Pesticides Act

1 (1) In this Act, “air” means open air not enclosed in a building, structure, machine, chimney, stack, flue or vehicle; (“air”) “active ingredient” means, subject to subsection (1.1), a pesticide, (a) that is a component of a product that is a pesticide, and (b) to which the intended effects of the product are attributed; (“principe actif”) “administrative penalty” means a penalty imposed under section 41.1 or 41.2; (“pénalité administrative”) “analyst” means an analyst appointed under the Environmental Protection Act; (“analyste”) “cosmetic” means non-essential; (“esthétique”) “discharge”, when used as a verb, includes add, deposit, emit or leak and, when used as a noun, includes addition, deposit, emission or leak; (“rejet”, “rejeter”) “document” includes a sound recording, videotape, film, photograph, chart, graph, map, plan, survey, book of account and information recorded or stored…

2 The Minister, for the purpose of the administration of this Act and the regulations, may, (a) investigate problems relating to pesticides and the control of pests; (b) conduct research relating to pesticides and the control of pests; (c) conduct studies of the effect of pesticides and the control of pests on the quality of the environment; (d) convene conferences and conduct seminars and educational programs relating to pesticides and the control of pests; (e) gather, publish and disseminate information relating to pesticides and the control of pests; (f) make grants and loans for research related to pesticides and the control of pests in such amounts and upon such terms and conditions as the regulations may prescribe; (g) appoint committees to perform such advisory functions as the Minister considers requisite; (h) with the approval of the Lieutenant Governor in Council, enter into an…

3 (1) The Minister may appoint as Directors such public servants who work in the Ministry as the Minister considers necessary for the purposes of the sections of this Act or the regulations that are set out in the appointments. 2017, c. 20, Sched. 5 s. 2 (4). Limitation of authority of Director (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. P.11, s. 3 (2). Section Amendments with date in force (d/m/y) 2006, c. 35, Sched. C, s. 109 (1) - 20/08/2007 2017, c. 20, Sched. 5, s. 2 (4) - 04/09/2018

4 No person, whether acting or not acting under the authority of a licence or permit under this Act or an exemption under the regulations, shall discharge or cause or permit the discharge of a pesticide or of any substance or thing containing a pesticide into the environment that, (a) causes or is likely to cause impairment of the quality of the environment for any use that can be made of it greater than the impairment, if any, for such use that would necessarily result from the proper use of the pesticide; (b) causes or is likely to cause injury or damage to property or to plant or animal life greater than the injury or damage, if any, that would necessarily result from the proper use of the pesticide; (c) causes or is likely to cause harm or material discomfort to any person greater than the harm or material discomfort, if any, that would necessarily result from the proper use of the p…

5 (1) No person shall engage in, perform or offer to perform an extermination except under and in accordance with a licence of a prescribed class and except by the use of a pesticide of a class and under the conditions for use prescribed for that class of licence or unless exempt under the regulations. R.S.O. 1990, c. P.11, s. 5 (1). Licence required to operate extermination business (2) No person shall operate an extermination business except under and in accordance with a licence of a prescribed class or unless exempt under the regulations. R.S.O. 1990, c. P.11, s. 5 (2). (3), (4) Repealed: 2017, c. 20, Sched. 5, s. 2 (5). Section Amendments with date in force (d/m/y) 2017, c. 20, Sched. 5, s. 2 (5) - 04/09/2018

6 Unless exempt by the regulations, no person shall sell, offer to sell or transfer any pesticide unless the pesticide is classified in accordance with the regulations and except under and in accordance with a licence that shall be for such class and in respect of each premises on, in or from which the pesticide is or will be sold, offered for sale or transferred. R.S.O. 1990, c. P.11, s. 6; 1997, c. 37, s. 5 (1). Section Amendments with date in force (d/m/y) 1997, c. 37, s. 5 (1) - 18/12/1997

7 (1) Except under and in accordance with a permit for the extermination issued by the Director, or if the person is exempt under the regulations, no person shall perform a land extermination or a structural extermination, (a) by means of a pesticide prescribed for the purpose of this section; (b) by means of a pesticide of a class prescribed for the purpose of this section; or (c) under the conditions of use prescribed for the purpose of this section. 2017, c. 20, Sched. 5, s. 2 (6). Idem (2) No person shall perform a water extermination except under and in accordance with a permit issued by the Director for the water extermination or if the person is exempt under the regulations. R.S.O. 1990, c. P.11, s. 7; 2017, c. 20, Sched. 5, s. 2 (7). Section Amendments with date in force (d/m/y) 2017, c. 20, Sched. 5, s. 2 (6, 7) - 04/09/2018

7.1 (1) Subject to subsection (2), no person shall use or cause or permit the use in, on or over land of an active ingredient unless the active ingredient meets the following criteria: 1. The Director has determined, in accordance with the regulations, that the active ingredient is appropriate for use for a cosmetic purpose. 2. The Director has listed the active ingredient in a prescribed document, which may be amended from time to time, published by the Ministry and available on a website of the Government. 2019, c. 14, Sched. 8, s. 44. Exception, specified uses (2) Subsection (1) does not apply to the following uses of an active ingredient: 1. Uses related to golf courses, if any prescribed conditions have been met. 2. Uses related to agriculture. 3. Uses related to forestry. 4. Uses related to the promotion of public health or safety. 5. Other prescribed uses, if any prescribed condit…

8 For the purposes of this Act and the regulations, an act or thing done or omitted to be done by an officer, official, employee or agent of a corporation in the course of his or her employment or in the exercise of his or her powers or the performance of his or her duties shall be deemed to be also an act or thing done or omitted to be done by the corporation. R.S.O. 1990, c. P.11, s. 8.

