Français

Environmental Protection Act

R.S.O. 1990, CHAPTER E.19

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

Last amendment: 2007, c. 7, Sched. 13.

SKIP TABLE OF CONTENTS

CONTENTS

Interpretation

1.  (1)  In this Act,

“adverse effect” means one or more of,

(a) impairment of the quality of the natural environment for any use that can be made of it,

(b) injury or damage to property or to plant or animal life,

(c) harm or material discomfort to any person,

(d) an adverse effect on the health of any person,

(e) impairment of the safety of any person,

(f) rendering any property or plant or animal life unfit for human use,

(g) loss of enjoyment of normal use of property, and

(h) interference with the normal conduct of business; (“conséquence préjudiciable”)

“air” means open air not enclosed in a building, structure, machine, chimney, stack or flue; (“air”)

“analyst” means an analyst appointed under this Act; (“analyste”)

“certificate of property use” means a certificate of property use issued under section 168.6; (“certificat d’usage d’un bien”)

“certification date” means, in respect of a record of site condition, a date determined in accordance with the regulations that is not later than the date the record of site condition is filed in the Environmental Site Registry; (“date d’attestation”)

“contaminant” means any solid, liquid, gas, odour, heat, sound, vibration, radiation or combination of any of them resulting directly or indirectly from human activities that causes or may cause an adverse effect; (“contaminant”)

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

“document” includes a sound recording, videotape, film, photograph, chart, graph, map, plan, survey, book of account and information recorded or stored by means of any device; (“document”)

“environmental penalty” means a penalty imposed under section 182.1; (“pénalité environnementale”)

“fiduciary” means an executor, administrator, administrator with the will annexed, trustee, guardian of property or attorney for property, but does not include a trustee in bankruptcy or trustee in bankruptcy representative; (“représentant fiduciaire”)

“fiduciary representative” means, with respect to a fiduciary, an officer, director, employee or agent of the fiduciary, or a lawyer, consultant or other advisor of the fiduciary who is acting on behalf of the fiduciary; (“représentant d’un représentant fiduciaire”)

“inspection” includes an audit, examination, survey, test and inquiry; (“inspection”)

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

“land” means surface land not enclosed in a building, land covered by water and all subsoil, or any combination or part thereof; (“terrain”)

“Minister” means the Minister of the Environment; (“ministre”)

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

“municipal representative” means, with respect to a municipality, an officer, employee or agent of the municipality, or a lawyer, consultant or other advisor of the municipality who is acting on behalf of the municipality; (“représentant municipal”)

“municipality” includes a local board, as defined in the Municipal Affairs Act, and a board, commission or other local authority exercising any power with respect to municipal affairs or purposes, including school purposes, in an unorganized township or unsurveyed territory; (“municipalité”)

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

“person” includes a municipality as defined in this subsection; (“personne”)

“person responsible” means the owner, or the person in occupation or having the charge, management or control of a source of contaminant; (“personne responsable”)

“place” includes a building, structure, machine, vehicle or vessel; (“lieu”)

“provincial officer” means a person who is designated by the Minister as a provincial officer for the purposes of this Act and the regulations; (“agent provincial”)

“receiver” means a person who has been appointed to take or who has taken possession or control of property pursuant to a mortgage, hypothec, pledge, charge, lien, security interest, encumbrance or privilege or pursuant to an order of a court, and includes a receiver-manager and an interim receiver; (“séquestre”)

“receiver representative” means, with respect to a receiver, an officer, director, employee or agent of the receiver, or a lawyer, consultant or other advisor of the receiver who is acting on behalf of the receiver; (“représentant d’un séquestre”)

“regulated person” means,

(a) a person who belongs to a class of persons prescribed by the regulations and who holds or is required to hold,

(i) a certificate of approval, provisional certificate of approval, certificate of property use, licence or permit under this Act, or

(ii) an approval, licence or permit under the Ontario Water Resources Act, or

(b) a corporation that belongs to a class of corporations prescribed by the regulations; (“personne réglementée”)

