Geologic Carbon Storage Act, 2025

Part I Interpretation, Purpose and Prohibitions

1 (1) In this Act, “ancillary work” has the meaning set out in subsection (2); (“ouvrage accessoire”) “authorization” means a research and evaluation licence, a storage licence, a research and evaluation permit or a storage permit that is issued under this Act; (“autorisation”) “authorization holder” means the holder of an authorization; (“titulaire d’autorisation”) “carbon storage” means the permanent storage of carbon dioxide in a storage repository; (“stockage de carbone”) “carbon storage activities” means the activities set out in subsection 3 (2); (“activités de stockage de carbone”) “carbon storage site” means any number of wells or storage repositories or wells and storage repositories, as well as ancillary works, if any, collectively used for research and evaluation activities or carbon storage activities; (“site de stockage de carbone”) “Crown” means the Crown in right of Ontari…

2 The purpose of this Act is to enable the safe, responsible and permanent storage of carbon dioxide in a manner that protects public safety and the environment and minimizes potential adverse impacts on other land and resource uses. Regulated activities

3 (1) For the purposes of this Act, the following are research and evaluation activities: 1. Constructing, including completing or deepening, or using a well or performing any other activity on or in a well for the purposes of, i. exploring for storage repositories capable of being used for carbon storage, ii. obtaining information on storage repositories in relation to their potential use or viability for carbon storage, iii. injecting carbon dioxide or other substances into a storage repository to, A. evaluate or test the viability of the storage repository for carbon storage, or B. conduct research in relation to a carbon storage technology or demonstrate its use, or iv. performing monitoring, measurement or verification activities in relation to any activities contemplated by this subsection. 2. Constructing, installing or using an ancillary work in order to perform any activities co…

4 (1) Subject to subsection (3), it is prohibited for any person to perform any research and evaluation activities or any carbon storage activities unless, (a) the research and evaluation activities or carbon storage activities, (i) are performed in an area of the province that is prescribed by the regulations as an area in which carbon storage sites may be located, and (ii) if the regulations specify types of storage repositories whose use is permitted for that area of the province, relate to the use of a type of permitted storage repository; and (b) the activities are performed, (i) in the case of research and evaluation activities, under the authority of a research and evaluation permit or a storage permit, or (ii) in the case of carbon storage activities, under the authority of a storage permit. Further prohibitions (2) Despite subsection (1), the regulations made by the Minister may…

5 (1) The Lieutenant Governor in Council may make regulations, (a) providing that any structure, including a pipeline, or equipment is not an ancillary work for the purposes of this Act or is not an ancillary work for the purposes of this Act in specified circumstances or if specified conditions are met; (b) prescribing, for the purposes of clause 4 (1) (a), areas of the province in which carbon storage sites may be located and the types of storage repositories whose use is permitted in those areas. Minister (2) The Minister may make regulations respecting anything referred to in this Part as being prescribed or otherwise done by regulations made by the Minister.

Part II Ownership of and Rights to Pore Space

6 In this Part, “surface rights” means every right in land other than the rights to ores, mines and minerals on, in or under land.

7 Rights to the pore space underlying the surface of real property form part of the surface rights estate, unless those rights have been reserved or separately granted or conveyed to another person.

8 (1) Subject to subsection (3), the Lieutenant Governor in Council may make regulations identifying lands and, if the Lieutenant Governor in Council makes such a regulation, rights to pore space underlying the identified lands are taken by the Crown, without the consent of any persons who own those rights, and those rights vest in the Crown. Scope of rights (2) The rights to pore space vested in the Crown by regulation made under subsection (1) include the exclusive right of the Crown, a right which the Crown may authorize others to exercise, to perform research and evaluation activities and carbon storage activities in relation to storage repositories containing the pore space underlying lands identified in the regulation for the purposes of carbon storage. Limitations (3) The Lieutenant Governor in Council may only make a regulation for the purposes of subsection (1) if, (a) the Lieut…

9 (1) Subject to subsection (2), the Minister may issue an authorization in accordance with this Act that provides the holder the exclusive right to exercise rights to pore space conferred by a regulation made under subsection 8 (1) for the purposes of carbon storage, including the performance of research and evaluation activities or carbon storage activities. Limitation (2) The Minister shall only issue a storage permit that provides the holder the exclusive right to exercise rights to pore space for the purposes of performing carbon storage activities if the Minister is satisfied that issuing the permit would result in, (a) the minimum amount of carbon dioxide prescribed by the regulations being stored; and (b) the carbon dioxide produced by the minimum number of industrial emitters prescribed by the regulations being stored. Regulations governing compensation (3) The Lieutenant Govern…

10 Nothing referred to in this Part constitutes an expropriation or injurious affection for the purposes of the Expropriations Act or otherwise at law and no compensation is payable except in accordance with a regulation made under subsection 9 (3).

