Bill 24, Environmental Protection Statute Law Amendment Act, 1995

Versions

Environmental Protection Statute Law Amendment Act, 1995

EXPLANATORY NOTE

The Bill amends the Environmental Protection Act (the "E.P.A."), the Ontario Water Resources Act (the "O.W.R.A.") and the Pesticides Act to combat the illegal depositing of waste. Specific amendments are made to the E.P.A., and all three statutes are amended to facilitate enforcement and increase penalties.

Provisions of the E.P.A. that deal with the depositing of waste and with orders for waste removal are broadened, and a power to make restitution orders is added. Provisions that allow the seizure and suspension or detention of vehicle permits and plates are expanded. The category of documents that may be used as evidence is also broadened. (Sections 1 to 5 and 9 of the Bill; sections 40, 43, 43.1, 48, 49, 50 and 175 of the E.P.A.)

All three statutes are amended as follows:

1. To allow provincial officers to make enforcement orders and to seize vehicles or other things used in the commission of offences. (Sections 6, 7, 8, 14, 15, 16, 21, 22 and 23 of the Bill; sections 55.1, 161.1 and 162 of the E.P.A., sections 16.1, 19.1 and 21 of the O.W.R.A. and sections 22.1, 24 and 26.1 of the Pesticides Act.)

2. To allow courts to order the forfeiture of vehicles or other things used in the commission of offences. (Sections 6, 14 and 23 of Bill; section 55.2 of the E.P.A., section 16.2 of the O.W.R.A. and section 26.2 of the Pesticides Act.)

3. To facilitate the service of summonses against corporations under Part III of the Provincial Offences Act. (Sections 10, 17 and 25 of Bill; section 181 of the E.P.A., section 90 of the O.W.R.A. and section 50 of the Pesticides Act.)

4. To prohibit the keeping of false records and the refusal to furnish required information. (Sections 11, 18 and 20 of Bill; section 184 of the E.P.A., section 98 of the O.W.R.A. and section 17 of the Pesticides Act.)

5. To increase penalties for certain offences. (Sections 12, 13, 19 and 24 of Bill; sections 187 and 193 of the E.P.A., section 109 of the O.W.R.A. and section 45 of the Pesticides Act.)

Bill1995

An Act to amend the Environmental

Protection Act, the Ontario Water Resources

Act and the Pesticides Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

ENVIRONMENTAL PROTECTION ACT

1. Section 40 of the Environmental Protection Act is repealed and the following substituted:

Prohibition, deposit of waste

40. (1) No person shall deposit waste, or cause or permit waste to be deposited, upon, in, into or through any land or land covered by water or in any building, except as provided in subsection (2).

Exception, waste disposal site

(2) The prohibition set out in subsection (1) does not apply in respect of land, land covered by water or a building if,

(a) the land or building is a waste disposal site for which a certificate of approval or a provisional certificate of approval has been issued; and

(b) the waste is deposited in accordance with the terms and conditions of the certificate.

2. Section 43 of the Act is repealed and the following substituted:

Waste removal order

43. (1) If waste has been deposited upon, in, into or through any land or land covered by water or in any building that has not been approved as a waste disposal site, the Director may make a waste removal order against any of the following persons:

1. An owner, occupant, previous owner or previous occupant of the land or building.

2. A person who has or had charge and control of the land or building.

3. A person whom the Director reasonably believes to have deposited the waste or caused or permitted it to be deposited.

Same

(2) A waste removal order requires the person against whom it is made to remove the waste and restore the site to a condition satisfactory to the Director.

Restitution order

43.1 (1) If a person described in paragraph 1 or 2 of subsection 43 (1) (including a municipality) removes the waste and restores the site to a condition satisfactory to the Director, the Director may make a restitution order against any person described in paragraph 3 of that subsection and against whom a waste removal order relating to the site was or could have been made.

Same

(2) A restitution order requires the person against whom it is made to pay to the person who removed the waste and restored the site the reasonable cost of the removal and restoration, within the time set out in the order.

Use of deposit or surety bond

(3) If the person against whom a restitution order is made has made a deposit or furnished a surety bond under section 35, the Director may order that the deposit or bond be used to satisfy all or part of the restitution order.

