Invasive Species Act, 2015

Bills that amended this Act0

No published amendment links yet for this Act.

Sections129

• [s0]

  Interpretation

• 1Definitions

  1 In this Act, “boat” includes a motorboat, rowboat, canoe, punt, sailboat or raft; (“bateau”) “carrier” means a plant, animal, organism, conveyance or other thing that is prescribed as a carrier under section 6; (“vecteur”) “conveyance” means a vehicle, boat or aircraft; (“moyen de transport”) “designated invasive species” means an invasive species designated by the Minister under section 5 as an invasive species to which this Act applies; (“espèce envahissante désignée”) “enforcement officer” means an enforcement officer appointed or designated under section 31; (“agent d’exécution”) “harm to the natural environment” includes any adverse effect to biodiversity or ecological processes or to natural resources and their use; (“préjudice causé à l’environnement naturel”) “inspector” means an inspector appointed or designated under section 15; (“inspecteur”) “invaded place” means a place th…

• 1.
• 2Interpretation

  2 A reference to a species includes, (a) a reference to members of the species whether they are alive or dead; (b) a reference to members of the species at any stage of their development; and (c) in the case of a reference to a species other than an animal, a reference to any part of the species.

• 2.
• [s3]

  Identification of Invasive Species and Carriers

• 3Application of Act

  3 (1) Unless otherwise indicated in a provision of this Act or the regulations, this Act applies only with respect to, (a) invasive species that are prescribed by regulation under section 4 or designated by the Minister under section 5; and (b) carriers that are prescribed by regulation under section 6. Similar species (2) For the purposes of the application and enforcement of this Act, a member of a species that is not easily distinguished from a member of an invasive species to which this Act applies shall be deemed, in the absence of evidence to the contrary, to be a member of the invasive species.

• 3.
• 4Regulations re: invasive species

  4 (1) The Lieutenant Governor in Council may make regulations prescribing invasive species as invasive species to which this Act applies. Classes of invasive species (2) A regulation under subsection (1) shall classify each prescribed invasive species into one of the following classes: 1. A prohibited invasive species, being an invasive species to which the prohibitions set out in section 7 and the measures set out in sections 23 and 27 apply. 2. A restricted invasive species, being an invasive species to which the prohibitions set out in subsection 8 (1) apply and to which conditions, restrictions or prohibitions may be added by regulation under subsection 8 (2) or (3) and measures set out in sections 23 and 27 may be made to apply by regulation. Same (3) The classification of an invasive species under subsection (2) shall be based on the extent to which the species is present in the na…

• 4.
• 5Temporary designation of invasive species

  5 (1) Where the Minister becomes aware of a threat to Ontario’s natural environment posed by an invasive species that has not been prescribed under section 4 as an invasive species to which this Act applies, the Minister may make an order designating the invasive species as an invasive species to which this Act applies if, in his or her opinion, (a) the invasive species poses a serious and imminent threat to the natural environment that requires the immediate application of the provisions of this Act and of such other safeguards as may be specified in the order; and (b) delays required for making a regulation under section 4 prescribing the invasive species as an invasive species to which this Act applies would unduly increase the threat of harm that the invasive species poses to the natural environment in Ontario or a part of Ontario. Effect of order (2) If an order is made under subsec…

• 5.
• 6Regulations re: carriers

  6 (1) The Lieutenant Governor in Council may make regulations prescribing any of the following things as carriers to which this Act applies: 1. A plant, an animal or organism, or any part of, or product derived from, a plant, an animal or organism, or any other thing, that is capable of being a host to an invasive species. 2. A conveyance or other thing that is capable of facilitating the movement of an invasive species from one place to another. Same (2) A regulation under subsection (1) may prescribe as a carrier anything mentioned in paragraph 1 or 2 of subsection (1) that is capable of being a host to, or of facilitating the movement of, an invasive species that is not prescribed under section 4 or designated under section 5.

• 6.
• [s8]

  Prohibitions and Restrictions

• 7Prohibited invasive species, prohibitions

  7 No person shall, (a) bring a member of a prohibited invasive species into Ontario or cause it to be brought into Ontario; (b) deposit or release a member of a prohibited invasive species or cause it to be deposited or released; (c) possess or transport a member of a prohibited invasive species; (d) propagate a member of a prohibited invasive species; or (e) buy, sell, lease or trade or offer to buy, sell, lease or trade a member of a prohibited invasive species.