Part III Authorizations Licences for use of Crown lands and public pore space

11 (1) A research and evaluation licence confers on its holder the rights to, within areas specified in the licence, use public pore space and lands owned or controlled by the Crown for the purposes of performing research and evaluation activities. Storage licences (2) A storage licence confers on its holder the rights to, within areas specified in the licence, use public pore space and lands owned or controlled by the Crown for the purposes of performing carbon storage activities. Issuance (3) Subject to subsection (4) and to any restrictions set out in the regulations, the Minister may issue a research and evaluation licence or a storage licence to a person who applies for one in accordance with the regulations made by the Minister and who meets any requirements set out in the regulations made by the Minister. Restriction, excluded public pore space (4) The Minister may not issue a res…

12 (1) Subject to subsection (3) and section 14 and to any additional restrictions set out in the regulations, the Minister may issue a research and evaluation permit or a storage permit to a person if, (a) the person has applied for the permit in accordance with the regulations made by the Minister and the Minister has found the application to be a complete application for the purposes of section 16; (b) the person has fulfilled any requirements to give notice or conduct consultation activities that are set out in the regulations made by the Minister; and (c) in the case of a storage permit, the Minister has received written confirmation of municipal endorsement of the proposed project, as required by and in accordance with the regulations made by the Minister. Permit equivalent to licence (2) The Minister may issue a research and evaluation licence as part of a research and evaluation …

13 (1) In this section, “landowner” means a person who owns rights to pore space within a unit area that is the subject of an application for a unitization order; (“propriétaire foncier”) “unitization order” means an order under subsection (2). (“ordonnance d’exploitation concertée”) Unitization order (2) On the application of a person who has applied for or who intends to apply for a storage permit under this Act, the Tribunal may order that, (a) the rights to pore space within a unit area be joined for the purpose of a carbon storage site; (b) management of the construction, development, use, decommissioning and oversight of the carbon storage site and the remediation and restoration of associated lands be carried out by the person, persons or class of persons named or described in the order; (c) the costs and benefits of operation within the unit area be apportioned in the manner spec…

14 (1) In this section and in section 15, “Board” means the Ontario Energy Board; (“Commission”) “gas storage area” means an area designated as a gas storage area by the Board under section 36.1 of the Ontario Energy Board Act, 1998. (“secteur de stockage de gaz”) Applications requiring Board input (2) For the purposes of this section, an application for a research and evaluation permit or a storage permit or to amend a research and evaluation permit or a storage permit requires the input of the Board in any of the following circumstances: 1. The activities for which the permit or an amendment to the permit is sought, as the case may be, involve, within a gas storage area, the construction, use, maintenance or decommissioning of a well or the performance of any other activity on or in a well. 2. The activities for which the permit or an amendment to the permit is sought, as the case may …

15 (1) Subject to subsection (2), the Minister may refer an application for a permit or an application for an amendment to a permit that would allow for the expansion of a carbon storage site to the Tribunal for the Tribunal’s direction on the application or a specific aspect of the application if, after any notification and consultation procedures required by the regulations have been completed, parties identified in the Minister’s referral have expressed concerns that, in the opinion of the Minister, remain unresolved. Limitation (2) An application may only be referred to the Tribunal under subsection (1) if the Minister has determined that the application does not need to be referred to the Board under subsection 14 (5) or, if the application does need to be referred to the Board, once the Board has completed its review and provided its report to the Minister. Hearing (3) The Tribunal…

16 (1) An application for an authorization is a complete application for the purposes of this section if the applicant has, (a) complied with all the requirements of this Act and the regulations that apply to the application, including having provided all required information; and (b) provided any additional information that, in the Minister’s opinion, is necessary for the Minister to be able to fully consider the application. Same (2) The Minister is not required to consider an application for an authorization if the Minister determines that it does not constitute a complete application. Additional information (3) Despite an application having been found by the Minister to constitute a complete application, the Minister may request additional information, documents or clarifications from an applicant in regard to any matters respecting the application, and the applicant shall promptly c…

17 (1) Subject to subsection (2), an authorization is valid for the period of time set out in or determined in accordance with the regulations made by the Minister. Changes to the period of validity (2) Subject to any restrictions set out in the regulations, the Minister may, by providing written notice to the authorization holder, abridge or extend the period of validity of an authorization. Terms or conditions (3) When abridging or extending the period of validity of an authorization, the Minister may impose terms and conditions on the authorization with respect to the abridgement or extension.

