Environmental Protection Act

1 (1) In this Act, “administrative penalty” means a penalty imposed under section 182.3; (pénalité administrative”) Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “administrative penalty” in subsection 1 (1) of the Act is amended by striking out “182.3” at the end and substituting “182.1 or 182.4”. (See: 2019, c. 14, Sched. 8, s. 1 (1)) “adverse effect” means one or more of, (a) impairment of the quality of the natural environment for any use that can be made of it, (b) injury or damage to property or to plant or animal life, (c) harm or material discomfort to any person, (d) an adverse effect on the health of any person, (e) impairment of the safety of any person, (f) rendering any property or plant or animal life unfit for human use, (g) loss of enjoyment of normal use of property, and (h) interference with the normal conduct of business; (“con…

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

2.1 For the purposes of this Act and the regulations made under it and any other Act and the regulations made under any other Act, (a) any reference to an environmental compliance approval includes, (i) a certificate of approval or provisional certificate of approval issued under section 9 or 39 before the day this section comes into force, and (ii) an approval granted under section 53 of the Ontario Water Resources Act before the day this section comes into force; and (b) any certificate of approval, provisional certificate of approval or approval mentioned in subclause (a) (i) or (ii) may be amended, reviewed, suspended and revoked as if it were an environmental compliance approval. 2010, c. 16, Sched. 7, s. 2 (3). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 7, s. 2 (3) - 31/10/2011

PART I ADMINISTRATION

3 (1) The purpose of this Act is to provide for the protection and conservation of the natural environment. R.S.O. 1990, c. E.19, s. 3. Extra-provincial environment (2) No action taken under this Act is invalid by reason only that the action was taken for the purpose of the protection, conservation or management of the environment outside Ontario’s borders. Idem (3) Subsection (2) applies even if the action was taken before the coming into force of that subsection. 1992, c. 1, s. 23. Section Amendments with date in force (d/m/y) 1992, c. 1, s. 23 - 27/04/1992

4 (1) The Minister, for the purposes of the administration and enforcement of this Act and the regulations, may, (a) investigate problems of pollution, waste management, waste disposal, litter management and litter disposal; (b) conduct research related to contaminants, pollution, waste management, waste disposal, litter management and litter disposal; (c) conduct studies of the quality of the natural environment, meteorological studies, and monitoring programs; (d) conduct studies of environmental planning designed to lead to the wise use of the natural environment; (e) convene conferences and conduct seminars and educational and training programs relating to contaminants, pollution, waste and litter; (f) gather, publish and disseminate information relating to contaminants, pollution, waste and litter; (g) make grants and loans in such amounts and upon such terms as the Minister conside…

5 (1) The Minister may in writing appoint as Directors any of the following persons as the Minister considers necessary in respect of the sections of this Act or of the regulations that are set out in the appointments: 1. Public servants employed under Part III of the Public Service of Ontario Act, 2006 who work in the Ministry or the members of classes of such public servants. 2. Subject to the approval of the Lieutenant Governor in Council, any other persons or the members of any other classes of persons. 2006, c. 35, Sched. C, s. 36 (1); 2017, c. 2, Sched. 11, s. 2 (1). Analysts and provincial officers (2) The Minister may in writing appoint as analysts or designate as provincial officers any of the following persons as the Minister considers necessary in respect of the sections of any Act administered by the Minister or of the regulations under such Act that are set out in the appoin…

PART II GENERAL PROVISIONS

6 (1) No person shall discharge into the natural environment any contaminant, and no person responsible for a source of contaminant shall permit the discharge into the natural environment of any contaminant from the source of contaminant, in an amount, concentration or level in excess of that prescribed by the regulations. R.S.O. 1990, c. E.19, s. 6 (1). Exception (2) Subsection (1) does not apply to animal wastes disposed of in accordance with both normal farming practices and the regulations made under the Nutrient Management Act, 2002. 2002, c. 4, s. 62 (1). Section Amendments with date in force (d/m/y) 2002, c. 4, s. 62 (1) - 01/07/2003

7 (1) When the report of a provincial officer contains a finding that a contaminant discharged into the natural environment is a contaminant the use of which is prohibited by the regulations or is being discharged in contravention of section 14 or the regulations, the Director may issue a control order directed to, (a) an owner or previous owner of the source of contaminant; (b) a person who is or was in occupation of the source of contaminant; or (c) a person who has or had the charge, management or control of the source of contaminant. Contravention of s. 14 (1.1) No order shall be issued under subsection (1) as a result of a finding that a contaminant is being discharged in contravention of section 14 unless the contravention causes or is likely to cause an adverse effect. 2005, c. 12, s. 1 (4). Public notice (2) The Director shall give notice of the control order to every municipalit…

8 (1) When the Director, upon reasonable and probable grounds, is of the opinion that a source of contaminant is discharging into the natural environment any contaminant that constitutes, or the amount, concentration or level of which constitutes, an immediate danger to human life, the health of any persons, or to property, the Director may issue a stop order directed to, (a) an owner or previous owner of the source of contaminant; (b) a person who is or was in occupation of the source of contaminant; or (c) a person who has or had the charge, management or control of the source of contaminant. Public notice (2) The Director shall give notice of the stop order to every municipality in which the contaminant is discharged and to the public in such manner as the Director considers appropriate. R.S.O. 1990, c. E.19, s. 8.