• 7.
• 8Restricted invasive species, prohibitions

  8 (1) No person shall, (a) bring a member of a restricted invasive species into a provincial park or conservation reserve or cause it to be brought into a provincial park or conservation reserve; or (b) deposit or release a member of a restricted invasive species in Ontario or cause it to be deposited or released in Ontario. Conditions and restrictions (2) A person who carries out any of the following activities shall comply with any conditions or restrictions that are prescribed: 1. Bring a member of a restricted invasive species into Ontario or cause it to be brought into Ontario. 2. Possess or transport a member of a restricted invasive species. 3. Propagate a member of a restricted invasive species. 4. Buy, sell, lease or trade or offer to buy, sell, lease or trade a member of a restricted invasive species. Prohibition by regulation (3) A person shall not carry out an activity descri…

• 8.
• 9Exception, regulations

  9 (1) Section 7 and subsection 8 (1) do not apply in the circumstances prescribed by regulation. Same, where activity is authorized (2) Sections 7 and 8 do not apply to a person who, (a) is authorized by any of the following instruments to carry on an activity that would otherwise be prohibited under section 7 or 8: (i) an authorization issued under section 10, (ii) an agreement entered into under section 12, or (iii) an order of the Minister designating an invasive species under section 5; and (b) carries out the activity in accordance with any conditions in the authorization, agreement or order. Same, prevention and response plans (3) Clauses 7 (b) and (c), clause 8 (1) (b), paragraph 2 of subsection 8 (2) and any prohibition imposed by regulation under subsection 8 (3) do not apply to a person who possesses, transports, deposits or releases a member of an invasive species in the cours…

• 9.
• [s12]

  Authorizations and Agreements

• 10Authorizations

  10 (1) The Minister may authorize a person in writing to engage in any activity specified in the authorization that would otherwise be prohibited under section 7 or 8 if the Minister is of the opinion that the activity is for any of the following purposes: 1. Research or education. 2. Prevention, control or eradication of an invasive species. 3. A purpose that is prescribed by regulation. Conditions (2) An authorization issued under this section may contain such conditions as the Minister considers appropriate, including a condition that, (a) limits the times at which the authorized activity may be carried out; (b) limits the circumstances in which the authorized activity may be carried out; (c) requires the holder of the authorization to prepare a plan to manage, control or eradicate an invasive species, or prevent its release or spread and to comply with the plan; (d) requires the hold…

• 10.
• 11Reconsideration of amendment or revocation of authorization

  11 (1) The holder of an authorization who receives notice of an amendment to, or revocation of, an authorization under subsection 10 (5) may request that the Minister reconsider his or her decision to amend or revoke the authorization by mailing or delivering to the Minister a written request of the reconsideration within 15 days after receiving the notice. Content of request (2) A request for a reconsideration of the Minister’s decision to amend or revoke an authorization shall include, (a) the reasons for the request; (b) any submissions that the applicant for the review wishes the Minister to consider; and (c) an address for service by mail or by electronic facsimile transmission or by any other means prescribed by regulation. No stay of decision (3) A request for reconsideration of a decision of the Minister under this section does not stay the decision. Decision upon reconsideration…

• 11.
• 12Agreements

  12 (1) The Minister may enter into agreements relating to the control and management of invasive species in Ontario, including agreements for one or more of the following purposes: 1. The prevention of the introduction of invasive species into Ontario or into a part of Ontario. 2. The control of the spread of invasive species present in Ontario. 3. The early detection of, and rapid response to, the introduction of invasive species in Ontario or a part of Ontario. 4. The eradication of an invasive species from Ontario or a part of Ontario. 5. The monitoring and reporting of invasive species and of their impact on the natural environment. 6. Education and research in relation to invasive species. 7. The preparation of prevention and response plans. 8. The assessment of the level of risk that an invasive species poses for Ontario. Same (2) An agreement under this section may relate to the c…

• 12.
• [s16]

