be expenses incurred to prevent, eliminate or ameliorate damage.  1998, c. 35, s. 99. Amount of order (4) The amount of the order for restitution shall not exceed the replacement value of the property as of the date the order is issued.  1998, c. 35, s. 99. No restitution to person who committed offence (5) The court shall not make an order for restitution in favour of any person on account of damage that is the result of, (a) the commission of an offence by the person; or (b) a contravention in respect of which an order has been served on the person requiring the person to pay an administrative penalty, unless the order has been revoked. 2019, c. 14, Sched. 8, s. 52. Notification of order (6) Where a court makes an order for restitution, it shall cause a copy of the order or a notice of the content of the order to be given to the person to whom the restitution is ordered to be paid.  1998, c. 35, s. 99. Filing of order in court (7) An order for restitution may be filed with a local registrar of the Superior Court of Justice and the responsibility for filing shall be on the person to whom the restitution is ordered to be paid.  1998, c. 35, s. 99; 2001, c. 9, Sched. G, s. 7 (17). Enforcement of order (8) An order for restitution filed under subsection (7) may be enforced as if it were an order of the court.  1998, c. 35, s. 99. Same (9) Section 129 of the Courts of Justice Act applies in respect of an order for restitution filed under subsection (7) and, for the purpose, the date of filing shall be deemed to be the date of the order.  1998, c. 35, s. 99. Civil remedy (10) A civil remedy for an act or omission is not affected by reason only that an order for restitution under this section has been made in respect of that act or omission.  1998, c. 35, s. 99. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 99 - 01/02/1999 2001, c. 9, Sched. G, s. 7 (17) - 29/06/2001 2017, c. 20, Sched. 5, s. 2 (28) - 04/09/2018 2019, c. 14, Sched. 8, s. 52 - 10/12/2019
46.3 (1) Where a person is convicted of an offence under this Act and a fine is imposed, (a) a thing seized in connection with the offence and not forfeited to the Crown under section 24.1, 24.3 or 46.2 shall not be returned until the fine has been paid; and (b) if payment of the fine is in default within the meaning of section 69 of the Provincial Offences Act, a justice may order that the thing be forfeited to the Crown. Application of subss. 46.2 (2) to (6) (2) Subsections 46.2 (2) to (6) apply with necessary modifications in relation to an order under clause (1) (b).  1998, c. 35, s. 99. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 99 - 01/02/1999
46.4 If a person is convicted of an offence under this Act, the justice may, in addition to any other penalty, order the person to pay all or part of the expenses incurred by the Ministry with respect to the seizure, storage or disposition of any thing seized in connection with the offence.  1998, c. 35, s. 99. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 99 - 01/02/1999
47 (1) Where a person is in default of payment of a fine imposed upon conviction for an offence against this Act, the Environmental Protection Act, the Nutrient Management Act, 2002, the Ontario Water Resources Act, the Safe Drinking Water Act, 2002, the Toxics Reduction Act, 2009 or the regulations made under any of them, on the application of the Director, an order may be made under subsection 69 (2) of the Provincial Offences Act directing that, (a) one or more of the person’s licences be suspended; and (b) no permit be issued to the person, until the fine is paid.  R.S.O. 1990, c. P.11, s. 47 (1); 2002, c. 4, s. 66 (4); 2009, c. 19, s. 71 (9); 2017, c. 20, Sched. 5, s. 2 (30). Duty of Director (2) The Director shall, (a) on being informed of an outstanding order referred to in subsection (1), suspend the person’s licence, if it is not already suspended under another order referred to in subsection (1); and (b) on being informed that the fine and any applicable prescribed administrative fee for the reinstatement of the licence are paid, reinstate the licence, unless the Director has been informed that, (i) there is another outstanding order referred to in subsection (1) directing that the licence be suspended, or (ii) the licence is suspended under any other order or under another statute.  R.S.O. 1990, c. P.11, s. 47 (2). Regulations (3) The Lieutenant Governor in Council may make regulations prescribing forms and procedures and respecting any matter considered necessary or advisable to carry out effectively the intent and purpose of this section.  R.S.O. 1990, c. P.11, s. 47 (3). Definition (4) In this section, “licence” means a licence or permit under this Act or the regulations.  R.S.O. 1990, c. P.11, s. 47 (4). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. G, s. 7 (15) - no effect - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2011 2002, c. 4, s. 66 (4)
- 01/07/2003 2009, c. 19, s. 71 (9)
- 01/01/2010 2017, c. 20, Sched. 5, s. 2 (30) - 04/09/2018
48 (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 provincial officer or Director.  2009, c. 33, Sched. 15, s. 9 (7). Same (2) Clause (1) (b) does not apply in respect of offences committed before the day this section comes into force.  2009, c. 33, Sched. 15, s. 9 (7). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 15, s. 9 (7) - 15/12/2009
49 (1) Every director or officer of a corporation that engages in an activity that may cause an effect mentioned in subsection (3) contrary to this Act or the regulations has a duty to take all reasonable care to prevent the corporation from causing or permitting such unlawful effect. Offence (2) Every person who has a duty under subsection (1) and who fails to carry out that duty is guilty of an offence. Effects (3) The effect referred to in subsection (1) is any one or more of, (a) impairment of the quality of the environment for any use that can be made of it; (b) injury or damage to property or plant or animal life; (c) harm or material discomfort to any person; (d) an adverse effect on the health of any person; (e) impairment of the safety of any person; or (f) directly or indirectly rendering any property or plant or animal life unfit for human use, from a pesticide or any substance or thing containing a pesticide to a greater degree than would necessarily result from the proper use or storage of the pesticide. Liability to conviction (4) A director or officer of a corporation is liable to conviction under this section whether or not the corporation has been prosecuted or convicted.  R.S.O. 1990, c. P.11, s. 49.