9 (1) No person shall, except under and in accordance with an environmental compliance approval, (a) use, operate, construct, alter, extend or replace any plant, structure, equipment, apparatus, mechanism or thing that may discharge or from which may be discharged a contaminant into any part of the natural environment other than water; or (b) alter a process or rate of production with the result that a contaminant may be discharged into any part of the natural environment other than water or the rate or manner of discharge of a contaminant into any part of the natural environment other than water may be altered. R.S.O. 1990, c. E.19, s. 9 (1); 2010, c. 16, Sched. 7, s. 2 (4). (2) Repealed: 2010, c. 16, Sched. 7, s. 2 (5). Exceptions (3) Subsection (1) does not apply to, (a) routine maintenance carried out on any plant, structure, equipment, apparatus, mechanism or thing; (b) equipment fo…

10 (1) A person responsible for a source of contaminant may submit to the Director a program to prevent or to reduce and control the discharge into the natural environment of any contaminant from the source of contaminant. Referral of program (2) When a program referred to in subsection (1) is submitted to the Director, the Director may, with the consent of the Minister, refer the program to the Environmental Council for its consideration and advice. Approval of program (3) The Director may issue a program approval, directed to the person who submitted the program. R.S.O. 1990, c. E.19, s. 10.

11 (1) The Director shall, in a program approval, (a) set out the name of the person to whom the approval is directed; (b) set out the location and nature of the source of contaminant; (c) set out the details of the program; and (d) approve the program. Amendment or revocation (2) The Director may, by order, amend or revoke a program approval that was issued in error or that no longer adequately provides for the protection and conservation of the natural environment. Amendment or revocation on consent (3) The Director may, by order, amend or revoke a program approval with the consent of the person to whom the program approval is directed. No hearing for amendment or revocation on consent (4) Subsection 140 (1) does not entitle any person to a hearing in respect of an amendment or revocation of a program approval in accordance with a consent mentioned in subsection (3). R.S.O. 1990, c. E.…

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

13 (1) Every person, (a) who discharges into the natural environment; or (b) who is the person responsible for a source of contaminant that discharges into the natural environment,

any contaminant in an amount, concentration or level in excess of that prescribed by the regulations shall forthwith notify the Ministry of the discharge. Exception (2) Subsection (1) does not apply to animal wastes disposed of in accordance with normal farming practices. R.S.O. 1990, c. E.19, s. 13.

14 (1) Subject to subsection (2) but despite any other provision of this Act or the regulations, a person shall not discharge a contaminant or cause or permit the discharge of a contaminant into the natural environment, if the discharge causes or may cause an adverse effect. 2005, c. 12, s. 1 (5). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 14 (1) of the Act is amended by striking out “if the discharge causes or may cause an adverse effect” at the end and substituting “if the discharge causes or is likely to cause an adverse effect.” (See: 2019, c. 14, Sched. 8, s. 4 (1)) Exceptions (2) Subsection (1) does not apply to, (a) a discharge that is authorized under this Act or the Ontario Water Resources Act, if the discharge does not cause and is not likely to cause an adverse effect; or (b) a discharge of a contaminant that arises when animal wastes are…

15 (1) Every person who discharges a contaminant or causes or permits the discharge of a contaminant into the natural environment shall forthwith notify the Ministry if the discharge is out of the normal course of events, the discharge causes or is likely to cause an adverse effect and the person is not otherwise required to notify the Ministry under section 92. 2005, c. 12, s. 1 (6). Same (1.1) The notice required by subsection (1) shall be given in accordance with any requirements prescribed by the regulations. 2005, c. 12, s. 1 (6). Exception (2) Subsection (1) does not apply to animal wastes disposed of in accordance with normal farming practices. R.S.O. 1990, c. E.19, s. 15. Section Amendments with date in force (d/m/y) 2005, c. 12, s. 1 (6) - 13/06/2005

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

17 Where any person causes or permits the discharge of a contaminant into the natural environment, so that land, water, property, animal life, plant life, or human health or safety is injured, damaged or endangered, or is likely to be injured, damaged or endangered, the Director may order the person to, (a) repair the injury or damage; (b) prevent the injury or damage; or (c) where the discharge has damaged or endangered or is likely to damage or endanger existing water supplies, provide temporary or permanent alternate water supplies. R.S.O. 1990, c. E.19, s. 17; 2005, c. 12, s. 1 (7). Section Amendments with date in force (d/m/y) 2005, c. 12, s. 1 (7) - 13/06/2005

