jswizzle3737/ontario_laws_and_regs huggingface dataset:
84 A person shall not exercise a power conferred by this Act to enter a room actually used as a dwelling without the consent of the occupier except under the authority of an order issued under section 89.  2002, c. 32, s. 84.
85 On request, a provincial officer who exercises a power under this Act shall identify himself or herself as a provincial officer, either by the production of a copy of his or her designation or in some other manner, and shall explain the purpose of the exercise of the power.  2002, c. 32, s. 85.
87 (1) If a justice is satisfied, on evidence under oath by a provincial officer, that there is reasonable ground for believing that it is appropriate for the administration of this Act or the regulations or necessary to protect human health or safety or to protect property, the justice may issue an order prohibiting entry into all or part of any place or prohibiting the use of, interference with, disruption of or destruction of any thing.  2002, c. 32, s. 87 (1). Same (2) The prohibition under the justice’s order shall, subject to subsection (3), be for the period of time set out in the order.  2002, c. 32, s. 87 (2). 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 day on which the order is made.  2002, c. 32, s. 87 (3). Renewal (4) An order under this section may be renewed for any reason set out in subsection (1), before or after expiry, for one or more periods of not more than 30 days each.  2002, c. 32, s. 87 (4). Notice of application (5) An initial order under subsection (1) may be issued on application without notice.  2002, c. 32, s. 87 (5). Same (6) A renewal order under subsection (4) may be issued on application made with such notice, if any, as may be specified under subsection (7).  2002, c. 32, s. 87 (6). Same (7) In an order under subsection (1) or (4), a justice may specify notice requirements that must be met by a person applying for a renewal of the order or for a further renewal of the order, as the case may be.  2002, c. 32, s. 87 (7). Notice of order (8) A provincial officer may give notice of an order under subsection (1) or (4) in the manner that he or she considers appropriate in the circumstances.  2002, c. 32, s. 87 (8). Order not effective without notice (9) An order under subsection (1) or (4) is not effective in any court proceeding against a person if the person satisfies the court that the person neither knew nor should have known of the order.  2002, c. 32, s. 87 (9).
88 If an order under section 86 or 87 is in effect, a provincial officer may take measures to secure the land, place or thing to which the order relates by means of locks, gates, fences, security guards or such other means as the provincial officer deems necessary to prevent entry into the place or to prevent the use of, interference with, disruption of or destruction of the thing.  2002, c. 32, s. 88.
89 (1) A justice may issue an order authorizing a provincial officer to do anything set out in section 81 or 82 if the justice is satisfied, on evidence under oath by a provincial officer, that there are reasonable grounds to believe that it is appropriate for the administration of this Act or the regulations for the provincial officer to do it and that the provincial officer may not be able to effectively carry out his or her duties without an order under this section because, (a)  no occupier is present to grant access to a place that is locked or otherwise inaccessible; (b)  a person has prevented the provincial officer from doing anything set out in section 81 or 82; (c)  there is reasonable ground to believe that a person may prevent a provincial officer from doing anything set out in section 81 or 82; (d)  it is impractical, because of the remoteness of the place to be inspected or because of any other reason, for the provincial officer to obtain an order under this section without delay if access is denied; or (e)  there is reasonable ground to believe that an attempt by the provincial officer to do anything set out in section 81or 82 without the order, (i)  might not achieve its purpose, or (ii)  might endanger human health or safety or might damage property.  2002, c. 32, s. 89 (1). Same (2) Subsections 81 (3), (4) and (5) apply to an inspection under an order under this section.  2002, c. 32, s. 89 (2). Expiry (3) Unless renewed, an order under this section expires on the earlier of the expiry date specified in the order and the day that is 30 days after the date on which the order is made.  2002, c. 32, s. 89 (3); 2009, c. 33, Sched. 15, s. 10 (3). 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.  2002, c. 32, s. 89 (4). When to be executed (5) An order under this section shall be carried out between 6 a.m. and 9 p.m., unless the order otherwise authorizes.  2002, c. 32, s. 89 (5). Application without notice (6) An order under this section may be issued or renewed on application without notice.  2002, c. 32, s. 89 (6). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 15, s. 10 (3) - 15/12/2009
90 A provincial officer may retain samples and copies obtained in an inspection under section 81, 82 or 89 for any period and for any purposes of this Act or the regulations.  2002, c. 32, s. 90.
