Ontario Water Resources Act

0.1 The purpose of this Act is to provide for the conservation, protection and management of Ontario’s waters and for their efficient and sustainable use, in order to promote Ontario’s long-term environmental, social and economic well-being. 2007, c. 12, s. 1 (1). Section Amendments with date in force (d/m/y) 2007, c. 12, s. 1 (1) - 04/06/2007

1 (1) In this Act, Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 1 (1) of the Act is amended by adding the following definition: (See: 2019, c. 14, Sched. 8, s. 30 (1)) “administrative penalty” means a penalty imposed under section 106.1 or 106.3; (“pénalité administrative”) “Agency” means the Ontario Clean Water Agency; (“Agence”) “analyst” means an analyst appointed under the Environmental Protection Act; (“analyste”) “borrowings of the Commission” includes all loans raised by the Commission by the issue of debentures or otherwise and all advances from the Province to the Commission; (“emprunts de la Commission des ressources en eau”) “Commission” means the Ontario Water Resources Commission; (“Commission des ressources en eau”) “construction” includes reconstruction, improvement, extension, alteration, replacement and repairs, and “construct” has a …

2 This Act binds the Crown. R.S.O. 1990, c. O.40, s. 2. Section Amendments with date in force (d/m/y) 1992, c. 23, s. 39 (2) - See 1997, c. 24, s. 224 (19) - 17/06/1998

Administration

3 The Minister is responsible for the administration of this Act. 1993, c. 23, s. 73 (3). Section Amendments with date in force (d/m/y) 1993, c. 23, s. 73 (3) - 15/11/1993

4 Every power, right, privilege and discretion with respect to rates under agreements made under subsection 10 (2) and subsection 63 (3) may be exercised by the Agency. R.S.O. 1990, c. O.40, s. 4; 1993, c. 23, s. 73 (4). Section Amendments with date in force (d/m/y) 1993, c. 23, s. 73 (4) - 15/11/1993 Appointments

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. 2009, c. 33, Sched. 15, s. 8 (1). Limitations (2) The Minister, in an appointment under subsection (1), may limit the authority of a Director in such manner as the Minister considers necessary or advisable. R.S.O. 1990, c. O.40, s. 5 (2). Provincial officers and Agency inspectors (3) The Minister or the Agency may designate in writing one or more of the following persons as provincial…

6 Repealed: 1993, c. 23, s. 73 (6). Section Amendments with date in force (d/m/y) 1993, c. 23, s. 73 (6) - 15/11/1993

7 (1) Upon receipt of a notice from a Director under subsection 74 (4), the Tribunal shall hold a hearing with respect to the subject-matter of the notice, unless subsection 8 (2) applies. R.S.O. 1990, c. O.40, s. 7 (1); 2000, c. 26, Sched. F, s. 13 (13); 2010, c. 16, Sched. 7, s. 3 (3). 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. O.40, s. 7 (2); 2000, c. 26, Sched. F, s. 13 (13). (3) Repealed: 2000, c. 26, Sched. F, s. 13 (3). 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. O.40, s. 7 (4); 2000, c. 26, Sched. F, s. 13 (13). (5)-(9) Repealed: 2021, c. 4, Sched. 6, s. 77 (3). Transition (10) If, before the day subsection 3 (1) of Schedule 7 to the Open for Bus…

8 (1) Where the Tribunal has given notice of a hearing under this Act, any person objecting to the order referred to in subsection 74 (2) may serve notice of the objection, together with the reasons in support of it, on the Tribunal within fifteen days after the notice of hearing is given. R.S.O. 1990, c. O.40, s. 8 (1); 2000, c. 26, Sched. F, s. 13 (13); 2010, c. 16, Sched. 7, s. 3 (5). Hearing not required (2) If no objections are received within the fifteen days, or if the Tribunal is of the opinion that the objections are insufficient, the Tribunal is not required to hold a hearing. R.S.O. 1990, c. O.40, s. 8 (2); 2000, c. 26, Sched. F, s. 13 (13). Extension (3) Where the Tribunal considers it appropriate in the circumstances, it may extend the period provided under subsection (1) for serving an objection. R.S.O. 1990, c. O.40, s. 8 (3); 2000, c. 26, Sched. F, s. 13 (13). Section Ame…

9 A party to a proceeding under section 7 may appeal from the Tribunal’s decision on a question of law to the Divisional Court. 2009, c. 33, Sched. 2, s. 55 (1). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. F, s. 13 (5, 13) - 06/12/2000 2009, c. 33, Sched. 2, s. 55 (1) - 15/12/2009

9.1 Repealed: 2021, c. 4, Sched. 6, s. 77 (4). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 2, s. 55 (1) - 15/12/2009 2021, c. 4, Sched. 6, s. 77 (4) - 01/06/2021 Functions of Minister, Agency and Directors

10 (1) Despite any other Act, it is the function of the Minister and he or she has power, (a) Repealed: 1993, c. 23, s. 73 (7). (b) Repealed: 1993, c. 23, s. 73 (7). (c) to conduct research programs and to prepare statistics for his or her purpose; (d) to disseminate information and advice with respect to the collection, production, transmission, treatment, storage, supply and distribution of water or sewage; and (e) to perform such functions or discharge such duties as may be assigned from time to time by the Lieutenant Governor in Council. R.S.O. 1990, c. O.40, s. 10 (1); 1993, c. 23, s. 73 (7). Agency power to make agreements (2) Despite any other Act, the Agency may make agreements for the provision of water service or sewage service. 1993, c. 23, s. 73 (8). Power of Director (3) Despite any other Act, it is the function of a Director and he or she has power to control and regulate t…

11 Any municipality may enter into agreements with the Agency under subsection 10 (2), and subsections 63 (5) to (8), section 65 and subsection 67 (5) apply with necessary modifications to such agreements. R.S.O. 1990, c. O.40, s. 11; 1993, c. 23, s. 73 (9); 2001, c. 9, Sched. G, s. 6 (6). Section Amendments with date in force (d/m/y) 1993, c. 23, s. 73 (9) - 15/11/1993 2001, c. 9, Sched. G, s. 6 (6) - 29/06/2001

12 The Agency may for its purposes exercise any or all of the powers that are conferred by any general Act upon a municipality respecting the establishment, construction, maintenance or operation of water works or sewage works. R.S.O. 1990, c. O.40, s. 12; 1993, c. 23, s. 73 (10). Section Amendments with date in force (d/m/y) 1993, c. 23, s. 73 (10) - 15/11/1993 Action under Act, successors, etc., bound, records

