jswizzle3737/ontario_laws_and_regs huggingface dataset:
50 (1) The Registrar shall, in accordance with any prescribed requirements, establish, maintain and operate an electronic public registry known in English as the Resource Productivity and Recovery Registry and in French as Registre de la productivité et de la récupération des ressources. Purposes (2) The purposes of the Registry are the following: 1.  To receive information submitted to the Authority, i.  by or on behalf of a person who is responsible for registering under section 66, ii.  by or on behalf of a person who is responsible for reporting under section 72, iii.  by or on behalf of a person who is required to submit information in relation to a program mentioned in clause 24 (1) (c), iv.  by or on behalf of a person who is required to submit information in respect of an object prescribed under clause 24 (1) (d), and v.  under any other Act. 2.  Subject to the regulations, to provide public access to information submitted under paragraph 1, other than commercially sensitive information. 3.  To provide public notice of, i.  information relating to fees set under section 41, and ii.  other information required to be made available on the Registry under this Act or any other Act. 4.  Any prescribed purposes. 2016, c. 12, Sched. 1, s. 50 (2); 2019, c. 14, Sched. 8, s. 58 (1, 2). Organization, form (3) The Registry shall be organized in the manner and kept in the form that the Registrar may determine. Requirements re information, fees, etc. (3.1) The Registry may be operated in such a manner that it may require a person to do one or both of the following before the person is able to complete the submission of information to the Authority: 1.  Provide additional information. 2.  Pay a fee, cost or charge set by the Authority under section 41. 2019, c. 14, Sched. 8, s. 58 (3). Complete and accurate information, etc. (4) If the Registrar is of the opinion that any information, reports, records or documents submitted through the Registry are incomplete or inaccurate, the Registrar may require the person to file information, reports, records or documents that are complete and accurate and the person shall comply with the requirement. Same (5) The Registrar shall ensure that material submitted under subsection (4) is included in the Registry. Refusal (6) The Registrar may refuse to accept information submitted to the Authority through the Registry if the information does not comply with the requirements of this Act or the regulations. Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 8, s. 57 (1-3) - 10/12/2019
51 (1) The Registrar shall ensure that the Registry includes a copy of every order issued under this Act or any other Act by the Registrar, a Deputy Registrar or an inspector. Orders under appeal (2) If an order is appealed, the Registrar shall ensure that the Registry includes a notation that the order is under appeal until the appeal is finally disposed of.
52 (1) The Registrar may establish forms and procedures with respect to submitting information through the Registry or to the Authority, subject to any limitations or requirements in the regulations. 2016, c. 12, Sched. 1, s. 52 (1); 2019, c. 14, Sched. 8, s. 59. Publication (2) The procedures shall be made available on the Registry. Non-application of Legislation Act, 2006, Part III (3) Part III of the Legislation Act, 2006 does not apply to a procedure established under this section. Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 8, s. 59 - 10/12/2019
53 (1) The Authority shall provide the Minister with such information as the Minister may require from time to time including information collected under this Act or under any other Act. Same, compliance and enforcement (1.1) In addition to complying with subsection (1), the Authority shall, in accordance with any procedures set out in the operating agreement under section 28, provide the Minister with such information as the Authority believes may be relevant to any compliance or enforcement activities that the Crown may consider undertaking in respect of information required to be submitted to the Authority. 2019, c. 14, Sched. 8, s. 60. Manner (2) The information must be provided in accordance with any prescribed requirements. Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 8, s. 60 - 10/12/2019
53.1 (1) The Minister may, by order, require the Authority to make available to the public any information specified by the Minister relating to, (a)  the compensation that the Authority pays to members of its board of directors, its officers and its employees; and (b)  any other payments that the Authority makes or is required to make to the persons mentioned in clause (a). 2020, c. 14, Sched. 6, s. 3. Posting required (2) The Authority shall post the information specified in the order on the Registry or make it public through such other as means as may be set out in the order. 2020, c. 14, Sched. 6, s. 3. Information for prior period (3) An order made under subsection (1) may require that the Authority make information referred to in that subsection available to the public with respect to a period that began before the day this section came into force. 2020, c. 14, Sched. 