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

“secured creditor” means a person who holds a mortgage, hypothec, pledge, charge, lien, security interest, encumbrance or privilege on or against property, but does not include a person who has taken possession or control of the property; (“créancier garanti”)

“secured creditor representative” means, with respect to a secured creditor, an officer, director, employee or agent of the secured creditor, or a lawyer, consultant or other advisor of the secured creditor who is acting on behalf of the secured creditor; (“représentant d’un créancier garanti”)

“source of contaminant” means anything that discharges into the natural environment any contaminant; (“source de contamination”)

“Tribunal” means the Environmental Review Tribunal; (“Tribunal”)

“trustee in bankruptcy representative” means, with respect to a trustee in bankruptcy, an officer, director, employee or agent of the trustee in bankruptcy, or a lawyer, consultant or other advisor of the trustee in bankruptcy who is acting on behalf of the trustee in bankruptcy; (“représentant d’un syndic de faillite”)

“water” means surface water and ground water, or either of them. (“eau”) R.S.O. 1990, c. E.19, s. 1 (1); 1992, c. 1, s. 22; 1998, c. 35, s. 1; 2000, c. 26, Sched. F, s. 12 (1-3); 2001, c. 9, Sched. G, s. 5 (1); 2001, c. 17, s. 2 (1); 2002, c. 17, Sched. F, Table; 2005, c. 12, s. 1 (1-3).

Idem, Director

(2)  In this Act,

“the Director” means a Director appointed under section 5. R.S.O. 1990, c. E.19, s. 1 (2).

Idem, penalties

(3)  A municipality that is convicted of an offence under this Act is liable to the penalty provided for a corporation convicted of the offence. R.S.O. 1990, c. E.19, s. 1 (3).

Health or safety

(4)  For the purposes of this Act, a danger to existing water supplies that are used for human consumption shall be deemed to be a danger to the health or safety of persons. 2001, c. 17, s. 2 (2).

Secondary discharge within building

2.  A contaminant that is discharged into the air within a building or structure as a result of the discharge of the same or another contaminant in another building or structure shall be deemed to be discharged into the natural environment by the owner or the person who has the charge, management or control of the contaminant discharged in the other building or structure. R.S.O. 1990, c. E.19, s. 2.

PART I
ADMINISTRATION

Purpose of Act

3.  (1)  The purpose of this Act is to provide for the protection and conservation of the natural environment. R.S.O. 1990, c. E.19, s. 3.

Extra-provincial environment

(2)  No action taken under this Act is invalid by reason only that the action was taken for the purpose of the protection, conservation or management of the environment outside Ontario’s borders.

Idem

(3)  Subsection (2) applies even if the action was taken before the coming into force of that subsection. 1992, c. 1, s. 23.

Powers and duties of Minister

4.  (1)  The Minister, for the purposes of the administration and enforcement of this Act and the regulations, may,

(a) investigate problems of pollution, waste management, waste disposal, litter management and litter disposal;

(b) conduct research related to contaminants, pollution, waste management, waste disposal, litter management and litter disposal;

(c) conduct studies of the quality of the natural environment, meteorological studies, and monitoring programs;

(d) conduct studies of environmental planning designed to lead to the wise use of the natural environment;

(e) convene conferences and conduct seminars and educational and training programs relating to contaminants, pollution, waste and litter;

(f) gather, publish and disseminate information relating to contaminants, pollution, waste and litter;

(g) make grants and loans in such amounts and upon such terms as the Minister considers advisable for,

(i) research and training in relation to contaminants, pollution, waste, litter and the reduction of waste and the reuse and recycling of materials that are or could become waste,

(ii) planning, operating, developing, improving and enlarging waste management systems, waste disposal sites and programs to encourage the reduction of waste or the reuse or recycling of materials that are or could become waste, and

(iii) discontinuing waste management systems or reduction, reuse or recycling programs or closing waste disposal sites;

(h) establish and operate demonstration and experimental sewage systems under Part VIII, waste management systems, waste disposal sites and programs concerning the reduction of waste or the reuse or recycling of materials that are or could become waste;

(i) appoint committees to perform such advisory functions as the Minister considers advisable;

(j) with the approval of the Lieutenant Governor in Council, enter into an agreement with any government or person relating to the protection or conservation of the natural environment;

(k) establish and operate, use, alter, enlarge and extend waste management systems or waste disposal sites; and

(l) discontinue systems and close sites referred to in clause (k). R.S.O. 1990, c. E.19, s. 4; 1992, c. 1, s. 24 (1, 2).