91 During an inspection under section 81, 82 or 89, a provincial officer may, without a warrant or court order, seize any thing that is produced to the provincial officer or that is in plain view, if, (a)  the provincial officer reasonably believes that the thing will afford evidence of an offence under this Act; (b)  the provincial officer reasonably believes that the thing was used or is being used in connection with the commission of an offence under this Act and that the seizure is necessary to prevent the continuation or repetition of the offence; or (c)  the provincial officer reasonably believes that a drinking water health hazard may result from the thing.  2002, c. 32, s. 91. Search without warrant
92 (1) In this section, “offence” means an offence under this Act for which a person may be prosecuted under Part XI.  2002, c. 32, s. 92 (1). Search by provincial officer (2) A provincial officer may, without a search warrant, search any place other than a room actually used as a dwelling if the provincial officer has reasonable ground to believe, (a)  that an offence has been committed; (b)  that there is in the place any thing that will afford evidence as to the commission of the offence; and (c)  that there are exigent circumstances that make it impractical to obtain a search warrant.  2002, c. 32, s. 92 (2). Seizure during search (3) During a search under subsection (2), a provincial officer may, without warrant or court order, seize any thing if, (a)  the provincial officer reasonably believes that the thing will afford evidence of an offence; or (b)  the provincial officer reasonably believes that the thing was used or is being used in connection with the commission of an offence and that the seizure is necessary to prevent the continuation or repetition of the offence.  2002, c. 32, s. 92 (3).
93 (1) A provincial officer who seizes any thing under 91 or 92 may remove the thing or retain it in the place where it is seized.  2002, c. 32, s. 93 (1). Receipt (2) Where possible, a provincial officer shall inform the person from whom a thing is seized under section 91 or 92 as to the reason for the seizure and shall give the person a receipt for the thing seized.  2002, c. 32, s. 93 (2).
94 (1) A provincial officer who seizes any thing during an inspection or search under section 91 or 92 shall bring the thing seized before a justice or, if that is not reasonably possible, shall report the seizure to a justice.  2002, c. 32, s. 94 (1). Procedure (2) Sections 159 and 160 of the Provincial Offences Act apply with necessary modifications in respect of a thing seized by a provincial officer during an inspection or search under section 91 or 92.  2002, c. 32, s. 94 (2).
95 (1) If the Director believes that given the nature of a thing seized under section 91 or 92 the thing may pose a risk to human health or safety or to property, the Director may direct the person having custody of the thing to dispose of the thing in a manner satisfactory to the Director.  2002, c. 32, s. 95 (1). Non-application of provision (2) Section 94 does not apply to a thing disposed of in accordance with this section.  2002, c. 32, s. 95 (2). Forfeiture (3) A thing disposed of in accordance with this section is forfeited to the Crown.  2002, c. 32, s. 95 (3).
96 (1) If a thing has been disposed of in accordance with section 95, the Director shall ensure that a provincial officer gives written notice of the seizure and disposal within 15 days of the disposal, (a)  to every person whom the provincial officer knows or has reason to believe is an owner of the thing seized; and (b)  to every person who has a security interest in the thing that is perfected by registration under the Personal Property Security Act against the name of any person whom the provincial officer knows or has reason to believe is the owner.  2002, c. 32, s. 96 (1). Contents of notice (2) A notice under subsection (1) shall include, (a)  a description of the thing seized sufficient to enable it to be identified; (b)  the location at which the thing was seized; (c)  the date of the seizure and disposal; (d)  the name and telephone number of the provincial officer who seized the thing or of his or her delegate; (e)  a statement of the reason for the seizure and disposal; (f)  a reference to the statutory provision authorizing the seizure and disposal; and (g)  a reference to the statutory provision permitting the person to apply to the Superior Court of Justice for relief against the forfeiture.  2002, c. 32, s. 96 (2).
97 (1) On the application of the Director, the Superior Court of Justice may order that a thing seized under section 91 or 92 or under a warrant issued under the Provincial Offences Act in connection with the commission or suspected commission of an offence under this Act be forfeited to the Crown.  2002, c. 32, s. 97 (1). Where no order to be made (2) No order shall be made under subsection (1) unless the court is satisfied that, (a)  the seizure was lawful; and (b)  no later than seven days before the hearing of the application, written notice was provided by a provincial officer to every person described in clauses 96 (1) (a) and (b) and, if the thing seized is a vehicle, to, (i)  every person who has a security interest in the vehicle that is perfected by registration under the Personal Property Security Act against the vehicle identification number of the vehicle, and (ii)  every person who is registered as the owner of the vehicle under the Highway Traffic Act.  2002, c. 32, s. 97 (2). Contents of notice (3) Notice under subsection (2) shall include, (a)  a description of the thing seized sufficient to enable it to be identified; (b)  the location at which the thing was seized; (c)  the date of the seizure; (d)  the name and telephone number of the provincial officer who seized the thing or of his or her delegate; (e)  a statement of the reason for the seizure; (f)  a reference to the statutory provision authorizing the seizure; (g)  a statement that an order for forfeiture of the thing is being sought under this section; and (h)  a statement that the person to whom the notice is provided may make submissions to the Superior Court of Justice with respect to the issuance of an order under this section.  2002, c. 32, s. 97 (3). Disposition of things forfeited (4) A thing forfeited under this section may be disposed of as the Director directs.  2002, c. 32, s. 97 (4).