6, s. 3. Effect of compliance (4) If the Authority makes information available to the public in accordance with an order under subsection (1), or in the reasonable belief that the action is required by the order, no court, person or other entity shall find that the Authority, (a)  has contravened any Act enacted or regulation made before or after this section came into force; or (b)  is in breach of or has contravened any agreement that purports to restrict or prohibit that action, regardless of whether the agreement was made before or after this section came into force. 2020, c. 14, Sched. 6, s. 3. Definition (5) In this section, “compensation” means anything paid or provided, directly or indirectly, to or for the benefit of a person who performs duties and functions that entitle the person to be paid, and includes salary, benefits, perquisites and all forms of non-discretionary and discretionary payments. 2020, c. 14, Sched. 6, s. 3. Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 6, s. 3 - 14/07/2020 Administrator
55 (1) On the appointment of an administrator under section 54, the members of the Authority’s board of directors cease to hold office, unless the order provides otherwise. Same (2) During the term of the administrator’s appointment, the powers of any member of the board who continues to hold office are suspended, unless the order provides otherwise. Same (3) Subsection (2) also applies to the powers of members of the board who are appointed or elected during the term of the administrator’s appointment. No personal liability (4) No action or other proceeding shall be instituted against a member or former member of the board for anything done by the administrator or the Authority after the member’s removal under subsection (1) or while the member’s powers are suspended under subsection (2) or (3). Authority’s liability (5) Subsection (4) does not relieve the Authority of liability to which it would otherwise be subject. Miscellaneous
56 (1) A person has the right to communicate in French with, and to receive available services in French from, the Authority. Definition (2) In subsection (1), “service” means any service or procedure that is provided to the public by the Authority in carrying out its powers and performing its duties under this Act or any other Act and includes, (a)  responding to inquiries from members of the public, and (b)  any other communications for the purpose of providing the service or procedure. Authority’s duty (3) The Authority shall take all reasonable measures and make all reasonable plans to ensure that persons may exercise the right to use French given by this section. Limitation (4) The right to use French given by this section is subject to the limits that are reasonable in the circumstances.
57 (1) In this section, “law enforcement proceeding” means a proceeding in a court or tribunal that could result in a penalty or sanction being imposed; (“procédure d’exécution de la loi”) “peace officer” means a person or a member of a class of persons set out in the definition of “peace officer” in section 2 of the Criminal Code (Canada). (“agent de la paix”) Secrecy and permissible disclosure (2) The persons and entities mentioned in subsection (3) shall preserve secrecy with respect to any information obtained in performing a duty or exercising a power under this Act and shall not communicate the information to any person or entity except, (a)  as may be required in connection with a proceeding under this Act or in connection with the administration of this Act and the regulations under this Act; (b)  to the Minister, the Ministry or an employee or agent of the Ministry; (c)  to a peace officer, as required under a warrant, to aid an inspection, investigation or similar proceeding undertaken with a view to a law enforcement proceeding or from which a law enforcement proceeding is likely to result; (d)  with the consent of the person to whom the information relates; (e)  to the counsel of the person to whom the information relates; (f)  to the extent that the information is required or permitted to be made available to the public under this Act or any other Act; or (g)  under further circumstances that are prescribed. Same (3) The persons and entities referred to in subsection (2) are, (a)  the Authority, the members of its board of directors and its officers, employees and agents, including the Registrar, a Deputy Registrar and an inspector, and any other person who performs the duties and exercises the powers of those persons; (b)  any person carrying out a review under section 31; (c)  an administrator appointed under section 54; and (d)  a provincial offences officer designated under the Provincial Offences Act for the purposes of section 98 or 99 of this Act. Testimony in civil proceeding (4) No person shall be compelled to give testimony in a civil proceeding with regard to information obtained in the course of exercising a power or performing a duty under this Act, other than, (a)  a proceeding under this Act; (b)  a proceeding under any other Act that relates to the Authority’s objects; or (c)  an appeal or a judicial review relating to a proceeding described in clause (a) or (b).
