jswizzle3737/ontario_laws_and_regs huggingface dataset:
127 (1) Each of the following decisions of a Director under this Act is a reviewable decision for the purposes of this Part: 1.  A refusal to issue or amend a permit, licence, certificate or approval. 2.  A refusal to grant a consent for the fragmentation of a non-municipal drinking water system. 3.  A decision to impose, vary or remove conditions in a permit, licence, certificate or approval. 4.  A refusal to impose a condition in a permit, licence, certificate or approval. 5.  A decision to suspend a licence, certificate or approval, other than a suspension of a drinking water testing licence ordered by the Minister under section 108. 6.  A decision to revoke a permit, licence, certificate or approval. 7.  A refusal to extend the expiry date of a licence under subsection 44 (6) or 73 (5). 8.  A refusal to renew a licence, certificate or approval. 9.  A refusal to consent to the transfer of a licence. 10.  A decision to issue an order, including an order to pay costs under section 122 and an order in respect of an administrative penalty. 11.  A decision to confirm or amend an order made by a provincial officer, including a decision to confirm or amend an order in respect of an administrative penalty. 12.  Repealed: 2019, c. 14, Sched. 8, s. 69. 2002, c. 32, s. 127 (1); 2007, c. 10, Sched. D, s. 3 (17-22); 2019, c. 14, Sched. 8, s. 69. Same (1.1) A decision of a Director to amend a document as described in subsection 34.7 (8) of the Ontario Water Resources Act is a reviewable decision for the purposes of this Part. 2007, c. 12, s. 2 (4). Exception, decisions requested or consented to (2) Subsections (1) and (1.1) do not apply to a decision made at the request or with the consent of, (a)  the applicant for, or holder of, the permit, licence, certificate or approval, if the decision concerns a permit, licence, certificate or approval; or (b)  the person to whom the order is issued, if the decision concerns an order. 2017, c. 2, Sched. 11, s. 6 (6). Exception, refusal to issue, amend or revoke order (3) A refusal by a Director or provincial officer to issue, amend or revoke an order is not a reviewable decision for the purposes of this Part.  2002, c. 32, s. 127 (3). Section Amendments with date in force (d/m/y) 2007, c. 10, Sched. D, s. 3 (17-22) - 04/06/2007; 2007, c. 12, s. 2 (4, 5)
- 01/01/2015 2017, c. 2, Sched. 11, s. 6 (6) - 22/03/2017 2019, c. 14, Sched. 8, s. 69 - 10/12/2019
128 (1) The Director shall serve notice of a reviewable decision, (a)  if the decision concerns a permit, licence, certificate or approval, on the applicant for, or the holder of, the permit, licence, certificate or approval; or (b)  if the decision concerns an order, on the person to whom the order is issued. 2002, c. 32, s. 128 (1); 2017, c. 2, Sched. 11, s. 6 (7); 2019, c. 14, Sched. 8, s. 70. Notice to include information about right of appeal (2) A notice of a reviewable decision shall include details of the right to appeal to the Tribunal given under this Part.  2002, c. 32, s. 128 (2). Section Amendments with date in force (d/m/y) 2017, c. 2, Sched. 11, s. 6 (7) - 22/03/2017 2019, c. 14, Sched. 8, s. 70 - 10/12/2019
129 (1) Within 15 days after being served with a notice of a reviewable decision, the person notified may require a hearing by the Tribunal by written notice served on the Director and the Tribunal.  2002, c. 32, s. 129 (1). Extension of time (2) On application by a person notified of a reviewable decision, the Tribunal shall extend the time in which a notice requiring a hearing may be served, if the Tribunal considers that, (a)  service of the notice of the decision did not give the person adequate notice of the decision; or (b)  it is otherwise just to do so.  2002, c. 32, s. 129 (2). Contents of notice requiring hearing (3) A person requiring a hearing shall state in the notice requiring the hearing, (a)  the aspect of the decision, including the portion of the permit, licence, certificate, approval or order in respect of which the hearing is required; and (b)  the grounds for review to be relied on by the person at the hearing.  2002, c. 32, s. 129 (3); 2017, c. 2, Sched. 11, s. 6 (8); 2019, c. 14, Sched. 8, s. 71. Effect of contents of notice (4) Except with leave of the Tribunal, a person requiring a hearing in relation to a reviewable decision is not entitled to, (a)  a review of an aspect of the decision other than that stated in the notice requiring the hearing; or (b)  a review of the decision other than on the grounds stated in the notice.  2002, c. 32, s. 129 (4). Leave by Tribunal, review of matters outside notice, etc. (5) The Tribunal may grant leave under subsection (4), if it considers that to do so would be proper in the circumstances, subject to such directions as the Tribunal considers proper in the circumstances.  2002, c. 32, s. 129 (5). Section Amendments with date in force (d/m/y) 2017, c. 2, Sched. 11, s. 6 (8) - 22/03/2017 2019, c. 14, Sched. 8, s. 71 - 10/12/2019
130 The following are parties to a hearing under this Part: 1.  The person requiring the hearing. 2.  The Director. 3.  Any other person specified by the Tribunal.  2002, c. 32, s. 130.