98 (1) A person who had an interest in a thing forfeited under section 95 or 97 may apply to the Superior Court of Justice for relief against the forfeiture and the court may make an order providing for any relief that it considers appropriate, including, but not limited to, one or more of the following orders: 1.  An order directing that the thing or any part of the thing be returned to the applicant. 2.  An order directing that any interest in the thing be vested in the applicant. 3.  An order directing that an amount be paid by the Crown to the applicant by way of compensation for the forfeiture.  2002, c. 32, s. 98 (1). When relief not to be ordered (2) The court shall not make an order for relief under subsection (1) in respect of a thing forfeited where the person applying for the relief, (a)  has been served with an order requiring the person to pay an administrative penalty in connection with a matter that was associated with the seizure of the thing, unless the order has been revoked; or (b)  has been charged with an offence that was associated with the seizure of the thing, unless the charge has been withdrawn or dismissed.  2002, c. 32, s. 98 (2); 2019, c. 14, Sched. 8, s. 65. Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 8, s. 65 - 10/12/2019
99 (1) A provincial officer may use such force as is reasonably necessary, (a)  to carry out an order issued under this Act, other than an order issued by a provincial officer; (b)  to execute a warrant issued under the Provincial Offences Act; or (c)  to prevent the destruction of any thing that the provincial officer reasonably believes may afford evidence of an offence under this Act.  2002, c. 32, s. 99 (1). Same (2) For the purposes of clause (1) (a), an order issued by the Director that confirms or amends an order issued by a provincial officer is not an order issued by a provincial officer.  2002, c. 32, s. 99 (2). Use of investigative device
100 (1) In this section, “device” means a substance or tracking device that, when placed or installed in or on any place, land or thing, may be used to help ascertain, by electronic or other means, the origin, identity or location of any thing.  2002, c. 32, s. 100 (1). Order may be issued (2) On application without notice, a justice may issue an order in writing authorizing a provincial officer, subject to this section, to use any device, investigative technique or procedure or to do anything described in the order if the justice is satisfied by evidence under oath that there are reasonable grounds to believe that an offence under this Act has been or will be committed and that information concerning the offence will be obtained through the use of the device, technique or procedure or the doing of the thing.  2002, c. 32, s. 100 (2). Expert help (3) An order under subsection (2) may authorize persons who have special, expert or professional knowledge to accompany and assist the provincial officer in the execution of the order.  2002, c. 32, s. 100 (3). Limitation (4) An order under this section shall not authorize the interception of any private communication.  2002, c. 32, s. 100 (4). Same (5) No device, technique or procedure shall be used to intercept any private communication under an order issued under this section.  2002, c. 32, s. 100 (5). Provisions of order (6) An order issued under this section shall contain such provisions as the justice considers advisable in the circumstances.  2002, c. 32, s. 100 (6). Activities under order (7) An order issued under this section may authorize a provincial officer, (a)  to place, install, maintain or remove a device in or on any land, place or thing; and (b)  to monitor, or to have monitored, a device or information from the device placed or installed in or on any land, place or thing.  2002, c. 32, s. 100 (7). Duration of order (8) An order issued under this section is valid for a period of 60 days or for such shorter period as may be specified in the order.  2002, c. 32, s. 100 (8). Further orders (9) A justice may issue further orders under subsection (2).  2002, c. 32, s. 100 (9).
101 A provincial officer who makes or causes the making of an excavation in the course of his or her duties under this Act shall restore the property, so far as is reasonably possible, to the condition it was in before the excavation was made.  2002, c. 32, s. 101.