18 (1) An authorization may not be transferred except in accordance with this section or subsection 19 (2). Transfer on consent (2) An authorization may be transferred if the Minister consents in writing to the transfer and any requirements prescribed by the regulations made by the Minister have been met. Conditional consent (3) The Minister may make the consent conditional by specifying in writing the conditions that must be met before the consent is valid.

19 (1) The Minister may, in accordance with the regulations made by the Minister, if any, revoke an authorization if, (a) the authorization holder has contravened this Act, the regulations or an order or authorization issued under this Act; or (b) the holder of the authorization is deemed to be incapable of acting within the meaning of subsection 1 (4). Transfer order (2) The Minister may, in the circumstances referred to in clause (1) (b), order the transfer of the authorization to a specified person instead of revoking the authorization, subject to the regulations made by the Minister, if any.

20 (1) The Minister may suspend an authorization by giving written notice to the authorization holder if the authorization holder has contravened this Act, the regulations or an order or authorization issued under this Act and shall do so in accordance with the regulations made by the Minister, if any. Effective immediately (2) A suspension is effective immediately once the authorization holder has received the notice and is not stayed by a request for a review by the Tribunal or the commencement of an appeal before the Tribunal. Remedial action (3) The Minister shall set out in the notice under subsection (1) specific actions that the authorization holder is required to take or desist from taking and the time period within which the authorization holder must do so. Lifting of suspension (4) If the authorization holder demonstrates compliance with the requirements of the notice to the sa…

21 (1) The Lieutenant Governor in Council may make regulations, (a) prescribing restrictions for the purposes of any of subsections 11 (3), 12 (1) and (6) and 17 (2); (b) prescribing public pore space that is excluded public pore space for the purposes of subsection 11 (4). Minister (2) The Minister may make regulations, (a) respecting anything referred to in this Part as being prescribed or otherwise done by regulations made by the Minister; (b) prescribing classes of licences and permits and prescribing standard terms and conditions that apply to them; (c) governing applications in respect of authorizations, including setting out both substantive and procedural requirements for the issuance of authorizations; (d) governing the Minister’s determination of whether an application is a complete application for the purposes of section 16 and the deeming of applications as having been withdr…

Part iv Obligations and Operation and Closure of Carbon Storage Sites

22 Any person performing activities contemplated by this Act shall, (a) take every precaution reasonable in the circumstances to, (i) ensure that the person’s employees, agents, contractors and subcontractors comply with this Act and the regulations and any order or authorization issued under this Act, and (ii) eliminate or mitigate hazards and prevent potential hazards to the public or the environment stemming from activities carried out, as authorized or required by this Act or the regulations, or any order or authorization issued under this Act; and (b) perform any activities authorized or required by this Act or the regulations or any order or authorization issued under this Act in a manner that protects public safety and the environment. Tribunal conferral of rights over lands re carbon storage sites

23 (1) In this section, “land” includes any right or interest in the land. Order of Tribunal (2) On application by a permit holder, the Tribunal may, by order, confer on the permit holder the right to enter onto and use any lands in order to do any of the following in connection with the proper working of a carbon storage site: 1. Perform any monitoring, measurement or verification activities that are required under this Act, the regulations or an order or authorization issued under this Act. 2. Gather information, take measurements or perform assessments, including conducting or preparing surveys of land. 3. Prevent or mitigate a hazard to public safety or the environment. Patented or unpatented land (3) An order may be made in respect of any patented lands and unpatented lands. Limitation (4) An order may not confer the right to drill a well for the purposes of performing any of the ac…

24 (1) The Minister may order a permit holder to temporarily or permanently cease injecting carbon dioxide into a storage repository beginning on the effective date specified in the order if the Minister has reasonable grounds to believe that, (a) carbon dioxide is no longer being contained, or is at risk of ceasing to be contained, within the area of the storage repository identified in the permit holder’s permit; (b) the permit holder has contravened, is contravening or will contravene this Act, the regulations or an order or permit issued under this Act; (c) a well, storage repository or ancillary work that forms part of the carbon storage site constitutes or is about to become a hazard to the public or the environment or is or is about to be used in a manner that constitutes a hazard to the public or the environment; (d) no carbon dioxide has been injected into the storage repository…