Limitation

(2)  A waste disposal site or waste management system shall not be established under clause (1) (k) in a municipality for any function relating to waste from a source within the municipality or to existing waste located within the municipality unless,

(a) the municipality does not have a waste disposal site or waste management system that is adequate and available to perform that function for the waste; or

(b) the municipality consents to the establishment of the site or system. 1992, c. 1, s. 24 (3).

Delegation

(3)  The Minister may delegate any of his or her powers under subsection (1) to the Director. 1992, c. 1, s. 24 (4).

Appointments

Directors

5.  (1)  The Minister may in writing appoint as Directors any of the following persons as the Minister considers necessary in respect of the sections of this Act or of the regulations that are set out in the appointments:

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. 36 (1).

Analysts and provincial officers

(2)  The Minister may in writing appoint as analysts or designate as provincial officers any of the following persons as the Minister considers necessary in respect of the sections of any Act administered by the Minister or of the regulations under such Act that are set out in the appointments or designations:

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. 36 (1).

Limitation of authority

(3)  The Minister, in an appointment or designation under subsection (1) or (2), may limit the authority of a Director, analyst or provincial officer in such manner as the Minister considers necessary or advisable. R.S.O. 1990, c. E.19, s. 5 (3).

Provincial officers

(4)  A provincial officer is a peace officer for the purpose of enforcing this Act. 1998, c. 35, s. 2.

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. 1998, c. 35, s. 2.

PART II
GENERAL PROVISIONS

Prohibition, contamination generally

6.  (1)  No person shall discharge into the natural environment any contaminant, and no person responsible for a source of contaminant shall permit the discharge into the natural environment of any contaminant from the source of contaminant, in an amount, concentration or level in excess of that prescribed by the regulations. R.S.O. 1990, c. E.19, s. 6 (1).

Exception

(2)  Subsection (1) does not apply to animal wastes disposed of in accordance with both normal farming practices and the regulations made under the Nutrient Management Act, 2002. 2002, c. 4, s. 62 (1).

Control orders

7.  (1)  When the report of a provincial officer contains a finding that a contaminant discharged into the natural environment is a contaminant the use of which is prohibited by the regulations or is being discharged in contravention of section 14 or the regulations, the Director may issue a control order directed to,

(a) an owner or previous owner of the source of contaminant;

(b) a person who is or was in occupation of the source of contaminant; or

(c) a person who has or had the charge, management or control of the source of contaminant.

Contravention of s. 14

(1.1)  No order shall be issued under subsection (1) as a result of a finding that a contaminant is being discharged in contravention of section 14 unless the contravention causes or is likely to cause an adverse effect. 2005, c. 12, s. 1 (4).

Public notice

(2)  The Director shall give notice of the control order to every municipality in which the contaminant is discharged and to the public in such manner as the Director considers appropriate. R.S.O. 1990, c. E.19, s. 7.

Stop orders

8.  (1)  When the Director, upon reasonable and probable grounds, is of the opinion that a source of contaminant is discharging into the natural environment any contaminant that constitutes, or the amount, concentration or level of which constitutes, an immediate danger to human life, the health of any persons, or to property, the Director may issue a stop order directed to,

(a) an owner or previous owner of the source of contaminant;

(b) a person who is or was in occupation of the source of contaminant; or

(c) a person who has or had the charge, management or control of the source of contaminant.

Public notice

(2)  The Director shall give notice of the stop order to every municipality in which the contaminant is discharged and to the public in such manner as the Director considers appropriate. R.S.O. 1990, c. E.19, s. 8.