131 (1) The commencement of a proceeding before the Tribunal does not stay the operation of the relevant reviewable decision, except in the case of, (a)  a decision in respect of an order to pay an administrative penalty; or (b)  a decision in relation to an order to pay costs under section 122.  2002, c. 32, s. 131 (1); 2019, c. 14, Sched. 8, s. 72. Tribunal may grant stay (2) On the application of a party to a proceeding, the Tribunal may stay the operation of the relevant reviewable decision, except in the case of an application in respect of, (a)  a requirement in an order that relates to the sampling, testing, monitoring or reporting with respect to the quality or quantity of any waters; (b)  an order under section 109 in respect of an imminent drinking water health hazard; (c)  the suspension of a licence or approval issued or granted under this Act; or (d)  a reviewable decision in respect of a drinking water testing licence, if the Chief Medical Officer of Health advises the Tribunal, the licensee and the Director in writing that in his or her opinion the staying of the decision would endanger, or likely endanger, public health.  2002, c. 32, s. 131 (2). No stay if danger to public health (3) The Tribunal may not stay the operation of a reviewable decision, if to do so would endanger, or likely endanger, public health.  2002, c. 32, s. 131 (3). Removal of stay (4) The Tribunal may remove a stay of the operation of a reviewable decision, (a)  on the application of a party to the proceedings, if circumstances have arisen that were not known to the party, or not in existence, when the stay was granted; (b)  on the application of a party added to the proceedings after the stay was granted; or (c)  on the application of any party, if failure to do so would endanger, or likely endanger, public health.  2002, c. 32, s. 131 (4). Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 8, s. 72 - 10/12/2019
132 (1) A hearing by the Tribunal is a new hearing.  2002, c. 32, s. 132 (1). Same (2) The Tribunal may do any or all of the following on a hearing in relation to a reviewable decision: 1.  Confirm, vary or revoke the decision. 2.  Direct the Director to take such action as the Tribunal considers necessary for the purposes of this Act. 3.  Substitute its opinion for that of the Director.  2002, c. 32, s. 132 (2). Exceptions (3) Subsections (1) and (2) do not apply to a decision in relation to an order to pay an administrative penalty or an order to pay costs under section 122. 2019, c. 14, Sched. 8, s. 73. Order to pay an administrative penalty, powers of Tribunal (4) On a hearing in relation to an order to pay an administrative penalty, the Tribunal may, (a)  confirm or revoke the order; or (b)  subject to subsection (6), vary the order. 2019, c. 14, Sched. 8, s. 73. Order to pay an administrative penalty (5) For greater certainty, if a hearing by the Tribunal is required under this section in relation to an order to pay an administrative penalty, the regulations made under clause 121 (14) (c) governing the determination of the amounts of administrative penalties apply to the Tribunal. 2019, c. 14, Sched. 8, s. 73. Same (6) If a hearing by the Tribunal is required under this section in relation to 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. 73. Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 8, s. 73 - 10/12/2019
133 (1) This section applies to a hearing before the Tribunal in relation to a decision of the Director to make an order to pay costs under section 122.  2002, c. 32, s. 133 (1). Tribunal’s powers (2) The Tribunal may only confirm, vary or revoke the decision.  2002, c. 32, s. 133 (2). Director’s request to vary decision (3) At any time during the hearing, the Director may, on reasonable notice to all parties, request the Tribunal to vary the Director’s decision by adding new items of costs or by increasing the amounts set out in the order.  2002, c. 32, s. 133 (3). Matters to be considered (4) In making a decision in relation to the hearing, including a request under subsection (3), the Tribunal, in respect of a cost specified or to be specified in the order, may only consider, (a)  whether the cost relates to something done in connection with a notice of emergency response under section 110 or a notice of appointment of interim operating authority under section 113; and (b)  whether the cost is reasonable, having regard to the nature of that thing.  2002, c. 32, s. 133 (4).
