Nutrient Management Act, 2002

Bills that amended this Act0

No published amendment links yet for this Act.

Sections156

• [s0]

  PART I purpose, Definitions and Administration

• 1.
• 1Purpose

  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.

• 2.
• 2Definitions

  2 In this Act, “administrative penalty” means a penalty imposed under section 40 or 40.1; (“pénalité administrative”) “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)…

• 3.
• 3Directors

  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…

• 4.
• 4Provincial 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…

• 5.
• 5Analysts

  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). Section Amendments with date in force (d/m/y) 200…

• PART II MANAGEMENT OF MATERIALS CONTAINING NUTRIENTS AND REGULATIONS RESPECTING FARM ANIMALS
• [s6]

  PART II Management of Materials containing Nutrients AND REGULATIONS RESPECTING FARM ANIMALS

• 6.
• Section Amendments with date in force (d/m/y)
• 6Nutrient 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…

• 7.
• 7Regulations, 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
• [s9]

  PART III HEARING BY TRIBUNAL

• 8.
• 8Notice 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).

• 9.
• 10.
• 9Right 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…

• 10No 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 or an order in respect of an administrative penalty. 2002, c. 4, s. 10 (1); 2019, c. 14, Sched. 8, s. 26. 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…

• 11.
• 11Powers 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). Order to pay an administrative penalty (1.1) For greater certainty, if a hearing by the Tribunal is required under this section in relation to an order to pay an administrative penalty, the regulations made under clause 40 (14) (c) governing the determination of the amounts of administrative penalties apply to the Tribunal. 2019, c. 14, Sched. 8, s. 27. Same (1.2) If a hearing by the Tribunal is required under this section in relation to an order t…

• PART IV INSPECTIONS AND ORDERS
• [s14]

  PART IV Inspections and ORDERS

• [s15]

  Inspections

• 12.
• 12Identification

  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.

• 13.
• 13Inspection 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 c…

• 14.
• 14Inspection 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 vessel…

• 15.
• 15Power 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, the Pesticides Act, the Safe Drinking Water Act, 2002 or the Toxics Reduction Act, 2009, 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; (c) section 19, 19.1, 22, 23 or 23.1 of the Pesticides Act; (d) section 81, 82, 91, 92 or 93 of the Safe Drinking Water Act, 2002; or (e) section 15, 20 or 21 of the Toxics Reduction Act, 2009. 2009, c. 19, s. 69 (3). Section Amendments with date in force (d/m/y) 2009, c. 19, s. 69 (3) - 1/01/2010; 2009, c. 19, s. 69 (4) - no effect - see 2009, c. 19, s. 65 - 31/12/2019

• 16.
• 16Order 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 o…

• 17.
• 17Condition 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 the following provisions of any place, other than any room actually used as a dwelling, to which the licence or approval relates: 1. Section 13, 14 or 16 of this Act. 2. Section 156, 156.1 or 158 of the Environmental Protection Act. 3. Section 15, 15.1 or 17 of the Ontario Water Resources Act. 4. Section 19, 19.1 or 20 of the Pesticides Act. 5. Section 81, 82 or 89 of the Safe Drinking Water Act, 2002. 6. Section 15 or 18 of the Toxics Reduction Act, 2009. 2009, c. 19, s. 69 (5). Section Amendments with date in force (d/m/y) 2009, c. 19, s. 69 (5) - 1/01/2010; 2009, c. 19, s. 69 (6) - no effect - see 2009, c. 19, s. 65 - 31/12/2019

• 18.
• 18Order 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, interfer…

• 19.
• 19Order 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 …

• 20.
• 20Securing 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.

• 21.
• 21Use 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.

• 22.
• 22Samples 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.

• 23.
• 23Seizure 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 Offe…

• 24.
• 24Disposition 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 o…

• 25.
• 25Order 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 a…

• 26.
• 26Police 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 police service in the area where the assistance is required. 2002, c. 4, s. 26 (1); 2019, c. 1, Sched. 4, s. 38 (1). Same (2) It is the duty of every member of a police service called to render assistance under clause (1) (b) to render the assistance. 2002, c. 4, s. 26 (2); 2019, c. 1, Sched. 4, s. 38 (2). Section Amendments with date in force (d/m/y) 2018, c. 3, Sched. 5, s. 40 (1, 2) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 38 (1, 2) - 01/04/2024

• 27.
• 27Restoration 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.