  Special Preventive Measures

• 13Prevention and response plans

  13 (1) The Minister may cause a prevention and response plan to be prepared with respect to an invasive species. Content of plans (2) A prevention and response plan sets out measures, practices or recommended courses of action to deal with an invasive species, including, (a) measures, including rapid response measures, to help prevent the invasive species from entering Ontario or a part of Ontario; (b) practices to promote the early detection of the invasive species; and (c) measures for the control or eradication of the invasive species. Scope of plans (3) A prevention and response plan may, (a) apply to one or more invasive species; and (b) apply to all of Ontario or a part of Ontario. Other authorized persons (4) A prevention and response plan may authorize a person or group of persons to carry out measures and practices set out in the plan in order to assist in the implementation of …

• 13.
• 14Invasive species control areas

  14 (1) The Lieutenant Governor in Council may, by regulation, designate an area of Ontario as an invasive species control area with respect to an invasive species. Content of regulation (2) A regulation under subsection (1) shall, (a) identify the area of Ontario that is designated; (b) identify the invasive species that is the object of the designation; (c) if appropriate, set out measures to control the spread of the invasive species, including measures that, (i) regulate or prohibit the movement of the invasive species in the area, the movement of any carrier of the invasive species or of any person, conveyance or thing that is likely to contribute to the spread of the invasive species, and (ii) regulate or prohibit any activities that are likely to contribute to the spread of the invasive species, including requiring the Minister’s authorization before carrying out the activity. Area…

• 14.
• [s19]

  Inspections

• 15Inspectors, appointment

  15 (1) The Minister may appoint a person or class of persons as inspectors for the purposes of this Act. Inspectors by virtue of office (2) An enforcement officer is an inspector for the purposes of this Act by virtue of his or her office. Production of identification (3) An inspector acting under this Act shall, on request, produce identification.

• 15.
• 16Surveys for purposes of detection, etc.

  16 (1) An inspector may conduct surveys of any area or place in Ontario for the purposes of, (a) detecting the presence of invasive species, including detecting the presence of invasive species that are not prescribed under section 4 or designated under section 5; and (b) ascertaining whether invasive species, including invasive species that are not prescribed under section 4 or designated under section 5, are spreading into or within Ontario and monitoring the extent of the spread. Entry on land during survey (2) In the course of conducting a survey, an inspector may, (a) enter any land at any reasonable time and be accompanied by any other person that the inspector authorizes; and (b) authorize any person acting under his or her direction to enter any land, with or without the inspector, for the purpose of assisting in the survey. No entry to buildings, structures (3) Subsection (2) do…

• 16.
• 17Inspection to determine compliance

  17 (1) An inspector may enter and inspect any land, building or other place if, (a) the inspector has reasonable grounds to believe that an invasive species, a carrier or other thing to which this Act or the regulations apply will be found on the land or in the building or place; or (b) the inspection is for the purpose of determining compliance with, (i) this Act or the regulations, (ii) a condition in an authorization that is issued under section 10 or is contained in an agreement referred to in section 12, (iii) a prevention and response plan prepared under section 13, or (iv) a provision of an order made by an inspector or by the Minister under this Act. Powers during inspection (2) During an inspection under this section, the following powers are the powers that may be exercised by an inspector: 1. Inspect any animal, plant or thing that the inspector believes on reasonable grounds …

• 17.
• 18Stopping conveyances to inspect

  18 (1) An inspector may stop a conveyance if he or she has reasonable grounds to believe that, (a) there is a member of an invasive species or a carrier in or on the conveyance; or (b) stopping the conveyance would assist in determining compliance with, (i) this Act or the regulations, (ii) a condition in an authorization that is issued under section 10 or is contained in an agreement referred to in section 12, (iii) a prevention and response plan prepared under section 13, or (iv) a provision of an order made by an inspector or by the Minister under this Act. Operator to stop (2) On the inspector’s signal to stop, the operator of the conveyance shall immediately stop and produce for inspection a member of an invasive species, a carrier, a document or any thing requested by the inspector that is relevant to the purpose for which the conveyance was stopped. Stop signals (3) For the purpos…

• 18.
• 19Special powers used in invaded places

  19 (1) After an order is made under section 23 declaring land, a building, structure or conveyance to be an invaded place, an inspector may enter the invaded place and exercise any of the powers described in subsection (2). Same (2) At an invaded place, an inspector may, with respect to the invasive species that is the reason the land, building, structure or conveyance was declared to be an invaded place, (a) use any physical or mechanical means or apply any chemical treatments or biological control measures in order to control, remove or eradicate the invasive species or the threat the invasive species poses to Ontario’s natural environment, unless the use of such means or application of such treatments or measures may cause material damage to property or destroy property; (b) capture or remove a member of the invasive species; (c) establish temporary barriers around the invasive specie…

• 19.
• 20Assisting inspector

  20 A person shall give all reasonable assistance to an inspector conducting a survey or inspection under section 16, 17 or 18 or exercising powers under section 19 and shall provide any information requested by the inspector that is relevant to the survey or inspection or that may assist in the exercise of powers under section 19.