134 (1) A party to a hearing before the Tribunal may appeal to the Divisional Court on a question of law from the decision or order of the Tribunal, in accordance with the rules of court.  2002, c. 32, s. 134 (1). Exceptions (2) This section does not apply in relation to the following hearings: 1.  A hearing in relation to an order to pay an administrative penalty. 2.  A hearing in relation to an order to pay costs under section 122.  2002, c. 32, s. 134 (2); 2019, c. 14, Sched. 8, s. 74. Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 8, s. 74 - 10/12/2019 135 Repealed: 2021, c. 4, Sched. 10, s. 7 (1). Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 8, s. 75 - 10/12/2019 2021, c. 4, Sched. 10, s. 7 (1) - 01/06/2021
136 (1) This section applies if an appeal is made to the Divisional Court from a decision of the Tribunal on a hearing under this Part.  2002, c. 32, s. 136 (1); 2021, c. 4, Sched. 10, s. 7 (2). Tribunal may order stay (2) The appeal does not stay the operation of the relevant reviewable decision, unless the Tribunal orders otherwise.  2002, c. 32, s. 136 (2). Court may grant stay (3) On application by a party to the Tribunal hearing, the Divisional Court may stay the operation of the Tribunal’s decision, except in the case of an appeal from a decision of the Tribunal of an order requiring sampling, testing, monitoring or reporting with respect to the quality or quantity of any waters.  2002, c. 32, s. 136 (3); 2021, c. 4, Sched. 10, s. 7 (3). No stay if danger to public health (4) The Divisional Court may not stay the operation of a decision of the Tribunal if to do so would endanger, or likely endanger, public health.  2002, c. 32, s. 136 (4); 2021, c. 4, Sched. 10, s. 7 (4). Removal of stay (5) On application by a party to the Tribunal hearing, a stay imposed by order of the Tribunal, or under this section, may be removed by the Divisional Court if, (a)  circumstances have arisen that were not known to the party, or not in existence, when the stay was granted; or (b)  failure to do so would endanger, or likely endanger, public health.  2002, c. 32, s. 136 (5); 2021, c. 4, Sched. 10, s. 7 (5). Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 10, s. 7 (2-5) - 01/06/2021 part xi   offences
137 No person shall hinder or obstruct any of the following persons in the performance of his or her duties under this Act: 1.  A provincial officer. 2.  An employee in or agent of the Ministry. 3.  An employee or agent of the Agency. 4.  An employee or agent of any person or entity acting under the authority of a notice issued by the Director under Part IX.  2002, c. 32, s. 137; 2006, c. 35, Sched. C, s. 119 (6). Section Amendments with date in force (d/m/y) 2006, c. 35, Sched. C, s. 119 (6) - 20/08/2007
138 (1) No person shall orally, in writing or electronically, give or submit false or misleading information in any statement or document to a provincial officer, the Minister, the Ministry, the Agency, an accreditation body, a laboratory, a person or entity acting under the authority of a notice issued by the Director under Part IX, or any employee or agent of any of them, or to any person involved in carrying out a program of the Ministry, in respect of any matter related to this Act or the regulations.  2002, c. 32, s. 138 (1). Same (2) No person shall include false or misleading information in any document required to be created, stored or submitted under this Act.  2002, c. 32, s. 138 (2).
139 No person shall refuse to furnish any provincial officer, the Minister, the Ministry, an accreditation body, a person or entity acting under the authority of a notice issued by the Director under Part IX, or any employee or agent of any of them, with information required for the purposes of this Act and the regulations.  2002, c. 32, s. 139.