13 (1) An approval, direction, notice, order, report or requirement of a court, the Minister, the Director, a provincial officer or the Agency under this Act is binding on the executor, administrator, administrator with the will annexed, guardian of property or attorney for property of the person to whom it was directed, and on any other successor or assignee of the person to whom it was directed. 2001, c. 17, s. 5 (3). Limitation (2) If, pursuant to subsection (1), a direction, notice or 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 direction, notice or 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. 5 (3). Receivers and trustees (3) An approval, di…

13.1 (1) The Ministry shall maintain an alphabetical index record of the names of all persons to whom instruments are directed under this Act. 2007, c. 12, s. 1 (5). Expiry, etc. (2) When an instrument has expired or is revoked or set aside, the Ministry shall note that fact in the index record. 2007, c. 12, s. 1 (5). Search of index record (3) The Ministry shall, on any person’s request, (a) make a search of the index record and inform the person making the request whether the name of a particular person appears in the index record; and (b) permit inspection of any instrument directed to that person. 2007, c. 12, s. 1 (5). Definition (4) In this section, “instrument” means an approval, permit, licence, direction, notice, order or report. 2007, c. 12, s. 1 (5). Section Amendments with date in force (d/m/y) 2007, c. 12, s. 1 (5) - 04/06/2007

14 (1) The Agency, its employees and agents may, for the Agency’s purposes, without consent and without compensation, lay, maintain, repair, alter or replace the pipes and appurtenances to them that the Agency considers necessary in, upon, through, over and under a highway or road under the jurisdiction and control of any public authority. Right to use unopened road allowances (2) The Agency, its employees and agents may use unopened road allowances to obtain access to water works and sewage works. Appurtenances above surface (3) The Agency, its employees and agents may, with the consent of the public authority having jurisdiction and control of the highway or road, including an unopened road allowance, leave appurtenances above the surface of the highway, road or unopened road allowance in locations agreed to by the authority. Land, etc., to be restored (4) Lands, buildings, highways or…

15 (1) For the administration of this Act or the regulations, a provincial officer may, without a warrant or court order, at any reasonable time and with any reasonable assistance, make inspections, including, (a) entering any part of the natural environment to ascertain the extent, if any, to which any material of any kind has impaired any waters, the causes of any impairment, and how any impairment may be prevented, eliminated or ameliorated and the waters and natural environment restored; (b) entering any part of the natural environment to ascertain the quality or quantity of any waters; (c) entering any place in or from which the provincial officer reasonably believes a material that may impair the quality of any waters is being, has been or may be discharged, (i) into or in any waters, (ii) onto any shore or bank of any waters, or (iii) into any part of the natural environment; (c.1…

15.0.1 (1) For the purposes of determining compliance of a person with this Act or the regulations, a provincial officer may, at any reasonable time and with any reasonable assistance, require the person, or any person employed by or providing services to the person, to respond to reasonable inquiries. 2010, c. 16, Sched. 7, s. 3 (6). Same (2) For the purposes of subsection (1), a provincial officer may make inquiries by telephone or by any other means of communication. 2010, c. 16, Sched. 7, s. 3 (6). Production of document (3) In requiring a person to respond to an inquiry under subsection (1), a provincial officer may require the production of any document or data, in any form, required to be kept under this Act and of any other document or data, in any form, related to the purpose of the inquiry. 2017, c. 2, Sched. 11, s. 4 (1). Records in electronic form (4) If a record is retained …

15.1 (1) In this section, “vehicle” includes a trailer or other equipment attached to the vehicle. 1998, c. 35, s. 47. Requirement to stop (2) For the administration of this Act or the regulations, a provincial officer may signal a vehicle or vessel to stop. 1998, c. 35, s. 47. Same (3) On the provincial officer’s signal to stop, the operator of the vehicle or vessel shall immediately come to a safe stop. 1998, c. 35, s. 47. Same (4) For the purposes of this section, a signal to stop includes, (a) intermittent flashes of red light, in the case of a vehicle; (b) intermittent flashes of blue light, in the case of a vessel; and (c) a hand signal to stop by a provincial officer who is readily identifiable as a provincial officer. 1998, c. 35, s. 47. Sign to report (5) Where a clearly marked sign is posted indicating that a class of vehicles or vessels should report to a certain place in the …

15.2 A provincial officer who exercises any power set out in section 15, 15.1, 19, 20 or 20.1 may, if the provincial officer is designated as such under the Environmental Protection Act, the Nutrient Management Act, 2002, the Pesticides Act, the Safe Drinking Water Act, 2002 or the Toxics Reduction Act, 2009, as the case may be, do anything authorized by, (a) section 156, 156.1, 160, 161 or 161.1 of the Environmental Protection Act; (b) section 13, 14 or 23 of the Nutrient Management Act, 2002; (c) section 19, 19.1, 22, 23 or 23.1 of the Pesticides Act; (d) section 81, 82, 91, 92 or 93 of the Safe Drinking Water Act, 2002; or (e) section 15, 20 or 21 of the Toxics Reduction Act, 2009. 2009, c. 19, s. 70 (4). Section Amendments with date in force (d/m/y) 1998, c. 35, s. 47 - 01/02/1999 2002, c. 4, s. 65 (1) - 01/07/2003 2007, c. 10, Sched. D, s. 2 (1) - 04/06/2007 2009, c. 19, s. 70 (4) -…

15.3 A person shall not exercise a power conferred by this Act to enter a room actually used as a dwelling without the consent of the occupier except under the authority of an order under section 17. 1998, c. 35, s. 47. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 47 - 01/02/1999

15.4 On request, a provincial officer who exercises a power under this Act shall identify himself or herself as a provincial officer either by the production of a copy of his or her designation or in some other manner and shall explain the purpose of the exercise of the power. 1998, c. 35, s. 48. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 48 - 01/02/1999

15.5 (1) A provincial officer may by order prohibit entry into all or part of any land or place or prohibit the use of, interference with, disruption of, or destruction of any thing in any of the following circumstances: 1. During an inspection under section 15, 15.1 or 17. 2. During a search under section 20. 3. During the time required for the provincial officer to obtain an order under section 17 of this Act or a warrant under section 158 of the Provincial Offences Act. 4. During a search carried out under a warrant issued under section 158 of the Provincial Offences Act. Requirements for order (2) An order under subsection (1) shall not be issued unless the provincial officer reasonably believes that, (a) in the case of an order prohibiting entry, there is on the land or in the place a thing that will afford evidence of an offence under this Act; (b) in the case of an order prohibiti…