• 28.
• [s32]
• 28Matters 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; 2009, c. 19, s. 69 (7). Testimony in civil suit (2) Except in a p…

• Note: On a day to be named by proclamation of the Lieutenant Governor, the French version of section 28 is re-enacted. See: 2009, c. 19, ss. 69 (7), 73 (1).
• 28.1Power to require response to inquiries

  28.1 (1) For the purposes of determining compliance of a person with this Act or the regulations, a provincial officer may, at any reasonable time and with any reasonable assistance, require the person, or any person employed by or providing services to the person, to respond to reasonable inquiries. 2017, c. 2, Sched. 11, s. 3 (1). Same (2) For the purposes of subsection (1), a provincial officer may make inquiries by telephone or by any other means of communication. 2017, c. 2, Sched. 11, s. 3 (1). Production of document (3) In requiring a person to respond to an inquiry under subsection (1), a provincial officer may require the production of any document or data, in any form, required to be kept under this Act and of any other document or data, in any form, related to the purpose of the inquiry. 2017, c. 2, Sched. 11, s. 3 (1). Records in electronic form (4) If a record is retained in…

• 29.
• Section Amendments with date in force (d/m/y) #33
• [s34]

  Orders

• 30.
• 29Order for preventive measures

  29 (1) A provincial officer or Director may issue an order to any of the following persons 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, in or from lands, premises, vehicles or vessels: 1. A person who owns or who has management or control of lands or premises that the provincial officer may enter under section 13 or 16. 2. A person who operates a vehicle or vessel that the provincial officer may signal to stop or that is required to report under section 14. 2017, c. 2, Sched. 11, s. 3 (2). 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) …

• 31.
• 30Compliance 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 …

• 32.
• 31Amendment 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).

• PART V REMEDIAL WORK DONE BY MINISTRY
• [s38]
• 32Review 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 reg…

• 33.
• [s39]

  PART V REMEDIAL WORK DONE BY MINISTRY

• 34.
• 33Minister’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.

• 35.
• 34Director’s order

  34 (1) If an order or decision made under section 29, 30, 31 or 32 is not stayed, a Director may cause to be done any thing required by it if, (a) a person required by the order or decision to do the thing, (i) has refused to comply with or is not complying with the order or decision, (ii) is not likely, in the Director’s opinion, to comply with the order or decision promptly, (iii) is not likely, in the Director’s opinion, to carry out the order or decision competently, or (iv) requests the assistance of the Director in complying with the order or decision; or (b) in the Director’s opinion, it would be in the public interest to do so. 2002, c. 4, s. 34 (1). Notice (2) The Director shall give notice of an intention to cause a thing to be done under subsection (1) to each person required by an order or decision made under this Act to do the thing, except if the identity of the person cann…

• 36.
• 35Entry

  35 (1) A person who is responsible for doing a thing under section 34 may, for the purpose, enter onto any land or into any place where the thing is to be done and any adjacent land or place without an order if, (a) the entry is made with the consent of an occupier or owner of the land or place; or (b) the delay necessary to obtain an order under subsection (2) would result in, (i) danger to the health or safety of any person, (ii) impairment or serious risk of impairment of the quality of the natural environment for any use that can be made of it, or (iii) injury or damage or serious risk of injury or damage to any property or to any plant or animal life. 2002, c. 4, s. 35 (1). Order authorizing entry (2) A justice, who is satisfied on evidence under oath that there are reasonable grounds to believe that entry onto land or into a place is necessary for the purpose of doing a thing under…

• 37.
• 36Order to pay costs

  36 (1) If a person is required to do any thing by an order or decision made under this Act and the Director causes the thing to be done under section 34, the Director may make an order requiring the person, and any other person whom the Director determines is appropriate, to pay the costs of having the thing done. 2002, c. 4, s. 36 (1). Contents of order (2) The order to pay costs shall include, (a) a description of things that the Director caused to be done under this Act; (b) a brief statement of the circumstances giving rise to the Director’s decision to cause the things to be done; (c) a detailed account of the costs incurred in doing the things; and (d) a direction that the person to whom the order is issued pay the costs to the Minister of Finance. 2002, c. 4, s. 36 (2). Increase in cost (3) At a hearing by the Tribunal on an order to pay costs, the Director may, on reasonable noti…

• 38.
• 37Enforcement of order

  37 (1) An order to pay costs may be filed with a local registrar of the Superior Court of Justice and enforced as if it were an order of the court. 2002, c. 4, s. 37 (1). Interest (2) Section 129 of the Courts of Justice Act applies in respect of an order filed with the Superior Court of Justice under subsection (1) and, for the purpose, the date of filing shall be deemed to be the date of the order. 2002, c. 4, s. 37 (2).