2016, c. 12, Sched. 1, s. 57 (4); 2019, c. 14, Sched. 8, s. 61. Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 8, s. 61 - 10/12/2019
58 In the event of conflict, this Act, the regulations, and any other Act under which the Authority has powers or duties and the regulations under such Acts prevail over the operating agreement and over the Authority’s by-laws and resolutions. Part IV   resource recovery and waste reduction responsibilities General
59 In this Part, “brand” means any mark, word, name, symbol, design, device or graphical element, or a combination thereof, including a registered or unregistered trade-mark, which identifies a product and distinguishes it from other products; (“marque”) “brand holder” means a person who owns or licences a brand or who otherwise has rights to market a product under the brand; (“titulaire de marque”) “consumer”, in respect of material in a designated class, means a person who obtains the material for the person’s own use, subject to any alternative meaning or meanings that may be provided for in the regulations; (“consommateur”) “convenience packaging” means material used in addition to primary packaging to facilitate consumers’ handling or transportation of one or more products, such as boxes and bags, subject to any alternative meaning or meanings that may be provided for in the regulations; (“emballage pratique”) “designated class” means a class described in section 60; (“catégorie désignée”) “market”, in respect of a product, includes, (a)  to offer the product for sale, expose it for sale or possess it for sale, (b)  to distribute the product, whether for consideration or not, and (c)  to lease the product, offer it for lease, expose it for lease or have it in possession for lease; (“commercialiser”) “primary packaging” means material that is used for the containment, protection, handling, delivery and presentation of a product that is provided to a consumer at the point of sale, and includes packaging designed to group one or more products for the purposes of sale, but does not include convenience packaging or transport packaging, subject to any alternative meaning or meanings that may be provided for in the regulations; (“emballage primaire”) “product” means material that is a thing, part of a thing, or combination of things intended for use by a consumer, subject to any alternative meaning or meanings that may be provided for in the regulations; (“produit”) “transport packaging” means material used in addition to primary packaging to facilitate the handling or transportation of one or more products by persons other than consumers, such as pallets, bail wrap and boxes, but does not include shipping containers designed for transporting things by road, ship, rail or air, subject to any alternative meaning or meanings that may be provided for in the regulations. (“emballage de transport”) 2016, c. 12, Sched. 1, s. 59; 2020, c. 36, Sched. 41, s. 1. Section Amendments with date in force (d/m/y) 2020, c. 36, Sched. 41, s. 1 - 08/12/2020
60 (1) A regulation may designate classes of materials in respect of which brand holders or others may be required to carry out responsibilities under this Part. 2016, c. 12, Sched. 1, s. 60 (1). Same (2) The classes of materials designated under subsection (1) shall be in respect of one or more of the following: 1.  Products. 2.  Primary packaging associated with a product. 3.  Convenience packaging. 4.  Transport packaging. 2020, c. 36, Sched. 41, s. 2. Section Amendments with date in force (d/m/y) 2020, c. 36, Sched. 41, s. 2 - 08/12/2020 Persons Who May Have Responsibilities Product and its primary packaging
61 (1) Under this Part, a person who is the holder of a brand associated with a product in a designated class may be required to carry out any of the following responsibilities with respect to the product and its primary packaging: 1.  Registration, as described in section 66. 2.  Waste reduction, as described in section 67. 3.  Collection, as described in section 68. 4.  Management, as described in section 69. 5.  Promotion and education, as described in section 70. 6.  Reporting, auditing and record keeping, as described in section 72. 2016, c. 12, Sched. 1, s. 61 (1). Alternate or additional person (2) Either or both of the following may be required to carry out responsibilities under this Part instead of, or in addition to, a brand holder described in subsection (1): 1.  A person who has a commercial connection to a product in a designated class. 2.  A person who meets prescribed conditions in respect of a product or its primary packaging in a designated class. 2020, c. 36, Sched. 41, s. 3. Commercial connection (3) For the purposes of subsection (2), a person who has a commercial connection to a product in a designated class means a person who, (a)  imports, wholesales, leases or retails the product, or is otherwise involved in the product’s distribution; or (b)  meets the prescribed conditions. 2016, c. 12, Sched. 1, s. 61 (3). Same, determination (4) For the purposes of subsections (1) and (2), the regulations may specify a person or may set out a method for determining who the person is. 2016, c. 12, Sched. 1, s. 61 (4). Exclusion, person providing services (5) A person does not have a commercial connection to a product by virtue only of the fact that the person provides services to someone who is required to carry out responsibilities under this Part in respect of the product. 2016, c. 12, Sched. 1, s. 61 (5). Limitation (6) A regulation shall not require a person mentioned in subsection (1) or (2) to carry out responsibilities under this Part in respect of material in a designated class unless, (a)  the person is the brand holder of a product in the class that is marketed to a consumer in Ontario, including through the Internet, using a catalogue order system, using a telephone order system, or by a similar remote sales method; (b)  the person markets a product in the class to a consumer in Ontario, including through the Internet, using a catalogue order system, using a telephone order system, or by a similar remote sales method; or (c)  the person satisfies the prescribed criteria. 2016, c. 12, Sched. 1, s. 61 (6). Section Amendments with date in force (d/m/y) 2020, c. 36, Sched. 41, s. 3 - 08/12/2020
62 (1) Under this Part, a person may be required to carry out any one or more of the responsibilities mentioned in subsection 61 (1) with respect to convenience packaging or transport packaging in a designated class if, (a)  the person is the brand holder of a product that is or was contained in, on or under the packaging; (b)  in the case of convenience packaging, the person supplies convenience packaging in the class to a consumer in Ontario; (c)  in the case of transport packaging, the person first causes transport packaging in the class to be used in the handling or transportation of a product marketed to a consumer in Ontario, if the final destination of the packaging is in Ontario; or (d)  the person satisfies the prescribed criteria. Same, determination (2) For the purposes of subsection (1), the regulations may specify a person or may set out a method for determining who the person is.