15.6 (1) Where a justice is satisfied, on evidence under oath by a provincial officer, that there is reasonable ground for believing that it is appropriate for the administration of this Act or the regulations or necessary to protect human health or safety or to protect property, the justice may issue an order prohibiting entry into all or part of any land or place or prohibiting the use of, interference with, disruption of, or destruction of any thing. 1998, c. 35, s. 48. Same (2) The prohibition under the justice’s order shall, subject to subsection (3), be for such period of time as is set out in the order. 1998, c. 35, s. 48. Expiry (3) Unless renewed, an order under this section expires on the earlier of the day specified for the purpose in the order or the day that is 30 days after the date on which the order is made. 1998, c. 35, s. 48; 2009, c. 33, Sched. 15, s. 8 (3). Renewal (4…

15.7 Where an order under section 15.5 or 15.6 is in effect, a provincial officer may take measures to secure the land, place or thing to which the order relates by means of locks, gates, fences, security guards or such other means as the provincial officer deems necessary to prevent entry into the land or place or to prevent the use of, interference with, disruption of, or destruction of the thing. 1998, c. 35, s. 48. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 48 - 01/02/1999

16 (1) A provincial officer may issue an order to any person that the provincial officer reasonably believes is contravening or has contravened, (a) a provision of this Act or the regulations; (b) a provision of an order, notice, direction, requirement or report made under this Act, other than an order under section 84 or 106.1 or an order of a court; or (c) a term or condition of a licence, permit or approval made under this Act. 1998, c. 35, s. 49; 2005, c. 12, s. 2 (5); 2009, c. 33, Sched. 15, s. 8 (4). Information to be included in order (2) The order shall, (a) specify the provision, term or condition that the provincial officer believes is being or has been contravened; (b) briefly describe the nature and, where applicable, the location of the contravention; (b.1) in the case of a contravention of subsection 30 (1) for which an order to pay an environmental penalty could be issued,…

16.1 (1) A provincial officer who reasonably believes that it is in the public interest to do so may issue an order to any person who owns, manages or has control of a facility, including a sewage works or water works, that may discharge material into any water or watercourse that may impair the quality of water. 1998, c. 35, s. 49; 2009, c. 33, Sched. 15, s. 8 (5). Information to be included in order (2) The order shall, (a) briefly describe the reasons for the order and the circumstances on which the reasons are based; and (b) state that a review of the order may be requested in accordance with section 16.4. 1998, c. 35, s. 49. What the order may require (3) The order may require the person to whom it is directed to comply with any directions specified under subsection (4), within the time specified in the order. 1998, c. 35, s. 49. Same (4) The following directions may be specified in…

16.2 (1) A provincial officer who reasonably believes that it is in the public interest to do so may issue an order to any person who owns, manages or has control of a sewage works. 1998, c. 35, s. 49; 2007, c. 10, Sched. D, s. 2 (3). Information to be included in order (2) The order shall, (a) briefly describe the reasons for the order and the circumstances on which the reasons are based; and (b) state that a review of the order may be requested in accordance with section 16.4. 1998, c. 35, s. 49. What the order may require (3) The order may require the person to whom it is directed to comply with any directions under subsection (4), within the time specified. 1998, c. 35, s. 49. Same (4) The following directions may be specified in the order: 1. A direction to secure, whether through locks, gates, fences, security guards or other means, any land, place or thing. 2. A direction to repai…

16.3 (1) An order issued under section 16, 16.1 or 16.2 may, by order, be amended or revoked by the provincial officer who issued it or by the Director. Same (2) A provincial officer or Director who amends or revokes an order shall give written notice of the amendment or revocation to the person to whom the order is directed. 1998, c. 35, s. 49. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 49 - 01/02/1999

16.4 (1) A person to whom an order under section 16, 16.1, 16.2 or 16.3 is directed may, within seven days after being served with a copy of the order, request that the Director review the order. 1998, c. 35, s. 49. Manner of making request (2) The request may be made orally, with written confirmation served on the Director within the time specified in subsection (1), or in writing. 1998, c. 35, s. 49. Contents of request for review (3) A written request for review under subsection (1) or a written confirmation of an oral request under subsection (2) shall include, (a) the portions of the order in respect of which the review is requested; (b) any submissions that the applicant for the review wishes the Director to consider; and (c) for the purpose of subsection (7), an address for service by mail or by electronic facsimile transmission or by such other means of service as the regulations…

17 (1) A justice may issue an order authorizing a provincial officer to do anything set out in subsection 15 (1) or (2) or section 15.1 if the justice is satisfied, on evidence under oath by a provincial officer, that there is reasonable ground to believe that it is appropriate for the administration of this Act or the regulations for the provincial officer to do anything set out in subsection 15 (1) or (2) or section 15.1 and that the provincial officer may not be able to effectively carry out his or her duties without an order under this section because, (a) no occupier is present to grant access to a place that is locked or otherwise inaccessible; (b) a person has prevented the provincial officer from doing anything set out in subsection 15 (1) or (2) or section 15.1; (c) there is reasonable ground to believe that a person may prevent a provincial officer from doing anything set out i…

18 A provincial officer may detain samples and copies obtained under section 15, 15.1 or 17 for any period and for any of the purposes of this Act and the regulations. R.S.O. 1990, c. O.40, s. 18; 1998, c. 35, s. 51. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 51 - 01/02/1999

19 During an inspection under section 15, 15.1 or 17, a provincial officer may, without a warrant or court order, seize any thing that is produced to the provincial officer or that is in plain view, if, (a) the provincial officer reasonably believes that the thing will afford evidence of an offence under this Act; (b) the provincial officer reasonably believes that the thing was used or is being used in connection with the commission of an offence under this Act and that the seizure is necessary to prevent the continuation or repetition of the offence; or (c) the thing is discharging or may discharge any material into the natural environment and an impairment of waters has resulted or may result from the discharge. 1998, c. 35, s. 52. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 52 - 01/02/1999

20 (1) In this section, “offence” means an offence under this Act related to the discharge of any material that may impair the quality of the water of any water or watercourse. Search by provincial officer re actual pollution (2) A provincial officer may, without a search warrant, search any place other than a room actually used as a dwelling if the provincial officer has reasonable ground to believe, (a) that an offence has been committed; (b) that there is in such place any thing that will afford evidence as to the commission of the offence; and (c) that there are exigent circumstances that make it impractical to obtain a search warrant. R.S.O. 1990, c. O.40, s. 20 (1, 2). Seizure during search (3) During a search under subsection (2), a provincial officer may, without warrant or court order, seize any thing if, (a) the provincial officer reasonably believes that the thing will afford …

20.1 (1) A provincial officer who seizes any thing under section 19 or 20 may remove the thing or detain it in the place where it is seized. Receipt (2) Where possible, a provincial officer shall inform the person from whom a thing is seized under section 19 or 20 as to the reason for the seizure and shall give the person a receipt for the thing seized. 1998, c. 35, s. 54. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 54 - 01/02/1999

