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Nutrient Management Act, 2002

S.O. 2002, CHAPTER 4

Consolidation Period: From January 17, 2008 to the e-Laws currency date.

Last amendment: 2007, c. 4, s. 37.

SKIP TABLE OF CONTENTS

CONTENTS

PART I
PURPOSE, DEFINITIONS AND ADMINISTRATION

Purpose

1.  The purpose of this Act is to provide for the management of materials containing nutrients in ways that will enhance protection of the natural environment and provide a sustainable future for agricultural operations and rural development. 2002, c. 4, s. 1.

Definitions

2.  In this Act,

“agricultural machinery and equipment” includes equipment used for the management of materials containing nutrients; (“machines et matériel agricoles”)

“agricultural operation” means an agricultural, aquacultural, horticultural or silvicultural operation and includes,

(a) draining, irrigating or cultivating land,

(b) growing, producing or raising farm animals,

(c) the production of agricultural crops, including greenhouse crops, maple syrup, mushrooms, nursery stock, tobacco, trees and turf grass, and any additional agricultural crops prescribed by the regulations,

(d) the production of eggs, cream and milk,

(e) the operation of agricultural machinery and equipment,

(f) ground and aerial spraying,

(g) the management of materials containing nutrients for farm purposes,

(h) the processing by a farmer of the products produced primarily from the farmer’s agricultural operation,

(i) activities that are a necessary but ancillary part of an agricultural operation such as the use of transport vehicles for the purposes of the agricultural operation, and

(j) any other agricultural activity prescribed by the regulations, conducted on, in or over agricultural land; (“exploitation agricole”)

“analyst” means an analyst appointed under subsection 5 (1); (“analyste”)

“approval” means an approval of a nutrient management plan or a nutrient management strategy that is issued in accordance with a regulation made under clause 6 (2) (h), (i) or (k); (“approbation”)

“certificate” means a certificate to carry out prescribed nutrient management practices that is issued in accordance with a regulation made under clause 6 (2) (c); (“certificat”)

“Director” means a Director appointed under subsection 3 (1); (“directeur”)

“discharge”, when used as a verb, includes to add, deposit, emit or leak and, when used as a noun, includes an addition, deposit, emission or leak; (“rejet”, “rejeter”)

“farm animal” means,

(a) livestock, including poultry and ratites,

(b) fur-bearing animals,

(c) bees,

(d) cultured fish,

(e) deer and elk,

(f) game animals and birds, or

(g) any additional animals, birds or fish prescribed by the regulations; (“animal d’élevage”)

“farmer” means the owner or operator of an agricultural operation; (“agriculteur”)

“justice” means a provincial judge or a justice of the peace; (“juge”)

“licence” means a licence for applying materials containing nutrients to land that is issued in accordance with a regulation made under clause 6 (2) (e); (“permis”)

“management”, in respect of materials containing nutrients, includes the collection, purchase, acquisition, storage, handling, treatment, sale, transfer, transportation, application, use and disposal of the materials, and “manage” has a corresponding meaning; (“gestion”, “gérer”)

“Minister” means the Minister responsible for the administration of this Act unless the context indicates otherwise; (“ministre”)

“Ministry” means the Ministry of the Minister; (“ministère”)

“natural environment” means the air, land and water of the Province of Ontario or any combination or part of them; (“environnement naturel”)

“nutrient” means fertilizers, organic materials, biosolids, compost, manure, septage, pulp and paper sludge, and other material applied to land for the purpose of improving the growing of agricultural crops or for the purpose of a prescribed use, but does not include any material that the regulations specify does not come within the definition of “nutrient”; (“élément nutritif”)

“nutrient management plan” means a plan for the management of materials containing nutrients that may be applied to lands, which plan is prepared in accordance with the regulations; (“plan de gestion des éléments nutritifs”)

“nutrient management strategy” means a plan prepared by a municipality or generator of prescribed materials to ensure the prescribed materials generated in the municipality or by the generator are appropriately managed and may include one or more nutrient management plans; (“stratégie de gestion des éléments nutritifs”)

“prescribed” means prescribed by the regulations; (“prescrit”)

“processing” includes sawing, cleaning, treating, grading and packaging to the extent that these activities relate to products primarily from an agricultural operation and are conducted as a part of an agricultural operation; (“traitement”)

“provincial officer” means a provincial officer designated under subsection 4 (1); (“agent provincial”)

“regulations” means the regulations made under this Act; (“règlements”)

“Tribunal” means the Environmental Review Tribunal. (“Tribunal”) 2002, c. 4, s. 2.

Directors

3.  (1)  Any Minister responsible for the administration of a provision of this Act may in writing appoint as Directors any of the following persons as the Minister considers necessary:

1. Public servants employed under Part III of the Public Service of Ontario Act, 2006 who work in the Ministry or the members of classes of such public servants.

2. Subject to the approval of the Lieutenant Governor in Council, any other persons or the members of any other classes of persons. 2006, c. 35, Sched. C, s. 92 (1).

Powers

(2)  Directors shall act as Directors in respect of those sections of this Act, those regulations and those sections of those regulations that are set out in their appointment. 2002, c. 4, s. 3 (2).

Limitation of authority

(3)  In an appointment of a Director, the Minister may limit the authority of the Director in the manner that the Minister considers necessary or advisable. 2002, c. 4, s. 3 (3).

Provincial officers

4.  (1)  Any Minister responsible for the administration of a provision of this Act may in writing designate as provincial officers any of the following persons as the Minister considers necessary:

1. Public servants employed under Part III of the Public Service of Ontario Act, 2006 who work in the Ministry or the members of classes of such public servants.