Approval of Director, plant or production process

9.  (1)  No person shall, except under and in accordance with a certificate of approval issued by the Director,

(a) construct, alter, extend or replace any plant, structure, equipment, apparatus, mechanism or thing that may discharge or from which may be discharged a contaminant into any part of the natural environment other than water; or

(b) alter a process or rate of production with the result that a contaminant may be discharged into any part of the natural environment other than water or the rate or manner of discharge of a contaminant into any part of the natural environment other than water may be altered. R.S.O. 1990, c. E.19, s. 9 (1).

Director may require information

(2)  The Director may require an applicant for a certificate of approval under subsection (1) to submit any plans, specifications and other information and to carry out and report on any tests or experiments relating to the plant, structure, equipment, apparatus, mechanism or thing or to the methods and devices to be employed to control or prevent the discharge of any contaminant into any part of the natural environment other than water and, subject to subsection (4), the Director may issue a certificate of approval. R.S.O. 1990, c. E.19, s. 9 (2).

Exceptions

(3)  Subsection (1) does not apply to,

(a) routine maintenance carried out on any plant, structure, equipment, apparatus, mechanism or thing;

(b) equipment for the combustion of fuel, other than waste incinerators, in buildings or structures designed for the housing of not more than three families;

(c) any equipment, apparatus, mechanism or thing in or used in connection with a building or structure designed for the housing of not more than three families where the only contaminant produced by such equipment, apparatus, mechanism or thing is sound or vibration;

(d) any plant, structure, equipment, apparatus, mechanism or thing that may be a source of contaminant of a class exempted therefrom by the regulations;

(e) any plant, structure, equipment, apparatus, mechanism or thing used in agriculture;

(f) any motor or motor vehicle that is subject to Part III. R.S.O. 1990, c. E.19, s. 9 (3).

Powers of Director

(4)  The Director may refuse to issue a certificate of approval or may issue a certificate of approval on such terms and conditions as the Director considers necessary,

(a) to ensure that any construction, alteration, extension, replacement, use or operation of a plant, structure, equipment, apparatus, mechanism or thing referred to in clause (1) (a) or that any alteration of a process or rate of production referred to in clause (1) (b) will result in compliance with this Act and the regulations and any order, approval or certificate of property use hereunder; or

(b) on probable grounds, to prevent or alleviate an adverse effect. R.S.O. 1990, c. E.19, s. 9 (4); 2001, c. 17, s. 2 (3).

Idem

(5)  The Director may,

(a) alter any terms and conditions in a certificate of approval or impose new terms and conditions; or

(b) revoke or suspend a certificate of approval,

as the Director considers necessary for the reasons set out in clause (4) (a) or (b). R.S.O. 1990, c. E.19, s. 9 (5).

Exception

(6)  A person to whom the Director has issued a certificate of approval under subsection (1) may make any changes in respect of which it is impractical to first obtain an amendment to the certificate if,

(a) the changes are not capable of increasing the potential for discharge of a contaminant into the natural environment; and

(b) the Director is notified in writing forthwith of the changes. R.S.O. 1990, c. E.19, s. 9 (6).

No use or operation without certificate of approval

(7)  No person shall use or operate a plant, structure, equipment, apparatus, mechanism or thing for which a certificate of approval is required under clause (1) (a) unless the required certificate of approval has been issued and complied with. R.S.O. 1990, c. E.19, s. 9 (7).

Program for dealing with contamination

10.  (1)  A person responsible for a source of contaminant may submit to the Director a program to prevent or to reduce and control the discharge into the natural environment of any contaminant from the source of contaminant.

Referral of program

(2)  When a program referred to in subsection (1) is submitted to the Director, the Director may, with the consent of the Minister, refer the program to the Environmental Council for its consideration and advice.

Approval of program

(3)  The Director may issue a program approval, directed to the person who submitted the program. R.S.O. 1990, c. E.19, s. 10.

Program approvals

11.  (1)  The Director shall, in a program approval,

(a) set out the name of the person to whom the approval is directed;

(b) set out the location and nature of the source of contaminant;

(c) set out the details of the program; and

(d) approve the program.

Amendment or revocation

(2)  The Director may, by order, amend or revoke a program approval that was issued in error or that no longer adequately provides for the protection and conservation of the natural environment.

