[36] Bill 176 Original (PDF)
Bill 176 1997
An Act to provide for the protection of the marine environment of Lake Ontario in the area of Metropolitan Toronto
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: Definitions
1. In this Act,
"adverse effect" means one or more of,
(a) impairment of the quality of the water or the bed of Lake Ontario, or a part or a combination of them,
(b) injury or damage to property or to plant or animal life, and
(c) harm to any person or impairment of the health or safety of any person; ("consquence prjudiciable")
"Director" means the Director under the Environmental Protection Act\; ("directeur")
"Metropolitan Toronto Marine Environment Protection Zone" means,
(a) the land covered by Lake Ontario up to a depth of 65 metres from the shoreline that runs from the western edge of Humber Bay in the west to Highland Creek in the east, and
(b) such other land covered by Lake Ontario as the Lieutenant Governor in Council designates. ("zone de protection de l'environnement marin de l'agglomration urbaine de Toronto") Minister
2. The Minister of the Environment and Energy is responsible for the administration of this Act unless the Lieutenant Governor in Council orders otherwise under the Executive Council Act. Prohibitions
3. (1) Despite any other Act, no person shall,
(a) discharge into the Metropolitan Toronto Marine Environment Protection Zone any contaminant that may have an adverse effect in the Zone;
(b) erect any structure in the Zone after the day this Act comes into force that may have an adverse effect in the Zone; or
(c) carry on any other activity in the Zone that may have an adverse effect in the Zone. Exception
(2) Despite subsection (1), a person may carry on an activity in the Metropolitan Toronto Marine Environment Protection Zone that may have an adverse effect in the Zone if,
(a) the activity is reasonably required in connection with operating facilities for purposes including navigation and water treatment that are essential for the health or safety of persons who reside, carry on business or are employed in municipalities that are adjacent to the Zone;
(b) the Director has issued a certificate of approval for the activity; and
(c) the person carries on the activity in accordance with the conditions, if any, specified in the certificate. Powers of Director
(3) If the Director believes, on reasonable and probable grounds, that doing so may prevent or alleviate an adverse effect in the Metropolitan Toronto Marine Environment Protection Zone, the Director may,
(a) refuse to issue a certificate of approval;
(b) issue a certificate of approval on the terms that the Director consider necessary;
(c) alter any of the terms in a certificate of approval;
(d) impose new terms in a certificate of approval; or
(e) revoke or suspend a certificate of approval. Not statutory power of decision
(4) The Statutory Powers Procedure Act does not apply to the exercise of the Director's powers under subsection (3). Offences
4. (1) Every person is guilty of an offence who contravenes or fails to comply with subsection 3 (1) or a term of a certificate of approval issued under subsection 3 (2). Directors, officers
(2) It is an offence for a director or officer of a corporation to cause, authorize, permit, or participate or acquiesce in the commission by the corporation of an offence mentioned in subsection (1). Penalty
(3) A person convicted of an offence under this section is liable to,
(a) a fine of not more than $50,000 or to imprisonment for a term of not more than one year, if the person is not a corporation; or
(b) a fine of not more than $50,000, if the person is a corporation. Regulations
5. The Lieutenant Governor in Council may make regulations,
(a) designating land covered by Lake Ontario for the purpose of clause (b) of the definition of Metropolitan Toronto Marine Environment Protection Zone in section 1;
(b) respecting any matter necessary or advisable to carry out effectively the intent and purpose of this Act. Commencement
6. This Act comes into force on the day it receives Royal Assent. Short title
7. The short title of this Act is the Metropolitan Toronto Marine Environment Protection Zone Act, 1997.