62.1 If a designated class includes materials referred to in both sections 61 and 62, a person may be required to carry out one or more of the responsibilities mentioned in subsection 61 (1) in respect of that designated class pursuant to both sections 61 and 62, as applicable. 2020, c. 36, Sched. 41, s. 4. Section Amendments with date in force (d/m/y) 2020, c. 36, Sched. 41, s. 4 - 08/12/2020
63 For the purposes of sections 61 and 62, (a)  a brand holder includes, (i)  a person who has been a brand holder but who no longer is, and (ii)  a person who was a brand holder before the day this section comes into force; (b)  a person who has a commercial connection to a product includes, (i)  a person who had a commercial connection to the product but who no longer does, and (ii)  a person who had a commercial connection to the product before the day this section comes into force; (c)  a person who supplies convenience packaging includes a person who has supplied the packaging but who no longer does; and (d)  a person who markets a product includes, (i)  a person who has marketed the product but who no longer does, and (ii)  a person who marketed the product before the day this section comes into force.
64 Under this Part, persons who are not described in section 61 or 62 but who perform an activity that relates to resource recovery or waste reduction in Ontario may be required to carry out responsibilities in any one or more of the following categories: 1.  Registration, as described in section 66. 2.  Promotion and education, as described in section 70. 3.  Reporting, auditing and record keeping, as described in section 72.
65 For greater certainty, more than one person may be required to carry out responsibilities under this Part in respect of the same product and its primary packaging or in respect of the same convenience packaging or transport packaging. Responsibilities
66 (1) A regulation may provide that a person mentioned in section 61 or 62 is responsible for registering with the Authority through the Registry, in accordance with the regulations and with any procedures established by the Registrar under Part III, and for ensuring that the registration is kept up to date in accordance with the regulations. Requirements (2) Without limiting the generality of subsection (1), a regulation may require that a person include the following information in a registration: 1.  A list or description of products and packaging in respect of which the person is required to carry out a responsibility under a regulation under section 67, 68, 69, or 70. 2.  A description of how the person is fulfilling or plans to fulfil the person’s responsibilities under this Part. 3.  The name of anyone the person retains to arrange for the establishment or operation of a waste disposal site or waste management system within the meaning of Part V of the Environmental Protection Act in relation to the person’s responsibilities under this Part and a description of the arrangements that person is retained to provide. 4.  The name of anyone the person retains to operate a waste disposal site or waste management system within the meaning of Part V of the Environmental Protection Act in relation to the person’s responsibilities under this Part and a description of the services that person is retained to provide. 5.  Other information in respect of activities the person engages in that affect resource recovery or waste reduction in Ontario. Other persons performing activity relating to resource recovery or waste reduction (3) A regulation may provide that persons described in section 64 are responsible for registering with the Authority through the Registry, in accordance with the regulations and with any procedures established by the Registrar under Part III, and for ensuring that the registration is kept up to date in accordance with the regulations. Requirements (4) Without limiting the generality of subsection (3), a regulation may require that a person include the following information in a registration: 1.  Information in respect of activities the person engages in that affect resource recovery or waste reduction in Ontario. 2.  A description of how the person is fulfilling or plans to fulfil the person’s responsibilities under this Part. 3.  The name of anyone the person retains to arrange for the establishment or operation of a waste disposal site or waste management system within the meaning of Part V of the Environmental Protection Act in relation to another person’s responsibilities under this Part and a description of the arrangements that person is retained to provide. 4.  The name of anyone the person retains to operate a waste disposal site or waste management system within the meaning of Part V of the Environmental Protection Act in relation to another person’s responsibilities under this Part and a description of the services that person is retained to provide. 5.  The name of anyone who retains the person in respect of responsibilities under this Part and a description of the services the person is retained to provide.