102 Whenever a provincial officer is required or empowered by this Act to do or direct the doing of anything, the provincial officer may take such steps and employ such assistance as is necessary to accomplish what is required, and may, when obstructed in doing so, 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 assistance.  2002, c. 32, s. 102. Note: On a day to be named by proclamation of the Lieutenant Governor, section 102 of the Act is repealed and the following substituted: (See: 2019, c. 1, Sched. 4, s. 55) Calling for assistance of member of police service 102 Whenever a provincial officer is required or empowered by this Act to do or direct the doing of anything, the provincial officer may take such steps and employ such assistance as is necessary to accomplish what is required, and may, when obstructed in doing so, 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. 55. Section Amendments with date in force (d/m/y) 2018, c. 3, Sched. 5, s. 57 - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 55 - not in force
103 If a provincial officer finds on an inspection or search under this Part that there is a prescribed deficiency, the Director shall direct a provincial officer to carry out a new inspection under this Part no later than 365 days after the last day of the inspection in which the deficiency was found.  2002, c. 32, s. 103. part Ix   compliance and enforcement Interpretation
104 (1) For the purposes of this Part, a drinking water system or part of a drinking water system shall be deemed to be abandoned if, (a)  the owner of the system or part of the system cannot be ascertained; or (b)  the system or part of the system has escheated to the Crown.  2002, c. 32, s. 104 (1). Alternative supply (2) For the purposes of this Part, a requirement to provide users of a drinking water system with an alternative supply of drinking water shall be deemed, at a minimum, to be a requirement to provide the users with access to a supply of drinking water for daily human consumption and food preparation purposes.  2002, c. 32, s. 104 (2).
104.1 (1) For the purposes of determining compliance of a person with this Act or the regulations, a provincial officer may, at any reasonable time and with any reasonable assistance, require the person, or any person employed by or providing services to the person, to respond to reasonable inquiries. 2017, c. 2, Sched. 11, s. 6 (5). Same (2) For the purposes of subsection (1), a provincial officer may make inquiries by telephone or by any other means of communication. 2017, c. 2, Sched. 11, s. 6 (5). Production of document (3) In requiring a person to respond to an inquiry under subsection (1), a provincial officer 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. 2017, c. 2, Sched. 11, s. 6 (5). Records in electronic form (4) If a record is retained in electronic form, a provincial officer may require that a copy of it be provided to him or her on paper or electronically, or both. 2017, c. 2, Sched. 11, s. 6 (5). Section Amendments with date in force (d/m/y) 2017, c. 2, Sched. 11, s. 6 (5) - 22/03/2017
105 (1) A provincial officer may issue an order to any person that the provincial officer reasonably believes is contravening or has contravened, (a)  a provision of this Act or the regulations; (b)  a provision of an order made under this Act other than an order requiring the person to pay an administrative penalty; or (c)  a condition in a certificate, permit, licence or approval issued or granted under this Act.  2002, c. 32, s. 105 (1); 2019, c. 14, Sched. 8, s. 66. Information to be included in order (2) The order shall, (a)  specify the provision or condition that the provincial officer 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 107.  2002, c. 32, s. 105 (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)  achieving compliance with the provision or condition; (b)  preventing the continuation or repetition of the contravention; (c)  the securing, whether through locks, gates, fences, security guards or other means, of any land, place or thing; (d)  the repair, maintenance or operation of a drinking water system, water testing equipment or a laboratory in such manner and with such equipment as may be specified in the order; (e)  the requirement to treat water in a drinking water system, including, with respect to a regulated non-municipal drinking water system, the requirement to treat water in plumbing; (f)  sampling, testing, monitoring and reporting with respect to the quality or quantity of any waters; (g)  providing an alternative supply of drinking water if the continued operation of the drinking water system will result in a drinking water health hazard; (h)  submitting a plan for achieving compliance with the provision or condition, including the engagement of contractors or consultants satisfactory to a provincial officer; (i)  the requirement to retain an accredited operating authority by the date specified in the order and no later than three months from the date the order is issued, if the order relates to a failure to have an accredited operating authority in charge of a drinking water system as required under this Act; (j)  submitting an application for a certificate, permit, licence or approval under this Act or for an amendment to a certificate, permit, licence or approval; or (k)  posting notice of the order.  2002, c. 32, s. 105 (3). Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 8, s. 66 - 10/12/2019
106 (1) If the provincial officer considers it necessary for the purposes of this Act, the provincial officer may issue an order to any person who owns, manages or has control of, (a)  a municipal drinking water system; or (b)  a regulated non-municipal drinking water system.  2002, c. 32, s. 106 (1). Information to be included in order (2) The order shall, (a)  briefly describe the reasons for the order and the circumstances on which the reasons are based; and (b)  state that a review of the order may be requested in accordance with section 107.  2002, c. 32, s. 106 (2). What the order may require (3) The order may require the person to whom it is directed to comply with any directions under subsection (4), within the time specified.  2002, c. 32, s. 106 (3). Same (4) The following directions may be specified in the order: 1.  A direction to secure, whether through locks, gates, fences, security guards or other means, any land, place or thing. 2.  A direction to operate, maintain and repair a drinking water system in such manner and with such equipment as may be specified in the order. 3.  A direction to sample, test, monitor and report with respect to the quality or quantity of any waters. 4.  A direction to disconnect or repair any thing connected to the drinking water system or plumbing, if the provincial officer reasonably believes that the thing poses a drinking water health hazard. 5.  A direction to engage contractors or consultants satisfactory to the provincial officer for the purposes of preparing a plan or carrying out any work required by the order. 6.  A direction to provide such information relating to a non-municipal drinking water system or conduct such tests on the system as the provincial officer may require in order to ascertain whether the system is a member of a prescribed class of regulated non-municipal drinking water systems or is a regulated non-municipal drinking water system for the purposes of any provision of this Act or the regulations. 7.  A direction to post a notice of the order.  2002, c. 32, s. 106 (4).