Amendment or revocation on consent

(3)  The Director may, by order, amend or revoke a program approval with the consent of the person to whom the program approval is directed.

No hearing for amendment or revocation on consent

(4)  Subsection 140 (1) does not entitle any person to a hearing in respect of an amendment or revocation of a program approval in accordance with a consent mentioned in subsection (3). R.S.O. 1990, c. E.19, s. 11.

Program approvals, order not to prevent control or stop order

12.  Despite the issue of a program approval or order, when the Director is of the opinion, based upon reasonable and probable grounds, that it is necessary or advisable for the protection or conservation of the natural environment, the prevention or control of an immediate danger to human life, the health of any persons or to property, the Director may issue a stop order or a control order directed to the person responsible. R.S.O. 1990, c. E.19, s. 12.

Ministry to be notified when contamination exceeds permitted level

13.  (1)  Every person,

(a) who discharges into the natural environment; or

(b) who is the person responsible for a source of contaminant that discharges into the natural environment,

any contaminant in an amount, concentration or level in excess of that prescribed by the regulations shall forthwith notify the Ministry of the discharge.

Exception

(2)  Subsection (1) does not apply to animal wastes disposed of in accordance with normal farming practices. R.S.O. 1990, c. E.19, s. 13.

Prohibition, discharge of contaminant

14.  (1)  Subject to subsection (2) but despite any other provision of this Act or the regulations, a person shall not discharge a contaminant or cause or permit the discharge of a contaminant into the natural environment, if the discharge causes or may cause an adverse effect. 2005, c. 12, s. 1 (5).

Exceptions

(2)  Subsection (1) does not apply to,

(a) a discharge that is authorized under this Act or the Ontario Water Resources Act, if the discharge does not cause and is not likely to cause an adverse effect; or

(b) a discharge of a contaminant that arises when animal wastes are disposed of in accordance with normal farming practices, if the only adverse effect that is caused or that may be caused by the discharge is an adverse effect referred to in clause (a) of the definition of “adverse effect” in subsection 1 (1). 2005, c. 12, s. 1 (5).

When Ministry to be notified, adverse effect

15.  (1)  Every person who discharges a contaminant or causes or permits the discharge of a contaminant into the natural environment shall forthwith notify the Ministry if the discharge is out of the normal course of events, the discharge causes or is likely to cause an adverse effect and the person is not otherwise required to notify the Ministry under section 92. 2005, c. 12, s. 1 (6).

Same

(1.1)  The notice required by subsection (1) shall be given in accordance with any requirements prescribed by the regulations. 2005, c. 12, s. 1 (6).

Exception

(2)  Subsection (1) does not apply to animal wastes disposed of in accordance with normal farming practices. R.S.O. 1990, c. E.19, s. 15.

Application of Part not restricted

16.  Unless otherwise required by the context, the provisions of this Part also apply to the subject-matter of the individual Parts of this Act. R.S.O. 1990, c. E.19, s. 16.

Remedial orders

17.  Where any person causes or permits the discharge of a contaminant into the natural environment, so that land, water, property, animal life, plant life, or human health or safety is injured, damaged or endangered, or is likely to be injured, damaged or endangered, the Director may order the person to,

(a) repair the injury or damage;

(b) prevent the injury or damage; or

(c) where the discharge has damaged or endangered or is likely to damage or endanger existing water supplies, provide temporary or permanent alternate water supplies. R.S.O. 1990, c. E.19, s. 17; 2005, c. 12, s. 1 (7).

Order by Director re preventive measures

18.  (1)  The Director, in the circumstances mentioned in subsection (2), by a written order may require a person who owns or owned or who has or had management or control of an undertaking or property to do any one or more of the following:

1. To have available at all times, or during such periods of time as are specified in the order, the equipment, material and personnel specified in the order at the locations specified in the order.

2. To obtain, construct and install or modify the devices, equipment and facilities specified in the order at the locations and in the manner specified in the order.

3. To implement procedures specified in the order.

4. To take all steps necessary so that procedures specified in the order will be implemented in the event that a contaminant is discharged into the natural environment from the undertaking or property.

5. To monitor and record the presence or discharge of a contaminant specified in the order and to report thereon to the Director.