21 (1) A provincial officer who seizes any thing during an inspection or search under section 19 or 20 shall bring the thing seized before a justice or, if that is not reasonably possible, shall report the seizure to a justice. 1998, c. 35, s. 55. Procedure (2) Sections 159 and 160 of the Provincial Offences Act apply with necessary modifications in respect of a thing seized by a provincial officer during an inspection or search under section 19 or 20. R.S.O. 1990, c. O.40, s. 21 (2). Section Amendments with date in force (d/m/y) 1998, c. 35, s. 55 - 01/02/1999

21.1 (1) Where the Director believes that, given the nature of a thing seized under section 19 or 20, the thing may pose a risk to human health or safety or to property, the Director may direct the person having custody of the thing, to dispose of the thing in a manner satisfactory to the Director. Disposition of seized perishables (2) Where the person having custody of any thing seized under section 19 or 20 believes that the thing will rot, spoil or otherwise perish, the person may dispose of the thing. Non-application of provision (3) Section 21 does not apply to a thing disposed of in accordance with this section. Forfeiture (4) A thing disposed of in accordance with this section is forfeited to the Crown. 1998, c. 35, s. 56. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 56 - 01/02/1999

21.2 (1) Where a thing has been disposed of in accordance with section 21.1, the Director shall ensure that a provincial officer gives written notice of the seizure and disposal within 15 days of the disposal, (a) to every person whom the provincial officer knows or has reason to believe is an owner of the thing seized; and (b) to every person who has a security interest in the thing that is perfected by registration under the Personal Property Security Act against the name of any person whom the provincial officer knows or has reason to believe is the owner. 1998, c. 35, s. 56. Contents of notice (2) Notice under subsection (1) shall include, (a) a description of the thing seized sufficient to enable it to be identified; (b) the location at which the thing was seized; (c) the date of the seizure and disposal; (d) the name and telephone number of the provincial officer who seized the thi…

21.3 (1) On the application of the Director, the Superior Court of Justice may order that a thing seized under section 19 or 20 or under a warrant issued under the Provincial Offences Act in connection with the commission or suspected commission of an offence under this Act be forfeited to the Crown. 1998, c. 35, s. 56; 2001, c. 9, Sched. G, s. 6 (50). Where no order to be made (2) No order shall be made under subsection (1) unless the court is satisfied that, (a) the seizure was lawful; and (b) no later than seven days before the hearing of the application, written notice was provided by a provincial officer, (i) to every person whom the provincial officer knows or has reason to believe is an owner of the thing seized, (ii) to every person who has a security interest in the thing that is perfected by registration under the Personal Property Security Act against the name of any person wh…

22 (1) A provincial officer may use such force as is reasonably necessary, (a) to carry out an order issued under this Act, other than an order issued by a provincial officer; (b) to execute a warrant issued under the Provincial Offences Act; or (c) to prevent the destruction of any thing that the provincial officer reasonably believes may afford evidence of an offence under this Act. R.S.O. 1990, c. O.40, s. 22; 1998, c. 35, s. 57 (1, 2). Same (2) For the purposes of clause (1) (a), an order issued by the Director that confirms or amends an order issued by a provincial officer is not an order issued by a provincial officer. 1998, c. 35, s. 57 (3). Section Amendments with date in force (d/m/y) 1998, c. 35, s. 57 (1-3) - 01/02/1999

22.1 (1) In this section, “device” means a substance or tracking device that, when placed or installed in or on any place, land or thing, may be used to help ascertain, by electronic or other means, the origin, identity or location of anything. Order may be issued (2) On application without notice, a justice may issue an order in writing authorizing a provincial officer, subject to this section, to use any device, investigative technique or procedure or to do any thing described in the order if the justice is satisfied by evidence under oath that there are reasonable grounds to believe that an offence against this Act has been or will be committed and that information concerning the offence will be obtained through the use of the device, technique or procedure or the doing of the thing. Limitation (3) An order under this section shall not authorize the interception of any private communi…

23 A provincial officer who makes or causes the making of an excavation in the course of his or her duties under this Act shall restore the property, so far as is reasonably possible, to the condition it was in before the excavation was made. R.S.O. 1990, c. O.40, s. 23; 2005, c. 12, s. 2 (11). Section Amendments with date in force (d/m/y) 2005, c. 12, s. 2 (11) - 13/06/2005

24 It is a condition of every licence, permit or approval under this Act that the holder must forthwith on request permit provincial officers to carry out inspections of any place to which the licence, permit or approval relates, other than a room actually used as a dwelling, if the inspection is authorized by, (a) section 15, 15.1 or 17 of this Act; (b) section 156, 156.1 or 158 of the Environmental Protection Act; (c) section 13, 14 or 16 of the Nutrient Management Act, 2002; (d) section 19, 19.1 or 20 of the Pesticides Act; (e) section 81, 82 or 89 of the Safe Drinking Water Act, 2002; or (f) section 15 or 18 of the Toxics Reduction Act, 2009. 2007, c. 10, Sched. D, s. 2 (5); 2009, c. 19, s. 70 (6). Section Amendments with date in force (d/m/y) 1998, c. 35, s. 59 - 01/02/1999 2002, c. 4, s. 65 (2) - 01/07/2003 2007, c. 10, Sched. D, s. 2 (5) - 04/06/2007 2009, c. 19, s. 70 (6) - 01/01…

25 Whenever a provincial officer is required or empowered by this Act or the regulations to do or direct the doing of anything, the provincial officer may take such steps and employ such assistance as is necessary to accomplish what is required, and may, when obstructed in so doing, call for the assistance of any member of the police service in the area where the assistance is required, and it is the duty of every member of a police service to render such assistance. 2019, c. 1, Sched. 4, s. 42. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 60 - 01/02/1999 2018, c. 3, Sched. 5, s. 44 - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 42 - 01/04/2024

26 (1) The Ministry of Government Services Act and the Ministry of Infrastructure Act, 2011 do not apply to personal or real property of the Agency acquired for the purpose of a project or for the provision of water or sewage service by the Agency as defined in section 74. 2011, c. 9, Sched. 27, s. 36. Disposition of surplus property (2) Subject to the approval of the Minister and the Minister of Infrastructure, the Ontario Infrastructure and Lands Corporation may dispose of real property referred to in subsection (1) that is surplus to the needs of the Province. 2011, c. 9, Sched. 27, s. 36. Section Amendments with date in force (d/m/y) 1993, c. 23, s. 73 (15) - 15/11/1993 2011, c. 9, Sched. 27, s. 36 - 06/06/2011