• 39.
• 38Lien on real property

  38 (1) For the purposes of subsections (2) and (8), a thing done as a result of activities or conditions on real property is a thing done in connection with that property, whether or not the work is done on that property. 2002, c. 4, s. 38 (1). Costs collected as taxes (2) If an order to pay costs is directed to a person who owns real property in a municipality, and the Director instructs the municipality to recover amounts specified in the order that relate to things done in connection with that property, the municipality shall have a lien on the property for those amounts; they shall be deemed to be municipal taxes in respect of the property and shall be added by the clerk of the municipality to the collector’s roll and collected in the same way and with the same priorities as municipal taxes. 2002, c. 4, s. 38 (2). Same (3) A lien created under subsection (2) in favour of a municipali…

• PART VI ENFORCEMENT
• 39Where lands not owned by farmer

  39 (1) If an order to pay costs is directed to a farmer in respect of work carried out under section 34 on lands or premises that are not owned by the farmer but are used by the farmer as part of an agricultural operation and pursuant to a nutrient management plan, and if the farmer owns land elsewhere in Ontario, the Director who caused the work to be carried out under that section may, (a) in the case of land owned by the farmer in a municipality, instruct the clerk of the municipality to recover the amount of the costs as taxes against the land; or (b) in the case of land owned by the farmer in territory without municipal organization, give written notice to the Minister of Finance of the amount of the costs, requesting the collection of the amount under the Provincial Land Tax Act, 2006. 2002, c. 4, s. 39 (1); 2006, c. 33, Sched. Z.3, s. 23 (2). Municipal taxes (2) Subsections 38 (2)…

• 40.
• Section Amendments with date in force (d/m/y) #46
• [s47]

  PART VI ENFORCEMENT

• 41.
• 40Administrative penalties

  40 (1) The purpose of an administrative penalty issued under this Act is, (a) to ensure compliance with this Act; and (b) to prevent a person or entity from deriving, directly or indirectly, any economic benefit as a result of non-compliance with this Act. 2019, c. 14, Sched. 8, s. 28. Order by Director, Provincial Officer (2) If the Director or, in the circumstances prescribed by the regulations, a provincial officer, is of the opinion that a person has committed a contravention prescribed by the regulations, the Director or provincial officer, as the case may be, may issue an order requiring the person to pay an administrative penalty in respect of the contravention. 2019, c. 14, Sched. 8, s. 28. Prescribed contraventions (3) For the purposes of subsection (2), a prescribed contravention may be in respect of, (a) a provision of this Act or the regulations; (b) a provision of an order u…

• 42.
• 40.1Review of administrative penalty imposed by provincial officer

  40.1 (1) A person who is required by an order issued by a provincial officer to pay an administrative penalty may, within seven days after being served with the order, request that the Director review the order. 2019, c. 14, Sched. 8, s. 28. Request for review (2) A request for a review shall be made in writing and shall include, (a) a statement of whether the review applies to the liability to pay the penalty, the amount of the penalty or both; (b) any submissions that the person requesting the review wishes the Director to consider; and (c) for the purposes of subsection (7), an address for service by mail, fax or such other means of service as the regulations may prescribe. 2019, c. 14, Sched. 8, s. 28. Stay (3) If a person requests a review, the requirement to pay the administrative penalty is stayed until the disposition of the matter. 2019, c. 14, Sched. 8, s. 28. Decision of Direc…

• 43.
• 40.2Failure to pay administrative penalty when required

  40.2 If a person who is required to pay an administrative penalty fails to comply with the requirement, (a) the order that requires payment may be filed with a local registrar of the Superior Court of Justice and the order may be enforced as if it were an order of the court; (b) the Director may, by order, suspend any certificate, licence or approval issued to the person under this Act until the administrative penalty is paid; and (c) the Director may refuse to issue any certificate, licence or approval to the person or refuse to renew any certificate, licence or approval issued to the person under this Act until the administrative penalty is paid. 2019, c. 14, Sched. 8, s. 28. Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 8, s. 28 - 10/12/2019

• 44.
• 40.3Special purpose account

  40.3 Administrative penalties paid under this Act shall be deposited in the account referred to in section 182.2 of the Environmental Protection Act. 2019, c. 14, Sched. 8, s. 28. Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 8, s. 28 - 10/12/2019

• 45.
• 41Order to restrain

  41 (1) If a person contravenes this Act or the regulations, fails to comply with an order under this Act, other than an order under section 36 or fails to comply with a condition of a certificate, licence or approval, the Minister may, in addition to any other remedy and to any penalty imposed by law, apply to the Superior Court of Justice for an order restraining the person from continuing the contravention or failure. 2002, c. 4, s. 41 (1). Court order (2) If a court convicts a person of an offence under this Act, it may, on its own initiative or on application by counsel for the prosecutor, in addition to any other remedy and to any other penalty imposed by law, make an order prohibiting the continuation or repetition by the person of the act or omission for which the person is convicted. 2002, c. 4, s. 41 (2).