Appeal

(4) An appeal of a restitution order under section 140 stays the operation of the order, unless the Board orders otherwise.

Enforcement

(5) A restitution order may be filed in the Ontario Court (General Division), and on filing it shall be deemed to be an order of the court and is enforceable as such.

Interest

(6) For the purposes of section 129 of the Courts of Justice Act, the date of filing shall be deemed to be the date of the order.

3. (1) Subsection 48 (1) of the Act is amended,

(a) by striking out "sections 49 to 55" and substituting "sections 49 to 55.1"; and

(b) by striking out the definition of "hauled liquid industrial waste or hazardous waste".

(2) Subsection 48 (2) of the Act is repealed and the following substituted:

Seizure of permit and number plates

(2) A police officer or a provincial officer may seize the permit and the number plates for a vehicle where he or she is of the opinion, on reasonable and probable grounds,

(a) that the vehicle was used or is being used in the commission of an offence under this Part or under a regulation relating to this Part; and

(b) that the seizure is necessary to prevent the continuation or repetition of the offence.

4. (1) Subsection 49 (1) of the Act is repealed and the following substituted:

Suspension of permit and detention of number plates

(1) When a person is convicted of an offence under this Part or under a regulation relating to this Part, the court may order the suspension of the permit and the detention of the number plates for any vehicle that the court is satisfied was used in the commission of the offence, if the court is satisfied that the suspension and detention are necessary to prevent the repetition of the offence.

(2) Clause 49 (9) (b) of the Act is repealed and the following substituted:

(b) of satisfying the court that it is not necessary to issue an order under this section in order to prevent the repetition of the offence; or

. . . . .

5. Clause 50 (1) (a) of the Act is repealed and the following substituted:

(a) a person is convicted of an offence under this Part or under a regulation relating to this Part; and

. . . . .

6. Part V of the Act is amended by adding the following sections:

Order of provincial officer

55.1 (1) A provincial officer may make an order against a person whom the provincial officer reasonably believes to have contravened or to be contravening,

(a) this Part or a regulation relating to this Part;

(b) an order made under this Part; or

(c) a term or condition of a certificate of approval, provisional certificate of approval, licence or permit under this Part.

Same

(2) The order may require the person to do one or more of the following:

1. Take action to achieve compliance with this Part, the regulation, the order, or the term or condition, as the case may be.

2. Take action to prevent the continuation or repetition of the contravention.

3. Take action to remove waste deposited in contravention of this Part and to restore the site to a condition satisfactory to the Director.

4. Take action to submit a compliance plan or approval application under this Part.

5. Post the order prominently at a specified location.

Form and content of order

(3) The order shall,

(a) be in writing;

(b) refer to the provision, order, term or condition that the provincial officer believes has been or is being contravened;

(c) include a brief statement of the evidence for the provincial officer's belief that the person has contravened or is contravening the provision, order, term or condition; and

(d) state that an appeal is available under subsection (4).

Appeal

(4) The person may, within 15 days after being served with the order, appeal it to the Director by serving written notice on the Director and the provincial officer.

Same

(5) The Director shall, within 15 days of being served with the notice of appeal, consider the matter and revoke, confirm or amend the order.

Stay

(6) The notice of appeal may include a request for an immediate stay of the order; in that case, the Director shall deal with the request within 24 hours of being served with the notice of appeal, and may deal with the remaining issues later in accordance with subsection (5).

Forfeiture

55.2 (1) When a person has been convicted of a second or subsequent offence under this Part or under a regulation relating to this Part, the court may order that a vehicle or other thing that was seized under section 161.1 in connection with the offence be forfeited to the Crown.

Notice

(2) Subsection (1) does not apply unless the court is satisfied that the defendant (and the owner of the vehicle or other thing, if the defendant is not the owner) was notified, before the defendant entered a plea, that an order would be sought under this section.

Right to be added as party

(3) An owner who is given notice under subsection (2) is entitled to be added as a party to the proceeding for the purpose of,

(a) satisfying the court that the vehicle or other thing will not be further used in the commission of offences under this Part or under a regulation relating to this Part;

(b) making submissions to the court with respect to the issuance of an order under subsection (1).