67 (1) A regulation may provide that a person mentioned in section 61 or 62 is responsible for reducing the amount of waste generated in connection with prescribed material in a designated class at the end of the material’s life in accordance with the prescribed requirements. Limitation (2) The following limitations apply to a regulation under subsection (1): 1.  A person’s responsibility for reducing waste applies only in respect of the material with which the person is associated within a designated class. 2.  A person shall not be prescribed as being responsible for reducing waste unless the person, i.  is a brand holder of a product, ii.  supplies convenience packaging that displays a brand the person holds, or iii.  causes the use of transport packaging that displays a brand the person holds. Design of product and packaging (3) Without limiting the generality of subsection (1), a regulation may require that a person with a waste reduction responsibility in respect of a designated class take steps to design material in the class so as to, (a)  increase the material’s reusability and recyclability; (b)  reduce or eliminate any impact the material may have on the recyclability of other materials in the class; (c)  reduce the amount of waste generated at the end of the product’s or packaging’s life; (d)  reduce or eliminate the use of any substance in the material; or (e)  increase the use of recovered resources in the making of the material.
68 (1) A regulation may provide that a person mentioned in section 61 or 62 is responsible for establishing and operating a collection system for prescribed material in a designated class in accordance with the prescribed requirements. Requirements (2) Without limiting the generality of subsection (1), a regulation may require that a person responsible for establishing and operating a collection system, (a)  must collect prescribed material in the designated class in accordance with the prescribed requirements; (b)  must collect the person’s own product, collect the packaging associated with the person’s own product, collect any product in the designated class, or collect any packaging in the designated class; (c)  must ensure that the collection system is operated for the prescribed period of time; (d)  must ensure that the prescribed services, facilities and activities for the collection of the material are provided in accordance with the prescribed requirements; (e)  must ensure that services, facilities and activities for the collection of the material that are prohibited under the regulations are not provided; (f)  must ensure that the material is collected in the prescribed quantities; (g)  must collect the material from a person who offers the material for collection or from another prescribed person; or (h)  must not engage in methods of collection that are prohibited under the regulations. No charge (3) A person responsible for establishing and operating a collection system shall ensure that no charge is imposed at the time of the collection. Part V of the Environmental Protection Act (4) Products and packaging collected through a collection system required to be established and operated under this section are waste within the meaning of Part V of the Environmental Protection Act. Same (5) A collection system required to be established and operated under this section is a waste management system within the meaning of Part V of the Environmental Protection Act.
69 (1) A regulation may provide that a person mentioned in section 61 or 62 who is prescribed under section 68 as being responsible for collecting material in a designated class is also responsible for establishing and operating a system, in accordance with the prescribed requirements, for managing the material collected in respect of that class. Requirements (2) Without limiting the generality of subsection (1), a regulation may provide that a person responsible for managing material shall handle, reuse, recycle, recover resources from, and dispose of the material in accordance with the prescribed requirements, and may provide that a person, (a)  must allow for the material or part of the material to be, (i)  reused, (ii)  used in the making of new products, packaging or other things, or (iii)  used as a nutrient for improving the quality of soil, agriculture or landscaping; or (b)  must not engage in methods of handling, reusing, recycling, recovering resources from, or disposing of the material that are prohibited under the regulations. Part V of the Environmental Protection Act (3) A system required to be established and operated under this section is a waste management system within the meaning of Part V of the Environmental Protection Act.