25 (1) A permit holder shall not close a carbon storage site unless the conditions prescribed by the regulations made by the Minister have been met and the permit holder has obtained the written approval of the Minister. Same, closure without approval (2) Despite subsection (1), a permit holder may close a carbon storage site without the written approval of the Minister in the circumstances set out in the regulations made by the Minister. Closure ordered by Minister (3) Subsection (1) does not apply when the Minister has ordered the closure of the carbon storage site under subsection 24 (3). Conditional approval (4) The Minister may make the approval conditional by specifying in writing the conditions that must be met before the approval is valid. Closure obligations (5) A permit holder who is required to close a carbon storage site or who wishes to close a carbon storage site and is per…

26 (1) A storage permit holder is eligible to request from the Minister a closure certificate for a carbon storage site once all of the following have occurred: 1. The storage permit holder has obtained the Minister’s approval to close the carbon storage site or has been issued an order to close the carbon storage site or, if the permit holder is permitted to close the carbon storage site under subsection 25 (2), any actions or steps prescribed by the regulations made by the Minister have been completed. 2. The storage permit holder has satisfied the requirements of section 25. 3. The time period mentioned in clause 25 (5) (c) has elapsed. Issuance of certificate (2) The Minister shall issue a closure certificate to a storage permit holder who is eligible to request one and who applies for it in accordance with the regulations made by the Minister if, (a) the Minister is satisfied that t…

27 An authorization holder shall obtain and maintain insurance coverage as required by the regulations and, if requested by the Minister, shall provide proof of insurance coverage to the Ministry of the Minister within 10 days after having received the request.

28 (1) An authorization holder or former authorization holder shall provide to the Minister, upon the Minister’s written request, any information related to an authorization or any activities conducted under the authority of an authorization in the custody or under the control of the authorization holder or former authorization holder. Same (2) Any other person who has in their custody or under their control any information referred to in subsection (1) shall, upon the Minister’s written request, provide the information to the Minister. Regulations, Part IV

29 (1) The Lieutenant Governor in Council may make regulations, (a) governing orders of the Tribunal under section 23, including prescribing information and documents for the purposes of clause 23 (10) (d) and requiring that the orders be registered on title to the lands affected by the order; (b) prescribing conditions and circumstances for the purposes of clause 26 (2) (b); (c) prescribing restrictions or exceptions for the purposes of subsection 26 (3); (d) prescribing rights, duties and obligations for the purposes of clause 26 (3) (c) and governing those rights, duties and obligations, including providing that the Crown assumes specified rights, duties and obligations prescribed for the purposes of that clause in respect of previously issued closure certificates; (e) governing the reversion of rights, duties and obligations following the revocation of a closure certificate under sub…

Part V Reviews and Appeals before Tribunal

30 (1) Subject to subsections (4) and (5), the Minister shall provide an applicant for an authorization or an authorization holder, as the case may be, with written notice if the Minister proposes to, (a) impose terms and conditions on an authorization, other than any standard terms and conditions required by the regulations made under clause 21 (2) (b), or refuse to issue an authorization; (b) amend an authorization at the Minister’s discretion; (c) refuse, in whole or in part, an application to amend an authorization; (d) refuse to consent to the transfer of an authorization; (e) add terms or conditions to the consent to transfer an authorization; (f) revoke an authorization; (g) issue or amend an order to temporarily or permanently cease injection into a storage repository or to close a carbon storage site; or (h) add conditions to an approval to close a carbon storage site under subs…

31 (1) A person who receives a notice of proposal under subsection 30 (1) or a notice of suspension under subsection 20 (1) may, (a) have the Tribunal review the proposal, including any specific aspect of the proposal, if the notice relates to, (i) a research and evaluation licence, or (ii) a storage licence; or (b) appeal the proposal, including any specific aspect of the proposal, to the Tribunal if the notice relates to, (i) a research and evaluation permit, (ii) a storage permit, (iii) an order to temporarily or permanently cease injection of carbon dioxide into a storage repository, (iv) a conditional approval under subsection 25 (4), or (v) an order to close a carbon storage site. Procedure (2) In order to commence a review or appeal, a person who receives a notice referred to in subsection 30 (1) or subsection 20 (1) must provide a written notice setting out the grounds for the re…