7. The Act is amended by adding the following section:

Seizure

161.1 (1) A provincial officer may, without a warrant or court order, seize a vehicle or other thing if he or she reasonably believes,

(a) that the vehicle or other thing is being or has been used in the commission of an offence under Part V (Waste Management) or under a regulation relating to that Part; and

(b) that it is necessary to seize the vehicle or other thing to prevent the continuation or repetition of the offence.

Possession

(2) The provincial officer may remove the vehicle or other thing, or may detain it in the place where it is seized.

Notice of reason for seizure

(3) The provincial officer shall inform the person from whom the vehicle or other thing is seized of the reason for the seizure and shall give the person a receipt.

8. (1) Subsection 162 (1) of the Act is amended by striking out "during an inspection or search under section 160 or 161" in the second and third lines and substituting "under section 160, 161 or 161.1".

(2) Subsection 162 (2) of the Act is amended by striking out "during an inspection or search under section 160 or 161" in the fourth and fifth lines and substituting "under section 160, 161 or 161.1".

9. (1) Subsection 175 (1) of the Act is amended by adding the following clauses:

(e.1) a manifest under Regulation 347 of the Revised Regulations of Ontario, 1990;

(e.2) a record that is required to be kept as a condition of a certificate or provisional certificate of approval under Part V.

(2) Subsection 175 (2) of the Act is amended by striking out "clause (1) (c) or (d)" in the second and third lines and substituting "clause (1) (c), (d), (e.1) or (e.2)".

(3) Section 175 of the Act is amended by adding the following subsection:

Same

(4) An official document mentioned in clause (1) (e.1) or (e.2) that purports to be signed by a person shall be received in evidence in any proceeding against the person or his or her employer as proof, in the absence of evidence to the contrary, of the facts stated in the official document, without proof of the signature or position of the person appearing to have signed the official document.

10. (1) The definition of "offence notice or summons" in subsection 181 (1) of the Act is repealed and the following substituted:

"offence notice or summons" means,

(a) an offence notice or summons under Part I of the Provincial Offences Act,

(b) a summons under Part III of the Provincial Offences Act, if the defendant is a corporation. ("avis d'infraction ou assignation")

(2) Subsection 181 (4) of the Act is repealed.

11. Section 184 of the Act is repealed and the following substituted:

False information, refusal to give information

184. No person shall,

(a) knowingly give false information in an application, return or statement made to the Minister, a provincial officer or any employee of the Ministry in respect of any matter under this Act or the regulations;

(b) knowingly include false information in a record that is required to be kept by this Act or the regulations; or

(c) refuse to furnish the Minister, a provincial officer or any employee of the Ministry with information that is required to be furnished by this Act or the regulations.

12. (1) Subsections 187 (1) and (2) of the Act are repealed and the following substituted:

Additional penalties, certain offences

(1) Every corporation convicted of an offence referred to in subsection (4) is liable on conviction, for each day or part of a day on which the offence occurs or continues, to a fine of not less than $2,000 and not more than $200,000 on a first conviction, and not less than $4,000 and not more than $400,000 on each subsequent conviction, and not as provided in section 186.

Same

(2) Every person convicted of an offence referred to in subsection (4) is liable, in addition to or in substitution for the penalty set out in subsection 186 (5), to imprisonment for a term of not more than one year.

(2) Section 187 of the Act is amended by adding the following subsection:

Applicable offences

(4) Subsections (1) and (2) apply in respect of contraventions of,

(a) subsection 14 (1);

(b) subsection 40 (1);

(d) section 167; and

(e) section 184.

13. Clause 193 (1) (b) of the Act is amended by striking out "one year" in the second line and substituting "two years less a day".

ONTARIO WATER RESOURCES ACT

14. The Ontario Water Resources Act is amended by adding the following sections:

Order of provincial officer

16.1 (1) A provincial officer may make an order against a person whom the provincial officer reasonably believes to have contravened or to be contravening,

(a) this Act or a regulation made under this Act;

(b) an order made under this Act; or

Same

(2) The order may require the person to do one or more of the following:

1. Take action to achieve compliance with this Act, the regulation, the order, or the term or condition, as the case may be.