• 46.
• 42No obstruction

  42 (1) No person shall hinder or obstruct a Director, a provincial officer or any employee in or agent of the Ministry or any person involved in carrying out a program of the Ministry in the performance of duties under this Act. 2002, c. 4, s. 42 (1); 2006, c. 35, Sched. C, s. 92 (4). Providing information (2) No person shall refuse to provide a Director, a provincial officer, the Minister, the Ministry or any employee in or agent of the Ministry with all information, documents or data that the person is authorized to examine under this Act and the regulations. 2002, c. 4, s. 42 (2); 2006, c. 35, Sched. C, s. 92 (5). False information (3) No person shall include false or misleading information in any document or data that a Director, a provincial officer, the Minister, the Ministry or any employee in or agent of the Ministry is authorized to examine under this Act and the regulations. 20…

• 47.
• 43Offences

  43 (1) A person is guilty of an offence if the person, (a) contravenes this Act or the regulations; (b) fails to comply with the conditions of a certificate, licence or approval; or (c) fails to comply with an order made by a Director or a provincial officer under this Act other than an order in respect of an administrative penalty or an order to pay costs under section 36. 2002, c. 4, s. 43 (1); 2019, c. 14, Sched. 8, s. 29. Directors and officers (2) Every director or officer of a corporation who knowingly concurs in the commission of an offence by the corporation is guilty of an offence. 2002, c. 4, s. 43 (2). Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 8, s. 29 - 10/12/2019

• 48.
• 44Limitation period

  44 No proceeding for an offence under this Act or the regulations shall be commenced more than two years after the later of, (a) the day on which the offence was committed; and (b) the day evidence of the offence first came to the attention of a provincial officer. 2002, c. 4, s. 44.

• 49.
• 45Service of offence notice

  45 (1) Service of an offence notice or summons on a municipal corporation may be effected by delivering it personally to the mayor, warden, reeve or other chief officer of the corporation or to the clerk of the corporation. 2002, c. 4, s. 45 (1). Service on other corporations (2) Service of an offence notice or summons on a corporation other than a municipal corporation may be effected by delivering it personally to the manager, secretary or other officer of the corporation or to a person apparently in charge of a branch office of the corporation. 2002, c. 4, s. 45 (2). Service on partnership (3) Service of an offence notice or summons on a partnership may be effected by delivering it personally to a partner or to a person apparently in charge of an office of the partnership. 2002, c. 4, s. 45 (3). Service on a sole proprietorship (4) Service of an offence notice or summons on a sole pro…

• 50.
• 46Service for motor vehicles

  46 (1) In this section, “commercial motor vehicle”, “farm tractor”, “motor vehicle” and “self-propelled implement of husbandry” have the same meanings as in the Highway Traffic Act; (“matériel agricole automoteur”, “tracteur agricole”, “véhicule automobile”, “véhicule utilitaire”) “offence notice or summons” means, (a) an offence notice or summons under Part I of the Provincial Offences Act, or (b) a summons under Part III of the Provincial Offences Act. (“avis d’infraction ou assignation”) 2002, c. 4, s. 46 (1). Employer (2) Delivery of an offence notice or summons to the operator of a vehicle that is a motor vehicle, farm tractor or self-propelled implement of husbandry, in respect of an offence under this Act related to the use of the vehicle in the course of the operator’s employment shall be deemed to be personal service of the offence notice or summons on the employer of the operat…

• 51.
• 47Presiding judge

  47 The Crown, by notice to the clerk of the Ontario Court of Justice, may require that a provincial judge preside over a proceeding in respect of an offence under this Act. 2002, c. 4, s. 47; 2006, c. 21, Sched. C, s. 122 (1). Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. C, s. 122 (1) - 1/05/2007

