jswizzle3737/ontario_laws_and_regs huggingface dataset:
1. In this Part, “applicant” means a person applying for compensation under section 101 of the Act, and includes the legal representative of a person under a legal disability.  R.R.O. 1990, Reg. 360, s. 1.
2. The following conditions are prescribed for the purposes of section 101 of the Act: 1. An applicant must, i. apply in the form provided by Her Majesty in right of Ontario, ii. submit with the application a copy of the order or direction in respect of which the cost and expense were incurred, and iii. provide or authorize the provision of such information and evidence as may reasonably be required, by the person appointed by the Minister to consider claims under section 101 of the Act, in determining the entitlement to, or amount of, compensation. 2. An applicant must apply not later than, i. eighteen months, or ii. where Her Majesty in right of Ontario agrees in writing, either before or after the expiration of the eighteen month period, that the subrogated position of Her Majesty in respect of the compensation is not prejudiced by the delay, two years, after the time that the cost and expense were incurred. 3. An applicant must have followed every lawful order or direction that relates to the applicant made under Part X of the Act and, except to the extent that an order or direction under Part X provides to the contrary, under the Environmental Protection Act, Ontario Water Resources Act
or Pesticides Act. 4. An applicant, i. must not have settled any part of the claim against any person for the cost and expense without the prior written consent of Her Majesty in right of Ontario, ii. must have included, in any action brought by the applicant for the cost and expense, all persons, including Her Majesty in right of Ontario, whom the applicant should reasonably believe to be liable at law for any part of the cost and expense, and iii. must assign to Her Majesty in right of Ontario any judgment for any part of the cost and expenses obtained by the applicant from a court. 5. An applicant must not include in the application a claim for the difference between the total amount of the cost and expense and, i. the total amount, exclusive of costs, for which the applicant has obtained judgment in actions for the cost and expense, and ii. the total amount, exclusive of costs, for which the applicant has settled the claims for cost and expense. 6. An applicant that is a municipality, a regional municipality or other public authority must not include in its application a claim in respect of any cost or expense that it otherwise would have incurred in carrying out its statutory duty or authority if the order or direction under Part X of the Act had not been issued.  R.R.O. 1990, Reg. 360, s. 2. PART II   PAYMENT AUTHORIZED BY THE ENVIRONMENTAL COMPENSATION CORPORATION
3. (1) In this Part, “amount”, when used with respect to insurance, includes the amount of any deductible under the relevant insurance coverage that is not insured by another policy of insurance, the amount of which has been included in the calculation; (“montant”) “applicant” means an applicant under section 103 of the Act and includes the legal representative of a person under a legal disability; (“auteur de demande”) “Corporation” means the Environmental Compensation Corporation; (“société”) “financial statement” means a financial statement supported by a certificate by an auditor licensed under the Public Accountancy Act stating that the financial statement was prepared in accordance with generally accepted accounting principles or such other verification as is satisfactory to the Corporation; (“état financier”) “person liable”, when used with reference to a spill, means a person against whom an applicant might reasonably be considered to have a cause of action for loss, damage, cost or expense in respect of the spill; (“personne responsable”) “specified deductible” means $1,000,000 plus, in the case of a corporation other than one included in the definition of “municipality” in section 1 of the Act, 10 per cent of the value of the assets of the corporation; (“franchise déterminée”) “spill creditor” means a member of a class prescribed by section 4 other than a member of a class of owners of the pollutant or of persons having control of the pollutant; (“créancier du fait du déversement”) “value”, in relation to assets, means, (a) the total book value of the assets less any liabilities as disclosed in a financial statement prepared as of the day immediately preceding the day of the spill, or (b) the total book value of the assets less any liabilities as disclosed in a financial statement prepared as of the fiscal year end of the person or organization to which the statement relates, if the statement is supported by a certificate by an auditor licensed under the Public Accountancy Act or such other verification as is satisfactory to the Corporation stating, (i) that no material change has occurred in the total book value of the assets or liabilities during the period of time between the day of the fiscal year end and the day on which the spill occurred, or (ii) that a material change has occurred in the total book value of the assets or liabilities during the period of time between the day of the fiscal year end and the day on which the spill occurred, specifying the nature and amount of the material change and the adjustments to the financial statement consequent upon the material change. (“valeur”)  R.R.O. 1990, Reg. 360, s. 3 (1). (2) For the purposes of the definition of “value”, (a) where a spill first occurs before the 29th day of November, 1985 and continues after that date, the day referred to shall be deemed to be the 29th day of November, 1985; or (b) where the day on which a spill first occurs cannot be established, the day referred to shall be deemed to be the day on which the applicant first knew or ought to have known of the spill or the 29th day of November, 1985, whichever is the later.  R.R.O. 1990, Reg. 360, s. 3 (2).