18 (1) The Director, in the circumstances mentioned in subsection (2), by a written order may require a person who owns or owned or who has or had management or control of an undertaking or property to do any one or more of the following: 1. To have available at all times, or during such periods of time as are specified in the order, the equipment, material and personnel specified in the order at the locations specified in the order. 2. To obtain, construct and install or modify the devices, equipment and facilities specified in the order at the locations and in the manner specified in the order. 3. To implement procedures specified in the order. 4. To take all steps necessary so that procedures specified in the order will be implemented in the event that a contaminant is discharged into the natural environment from the undertaking or property. 5. To monitor and record the presence or di…

19 (1) A certificate of property use, an order or approval of a court, the Minister, the Director or a provincial officer under this Act or a notice of the Director or a provincial officer under section 157.4 is binding on the executor, administrator, administrator with the will annexed, guardian of property or attorney for property of the person to whom it was directed, and on any other successor or assignee of the person to whom it was directed. 2001, c. 17, s. 2 (4); 2010, c. 16, Sched. 7, s. 2 (9). Limitation (2) If, pursuant to subsection (1), an order is binding on an executor, administrator, administrator with the will annexed, guardian of property or attorney for property, their obligation to incur costs to comply with the order is limited to the value of the assets they hold or administer, less their reasonable costs of holding or administering the assets. 2001, c. 17, s. 2 (4).…

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

Part II.1 Environmental compliance approvals

20.1 In this Part, “prescribed instrument” means a document of legal effect that is issued or otherwise created under a prescribed provision of an Act administered by the Minister, including a permit, licence, approval or authorization but excluding an environmental compliance approval; (“acte prescrit”) “sewage works” has the same meaning as in the Ontario Water Resources Act; (“station d’épuration des eaux d’égout”) “waste disposal site” has the same meaning as in section 25; (“lieu d’élimination des déchets”) “waste management system” has the same meaning as in section 25. (“système de gestion des déchets”) 2010, c. 16, Sched. 7, s. 2 (15); 2017, c. 2, Sched. 11, s. 2 (2). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 7, s. 2 (15) - 31/10/2011 2017, c. 2, Sched. 11, s. 2 (2) - 22/03/2017

Application for Approval

20.2 (1) A person may apply to the Director for approval to engage in an activity mentioned in subsection 9 (1) or 27 (1) of this Act or subsection 53 (1) of the Ontario Water Resources Act if the activity has not been prescribed by the regulations for the purposes of subsection 20.21 (1). 2010, c. 16, Sched. 7, s. 2 (15). Director’s order (2) Despite subsection (1), a person may apply to the Director for approval to engage at a site in an activity that has been prescribed by the regulations for the purposes of subsection 20.21 (1) if the Director issues an order under section 20.18 in respect of the activity at the site. 2010, c. 16, Sched. 7, s. 2 (15). Discontinuation of application, Part II.2 activity (3) If an application for approval to engage in an activity is submitted to the Director and no decision has been made in respect of the application before the day on which a regulation…

20.3 (1) After consideration of an application for approval under section 20.2 in respect of one or more activities, the Director may, (a) issue or refuse to issue an environmental compliance approval in respect of one or more of the activities; (b) if the Director issues an environmental compliance approval, (i) impose terms and conditions in the approval, and (ii) incorporate any environmental compliance approvals that are in effect into the new approval and revoke the approvals that have been incorporated; (c) amend an environmental compliance approval that is in effect and impose, alter or revoke terms and conditions or expand the scope of the approval to other activities or sites; (d) revoke an environmental compliance approval in whole or in part, with or without issuing a new approval; and (e) suspend an environmental compliance approval in whole or in part. 2010, c. 16, Sched. 7,…

Application for Review

20.4 (1) A holder of an environmental compliance approval may apply for a review of the approval. 2010, c. 16, Sched. 7, s. 2 (15). Mandatory review (2) A holder of an environmental compliance approval shall apply for a review of the approval, (a) on or before the date specified by the Director, if the Director has specified a date under section 20.12; or (b) if no date has been specified by the Director, on or before the date prescribed under subsection 176 (1.2). 2010, c. 16, Sched. 7, s. 2 (15); 2017, c. 2, Sched. 11, s. 2 (3). Form (3) An application for review shall be prepared and submitted to the Director in accordance with any requirements prescribed by the regulations. 2010, c. 16, Sched. 7, s. 2 (15). Approval remains in effect (4) Despite subsections (1) and (2), an environmental compliance approval remains in effect unless it is suspended or revoked by the Director. 2010, c. …

20.5 After consideration of an application for a review of an environmental compliance approval, the Director may, (a) amend the approval and impose, alter or revoke terms and conditions or expand the scope of the approval to other activities or sites; (b) revoke the approval in whole or in part, with or without issuing a new approval; (c) issue a new environmental compliance approval and exercise the powers mentioned in clause 20.3 (1) (b); (d) suspend the approval in whole or in part; or (e) give notice that no changes have been made to the approval as a result of the review. 2010, c. 16, Sched. 7, s. 2 (15). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 7, s. 2 (15) - 31/10/2011