9 An operator shall insure against liability or furnish a bond as provided for by the regulations. R.S.O. 1990, c. P.11, s. 9.

10 Repealed: 2019, c. 14, Sched. 8, s. 45. Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 8, s. 45 - 01/05/2020

11 (1) The Director shall, (a) subject to subsection (2), issue or renew a licence referred to in section 5 or 6 to any person who, (i) applies for the licence or a renewal of the licence in accordance with the regulations, (ii) meets the requirements of the regulations for the particular class of licence applied for, and (iii) pays the prescribed fee; and (b) subject to subsection (3), issue a permit referred to in section 7 to any person who, (i) applies for the permit in accordance with the regulations, (ii) meets the requirements of the regulations for the permit applied for, and (iii) pays the prescribed fee. 2017, c. 20, Sched. 5, s. 2 (8). Director may refuse to issue or renew licence (2) The Director may refuse to issue a licence to an applicant or renew a licence of an applicant if the following circumstances apply: 1. One of the following conditions is met: i. In the case of an…

12 A licence expires as prescribed by the regulations. R.S.O. 1990, c. P.11, s. 12.

13 (1) Where the Director proposes, (a) to refuse to issue or renew a licence; (b) to suspend or revoke a licence; or (c) to make, amend or vary a control order,

he or she shall serve notice of the proposal, together with written reasons therefor, on the applicant, licensee or person to whom the Director intends to direct the control order. R.S.O. 1990, c. P.11, s. 13 (1). Notice (2) A notice under subsection (1) shall state that the applicant, licensee or person to whom the Director intends to direct the control order is entitled to a hearing by the Tribunal if they mail or deliver to the Director and the Tribunal, within fifteen days after the notice under subsection (1) is served on them, notice in writing requiring a hearing. R.S.O. 1990, c. P.11, s. 13 (2); 2000, c. 26, Sched. F, s. 14 (4). Powers of Director where no hearing (3) Where an applicant, licensee or person to whom the Director intends to direct the control order does not require a hearing by the Tribunal in accordance with subsection (2), the Director may carry out the proposal s…

14 (1) The Director, the applicant, licensee, permittee or person to whom the Director intends to direct a control order who has required a hearing and such other persons as the Tribunal may specify are parties to proceedings before the Tribunal under section 13. R.S.O. 1990, c. P.11, s. 14 (1); 2000, c. 26, Sched. F, s. 14 (4). Notice of hearing (2) The Tribunal shall afford to the applicant, licensee, permittee or person to whom the Director intends to direct a control order a reasonable opportunity to show or to achieve compliance before the hearing with all lawful requirements for the issue or retention of the licence or permit or to take such action as will preclude the necessity for making, amending or varying the control order. R.S.O. 1990, c. P.11, s. 14 (2); 1994, c. 27, s. 117; 2000, c. 26, Sched. F, s. 14 (4); 2001, c. 9, Sched. G, s. 7 (3). Examination of documentary evidence…

15 (1) Any party to proceedings before the Tribunal may appeal from its decision or order on a question of law to the Divisional Court in accordance with the rules of court. R.S.O. 1990, c. P.11, s. 15 (1); 2000, c. 26, Sched. F, s. 14 (4). (2) Repealed: 1997, c. 37, s. 5 (4). Minister entitled to be heard (3) The Minister is entitled to be heard by counsel or otherwise upon the argument of an appeal under subsection (1). R.S.O. 1990, c. P.11, s. 15 (3). (4) Repealed: 2021, c. 4, Sched. 10, s. 5 (1). Section Amendments with date in force (d/m/y) 1997, c. 37, s. 5 (4) - 18/12/1997 2000, c. 26, Sched. F, s. 14 (4) - 06/12/2000 2021, c. 4, Sched. 10, s. 5 (1) - 01/06/2021

16 (1) No action or other proceeding for damages or otherwise shall be instituted against any of the following persons for any act done in good faith in the execution or intended execution of any duty or authority under this Act or for any alleged neglect or default in the execution in good faith of such a duty or authority: 1. Repealed: 2019, c. 14, Sched. 8, s. 46. 2. An employee in the Ministry. 3. A provincial officer employed under Part III of the Public Service of Ontario Act, 2006. 4. A public servant who is acting under the direction of a person described in paragraph 1, 2 or 3. 2006, c. 35, Sched. C, s. 109 (2); 2009, c. 33, Sched. 2, s. 58; 2017, c. 20, Sched. 5, s. 2 (14); 2019, c. 14, Sched. 8, s. 46. Exception (1.1) Subsection (1) does not apply in the case of an application for judicial review or an action or proceeding that is specifically provided for with respect to a pe…

17 (1) The Minister may designate as provincial officers one or more public servants who work in the Ministry or other persons to exercise such powers and perform such duties and functions under this Act as the Minister specifies. 2017, c. 20, Sched. 5, s. 2 (15). Limitation of authority (1.1) In a designation of a provincial officer, the Minister may limit the authority of the officer in the manner that the Minister considers necessary or advisable. 2017, c. 20, Sched. 5, s. 2 (15). Provincial officers are peace officers (2) A provincial officer is a peace officer for the purpose of enforcing this Act. 1998, c. 35, s. 79. Investigation and prosecution (3) A provincial officer may investigate offences under this Act and may prosecute any person whom the provincial officer reasonably believes is guilty of an offence under this Act. 1998, c. 35, s. 79. Obstruction (4) No person shall hinde…

18 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. 44. Section Amendments with date in force (d/m/y) 2018, c. 3, Sched. 5, s. 46 - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 44 - 01/04/2024