6. To study and to report to the Director on,

i. the presence or discharge of a contaminant specified in the order,

ii. the effects of the presence or discharge of a contaminant specified in the order,

iii. measures to control the presence or discharge of a contaminant specified in the order,

iv. the natural environment into which a contaminant specified in the order may be discharged.

7. To develop and implement plans to,

i. reduce the amount of a contaminant that is discharged into the natural environment,

ii. prevent or reduce the risk of a spill of a pollutant within the meaning of Part X, or

iii. prevent, decrease or eliminate any adverse effects that result or may result from a spill of a pollutant within the meaning of Part X or from any other discharge of a contaminant into the natural environment, including,

A. plans to notify the Ministry, other public authorities and members of the public who may be affected by a discharge, and

B. plans to ensure that appropriate equipment, material and personnel are available to respond to a discharge.

8. To amend a plan developed under paragraph 7 or section 91.1 in the manner specified in the order. R.S.O. 1990, c. E.19, s. 18 (1); 2005, c. 12, s. 1 (8, 9).

Grounds for order

(2)  The Director may make an order under this section if the Director is of the opinion, on reasonable and probable grounds, that the requirements specified in the order are necessary or advisable so as,

(a) to prevent or reduce the risk of a discharge of a contaminant into the natural environment from the undertaking or property; or

(b) to prevent, decrease or eliminate an adverse effect that may result from,

(i) the discharge of a contaminant from the undertaking, or

(ii) the presence or discharge of a contaminant in, on or under the property. 2005, c. 12, s. 1 (10).

Instruments under Act, who is bound

Successors and assigns

19.  (1)  A certificate of property use or an order or approval of a court, the Minister, the Director or a provincial officer under this Act is binding on the executor, administrator, administrator with the will annexed, guardian of property or attorney for property of the person to whom it was directed, and on any other successor or assignee of the person to whom it was directed. 2001, c. 17, s. 2 (4).

Limitation

(2)  If, pursuant to subsection (1), an order is binding on an executor, administrator, administrator with the will annexed, guardian of property or attorney for property, their obligation to incur costs to comply with the order is limited to the value of the assets they hold or administer, less their reasonable costs of holding or administering the assets. 2001, c. 17, s. 2 (4).

Receivers and trustees

(3)  A certificate of property use or an order or approval of a court, the Minister, the Director or a provincial officer under this Act that relates to property is binding on a receiver or trustee that holds or administers the property. 2001, c. 17, s. 2 (4).

Limitation

(4)  If, pursuant to subsection (3), an order is binding on a trustee, other than a trustee in bankruptcy, the trustee’s obligation to incur costs to comply with the order is limited to the value of the assets held or administered by the trustee, less the trustee’s reasonable costs of holding or administering the assets. 2001, c. 17, s. 2 (4).

Exception

(5)  Subsection (3) does not apply to an order that relates to property held or administered by a receiver or trustee in bankruptcy if,

(a) within 10 days after taking or being appointed to take possession or control of the property, or within 10 days after the issuance of the order, the receiver or trustee in bankruptcy notifies the Director that they have abandoned, disposed of or otherwise released their interest in the property; or

(b) the order was stayed under Part I of the Bankruptcy and Insolvency Act (Canada) and the receiver or trustee in bankruptcy notified the Director, before the stay expired, that they abandoned, disposed of or otherwise released their interest in the property. 2001, c. 17, s. 2 (4).

Extension of period

(6)  The Director may extend the 10-day period for giving notice under clause (5) (a), before or after it expires, on such terms and conditions as he or she considers appropriate. 2001, c. 17, s. 2 (4).

Notice under subs. (5)

(7)  Notice under clause (5) (a) or (b) must be given in the manner prescribed by the regulations. 2001, c. 17, s. 2 (4).

Holder

(8)  For the purposes of this Act, a person who is bound by a certificate of property use or approval under this section shall be deemed to be the holder of the certificate or approval. 2001, c. 17, s. 2 (4).

Index record

(9)  The Ministry shall maintain an alphabetical index record of the names of all persons to whom orders, approvals or certificates of property use are directed under this Act. 2001, c. 17, s. 2 (4).