2. Any other persons or the members of any other classes of persons. 2006, c. 35, Sched. C, s. 92 (2).

Powers

(2)  Provincial officers shall act as provincial officers in respect of those sections of this Act, those regulations and those sections of those regulations that are set out in their designation. 2002, c. 4, s. 4 (2).

Limitation of authority

(3)  In a designation of a provincial officer, the Minister may limit the authority of the provincial officer in the manner that the Minister considers necessary or advisable. 2002, c. 4, s. 4 (3).

Peace officers

(4)  A provincial officer is a peace officer for the purpose of enforcing this Act. 2002, c. 4, s. 4 (4).

Investigation and prosecution

(5)  A provincial officer may investigate offences under this Act and may prosecute any person whom the provincial officer reasonably believes is guilty of an offence under this Act. 2002, c. 4, s. 4 (5).

Analysts

5.  (1)  Any Minister responsible for the administration of a provision of this Act may in writing appoint as analysts any of the following persons as the Minister considers necessary:

1. Public servants employed under Part III of the Public Service of Ontario Act, 2006 who work in the Ministry or the members of classes of such public servants.

2. Any other persons or the members of any other classes of persons. 2006, c. 35, Sched. C, s. 92 (3).

Powers

(2)  Analysts shall act as analysts in respect of those sections of this Act, those regulations and those sections of those regulations that are set out in their appointment. 2002, c. 4, s. 5 (2).

Limitation of authority

(3)  In an appointment of an analyst, the Minister may limit the authority of the analyst in the manner that the Minister considers necessary or advisable. 2002, c. 4, s. 5 (3).

PART II
MANAGEMENT OF MATERIALS CONTAINING NUTRIENTS AND REGULATIONS RESPECTING FARM ANIMALS

Nutrient management standards

6.  (1)  The Lieutenant Governor in Council may make regulations,

(a) establishing standards respecting the management of materials containing nutrients used by and on agricultural operations or used for other uses;

(b) establishing standards respecting farm practices and other uses to be followed with respect to the materials mentioned in clause (a);

(c) requiring farmers and other persons to comply with the standards mentioned in clause (a) or (b). 2002, c. 4, s. 6 (1).

Same

(2)  Without limiting the generality of subsection (1), the Lieutenant Governor in Council may make regulations,

(a) governing the management of materials containing nutrients including,

(i) specifying standards for the size, capacity and location of buildings or structures that are used to store materials containing nutrients or to house farm animals, including buildings or structures that are not buildings as defined in subsection 1 (1) of the Building Code Act, 1992,

(ii) specifying standards relating to the construction, on an agricultural operation, of the buildings or structures to which subclause (i) applies and requiring excavations to be carried out around them, including the formation of earth barriers, and specifying standards for the excavations,

(iii) respecting the amount of materials containing nutrients that may be applied to lands, the quality of the materials and the type of land to which the materials or a type of the materials may be applied,

(iv) respecting the time and manner in which materials containing nutrients may be applied to lands,

(v) specifying standards for equipment used to transport and apply materials containing nutrients, and

(vi) respecting technologies used for the management of materials containing nutrients, including prescribing conditions for the use of the technologies and respecting the manner and the circumstances in which they may be used;

(b) requiring farmers and other persons to meet prescribed qualifications and to pass prescribed examinations in relation to the application of materials containing nutrients to lands;

(c) respecting the qualifications, education, training and certification necessary in order to carry out prescribed management practices and prohibiting persons other than those with the prescribed qualifications, education, training or certification from performing the prescribed nutrient management practices in an agricultural operation;

(d) prohibiting persons from engaging in the business of applying materials containing nutrients to lands unless licensed to do so;

(e) respecting the licensing of persons who are engaged in the business of applying materials containing nutrients to lands, respecting applications for the licences and the issuing, renewing, expiration, suspension and cancellation of the licences, respecting the qualifications for the licences and specifying the conditions of the licences;

(f) prohibiting the application of materials containing nutrients to lands except in accordance with a nutrient management plan prepared or approved in accordance with the regulations and permitting deviations from the plan in the circumstances specified in the regulations or where the deviation is approved by a person specified in the regulations;

(g) governing the preparation of nutrient management plans, requiring farmers and others to ensure that a nutrient management plan is prepared in relation to their operations and specifying the method according to which the plan must be prepared and the contents of the plan;

(h) requiring that nutrient management plans for agricultural operations, or for prescribed classes of agricultural operations, be prepared or approved by persons who meet the qualifications specified in the regulations or who are appointed by any Minister responsible for the administration of a provision of this Act for the purpose of giving the approval;

(i) requiring that nutrient management strategies for municipalities and generators of prescribed materials, or for prescribed classes of those municipalities and generators, be prepared or approved by persons who meet the qualifications specified in the regulations or who are appointed by any Minister responsible for the administration of a provision of this Act for the purpose of giving the approval;

(j) providing for the issue of approvals and their termination and amendment;

(k) specifying the length of time for which a nutrient management plan or a nutrient management strategy is valid and requiring that, at the prescribed times or when there is a prescribed change in the agricultural operation or other prescribed activity, a new plan or strategy be prepared and approved or an existing plan or strategy be amended and approved;

(l) providing for the amendment or termination of nutrient management plans or nutrient management strategies by persons who are appointed by any Minister responsible for the administration of a provision of this Act for the purposes of doing those amendments or terminations, if the plans or strategies are not in accordance with the regulations;

(m) requiring that a nutrient management plan, nutrient management strategy or any other record or document required under this Act be,