19 (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 place in which the provincial officer reasonably believes a pesticide can be found; (b) entering any place in or from which the provincial officer reasonably believes a pesticide is being, has been or may be discharged into the environment; (c) entering any place that the provincial officer reasonably believes is likely to contain documents related to, (i) an activity or undertaking that is, or is required to be, the subject of a permit, licence or order under this Act, (ii) an activity or undertaking that is exempted by a regulation from any requirement to have a permit or licence under this Act and that is regulated by the provisions of the regulation, or (iii) t…

19.1 (1) In this section, “vehicle” includes a trailer or other equipment attached to the vehicle. 1998, c. 35, s. 80. 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. 80. 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. 80. 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. 80. 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 …

19.2 A provincial officer who exercises any power set out in section 19, 19.1, 22, 23 or 23.1 may, if the provincial officer is designated as such under the Environmental Protection Act, the Nutrient Management Act, 2002, the Ontario Water Resources 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 15, 15.1, 19, 20 or 20.1 of the Ontario Water Resources 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. 71 (4). Section Amendments with date in force (d/m/y) 1998, c. 35, s. 80 - 01/02/1999 2002, c. 4, s. 66 (1) - 01/07/2003 2009, c. 19, s. 71 (4) - 01/01/2010; 2009, …

19.3 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 20. 1998, c. 35, s. 80. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 80 - 01/02/1999

19.4 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. 81. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 81 - 01/02/1999

19.5 (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 19, section 19.1 or 20. 2. During a search under section 23. 3. During the time required for the provincial officer to obtain an order under section 20 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 p…

19.6 (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. 81. 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. 81. 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. 81; 2009, c. 33, Sched. 15, s. 9 (3). Renewal (4…

19.7 Where an order under section 19.5 or 19.6 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. 81. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 81 - 01/02/1999

20 (1) A justice may issue an order authorizing a provincial officer to do anything set out in subsection 19 (1) or (2) or section 19.1 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 19 (1) or (2) or section 19.1 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 19 (1) or (2) or section 19.1; (c) there is reasonable ground to believe that a person may prevent a provincial officer from doing anything set out i…

21 A provincial officer may detain samples or copies obtained under section 19, 19.1 or 20 for any period and for any of the purposes of this Act and the regulations. 1998, c. 35, s. 83. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 83 - 01/02/1999

22 During an inspection under section 19, 19.1 or 20, 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 is likely to discharge a pesticide, or a substance or thing containing a pesticide, into the environment out of the normal course of events and impairment of the environment has resulted or is likely to result. 1998, c. 35, s. 83. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 83 - 01/02/19…

23 (1) In this section, “offence” means an offence under section 4, 6, 7 or 7.1. R.S.O. 1990, c. P.11, s. 23 (1); 2008, c. 11, s. 3. 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. P.11, s. 23 (2). Seizure during search (3) During a search under subsection (2), a provincial officer, without warrant or court order, may seize any thing if, (a) the provincial officer reasonably believes that the thing will afford evidence of an offence; or (b) the provincial o…

23.1 (1) A provincial officer who seizes any thing under section 22 or 23 may remove the thing or may detain it in the place where it is seized. Receipt (2) Where possible, the provincial officer shall inform the person from whom a thing is seized under section 22 or 23 as to the reason for the seizure and shall give the person a receipt for the thing seized. 1998, c. 35, s. 85. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 85 - 01/02/1999

24 (1) A provincial officer who seizes any thing during an inspection or search under section 22 or 23 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. 86. Seizure (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 22 or 23. R.S.O. 1990, c. P.11, s. 24 (2). Section Amendments with date in force (d/m/y) 1998, c. 35, s. 86 - 01/02/1999

24.1 (1) Where the Director believes that, given the nature of a thing seized under section 22 or 23, 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 22 or 23 believes that the thing will rot, spoil or otherwise perish, the person may dispose of the thing. Non-application of provision (3) Section 24 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. 87. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 87 - 01/02/1999

24.2 (1) Where a thing has been disposed of in accordance with section 24.1, 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. 87. 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 th…

24.3 (1) On the application of the Director, the Superior Court of Justice may order that a thing seized under section 22 or 23 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. 87; 2001, c. 9, Sched. G, s. 7 (17). 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 has been 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 pers…

25 (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. P.11, s. 25; 1998, c. 35, s. 88 (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. 88 (3). Section Amendments with date in force (d/m/y) 1998, c. 35, s. 88 (1-3) - 01/02/1999

25.1 (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…

26 It is a condition of every permit or licence under this Act that the holder must forthwith on request permit provincial officers to carry out inspections authorized by the following provisions of any place, other than any room actually used as a dwelling, to which the permit or licence relates: 1. Section 19, 19.1 or 20 of this Act. 2. Section 156, 156.1 or 158 of the Environmental Protection Act. 3. Section 13, 14 or 16 of the Nutrient Management Act, 2002. 4. Section 15, 15.1 or 17 of the Ontario Water Resources Act. 5. Section 81, 82 or 89 of the Safe Drinking Water Act, 2002. 6. Section 15 or 18 of the Toxics Reduction Act, 2009. 2009, c. 19, s. 71 (6). Section Amendments with date in force (d/m/y) 1998, c. 35, s. 90 - 01/02/1999 2002, c. 4, s. 66 (2) - 01/07/2003 2009, c. 19, s. 71 (6) - 01/01/2010; 2009, c. 19, s. 71 (7) - no effect - see 2009, c. 19, s. 65 - 31/12/2019

26.0.1 (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. 2017, c. 2, Sched. 11, s. 5. Same (2) For the purposes of subsection (1), a provincial officer may make inquiries by telephone or by any other means of communication. 2017, c. 2, Sched. 11, s. 5. 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. 5. Records in electronic form (4) If a record is retained in electroni…