32 (1) After holding a hearing into a notice that is subject to review under clause 31 (1) (a), the Tribunal shall provide a report to the Minister with its recommendations on the proposal and, within 10 days after submitting its report to the Minister, send a copy of the report to the person who had commenced the review. Minister’s decision (2) After considering the Tribunal’s report, the Minister shall decide whether or not to carry out the proposal and shall give written notice of the decision and the reasons for it to the person who had commenced the review, after which the Minister may carry out the proposal. Same (3) For greater certainty, the Minister may carry out the proposal, with any changes to the proposal that the Minister considers appropriate, even if doing so is inconsistent with the recommendations of the Tribunal. Decision (4) The Minister’s decision under subsection (2…

33 (1) After holding a hearing into a notice that is subject to appeal under clause 31 (1) (b), the Tribunal may issue an order, (a) in the case of a notice of proposal, (i) directing the Minister to carry out the proposal as set out in the notice, (ii) directing the Minister not to carry out the proposal as set out in the notice, or (iii) directing the Minister to take such other action that the Minister is authorized to take under this Act and that the Tribunal considers appropriate; or (b) in the case of a notice of suspension, (i) confirming or rescinding the suspension, or (ii) confirming the suspension but modifying its terms, including by requiring the permit holder to take or desist from taking additional or different actions within the time period specified by the Tribunal in order for the suspension to be lifted. Minister to carry out direction (2) The Minister shall comply wit…

34 (1) The Lieutenant Governor in council may make regulations prescribing additional circumstances for the purposes of paragraph 2 of subsection 30 (4). Minister (2) The Minister may make regulations respecting anything referred to in this Part as being prescribed or otherwise done by regulations made by the Minister.

Part VI Enforcement

35 In this Part, “enforcement officer” means an enforcement officer under section 49; (“agent d’exécution”) “inspector” means an inspector under section 37; (“inspecteur”) “justice” means a provincial judge or a justice of the peace; (“juge”) “vehicle” means any kind of vehicle that is driven, propelled or drawn on land or ice by any kind of power, including muscular power, and includes the rolling stock of a railway. (“véhicule”)

36 (1) Subject to any restrictions set out in the regulations, the Minister may order an authorization holder to retain an independent third party approved by the Minister to conduct a review of the authorization holder’s compliance with this Act, the regulations or any orders or authorizations issued under this Act. Regulations (2) The independent third party shall be retained and the review shall be conducted in accordance with the regulations. Report to the Ministry (3) The independent third party conducting the review shall, in accordance with the regulations, prepare a report on the review and provide it to the Minister and to the authorization holder. Costs (4) Except as otherwise provided by the regulations, the cost of a review under this section shall be paid by the authorization holder in accordance with the regulations. Report (5) The authorization holder shall take all steps …

37 (1) The Minister may appoint a person or designate a class of persons as inspectors for the purposes of this Act and the regulations. Inspectors by virtue of office (2) Enforcement officers are inspectors for the purposes of this Act by virtue of their office. Production of identification (3) An inspector acting under this Act shall, on request, produce identification.

38 (1) An inspector may enter and inspect any land, building or other place without a warrant and without the consent of the owner or occupier if the inspector has reasonable grounds to believe that doing so would assist in determining compliance with, (a) this Act or the regulations; (b) an authorization; (c) an approval to close a carbon storage site; or (d) an order made by an inspector, the Minister, the Tribunal or a court under this Act. Powers during inspection (2) In carrying out an inspection, an inspector may, (a) authorize any other person acting under the inspector’s direction to enter the land, building or other place, with or without the inspector, for the purpose of assisting the inspector; (b) be accompanied by any person, at the request of the inspector, who has special or expert knowledge of any matter in relation to a carbon storage site or the handling or use of a wel…

39 (1) An inspector may stop a vehicle or a boat if the inspector has reasonable grounds to believe that stopping the vehicle or boat would assist in determining compliance with, (a) this Act or the regulations; (b) an authorization; (c) an approval to close a carbon storage site; or (d) a provision of an order made by an inspector, the Minister, the Tribunal or a court under this Act. Operator to stop (2) On the inspector’s signal to stop, the operator of the vehicle or boat shall immediately stop and produce for inspection a document or any thing requested by the inspector that is relevant to the purpose for which the vehicle or boat was stopped. Stop signals (3) For the purpose of subsection (2), signals to stop include, (a) a hand signal to stop made by the inspector; (b) if the inspector is in a vehicle, intermittent flashes of red light or red and blue light; and (c) if the inspect…

40 A person shall give all reasonable assistance to an inspector conducting an inspection and shall provide any information requested by the inspector that is relevant to the inspection.