Terms and Conditions

20.6 (1) In imposing terms and conditions in an environmental compliance approval, the Director may include terms and conditions in respect of, but not limited to, (a) future specified alterations, extensions, enlargements or replacements, including future specified alterations, extensions, enlargements or replacements to be carried out by persons prescribed by the regulations; (b) operational parameters, including maximum rates of production, process limits, performance limits and parameters relating to equipment and infrastructure; and (c) alterations, extensions, enlargements or replacements to be carried out within the operational parameters mentioned in clause (b), including alterations, extensions, enlargements or replacements to be carried out within the operational parameters by persons prescribed by the regulations. 2010, c. 16, Sched. 7, s. 2 (15). Same (2) If the Director impo…

General Powers and Duties of Director

20.7 (1) In exercising any of his or her powers under this Part, whether on his or her own initiative or on application, the Director may exercise the power if he or she considers it to be necessary for the purposes of, (a) this Act, if the power is exercised in respect of an activity for which an environmental compliance approval is required under section 9 or 27; or (b) the Ontario Water Resources Act, if the power is exercised in respect of an activity for which an environmental compliance approval is required under section 53 of that Act. 2010, c. 16, Sched. 7, s. 2 (15). Past conduct (2) The Director may suspend, revoke or refuse to issue an environmental compliance approval if the past conduct of the holder of the approval or the applicant, or, if the holder or applicant is a corporation, of its officers and directors, affords reasonable grounds to believe that the person will not …

20.8 The Director may require a person who submits an application under this Part to submit any plans, specifications, technical reports or other information and to carry out and report on any tests or experiments relating to any activity in respect of which the application is made. 2010, c. 16, Sched. 7, s. 2 (15). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 7, s. 2 (15) - 31/10/2011

20.9 The Director may require a person who submits an application under this Part to consult with the persons specified by the Director in a manner specified by the Director before the Director makes a decision in respect of the application. 2010, c. 16, Sched. 7, s. 2 (15). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 7, s. 2 (15) - 31/10/2011

20.10 The Director may issue an environmental compliance approval in respect of one or more activities at one or more sites. 2010, c. 16, Sched. 7, s. 2 (15). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 7, s. 2 (15) - 31/10/2011

20.11 If the Director issues an environmental compliance approval to use, operate, establish, alter, extend or replace a sewage works at a site, the Director may, in issuing the approval, provide in the approval that some or all of the approvals previously issued in respect of the sewage works are revoked on the day when the new environmental compliance approval is issued, and if the Director so provides, those approvals are revoked on that day. 2010, c. 16, Sched. 7, s. 2 (15). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 7, s. 2 (15) - 31/10/2011

20.12 (1) In issuing, amending or reviewing an environmental compliance approval, the Director may specify a date in the approval by which an application for review of the approval must be submitted. 2010, c. 16, Sched. 7, s. 2 (15). Combined review (2) The Director may, by written notice, require a person who submits an application under this Part in respect of an activity at a site to submit an application for a review by a date specified by the Director of one or more environmental compliance approvals in respect of the same site that have been issued and the person shall comply with the requirement. 2010, c. 16, Sched. 7, s. 2 (15). Same (3) In the event of a conflict between dates mentioned in subsections (1) and (2), the date specified under subsection (2) applies. 2010, c. 16, Sched. 7, s. 2 (15). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 7, s. 2 (15) - 31/…

20.13 The Director may, on his or her own initiative, (a) alter or revoke terms and conditions of an environmental compliance approval after it has been issued; (b) impose new terms and conditions in an environmental compliance approval; or (c) suspend or revoke all or part of an environmental compliance approval. 2010, c. 16, Sched. 7, s. 2 (15). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 7, s. 2 (15) - 31/10/2011

20.14 (1) Subject to subsection (2), the Director shall consider an application submitted to him or her under this Part. 2010, c. 16, Sched. 7, s. 2 (15). Exception (2) The Director is not required to consider an application that has not been prepared and submitted in accordance with any requirements prescribed by the regulations. 2010, c. 16, Sched. 7, s. 2 (15). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 7, s. 2 (15) - 31/10/2011

Hearings

20.15 (1) The Director may, before making a decision on an application under this Part, require the Tribunal, by written notice, to hold a hearing with respect to the application or a matter that relates to the application. 2010, c. 16, Sched. 7, s. 2 (15). Notice of hearing (2) If a hearing is required under subsection (1), at least 15 days notice shall be given to any persons specified by the Tribunal and in such manner as the Tribunal may direct. 2010, c. 16, Sched. 7, s. 2 (15). Same (3) Upon receipt of a notice from the Director under subsection (1), the Tribunal shall hold a hearing. 2010, c. 16, Sched. 7, s. 2 (15). Proposed decision (4) If the Director requires the Tribunal to hold a hearing in respect of a matter that relates to the application, the Director shall inform the Tribunal of decisions that the Director proposes to make on matters not referred to the Tribunal in conne…