27 (1) A right or interest in, over, above, upon, across, along, through, under or affecting any land or any covenant or condition relating thereto, in respect of water or sewage works, in favour of the Crown, the Agency or any municipality having a contract with the Crown or the Agency in respect of water or sewage works is valid and enforceable in accordance with the terms of the instrument granting, creating or containing them, although the right or interest or the benefit of the covenant or condition is not appurtenant or annexed to or for the benefit of any land of the Crown, the Agency or the municipality. R.S.O. 1990, c. O.40, s. 27 (1); 1993, c. 23, s. 73 (16). Terms of instrument binding on successors (2) On and after the registration of an instrument to which subsection (1) applies in the proper land registry office, all the rights, interests, covenants and conditions granted o…

Water

28 Repealed: 2005, c. 12, s. 2 (12). Section Amendments with date in force (d/m/y) 1998, c. 35, s. 61 - 01/02/1999 2000, c. 22, s. 2 (2) - 21/11/2000 2005, c. 12, s. 2 (12) - 13/06/2005

29 (1) For the purposes of this Act, the Minister has the supervision of all surface waters and ground waters in Ontario. R.S.O. 1990, c. O.40, s. 29 (1). Examination for pollution (2) The Minister may examine any surface waters or ground waters in Ontario from time to time to determine what, if any, pollution exists and the causes thereof. R.S.O. 1990, c. O.40, s. 29 (2). Injunction to prevent pollution of water (3) Where any person is discharging or causing or permitting the discharge of any material of any kind into or in or near any waters that, in the opinion of the Minister, may impair the quality of the water in such waters, the Minister may apply without notice to the Superior Court of Justice for an order prohibiting such discharge for such period not exceeding twenty-one days and on such terms and conditions as a judge considers proper, and such order may, on application to the…

30 (1) Every person that discharges or causes or permits the discharge of any material of any kind into or in any waters or on any shore or bank thereof or into or in any place that may impair the quality of the water of any waters is guilty of an offence. R.S.O. 1990, c. O.40, s. 30 (1). Ministry to be notified when polluting material is discharged or escapes (2) Every person that discharges or causes or permits the discharge of any material of any kind, and such discharge is not in the normal course of events, or from whose control material of any kind escapes into or in any waters or on any shore or bank thereof or into or in any place that may impair the quality of the water of any waters, shall forthwith notify the Ministry of the discharge or escape, as the case may be. R.S.O. 1990, c. O.40, s. 30 (2); 2006, c. 19, Sched. K, s. 3 (2). Section Amendments with date in force (d/m/y) 2…

31 A Director may by order prohibit or regulate the discharge by any person of sewage into or in any waters, and such order may be amended, varied or revoked by the Director as the Director considers desirable. R.S.O. 1990, c. O.40, s. 31.

32 Where, in the opinion of a Director, it is in the public interest to do so, the Director, by order, may require a person who owns, manages or has control of a sewage works, water works or other facility which may discharge material into a water or watercourse that may impair the quality of the water, to do any one or more of the following: 1. To have available at all times, or during the periods specified in the order, the equipment, material and personnel specified in the order at the locations specified in the order to prevent, reduce or alleviate any impairment of the quality of the water or the effects of any impairment of the quality of the water. 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 the procedures specified in the order. 4. To take all …

33 (1) An area may be defined by a Director that includes a source of public water supply, (a) wherein no person shall swim or bathe; (b) wherein no material of any kind that may impair the quality of water therein shall be placed, discharged or allowed to remain; or (c) wherein no act shall be done and no water shall be taken that may unduly diminish the amount of water available in such area as a public water supply, and thereupon the person who has a right to use the water from such source for the purpose of a public water supply shall give notice of the area so defined by publication, posting or otherwise as the Director considers necessary for the protection of the source of public water supply. Offences (2) Every person, (a) who swims or bathes within an area defined under clause (1) (a); (b) who places, discharges or allows to remain within an area defined under clause (1) (b) any…

33.1 (1) The Director may issue an order described in subsection (2) to a person described in subsection (3) if the order is necessary, in the opinion of the Director, for the purposes of this Act, and, (a) water is flowing, leaking or being released from, or is likely to flow, leak or be released from, any well or other hole or excavation in the ground; or (b) water is being diverted by, or is likely to be diverted by, any well or any other hole or excavation in the ground. 2007, c. 12, s. 1 (6). Types of orders (2) The order may require the person to whom it is issued, in such manner and within such time as may be set out in the order, (a) to stop, prevent, regulate or control the flowing, leaking, release or diversion of water; or (b) to study or monitor the flowing, leaking, release or diversion of water, to make records of the results of the study or of the monitoring, and to report…

34 (1) Despite any other Act but subject to section 47.3 of the Environmental Protection Act, a person shall not take more than 50,000 litres of water on any day by any means except in accordance with a permit issued under section 34.1. 2007, c. 12, s. 1 (8); 2009, c. 12, Sched. H, s. 1 (2). Exceptions (2) Subsection (1) does not apply to the following takings of water: 1. The taking of water for domestic purposes, other than by a municipal drinking water system within the meaning of the Safe Drinking Water Act, 2002 or by a company public utility, as long as the amount of water taken, i. is always less than 379,000 litres, or the lower amount that is prescribed by the regulations, per day, or ii. if a regulation is made prescribing the manner of calculating average amounts of water, is less than an average of 379,000 litres, or the lower amount that is prescribed by the regulations, per…

34.0.1 (1) A person to whom this section applies shall not make an application under section 34.1 for a permit to take ground water for the purpose of producing bottled water, or to increase the amount of ground water the person is permitted to take for the purpose of producing bottled water, unless the person, (a) has requested the council of the local host municipality to pass a municipal council resolution supporting the proposed ground water taking; and (b) having made the request, is permitted to proceed with the application under this section. 2020, c. 34, Sched. 17, s. 1. Application of section (2) This section applies to a person who intends to take a total of 379,000 litres or more of ground water per day from one or more locations in the local host municipality for the purpose of producing bottled water, whether under a new permit or by increasing the amount the person is entit…

34.1 (1) The Director may, on application, issue or renew a permit for the purpose of section 34. 2007, c. 12, s. 1 (8). Amendment or revocation (2) The Director may, on application or on his or her own initiative, amend or revoke a permit. 2007, c. 12, s. 1 (8). Expiry (3) A permit expires on the date set out in the permit. 2007, c. 12, s. 1 (8). Application (4) An application to the Director for the issuance, renewal, amendment or revocation of a permit shall be made in a form and in a manner approved by the Director, shall contain any information that is required by the Director, and shall be accompanied by any fee established in respect of the application under section 96. 2007, c. 12, s. 1 (8). Same (5) Without limiting the generality of subsection (4), the Director may require the applicant to, (a) undertake tests or studies specified by the Director relating to, (i) the water taki…