• 20.
• 21Obstruction of inspector

  21 A person shall not, (a) knowingly make a false or misleading statement to an inspector who is acting under this Act; or (b) otherwise obstruct an inspector who is acting under this Act.

• 21.
• [s27]

  Inspectors’ Orders

• 22Order re: unknown invasive species

  22 (1) An inspector may make an order under this section if, (a) in the course of performing his or her duties under this Act, he or she encounters a member of a species that he or she has reasonable grounds to believe is an invasive species, but not an invasive species that has been prescribed under section 4 or designated under section 5 as an invasive species to which this Act applies; and (b) the inspector has reasonable grounds to believe that the order is required in order to, (i) ascertain the threat that the suspected invasive species referred to in clause (a) poses to Ontario’s natural environment, or (ii) prevent the suspected invasive species referred to in clause (a) from spreading within Ontario. Order to contain suspected species (2) An inspector who encounters a member of a suspected invasive species described in clause (1) (a) may, (a) issue a written order to the person …

• 22.
• 23Declaration of invaded place

  23 (1) An inspector may issue a written order declaring land, a building, a structure or a conveyance to be an invaded place if, (a) the inspector has found evidence that an invasive species is present on or in the place; and (b) the inspector has reasonable grounds to believe that the order is required, (i) to prevent the invasive species from spreading to areas outside of the place, or (ii) to control, remove or eradicate the invasive species that is on or in the place. Non-application to restricted invasive species (2) Despite subsection (1), (a) no order shall be made under that subsection with respect to a restricted invasive species unless the species is prescribed as a restricted invasive species to which this section applies; and (b) an order made under that subsection with respect to a restricted invasive species shall comply with any conditions that are prescribed. No dwellings…

• 23.
• 24Amendment or revocation of orders

  24 (1) An inspector or the Minister may, by order, amend or revoke an order that was made by an inspector under section 22 or 23. Notice (2) Upon making an order under subsection (1) to amend or revoke an order made under section 22, an inspector or Minister, as the case may be, (a) shall give notice of the order in accordance with subsection 22 (6); and (b) may post a copy of the order in accordance with subsections 22 (7) and (9). Same (3) Upon making an order under subsection (1) to amend or revoke an order made under section 23, an inspector or Minister, as the case may be, shall, (a) give notice of the order in accordance with subsection 23 (7); and (b) post a copy of the order in accordance with subsection 23 (6).

• 24.
• 25Compliance orders

  25 (1) An inspector may issue an order described in subsections (2) and (3) to a person if the inspector has reasonable grounds to believe that a person is contravening, has contravened or is about to contravene, (a) a provision of this Act or the regulations, (b) a condition of an authorization that is issued under section 10 or is contained in an agreement entered into under section 12; or (c) a provision of any order made by an inspector or by the Minister under this Act. What the order may require (2) An order under this section may require a person named in the order to, (a) stop engaging in, or refrain from engaging in, any act or activity that is prohibited by a provision of this Act or the regulations or by an order made under this Act; (b) do anything that the person was required to do under a provision of this Act, the regulations or an order made under this Act or as a conditi…

• 25.
• 26Review of inspector’s orders

  26 (1) A person who receives service of an order under section 23 or 25 may request that the Minister review the order by mailing or delivering to the Minister a written request for the review within 15 days after receiving service of the order. Contents of request for review (2) A request for a review by the Minister shall include, (a) the portions of the order in respect of which the review is requested; (b) any submissions that the applicant for the review wishes the Minister to consider; and (c) an address for service by mail or by electronic facsimile transmission or by such other means of service as the regulations may prescribe. No stay of order (3) A request for a review by the Minister does not stay the order from which the review is sought. Decision of Minister (4) The Minister may, (a) revoke the order of the inspector; or (b) by order directed to the person requesting the rev…

• 26.
• [s33]