5. The following conditions are prescribed for the purposes of section 103 of the Act: 1. An applicant must, i. apply in the form provided by the Corporation, and ii. provide or authorize the provision of such information and evidence as may reasonably be required by the Corporation in determining the entitlement to, or amount of, compensation. 2. An applicant must not have settled any part of the claim for compensation against any person in respect of any matter included in the application without the prior written consent of the Corporation.  R.R.O. 1990, Reg. 360, s. 5.
6. The following principle must be adhered to in calculating the amount of the payment authorized under section 103 of the Act to each applicant: 1. In the case of an applicant who does not ordinarily reside in Ontario, the Corporation shall not authorize payment of an amount in excess of the amount that would be paid as compensation to the applicant in the other jurisdiction, i. if the applicant were ordinarily resident in Ontario, ii. if the applicable law were the legislation, in effect on the day the spill occurred, in the other jurisdiction, and iii. if the spill had occurred in the other jurisdiction.  R.R.O. 1990, Reg. 360, s. 6.
7. (1) The following conditions must be complied with before the Corporation authorizes payment under section 103 of the Act to an applicant who is the owner of a pollutant or the person having control of the pollutant: 1. Each application for compensation in respect of the spill of the pollutant by a person other than the applicant and each claim that might be contained in the application must have been settled with the Corporation, the applicant or the insurer of the applicant, or the claim must have been prosecuted to final judgment or dismissal or otherwise finally determined. 2. The application for compensation must be submitted to the Corporation within one year after the day on which all of the liability of the applicant for the spill is finally determined by settlement, judgment or otherwise. 3. The applicant must be liable, at any time after the spill, to pay compensation under Part X of the Act. 4. Unless the Corporation has waived the requirement, the applicant must have brought action against all persons against whom the applicant can reasonably be considered to have a cause of action in respect of the spill, and, i. have settled the claim against any person liable at law for the spill or have prosecuted the action against the person to final judgment or dismissal, and ii. where the applicant has obtained final judgment against another person in respect of the spill, the applicant must have exercised all available legal remedies to obtain payment under the judgment. 5. The value of the assets of the applicant, together with the amount of the payment the Corporation proposes to authorize, must be sufficient, in the opinion of the Corporation, to satisfy the total liabilities of the applicant. 6. The applicant must not have been liable at common law for any claims, cost or expense arising out of the spill.  R.R.O. 1990, Reg. 360, s. 7 (1). (2) For the purpose of paragraph 6 of subsection (1), (a) an applicant who assumes liability under a provision for that purpose in a contract shall not for that reason alone be considered liable at common law; and (b) an applicant who would be liable at common law except for a provision in a contract to the contrary shall be considered liable at common law.  R.R.O. 1990, Reg. 360, s. 7 (2).
11. The amount of every payment authorized by the Corporation under section 103 of the Act shall be calculated as of the day that the payment is authorized by the Corporation.  R.R.O. 1990, Reg. 360, s. 11.