26.1 (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 made under this Act, other than an order requiring the person to pay an administrative penalty; or (c) a term or condition of a licence or permit issued under this Act. 1998, c. 35, s. 91; 2019, c. 14, Sched. 8, s. 48. 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; and (c) state that a review of the order may be requested in accordance with section 26.3. 1998, c. 35, s. 91. What order may require (3) The order may require the person to whom it is directed t…

26.2 (1) An order issued under section 26.1 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. 91. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 91 - 01/02/1999

26.3 (1) A person to whom an order under section 26.1 or 26.2 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. 91. 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. 91. 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 facsimile transmission or by such other means of service as the regulations may prescribe. 1998,…

26.4 Section 13 does not apply to orders under sections 26.1, 26.2 and 26.3. 1998, c. 35, s. 91. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 91 - 01/02/1999

26.5 (1) Where the Director has made an order under section 26.3, any person to whom the order is directed may, by written notice served on the Director and the Tribunal within 15 days after service on the person of a copy of the order require a hearing by the Tribunal. 1998, c. 35, s. 91; 2000, c. 26, Sched. F, s. 14 (4). Extension of time for requiring hearing (2) The Tribunal may extend the time for giving notice under subsection (1) where it is satisfied that there are reasonable grounds for the extension and that there are apparent grounds for granting relief. 1998, c. 35, s. 91; 2000, c. 26, Sched. F, s. 14 (4). Same (3) The Tribunal may give such directions as it considers proper consequent on the extension. 1998, c. 35, s. 91; 2000, c. 26, Sched. F, s. 14 (4). Effect of Director’s order (4) Section 143 of the Environmental Protection Act applies with necessary modifications to or…

27 (1) Where the Director or a provincial officer is of the opinion, upon reasonable and probable grounds, that an emergency exists by reason of, (a) danger to the health or safety of any person; (b) impairment or immediate risk of impairment of the quality of the environment for any use that is being or is likely to be made of it; (c) injury or damage or immediate risk of injury or damage to any property or to any plant or animal life; or (d) the rendering or the immediate risk of rendering directly or indirectly any property or plant or animal life unfit for use by humans,

consequent upon the handling, storage, use, disposal, transportation or display of a pesticide or a substance or thing containing a pesticide, the Director or provincial officer, as the case may be, may make an oral or written stop order directed to the person responsible for the pesticide or the substance or thing containing the pesticide ordering such person to stop immediately the handling, storage, use, disposal, transportation or display of the pesticide or the substance or thing containing the pesticide either permanently or for a specific period of time. R.S.O. 1990, c. P.11, s. 27 (1). Immediate appeal (2) A person who is affected by a stop order made by a provincial officer under subsection (1) may appeal therefrom in person or by a person authorized under the Law Society Act to represent the person affected and by telephone or otherwise to the Director and the Director, after r…

28 (1) Where the handling, storage, use, disposal, transportation or display of a pesticide or a substance or thing containing a pesticide, (a) causes or is likely to cause impairment of the quality of the environment for any use that is being or is likely to be made of it; (b) causes or is likely to cause injury or damage to property or to plant or animal life; (c) causes or is likely to cause harm or material discomfort to any person; (d) adversely affects or is likely to affect adversely the health of any person; (e) impairs or is likely to impair the safety of any person; (f) renders or is likely to render directly or indirectly any property or plant or animal life unfit for use by humans,

the Director, subject to section 13, may make a control order directed to the person responsible for the pesticide or the substance or thing containing the pesticide. Content of control order (2) The Director, in a control order, may order the person to whom the order is directed to, (a) limit or control the rate of discharge of a pesticide or a substance or thing containing a pesticide into the environment in accordance with the directions set out in the order; (b) stop the discharge of a pesticide or a substance or thing containing a pesticide into the environment, (i) permanently, (ii) for a specified period of time, or (iii) in the circumstances set out in the order; and (c) comply with any directions set out in the order relating to the manner in which a pesticide or a substance or thing containing a pesticide or the container of either of them may be handled, stored, used, disposed…

29 Every person who discharges a pesticide or a substance or thing containing a pesticide in or into the environment out of the normal course of events that, (a) causes or is likely to cause impairment of the quality of the environment for any use that can be made of it; (b) causes or is likely to cause injury or damage to property or to plant or animal life; (c) causes or is likely to cause harm or material discomfort to any person; (d) adversely affects or is likely to adversely affect the health of any person; (e) impairs or is likely to impair the safety of any person; or (f) renders or is likely to render directly or indirectly any property or plant or animal life unfit for use by humans,

shall forthwith notify the Director. R.S.O. 1990, c. P.11, s. 29. Damage repair, cleaning and decontamination

30 (1) Where any person discharges or causes or permits the discharge of a pesticide or a substance or thing containing a pesticide that causes or is likely to cause injury or damage to or impairment of, (a) the quality of the environment for any use that is being or is likely to be made of it; (b) any property or water; (c) plant or animal life; or (d) a person,

the Minister, where he or she is of the opinion that it is in the public interest to do so, may order the person responsible for the pesticide or the substance or thing containing the pesticide to do all things and take all steps within such time or times as may be specified in the order for the purpose of preventing or repairing, as the case requires, such injury or damage or impairment or to restore such quality. Cleaning and decontamination (2) Every person responsible for a pesticide or a substance or thing containing a pesticide shall take such measures and do such things within such time or times with respect to the cleaning and decontamination of the environment, or any plant or animal life, substance or thing that has come into contact with a pesticide by any means other than in accordance with this Act and the regulations or a licence, permit or order thereunder as may be prescr…