41 No person shall, (a) knowingly make a false or misleading statement to an inspector who is acting under this Act; (b) refuse to furnish information required by an inspector who is acting under this Act; or (c) otherwise obstruct an inspector who is acting under this Act.

42 (1) If an inspector has reasonable grounds to believe that a person is contravening, has contravened or is about to contravene any provision of this Act or the regulations, a term or condition of an authorization or any provision of an order issued under this Act, the inspector may give to the person whom the inspector believes to be the contravener or the person’s supervisor, or to both, an order directing compliance with the provision, term or condition and may require the order to be carried out immediately or within a time period specified by the inspector. Notice to authorization holder (2) If the order is not given to an authorization holder under subsection (1), the inspector shall provide a copy of the order to the relevant authorization holder. Contents of order (3) An order under subsection (1) shall, (a) be made in writing; (b) state the reasons for the order, including spe…

43 (1) If an inspector has reasonable grounds to believe that a carbon storage site or any well, storage repository or ancillary work that makes up the carbon storage site constitutes a hazard to the public or to the environment or is about to become a hazard to the public or to the environment, the inspector may, in writing, order the holder of the permit under whose authority the carbon storage site is operated to do any of the following with respect to the carbon storage site or any well, storage repository or ancillary work that makes up the carbon storage site: 1. To assess the potential hazard or to decrease or eliminate the likelihood of the hazard occurring or recurring and to make a written report to the inspector on the actions taken. 2. To develop a plan or procedure to assess the potential hazard or to decrease or eliminate the likelihood of the hazard occurring or recurring,…

44 An inspector may, in writing, order a permit holder to decommission a well or ancillary work within a time period that the inspector considers appropriate if the inspector is of the opinion that the well or ancillary work represents a hazard to the public or to the environment.

45 An order under section 42, 43 or 44 may include in the order a direction that, (a) a well, storage repository or ancillary work not be used until the order is complied with; or (b) an activity permitted by an authorization not be performed.

46 (1) An inspector may affix a tag to a well or ancillary work if, (a) the inspector has issued an order under section 42, 43 or 44 that relates to the well or ancillary work; (b) the Minister has issued an order to close a carbon storage site and the well or ancillary work makes up a part of the site; or (c) the well or ancillary work may not be used because of an order to temporarily or permanently cease injecting carbon dioxide. Notification (2) An inspector who affixes a tag to a well or ancillary work shall notify, in writing, the relevant permit holder and any person found operating the well or ancillary work at the time at which the tag is affixed of the fact that the tag has been affixed to the well or ancillary work. Use of tagged well or ancillary work (3) If a tag is affixed to a well or ancillary work, no person shall, (a) use the well or ancillary work; or (b) knowingly rem…

47 (1) Any person to whom an order of an inspector has been issued may appeal the order to the Minister within 30 days after the order is made by giving the Minister a written notice setting out the grounds for the appeal and paying any fee established by the Minister. Minister’s designee (2) The Minister may designate, as the Minister’s designee for the purpose of disposing of an appeal under this section, (a) a single individual; (b) a panel of three individuals or such greater odd number of individuals, who shall act by majority vote; or (c) the Tribunal. Appeal body (3) For the purposes of this section, a reference to the appeal body is a reference to the Minister or, if the Minister makes a designation under subsection (2), to whoever the Minister has designated under that subsection to dispose of the appeal. Application of Statutory Powers Procedure Act (4) The Statutory Powers Pro…

48 (1) The Minister may direct that any action be taken to prevent or eliminate a hazard to the public or the environment that has resulted from or is likely to result from a contravention under this Act in respect of which an inspector’s order has been issued if the contravention relates to a carbon storage site or any well, storage repository or ancillary work that makes up the carbon storage site and if, (a) the authorization holder is deemed incapable of acting within the meaning of subsection 1 (4); and (b) the Minister has reasonable grounds to believe that the action would prevent or eliminate the hazard. Entry onto land (2) A person acting under the direction of the Minister may enter onto the land on which a well, storage repository or ancillary work is located or onto adjacent land without a warrant under subsection (4) if, (a) the entry is made with the consent of an occupier …

49 (1) The Minister may appoint persons or designate a class of persons as enforcement officers for the purposes of this Act and the regulations. Enforcement officers by virtue of office (2) For the purposes of this Act and the regulations, a conservation officer appointed under subsection 87 (1) of the Fish and Wildlife Conservation Act, 1997 or of a class of persons appointed as conservation officers under that subsection as well as any other persons prescribed by the regulations or of a class of persons prescribed by the regulations are enforcement officers by virtue of their office. Production of identification (3) An enforcement officer acting under this Act shall, on request, produce identification.

