[36] Bill 82 Original (PDF)

B082_E

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Bill 82 1998

An Act to strengthen environmental protection and enforcement

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

PART I

ENVIRONMENTAL PROTECTION ACT

1. Subsection 1 (1) of the Environmental Protection Act, as amended by the Statutes of Ontario, 1992, chapter 1, section 22, is further amended by adding the following definition:

"

justice" means a provincial judge or a justice of the peace. ("juge")

2. Section 5 of the Act is amended by adding the following subsections:

Provincial officers

(4) A provincial officer is a peace officer for the purpose of enforcing this Act.

Investigation and prosecution

(5) 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.

3. Subsection 22 (3) of the Act is repealed and the following substituted:

Repair or replacement of system or device

(3) Where a manufacturer installs on, attaches to or incorporates in any motor or motor vehicle, a system or device to prevent or lessen the discharge of any contaminant, no person shall remove or cause or permit the removal of the system or device from the motor or motor vehicle, except as permitted by subsection (4).

Same

(4) A person may repair the system or device or replace the system or device by a system or device of the same type or of a type prescribed by the regulations.

4. Section 40 of the Act is repealed and the following substituted:

Prohibition as to deposit of waste

40. No person shall deposit, or cause, permit or arrange for the deposit of, waste upon, in, into or through any land or land covered by water or in any building that is not a waste disposal site for which a certificate of approval or a provisional certificate of approval has been issued and except in accordance with the terms and conditions of the certificate.

5. Section 41 of the Act is repealed and the following substituted:

Prohibition as to use of facilities, etc.

41. No person shall use, or cause, permit or arrange for the use of, any facilities or equipment for the storage, handling, treatment, collection, transportation, processing or disposal of waste that is not part of a waste management system for which a certificate of approval or a provisional certificate of approval has been issued and except in accordance with the terms and conditions of the certificate.

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 Section 43 of the Act is repealed and the following substituted:

Order for removal of waste

43. Where waste has been deposited upon, in, into or through any land or land covered by water or in any building that has not been approved as a waste disposal site, the Director may issue an order to remove the waste and to restore the site to a condition satisfactory to the Director to,

(a) an owner or previous owner or a person who otherwise has or had charge and control of the land or building or waste;

(b) an occupant or previous occupant of the land or building; or

(c) a person that the Director reasonably believes engaged in an activity prohibited by section 40 or 41 that resulted in the deposit of the waste.

7. The heading preceding section 48 of the Act is repealed and the following substituted:

PART V.1

VEHICLE PERMITS AND NUMBER PLATES

8. (1) The definition of "hauled liquid industrial waste or hazardous waste" in subsection 48 (1) of the Act is repealed.

(2) The definition of "offence" in subsection 48 (1) of the Act is repealed and the following substituted:

"

offence" means offence under this Act, the Ontario Water Resources Act or the Pesticides Act. ("infraction")

(3) 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 reasonably believes that the vehicle was used or is being used in connection with the commission of an offence and the seizure is necessary to prevent the continuation or repetition of the offence.

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

Suspension of permit and detention of number plates

(1) Where a person is convicted of an offence, 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 connection with the commission of the offence.

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

Right to be added as a party

(9) A person given notice under subsection (8) has the right to be added as a party to the proceeding in respect of the offence for one or both of the following purposes:

1. Satisfying the court that the vehicle was not used in connection with the commission of the offence.

2. Making submissions to the court with respect to the issuance of an order under this section.

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

(a) a person is convicted of an offence; and

. . . . .

(2) Subclause 50 (1) (b) (i) of the Act is amended by inserting "connection with" after "used in" in the second line.

(3) Subclause 50 (1) (b) (ii) of the Act is repealed and the following substituted:

(ii) that the person to whom the permit and the number plates were issued was notified that a penalty would be sought under section 49,

. . . . .

11. (1) Clause 52 (2) (a) of the Act is amended by inserting "to the Registrar" after "notice" in the first line.

(2) Subsection 52 (2) of the Act is amended by adding the following clause:

(h) except where the permit and number plates are in the custody of the Registrar under a court order, a provincial officer has given notice to the Registrar that the suspension of the permit and number plates is no longer necessary to prevent the continuation or repetition of the offence.

12. Subsection 55 (1) of the Act is repealed and the following substituted:

Substituted service

(1) On application without notice, a justice who is satisfied that reasonable efforts have been made without success to give a notice, in accordance with section 182, under section 48 or 49, or that such reasonable efforts would not be successful, may order substituted service of the notice in such manner as the justice may direct.