2. Take action to prevent the continuation or repetition of the contravention.

3. If the contravention relates to the deposit of waste, take action to remove it and to restore the site to a condition satisfactory to the Director.

4. Take action to submit an application for a licence, permit or approval under this Act.

5. Post the order prominently at a specified location.

Form and content of order

(3) The order shall,

(a) be in writing;

(b) refer to the provision, order, term or condition that the provincial officer believes has been or is being contravened;

(c) include a brief statement of the evidence for the provincial officer's belief that the person has contravened or is contravening the provision, order, term or condition; and

(d) state that an appeal is available under subsection (4).

Appeal

(4) The person may, within 15 days after being served with the order, appeal it to the Director by serving written notice on the Director and the provincial officer.

Same

(5) The Director shall, within 15 days of being served with the notice of appeal, consider the matter and revoke, confirm or amend the order.

Stay

Forfeiture

16.2 (1) When a person has been convicted of a second or subsequent offence under this Act, the court may order that a vehicle or other thing that was seized under section 19.1 in connection with the offence be forfeited to the Crown.

Notice

Right to be added as party

(3) An owner who is given notice under subsection (2) is entitled to be added as a party to the proceeding for the purpose of,

(a) satisfying the court that the vehicle or other thing will not be further used in the commission of offences under this Act;

(b) making submissions to the court with respect to the issuance of an order under subsection (1).

15. The Act is amended by adding the following section:

Seizure

19.1 (1) A provincial officer may, without a warrant or court order, seize a vehicle or other thing if he or she reasonably believes,

(a) that the vehicle or other thing is being or has been used in the commission of an offence under this Act or the regulations made under it; and

(b) that it is necessary to seize the vehicle or other thing to prevent the continuation or repetition of the offence.

Possession

(2) The provincial officer may remove the vehicle or other thing, or may detain it in the place where it is seized.

Notice of reason for seizure

(3) The provincial officer shall inform the person from whom the vehicle or other thing is seized of the reason for the seizure and shall give the person a receipt.

16. (1) Subsection 21 (1) of the Act is amended by striking out "during an inspection or search under section 19 or 20" in the second and third lines and substituting "under section 19, 19.1 or 20".

(2) Subsection 21 (2) of the Act is amended by striking out "during an inspection or search under section 19 or 20" in the fourth and fifth lines and substituting "under section 19, 19.1 or 20".

17. (1) The definition of "offence notice or summons" in subsection 90 (1) of the Act is repealed and the following substituted:

"offence notice or summons" means,

(a) an offence notice or summons under Part I of the Provincial Offences Act,

(b) a summons under Part III of the Provincial Offences Act, if the defendant is a corporation. ("avis d'infraction ou assignation")

(2) Subsection 90 (4) of the Act is repealed.

18. Section 98 of the Act, as amended by the Statutes of Ontario, 1993, chapter 23, section 73, is repealed and the following substituted:

False information, refusal to give information

98. No person shall,

(a) knowingly give false information in an application, return or statement made to the Minister, the Agency, a provincial officer or any employee of the Ministry or of the Agency in respect of any matter under this Act or the regulations;

(b) knowingly include false information in a record that is required to be kept by this Act or the regulations; or

(c) refuse to furnish the Minister, the Agency, a provincial officer or any employee of the Ministry or of the Agency with information that is required to be furnished by this Act or the regulations.

19. (1) Subsections 109 (1) and (2) of the Act are repealed and the following substituted:

Additional penalties, certain offences

Same

(2) Every person convicted of an offence referred to in subsection (4) is liable, in addition to or in substitution for the penalty set out in section 108, to imprisonment for a term of not more than two years less a day.

(2) Section 109 of the Act is amended by adding the following subsection:

Applicable offences

(4) Subsections (1) and (2) apply in respect of contraventions of,

(a) subsection 15 (9);

(b) subsection 30 (1);

(d) section 98.

PESTICIDES ACT

20. Subsections 17 (2) and (3) of the Pesticides Act are repealed and the following substituted:

False information, refusal to give information, obstruction

(2) No person who is responsible for a pesticide or for a substance or thing containing a pesticide or who assists such a person shall,

(b) knowingly include false information in a record that is required to be kept by this Act or the regulations;

(c) refuse to furnish the Minister, a provincial officer or any employee of the Ministry with information that is required to be furnished by this Act or the regulations; or

(d) hinder or obstruct a provincial officer in the lawful performance of his or her duties.