140 (1) Every person is guilty of an offence who contravenes a provision of this Act that is listed in subsection (2), if the person is required under this Act to comply with the provision.  2002, c. 32, s. 140 (1). List of provisions (2) Each of the following is a provision of this Act that is listed for the purposes of subsection (1): 1.  Subsections 11 (1), (3) and (7). 2.  Subsection 12 (1). 3.  Section 13. 4.  Subsection 14 (1). 5.  Subsections 16 (1), (2) and (4). 6.  Subsections 17 (2) and (3). 7.  Section 18. 7.1  Section 18.1. 8.  Subsection 20 (1). 9.  Subsection 25 (1). 10.  Section 27. 11.  Subsection 31 (1). 12.  Section 33. 13.  Section 43. 14.  Subsections 52 (1), (2) and (3). 15.  Subsection 53 (1). 16.  Section 59. 17.  Subsection 63 (1). 18.  Section 67. 19.  Section 69. 20.  Subsection 81 (6). 21.  Subsections 82 (3), (5) and (6). 22.  Section 137. 23.  Subsections 138 (1) and (2). 24.  Section 139.  2002, c. 32, s. 140 (2); 2007, c. 10, Sched. D, s. 3 (23). Offence re regulation (3) A person who contravenes a provision of a regulation made by the Lieutenant Governor in Council is guilty of an offence.  2002, c. 32, s. 140 (3). Offence re order (4) Every person who fails to comply with an order made under this Act, other than an order under section 122 to pay costs, is guilty of an offence.  2002, c. 32, s. 140 (4). Offence re permit, licence, approval (5) Every person that contravenes a condition in an operator’s certificate, permit, licence or approval issued or granted under this Act is guilty of an offence.  2002, c. 32, s. 140 (5). Offence re fees (6) Every person who fails to pay a fee that the person is required to pay under this Act is guilty of an offence.  2002, c. 32, s. 140 (6). Officers, directors, etc. (7) Every officer, director, employee and agent of a corporation who commits an offence under this Act, for which the corporation would be liable for prosecution, is guilty of an offence and on conviction is liable to the punishment provided for the offence, whether or not the corporation has been prosecuted or convicted.  2002, c. 32, s. 140 (7). Act of officer, etc. (8) For the purposes of this Act and the regulations, an act or thing done or omitted to be done by an officer, director, employee or agent of a corporation in the course of his or her employment or in the exercise of his or her powers or the performance of his or her duties shall be deemed to be also an act or thing done or omitted to be done by the corporation.  2002, c. 32, s. 140 (8). Section Amendments with date in force (d/m/y) 2007, c. 10, Sched. D, s. 3 (23) - 01/12/2008 Amount of fine, etc.
141 (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 occur, 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 occur, 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 a fine under subclause (i) and imprisonment under subclause (ii).  2002, c. 32, s. 141 (1). 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 occur, 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 occur, to a fine of not more than $200,000.  2002, c. 32, s. 141 (2). Penalty for certain offences
142 (1) Every corporation convicted of an offence described in subsection (3) is liable, in substitution for any penalty provided in section 141, for each day or part of a day on which the offence occurs or continues to occur, to a fine of not more than $250,000 on a first conviction and not more than $500,000 on each subsequent conviction.  2002, c. 32, s. 142 (1). Individuals (2) Every individual convicted of an offence described in subsection (3) is liable, in substitution for any penalty provided in section 141, (a)  for each day or part of a day on which the offence occurs or continues to occur, to a fine of not more than $50,000 on a first conviction and not more than $100,000 on each subsequent conviction; (b)  to imprisonment for a term of not more than one year; or (c)  to both a fine under clause (a) and imprisonment under clause (b).  2002, c. 32, s. 142 (2). Offences (3) Each of the following is an offence for the purposes of subsections (1) and (2): 1.  An offence under section 137, 138 or 139 or subsection 140 (4) or (5). 2.  An offence under this Act that could have resulted in a drinking water health hazard.  2002, c. 32, s. 142 (3). Offences that result in drinking water health hazard
143 (1) Every corporation convicted of an offence described in subsection (3) is liable, in substitution for any penalty provided in section 141 or 142, for each day or part of a day on which the offence occurs or continues to occur, to a fine of not more than $6,000,000 on a first conviction and not more than $10,000,000 on each subsequent conviction.  2002, c. 32, s. 143 (1). Individuals (2) Every individual convicted of an offence described in subsection (3) is liable, in substitution for any penalty provided in section 141 or 142, (a)  for each day or part of a day on which the offence occurs or continues to occur, to a fine of not more than $4,000,000 on a first conviction and not more than $7,000,000 on each subsequent conviction; (b)  to imprisonment for a term of not more than five years less a day; or (c)  to both a fine under clause (a) and imprisonment under clause (b).  