(i) kept by the farmer or the other persons that are specified in the regulations for the period of time specified in the regulations, or

(ii) filed in accordance with the requirements specified in the regulations;

(n) providing for the establishment of a registry in which nutrient management plans, nutrient management strategies and other prescribed documents relating to this Act shall be recorded or providing for the use of any other registry for recording those plans, strategies and documents;

(o) providing for access to the documents in a registry described in clause (n) or portions of them;

(p) requiring that persons who manage materials containing nutrients gather samples of them in accordance with the requirements specified in the regulations and submit them, in accordance with the requirements specified in the regulations, to prescribed persons for the purpose of a chemical analysis;

(q) governing the manner in which the chemical analysis mentioned in clause (p) is to be performed and requiring that the persons who perform it make the reports on it that are specified in the regulations;

(r) requiring that studies be conducted in relation to the use of materials containing nutrients on lands, including topographical studies and studies to determine soil types on those lands and studies to determine the depth, volume, direction of flow and risk of contamination of water located on, in and under those lands;

(s) requiring that the studies mentioned in clause (r) be conducted by a person who has the prescribed qualifications;

(t) requiring that the recommendations, if any, contained in the studies mentioned in clause (r) be followed in the use of materials containing nutrients on the lands being studied;

(u) respecting minimum distance separation requirements between,

(i) lands to which materials containing nutrients are applied or places in which materials containing nutrients are stored or farm animals are housed, and

(ii) properties surrounding the lands or places described in subclause (i) or those other places or geographic features that are specified in the regulations;

(v) requiring that materials containing nutrients be managed in an environmentally responsible manner as specified in the regulations by persons who are engaged in the purchase, acquisition, resale or disposal of materials containing nutrients or who are otherwise engaged in the trading of materials containing nutrients;

(w) governing the use of innovative technologies in the management of materials containing nutrients used by and on agricultural operations, including specifying conditions for the use of those technologies and respecting the manner and the circumstances in which they may be used;

(x) requiring a farmer or whatever other person is specified in the regulations to prepare records or documents in relation to the management of materials containing nutrients and those other matters that are specified in the regulations;

(y) requiring that a nutrient management plan, nutrient management strategy or any other record or document that must be prepared, kept or filed under this Act, be prepared, kept or filed in an electronic format and respecting requirements for the preparation, keeping and filing of those plans, records and documents in an electronic format;

(z) prohibiting a farmer from,

(i) constructing a structure or a building to be used to house farm animals or to store materials containing nutrients,

(ii) enlarging an existing structure or building that is used to house farm animals or to store materials containing nutrients, or

(iii) converting an existing structure or building into one that is used to house farm animals or to store materials containing nutrients,

unless the farmer has,

(iv) prepared and filed a nutrient management plan or a nutrient management strategy in accordance with the requirements specified in the regulations, and

(v) met the requirements specified in the regulations with respect to the site and construction of the structure or building;

(z.1) respecting the issuance of certificates to a farmer as evidence that the farmer is in compliance with this Act and the regulations and respecting the cancellation, expiry and renewal of the certificates;

(z.2) providing for the establishment and operation of local committees to assist in the doing of any prescribed matters including mediation of disputes in connection with the management of materials containing nutrients on lands. 2002, c. 4, s. 6 (2).

Director’s powers

(3)  A Director may, in accordance with the regulations,

(a) issue, amend, suspend or revoke a certificate, licence or approval; or

(b) impose or amend conditions on a certificate, licence or approval. 2002, c. 4, s. 6 (3).

Regulations, farm animals, etc.

7.  The Lieutenant Governor in Council may make regulations,

(a) regulating the use of prescribed nutrients on lands used for the production of prescribed crops;

(b) regulating the access of farm animals and persons to lands to which prescribed nutrients have been applied;

(c) governing the location and operation of feed lots and other places where farm animals are kept outside;

(d) restricting the access of farm animals to water and watercourses;

(e) governing the disposal, storage and transportation of dead farm animals. 2002, c. 4, s. 7.

PART III
HEARING BY TRIBUNAL

Notice of Director’s action

8.  (1)  A Director who issues or amends a certificate, licence or approval, who imposes or amends conditions on a certificate, licence or approval or who suspends or revokes a certificate, licence or approval shall serve a written notice of the Director’s action, containing reasons, on the holder of the certificate, licence or approval, as the case may be. 2002, c. 4, s. 8 (1).

Non-issuance or non-renewal

(2)  A Director who refuses to issue or renew a certificate, licence or approval shall serve a written notice of the Director’s action, containing reasons, on the person to whom the Director refused to issue or renew the certificate, licence or approval, as the case may be. 2002, c. 4, s. 8 (2).

Right to hearing

9.  (1)  A person who receives a notice described in subsection 8 (1) or (2) may require a hearing by the Tribunal by serving a written notice of the requirement on the Director and the Tribunal within 15 days after service of the notice described in that subsection. 2002, c. 4, s. 9 (1).

Same, order

(2)  If a Director makes, amends, revokes or is deemed to have made an order under this Act, the person to whom the order is directed may require a hearing by the Tribunal by serving a written notice of the requirement on the Director and the Tribunal within 15 days after service of notice of the order. 2002, c. 4, s. 9 (2).

No order

(3)  The refusal by the Director to make, amend or revoke an order does not itself constitute an order. 2002, c. 4, s. 9 (3).

No right to hearing

(4)  A person is not entitled to require a hearing under subsection (1) or (2) if the person receives,

(a) notice that the Director has issued the certificate, licence or approval for which the person applied; or

(b) notice of an action that the Tribunal has directed the Director to take under clause 11 (1) (b). 2002, c. 4, s. 9 (4).