20.16 A party to a proceeding under this Part before the Tribunal may appeal from its decision on a question of law to the Divisional Court. 2021, c. 4, Sched. 10, s. 1 (1). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 7, s. 2 (15) - 31/10/2011 2021, c. 4, Sched. 10, s. 1 (1) - 01/06/2021

Approvals Relating to Activities Prescribed for the Purposes of Part II.2

20.17 An environmental compliance approval or a prescribed instrument ceases to apply in respect of an activity at a site on the earlier of, (a) the date, as set out in a confirmation of registration provided by the Director under Part II.2, on which a registration is in effect in respect of the activity at the site; and (b) the date prescribed by the regulations in respect of the activity for the purposes of this section. 2010, c. 16, Sched. 7, s. 2 (15); 2017, c. 2, Sched. 11, s. 2 (4). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 7, s. 2 (15) - 31/10/2011 2017, c. 2, Sched. 11, s. 2 (4) - 22/03/2017

20.18 (1) The Director may issue an order to a person who is engaging in or who proposes to engage in an activity at a site, stating that Part II.2 of the Act does not apply in respect of the activity at the site. 2010, c. 16, Sched. 7, s. 2 (15). Continuation of approval (2) If an environmental compliance approval is in effect when the Director issues an order under subsection (1), the Director may specify in the order that, (a) the approval continues to apply; and (b) the approval may be amended on application under subsection 20.2 (1). 2010, c. 16, Sched. 7, s. 2 (15). Continuation of prescribed instrument (3) If a prescribed instrument is in effect when the Director issues an order under subsection (1), the Director may specify in the order that the prescribed instrument continues to apply. 2017, c. 2, Sched. 11, s. 2 (5). Section Amendments with date in force (d/m/y) 2010, c. 16, Sc…

Part II.2 Registrations

20.19 In this Part, “prescribed instrument” means a document of legal effect that is issued or otherwise created under a prescribed provision of an Act administered by the Minister, including a permit, licence, approval or authorization, but excluding an environmental compliance approval; (“acte prescrit”) “registration” means a registration in the Registry; (“enregistrement”) “Registry” means the registry established under subsection 20.20 (1). (“Registre”) 2010, c. 16, Sched. 7, s. 2 (19); 2017, c. 2, Sched. 11, s. 2 (6). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 7, s. 2 (19) - 31/10/2011 2017, c. 2, Sched. 11, s. 2 (6) - 22/03/2017

20.20 (1) The Director shall establish, maintain and operate a public registry known in English as the Environmental Activity and Sector Registry and in French as Registre environnemental des activités et des secteurs. 2010, c. 16, Sched. 7, s. 2 (19). Purposes (2) The purposes of the Registry are the following: 1. To allow persons to register activities prescribed by the regulations for the purposes of subsection 20.21 (1). 2. To provide public access to information contained in the registrations and other information filed in the Registry. 3. Such other purposes as may be prescribed by the regulations. 2010, c. 16, Sched. 7, s. 2 (19). Delegation agreement (3) Section 168.9 applies, with necessary modifications, in respect of the Registry and despite subsection 180 (2), no action or other proceeding shall be commenced against the Crown in right of Ontario, a public servant employed und…

20.21 (1) Subject to subsections (2), (3) and (4), no person shall engage in an activity at a site if the activity has been prescribed by the regulations for the purposes of this subsection unless, (a) the person has registered the activity in the Registry in accordance with the regulations; (b) the Director has provided the person with a confirmation of registration in respect of the activity; (c) the person engages in the activity in accordance with the regulations; and (d) the registration is not suspended and has not been removed from the Registry. 2010, c. 16, Sched. 7, s. 2 (19). Exception, order under s. 20.18 (2) Subject to subsection (3), subsection (1) does not apply if the Director has issued an order under section 20.18 in respect of the activity and the order has not been revoked. 2010, c. 16, Sched. 7, s. 2 (19). Same, transition (3) If a registration is in effect in respec…

20.22 (1) If a person registers an activity in the Registry and pays the required fee and provides the required financial assurance, if any, the Director shall provide the person with a confirmation of registration, which may be provided electronically. 2010, c. 16, Sched. 7, s. 2 (19). Retention of confirmation and maintenance of registration (2) A person who engages in a registered activity shall ensure that the confirmation of registration is retained and that, (a) the registration is maintained and updated in accordance with the regulations; and (b) the registration includes any information, reports, records or documents as may be required by the Director or as may be prescribed by the regulations. 2010, c. 16, Sched. 7, s. 2 (19). Complete and accurate information, etc. (3) If the Director is not satisfied that any information, reports, records or documents included in or filed with…