2002, c. 32, s. 143 (2). Offences (3) Each of the following is an offence for the purposes of subsections (1) and (2): 1.  A contravention of subsection 18 (1), (2), (3) or (4). 1.1  A contravention of subsection 18.1 (1), (2) or (3). 2.  An offence under this Act that results in a drinking water health hazard. 3.  A contravention of a requirement described in paragraph 1 or 2 of subsection 11 (1) that involves a failure to satisfy the requirements of a water treatment standard for a drinking water system. 4.  An offence under subsection 140 (4) or (5) that involves a failure to satisfy the requirements of a water treatment standard.  2002, c. 32, s. 143 (3); 2007, c. 10, Sched. D, s. 3 (24). Section Amendments with date in force (d/m/y) 2007, c. 10, Sched. D, s. 3 (24) - 01/12/2008
144 For the purposes of determining the penalty for which a person is liable under section 141, 142 or 143, a conviction for an offence under this Act is a subsequent conviction if the person has been previously convicted of an offence under, (a)  this Act; (b)  the Environmental Protection Act, other than for an offence related to Part IX of that Act; (c)  the Nutrient Management Act, 2002; (d)  the Ontario Water Resources Act; (e)  the Pesticides Act; or (f)  the Toxics Reduction Act, 2009.  2002, c. 32, s. 144; 2009, c. 19, s. 72 (13). Section Amendments with date in force (d/m/y) 2009, c. 19, s. 72 (13)
- 01/01/2010
145 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 on 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.  2002, c. 32, s. 145.
146 (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, including, but not limited to, providing an alternative drinking water supply, as the court directs within the time specified in the order, to prevent or eliminate any drinking water health hazard or public health risk that results from, could result from or is in any way connected to the commission of the offence; and (b)  to comply with any order made under this Act and directed to the person in relation to the health hazard or public health risk described in clause (a).  2002, c. 32, s. 146 (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, to reduce the risk of a drinking water health hazard or public health risk or to rehabilitate the natural environment.  2002, c. 32, s. 146 (2). 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 a 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. 133. Conflict (4) Nothing in subsection (1) authorizes the making of an order that conflicts with an order previously made by a Director or the Minister under this Act, but an order made under subsection (1) may supplement the provisions of another order.  2002, c. 32, s. 146 (4). Continuation in force (5) If 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.  2002, c. 32, s. 146 (5). Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. C, s. 133 - 01/05/2007
147 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 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.  2002, c. 32, s. 147.
148 (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 to provide an alternative drinking water supply, if the need for the alternative supply 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.  2002, c. 32, s. 148 (1). No restitution to person who committed offence (2) The court shall not make an order for restitution in favour of any person, on account of any matter 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 under this Act, unless the order has been revoked. 2002, c. 32, s. 148 (2); 2019, c. 14, Sched. 8, s. 76. Notice of order (3) If 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.  2002, c. 32, s. 148 (3). Filing of order in court (4) 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.  2002, c. 32, s. 148 (4). Enforcement of order (5) An order for restitution filed under subsection (4) may be enforced as if it were an order of the court.  2002, c. 32, s. 148 (5). Same (6) Section 129 of the Courts of Justice Act applies in respect of an order for restitution filed under subsection (4) and, for that purpose, the date of filing shall be deemed to be the date of the order.  2002, c. 32, s. 148 (6). Civil remedy (7) No civil remedy for an act or omission is affected by reason only that an order for restitution under this section has been made in respect of that act or omission.  2002, c. 32, s. 148 (7). Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 8, s. 76 - 10/12/2019
150 (1) If 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 91, 92 or 149 shall not be returned until the fine has been paid; or (b)  a justice may order that the thing referred to in clause (a) be forfeited to the Crown, if payment of the fine is in default within the meaning of section 69 of the Provincial Offences Act.  2002, c. 32, s. 150 (1). Application of s. 149 (2) to (6) (2) Subsections 149 (2) to (6) apply with necessary modifications in relation to an order under clause (1) (b).  2002, c. 32, s. 150 (2).