21. The Act is amended by adding the following section:

Seizure

22.1 (1) A provincial officer may, without a warrant or court order, seize a vehicle or other thing if he or she reasonably believes,

(a) that the vehicle or other thing is being or has been used in the commission of an offence under this Act or the regulations made under it; and

(b) that it is necessary to seize the vehicle or other thing to prevent the continuation or repetition of the offence.

Possession

(2) The provincial officer may remove the vehicle or other thing, or may detain it in the place where it is seized.

Notice of reason for seizure

(3) The provincial officer shall inform the person from whom the vehicle or other thing is seized of the reason for the seizure and shall give the person a receipt.

22. (1) Subsection 24 (1) of the Act is amended by striking out "during an inspection or search under section 22 or 23" in the second and third lines and substituting "under section 22, 22.1 or 23".

(2) Subsection 24 (2) of the Act is amended by striking out "during an inspection or search under section 22 or 23" in the fourth and fifth lines and substituting "under section 22, 22.1 or 23".

23. The Act is amended by adding the following sections:

Order of provincial officer

26.1 (1) A provincial officer may make an order against a person whom the provincial officer reasonably believes to have contravened or to be contravening,

(a) this Act or a regulation made under this Act;

(b) an order made under this Act; or

Same

(2) The order may require the person to do one or more of the following:

1. Take action to achieve compliance with this Act, the regulation, the order, or the term or condition, as the case may be.

2. Take action to prevent the continuation or repetition of the contravention.

3. Take action to submit an application for a licence or permit.

4. Post the order prominently at a specified location.

Form and content of order

(3) The order shall,

(a) be in writing;

(b) refer to the provision, order, term or condition that the provincial officer believes has been or is being contravened;

(c) include a brief statement of the evidence for the provincial officer's belief that the person has contravened or is contravening the provision, order, term or condition; and

(d) state that an appeal is available under subsection (4).

Appeal

(4) The person may, within 15 days after being served with the order, appeal it to the Director by serving written notice on the Director and the provincial officer.

Same

(5) The Director shall, within 15 days of being served with the notice of appeal, consider the matter and revoke, confirm or amend the order.

Stay

Forfeiture

26.2 (1) When a person has been convicted of a second or subsequent offence under this Act, the court may order that a vehicle or other thing that was seized under section 22.1 in connection with the offence be forfeited to the Crown.

Notice

Right to be added as party

(3) An owner who is given notice under subsection (2) is entitled to be added as a party to the proceeding for the purpose of,

(a) satisfying the court that the vehicle or other thing will not be further used in the commission of offences under this Act or the regulations;

(b) making submissions to the court with respect to the issuance of an order under subsection (1).

24. (1) Subsections 45 (1) and (2) of the Act are repealed and the following substituted:

Additional penalties, certain offences

(1) Every person convicted of an offence referred to in subsection (3.1) is liable, in addition to or in substitution for the penalty set out in section 43, to imprisonment for a term of not more than one year.

Same

(2) Every corporation convicted of an offence referred to in subsection (3.1) is liable on conviction, for each day or part of a day on which the offence occurs or continues, to a fine of not less than $2,000 and not more than $200,000 on a first conviction, and not less than $4,000 and not more than $400,000 on each subsequent conviction.

(2) Section 45 of the Act is amended by adding the following subsection:

Applicable offences

(3.1) Subsections (1) and (2) apply in respect of contraventions of,

(a) section 4;

(b) subsection 17 (2);

(d) section 40.

25. (1) The definition of "offence notice or summons" in subsection 50 (1) of the Act is repealed and the following substituted:

"offence notice or summons" means,

(a) an offence notice or summons under Part I of the Provincial Offences Act,

(b) a summons under Part III of the Provincial Offences Act, if the defendant is a corporation. ("avis d'infraction ou assignation")

(2) Subsection 50 (4) of the Act is repealed.

Commencement

26. This Act comes into force on the day it receives Royal Assent.

Short title

27. The short title of this Act is the Environmental Protection Statute Law Amendment Act, 1995.