• PART VII GENERAL
• [s59]
• 48Penalties

  48 (1) An individual convicted of an offence under this Act is liable to, (a) on a first conviction, a fine of not more than $5,000 for each day or part of a day on which the offence occurs or continues; (b) on each subsequent conviction, a fine of not more than $10,000 for each day or part of a day on which the offence occurs or continues. 2002, c. 4, s. 48 (1). Corporation (2) A corporation convicted of an offence under this Act is liable to, (a) on a first conviction, a fine of not more than $10,000 for each day or part of a day on which the offence occurs or continues; (b) on each subsequent conviction, a fine of not more than $25,000 for each day or part of a day on which the offence occurs or continues. 2002, c. 4, s. 48 (2). Subsequent conviction (3) For the purposes of determining the penalty to which a person is liable under subsection (1) or (2), a conviction of the person for …

• 52.
• [s60]
• 49Suspension

  49 (1) If a person is in default of payment of a fine imposed upon conviction for an offence against this Act, the Environmental Protection Act, the Ontario Water Resources Act, the Pesticides Act, the Safe Drinking Water Act, 2002, the Toxics Reduction Act, 2009 or the regulations made under any of them, on the application of a Director, a justice of the peace may make an order under subsection 69 (2) of the Provincial Offences Act directing that, until the fine is paid, (a) one or more of the person’s certificates, licences or approvals be suspended; and (b) no certificate, licence or approval be issued to the person. 2002, c. 4, s. 49 (1); 2009, c. 19, s. 69 (9). Suspension by Director (2) On being informed of an outstanding order mentioned in subsection (1), the Director may suspend the person’s certificate, licence or approval, if it is not already suspended under another order ment…

• 53.
• 50Order to prevent damage

  50 (1) On its own initiative or on the request of the prosecutor, a court that convicts a person of an offence under this Act, in addition to any other penalty imposed by the court, may order the person, (a) to take the action, including but not limited to providing an alternate water supply, that the court directs within the time specified in the order to prevent, eliminate or ameliorate damage that results from or is in any way connected to the commission of the offence; or (b) to comply with any order that a Director has issued to the person in relation to damage that results from or is in any way connected to the commission of the offence. 2002, c. 4, s. 50 (1). Other conditions (2) An order described in subsection (1) may contain those other conditions that, (a) relate to the circumstances of the offence and the circumstances of the person that contributed to the commission of the o…

• 54.
• 51Order for remedial work

  51 On its own initiative or on the request of the prosecutor, a court that convicts a person of an offence under this Act may, in addition to, or in substitution in whole or in part for, any other penalty imposed by the court, order the person to carry out an alternative penalty such as, (a) performing remedial work on the environment; or (b) making payment to a third party for the purposes of educational or remedial work done by or for the third party. 2002, c. 4, s. 51.

• 55.
• [s63]

  PART VII GENERAL

• 56.
• 52Other Acts

  52 This Act does not affect the application of the Environmental Protection Act, the Ontario Water Resources Act or the Pesticides Act in any situation where any of those Acts applies. 2002, c. 4, s. 52.

• 57.
• 53Effect of orders, etc.

  53 (1) A certificate, licence, approval or order issued by a person or body authorized to do so 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 issued or directed, and on any other successor or assignee of the person to whom it was issued or directed. 2002, c. 4, s. 53 (1). 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. 2002, c. 4, s. 53 (2). Definition (3) In this section, “receiver” means a person who has been appointed to take or who has taken poss…

• 58.
• 54Service

  54 (1) Any document given or served under this Act or the regulations is sufficiently given or served if it is, (a) delivered personally; (b) sent by mail addressed to the person to whom delivery or service is required to be made at the person’s last known address; or (c) given or served in accordance with the prescribed manner. 2002, c. 4, s. 54 (1). Service by mail (2) If service is made by mail, it shall be deemed to have been made on the fifth day after the day of mailing unless the person on whom service is being made establishes that the person did not, acting in good faith, through absence, accident, illness or other cause beyond the person’s control receive the notice or order until a later date. 2002, c. 4, s. 54 (2).