  Actions by Minister

• 27Actions to control or eradicate invasive species

  27 (1) The Minister may cause actions described in subsection (3) to be carried out with respect to an invasive species, or may order a person to take actions under subsection (7) with respect to an invasive species, if, (a) one of the following powers has been exercised under the Act with respect to the invasive species: (i) an invasive species control area has been designated with respect to the invasive species under section 14, or (ii) an order was made under section 23 declaring a place to be an invaded place after the invasive species was found at the place; and (b) in the Minister’s opinion, (i) the measures employed to date in the invasive species control area or at the invaded place, as the case may be, to control, remove or eradicate the invasive species are insufficient to prevent the harm that it may cause to the natural environment or to prevent it from spreading, and (ii) t…

• 27.
• [s35]Non-application to restricted invasive species

  (2) Despite subsection (1), the Minister shall not cause actions to be carried out or make an order under that subsection with respect to a restricted invasive species unless the species is prescribed as a restricted invasive species to which this section applies. Same (3) The Minister may cause an inspector, or other person acting on the Minister’s behalf, to take any of the following actions in an invasive species control area, or at an invaded place, referred to in clause (1) (a), with respect to an invasive species: 1. Use any physical or mechanical means, or apply any chemical treatments or biological control measures, to remove or eradicate the invasive species, even though the use of such means or application of such treatments or measures may result in damage to property or its removal or destruction. 2. Destroy, by any means, anything that may be a carrier of the invasive specie…

• 28Actions as a result of non-compliance

  28 (1) The Minister may cause actions described in subsection (2) to be taken if, (a) a person has failed to comply with any provision of this Act or the regulations or with any order made by an inspector or the Minister under this Act; and (b) the Minister is of the opinion that an invasive species has been released or has spread to areas in Ontario as a result of the non-compliance. Actions taken by Minister (2) In the circumstances described in subsection (1), the Minister may cause an inspector, or other person acting on the Minister’s behalf, to take such actions as the Minister considers necessary to control, remove or eradicate the invasive species that has been released or has spread as a result of the non-compliance described in clause (1) (a), including any of the actions described in subsection 27 (3). Right of entry (3) An inspector, or other person acting on the Minister’s b…

• 28.
• 29Compensation

  29 (1) Subject to subsection (5) and the regulations, the Minister may authorize compensation to be paid to a person for, (a) the loss of any building, structure, conveyance or property owned by the person that is taken or destroyed as a result of actions carried out under section 27; (b) in the case of actions that are carried out by a person as a result of an order under subsection 27 (7), any reasonable costs that are associated directly with carrying out the actions specified in the order; (c) any prescribed losses or costs that result directly from actions carried out under section 27; and (d) if losses or costs are incurred by a person as a direct result of actions carried out under section 28, other than by a person described in clause 28 (1) (a) whose failure to comply with a provision or order under this Act was the reason for carrying out the actions, any such losses or costs t…

• 29.
• 30Crown debt

  30 A person who fails to comply with a provision of this Act or the regulations or with any order made by an inspector or the Minister under this Act is liable to the Crown for all costs or expenses incurred by the Crown under section 27, 28 or 29 as a result of the non-compliance, and any such costs or expenses are a debt due by the person to the Crown and may be recovered by any remedy or procedure available to the Crown by law.

• 30.
• [s39]

  Enforcement

• 31Enforcement officers

  31 (1) The Minister may appoint or designate persons or classes of persons as enforcement officers for the purposes of this Act. Enforcement officers by virtue of office (2) The following persons are enforcement officers for the purposes of this Act by virtue of their office: 1. A conservation officer appointed under subsection 87 (1) of the Fish and Wildlife Conservation Act, 1997. 2. A park warden designated under subsection 12 (1.2) of the Provincial Parks and Conservation Reserves Act, 2006. Production of identification (3) An enforcement officer acting under this Act shall, on request, produce identification.