107 (1) A person to whom an order under section 105 or 106 is directed may, within seven days after being served with a copy of the order, request that the Director review the order.  2002, c. 32, s. 107 (1). Manner of making request (2) The request may be made orally, with written confirmation served on the Director within the time specified in subsection (1), or in writing.  2002, c. 32, s. 107 (2). Contents of request for review (3) A written request for review under subsection (1) or a written confirmation of an oral request under subsection (2) shall include, (a)  the portions of the order in respect of which the review is requested; (b)  any submissions that the applicant for the review wishes the Director to consider; and (c)  for the purpose of subsection (7), an address that may be used for service in accordance with the requirements under this Act.  2002, c. 32, s. 107 (3). No automatic stay (4) The request for review does not stay the order, unless the Director orders otherwise in writing.  2002, c. 32, s. 107 (4). Decision of Director (5) A Director who receives a request for review may, (a)  revoke the order of the provincial officer; or (b)  by order directed to the person requesting the review, confirm or amend the order of the provincial officer.  2002, c. 32, s. 107 (5). Same (6) For the purposes of subsection (5), the Director may substitute his or her own opinion for that of the provincial officer.  2002, c. 32, s. 107 (6). Notice of decision (7) The Director shall serve the person requesting the review with a copy of, (a)  a decision to revoke the order of the provincial officer; or (b)  an order to confirm or amend the order of the provincial officer, together with reasons.  2002, c. 32, s. 107 (7). Automatic confirmation of order (8) If, within seven days of receiving a written request for review or a written confirmation of an oral request for review, the Director does not make a decision under subsection (5) or does not give oral or written notice of the decision to the person requesting the review, the order in respect of which the review is sought shall be deemed to have been confirmed by order of the Director.  2002, c. 32, s. 107 (8). Same (9) For the purpose of an appeal to the Tribunal, a confirming order deemed to be made under subsection (8), (a)  shall be deemed to be issued to each person to whom the order of the provincial officer was directed; and (b)  shall be deemed to be served, on each person to whom the order of the provincial officer was directed, at the expiry of the time period referred to in subsection (8).  2002, c. 32, s. 107 (9). Extension of time to retain accredited operating authority (10) If a provincial officer issued an order under section 105 that requires a person to retain an accredited operating authority by a date specified in the order, the Director may, under subsection (5) or by a further order that amends the Director’s order under subsection (5) or (8), extend the date specified in the provincial officer’s order to a date that is not later than 180 days after the date the provincial officer’s order was issued.  2002, c. 32, s. 107 (10).
108 (1) If the Minister is of the opinion that an imminent drinking water health hazard exists in respect of one or more municipal drinking water systems or one or more regulated non-municipal drinking water systems or that the failure of one or more laboratories to do a thing in respect of a drinking water test endangers or is likely to endanger public health in one or more areas of the Province, the Minister may by written order exercise one or more of the following powers under this Act to eliminate or ameliorate the circumstances giving rise to the order: 1.  If the circumstances giving rise to the order relate to the failure of a laboratory to do one or more things in respect of a drinking water test, the Minister may include one or more of the following things in the order: i.  A directive to one or more holders of drinking water testing licences under Part VII that a drinking water test or class of tests is to be conducted under the licence in accordance with a method specified in the directive. ii.  The suspension of one or more licences issued under Part VII for a period that does not exceed 90 days, unless the Minister reinstates the licence earlier. 2.  If the circumstances giving rise to the order relate to the condition of one or more drinking water systems or the condition of their waters, including any thing that may be present in the waters, the Minister may, i.  issue any order under section 109 that the Director could issue, and ii.  direct the Director to issue a notice of emergency response under section 110 and to make such arrangements with the Agency or person as the Minister directs.  2002, c. 32, s. 108 (1). Deemed direction (2) A directive described in subparagraph 1 i of subsection (1) shall be deemed to be a direction given under section 76.  2002, c. 32, s. 108 (2). Notice of order (3) Each of the following persons shall be provided with a copy of an order issued by the Minister under this section immediately after the order is issued: 1.  The person to whom the order is issued. 2.  The owner of any drinking water system that is the subject of the order or, if an operating authority is in charge of the system, the operating authority. 3.  The local municipality in which any drinking water system that is the subject of the order is located. 4.  The Director who issued the licence or approval to the drinking water testing service or drinking water system that is the subject of the order. 5.  The Chief Medical Officer of Health.  2002, c. 32, s. 108 (3). Minister’s order prevails (4) An order issued by the Minister under this section prevails over any order issued by the Director or a provincial officer under this Part or any direction issued by the Director under section 76.  2002, c. 32, s. 108 (4).