• 59.
• 55Documents as evidence

  55 (1) A document that is a certificate, licence or approval, an order issued under this Act or a record made under this Act and that purports to be signed by the Minister, a Director, a provincial officer or an employee in the Ministry shall be received in evidence in any proceeding as proof, in the absence of evidence to the contrary, of the facts stated in the document without proof of the signature or position of the person appearing to have signed the document. 2002, c. 4, s. 55 (1). Certificate of service (1.1) A certificate purporting to be signed by the Minister, a Director, a provincial officer or an employee in the Ministry that certifies that a document referred to in subsection (1) was served on a person or entity shall be received in evidence in any proceeding as proof of service of that document on that person or entity, in the absence of evidence to the contrary, without p…

• 60.
• 56Delegation of powers

  56 (1) The Minister may enter into an agreement with an individual, partnership or corporation, delegating to the individual, partnership or corporation any of the powers and duties relating to, (a) the establishment, maintenance and operation of a registry described in clause 6 (2) (n); (b) the review of any nutrient management plans or nutrient management strategies; (c) the issuing, amending, suspending or revoking of certificates, licences and approvals; or (d) the doing of any other prescribed work, other than anything for the purposes of Part IV, V or VI. 2002, c. 4, s. 56 (1). Definition (2) In this section, “delegation agreement” means an agreement described in subsection (1). 2002, c. 4, s. 56 (2). Contents of agreement (3) A delegation agreement shall contain any limitations, conditions and requirements applicable to the delegation and all other provisions that the Minister con…

• 61.
• 57Crown liability

  57 (1) The following persons are not agents of the Crown for any purpose, despite the Crown Agency Act, and shall not hold themselves out as such: 1. Persons appointed under clause 6 (2) (h), (i) or (l) who are not public servants employed under Part III of the Public Service of Ontario Act, 2006. 2. Delegates under section 56. 2002, c. 4, s. 57 (1); 2006, c. 35, Sched C, s. 92 (8). Same, delegation (2) No action or other proceeding shall be instituted against the Crown, the Minister or any employee in the Ministry, (a) for any act done in the execution or intended execution of a power or duty by a person appointed under clause 6 (2) (h), (i) or (l) who is not a public servant employed under Part III of the Public Service of Ontario Act, 2006; (b) for any tort committed by a person described in clause (a) or an employee or agent of the person in relation to a power or duty described in t…

• 62.-66.
• 58Payment of fees

  58 (1) The Minister may, (a) establish fees that are payable in respect of any matter under this Act; (b) specify what persons are required to pay the fees and to whom the fees are payable; (c) provide for the retention of all or part of the fees by the person to whom they are payable; and (d) provide for the refund of fees. 2002, c. 4, s. 58 (1). Obligation to pay (2) A person required to pay fees described in subsection (1) shall pay them in accordance with that subsection. 2002, c. 4, s. 58 (2).

• 67.
• 59Regulations

  59 The Lieutenant Governor in Council may make regulations, (a) prescribing additional agricultural crops to be included as the agricultural crops mentioned in the definition of “agricultural operation” in section 2; (b) prescribing other agricultural activities conducted on, in or over agricultural land to be included in the definition of “agricultural operation” in section 2; (c) prescribing limits, expansions or clarifications of the activities described in the definition of “agricultural operation” in section 2; (d) prescribing additional animals, birds or fish to be included in the definition of “farm animals” in section 2; (e) exempting any agricultural operation, person or thing or class of agricultural operation, person or thing from the application of this Act, the regulations or a provision of this Act or the regulations and prescribing conditions for the exemptions; (f) prescr…

• 62.-66
• 68.
• 60Powers in regulations

  60 (1) A regulation may be general or particular in its application, may be limited as to time or place or both and may exclude any place from the application of the regulation. 2002, c. 4, s. 60 (1). Classes (2) A regulation may apply in respect of any class of activity, matter, person or thing. 2002, c. 4, s. 60 (2). Same (3) A class under this Act or the regulations may be defined with respect to any attribute, quality or characteristic or combination of those items and may be defined to consist of or to include or exclude any specified member, whether or not with the same attributes, qualities or characteristics. 2002, c. 4, s. 60 (3). Adoption of codes (4) A regulation may adopt by reference, in whole or in part, with the changes that the Lieutenant Governor in Council considers necessary, any code, formula, standard, guideline, protocol or procedure, and may require compliance with…

• 61By-law superseded

  61 (1) A regulation supersedes a by-law of a municipality or a provision in that by-law if the by-law or provision addresses the same subject-matter as the regulation. 2002, c. 4, s. 61 (1). By-law inoperative (2) A by-law or a provision of a by-law that is superseded under subsection (1) is inoperative while the regulation is in force. 2002, c. 4, s. 61 (2).

• 62-66

  62-66 Omitted (amends or repeals other Acts). 2002, c. 4, ss. 62-66.

• 67

  67 Omitted (provides for coming into force of provisions of this Act). 2002, c. 4, s. 67.

• 68

  68 Omitted (enacts short title of this Act). 2002, c. 4, s. 68. ______________