70 (1) For the purpose of increasing the collection, reuse, recycling or recovery of material in a designated class, a regulation may provide that a person mentioned in section 61 or 62 is responsible for implementing a promotion and education program in respect of the collection system or management system for that class in accordance with the prescribed requirements. Same (2) For the purpose of increasing the collection, reuse, recycling or recovery of material in a designated class, a regulation may provide that persons performing an activity that relates to resource recovery or waste reduction in Ontario other than a person described in subsection (1) are responsible for implementing a promotion and education program in respect of the collection of material in a designated class in accordance with the regulations.
71 For the purposes of section 68 or 69 or subsection 70 (1), and without limiting the generality of those provisions, a regulation may provide that reduced or alternate responsibilities in respect of collection, management or promotion and education apply in respect of a person in circumstances where a material’s design satisfies prescribed requirements. Responsibility for reporting, auditing and record keeping
72 (1) A regulation may require that a person who is required to carry out a responsibility under section 67, 68, 69, or 70 shall create, maintain and store documents and data and shall submit the documents or data to the Authority. Other persons performing activity relating to resource recovery or waste reduction (2) A regulation may require a person performing an activity that relates to resource recovery or waste reduction in Ontario other than a person described in subsection (1) to create, maintain and store documents and data and to submit the documents or data to the Authority. Audit (3) A regulation may require a person who is required to carry out a responsibility under section 67, 68, 69, or 70 to cause an audit to be undertaken of the practices and procedures the person has implemented or will implement in order to comply with the applicable section, and the audit shall comply with any prescribed requirements. Same, report to Authority (4) A person who is required to cause an audit to be undertaken under subsection (3) shall, if the regulations require, prepare a report on the audit in accordance with the regulations and submit it to the Authority. Contents of report (5) The report referred to in subsection (4) shall set out the steps the person has taken to meet the requirements in this Part for which the person is responsible under this Part and any other prescribed information. Opinion re accuracy (6) The regulations may require that data, documents or reports required under this section be accompanied by the opinion of a prescribed person respecting the accuracy of the data, document or reports. Other persons performing activity relating to resource recovery or waste reduction (7) A regulation may require a person performing an activity that relates to resource recovery or waste reduction in Ontario other than a person described in subsection (1) to prepare an annual report in respect of the activity in accordance with the regulations and submit it to the Authority. Manner of creation, etc. (8) A person who is required to create, maintain or store documents or data under this section shall do so in accordance with any prescribed requirements. Availability (9) A person who is required to create, maintain or store documents and data under this section shall ensure the documents and data are made available in accordance with any prescribed requirements. Manner of submission (10) A person who is required to submit documents or data to the Authority under this section shall do so in accordance with any prescribed requirements and with any procedures established by the Registrar under Part III for submitting information through the Registry.
73 A person who is required by a regulation made under this Part to carry out a responsibility shall do so and a person who is required by a regulation made under this Part to refrain from doing a thing shall refrain from doing it. Dispute Resolution
74 (1) This section applies to the following persons: 1.  A person mentioned in section 61 or 62 who is required to carry out responsibilities under section 68 or 69. 2.  A person who arranges for the establishment or operation of a waste disposal site or waste management system within the meaning of Part V of the Environmental Protection Act in relation to another person’s responsibilities under this Part. 3.  A person who operates a waste disposal site or waste management system within the meaning of Part V of the Environmental Protection Act and provides services in relation to another person’s responsibilities under this Part. Same (2) A person to whom this section applies shall ensure that any agreement to which the person is a party related to the provision of services by a person described in paragraph 2 or 3 of subsection (1) contains provisions requiring the parties to submit to arbitration any dispute that has arisen or may arise between them that cannot be or has not been resolved through mediation. Prohibition on Marketing Prescribed Material
75 (1) No person shall market material in a designated class to a person in Ontario if the material has been prescribed for the purposes of this section. Same (2) The Lieutenant Governor in Council may prescribe material for the purpose of subsection (1) if, (a)  a collection system is required to be established and operated under section 68 in respect of the designated class to which the material belongs and a person obligated by the regulations to establish and operate the collection system has failed to establish it or has ceased to operate it; or (b)  a person who is required to carry out one or more responsibilities under this Part in respect of the material has habitually failed to carry out any of the responsibilities. Part V   enforcement General
76 In this Part, “Part IV regulations” means the regulations made under Part IV (Resource Recovery and Waste Reduction Responsibilities); (“règlements de la partie IV”) “place” includes a building, structure, machine, vehicle or vessel. (“lieu”)
76.1 (1) Sections 78, 79, 81, 86 and 89 do not apply in respect of any matter related to a program mentioned in clause 24 (1) (c), including any requirement to pay a fee, cost or charge in respect of such a matter. 2019, c. 14, Sched. 8, s. 62. Same re s. 24 (1) (d) (2) Unless the regulations provide otherwise, sections 78, 79, 81, 86 and 89 do not apply in respect of any matter related to an object prescribed under clause 24 (1) (d), including any requirement to pay a fee, cost or charge in respect of such a matter. 2019, c. 14, Sched. 8, s. 62. Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 8, s. 62 - 10/12/2019