13. (1) Subsections 149 (1), (2), (3) and (4) of the Act are repealed and the following substituted:

Entry without judicial order

(1) A person who is responsible for doing a thing under section 146, 147 or 148 may, for the purpose, enter on or into any land or place on or in which the thing is to be done and any adjacent land or place without an order if,

(a) the entry is made with the consent of an occupier or owner of the land or place; or

(b) the delay necessary to obtain an order under subsection (2) would result in,

(i) danger to the health or safety of any person,

(ii) impairment or serious risk of impairment of the quality of the natural environment for any use that can be made of it, or

(iii) injury or damage or serious risk of injury or damage to any property or to any plant or animal life.

Order authorizing entry

(2) A justice who is satisfied on evidence under oath that there is reasonable ground to believe that entry on land or into or on a place is necessary for the purpose of doing a thing under section 146, 147 or 148, may issue an order authorizing the person named in the order to make the entry and do the thing.

Execution and expiry of order

(3) An order issued under subsection (2) shall,

(a) specify the times, which may be 24 hours each day, during which the order may be carried out; and

(b) state when the order expires.

Renewal

(4) Before or after the order expires, a justice may renew the order, for such additional periods as the justice considers necessary.

(2) Subsection 149 (5) of the Act is amended by inserting "land or" after "to enter" in the second line.

(3) Subsection 149 (6) of the Act is amended by striking out "a warrant" in the first line and substituting "an order" and by striking out "the warrant" at the end and substituting "the order".

(4) Subsection 149 (7) of the Act is repealed and the following substituted:

Application without notice

(7) A justice may receive and consider an application for an order or renewal of an order under this section without notice to the owner or occupier of the land or place.

(5) Subsection 149 (8) of the Act is amended by inserting "land or" after "occupier of the" in the first and second lines.

14. (1) Subsection 156 (1) of the Act, as amended by the Statutes of Ontario, 1994, chapter 23, section 66, is repealed and the following substituted:

Inspection by provincial officer

(1) For the administration of this Act or the regulations, a provincial officer may, without a warrant or court order, at any reasonable time and with any reasonable assistance, make inspections, including,

(a) entering any part of the natural environment to ascertain the extent, if any, to which contaminants have caused an adverse effect, the causes for any adverse effect, and how any adverse effect may be prevented, eliminated or ameliorated and the natural environment restored;

(b) entering any place in which the provincial officer reasonably believes can be found any waste to which Part V applies, any ozone depleting substance, as defined in section 56, or any other thing the dealing with which is governed or regulated under this Act;

(c) entering any place in or from which the provincial officer reasonably believes a contaminant is being, has been or may be discharged into the natural environment;

(d) 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, approval, certificate of approval, provisional certificate of approval, program approval, agreement, or order under this Act,

(ii) an activity or undertaking that is exempted by a regulation from any requirement to have a permit, licence, certificate of approval or provisional certificate of approval under this Act and that is regulated by the provisions of the regulation, or

(iii) the discharge of a contaminant into the natural environment;

(e) entering any place that the provincial officer reasonably believes,

(i) is, or is required to be, subject to or referred to in a permit, licence, approval, certificate of approval, provisional certificate of approval, program approval, agreement, or order under this Act, or

(ii) is subject to or referred to in a regulation that provides for an exemption from any requirement to have a permit, licence, certificate of approval or provisional certificate of approval under this Act, where the regulation includes provisions that regulate the place;

(f) entering any place where a motor, motor vehicle or beverage container regulated under this Act is stocked, displayed, sold or offered for sale, to carry out his or her duties under Part III or IX, as the case may be;

(g) entering any establishment for the repair of motors or motor vehicles, to carry out his or her duties under Part III;

(h) entering any ice shelter to carry out his or her duties under Part IV;

(i) entering any abandoned motor vehicle to carry out his or her duties under Part VII;

(j) entering any place where the provincial officer reasonably believes the permit and plates of a vehicle may be found, in order to seize them in accordance with section 48 or 49; and

(k) where a pollutant as defined in Part X is spilled and is likely to cause an adverse effect, entering any place for the purpose of carrying out any duty imposed or order or direction made or given under that Part.

(2) Subsections 156 (2) and (3) of the Act are repealed and the following substituted:

Same

(2) During an inspection under subsection (1), the provincial officer may,

(a) make necessary excavations;

(b) require that any thing be operated, used or set in motion under conditions specified by the provincial officer;

(c) take samples for analysis;

(d) conduct tests or take measurements;

(e) examine, record or copy any document or data, in any form, by any method;

(f) record the condition of a place or the natural environment by means of photograph, video recording or other visual recording;

(g) 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 purposes of the inspection;

(h) remove from a place documents or data, in any form, produced under clause (g) for the purpose of making copies; and

(i) make reasonable inquiries of any person, orally or in writing.