151 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.  2002, c. 32, s. 151.
152 (1) If a person is in default of payment of a fine imposed upon conviction for an offence under this Act, on the application of the Director, an order may be made under subsection 69 (2) of the Provincial Offences Act directing that, until the fine is paid, (a)  one or more of the person’s permits, licences or approvals under this Act be suspended; and (b)  no permit, licence or approval be issued to the person under this Act.  2002, c. 32, s. 152 (1). Duty of Director (2) The Director shall, (a)  on being informed of an outstanding order referred to in subsection (1), suspend the person’s permits, licences and approvals, if they are not already suspended under another order referred to in subsection (1); and (b)  on being informed that the fine and any fee for reinstatement are paid, reinstate the permits, licences and approvals unless the Director has been informed that, (i)  there is another outstanding order referred to in subsection (1) directing that they be suspended, or (ii)  any of them are suspended under another order or under another Act or regulation, or otherwise under this Act.  2002, c. 32, s. 152 (2).
153 Proceedings for an offence under this Act 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 a Director.  2002, c. 32, s. 153. Service of offence notice, etc., offences re vehicles
154 (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”)  2002, c. 32, s. 154 (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.  2002, c. 32, s. 154 (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.  2002, c. 32, s. 154 (3). Exception (4) 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.  2002, c. 32, s. 154 (4). Permit holder deemed owner (5) 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.  2002, c. 32, s. 154 (5). Non-application of subs. (5) (6) Subsection (5) 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.  2002, c. 32, s. 154 (6). Service of offence notice or summons
155 (1) Service of an offence notice or summons on a municipality may be effected by delivering the offence notice or summons personally to the mayor, warden, reeve or other chief officer of the municipality or to the clerk of the municipality.  2002, c. 32, s. 155 (1). Service on other corporations (2) Service of an offence notice or summons on a corporation other than a municipality may be effected by delivering the offence notice or summons 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.  2002, c. 32, s. 155 (2). Service on partnership (3) Service of an offence notice or summons on a partnership may be effected by delivering the offence notice or summons personally to a partner or to a person apparently in charge of an office of the partnership.  2002, c. 32, s. 155 (3). 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.  2002, c. 32, s. 155 (4). 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 municipality, other corporation, partnership or sole proprietorship.  2002, c. 32, s. 155 (5). Part Xii   miscellaneous
156 (1) A document, other than an offence notice or summons, that is to be given or served under this Act is sufficiently given or served if it is, (a)  delivered personally; (b)  sent by mail addressed to the person to whom delivery or service is required to be made at the latest address for the person appearing on the records of the Ministry; (c)  sent by facsimile transmission to the last fax number appearing on the records of the Ministry for the person to whom delivery or service is required to be made; or (d)  given or served in accordance with the regulations respecting service.  2002, c. 32, s. 156 (1). Service deemed made (2) If 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.  2002, c. 32, s. 156 (2). Same (3) If service is made by fax, the service shall be deemed to be made on the day after the day the fax is sent, 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 faxed document until a later date.  2002, c. 32, s. 156 (3).