50 (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 believes on reasonable grounds that there is in a building or other place or in a vehicle or boat anything that will afford evidence of an offence under this Act but that the time required to obtain a search warrant would lead to the loss, removal or destruction of the evidence, the enforcement officer may, without a search warrant, enter and search the building or other place or the vehicle or boat. Dwellings (3) Subsection (2) does not apply to a building or a part of a building that is being used as a dwelling unless the occupier of the dwelling consents to the entry. Computers, etc. (4) An enforcement officer who is conducting a search that is authorized by a search warrant or by subsection (2) may, (a) access any com…

51 (1) On application without notice, a justice may issue an order to a person, other than a person under investigation for an offence, requiring the person to do any of the following: 1. Produce documents or copies of documents certified to be true copies. 2. Produce data. 3. Prepare a document based on documents or data already in existence and produce it. Content of order (2) An order shall require the document or data to be produced within the time period, 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 if 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 document or data will provide evidence respecting the offence; and (c) the pe…

52 (1) An enforcement officer who is lawfully in a building or other place may, without a warrant, seize any thing in plain view if the enforcement officer believes on reasonable grounds that it, (a) has been used in the commission of an offence under this Act; (b) will afford evidence of the commission of an offence under this Act; or (c) is intermixed with a thing referred to in clause (a) or (b). Presence pursuant to warrant (2) If an 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) Subject to subsections (4) and (5), an enforcement officer shall deliver any thing that the enforcement officer seizes to a person authorized by the Minister for safekeeping. Leaving with occupant (4) Subject to subsection (5), an enforcement officer may leave a thing that the enf…

53 (1) An enforcement officer may, without a warrant, arrest a person if the enforcement officer believes on reasonable grounds that the person is committing, has committed or is about to commit an offence under this Act. Release by enforcement officer (2) An enforcement officer who arrests a person under this section shall, as soon as practicable, release the person from custody, unless the enforcement 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 the summons or offence notice o…

54 An enforcement officer may use reasonable force if necessary to exercise any of the powers in sections 50 and 53.

55 No person shall, (a) knowingly make a false or misleading statement to an enforcement officer who is acting under this Act; (b) refuse to furnish information required by an enforcement officer who is acting under this Act; or (c) otherwise obstruct an enforcement officer who is acting under this Act.

56 (1) No person shall, (a) contravene an authorization, including any terms or conditions of the authorization; (b) contravene an approval to close a carbon storage site, including a conditional approval; (c) contravene an order issued under this Act by the Minister, an inspector, the Tribunal or a court; (d) knowingly make a false statement or provide false information in a document required under this Act; (e) fail to carry out the directions of an inspector; (f) unlawfully tamper or interfere with a carbon storage site or any well, storage repository or ancillary work that makes up a carbon storage site; or (g) cause or permit a carbon storage site or any well, storage repository or ancillary work that makes up a carbon storage site to be operated in a manner that results in a hazard to public safety or to the environment or cause or permit any activity related to a carbon storage si…

57 The Minister may make regulations respecting anything referred to in this Part as being prescribed or otherwise done by the regulations.

Part VII Carbon Storage Stewardship Fund

58 In this Part, “Fund” means the Carbon Storage Stewardship Fund established under subsection 59 (1).

59 (1) A fund known in English as the Carbon Storage Stewardship Fund and in French as Fonds d’intendance pour le stockage du carbone is established. Dissolution of Fund (2) The Lieutenant Governor in Council may, by regulation, dissolve the Fund. Public Accounts (3) The Fund shall be reported as an account in the Public Accounts. Amounts recorded in the Fund (4) The following amounts shall be recorded in the Fund: 1. The amount of money paid into the fund under subsection (5). 2. Amounts credited to the Fund under subsection (6). 3. Interest credited to the Fund in accordance with subsection (7). 4. Money from sources prescribed by the regulations. Payments to the Fund (5) An authorization holder and any other person prescribed by the regulations shall, as required by and in accordance with the regulations, pay money into the Fund. Fund may be subsidized (6) Treasury Board, having regar…