31 (1) An order of a court, the Minister, the Director or a provincial officer 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. 6 (3). 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. 6 (3). Receivers and trustees (3) An order of a court, the Minister, the Director or a provincial officer under this Act that relates to property is bindi…

31.1 In this section and in sections 31.2 to 31.6, “fiduciary” means an executor, administrator, administrator with the will annexed, trustee, guardian of property or attorney for property, but does not include a trustee in bankruptcy or trustee in bankruptcy representative; (“représentant fiduciaire”) “fiduciary property” means property held or administered by a fiduciary in the capacity of fiduciary, or property in respect of which a fiduciary has powers or duties in the capacity of fiduciary; (“bien fiduciaire”) “fiduciary representative” means, with respect to a fiduciary, an officer, director, employee or agent of the fiduciary, or a lawyer, consultant or other advisor of the fiduciary who is acting on behalf of the fiduciary; (“représentant d’un représentant fiduciaire”) “municipality” includes a local board, as defined in the Municipal Affairs Act, and a board, commission or other…

31.2 Sections 31.3 to 31.6 shall not be construed as affecting any cause of action that a person would have in the absence of those sections. 2001, c. 17, s. 6 (3). Section Amendments with date in force (d/m/y) 2001, c. 17, s. 6 (3) - 01/12/2002

31.3 (1) For the purposes of this Act, a municipality or a municipal representative who takes an action described in subsection (2) is not, for that reason alone, (a) the person having the charge, management or control of the handling, storage, use, disposal, transportation or display of a pesticide, substance or thing; or (b) the person having the charge, management or control of a pesticide, substance or thing. 2001, c. 17, s. 6 (3). Actions (2) The actions referred to in subsection (1) are the following: 1. Any action taken for the purpose of conducting, completing or confirming an investigation relating to non-municipal property. 2. Any action taken for the purpose of preserving or protecting non-municipal property, including action to, i. ensure the supply of water, sewage services, electricity, artificial or natural gas, steam, hot water, heat or maintenance, ii. secure the propert…

31.4 (1) For the purposes of this Act, a secured creditor or a secured creditor representative who takes an action described in subsection (2) is not, for that reason alone, (a) the person having the charge, management or control of the handling, storage, use, disposal, transportation or display of a pesticide, substance or thing; or (b) the person having the charge, management or control of a pesticide, substance or thing. 2001, c. 17, s. 6 (3). Actions (2) The actions referred to in subsection (1) are the following: 1. Any action taken for the purpose of conducting, completing or confirming an investigation relating to the secured property. 2. Any action taken for the purpose of preserving or protecting the secured property, including action to, i. ensure the supply of water, sewage services, electricity, artificial or natural gas, steam, hot water, heat or maintenance, ii. secure the …

31.5 (1) A receiver or trustee in bankruptcy is not required to comply with any order under this Act that is issued by the Minister, the Director or a provincial officer if the order did not arise from the gross negligence or wilful misconduct of the receiver or trustee in bankruptcy, or of a receiver representative or trustee in bankruptcy representative, and, (a) not later than 10 days after being served with the order, or within such longer period as may be specified by the Director in the order, the receiver or trustee in bankruptcy notifies the Director that they have abandoned, disposed of or otherwise released their interest in the property to which the order relates; or (b) the order was stayed under Part I of the Bankruptcy and Insolvency Act (Canada) and the receiver or trustee in bankruptcy notified the Director, before the stay expired, that they abandoned, disposed of or oth…

31.6 If the Minister, the Director or a provincial officer issues an order under any provision of this Act to a fiduciary or fiduciary representative with respect to fiduciary property, the obligation of the fiduciary or fiduciary representative to incur costs to comply with the order is limited to the value of the assets they hold or administer on the date they are served with the order, less their reasonable costs of holding or administering the assets, unless the order arose from the gross negligence or wilful misconduct of the fiduciary or fiduciary representative. 2001, c. 17, s. 6 (3). Section Amendments with date in force (d/m/y) 2001, c. 17, s. 6 (3) - 01/12/2002

32 This Act binds the Crown. R.S.O. 1990, c. P.11, s. 32.

33 A licence or a permit under this Act is not transferable. R.S.O. 1990, c. P.11, s. 33.

34 (1) Where, in the opinion of the Director, it is in the public interest to do so, the Director may exempt an applicant for a licence issued by the Director under section 6 or the holder of such a licence from any provision of the regulations and issue a licence to the applicant or modify the licence of the licensee, as the case may be, upon such terms and conditions, or alter or revoke the terms and conditions, as the Director considers necessary. R.S.O. 1990, c. P.11, s. 34. Exception (2) Subsection (1) does not authorize the Director to exempt a person from a provision of a regulation made with respect to section 7.1. 2008, c. 11, s. 4. Section Amendments with date in force (d/m/y) 2008, c. 11, s. 4 - 22/04/2009

35 (1) The Lieutenant Governor in Council may make regulations, 1. prescribing classes of licences and the requirements for the issue and renewal of licences; 2. exempting any person or class of persons from this Act or the regulations or any provision thereof and prescribing terms and conditions attaching to any such exemption; 3. providing for the issue and renewal of licences; 4. prescribing expiry dates or the method of determining the expiry dates of licences or any class of licences; 5. providing for the issue of permits and the requirements for permits; 5.1 governing applications for the issue of licences and permits and for renewals of licences, including the timing of applications and the manner of making applications, and prescribing the circumstances in which an application may not be submitted; 5.2 prescribing requirements to be met by applicants for the issue and renewal of …