Extension of time

(5)  The Tribunal shall extend the time in which a person may give a notice under subsection (1) or (2) requiring a hearing on a decision or order if, in the Tribunal’s opinion, it is just to do so because service of the decision or order on the person did not give the person notice of the decision or order. 2002, c. 4, s. 9 (5).

Contents of notice

(6)  An applicant for a hearing by the Tribunal shall state in the notice requiring the hearing,

(a) the portions of the certificate, licence, approval or order in respect of which the hearing is required; and

(b) the grounds on which the applicant for the hearing intends to rely at the hearing. 2002, c. 4, s. 9 (6).

Effect of contents of notice

(7)  Except with leave of the Tribunal, at a hearing by the Tribunal an applicant is not entitled to appeal a portion of the certificate, licence, approval or order, or to rely on a ground, that is not stated in the applicant’s notice requiring the hearing. 2002, c. 4, s. 9 (7).

Leave by Tribunal

(8)  The Tribunal may grant the leave mentioned in subsection (7) if the Tribunal is of the opinion that to do so is proper in the circumstances, and the Tribunal may give the directions that the Tribunal considers proper consequent upon the granting of the leave. 2002, c. 4, s. 9 (8).

No automatic stay

10.  (1)  The commencement of a hearing before the Tribunal does not stay the operation of the certificate, licence, approval or order in respect of which the hearing is required, except if the order is an order to pay the costs of work made under section 36. 2002, c. 4, s. 10 (1).

Grant of stay

(2)  The Tribunal may, on the application of a party to a hearing before it, stay the operation of the certificate, licence, approval or order in respect of which the hearing is required, except if the order is an order to monitor, record and report. 2002, c. 4, s. 10 (2).

Parties

(3)  The person requiring the hearing, the Director and any other person specified by the Tribunal are parties to the hearing. 2002, c. 4, s. 10 (3).

No stay

(4)  The Tribunal shall not stay the operation of the certificate, licence, approval or order in respect of which the hearing is required if doing so would result in,

(a) danger to the health or safety of any person;

(b) impairment or serious risk of impairment of the quality of the natural environment for any use that can be made of it; or

(c) injury or damage or serious risk of injury or damage to any property or to any plant or animal life. 2002, c. 4, s. 10 (4).

Application for removal of stay

(5)  A party to the hearing may apply for the removal of a stay if relevant circumstances have changed or have become known to the party since the stay was granted, and the Tribunal may grant the application. 2002, c. 4, s. 10 (5).

Application by new party

(6)  A person who is made a party to the hearing after a stay is granted may, at the time the person is made a party, apply for the removal of the stay, and the Tribunal may grant the application. 2002, c. 4, s. 10 (6).

Removal of stay

(7)  The Tribunal, on the application of a party under subsection (5) or (6), shall remove a stay if failure to do so would have one or more of the results mentioned in clauses (4) (a) to (c). 2002, c. 4, s. 10 (7).

Conditions

(8)  The Tribunal may impose conditions on granting or removing a stay under this section. 2002, c. 4, s. 10 (8).

Powers of Tribunal

11.  (1)  A hearing by the Tribunal shall be a new hearing and the Tribunal may,

(a) confirm, alter or revoke the action of the Director that is the subject-matter of the hearing;

(b) by order direct the Director to take the action that the Tribunal considers the Director should take in accordance with this Act and the regulations;

(c) for the purposes of clauses (a) and (b), substitute its opinion for that of the Director. 2002, c. 4, s. 11 (1).

Appeal to court

(2)  A party to a hearing before the Tribunal under this section may appeal from its decision or order on a question of law to the Divisional Court in accordance with the rules of court. 2002, c. 4, s. 11 (2).

Appeal to Minister

(3)  A party to a hearing before the Tribunal may, within 30 days after receiving the decision of the Tribunal or within 30 days after final disposition of an appeal, if any, under subsection (2), appeal in writing to the Minister on any matter other than a question of law and the Minister shall confirm, alter or revoke the decision of the Tribunal as to the matter in appeal as the Minister considers in the public interest. 2002, c. 4, s. 11 (3).

No automatic stay

(4)  An appeal of a decision of the Tribunal to the Divisional Court or to the Minister does not stay the operation of the decision unless the Tribunal orders otherwise. 2002, c. 4, s. 11 (4).

Power of court or Minister

(5)  If a decision of the Tribunal is appealed to the Divisional Court or to the Minister, the Divisional Court or the Minister may,

(a) stay the operation of the decision; or

(b) set aside a stay ordered by the Tribunal under subsection (4). 2002, c. 4, s. 11 (5).

PART IV
INSPECTIONS AND ORDERS

Inspections

Identification

12.  On request, a provincial officer who exercises a power under this Act shall identify himself or herself as a provincial officer, either by producing 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. 4, s. 12.

Inspection without warrant

13.  (1)  For the purposes of the administration of this Act or the regulations, a provincial officer may, without warrant or court order, enter and inspect, in accordance with this section, any land or premises that,

(a) are used by, or are part of, an agricultural operation or other operation regulated under this Act; or

(b) the officer believes on reasonable grounds contain documents relating to an agricultural operation or other operation regulated under this Act. 2002, c. 4, s. 13 (1).

Dwellings

(2)  A provincial officer shall not exercise a power conferred by this section 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 16. 2002, c. 4, s. 13 (2).

Time of entry

(3)  A provincial officer shall not exercise a power conferred by this section to enter and inspect land or premises without a warrant or court order except during daylight hours or at any other time during which work is being carried out on the land or at the premises. 2002, c. 4, s. 13 (3).