34.2 (1) A provincial officer may issue an order under this section to any person if the provincial officer reasonably believes that, (a) the person is taking water; and (b) the means used to take the water has the capacity to take water in an amount exceeding 50,000 litres per day. 2007, c. 12, s. 1 (10). Information to be included in order (2) The order shall, (a) briefly describe the reasons for the order and the circumstances on which the reasons are based; and (b) state that a review of the order may be requested in accordance with subsection (4). 2007, c. 12, s. 1 (10). What the order may require (3) The order may require the person to whom it is directed, (a) to monitor and record the amount of water taken each day, for a period specified in the order; and (b) to submit to a provincial officer, within the time specified in the order, a report setting out the amounts recorded. 2007…

34.3 (1) For the purposes of this Act, Ontario is divided into the following three water basins: 1. The Great Lakes-St. Lawrence River Basin, which consists of, i. the part of Ontario the water of which drains into the Great Lakes or the St. Lawrence River, including the parts of the Great Lakes and of the St. Lawrence River that are within Ontario, or ii. if the boundaries of the area described by subparagraph i are described more specifically by the regulations, the area within those boundaries. 2. The Nelson Basin, which consists of, i. the part of Ontario the water of which drains into the Nelson River, or ii. if the boundaries of the area described by subparagraph i are described more specifically by the regulations, the area within those boundaries. 3. The Hudson Bay Basin, which consists of, i. the part of Ontario, not included in the Nelson Basin, the water of which drains into H…

34.4 (1) The Great Lakes-St. Lawrence River Basin Sustainable Water Resources Agreement of 2005 is recognized as one of the means by which the waters of the Great Lakes-St. Lawrence River Basin are conserved, protected and managed. 2007, c. 12, s. 1 (10). Agreement’s recognition of precautionary principle (2) The agreement referred to in subsection (1) recognizes that, where there are threats of serious or irreversible damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation. 2007, c. 12, s. 1 (10). Section Amendments with date in force (d/m/y) 2007, c. 12, s. 1 (10) - 04/06/2007

34.5 (1) In this section and in sections 34.6 to 34.8, “effective date” means the day subsection 1 (12) of the Safeguarding and Sustaining Ontario’s Water Act, 2007 comes into force; (“date d’entrée en vigueur”) “Great Lakes watershed” means a watershed listed in subsection (2); (“bassin hydrographique des Grands Lacs”) “increased transfer” means a transfer that would arise from an existing water taking where water is currently being transferred and an additional amount of water would be transferred; (“transfert augmenté”) “new or increased transfer amount” means, (a) in the case of a new transfer, the amount of water that would be transferred, and (b) in the case of an increased transfer, the additional amount of water that would be transferred; (“quantité d’eau du nouveau transfert ou du transfert augmenté”) “new transfer” means a transfer that would arise from, (a) a new water taking,…

34.6 (1) A permit shall not be issued or amended under section 34.1 so as to authorize the taking of water from a Great Lakes watershed if, (a) any of the water would be transferred; and (b) the new or increased transfer amount would be the threshold amount. 2007, c. 12, s. 1 (12). Exceptions (2) Subsection (1) does not apply to the following transfers: 1. A transfer that satisfies the following criteria: i. The portion of the new or increased transfer amount that is lost through consumptive use, A. is always less than 19 million litres, or the lower amount prescribed by the regulations, per day, or B. if a regulation is made prescribing the manner of calculating average amounts of water, is less than an average of 19 million litres, or the lower amount prescribed by the regulations, per day. ii. The water is taken by the operating authority of a municipal drinking water system within th…

34.7 (1) If a permit issued under section 34.1 authorizes the taking of water from a Great Lakes watershed and any of the water taken is transferred or is to be transferred, the permit is subject to the following terms and conditions, whether they are specified in the permit or not: 1. The person who takes water and any related transferor shall not cause or permit a new transfer or increased transfer where the new or increased transfer amount is the threshold amount, unless a holder first obtains an amendment to the permit or a new permit under section 34.1 to authorize the new transfer or increased transfer. 2. Each holder shall comply with any other terms and conditions that are, i. prescribed by the regulations, and ii. directed to the holder. 2007, c. 12, s. 1 (12). Terms and conditions in permit (2) If a permit issued under section 34.1 authorizes the taking of water from a Great La…

34.8 (1) The Director may, on the request of a holder and in accordance with the regulations, deem the holder to currently be transferring an amount of water specified by the Director for the purposes of sections 34.5 to 34.7. 2007, c. 12, s. 1 (12). Deadline for request (2) Subsection (1) applies only if the request is made before the second anniversary of the day subsection 1 (12) of the Safeguarding and Sustaining Ontario’s Water Act, 2007 comes into force. 2007, c. 12, s. 1 (12). Information (3) If a request is made under subsection (1), the holder shall submit with the request any information prescribed by the regulations and any additional information specified by the Director. 2007, c. 12, s. 1 (12). Section Amendments with date in force (d/m/y) 2007, c. 12, s. 1 (12) - 01/01/2015

34.9 In sections 34.10 and 34.11, “reciprocating jurisdiction” means any of the following that has been prescribed as a reciprocating jurisdiction by the regulations: 1. The Province of Quebec. 2. The states of Illinois, Indiana, Michigan, Minnesota, New York, Ohio and Wisconsin. 3. The Commonwealth of Pennsylvania. 2007, c. 12, s. 1 (12). Section Amendments with date in force (d/m/y) 2007, c. 12, s. 1 (12) - 01/01/2015 Proceedings before the Tribunal

34.10 (1) The Director shall give written notice of a decision described in subsection (2) to each reciprocating jurisdiction. 2007, c. 12, s. 1 (12). Application of subs. (1) (2) Subsection (1) applies to a decision of the Director under section 34.1 that relates to a taking of water from the Great Lakes-St. Lawrence River Basin if, (a) one or more criteria described in subsection 34.6 (3) apply to the decision; or (b) the decision is one that is specified in the regulations made under clause 75 (1.2) (b). 2007, c. 12, s. 1 (12). Entitlement to require hearing (3) Each reciprocating jurisdiction may, by written notice served on the Director and the Tribunal within 15 days after notice is given under subsection (1), require a hearing by the Tribunal. 2007, c. 12, s. 1 (12). Extension of time (4) The Tribunal shall extend the time in which notice may be given under subsection (3) if, in t…