60 Subject to the regulations, amounts not exceeding the balance of the Fund may be charged to the Fund and paid out of the Consolidated Revenue Fund for the following purposes: 1. To fund expenses incurred by the Crown in exercising rights or fulfilling duties or obligations that it assumed under a closure certificate or by application of subsection 26 (7). 2. To fund liabilities of the Crown that it assumed under a closure certificate or by application of subsection 26 (7). 3. To fund expenses incurred by the Crown in connection with the administration of the Fund. 4. To reimburse the Crown for expenditures it has incurred, directly or indirectly, for any purpose described in paragraph 1, 2 or 3. 5. Any additional purpose prescribed by the regulations. Regulations, Part VII

61 The Lieutenant Governor in Council may make regulations, (a) prescribing the purposes of the Fund; (b) prescribing sources of money for the purposes of paragraph 4 of subsection 59 (4); (c) governing payments into the fund under subsection 59 (5), including prescribing persons required to pay money into the Fund, the types of payments that are required to be made and the amounts, or methods of determining the amounts, required to be paid into the fund and governing the timing of such payments; (d) providing for expenditures that may not be charged to the Fund and paid out of the Consolidated Revenue Fund; (e) prescribing additional purposes for the purposes of paragraph 5 of section 60; (f) restricting the use of monies in the Fund and prescribing expenditures or activities that are not eligible to receive funding; (g) addressing any matters arising from the dissolution of the Fund.

Part VIII General

62 The Minister may approve forms for the purposes of this Act and provide for their use. Regulations, general

63 (1) The Lieutenant Governor in Council may make regulations, (a) defining any term or expression used in this Act that is not defined in this Act; (b) prescribing matters or considerations that the Minister, the Minister’s designee under subsection 47 (2), the Tribunal or the Ontario Energy Board must consider in making any decisions under this Act; (c) clarifying any questions of ownership of or rights in respect of land or pore space arising from the application of this Act, including any questions stemming from the application of Part II and the making, amendment or revocation of a regulation under subsection 8 (1); (d) requiring and governing the registration of notices on title with respect to lands that may be affected by the construction, use, maintenance, decommissioning and closure of a carbon storage site; (e) respecting any matter necessary or advisable to carry out effecti…

64 (1) The Lieutenant Governor in Council may make regulations addressing any transitional matters as the Lieutenant Governor considers necessary or advisable to, (a) facilitate the implementation of this Act; (b) deal with any problems or issues arising as a result of the repeal, amendment, enactment or re-enactment of a provision of any Act by Schedule 2 to the Resource Management and Safety Act, 2025. Same (2) Without limiting the generality of subsection (1), regulations under that subsection may provide for any transitional matters in relation to special projects under the Oil, Gas and Salt Resources Act, including, (a) providing that an instrument under that Act is deemed to be an instrument under this Act; (b) exempting a person to whom a designation designating a special project is issued from, (i) any provisions of this Act, including provisions respecting an application for an …

65 (1) No cause of action arises against any current or former member of the Executive Council, Deputy Minister, inspector or enforcement officer under this Act, Minister’s designee under subsection 47 (2) or employee or agent of the Crown for any act done in good faith in the exercise or performance, or intended exercise or performance, of the person’s powers, duties or functions under this Act or for any alleged neglect, default or other omission in the exercise or performance in good faith of those powers, duties or functions. Crown remains vicariously liable (2) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (1) does not relieve the Crown of liability to which it would otherwise be subject as a result of the acts or omissions of a person specified in subsection (1). No liability for acts or omissions of others (3) No cause of action arises again…

66 (1) No proceeding shall be commenced, (a) against any person specified in subsection 65 (1) in respect of a matter referred to in that subsection; or (b) against the Crown or any person specified in subsection 65 (1) in respect of a matter referred to in subsection 65 (3). Same (2) Subsection (1) does not apply with respect to an application for judicial review but does apply with respect to any other court, administrative or arbitral proceeding claiming any remedy or relief, including specific performance, an injunction, declaratory relief, a remedy in contract, restitution, unjust enrichment or tort, a remedy for breach of trust or fiduciary obligation or any equitable remedy, enforcement of a judgment, order or award made outside Ontario or any form of compensation or damages including loss of revenue or profit. Proceedings by Crown not prevented (3) This section does not apply wit…

67 Omitted (amends, repeals or revokes other legislation).

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

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