Exception

(4)  Despite subsection (3), a provincial officer may exercise a power conferred by this section to enter and inspect land or premises without a warrant or court order if delay in exercising the power would result in,

(a) danger to the health or safety of any person;

(b) impairment or serious risk of impairment of the quality of the natural environment for any use that can be made of it;

(c) injury or damage or serious risk of injury or damage to any property or to any plant or animal life; or

(d) the disappearance or deterioration of evidence that the inspection could produce. 2002, c. 4, s. 13 (4).

Powers on inspection

(5)  During an inspection made under subsection (1), a provincial officer may,

(a) make necessary excavations;

(b) require that any thing be operated, used or set in motion under conditions specified by the officer;

(c) take samples for analysis;

(d) conduct tests or take measurements;

(e) examine, record or copy any document or data, in any form, by any method;

(f) record the condition of a place or the natural environment by means of photograph, video recording or other visual recording;

(g) 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 purposes of the inspection;

(h) remove from a place documents or data, in any form, produced under clause (g) for the purpose of making copies; and

(i) make reasonable inquiries of any person, orally or in writing. 2002, c. 4, s. 13 (5).

Records

(6)  A record made under clause (5) (f) must be made in a manner that does not intercept any private communication and that accords with reasonable expectations of privacy. 2002, c. 4, s. 13 (6).

Removal of documents or data

(7)  A provincial officer shall not remove documents or data under clause (5) (h) without giving a receipt for them and shall promptly return the documents or data to the person who produced them. 2002, c. 4, s. 13 (7).

Power to exclude persons

(8)  A provincial officer who exercises the power set out in clause (5) (i) may exclude from the questioning any person except counsel for the individual being questioned. 2002, c. 4, s. 13 (8).

Inspection of vehicles and vessels

14.  (1)  In this section,

“vehicle” includes a trailer or other equipment attached to the vehicle. 2002, c. 4, s. 14 (1).

Requirement to stop

(2)  For the purposes of the administration of this Act or the regulations, a provincial officer may signal a vehicle or vessel to stop. 2002, c. 4, s. 14 (2).

Compliance

(3)  On the provincial officer’s signal to stop, the operator of the vehicle or vessel shall immediately come to a safe stop. 2002, c. 4, s. 14 (3).

Signal to stop

(4)  For the purposes of this section, a signal to stop includes,

(a) intermittent flashes of red light, in the case of a vehicle;

(b) intermittent flashes of blue light, in the case of a vessel; and

(c) a hand signal to stop by a provincial officer who is readily identifiable as a provincial officer. 2002, c. 4, s. 14 (4).

Sign to report

(5)  Where a clearly marked sign is posted indicating that a class of vehicles or vessels should report to a certain place in the vicinity of the sign, the operator of a vehicle or vessel that passes the sign and that falls within the class of vehicles or vessels indicated shall report forthwith to the place the sign directs. 2002, c. 4, s. 14 (5).

Inquiries and inspection

(6)  Where the operator of a vehicle or vessel stops under subsection (3) or reports under subsection (5), the provincial officer may make any reasonable inquiries of the operator and the operator shall produce for inspection any documents related to the operation or ownership of the vehicle or vessel, including licences, permits and any documents that are required to be kept by the law of any jurisdiction in relation to the carriage of any cargo or container. 2002, c. 4, s. 14 (6).

Means of containment

(7)  Based on the questioning or examination of documents conducted under subsection (6), the provincial officer may, without warrant or court order, inspect any means of containment that the officer reasonably believes is being used for the handling or transportation of a thing the handling or transportation of which is governed or regulated under this Act, the Dangerous Goods Transportation Act, the Environmental Protection Act or the Transportation of Dangerous Goods Act, 1992 (Canada). 2002, c. 4, s. 14 (7).

Opening

(8)  As part of an inspection under subsection (7), the provincial officer may open or require the operator to open any cargo hold, container or other means of containment. 2002, c. 4, s. 14 (8).

Powers of inspection

(9)  During an inspection conducted under subsection (6) or (7), the provincial officer may exercise any powers under subsection 13 (5) that are reasonably required for the administration of this Act or the regulations. 2002, c. 4, s. 14 (9).

Same

(10)  Subsections 13 (6), (7) and (8) apply to the exercise of a power under subsection (9). 2002, c. 4, s. 14 (10).

Power to administer other Acts

15.  A provincial officer who exercises any power set out in section 13, 14 or 23 may, if the provincial officer is designated as such under the Environmental Protection Act, the Ontario Water Resources Act or the Pesticides Act, as the case may be, do anything authorized by,

(a) section 156, 156.1, 160, 161 or 161.1 of the Environmental Protection Act;

(b) section 15, 15.1, 19, 20 or 20.1 of the Ontario Water Resources Act; or

(c) section 19, 19.1, 22, 23 or 23.1 of the Pesticides Act. 2002, c. 4, s. 15.

Order for entry or inspection

16.  (1)  A justice may issue an order authorizing a provincial officer to do anything described in subsection 13 (1) or (5) or 14 (2), (6), (7), (8) or (9) 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 officer to do anything described in subsection 13 (1) or (5) or 14 (2), (6), (7), (8) or (9) and that the 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 described in subsection 13 (1) or (5) or 14 (2), (6), (7), (8) or (9);

(c) there are reasonable grounds to believe that a person may prevent a provincial officer from doing anything described in subsection 13 (1) or (5) or 14 (2), (6), (7), (8) or (9);

(d) it is impractical, because of the remoteness of the place to be inspected or because of any other reason, for the officer to obtain an order under this section without delay if access is denied; or

(e) there are reasonable grounds to believe that an attempt by the officer to do anything described in subsection 13 (1) or (5) or 14 (2), (6), (7), (8) or (9) without the order might not achieve the purpose of the thing or might endanger human health or safety, property or the natural environment. 2002, c. 4, s. 16 (1).