• 31.
• 32Search warrants re: offences

  32 (1) An enforcement officer may obtain a search warrant under Part VIII of the Provincial Offences Act. Warrantless searches re: offences (2) If an enforcement officer has reasonable grounds to believe that there is in a building or other place any thing that will afford evidence of an offence under this Act but that the time required to obtain a warrant would lead to the loss, removal or destruction of the evidence, the enforcement officer may, without a warrant, enter and search the building or other place. Dwellings (3) Subsection (2) does not apply to a building or part of a building that is being used as a dwelling. Computers, etc. (4) An enforcement officer who is conducting a search that is authorized by a warrant or by subsection (2) may, (a) use or cause to be used any computer system or other device that contains or is able to retrieve information for the purpose of examining…

• 32.
• 33Warrant to conduct tests

  33 (1) On application without notice, a justice may issue a warrant authorizing an enforcement officer to use any investigative technique or procedure or to do any thing described in the warrant if the justice is satisfied by information under oath that there are reasonable grounds to believe that an offence under this Act has been or is being committed and that evidence concerning the offence will be obtained through the use of the technique or procedure or the doing of the thing. Assistance (2) The warrant may authorize any person specified in the warrant to accompany and assist the enforcement officer in the execution of the warrant. Terms and conditions of warrant (3) The warrant shall authorize the enforcement officer to enter and search the building or other place for which the warrant was issued and, without limiting the powers of the justice under subsection (1), the warrant may,…

• 33.
• 34Production orders

  34 (1) On application without notice and subject to subsection (3), a justice may issue an order to a person other than a person under investigation for an offence requiring the person to, (a) produce documents or copies of documents, certified by affidavit to be true copies, or produce data; or (b) prepare a document based on documents or data already in existence and produce it. Content of order (2) An order under subsection (1) shall require the document or data to be produced within the time, at the place and in the form specified in the order and require that it be given to an enforcement officer named in the order. Grounds for order (3) A justice may make an order under subsection (1) if he or she is satisfied by information given under oath or affirmation that there are reasonable grounds to believe that, (a) an offence under this Act has been or is being committed; (b) the docume…

• 34.
• 35Seizure and forfeiture

  35 (1) An enforcement officer who is lawfully in a building or other place may, without a warrant, seize any thing that he or she has reasonable grounds to believe, (a) has been obtained by the commission of an offence under this Act; (b) has been used in the commission of an offence under this Act; (c) will afford evidence of the commission of an offence under this Act; or (d) is intermixed with a thing referred to in clause (a), (b) or (c). Presence pursuant to warrant (2) If the enforcement officer is in the building or other place pursuant to a warrant, subsection (1) applies to any thing, whether or not it is specified in the warrant. Safekeeping (3) An enforcement officer shall deliver any thing that he or she seizes to a person authorized by the Minister for safekeeping. Leaving with occupant (4) Despite subsection (3), an enforcement officer may leave a thing that he or she seize…

• 35.
• 36Arrest without warrant

  36 (1) An enforcement officer may arrest without warrant a person that he or she has reasonable grounds to believe is committing, has committed or is about to commit an offence under this Act. Release by enforcement officer (2) If an enforcement officer arrests a person under this section, he or she shall, as soon as practicable, release the person from custody, unless the officer has reasonable grounds to believe that, (a) it is necessary in the public interest for the person arrested to be detained, having regard to all the circumstances, including the need to, (i) establish the identity of the person, (ii) secure or preserve evidence of or relating to the offence, or (iii) prevent the continuation or repetition of the offence or the commission of another offence; or (b) the person arrested, if released, will not respond to a summons or offence notice or will not appear in court. Perso…

• 36.
• 37Necessary force

  37 An enforcement officer may use as much force as is necessary to exercise any of the powers referred to in sections 32, 33 and 36.

• 37.
• 38Exemptions from Act, enforcement officers

  38 The Minister may, for the purpose of conducting searches and other law enforcement activities under this Act, exempt an enforcement officer from the application of section 7 or 8 or any other provision of this Act or the regulations, subject to such conditions as the Minister considers necessary.

• 38.
• 39Obstruction of enforcement officer

  39 A person shall not, (a) knowingly make a false or misleading statement to an enforcement officer who is acting under this Act; or (b) otherwise obstruct an enforcement officer who is acting under this Act.

• 39.
• [s49]

  Offences and Penalties

• 40Offences

  40 (1) A person is guilty of an offence if the person contravenes any of the following provisions: 1. A provision of this Act or the regulations. 2. A condition of an authorization that is issued under section 10 or is contained in an agreement made under section 12. 3. An order made by an inspector or by the Minister under this Act. Attempts (2) A person who attempts to do anything that would be an offence under subsection (1) is guilty of an offence.