12. The Corporation shall not, without the approval of the Lieutenant Governor in Council, authorize payments arising out of a single spill in excess of a total of $5,000,000.  R.R.O. 1990, Reg. 360, s. 12. PART III
13. A payment under section 101 or 103 of the Act is subject to the following conditions: 1. The person to whom payment is made or authorized to be made shall repay to the Minister of Finance an amount equal to any amount recovered or received by the person in respect of the loss or damage as a direct result of the spill that was not deducted in calculating the amount or the limit of the amount paid or authorized for payment to the person. 2. The person who applied for payment must not have knowingly or recklessly misrepresented or omitted any information in the application or in any document or proceeding in respect of the application. 3. The person who applied for the payment must have informed the Minister or the Corporation in writing of any change in the information in or in respect of the application forthwith after the change occurred and whether the change occurred before or after payment or authorization of the payment. 4. An applicant must not include in the application a claim for cost and expense for an amount of money, i. that the applicant has received from any other source, ii. to which the applicant is or was entitled from any other source, or iii. that the applicant is qualified to receive from any other source, that the applicant is not obligated to repay whether or not the applicant becomes or became disentitled or disqualified to receive the amount or, because of neglect or default by the applicant, the applicant is required or may be required to return the amount.  R.R.O. 1990, Reg. 360, s. 13.
14. Where the Crown or the Corporation has consented to a settlement of a claim at less than the amount of the loss, damage, cost or expense incurred by the applicant and has in the consent specified an amount in addition to the amount of the settlement that the applicant may include in the application, the applicant may do so and payment may be made or authorized accordingly.  R.R.O. 1990, Reg. 360, s. 14.
15. Revoked: O. Reg. 298/17, s. 1. PART IV   CLASSES OF FARMERS
17. The specified deductible under subclause 8 (1) (a) (iii), for the farmer, with respect to a spill for which a limit of liability is prescribed by subsection 16 (4), is the amount prescribed by subsection 16 (4).  R.R.O. 1990, Reg. 360, s. 17. Part v (ss. 18-22) Revoked:  O. Reg. 675/98, s. 13. PART VI   INSURERS
23. In this Part, “Corporation” means the Environmental Compensation Corporation.  R.R.O. 1990, Reg. 360, s. 23.
24. Insurers who undertake in writing to the Corporation not to settle claims and not to commence actions in respect of persons to whom compensation may be paid under subsection 101 (1) or section 109 of the Act, except in accordance with the conditions set out in this Part, are classified as Class A insurers.  R.R.O. 1990, Reg. 360, s. 24.
25. (1) A Class A insurer is exempt from the application of subsections 101 (10) and (12) and subsections 110 (5) and (7) of the Act subject to the following conditions: 1. The insurer must include in an action commenced on behalf of a person referred to in section 24 a claim on behalf of the person with respect to any matter for which a payment of compensation has been or may be made by the Minister of Finance under section 101 or 109 of the Act, as the case may be. 2. The insurer must give notice of any such action to the Corporation. 3. In prosecuting a claim in respect of which the Minister of Finance has made a payment under Part X of the Act, the insurer must protect the interests of the Crown except where the Crown permits otherwise. 4. The insurer must pay to the Minister of Finance the amount of any such claim, which has been paid by the Minister of Finance, awarded in the action to the extent that there are proceeds of the action in excess of costs. 5. Where the award of an action includes a recovery for damages other than for the claim paid by the Minister of Finance the award shall be proportionately shared with the Crown to the extent that it has not been apportioned by the Court. 6. The insurer must not settle any such claim or action without the consent in writing, i. where there may be an application under section 101 of the Act, of Her Majesty in right of Ontario, and ii. where there may be an application under section 103 of the Act, of the Corporation.  R.R.O. 1990, Reg. 360, s. 25 (1). (2) A condition in subsection (1) does not apply where, (a) the Corporation or Her Majesty in right of Ontario, as the case requires, otherwise consents; or (b) the insurer repays to the Minister of Finance any payment under section 101 or 109 of the Act.  R.R.O. 1990, Reg. 360, s. 25 (2). (3) The provision of condition 2 in subsection (1) requiring the insurer to follow the instructions of the Corporation or Her Majesty in right of Ontario does not apply where the insurer has advised the Corporation or Her Majesty in right of Ontario, as the case requires, in writing, that the insurer is unable to continue to prosecute the action on behalf of the Corporation or Her Majesty in right of Ontario by reason of a conflict of interest or because the insurer has no further interest in the action.  R.R.O. 1990, Reg. 360, s. 25 (3). Form 1  Revoked: O. Reg. 298/17, s. 2.  Français