20.23 (1) The Director may suspend a registration in respect of an activity or remove the registration from the Registry if, (a) the person who is engaging in the activity is in contravention of this Act, the Ontario Water Resources Act or the regulations made under either of those Acts; (b) the confirmation of registration was provided on the basis of mistaken, false or inaccurate information; (c) the person who is engaging in the activity requests that its registration be removed; (d) the person who was engaging in the activity is no longer doing so; (e) the Director has issued an order under section 20.18 to the person who is engaging in the activity and, (i) if no application has been made for an approval under Part II.1 or for a prescribed instrument under another Act, (A) the period during which a hearing may be required in respect of the order has lapsed, or (B) if a hearing has b…

20.24 Any person who gives a notice or issues an order under this Part or a notice under section 157.4 shall file a copy of the notice or order in the Registry. 2010, c. 16, Sched. 7, s. 2 (19). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 7, s. 2 (19) - 31/10/2011 Part III (s. 21-23) Repealed: 2019, c. 14, sched. 8, s. 5.

21 Repealed: 2019, c. 14, Sched. 8, s. 5. Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 8, s. 5 - 01/07/2022

22 Repealed: 2019, c. 14, Sched. 8, s. 5. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 3 - 01/02/1999 2019, c. 14, Sched. 8, s. 5 - 01/07/2022

23 Repealed: 2019, c. 14, Sched. 8, s. 5. Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 8, s. 5 - 01/07/2022

PART IV WATER

24 (1) In this section, “ice shelter” means any structure that is located on or over ice over any water for more than one day and that is or may be used for shelter, privacy or the storage or sale of any thing; (“abri sur glace”) “owner”, when used in relation to an ice shelter, includes a person who has the right to use or occupy the ice shelter; (“propriétaire”) “waste” means human excrement or any refuse that is discharged or deposited in or from an ice shelter. (“déchets”) R.S.O. 1990, c. E.19, s. 24 (1). Discharge of waste prohibited (2) No person shall discharge or cause or permit the discharge of any waste on ice over any water except in accordance with the regulations. R.S.O. 1990, c. E.19, s. 24 (2). Removal of ice shelter by provincial officer (3) Except as provided in subsection (4), where an ice shelter is placed or allowed to remain on ice over any water in contravention of …

PART V WASTE MANAGEMENT

25 In this Part, “operator” means the person in occupation or having the charge, management, or control of a waste management system or a waste disposal site; (“exploitant”) “owner” includes, (a) a person that is responsible for the establishment or operation of a waste management system or waste disposal site, or (b) the person that owns the land in or on which a waste disposal site is located; (“propriétaire”) “owner”, in section 47, means a person that is responsible for the operation of a well that is a waste disposal site; (“propriétaire”) “waste” includes ashes, garbage, refuse, domestic waste, industrial waste, or municipal refuse and such other materials as are designated in the regulations; (“déchets”) “waste disposal site” means, (a) any land upon, into, in or through which, or building or structure in which, waste is deposited, disposed of, handled, stored, transferred, treate…

26 This Part does not apply to the storage or disposal by any person of the person’s domestic wastes on the person’s own property unless the Director is of the opinion, based upon reasonable and probable grounds, that such storage or disposal is or is likely to create a nuisance, or to any sewage or other works to which the Ontario Water Resources Act or the regulations thereunder apply. R.S.O. 1990, c. E.19, s. 26; 2005, c. 12, s. 1 (11). Section Amendments with date in force (d/m/y) 2005, c. 12, s. 1 (11) - 13/06/2005

27 (1) No person shall use, operate, establish, alter, enlarge or extend a waste management system or a waste disposal site except under and in accordance with an environmental compliance approval. 2010, c. 16, Sched. 7, s. 2 (20). Exception, prescribed activities (1.1) Subsection (1) does not apply to a person who is engaging in an activity at a site if the activity has been prescribed by the regulations for the purposes of subsection 20.21 (1), unless one of the following circumstances applies: 1. An environmental compliance approval in respect of the activity engaged in at the site has been issued before the day when a regulation prescribing the activity for the purposes of subsection 20.21 (1) comes into force, and the approval has not ceased to have effect as determined under section 20.17. 2. Subject to subsection (1.2), the Director has issued an order under section 20.18 in respe…

28 (1) If, except for the operation of Part VIII, a site would have been a waste disposal site under this Part or facilities would have been a waste management system under this Part, those sites and facilities are, on the day that Part VIII is repealed, continued as a waste disposal site or waste management system under this Part if a certificate of approval under section 77 or a permit under section 78 or both were issued and remain in force in respect of such works. 1997, c. 30, Sched. B, s. 21. Same (2) The certificate of approval or permit or both are continued in force as if they were a certificate of approval under section 39, with such changes as necessary. 1997, c. 30, Sched. B, s. 21. Continuation, orders (3) An order issued and continuing in force under section 79 in respect of a sewage system which except for the operation of Part VIII would have been a waste disposal site or…