Same

(2)  Subsections 13 (6), (7) and (8) apply to an inspection under an order under this section. 2002, c. 4, s. 16 (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 date on which the order is made. 2002, c. 4, s. 16 (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. 4, s. 16 (4).

Time of execution

(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. 4, s. 16 (5).

Application without notice

(6)  An order under this section may be issued or renewed on application without notice. 2002, c. 4, s. 16 (6).

Condition to permit inspections

17.  It is a condition of every licence or approval that the holder must forthwith on request permit provincial officers to carry out inspections authorized by section 13, 14 or 16 of this Act, section 156, 156.1 or 158 of the Environmental Protection Act, section 15, 15.1 or 17 of the Ontario Water Resources Act or section 19, 19.1 or 20 of the Pesticides Act of any place, other than any room actually used as a dwelling, to which the licence or approval relates. 2002, c. 4, s. 17.

Order to prohibit entry

18.  (1)  A provincial officer may by order prohibit entry into all or part of any land or place or prohibit the use of, interference with, disruption of, or destruction of any thing in any of the following circumstances:

1. During an inspection under section 13, 14 or 16.

2. During the time required for the officer to obtain an order under section 16 of this Act or a warrant under section 158 of the Provincial Offences Act.

3. During a search carried out under a warrant issued under section 158 of the Provincial Offences Act. 2002, c. 4, s. 18 (1).

Requirements for order

(2)  A provincial officer shall not issue an order under subsection (1) unless the officer reasonably believes that,

(a) in the case of an order prohibiting entry, there is on the land or in the place a thing that will afford evidence of an offence under this Act;

(b) in the case of an order prohibiting the use of, interference with, disruption of, or destruction of a thing, the thing will afford evidence of an offence under this Act; or

(c) in the case of an order prohibiting entry or an order prohibiting the use of, interference with, disruption of, or destruction of a thing, there is a discharge or a likelihood of discharge of materials containing nutrients into the natural environment from the land, place or thing and an adverse effect described in subsection (3) has resulted or is likely to result from the discharge. 2002, c. 4, s. 18 (2).

Effect

(3)  The adverse effect mentioned in clause (2) (c) is an effect that is one or more of the following:

1. Impairment of the quality of the natural environment for any use that can be made of it.

2. Injury or damage to property or to plant or animal life.

3. Harm or material discomfort to any person.

4. An adverse effect on the health of any person.

5. Impairment of the safety of any person.

6. Rendering any property or plant or animal life unfit for human use.

7. Interference with the normal conduct of business. 2002, c. 4, s. 18 (3).

Notice of order

(4)  The provincial officer shall give notice of the order in the manner that the officer considers appropriate in the circumstances. 2002, c. 4, s. 18 (4).

Contents of notice

(5)  Notice of the order shall include an explanation of the rights provided by subsections (7) and (8). 2002, c. 4, s. 18 (5).

Order not effective where no notice

(6)  An order described in subsection (1) 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. 4, s. 18 (6).

Request for rescission

(7)  A person aggrieved by the order may make an oral or written request to the Director to rescind it and may make oral or written submissions to the Director in support of the request. 2002, c. 4, s. 18 (7).

Powers of Director

(8)  The Director shall give prompt consideration to a request or submissions made under subsection (7) and may rescind the order. 2002, c. 4, s. 18 (8).

Same

(9)  For the purposes of subsection (8), the Director may substitute the Director’s own opinion for that of the provincial officer. 2002, c. 4, s. 18 (9).

Rescission of order

(10)  A Director who rescinds an order under subsection (8) shall give those directions to a provincial officer that the Director considers appropriate to bring the rescission to the attention of persons affected. 2002, c. 4, s. 18 (10).

No stay

(11)  A request for rescission of an order described in subsection (1) does not stay the order, unless the Director orders otherwise in writing. 2002, c. 4, s. 18 (11).

Duration of order

(12)  An order described in subsection (1) shall be effective,

(a) subject to clause (b), for the shorter of the length of time necessary to complete the inspection or search mentioned in that subsection or a period not exceeding two days excluding holidays; or

(b) where the inspection or search mentioned in subsection (1) is under an order under section 16 of this Act or under a warrant issued under section 158 of the Provincial Offences Act and a time limit for the inspection or search is specified in the order or warrant, until the expiration of that time. 2002, c. 4, s. 18 (12).

Order of justice

19.  (1)  If a justice is satisfied, on evidence under oath by a provincial officer, that there are reasonable grounds 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 land or place or prohibiting the use of, interference with, disruption of, or destruction of any thing. 2002, c. 4, s. 19 (1).

Duration of prohibition

(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. 4, s. 19 (2).

Expiry

(3)  Unless renewed, an order made under this section expires on the earlier of the day specified for the purpose in the order or the day that is 30 days after the date on which the order is made. 2002, c. 4, s. 19 (3).

Renewal

(4)  An order made under this section may be renewed for any reason set out in subsection (1), before or after expiry, for one or more periods, each of which is not more than 30 days. 2002, c. 4, s. 19 (4).

Application for initial order

(5)  An initial order made under subsection (1) may be issued on application without notice. 2002, c. 4, s. 19 (5).