Expiry of order, etc.

(10)  When an order, approval or certificate of property use has expired or is revoked or set aside, the Ministry shall note that fact in the index record. 2001, c. 17, s. 2 (4).

Search of index record

(11)  The Ministry shall, on the request of any person, make a search of the index record and inform the person making the request as to whether or not the name of a particular person appears in the index record and shall permit inspection of any order, approval or certificate of property use relating to that person. 2001, c. 17, s. 2 (4).

Crown bound

20.  This Act is binding upon the Crown. R.S.O. 1990, c. E.19, s. 20.

PART III
MOTORS AND MOTOR VEHICLES

Definitions, Part III

21.  In this Part,

“motor” means an internal combustion engine used in a vehicle; (“moteur”)

“motor vehicle” means a vehicle that uses or incorporates a motor as a source of power. (“véhicule automobile”) R.S.O. 1990, c. E.19, s. 21.

Motors and motor vehicles, environmental controls

Sale of motor vehicle that does not comply with regulations

22.  (1)  No person shall sell, or offer, expose or advertise for sale, a motor or motor vehicle that does not comply with the regulations.

Where system or device installed on motor vehicle

(2)  Where a manufacturer installs on, attaches to or incorporates in any motor or motor vehicle, a system or device to prevent or lessen the discharge of any contaminant, no person shall sell, or offer, expose or advertise for sale, such motor or motor vehicle unless the motor or motor vehicle has such system or device so installed, attached or incorporated and such system or device, when the motor or motor vehicle is operating, complies with the regulations. R.S.O. 1990, c. E.19, s. 22 (1, 2).

Repair or replacement of system or device

(3)  Where a manufacturer installs on, attaches to or incorporates in any motor or motor vehicle, a system or device to prevent or lessen the discharge of any contaminant, no person shall remove or cause or permit the removal of the system or device from the motor or motor vehicle, except as permitted by subsection (4).

Same

(4)  A person may repair the system or device or replace the system or device by a system or device of the same type or of a type prescribed by the regulations. 1998, c. 35, s. 3.

Operation of motor or motor vehicle

23.  (1)  Except where necessary for test or repair purposes, no person shall operate or cause or permit the operation of a motor or motor vehicle or any class or type thereof that does not comply with the regulations.

Where system or device required

(2)  Where a manufacturer installs on, attaches to or incorporates in any motor or motor vehicle a system or device to prevent or lessen the discharge of any contaminant, the owner of such motor or motor vehicle shall not operate or cause or permit the operation of such motor or motor vehicle nor shall any person knowingly operate or cause or permit its operation unless such motor or motor vehicle has installed on, attached to or incorporated in it such system or device, and such system or device operates in accordance with the regulations when the motor or motor vehicle is in operation. R.S.O. 1990, c. E.19, s. 23.

PART IV
WATER

Ice shelters

24.  (1)  In this section,

“ice shelter” means any structure that is located on or over ice over any water for more than one day and that is or may be used for shelter, privacy or the storage or sale of any thing; (“abri sur glace”)

“owner”, when used in relation to an ice shelter, includes a person who has the right to use or occupy the ice shelter; (“propriétaire”)

“waste” means human excrement or any refuse that is discharged or deposited in or from an ice shelter. (“déchets”) R.S.O. 1990, c. E.19, s. 24 (1).

Discharge of waste prohibited

(2)  No person shall discharge or cause or permit the discharge of any waste on ice over any water except in accordance with the regulations. R.S.O. 1990, c. E.19, s. 24 (2).

Removal of ice shelter by provincial officer

(3)  Except as provided in subsection (4), where an ice shelter is placed or allowed to remain on ice over any water in contravention of the regulations, a provincial officer may remove the ice shelter or cause it to be removed,

(a) where the provincial officer is able to determine the name and address of the owner, after service of notice upon the owner at least seven days before the date of the removal; or

(b) where the provincial officer is unable to determine the name and address of the owner, forthwith. R.S.O. 1990, c. E.19, s. 24 (3).