29 (1) Where the Minister reports in writing to the clerk of a municipality that the Minister is of the opinion that it is necessary in the public interest that waste be collected or a waste management system or any part thereof be established, maintained, operated, improved, extended, enlarged, altered, repaired or replaced, it is not necessary to obtain the assent of the electors to any by-law for incurring a debt for any such purpose, and the municipality shall forthwith do every possible act and thing in its power to implement the report of the Minister within the time specified. R.S.O. 1990, c. E.19, s. 29. Reasons (2) A report mentioned in subsection (1) must include a statement of the reasons for the Minister’s opinion. 1992, c. 1, s. 27. What report may require (3) A report may require a municipality, (a) to collect or transport such waste as is specified in the report, including…

30.-32 Repealed: 2010, c. 16, Sched. 7, s. 2 (23). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. F, s. 12 (12) - 06/12/2000 2010, c. 16, Sched. 7, s. 2 (23) - 31/10/2011

33 (1) Upon receipt of a notice from the Director under section 36, the Tribunal shall hold a hearing with respect to the subject-matter of the notice. R.S.O. 1990, c. E.19, s. 33 (1); 2000, c. 26, Sched. F, s. 12 (12); 2010, c. 16, Sched. 7, s. 2 (24). Parties (2) The applicant, the Director and any other persons specified by the Tribunal shall be parties to the hearing. R.S.O. 1990, c. E.19, s. 33 (2); 2000, c. 26, Sched. F, s. 12 (12). (3) Repealed: 2000, c. 26, Sched. F, s. 12 (4). Decision (4) The Tribunal shall serve notice of its decision, together with reasons therefor, on the parties to the hearing, and the Director shall implement the decision. R.S.O. 1990, c. E.19, s. 33 (4); 2000, c. 26, Sched. F, s. 12 (12). (5)-(9) Repealed: 2021, c. 4, Sched. 6, s. 45 (3). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. F, s. 12 (4, 5, 12) - 06/12/2000 2010, c. 16, Sched.…

34 A party to a proceeding under this Part before the Tribunal may appeal from its decision on a question of law to the Divisional Court. 2009, c. 33, Sched. 2, s. 28 (1). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. F, s. 12 (6, 12) - 06/12/2000 2009, c. 33, Sched. 2, s. 28 (1) - 15/12/2009

34.1 Repealed: 2010, c. 16, Sched. 7, s. 2 (25). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 2, s. 28 (1) - 15/12/2009 2010, c. 16, Sched. 7, s. 2 (25) - 31/10/2011

35 Repealed: 2010, c. 16, Sched. 7, s. 2 (25). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 7, s. 2 (25) - 31/10/2011

36 (1) Where a by-law of a municipality affects the location or operation of a proposed waste disposal site, the Director, upon the application of the person applying for approval under Part II.1 for the waste disposal site, may, by a notice in writing, and on such terms and conditions as he or she may direct, require the Tribunal to hold a public hearing to consider whether or not the by-law should apply to the proposed waste disposal site. R.S.O. 1990, c. E.19, s. 36 (1); 2000, c. 26, Sched. F, s. 12 (12); 2010, c. 16, Sched. 7, s. 2 (26). When Tribunal to hold public hearing (2) Upon receipt of notice from the Director, the Tribunal shall hold a public hearing with respect to the subject-matter of the notice. R.S.O. 1990, c. E.19, s. 36 (2); 2000, c. 26, Sched. F, s. 12 (12). (3) Repealed: 2000, c. 26, Sched. F, s. 12 (7). Parties and procedure (4) Where the Director requires a public…

37., 38 Repealed: 2010, c. 16, Sched. 7, s. 2 (27). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 7, s. 2 (27) - 31/10/2011

39 Repealed: 2010, c. 16, Sched. 7, s. 2 (29). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 7, s. 2 (28) - 25/10/2010; 2010, c. 16, Sched. 7, s. 2 (29) - 31/10/2011

40 No person shall deposit, or cause, permit or arrange for the deposit of, waste upon, in, into or through any land or land covered by water or in any building that is not a waste disposal site for which an environmental compliance approval or renewable energy approval has been issued or a registration under Part II.2 is in effect and except in accordance with the terms and conditions of the approval or the regulations made for the purposes of Part II.2. 2010, c. 16, Sched. 7, s. 2 (30). Section Amendments with date in force (d/m/y) 1998, c. 35, s. 4 - 01/02/1999 2009, c. 12, Sched. G, s. 2 - 24/09/2009 2010, c. 16, Sched. 7, s. 2 (30) - 31/10/2011