Application for renewal order

(6)  A renewal order made under subsection (4) may be issued on application made with the notice, if any, that is specified for the purpose under subsection (7). 2002, c. 4, s. 19 (6).

Requirements for renewal

(7)  In an order made 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. 4, s. 19 (7).

Notice of order

(8)  A provincial officer may give notice of an order made under subsection (1) or (4) in the manner that the officer considers appropriate in the circumstances. 2002, c. 4, s. 19 (8).

Order ineffective

(9)  An order made 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. 4, s. 19 (9).

Securing of place or thing

20.  If an order made under section 18 or 19 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 other means that the officer deems necessary to prevent entry into the land or place or to prevent the use of, interference with, disruption of, or destruction of the thing. 2002, c. 4, s. 20.

Use of force

21.  A provincial officer may use the force that is reasonably necessary,

(a) to carry out a court order issued under this Part;

(b) to execute a warrant issued under the Provincial Offences Act; or

(c) to prevent the destruction of any thing that the officer reasonably believes may afford evidence of an offence under this Act. 2002, c. 4, s. 21.

Samples and copies

22.  A provincial officer may detain samples and copies obtained under section 13, 14 or 16 for any period and for any of the purposes of this Act and the regulations. 2002, c. 4, s. 22.

Seizure during inspection

23.  (1)  During an inspection under section 13, 14 or 16, a provincial officer may, without a warrant or court order, seize any thing that is produced to the officer or that is in plain view, if,

(a) the officer reasonably believes that the thing will afford evidence of an offence under this Act; or

(b) the 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. 2002, c. 4, s. 23 (1).

Report to justice

(2)  A provincial officer who seizes any thing during an inspection under section 13, 14 or 16 shall bring the thing seized before a justice or, if that is not reasonably possible, shall report the seizure to a justice. 2002, c. 4, s. 23 (2).

Application of Provincial Offences Act

(3)  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 under section 13, 14 or 16. 2002, c. 4, s. 23 (3).

Disposition of certain things

24.  (1)  If the Director believes that, given the nature of a thing seized during an inspection under section 13, 14 or 16, 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. 4, s. 24 (1).

Perishables

(2)  If the person having custody of any thing seized during an inspection under section 13, 14 or 16 believes that the thing will rot, spoil or otherwise perish, the person may dispose of the thing. 2002, c. 4, s. 24 (2).

Non-application of provisions

(3)  Subsections 23 (2) and (3) do not apply to a thing disposed of in accordance with this section. 2002, c. 4, s. 24 (3).

Forfeiture

(4)  A thing disposed of in accordance with this section is forfeited to the Crown. 2002, c. 4, s. 24 (4).

Notice of disposal

(5)  If a thing has been disposed of in accordance with subsections (1) to (4), 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 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 officer knows or has reason to believe is the owner. 2002, c. 4, s. 24 (5).

Contents of notice

(6)  The notice 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 the officer’s 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. 4, s. 24 (6).

Order for tracking

25.  (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. 4, s. 25 (1).

Issuance of order

(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 any thing described in the order if the justice is satisfied by evidence under oath that there are reasonable grounds to believe that,

(a) an offence against this Act has been or will be committed; and

(b) information concerning the offence will be obtained through the use of the device, technique or procedure or the doing of the thing. 2002, c. 4, s. 25 (2).

Limitation

(3)  An order under this section shall not authorize the interception of any private communication. 2002, c. 4, s. 25 (3).

Same

(4)  No device, technique or procedure shall be used to intercept any private communication under an order issued under this section. 2002, c. 4, s. 25 (4).

Conditions of order

(5)  An order issued under this section shall contain the conditions that the justice considers advisable in the circumstances. 2002, c. 4, s. 25 (5).

Activities under order

(6)  An order issued under this section may authorize a provincial officer to,

(a) place, install, maintain or remove a device in or on any land, place or thing; and

(b) monitor, or have monitored, a device or information from a device placed or installed in or on any land, place or thing. 2002, c. 4, s. 25 (6).

Duration of order

(7)  An order issued under this section is valid for a period of 60 days or for whatever shorter period is specified in the order. 2002, c. 4, s. 25 (7).

Further orders

(8)  A justice may issue further orders under subsection (2). 2002, c. 4, s. 25 (8).

Police assistance

26.  (1)  Whenever a provincial officer is required or empowered by this Act or the regulations to do or direct the doing of any thing, the officer may,

(a) take those steps and employ the assistance that is necessary to accomplish what is required; and

(b) when obstructed in so doing, call for the assistance of any member of the Ontario Provincial Police or the municipal police force in the area where the assistance is required. 2002, c. 4, s. 26 (1).

Same

(2)  It is the duty of every member of a police force called to render assistance under clause (1) (b) to render the assistance. 2002, c. 4, s. 26 (2).

Restoration of excavation

27.  A provincial officer who makes or causes the making of an excavation in the course of performing 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. 4, s. 27.

Matters confidential

28.  (1)  Except as to information in respect of the discharge of materials containing nutrients into the natural environment, every provincial officer shall preserve secrecy in respect of all matters that come to the officer’s knowledge in the course of any inspection under this Act or the regulations and shall not communicate the matters to any person except,

(a) as may be required in connection with the administration of,

(i) this Act or a prescribed Act,

(ii) the regulations made under this Act or a prescribed Act, or

(iii) any proceeding under an Act mentioned in subclause (i) or the regulations made under that Act;

(a.1) as authorized under the Regulatory Modernization Act, 2007;

(b) to the officer’s counsel; or

(c) with the consent of the person to whom the information relates. 2002, c. 4, s. 28 (1); 2007, c. 4, s. 37.