Idem, out of season

(4)  Where an ice shelter is placed or allowed to remain on ice over any water beyond the dates prescribed by the regulations within which ice shelters may be placed, allowed to remain or used on or over ice over any water, a provincial officer may remove the ice shelter or cause it to be removed without serving prior notice upon the owner, but where the provincial officer is able to determine the name and address of the owner, notice of the removal shall be served upon the owner forthwith after the removal. R.S.O. 1990, c. E.19, s. 24 (4).

Where owner may retake possession of ice shelter

(5)  Except where an ice shelter has been destroyed in the course of removal, the owner of an ice shelter that has been removed pursuant to subsection (3) or (4) may take possession of the ice shelter within thirty days of the removal or of service of the notice mentioned in subsection (3), whichever is later, or within thirty days after service of the notice mentioned in subsection (4), as the case requires, upon payment to the Minister of Finance of the costs and charges for removal and storage of the ice shelter. R.S.O. 1990, c. E.19, s. 24 (5); 2001, c. 9, Sched. G, s. 5 (22).

Where provincial officer may dispose of ice shelter

(6)  Where the owner of an ice shelter that has been removed pursuant to subsection (3) or (4) does not take possession of the ice shelter pursuant to subsection (5),

(a) a provincial officer may dispose of the ice shelter without compensation therefor; and

(b) the owner is divested of ownership of the ice shelter and, where the ice shelter is disposed of to any person, such person shall acquire ownership of the ice shelter free from any right, title or interest of any other person. R.S.O. 1990, c. E.19, s. 24 (6).

Notice

(7)  A notice under subsection (3) or (4) shall be in such form as the regulations may prescribe and shall state that the owner may take possession of the ice shelter pursuant to subsection (5) and that, if such owner does not so take possession, the ice shelter may be disposed of without compensation therefor and, where the ice shelter has been removed or caused to be removed pursuant to subsection (4) and has been damaged or destroyed in the course of the removal, the notice shall state the condition of the ice shelter. R.S.O. 1990, c. E.19, s. 24 (7).

Means of removal

(8)  A provincial officer shall use due care in removing an ice shelter pursuant to subsection (3) or (4) but may use a means of removal that causes damage to or the destruction of the ice shelter if the use of the means of removal is necessary in order to carry out the removal. R.S.O. 1990, c. E.19, s. 24 (8).

Damage or destruction during removal

(9)  Where an ice shelter is removed pursuant to subsection (3) or (4) and the means of removal that is necessary in the circumstances results in damage to or the destruction of the ice shelter, the owner of the ice shelter is not entitled to compensation for the damage or destruction. R.S.O. 1990, c. E.19, s. 24 (9).

PART V
WASTE MANAGEMENT

Definitions, Part V

25.  In this Part,

“operator” means the person in occupation or having the charge, management, or control of a waste management system or a waste disposal site; (“exploitant”)

“owner” includes,

(a) a person that is responsible for the establishment or operation of a waste management system or waste disposal site, or

(b) the person that owns the land in or on which a waste disposal site is located; (“propriétaire”)

“owner”, in section 47, means a person that is responsible for the operation of a well that is a waste disposal site; (“propriétaire”)

“waste” includes ashes, garbage, refuse, domestic waste, industrial waste, or municipal refuse and such other materials as are designated in the regulations; (“déchets”)

“waste disposal site” means,

(a) any land upon, into, in or through which, or building or structure in which, waste is deposited, disposed of, handled, stored, transferred, treated or processed, and

(b) any operation carried out or machinery or equipment used in connection with the depositing, disposal, handling, storage, transfer, treatment or processing referred to in clause (a); (“lieu d’élimination des déchets”)

“waste management system” means any facilities or equipment used in, and any operations carried out for, the management of waste including the collection, handling, transportation, storage, processing or disposal of waste, and may include one or more waste disposal sites. (“système de gestion des déchets”) R.S.O. 1990, c. E.19, s. 25; 1992, c. 1, s. 25.

Application of Part, domestic waste

26.  This Part does not apply to the storage or disposal by any person of the person’s domestic wastes on the person’s own property unless the Director is