36 (1) Any regulation may be general or particular in its application and may be limited as to time or place or both. R.S.O. 1990, c. P.11, s. 36 (1). Adoption of documents in regulations (2) A regulation may adopt by reference, in whole or in part, with such changes as the Lieutenant Governor in Council considers necessary, any document, including a code, formula, standard, protocol or procedure, and may require compliance with any document so adopted. 2017, c. 20, Sched. 5, s. 2 (26). Rolling incorporation by reference (3) The power to adopt by reference and require compliance with a document in subsection (2) includes the power to adopt a document as it may be amended from time to time. 2017, c. 20, Sched. 5, s. 2 (26). When effective (4) The adoption of an amendment to a document that has been adopted by reference comes into effect upon the Ministry publishing notice of the amendment…

37 (1) The Minister may make regulations in respect of the following matters: 1. Imposing fees for anything done or requested to be done under this Act, prescribing the manner in which and the period within which fees must be paid, and authorizing the refund of fees in prescribed circumstances. 2017, c. 20, Sched. 5, s. 2 (27). Exemptions (2) A regulation made under subsection (1) may exempt a person or class of persons from a specified requirement imposed by the regulation, in such circumstances as may be prescribed, or provide that a specified requirement does not apply to the person or class in such circumstances as may be prescribed. 2017, c. 20, Sched. 5, s. 2 (27). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. G, s. 7 (10) - 29/06/2001 2017, c. 20, Sched. 5, s. 2 (27) - 04/09/2018

38 (1) Any document given, served or delivered under this Act is sufficiently given, served or delivered if it is, (a) delivered personally; (b) sent by mail addressed to the person to whom it is required to be given, served or delivered at the latest address for the person appearing on the records of the Ministry; or (c) given or served in accordance with regulations respecting service. When service deemed made (2) Where service is made by mail, the service shall be deemed to be made on the fifth day after the day of mailing unless the person on whom service is being made establishes that the person did not, acting in good faith, through absence, accident, illness or other cause beyond the person’s control receive the document until a later date. 1998, c. 35, s. 93. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 93 - 01/02/1999

39 Where the Minister or the Director has authority to order or require that any matter or thing be done, the Minister may order that, in default of its being done by the person ordered or required to do it, such matter or thing shall be done at the expense of such person, and the Minister may recover the cost of doing it, with costs, by action in a court of competent jurisdiction as a debt due to the Crown by such person. R.S.O. 1990, c. P.11, s. 39.

40 Repealed: 1998, c. 35, s. 94. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 94 - 01/02/1999

41 The Crown, by notice to the clerk of the Ontario Court of Justice, may require that a provincial judge preside over a proceeding in respect of an offence under this Act. R.S.O. 1990, c. P.11, s. 41; 2001, c. 9, Sched. G, s. 7 (11); 2006, c. 21, Sched. C, s. 129 (3). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. G, s. 7 (11) - 29/06/2001 2006, c. 21, Sched. C, s. 129 (3) - 01/05/2007

41.1 (1) The purpose of an administrative penalty issued under this Act is, (a) to ensure compliance with this Act; and (b) to prevent a person or entity from deriving, directly or indirectly, any economic benefit as a result of non-compliance with this Act. 2019, c. 14, Sched. 8, s. 50. Order by Director, provincial officer (2) If the Director or, in the circumstances prescribed by the regulations, a provincial officer, is of the opinion that a person has committed a contravention prescribed by the regulations, the Director or provincial officer, as the case may be, may issue an order requiring the person to pay an administrative penalty in respect of the contravention. 2019, c. 14, Sched. 8, s. 50. Prescribed contraventions (3) For the purposes of subsection (2), a prescribed contravention may be in respect of, (a) a provision of this Act or the regulations; (b) a provision of an order…

41.2 (1) A person who is required by an order issued by a provincial officer to pay an administrative penalty may, within seven days after being served with the order, request that the Director review the order. 2019, c. 14, Sched. 8, s. 50. Request for review (2) A request for a review shall be made in writing and shall include, (a) a statement of whether the review applies to the liability to pay the penalty, the amount of the penalty or both; (b) any submissions that the person requesting the review wishes the Director to consider; and (c) for the purposes of subsection (7), an address for service by mail, fax or such other means of service as the regulations may prescribe. 2019, c. 14, Sched. 8, s. 50. Stay (3) If a person requests a review, the requirement to pay the administrative penalty is stayed until the disposition of the matter. 2019, c. 14, Sched. 8, s. 50. Decision of Direc…

41.3 (1) A person who is required to pay an administrative penalty may, within 15 days after service of the order on the person, by a written notice served on the Director and the Tribunal, require the Tribunal to hold a hearing with respect to the matter to which the notice relates and, in such case, the requirement to pay is stayed until the disposition of the matter. 2019, c. 14, Sched. 8, s. 50. Tribunal’s powers on hearing (2) At a hearing by the Tribunal in respect of an order to pay an administrative penalty, the Tribunal shall determine whether in the circumstances, the order should be confirmed, revoked or amended. 2019, c. 14, Sched. 8, s. 50. Amount of administrative penalties (3) For greater certainty, if a hearing by the Tribunal is required under this section in respect of an order to pay an administrative penalty, the regulations made under clause 41.1 (14) (c) governing t…

41.4 If a person who is required to pay an administrative penalty fails to comply with the requirement, (a) the order that requires payment may be filed with a local registrar of the Superior Court of Justice and the order may be enforced as if it were an order of the court; (b) the Director may, by order, suspend any permit or licence issued to the person under this Act until the administrative penalty is paid; and (c) the Director may refuse to issue any permit or licence to the person or refuse to renew any permit or licence issued to the person under this Act until the administrative penalty is paid. 2019, c. 14, Sched. 8, s. 50. Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 8, s. 50 - 10/12/2019