• 40.
• 41Corporations

  41 If a corporation commits an offence under this Act, an officer, director, employee or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is party to and guilty of the offence and is liable on conviction to the punishment provided for the offence, whether or not the corporation has been prosecuted for the offence.

• 41.
• 42Employers and principals

  42 In a prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the defendant acting in the course of employment or agency, whether or not the employee or agent is identified or has been prosecuted for the offence, unless the defendant establishes that, (a) the offence was committed without the knowledge of the defendant; and (b) the offence was committed without the consent of the defendant.

• 42.
• 43Defence

  43 A person shall not be convicted of an offence under this Act if the person establishes that, (a) the person exercised all due diligence to prevent the commission of the offence; or (b) the person honestly and reasonably believed in the existence of facts that, if true, would render the person’s conduct innocent.

• 43.
• 44Penalties

  44 (1) A person convicted of an offence under this Act is liable, (a) in the case of a first offence under this Act, (i) to a fine of not more than $1,000,000, in the case of a corporation, or (ii) to a fine of not more than $250,000 or to imprisonment for a term of not more than one year, or to both, in the case of any other person; and (b) in the case of a second or subsequent offence under this Act, (i) to a fine of not more than $2,000,000, in the case of a corporation, or (ii) to a fine of not more than $500,000 or to imprisonment for a term of not more than one year, or to both, in the case of any other person. More than one animal, plant, etc. (2) Despite subsection (1), if an offence involves more than one animal, plant or other organism, the maximum fine that may be imposed is the amount that would otherwise apply under subsection (1), multiplied by the number of animals, plants…

• 44.
• 45Order re: other penalties

  45 (1) The court that convicts a person of an offence under this Act may, in addition to imposing a fine or imprisonment, make any of the following orders against the person: 1. An order not to engage in any activity that could, in the opinion of the court, result in the continuation or repetition of the offence. 2. An order to take any action that the court considers appropriate to remedy or avoid any harm to the natural environment that resulted or may result from the commission of the offence. 3. An order to pay the Crown or any other person for all or part of any costs incurred to remedy or avoid any harm to the natural environment that resulted or may result from the commission of the offence. 4. An order to take such other steps as are specified in the order to comply with this Act. 5. An order to pay to the Crown or any other person all or part of any expenses incurred by the Mini…

• 45.
• 46Presiding judge

  46 The Crown may, by notice to the clerk of the Ontario Court of Justice, require that a provincial judge preside over a prosecution for an offence under this Act.

• 46.
• 47Limitation period

  47 A prosecution for an offence under this Act shall not be commenced more than five years after the offence was committed.

• 47.
• 48Proof of inspected or seized things

  48 In a prosecution under this Act, a copy of a document or other thing purporting to be certified by an enforcement officer or inspector as a true copy of a document or other thing inspected or seized under this Act or Part VIII of the Provincial Offences Act is admissible in evidence as proof, in the absence of evidence to the contrary, of the document or other thing.

• 48.
• [s59]

  Miscellaneous

• 49Service

  49 (1) This section applies to the service of, (a) a notice of an amendment to, or revocation of, an authorization issued under section 10; (b) an order declaring a place to be an invaded place made under section 23; (c) a compliance order made under section 25; (d) a notice of any actions that the Minister causes to be carried out under subsection 27 (3); and (e) an order made under subsection 27 (7) requiring a person to carry out actions described in subsection 27 (3). Methods of service (2) A notice or an order referred to in subsection (1) shall be served by, (a) personal delivery of the notice or a copy of the order; or (b) mailing the notice or a copy of the order by registered mail addressed to the appropriate person at their last known address. Same, notice under s. 10 (5) (3) A notice of an amendment to, or revocation of, an authorization issued under section 10 may, with the c…

• 49.
• 50Fees

  50 (1) The Minister may establish and charge, (a) fees related to issuing authorizations under section 10; and (b) fees for the use of facilities, equipment, services or other things provided by the Ministry relating to invasive species. Refund (2) The Minister may direct the refund of all or part of a fee if, in the Minister’s opinion, it is equitable to do so.