Testimony in civil suit

(2)  Except in a proceeding described in subclause (1) (a) (iii), no provincial officer shall be required to give testimony, other than testimony in respect of the discharge of materials containing nutrients into the natural environment, in any civil suit or proceeding with regard to information obtained by the officer in the course of the administration of this Act or the regulations. 2002, c. 4, s. 28 (2).

Orders

Order for preventive measures

29.  (1)  A provincial officer or Director may issue an order to any person who owns or who has management or control of lands or premises that the officer or Director, as the case may be, is authorized to enter under section 13, 14 or 16 if the officer or Director, as the case may be, has reasonable grounds to believe that an adverse effect described in subsection 18 (3) will result or is likely to result if materials containing nutrients are discharged into the natural environment, other than the air, from anything undertaken on or in the lands and premises. 2002, c. 4, s. 29 (1).

Information 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) specify that the person to whom the order is directed has the right to request,

(i) a review of the order by a Director in accordance with section 32, if the order is made by the provincial officer, or

(ii) a hearing by the Tribunal in accordance with section 9, if the order is made or deemed to be made by a Director. 2002, c. 4, s. 29 (2).

Contents of order

(3)  The order may require the person to whom it is directed to,

(a) take, within the time specified, whatever steps are specified in it to prevent, decrease or eliminate an adverse effect described in subsection 18 (3) that will result or is likely to result from the discharge of materials containing nutrients into the natural environment, other than the air, from anything undertaken on or in the lands and premises; and

(b) report to the provincial officer, within the time specified, on the steps mentioned in clause (a). 2002, c. 4, s. 29 (3).

Compliance

(4)  A person who is served with an order made under subsection (1) shall comply with the order within the period of time specified in the order. 2002, c. 4, s. 29 (4).

Compliance order

30.  (1)  A provincial officer or Director who has reasonable grounds to believe that a person has contravened a provision of this Act or the regulations or a condition of a certificate, licence or approval may make an order directing the person to comply with the Act, regulations, certificate, licence or approval, as the case may be, immediately or within the time specified in the order. 2002, c. 4, s. 30 (1).

Contents of order

(2)  The order shall,

(a) specify the provisions of this Act or the regulations or the conditions of a certificate, licence or approval that the provincial officer believes the person to have contravened;

(b) briefly describe the nature and, where applicable, the location of the contravention;

(c) describe the action that is required to correct the contravention and the time within which the person is required to ensure that the action is taken; and

(d) specify that the person has the right to request,

(i) a review of the order by a Director in accordance with section 32, if the order is made by the provincial officer, or

(ii) a hearing by the Tribunal in accordance with section 9, if the order is made or deemed to be made by a Director. 2002, c. 4, s. 30 (2).

Service

(3)  The provincial officer or Director who makes the order shall have it served on the person. 2002, c. 4, s. 30 (3).

Compliance

(4)  A person who is served with an order made under subsection (1) shall comply with the order within the period of time specified in the order. 2002, c. 4, s. 30 (4).

Amendment or revocation of order

31.  (1)  If a provincial officer makes an order under subsection 29 (1) or 30 (1), the officer or a Director may, by order, amend or revoke it. 2002, c. 4, s. 31 (1).

Notice

(2)  Upon amending or revoking an order under subsection (1), the provincial officer or Director shall give written notice of the amendment or revocation to the person to whom the order is directed. 2002, c. 4, s. 31 (2).

Review of order

32.  (1)  A person to whom an order made by a provincial officer under subsection 29 (1) or 30 (1) is directed may, within seven days after being served with a copy of the order, request that a Director review the order. 2002, c. 4, s. 32 (1).

Form of 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. 4, s. 32 (2).

Contents of request

(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 person is requesting the review;

(b) any submissions that the person wishes the Director to consider; and

(c) for the purpose of subsection (7), an address for service by mail or by electronic facsimile transmission or by whatever other means of service that the regulations specify. 2002, c. 4, s. 32 (3).

No automatic stay

(4)  The request for review does not stay the order, unless the Director orders otherwise in writing. 2002, c. 4, s. 32 (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 alter the order of the provincial officer. 2002, c. 4, s. 32 (5).

Same

(6)  For the purposes of subsection (5), the Director may substitute the Director’s own opinion for that of the provincial officer. 2002, c. 4, s. 32 (6).

Notice of decision

(7)  The Director shall serve the person requesting the review with a copy of,

(a) the decision, if the Director decides to revoke the order of the provincial officer; or

(b) the Director’s order and reasons for it, if the Director confirms or alters the order of the provincial officer. 2002, c. 4, s. 32 (7).

Deemed 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 in accordance with subsection (1) or (2), the Director does not make a decision under subsection (5) and give oral or written notice of the decision to the person requesting the review, the Director shall be deemed to have made an order confirming the order of the provincial officer. 2002, c. 4, s. 32 (8).

Notice

(9)  For the purpose of an appeal to the Tribunal, a confirming order that subsection (8) deems the Director to have made, shall be deemed,

(a) to be directed to each person to whom the order of the provincial officer was directed; and

(b) to have been served, on each person to whom the order of the provincial officer was directed, at the expiry of the time period mentioned in subsection (8). 2002, c. 4, s. 32 (9).

PART V
REMEDIAL WORK DONE BY MINISTRY

Minister’s action

33.  If an order or decision made under section 29, 30, 31 or 32 is stayed, the Minister may cause to be done any thing required by the order or decision. 2002, c. 4, s. 33.

Director’s order

34.  (1)  If an order or decision made u