109 (1) If the Director is of the opinion that an imminent drinking water health hazard exists in respect of a municipal drinking water system or a regulated non-municipal drinking water system, the Director may issue an order to the owner or the operating authority for the system, requiring the owner or operating authority, in accordance with the directions specified in the order, to do one or more of the following:  1.  Immediately cease or restrict the operation of the system. 2.  Provide the users of the system with an alternative supply of drinking water. 3.  Notify the users of the system of the order. 4.  Operate, maintain and repair the system in such manner and with such equipment as the Director directs in the order. 5.  Sample, test, monitor and report with respect to the quality or quantity of any waters. 6.  Assess and report with respect to the condition of any specified part of the drinking water system. 7.  Secure, whether through locks, gates, fences, security guards or other means, any land, place or thing.  2002, c. 32, s. 109 (1). Requirement to comply (2) When a copy of an order under subsection (1) is given to an owner or operating authority of a drinking water system, the owner or operating authority shall immediately cease or restrict the provision of drinking water in accordance with the directions in the order.  2002, c. 32, s. 109 (2). Notice of the order (3) The Director shall provide a copy of an order issued under subsection (1) to the following persons: 1.  The person to whom the order is issued. 2.  The Chief Medical Officer of Health and the medical officer of health. 3.  The local municipality in which the system that is the subject of the order is located. 4.  The Minister.  2002, c. 32, s. 109 (3). Revocation of order (4) The Director may revoke an order issued under subsection (1) in one or more of the following circumstances: 1.  The Director is satisfied, after consulting with the medical officer of health, that the circumstances giving rise to the order have been eliminated or ameliorated. 2.  The Director has appointed an interim operating authority under section 113 to take charge of the drinking water system to which the order relates. 3.  A municipality has, in accordance with a direction under section 114, taken charge of the system to which the order relates.  2002, c. 32, s. 109 (4).
111 (1) This section applies if, (a)  a continuing drinking water health hazard exists in respect of a municipal drinking water system or a regulated non-municipal drinking water system and the circumstances giving rise to the drinking water health hazard cannot be eliminated or ameliorated by the owner of the system; or (b)  the owner of a municipal drinking water system or a regulated non-municipal drinking water system has failed to decommission all or part of the system after taking it permanently out of service.  2002, c. 32, s. 111 (1). Director’s order (2) The Director may, by written order served on the owner of a drinking water system referred to in subsection (1), require the owner to, (a)  decommission all or part of the system in accordance with the directions specified in the order; or (b)  replace all or part of the system in accordance with the directions specified in the order, if the order relates to a continuing drinking water health hazard.  2002, c. 32, s. 111 (2). Same (3) An order described in clause (2) (b) may include one or both of the following requirements: 1.  A requirement to relocate a well or intake associated with the system. 2.  A requirement to establish a new source of raw water supply for the system.  2002, c. 32, s. 111 (3).
112 If the Director becomes aware that an owner of a municipal drinking water system or a regulated non-municipal drinking water system proposes to stop supplying water to the users of the system or has already done so, the Director may, by written order served on the owner or the operating authority of the system, require the owner or operating authority to continue to operate the system for its users.  2002, c. 32, s. 112.
115 If a notice is issued under section 114 to a municipality of the Director’s intention to issue an order under that section, the municipality shall provide residents of the area that is the subject of the order with an alternative supply of drinking water until, (a)  the Director revokes the order or advises the municipality that the Director no longer intends to issue the order; or (b)  the municipality has complied with the order.  2002, c. 32, s. 115.
116 (1) If the medical officer of health is of the opinion that a deficient drinking water system referred to in section 110, 113 or 114 can continue to supply water for a domestic purpose other than human consumption or food preparation, the medical officer of health may, (a)  notify the Director in writing and advise the Director of any direction the Director should include in a notice issued under this Part; and (b)  advise users of the system in such manner as he or she considers appropriate of any domestic purpose for which the water may be used and the precautions the users should take when using the water.  2002, c. 32, s. 116 (1). Inclusion of advice (2) On receipt of advice under subsection (1), the Director shall include in any notice issued under this Part any directions the medical officer of health advises the Director to include.  2002, c. 32, s. 116 (2).