41.5 Administrative penalties paid under this Act shall be deposited in the account referred to in section 182.2 of the Environmental Protection Act. 2019, c. 14, Sched. 8, s. 50. Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 8, s. 50 - 10/12/2019 Offences

42 (1) Every person who contravenes this Act or a regulation is guilty of an offence. R.S.O. 1990, c. P.11, s. 42 (1). Offence, orders (2) Every person who fails to comply with an order, other than an order requiring the person to pay an administrative penalty under this Act, is guilty of an offence. 2019, c. 14, Sched. 8, s. 51. Offence, licence or permit (3) Every person who fails to comply with a term or condition of a licence or permit made or issued under this Act is guilty of an offence. R.S.O. 1990, c. P.11, s. 42 (3). Offence re fees (4) Every person who fails to pay a fee that the person is required to pay under section 37 is guilty of an offence. 2001, c. 9, Sched. G, s. 7 (14). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. G, s. 7 (14) - 29/06/2001 2019, c. 14, Sched. 8, s. 51 - 10/12/2019 Penalties, general

43 (1) Every individual convicted of an offence under this Act is liable, (a) on a first conviction, for each day or part of a day on which the offence occurs or continues, to a fine of not more than $20,000; and (b) on each subsequent conviction, (i) for each day or part of a day on which the offence occurs or continues, to a fine of not more than $50,000, (ii) to imprisonment for a term of not more than one year, or (iii) to both such fine and imprisonment. Corporations (2) Every corporation convicted of an offence under this Act is liable, (a) on a first conviction, for each day or part of a day on which the offence occurs or continues, to a fine of not more than $100,000; and (b) on each subsequent conviction, for each day or part of a day on which the offence occurs or continues, to a fine of not more than $200,000. 1998, c. 35, s. 96. Section Amendments with date in force (d/m/y) 1…

44 The court that convicts a person of an offence under this Act, in addition to any other penalty imposed by the court, may increase a fine imposed upon the person by an amount equal to the amount of the monetary benefit acquired by or that accrued to the person as a result of the commission of the offence, despite any maximum fine elsewhere provided. R.S.O. 1990, c. P.11, s. 44. Penalties, more serious offences

45 (1) Subsections (2) and (3) apply to the following offences: 1. An offence under subsection 42 (1) or 49 (2) that posed, poses or may pose a risk of an effect mentioned in subsection 49 (3). 2. An offence under subsection 42 (2), other than an offence of failing to comply with an order under section 27. 3. An offence of contravening section 17. 4. An offence under subsection 42 (3). 1998, c. 35, s. 97 (1); 2000, c. 22, s. 3 (3). Corporations, subs. (1) (2) Every corporation convicted of an offence described in subsection (1) is liable, in substitution for any penalty provided in section 43, for each day or part of a day on which the offence occurs or continues, to a fine of not more than $250,000 on a first conviction and not more than $500,000 on each subsequent conviction. 1998, c. 35, s. 97 (1). Individuals, subs. (1) (3) Every individual convicted of an offence described in subsec…

46 (1) On its own initiative or on the request of the prosecutor, the court that convicts a person of an offence under this Act, in addition to any other penalty imposed by the court, may order the person, (a) to take such action as the court directs, including but not limited to providing an alternate water supply, within the time specified in the order to prevent, eliminate or ameliorate damage that results from or is in any way connected to the commission of the offence; and (b) to comply with any order that the Director has issued to the person in relation to damage that results from or is in any way connected to the commission of the offence. 1998, c. 35, s. 98 (1). Other conditions (2) An order under subsection (1) may contain such other conditions relating to the circumstances of the offence and of the person that contributed to the commission of the offence as the court considers…

46.1 (1) On its own initiative or on the request of the prosecutor, the court that convicts a person of an offence under this Act, in addition to any other penalty imposed by the court, may make an order for restitution against the person convicted of the offence, requiring the person to pay another person for reasonable expenses actually incurred by the other person on account of damage to property in which the other person has an interest that results from or is in any way connected to the commission of the offence, in such amount and on such terms and conditions as the court considers just. 1998, c. 35, s. 99. Expenses incurred, interpretation (2) For the purposes of subsection (1), expenses are incurred on account of damage to property if they are incurred, (a) to prevent, eliminate or ameliorate the damage; (b) to replace the property that suffered the damage; or (c) to restore the …

46.2 (1) On its own initiative or on the request of the prosecutor, the court that convicts a person of an offence under this Act, in addition to any other penalty imposed by the court, may, if conviction is in relation to an offence in connection with which a thing has been seized under section 22 or 23 or under a warrant issued under the Provincial Offences Act, order that the thing be forfeited to the Crown. 1998, c. 35, s. 99. Same (2) The court shall not make an order under subsection (1) unless the court is satisfied that, (a) the seizure of the thing was lawful; and (b) no later than seven days before the hearing of the request, 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 registra…

46.3 (1) Where a person is convicted of an offence under this Act and a fine is imposed, (a) a thing seized in connection with the offence and not forfeited to the Crown under section 24.1, 24.3 or 46.2 shall not be returned until the fine has been paid; and (b) if payment of the fine is in default within the meaning of section 69 of the Provincial Offences Act, a justice may order that the thing be forfeited to the Crown. Application of subss. 46.2 (2) to (6) (2) Subsections 46.2 (2) to (6) apply with necessary modifications in relation to an order under clause (1) (b). 1998, c. 35, s. 99. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 99 - 01/02/1999