41 No person shall use, or cause, permit or arrange for the use of, any facilities or equipment for the storage, handling, treatment, collection, transportation, processing or disposal of waste that is not part of a waste management system for which an environmental compliance approval or renewable energy approval has been issued or a registration under Part II.2 is in effect and except in accordance with the terms and conditions of the approval or the regulations made for the purposes of Part II.2. 2010, c. 16, Sched. 7, s. 2 (30). Section Amendments with date in force (d/m/y) 1998, c. 35, s. 5 - 01/02/1999 2009, c. 12, Sched. G, s. 2 - 24/09/2009 2010, c. 16, Sched. 7, s. 2 (30) - 31/10/2011

42 (1) The ownership of waste that is accepted at a waste disposal site by the operator of the site is transferred to the operator upon acceptance. R.S.O. 1990, c. E.19, s. 42 (1). Where waste not accepted (2) Where waste is deposited but not accepted at a waste disposal site, the ownership of the waste shall be deemed to be transferred to the operator of the site immediately before the waste is deposited. R.S.O. 1990, c. E.19, s. 42 (2). Approval (3) Subsections (1) and (2) apply only in respect of a waste disposal site for which an environmental compliance approval, renewable energy approval or registration under Part II.2 is in effect. 2010, c. 16, Sched. 7, s. 2 (31). Effect of contract (4) Subsection (1) applies only in the absence of a contract to the contrary. R.S.O. 1990, c. E.19, s. 42 (4). Liability (5) Subsections (1) to (4) do not relieve any person from liability except liab…

43 Where waste has been deposited upon, in, into or through any land or land covered by water or in any building that has not been approved as a waste disposal site or in respect of which no registration under Part II.2 is in effect, the Director may issue an order to remove the waste and to restore the site to a condition satisfactory to the Director to, (a) an owner or previous owner or a person who otherwise has or had charge and control of the land or building or waste; (b) an occupant or previous occupant of the land or building; or (c) a person that the Director reasonably believes engaged in an activity prohibited by section 40 or 41 that resulted in the deposit of the waste. 1998, c. 35, s. 6; 2010, c. 16, Sched. 7, s. 2 (33). Section Amendments with date in force (d/m/y) 1998, c. 35, s. 6 - 01/02/1999 2010, c. 16, Sched. 7, s. 2 (33) - 31/10/2011

44 Where a waste management system or a waste disposal site is not in conformity with this Part or the regulations, the Director may order an owner or previous owner to take such action as is required to bring the system or the site into conformity with this Part or the regulations within the time specified in the order. R.S.O. 1990, c. E.19, s. 44.

45 (1) Within thirty days after the receipt of notice that the Director has refused to renew or has suspended or revoked an environmental compliance approval, any owner who has suffered pecuniary loss as a result of such decision affecting the owner’s waste disposal site or waste management system may apply to the Director for compensation for such loss where such owner, (a) has received an environmental compliance approval for the waste disposal site or waste management system affected by the Director’s decision; and (b) since receiving the environmental compliance approval, has strictly complied with this Act and the regulations. R.S.O. 1990, c. E.19, s. 45 (1); 2010, c. 16, Sched. 7, s. 2 (34-36). Same (1.1) Within 30 days after the receipt of notice or an order that the Director has suspended a registration under Part II.2 or removed a registration under Part II.2 from the registry e…

46 No use shall be made of land or land covered by water which has been used for the disposal of waste within a period of twenty-five years from the year in which such land ceased to be so used unless the approval of the Minister for the proposed use has been given. R.S.O. 1990, c. E.19, s. 46.

47 (1) There shall be an account in the Consolidated Revenue Fund to be known in English as “The Waste Well Disposal Security Fund” and in French as “Caisse de garantie des propriétaires de puits d’élimination des déchets”, referred to in this section as the “Fund”, into which shall be paid the prescribed fees received under this Act. R.S.O. 1990, c. E.19, s. 47 (1). Interest (2) Interest shall be credited to the Fund out of the Consolidated Revenue Fund at a rate to be determined from time to time by the Lieutenant Governor in Council, and such interest shall be made up at the close of each fiscal year upon the balance in the Fund at the end of the previous calendar year. R.S.O. 1990, c. E.19, s. 47 (2). Owner of waste disposal well to pay fee (3) The owner of every well that is a waste disposal site shall pay a fee calculated upon the amount and type of waste disposed of in the well. R…

PART V.0.1 renewable energy

47.1 In this Part, “environment” has the same meaning as in the Environmental Assessment Act. 2009, c. 12, Sched. G, s. 4 (1). Section Amendments with date in force (d/m/y) 2009, c. 12, Sched. G, s. 4 (1) - 24/09/2009

47.2 (1) The purpose of this Part is to provide for the protection and conservation of the environment. 2009, c. 12, Sched. G, s. 4 (1). Application of s. 3 (1) (2) Subsection 3 (1) does not apply to this Part. 2009, c. 12, Sched. G, s. 4 (1). Section Amendments with date in force (d/m/y) 2009, c. 12, Sched. G, s. 4 (1) - 24/09/2009