34.11 When a decision relating to taking water from the Great Lakes-St. Lawrence River Basin is made under section 34.1, each reciprocating jurisdiction has the same standing as the person most directly affected by the decision to bring an application for judicial review under the Judicial Review Procedure Act, but only if one of the following conditions is satisfied: 1. The decision is alleged to have contravened subsection 34.3 (4). 2. In the case of a decision made by the Director, i. one or more of the criteria set out in subsection 34.6 (3) apply, or ii. the decision is one that is specified in the regulations made under clause 75 (1.2) (b). 3. The decision is made by the Minister. 2007, c. 12, s. 1 (12). Section Amendments with date in force (d/m/y) 2007, c. 12, s. 1 (12) - 01/01/2015

Efficient Use of Water

34.12 (1) This section applies to appliances and products prescribed by the regulations. 2010, c. 19, Sched. 5, s. 1. Appliances and products, efficiency standards (2) No person shall offer for sale, sell or lease an appliance or product to which this section applies unless, (a) the appliance or product meets the efficiency standard or requirement prescribed by the regulations with respect to the appliance or product; and (b) a label or other marking prescribed by the regulations that confirms compliance with the efficiency standards or requirements prescribed by the regulations in respect of the appliance or product is affixed to the appliance or product or provided with the appliance or product in the manner and under the circumstances prescribed by the regulations. 2010, c. 19, Sched. 5, s. 1. Labels (3) No person shall affix to or provide with an appliance or product to which this se…

Wells

35 (1) In this section and in sections 36 to 50 and subsection 75 (2), “construct”, when used with respect to a well, means bore, dig, drill or otherwise make, extend or alter; (“construire”) “licensee” means the holder of a well contractor licence or a well technician licence, as the case requires; (“titulaire d’une licence”) “well construction permit” means a permit referred to in section 36; (“permis de construction de puits”) “well contractor licence” means a licence referred to in section 39; (“licence d’entrepreneur en construction de puits”) “well technician licence” means a licence referred to in section 43. (“licence de technicien en construction de puits”) R.S.O. 1990, c. O.40, s. 35 (1); 2000, c. 26, Sched. F, s. 13 (7); 2001, c. 9, Sched. G, s. 6 (7, 8); 2007, c. 12, s. 1 (13). Interpretation: works or equipment (2) For the purposes of this section, sections 36 to 50 and subs…

36 Subject to section 47.3 of the Environmental Protection Act, no person shall construct a well in an area designated by the regulations except under and in accordance with a well construction permit issued by a Director. R.S.O. 1990, c. O.40, s. 36; 2009, c. 12, Sched. H, s. 2. Section Amendments with date in force (d/m/y) 2009, c. 12, Sched. H, s. 2 - 24/09/2009

37 Subject to section 38, any person who applies in accordance with this Act and the regulations for a well construction permit and who pays the prescribed fee is entitled to be issued the permit. R.S.O. 1990, c. O.40, s. 37. Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. G, s. 6 (10) - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2011

38 A Director may refuse to issue or to renew or may revoke a well construction permit, may impose terms and conditions in issuing or renewing or after issuing or renewing a well construction permit and may alter the terms and conditions of a well construction permit that has been issued or renewed where the Director is of the opinion, upon reasonable and probable grounds, that, (a) the proposed well or its operation would contravene this Act or the regulations or any other Act or a regulation under any other Act; (b) there is or is likely to be danger to the health or safety of any person; (c) there is or is likely to be harm or material discomfort to any person; (d) there is or is likely to be impairment of the quality of any air, land or water for any use that is being or is likely to be made of it; (e) there is or is likely to be reduction of the quantity of water available for any u…

39 No person shall engage in the business of constructing wells except under and in accordance with a well contractor licence issued by a Director or unless exempt under the regulations. R.S.O. 1990, c. O.40, s. 39.

40 Subject to sections 41 and 42, a Director shall issue a well contractor licence to any applicant therefor who is qualified for the licence under sections 35 to 50 and the regulations and has paid the prescribed fee. R.S.O. 1990, c. O.40, s. 40; 2001, c. 9, Sched. G, s. 6 (11). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. G, s. 6 (11) - 29/06/2001; 2001, c. 9, Sched. G, s. 6 (12) - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2011

41 A Director may refuse to issue a well contractor licence where the Director is of the opinion, upon reasonable and probable grounds, that, (a) the past conduct of the applicant or, where the applicant is a corporation, of its officers or directors affords grounds for belief that the business of constructing wells will not be operated in accordance with the law and with honesty and integrity; (b) the applicant or, where the applicant is a corporation, its officers or directors are not competent to engage in the business of constructing wells; (c) the applicant is not in a position to observe or carry out the provisions of sections 35 to 50, the regulations and the licence; or (d) the applicant or, where the applicant is a corporation, its officers or directors have been grossly negligent in carrying on the business of constructing wells under the authority of a licence issued under sec…

42 A Director may revoke or suspend or may refuse to renew a well contractor licence where the Director is of the opinion, upon reasonable and probable grounds, that, (a) any person has made a false statement in any material part of the application for the licence or a renewal thereof or of any report, document or other information required to be furnished by this Act or the regulations or any other Act or a regulation under any other Act that relates to wells; (b) the past conduct of the licensee or, where the licensee is a corporation, of its officers or directors affords grounds for belief that the business of constructing wells has not been operated or will not be operated in accordance with the law and with honesty and integrity; (c) the licensee is in contravention of sections 35 to 50 or the regulations; (d) a change in the officers or directors of a corporation that is a licensee…

43 (1) No person shall work at the construction of wells except under and in accordance with a well technician licence of a class prescribed by the regulations or unless exempt under the regulations. R.S.O. 1990, c. O.40, s. 43 (1); 2001, c. 9, Sched. G, s. 6 (16). Proof of employment (2) For the purposes of this section, proof of work on one occasion at the construction of a well is sufficient to establish work at the construction of wells. R.S.O. 1990, c. O.40, s. 43 (2). Exception (3) Subsection (1) does not apply, (a) to a person who works at the construction of a well on land owned by the person or by a member of the person’s household; or (b) to a person who works without remuneration for another person at the construction of a well on land owned by the other person or by a member of the other person’s household. R.S.O. 1990, c. O.40, s. 43 (3). Section Amendments with date in forc…

44 Subject to sections 45 and 46, a Director shall issue a well technician licence of a class prescribed by the regulations to any applicant therefor who is qualified for the licence under sections 35 to 50 and the regulations and has paid the prescribed fee. R.S.O. 1990, c. O.40, s. 44; 2001, c. 9, Sched. G, s. 6 (17). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. G, s. 6 (17) - 29/06/2001; 2001, c. 9, Sched. G, s. 6 (18) - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2011

45 A Director may refuse to issue a well technician licence where the Director is of the opinion, upon reasonable and probable grounds, that the applicant is not competent to carry on the activities that would be authorized by the licence. R.S.O. 1990, c. O.40, s. 45.