46.4 If a person is convicted of an offence under this Act, the justice may, in addition to any other penalty, order the person to pay all or part of the expenses incurred by the Ministry with respect to the seizure, storage or disposition of any thing seized in connection with the offence. 1998, c. 35, s. 99. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 99 - 01/02/1999

47 (1) Where a person is in default of payment of a fine imposed upon conviction for an offence against this Act, the Environmental Protection Act, the Nutrient Management Act, 2002, the Ontario Water Resources Act, the Safe Drinking Water Act, 2002, the Toxics Reduction Act, 2009 or the regulations made under any of them, on the application of the Director, an order may be made under subsection 69 (2) of the Provincial Offences Act directing that, (a) one or more of the person’s licences be suspended; and (b) no permit be issued to the person,

until the fine is paid. R.S.O. 1990, c. P.11, s. 47 (1); 2002, c. 4, s. 66 (4); 2009, c. 19, s. 71 (9); 2017, c. 20, Sched. 5, s. 2 (30). Duty of Director (2) The Director shall, (a) on being informed of an outstanding order referred to in subsection (1), suspend the person’s licence, if it is not already suspended under another order referred to in subsection (1); and (b) on being informed that the fine and any applicable prescribed administrative fee for the reinstatement of the licence are paid, reinstate the licence, unless the Director has been informed that, (i) there is another outstanding order referred to in subsection (1) directing that the licence be suspended, or (ii) the licence is suspended under any other order or under another statute. R.S.O. 1990, c. P.11, s. 47 (2). Regulations (3) The Lieutenant Governor in Council may make regulations prescribing forms and procedures …

48 (1) Proceedings for an offence under this Act or the regulations shall not be commenced later than two years after the later of, (a) the day on which the offence was committed; and (b) the day on which evidence of the offence first came to the attention of a provincial officer or Director. 2009, c. 33, Sched. 15, s. 9 (7). Same (2) Clause (1) (b) does not apply in respect of offences committed before the day this section comes into force. 2009, c. 33, Sched. 15, s. 9 (7). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 15, s. 9 (7) - 15/12/2009

49 (1) Every director or officer of a corporation that engages in an activity that may cause an effect mentioned in subsection (3) contrary to this Act or the regulations has a duty to take all reasonable care to prevent the corporation from causing or permitting such unlawful effect. Offence (2) Every person who has a duty under subsection (1) and who fails to carry out that duty is guilty of an offence. Effects (3) The effect referred to in subsection (1) is any one or more of, (a) impairment of the quality of the environment for any use that can be made of it; (b) injury or damage to property or 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; or (f) directly or indirectly rendering any property or plant or animal life unfit for human use, from a pesticide or any substanc…

50 (1) In this section, “commercial motor vehicle” and “motor vehicle” have the same meanings as in the Highway Traffic Act; (“véhicule utilitaire”, “véhicule automobile”) “offence notice or summons” means, (a) an offence notice or summons under Part I of the Provincial Offences Act, or (b) a summons under Part III of the Provincial Offences Act. (“avis d’infraction ou assignation”) R.S.O. 1990, c. P.11, s. 50 (1); 1998, c. 35, s. 100 (1). Service of offence notice or summons (2) Delivery of an offence notice or summons to the operator of a commercial motor vehicle in respect of an offence under this Act related to the use of the vehicle shall be deemed to be personal service of the offence notice or summons on the owner or lessee of the vehicle who is named in the offence notice or summons. R.S.O. 1990, c. P.11, s. 50 (2). Employer (3) Delivery of an offence notice or summons to the ope…

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

51 (1) In this section, “official document” means, (a) an approval, certificate, consent, licence, notice, permit, order or return under this Act or the regulations, (b) a certificate as to service of a document mentioned in clause (a), (c) a certificate or report as to the analysis, description, ingredients, quality, quantity or temperature of any solid, liquid or gas or any combination of any of them, (d) a certificate or report as to the analysis, description, quality or quantity of any odour, heat, sound, vibration, radiation or any combination of any of them, (e) a certificate or report as to the custody of any solid, liquid or gas or any combination of any of them, (f) a certificate as to the custody of any book, record or report or as to the custody of any other document, or (g) a certificate as to whether or not any document or notification was received or issued by the Minister …

51.1 Section Amendments with date in force (d/m/y) 1998, c. 35, s. 102 - no effect - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2001

52 (1) Where any provision of this Act or the regulations or any direction, order, licence or permit made, served, delivered or issued by the Minister or the Director under this Act is contravened, despite any other remedy or any penalty imposed, the Minister may apply to a judge of the Superior Court of Justice for an order prohibiting the continuation or repetition of the contravention or the carrying on of any activity specified in the order that, in the opinion of the court, will or will likely result in the continuation or repetition of the contravention by the person committing the contravention, and the judge may make the order and it may be enforced in the same manner as any other order or judgment of the Superior Court of Justice. R.S.O. 1990, c. P.11, s. 52 (1); 2001, c. 9, Sched. G, s. 7 (17). Appeal (2) An appeal lies to the Divisional Court from an order made under subsectio…

52.1 The Director may rescind or amend a control order, cancel a permit or alter a term or condition in a permit if the Director is satisfied that the rescission, amendment, cancellation or alteration is in the public interest and is desirable for administrative reasons to, (a) reflect changes that have occurred with respect to the identity or description of any person or place; or (b) eliminate provisions that are spent or obsolete. 2001, c. 9, Sched. G, s. 7 (16). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. G, s. 7 (16) - 29/06/2001

53 Where a conflict appears between this Act or the regulations and any other Act or regulation in a matter related to pesticides and the control of pests, this Act or the regulations shall prevail. R.S.O. 1990, c. P.11, s. 53. ______________