50 (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. P.11, s. 50 (1); 1998, c. 35, s. 100 (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.  R.S.O. 1990, c. P.11, s. 50 (2). 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. P.11, s. 50 (3). (4) Repealed:  1998, c. 35, s. 100 (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.  R.S.O. 1990, c. P.11, s. 50 (5). 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.  R.S.O. 1990, c. P.11, s. 50 (6). 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. P.11, s. 50 (7). Section Amendments with date in force (d/m/y) 1998, c. 35, s. 100 (1, 2) - 01/02/1999 Service of offence notice, etc., corporations, etc.
50.1 (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. 101. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 101 - 01/02/1999
51 (1) In this section, “official document” means, (a) an approval, certificate, consent, licence, notice, permit, order or return under this Act or the regulations, (b) a certificate as to service of a document mentioned in clause (a), (c) a certificate or report as to the analysis, description, ingredients, quality, quantity or temperature of any solid, liquid or gas or any combination of any of them, (d) a certificate or report as to the analysis, description, quality or quantity of any odour, heat, sound, vibration, radiation or any combination of any of them, (e) a certificate or report as to the custody of any solid, liquid or gas or any combination of any of them, (f) a certificate as to the custody of any book, record or report or as to the custody of any other document, or (g) a certificate as to whether or not any document or notification was received or issued by the Minister or the Ministry under this Act or the regulations. Same (2) An official document, other than an official document mentioned in clause (1) (c) or (d), that purports to be signed by the Minister or an employee in the Ministry shall be received in evidence in any proceeding as proof, in the absence of evidence to the contrary, of the facts stated in the official document without proof of the signature or position of the person appearing to have signed the official document. Idem (3) An official document mentioned in clause (1) (c), (d) or (e) that purports to be signed by an analyst shall be received in evidence in any proceeding as proof, in the absence of evidence to the contrary, of the facts stated in the official document without proof of the signature or position of the person appearing to have signed the official document. R.S.O. 1990, c. P.11, s. 51. 51.1 Section Amendments with date in force (d/m/y) 1998, c. 35, s. 102 - no effect - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2001
52 (1) Where any provision of this Act or the regulations or any direction, order, licence or permit made, served, delivered or issued by the Minister or the Director under this Act is contravened, despite any other remedy or any penalty imposed, the Minister may apply to a judge of the Superior Court of Justice for an order prohibiting the continuation or repetition of the contravention or the carrying on of any activity specified in the order that, in the opinion of the court, will or will likely result in the continuation or repetition of the contravention by the person committing the contravention, and the judge may make the order and it may be enforced in the same manner as any other order or judgment of the Superior Court of Justice.  R.S.O. 1990, c. P.11, s. 52 (1); 2001, c. 9, Sched. G, s. 7 (17). Appeal (2) An appeal lies to the Divisional Court from an order made under subsection (1).  R.S.O. 1990, c. P.11, s. 52 (2). Power to restrain by order upon conviction (3) Upon its own initiative or upon application 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. P.11, s. 52 (3). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. G, s. 7 (17) - 29/06/2001
52.1 The Director may rescind or amend a control order, cancel a permit or alter a term or condition in a permit if the Director is satisfied that the rescission, amendment, cancellation or alteration is in the public interest and is desirable for administrative reasons to, (a) reflect changes that have occurred with respect to the identity or description of any person or place; or (b) eliminate provisions that are spent or obsolete.  2001, c. 9, Sched. G, s. 7 (16). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. G, s. 7 (16) - 29/06/2001
53 Where a conflict appears between this Act or the regulations and any other Act or regulation in a matter related to pesticides and the control of pests, this Act or the regulations shall prevail.  R.S.O. 1990, c. P.11, s. 53. ______________  Français