157 (1) The Minister may by order, (a)  establish fees that are payable under this Act in respect of applications for permits, licences, approvals, certificates, amendments and renewals of any of them and other administrative matters; and (b)  establish rules governing the refund of all or part of a fee paid under this Act.  2002, c. 32, s. 157 (1). Payable to specified person (2) An order may specify the person to whom the fees are payable, and may provide for the retention of all or part of the fees by the person.  2002, c. 32, s. 157 (2). Legislation Act, 2006, Part III (3) An order made under this section is not a regulation for the purposes of Part III (Regulations) of the Legislation Act, 2006.  2002, c. 32, s. 157 (3); 2006, c. 21, Sched. F, s. 136 (1). Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. F, s. 136 (1) - 25/07/2007
158 (1) Except in the case of an application for judicial review, or an action or proceeding that is specifically provided for with respect to a person referred to in this subsection, in any Act or in a regulation under this or any other Act, no action or other proceeding for damages or otherwise shall be instituted in respect of any act done in good faith in the execution or intended execution of any duty or authority under this Act, or for any alleged neglect or default in the execution in good faith of a duty or authority under this Act, against any of the following: 1.  Repealed:  2009, c. 33, Sched. 2, s. 67 (1). 2.  An employee in the Ministry or of the Agency. 3.  A public servant employed under Part III of the Public Service of Ontario Act, 2006 acting under the direction of a person referred to in paragraph 2. 4.  The Advisory Council on Drinking Water Quality and Testing Standards and any employee of the Council.  2002, c. 32, s. 158 (1); 2006, c. 35, Sched. C, s. 119 (7); 2009, c. 33, Sched. 2, s. 67. Crown not relieved of liability (2) Subsection (1) does not, by reason of subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (1) to which it would otherwise be subject, and the Crown is liable under that Act for any such tort in a like manner as if subsection (1) had not been enacted.  2002, c. 32, s. 158 (2); 2019, c. 7, Sched. 17, s. 157. Section Amendments with date in force (d/m/y) 2006, c. 35, Sched. C, s. 119 (7) - 20/08/2007 2009, c. 33, Sched. 2, s. 67 (1, 2) - 15/12/2009 2019, c. 7, Sched. 17, s. 157 - 01/07/2019
159 (1) An official document, other than an official document mentioned in clause (c) or (d) of the definition of “official document” in subsection (3), that purports to be signed by the Minister, a Director, an employee in the Ministry or an auditor under this Act 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.  2002, c. 32, s. 159 (1); 2006, c. 35, Sched. C, s. 119 (8). Same (2) An official document mentioned in clause (c), (d) or (e) of the definition of “official document” in subsection (3) 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.  2002, c. 32, s. 159 (2). Definitions (3) In this section, “analyst” means an analyst appointed under the Environmental Protection Act; (“analyste”) “official document” means, (a)  a certificate, permit, licence, approval, notice or order under this Act, (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 notice was received or issued by the Minister or the Ministry under this Act. (“document officiel”)  2002, c. 32, s. 159 (3). Section Amendments with date in force (d/m/y) 2006, c. 35, Sched. C, s. 119 (8) - 20/08/2007
160 (1) Despite any requirement under this Act, for the purposes of anything done under this Act, a document may be prepared and signed by electronic means in an electronic format and may be filed by direct electronic transmission, if the preparation, signature and filing are in accordance with the Electronic Commerce Act, 2000.  2002, c. 32, s. 160 (1). Deemed filing (2) A printed copy of a document filed under subsection (1) shall be deemed to have been filed as the original document if it is printed in accordance with the regulations.  2002, c. 32, s. 160 (2).
161 (1) If a permit, licence or approval is issued or granted to more than one person under this Act, those persons are jointly and severally liable to comply with all conditions in the permit, licence or approval.  2002, c. 32, s. 161 (1). Same (2) If an order is issued to more than one person under this Act, those persons are jointly and severally liable to comply with all requirements of the order.  2002, c. 32, s. 161 (2). Orders and instruments, consequential authority
162 (1) The authority to make an order or notice under this Act includes the authority to require the person or entity to whom the order or notice is issued to take any intermediate actions or procedural steps, specified in the order or notice, that are related to the action required or prohibited by the order or notice.  2002, c. 32, s. 162 (1). Orders, authority to order access (2) A person who has authority under this Act to order that a thing be done on or in any place also has authority to order any person who owns, occupies or has the charge, management or control of the place to permit access to the place for the purpose of doing the thing.  2002, c. 32, s. 162 (2). Authority to amend or revoke included (3) For greater certainty, where a section in this Act gives a person the power to issue a directive, direction, order or notice and the section does not expressly provide the authority to amend or revoke the directive, direction, order or notice, the section shall be interpreted as including the authority to do so.  2002, c. 32, s. 162 (3).