77 The Authority shall exercise powers and perform duties in relation to compliance with and enforcement of this Act.
78 (1) An inspector may, at any reasonable time, enter any place described in subsection (2) and conduct an inspection for the purpose of determining any person’s compliance with this Act or the regulations if the inspector reasonably believes that, (a)  the place contains documents or data relating to the person’s compliance; or (b)  an activity relating to the person’s compliance is occurring or has occurred at the place. Same (2) Subsection (1) authorizes an inspector to enter a place only if it is owned or occupied by, (a)  a person required under Part IV to carry out a responsibility under that Part; (b)  a person who arranges for the establishment or operation of a waste disposal site or waste management system within the meaning of Part V of the Environmental Protection Act in relation to another person’s responsibilities under this Part; or (c)  the owner or operator of a waste disposal site or waste management system within the meaning of Part V of the Environmental Protection Act. Entry to dwellings (3) A person shall not exercise a power conferred by this section to enter, without the occupier’s consent, a room that is actually used as a dwelling, except under the authority of an order made under section 81. Powers during inspection (4) An inspector may do any one or more of the following in the course of entering a place and conducting an inspection: 1.  Examine, record or copy any document or data, in any form, by any method. 2.  Make a record of anything by any method. 3.  Require the production of any document or data, in any form, required to be kept under this Act and of any form of other document or data related to the purpose of the inspection. 4.  Remove from the place, for the purpose of making copies, documents or data produced under paragraph 3. 5.  Make reasonable inquiries of any person, orally or in writing. 6.  Take samples for analysis. 7.  Conduct tests or take measurements. Limitation (5) A record made under paragraph 2 of subsection (4) must be made in a manner that does not intercept any private communication and that accords with reasonable expectations of privacy. Records in electronic form (6) If a record is retained in electronic form, an inspector may require that a copy of it be provided to him or her on paper or electronically, or both. Limitation re removal of documents (7) An inspector shall not remove documents or data under paragraph 4 of subsection (4) without giving a receipt for them and shall promptly return them to the person who produced them. Power to exclude persons (8) An inspector who exercises the power set out in paragraph 5 of subsection (4) may exclude any person from the questioning, except counsel for the individual being questioned.
79 (1) For the purpose of determining a person’s compliance with this Act or the regulations, an inspector may, at any reasonable time and with any reasonable assistance, require any of the following persons to respond to reasonable inquiries: 1.  A person required under Part IV to carry out a responsibility under that Part. 2.  A person who arranges for the establishment or operation of a waste disposal site or waste management system within the meaning of Part V of the Environmental Protection Act
in relation to another person’s responsibilities under this Part. 3.  The owner or operator of a waste disposal site or waste management system within the meaning of Part V of the Environmental Protection Act. 4.  A person required to pay a fee under subsection 41 (5). 5.  A director, officer, employee or agent of a person described in paragraphs 1 to 4. Same (2) For the purposes of subsection (1), an inspector may make inquiries by any means of communication. Production of document (3) In requiring a person to respond to an inquiry under subsection (1), an inspector 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. Records in electronic form (4) If a record is retained in electronic form, an inspector may require that a copy of it be provided to him or her on paper or electronically, or both.
80 On request, an inspector who exercises a power under this Act shall identify himself or herself as an inspector, either by the production of a copy of the certificate of appointment or in some other manner, and shall explain the purpose of the exercise of the power.