117 (1) Despite any requirements under this Act, an order issued under this Part may, (a)  provide temporary relief from strict compliance with any requirement under this Act relating to a drinking water system; (b)  specify a date by which a person is required to achieve compliance with a requirement; and (c)  impose interim conditions in place of a requirement that may be less onerous than the requirement under this Act.  2002, c. 32, s. 117 (1). Same (2) If a person is provided with relief under subsection (1) in an order, the person shall not be subject to prosecution or a penalty under section 121 or section 121.1 for not complying with the requirement, as long as the person is complying with the terms of the order.  2002, c. 32, s. 117 (2); 2019, c. 14, Sched. 8, s. 67. Same (3) For greater certainty, a person remains subject to prosecution or a penalty in respect of a contravention of a requirement under this Act that occurred or was continuing to occur immediately before the order was issued.  2002, c. 32, s. 117 (3). Same (4) Despite any provision of this Act or the regulations, a person or entity acting under the authority of a notice issued under this Part may use or operate the drinking water system to which the notice relates or carry out an alteration to the drinking water system to which the notice relates, if the use, operation or alteration is carried out in accordance with the directions specified by the Director in the notice.  2002, c. 32, s. 117 (4). Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 8, s. 67 - 10/12/2019
118 (1) A person who is responsible for carrying out a direction specified by the Director in a notice issued under this Part may, without an order and for the purposes of carrying out the direction, enter on any land or into any place on or in which any thing is to be done in carrying out the direction and any adjacent land or place if, (a)  the entry is made with the consent of an occupier or owner of the land or place; or (b)  the delay necessary to obtain an order under subsection (2) will result in a drinking water health hazard.  2002, c. 32, s. 118 (1). Order authorizing entry (2) A justice who is satisfied on evidence under oath that there is reasonable ground to believe that entry on the land or into the place is necessary for carrying out a direction specified by the Director in a notice issued under this Part may issue an order authorizing the person named in the order to make the entry for the purpose of carrying out the direction.  2002, c. 32, s. 118 (2). Execution and expiry of order (3) An order issued under subsection (2) shall, (a)  specify the times, which may be 24 hours each day, during which the order may be carried out; and (b)  state when the order expires.  2002, c. 32, s. 118 (3). Renewal (4) Before or after the order or a renewed order expires, a justice may renew the order for such additional periods as the justice considers necessary.  2002, c. 32, s. 118 (4). Use of force (5) A person who enters on land or into a place under this section may call on police officers as necessary and may use force as necessary to make the entry and do the thing.  2002, c. 32, s. 118 (5). Assistance (6) A person named in an order issued under subsection (2) may call on any other persons he or she considers advisable to carry out the order.  2002, c. 32, s. 118 (6). Application without notice (7) A justice may receive and consider an application for an order or a renewal of an order under this section without notice to the owner or occupier of the land or place.  2002, c. 32, s. 118 (7). Identification (8) On the request of an owner or occupier of the land or place, a person who exercises a power conferred under subsection (1) or (2) shall identify himself or herself and shall explain the purpose of the entry.  2002, c. 32, s. 118 (8).
119 The Director may, by order served on the owner of a municipal drinking water system or a regulated non-municipal drinking water system, appoint the Agency or a person, at the owner’s expense, to prepare operational plans for the system or a part of the system or amend any plan that relates to the system if in the Director’s opinion, (a)  there has been a failure to correct, within a reasonable time, deficiencies in the operational plans that are identified in an auditor’s report under Part IV or by a provincial officer in an inspection; or (b)  the operational plans do not meet the minimum requirements in the Director’s directions under Part III.  2002, c. 32, s. 119.
120 If a provision of this Act, the regulations, any order under this Act or the conditions in a licence, permit or approval issued or granted under this Act is contravened, in addition to any other remedy and to any penalty imposed by law, the contravention may be restrained by action at the instance of the Minister.  2002, c. 32, s. 120.