46 A Director may revoke or suspend or may refuse to renew a well technician licence where the Director is of the opinion, upon reasonable and probable grounds, that, (a) any person has made a false statement in any material part of the application for the licence or a renewal thereof or of any report, document or other information required to be furnished by this Act or the regulations or any other Act or a regulation under any other Act that applies to the construction of wells; (b) the licensee is in contravention of sections 35 to 50 or the regulations; or (c) the licensee is not competent to carry on or has been grossly negligent in carrying on the activities that are authorized by the licence. R.S.O. 1990, c. O.40, s. 46; 2001, c. 9, Sched. G, s. 6 (19). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. G, s. 6 (19) - 29/06/2001 Review, refusal to issue, etc., well p…

47 (1) Where a Director proposes, (a) to refuse to issue or renew a well construction permit; (b) to revoke a well construction permit; (c) to impose terms and conditions in a well construction permit; (d) to alter the terms and conditions in a well construction permit; (e) to refuse to issue or renew a well contractor licence or a well technician licence; or (f) to revoke or suspend a well contractor licence or a well technician licence, the Director shall serve notice of the proposal, together with written reasons therefor, on the applicant, permittee or licensee, and the applicant, permittee or licensee may, by written notice served upon the Director and the Tribunal within fifteen days after the service of the notice of the Director, require a hearing by the Tribunal. R.S.O. 1990, c. O.40, s. 47 (1); 2000, c. 26, Sched. F, s. 13 (13). Powers of Tribunal where hearing (2) Where an app…

48 (1) Upon application by the Director and subject to subsection (4), the Tribunal may order that a proposal under section 47 may be carried out at once although a hearing is or may be required under that section or that the applicant, permittee or licensee fails to appear on the hearing of the application or the Tribunal may make a decision not to make such an order. R.S.O. 1990, c. O.40, s. 48 (1); 2000, c. 26, Sched. F, s. 13 (13). Notice (2) An application under subsection (1) must be made on not less than three full days notice to the applicant, permittee or licensee. R.S.O. 1990, c. O.40, s. 48 (2). Appearance by respondent (3) The respondent to an application under subsection (1) may, (a) appear in person or by a person authorized under the Law Society Act to represent the respondent at the hearing of the application; or (b) make submissions to the Tribunal by telephone or other …

49 (1) Every well construction permit, every well contractor licence and every well technician licence expires on the 31st day of March in the year next following the year of its issue or renewal. R.S.O. 1990, c. O.40, s. 49 (1). Continuation of licence pending renewal (2) Where a licensee has applied for a renewal of his, her or its licence and paid the prescribed fee before expiry of the licence, the licence shall be deemed to continue, (a) until the renewal is granted; or (b) where the licensee is served with notice that the Director proposes to refuse to grant the renewal, until the time for serving notice requiring a hearing by the Tribunal has expired and, where a hearing is required, until final disposition of the hearing and any appeal. R.S.O. 1990, c. O.40, s. 49 (2); 2000, c. 26, Sched. F, s. 13 (13). Application of s. 48 (1) (3) Subsection (2) does not apply where an order is …

50 A well construction permit, well contractor licence or well technician licence is not transferable. R.S.O. 1990, c. O.40, s. 50.

51 Repealed: 2001, c. 9, Sched. G, s. 6 (22). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. G, s. 6 (22) - 29/06/2001

52 Repealed: 2007, c. 10, Sched. D, s. 2 (6). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. G, s. 6 (23, 24) - 29/06/2001 2007, c. 10, Sched. D, s. 2 (6) - 04/06/2007

Sewage Works

53 (1) Subject to section 47.3 of the Environmental Protection Act, no person shall use, operate, establish, alter, extend or replace new or existing sewage works except under and in accordance with an environmental compliance approval. 2010, c. 16, Sched. 7, s. 3 (9). Exception, prescribed activities (2) 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 made under the Environmental Protection Act for the purposes of subsection 20.21 (1) of that Act, 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 made under the Environmental Protection Act prescribing the activity for the purposes of subsection 20.21 (1) of that Act comes into force, and the approval has not ce…

53.1 (1) If, except for the operation of Part VIII of the Environmental Protection Act, a works would have been a sewage works under this Act, upon the repeal of Part VIII of that Act, the works are continued as sewage works under this Act if, (a) a certificate of approval under section 77 of the Environmental Protection Act and a permit under section 78 of that Act were issued before the repeal of Part VIII and remain in force in respect of such works; or (b) a permit under section 78 of the Environmental Protection Act was issued before the repeal of Part VIII and remains in force for the works, but a certificate of approval under that Act was not issued or is no longer in force for the works. 1997, c. 30, Sched. B, s. 25. Same (2) If, except for the operation of Part VIII of the Environmental Protection Act, a works would have been a sewage works under this Act, upon the repeal of Par…

54 (1)-(3) Repealed: 2010, c. 16, Sched. 7, s. 3 (19). Powers of municipality after approval (4) If a registration under Part II.2 of the Environmental Protection Act is in effect or an environmental compliance approval has been issued in respect of a sewage works established or extended or to be established or extended by a municipality in or into another municipality or territory without municipal organization, the municipality undertaking the establishment or extension may enter upon, take and use such lands in such other municipality or municipalities or territory without municipal organization as may be necessary, and for that purpose has the same powers within such municipality or municipalities or territory as it has within its own municipality. R.S.O. 1990, c. O.40, s. 54 (4); 2002, c. 17, Sched. F, Table; 2010, c. 16, Sched. 7, s. 3 (20). Application to Tribunal (5) If a registr…

55 (1)-(3) Repealed: 2010, c. 16, Sched. 7, s. 3 (25). Application to Tribunal (4) If a registration under Part II.2 of the Environmental Protection Act is in effect or an environmental compliance approval has been issued in respect of the establishment or extension of a sewage treatment works by a person, other than a municipality, of sewage treatment works within a municipality the Ontario Land Tribunal may, on application by the person undertaking the establishment or extension, order the amendment of any by-law for prohibiting or regulating the use of land or structures for dumping or disposing of garbage, refuse or domestic or industrial waste passed under the Municipal Act, 2001, the City of Toronto Act, 2006 or a predecessor of those Acts or any by-law passed under section 34 of the Planning Act or any official plan to permit the use of land for the establishment or extension. R.S…

56 Subsections 54 (11) and (12) and subsections 55 (4) and (5) apply with necessary modifications to a municipality that has been issued an environmental compliance approval or has been provided with a confirmation of registration under Part II.2 of the Environmental Protection Act to the establishment or extension of its sewage works or to the establishment or extension of sewage treatment works. R.S.O. 1990, c. O.40, s. 56; 2010, c. 16, Sched. 7, s. 3 (28). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 7, s. 3 (28) - 31/10/2011