81 (1) A justice may issue an order authorizing an inspector to do anything set out in subsection 78 (1) or (4) or section 79 if the justice is satisfied, on evidence under oath by an inspector, that there are reasonable grounds to believe that, (a)  it is appropriate for the inspector to do anything set out in subsection 78 (1) or (4) or section 79 for the purpose of determining any person’s compliance with this Act or the regulations; (b)  the inspector may not be able to carry out his or her duties effectively without an order under this section because, (i)  no occupier is present to grant access to a place that is locked or otherwise inaccessible, (ii)  a person has prevented or may prevent the inspector from doing anything set out in subsection 78 (1) or (4) or section 79, (iii)  it is impractical, because of the remoteness of the place to be inspected or for any other reason, for an inspector to obtain an order under this section without delay if access is denied, or (iv)  an attempt by an inspector to do anything set out in subsection 78 (1) or (4) or section 79 might not achieve its purpose without the order; or (c)  a person is refusing or is likely to refuse to respond to reasonable inquiries. Same (2) Subsections 78 (5) to (8) apply to an inspection carried out under an order issued under this section. 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. 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. When to be executed (5) Unless the order provides otherwise, everything that an order under this section authorizes must be done between 6 a.m. and 9 p.m. Application without notice (6) An order under this section may be issued or renewed on application without notice. Application for dwelling (7) An application for an order under this section authorizing entry to a dwelling shall specifically indicate that the application relates to a dwelling.
82 An inspector may detain copies or samples obtained under section 78 or 81 for any period and for any purpose relating to enforcing this Act and the regulations.
83 An inspector who is authorized by an order under section 81 to do anything set out in subsection 78 (1) or (4) or section 79 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 the assistance. Note: On a day to be named by proclamation of the Lieutenant Governor, section 83 of the Act is repealed and the following substituted: (See: 2019, c. 1, Sched. 4, s. 54) Calling for assistance of member of police service 83 An inspector who is authorized by an order under section 81 to do anything set out in subsection 78 (1) or (4) or section 79 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. 54. Section Amendments with date in force (d/m/y) 2018, c. 3, Sched. 5, s. 56 - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 54 - not in force Seizure
84 (1) During an inspection under section 78 or 81, an inspector may, without a warrant or court order, seize anything that is produced to the inspector or that is in plain view, if the inspector reasonably believes that the thing will afford evidence of an offence under this Act. Detention or removal, things seized (2) An inspector who seizes anything under this section may remove the thing or may detain it in the place where it is seized. Reasons and receipt (3) If possible, the inspector shall inform the person from whom a thing is seized under this section as to the reasons for the seizure and shall give the person a receipt for the thing seized.
85 (1) An inspector who seizes anything under section 84 shall bring the thing before a justice or, if that is not reasonably possible, shall report the seizure to a justice. Application of Provincial Offences Act (2) Section 159 of the Provincial Offences Act applies with necessary modifications in respect of a thing seized under section 84 of this Act. Compliance Orders
86 (1) If an inspector reasonably believes any of the following persons is contravening or has contravened this Act or the regulations, the inspector may issue an order to the person, subject to the regulations: 1.  A person required under Part IV to carry out a responsibility under that Part. 2.  A person required to pay a fee under subsection 41 (5). 3.  A person required to comply with a rule pursuant to subsection 107.1 (6). 2016, c. 12, Sched. 1, s. 86 (1); 2020, c. 36, Sched. 41, s. 5. Information to be included in order (2) The order shall, (a)  specify the provision of this Act or the regulations that the inspector 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 87. 2016, c. 12, Sched. 1, s. 86 (2). 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)  remedying a contravention of Part III or IV of this Act or the regulations made in respect of those Parts; (b)  preventing the continuation or repetition of the contravention; (c)  submitting a plan prepared by or on behalf of the person for achieving compliance with a provision of this Act or the regulations to the inspector’s satisfaction; (d)  engaging contractors or consultants satisfactory to an inspector to prepare a plan or carry out work required by the order; (e)  sampling, testing, measuring, monitoring and reporting with respect to material in a class designated under the Part IV regulations; or (f)  posting notice of the order. 2016, c. 12, Sched. 1, s. 86 (3). Consequential authority (4) The authority to make an order under this section includes the authority to require the person to whom the order is directed to take such intermediate action or such procedural steps, or both, as are related to the action required or prohibited by the order and as are specified in the order. 2016, c. 12, Sched. 1, s. 86 (4). Section Amendments with date in force (d/m/y) 2020, c. 36, Sched. 41, s. 5 - 08/12/2020