• 50.
• 51Personal information

  51 (1) The Ministry may, for the purposes of this Act, collect personal information within the meaning of section 38 of the Freedom of Information and Protection of Privacy Act. Indirect collection (2) In addition to any personal information that may be collected by the Ministry in accordance with section 39 of the Freedom of Information and Protection of Privacy Act, the Ministry may collect contact information relating to individuals from any person or entity for the purposes of, (a) notifying individuals that they may have been in contact with an invasive species, including an invasive species that is not prescribed under section 4 or designated under section 5; (b) giving any notice required under this Act, serving any order issued under this Act or taking any action authorized under this Act to control, remove or eradicate an invasive species, including an invasive species that is n…

• 51.
• 52False information

  52 A person shall not make a false statement, (a) in any application for an authorization that is made under this Act; or (b) in any report, information or document that is submitted in accordance with an order made under this Act or otherwise under this Act.

• 52.
• 53Non-application of Crown Forest Sustainability Act, 1994

  53 (1) This section applies with respect to any of the following actions or activities carried out under this Act: 1. Anything done at an invaded place by an inspector while exercising his or her powers under section 19 or by a person assisting the inspector in accordance with this Act. 2. Any action that the Minister causes a person to carry out under subsection 27 (3) or section 28. 3. Any action that the Minister orders a person to carry out under subsection 27 (7). Same (2) Part IV and sections 58 and 64 of the Crown Forest Sustainability Act, 1994 do not apply to any action or activity described in subsection (1) that is carried out in a Crown forest. Definition, Crown forest (3) In subsection (2), “Crown forest” has the same meaning as in the Crown Forest Sustainability Act, 1994.

• 53.
• 54Protection from personal liability

  54 (1) No action or other proceeding for damages or otherwise shall be instituted in respect of any act done in good faith in the execution or intended execution of any duty or authority under this Act, or for any alleged neglect or default in the execution in good faith of a duty or authority under this Act, against any of the following: 1. An employee in the Ministry. 2. A public servant employed under Part III of the Public Service of Ontario Act, 2006 acting under the direction of a person referred to in paragraph 1. 3. Any person or member of a class of persons appointed as an inspector or enforcement officer, or who is an inspector or enforcement officer by virtue of his or her office, under section 15 or 31. 4. A person possessing special, expert or professional knowledge or skills acting in conjunction with an inspector under section 16, 17 or 19. 5. A person carrying out an acti…

• 54.
• 55Delegations

  55 (1) In addition to the authority given to the Minister to delegate powers to an employee of the Ministry under section 7 of the Ministry of Natural Resources Act, the Minister may delegate the power to issue authorizations under section 10 to a person or body prescribed by the regulations. Limitation on delegation (2) A delegation under subsection (1) shall only be made in the circumstances prescribed by the regulations and shall be subject to the limitations prescribed by the regulations. Conditions (3) If the Minister delegates the power to issue authorizations to a person or body under subsection (1), the Minister may also delegate to that person or body the power to impose conditions on the authorization under subsection 10 (2). Fees (4) If the power to issue authorizations is delegated under subsection (1), any fees established by the Minister under section 50 and chargeable in r…

• 55.
• 56Regulations

  56 The Lieutenant Governor in Council may make regulations, (a) prescribing or respecting any matter that this Act refers to as a matter prescribed by the regulations or as otherwise dealt with by the regulations; (b) prohibiting persons from carrying out an activity described in subsection 8 (2) in respect of a restricted invasive species; (c) exempting persons, species or things or classes of persons, species or things from section 7 or subsection 8 (1) and specifying conditions or restrictions that apply with respect to the exemptions; (d) governing carriers of invasive species including, (i) respecting the possession, transport, buying, selling, leasing or trading of a carrier and the offering to buy, sell, lease or trade a carrier and, in the case of a carrier that is itself a species, respecting its introduction into Ontario, its propagation, deposit or release, (ii) prohibiting an…

• 56.
• 57Regulations, general

  57 (1) A regulation made under section 4, 6, 14 or 56 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. Classes (2) A regulation made under section 4, 6, 14 or 56 may apply in respect of any class of activity, matter, person, species, carrier or thing. Same (3) A class referred to in subsection (2) may be defined in a regulation 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. Amendments to adopted documents (4) A regulation made under section 4, 6, 14 or 56 that adopts a document by reference may adopt the document as it may be amended from time to time after the regulation is made.

• 57.
• 58

  58 Omitted (provides for coming into force of provisions of this Act).

• 58.
• 59

  59 Omitted (enacts short title of this Act). ______________