121.1 (1) A person who is required by an order issued by a provincial officer to pay an administrative penalty may, within seven days after being served with the order, request that the Director review the order. 2019, c. 14, Sched. 8, s. 68. Request for review (2) A request for a review shall be made in writing and shall include, (a)  a statement of whether the review applies to the liability to pay the penalty, the amount of the penalty or both; (b)  any submissions that the person requesting the review wishes the Director to consider; and (c)  for the purposes of subsection (7), an address for service by mail, fax or such other means of service as the regulations may prescribe. 2019, c. 14, Sched. 8, s. 68. Stay (3) If a person requests a review, the requirement to pay the administrative penalty is stayed until the disposition of the matter. 2019, c. 14, Sched. 8, s. 68. Decision of Director (4) A Director who receives a request for a review may, (a)  revoke the order of the provincial officer; or (b)  by order directed to the person who requested the review, confirm or alter the order of the provincial officer. 2019, c. 14, Sched. 8, s. 68. Same (5) For the purposes of subsection (4), the Director may substitute his or her opinion for that of the provincial officer. 2019, c. 14, Sched. 8, s. 68. Amount of penalty (6) For greater certainty, if the review applies to the amount of the penalty, the regulations made under clause 121 (14) (c) apply for the purposes of the review. 2019, c. 14, Sched. 8, s. 68. Notice of decision (7) The Director shall serve a person requesting a review with a copy of, (a)  the Director’s decision or order under subsection (4); and (b)  if the Director issues an order under clause (4) (b), the reasons for the order. 2019, c. 14, Sched. 8, s. 68. Automatic confirmation of order (8) If the Director does not comply with subsection (7) within seven days after receiving a request for a review, the order in respect of which the review was requested shall be deemed to have been confirmed by order of the Director. 2019, c. 14, Sched. 8, s. 68. Same (9) For the purposes of section 129, a deemed confirmation by order of the Director under subsection (8) shall be, (a)  deemed to be directed to the person to whom the order of the provincial officer was directed; and (b)  deemed to have been served on the person mentioned in clause (a) on the last day of the time period mentioned in subsection (8). 2019, c. 14, Sched. 8, s. 68. Exception (10) Subsections (8) and (9) do not apply if, within seven days after receiving the request for a review, the Director gives written notice to the person requesting the review stating that the Director requires additional time to make a decision. 2019, c. 14, Sched. 8, s. 68. Regulations (11) The Lieutenant Governor in Council may make regulations specifying the form and content of orders under this section. 2019, c. 14, Sched. 8, s. 68. Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 8, s. 68 - 10/12/2019
121.2 If a person who is required to pay an administrative penalty fails to comply with the requirement, (a)  the order that requires payment may be filed with a local registrar of the Superior Court of Justice and the order may be enforced as if it were an order of the court; (b)  the Director may, by order, suspend any permit, licence, certificate or approval issued to the person under this Act until the administrative penalty is paid; and (c)  the Director may refuse to issue any permit, licence, certificate or approval to the person or refuse to renew any permit, licence, certificate or approval issued to the person under this Act until the administrative penalty is paid. 2019, c. 14, Sched. 8, s. 68. Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 8, s. 68 - 10/12/2019
121.3 Administrative penalties paid under this Act shall be deposited in the account referred to in section 182.2 of the Environmental Protection Act. 2019, c. 14, Sched. 8, s. 68. Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 8, s. 68 - 10/12/2019
122 (1) If a notice of emergency response or a notice of appointment of an interim operating authority has been issued under this Part, the Director may issue an order to pay the costs of doing any thing caused to be done in connection with the notice to,  (a)  the owner of the drinking water system to which the notice relates, if the system is not abandoned; or (b)  the class of persons prescribed by the regulations, if the drinking water system is abandoned.  2002, c. 32, s. 122 (1). Contents of order (2) An order under subsection (1) to pay costs shall include, (a)  a description of things that the Director directed a person or entity to do in connection with the notice; (b)  a detailed account of the costs incurred in doing the things; and (c)  a direction that the person to whom the order is issued pay the costs to the Minister of Finance.  2002, c. 32, s. 122 (2).
123 (1) An order to pay costs may be filed with the Superior Court of Justice and enforced as if it were an order of the court.  2002, c. 32, s. 123 (1). Interest (2) Section 129 of the Courts of Justice Act applies in respect of an order filed with the court under subsection (1) and, for the purpose, the date of filing shall be deemed to be the date of the order.  2002, c. 32, s. 123 (2). Collection of costs by tax lien
125 Where an order to pay costs is directed to a person who has given a deposit under a regulation made under the Environmental Protection Act or is in respect of works or property for which financial assurance is required under Part XII of that Act or a regulation made under clause 176 (2.4) (i) of that Act, the deposit or financial assurance may be used to recover amounts specified in the order to pay costs.  2010, c. 16, Sched. 7, s. 4. Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 7, s. 4 - 31/10/2011 part X   appeals Meaning of “Director”
126 In this Part, “Director” means, in relation to a reviewable decision, the Director who made the decision.  2002, c. 32, s. 126.