163 A Director may amend or revoke a permit, licence, approval, order or notice issued under this Act if, (a)  it is desirable for administrative reasons to, (i)  reflect changes that have occurred with respect to the identity or description of a person or place, or (ii)  eliminate provisions that are spent or obsolete; and (b)  the Director is satisfied that it is in the public interest to do so.  2002, c. 32, s. 163.
164 This Act binds the Crown.  2002, c. 32, s. 164.
165 (1) A permit, licence, approval or order under this Act is binding on the executor, administrator, administrator with the will annexed, guardian of property or attorney for property of the person to whom it is directed, and any other successor or assignee of the person to whom it is directed.  2002, c. 32, s. 165 (1). Extent of liability (2) If, pursuant to subsection (1), an order is binding on an executor, administrator, administrator with will annexed, guardian of property or attorney for property, their obligations to incur costs to comply with the order is limited to the value of assets they hold or administer, less their reasonable costs of holding or administering the assets.  2002, c. 32, s. 165 (2). Binding on receiver, etc. (3) A permit, licence, approval or order under this Act that relates to a drinking water system or a laboratory is binding on a receiver or trustee that holds or administers the system or laboratory.  2002, c. 32, s. 165 (3). Same (4) If, pursuant to subsection (3), an order is binding on a trustee, other than a trustee in bankruptcy, the trustee’s obligation to incur costs to comply with the order is limited to the value of the assets held or administered by the trustee, less the trustee’s reasonable costs of holding or administering the assets.  2002, c. 32, s. 165 (4).
166 (1) The provisions of this Act and the regulations prevail over the provisions of any other Act and any regulation made under any other Act, irrespective of when the other Act is enacted or the regulation is made under the other Act.  2002, c. 32, s. 166 (1). Exception (2) Subsection (1) does not apply if the other Act referred to in subsection (1) expressly states that a provision of that Act or of a regulation made under it prevails over the provisions of this Act.  2002, c. 32, s. 166 (2). Regulations, Lieutenant Governor in Council
169 (1) The Minister may make regulations to come into force on or after the fifth anniversary of the day Part VI comes into force, 1.  requiring non-municipal drinking water systems or a class of non-municipal drinking water systems to be managed by accredited operating authorities; 2.  requiring operational plans for non-municipal drinking water systems or a class of non-municipal drinking water systems and prescribing a date on or before which the Director must issue directions under section 15 in relation to the plans.  2002, c. 32, s. 169 (1). Same (2) If the Minister makes a regulation under paragraph 1 of subsection (1), the Minister may make regulations, 1.  requiring the accreditation body for operating authorities to administer programs for the accreditation of operating authorities for non-municipal drinking water systems; 2.  prescribing provisions of Part IV that apply and governing their application.  2002, c. 32, s. 169 (2).
170 (1) A regulation may be general or particular in its application, may be limited as to time or place or both and may exclude any person or place from the application of the regulation.  2002, c. 32, s. 170 (1). Classes (2) A regulation may apply in respect of any class of activity, matter, person or thing.  2002, c. 32, s. 170 (2). Same (3) A class under this Act or the regulations may be defined with respect to any attribute, quality or characteristic or combination thereof, and may be defined to consist of or to include or exclude any specified member, whether or not with the same attributes, qualities or characteristics.  2002, c. 32, s. 170 (3). Adoption of codes in regulations (4) 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.  2002, c. 32, s. 170 (4). Amendments to codes (5) The power to adopt by reference and require compliance with a document in subsection (4) includes the power to adopt such a document as it may be amended from time to time.  2002, c. 32, s. 170 (5). When effective (6) 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.  2002, c. 32, s. 170 (6). Retroactivity (7) If a regulation provides that a provision of the regulation shall be deemed to have come into force on a day before the regulation is filed, the provision shall be deemed to have come into force on that day.  2002, c. 32, s. 170 (7). 171 Omitted (amends or repeals other Acts).  2002, c. 32, s. 171. 172 Omitted (provides for coming into force of provisions of this Act).  2002, c. 32, s. 172. 173 Omitted (enacts short title of this Act).  2002, c. 32, s. 173. ______________  Français