Limitation re records

(3) A record made under clause (2) (f) must be made in a manner that does not intercept any private communication and that accords with reasonable expectations of privacy.

Limitation re removal of documents, data

(3.1) A provincial officer shall not remove documents or data under clause (2) (h) without giving a receipt for them and shall promptly return the documents or data to the person who produced them.

(3) Subsection 156 (4) of the Act is amended by striking out "clause (1) (t)" in the second line and substituting "clause (2) (i)".

(4) Subsection 156 (6) of the Act is repealed.

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

Definition

156.1 (1) In this section,

"

vehicle" includes a trailer or other equipment attached to the vehicle.

Requirement to stop

(2) For the administration of this Act or the regulations, a provincial officer may signal a vehicle or vessel to stop.

Same

(3) On the provincial officer's signal to stop, the operator of the vehicle or vessel shall immediately come to a safe stop.

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.

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 vicinity of the sign, the operator of a vehicle or vessel that passes the sign and that falls within the class of vehicles or vessels indicated shall report forthwith to the place the sign directs.

Same

(6) Where the operator of a vehicle or vessel stops under subsection (3) or reports under subsection (5), the provincial officer may make any reasonable inquiries of the operator and the operator shall produce for inspection any documents related to the operation or ownership of the vehicle or vessel, including licenses, permits and any documents that are required to be kept by the law of any jurisdiction in relation to the carriage of any cargo or container.

Inspection powers

(7) Based on questioning or examination of documents conducted under subsection (6), the provincial officer may, without warrant or court order, inspect any means of containment that the provincial officer reasonably believes is being used for the handling or transportation of a thing the handling or transportation of which is governed or regulated under this Act, the Dangerous Goods Transportation Act or the Transportation of Dangerous Goods Act, 1992, (Canada).

Same

(8) As part of an inspection under subsection (7), the provincial officer may open or require the operator to open any cargo hold, container or other means of containment.

Same

(9) During an inspection conducted under subsection (6) or (7), the provincial officer may exercise such powers under subsection 156 (2) as are reasonably required for the administration of this Act or the regulations.

Same

(10) Subsections 156 (3), (3.1), (4) and (5) apply to the exercise of a power under subsection (9).

Power to administer other statutes

156.2 A provincial officer who exercises any power set out in section 156, 156.1, 160, 161 or 161.1 may, if the provincial officer is designated as such under the Ontario Water Resources Act or the Pesticides Act, as the case may be, do anything authorized by,

(a) section 15, 15.1, 19, 20 or 20.1 of the Ontario Water Resources Act\; or

(b) section 19, 19.1, 22, 23 or 23.1 of the Pesticides Act.

Identification

156.3 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.

Entry, etc., may be prohibited

156.4 (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 156, 156.1 or 158.

2. During a search under section 161.

3. During the time required for the provincial officer to obtain an order under section 158 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 prohibiting the use of, interference with, disruption of, or destruction of a thing, the thing will afford evidence of an offence under this Act; or

(c) in the case of an order prohibiting entry or an order prohibiting the use of, interference with, disruption of, or destruction of a thing, there is a discharge or a likelihood of discharge of a contaminant into the natural environment from the land, place or thing and an adverse effect has resulted or is likely to result from the discharge.

Notice of order

(3) The provincial officer shall give notice of the order in the manner that he or she considers appropriate in the circumstances.

Contents of notice

(4) Notice of the order shall include an explanation of the rights provided by subsections (6) and (7).

Order not effective where no notice

(5) An order under subsection (1) is not effective in any court proceeding against a person where the person satisfies the court that the person neither knew nor should have known of the order.

Request for rescission

(6) A person aggrieved by the order may make an oral or written request to the Director to rescind it and may make oral or written submissions to the Director in support of the request.

Powers of Director

(7) The Director shall give prompt consideration to any request or submissions made under subsection (6) and may rescind the order.

Same

(8) For the purposes of subsection (7), the Director may substitute his or her own opinion for that of the provincial officer.

Same

(9) A Director who rescinds an order under subsection (7) shall give such directions to a provincial officer as the Director considers appropriate to bring the rescission to the attention of persons affected.

No stay

(10) A request for rescission of an order under subsection (1) does not stay the order, unless the Director orders otherwise in writing.

Duration of order

(11) An order under subsection (1) shall,

(a) subject to clause (b), be effective for the shorter of the length of time necessary to complete the inspection or search referred to in that subsection or a period not exceeding two days excluding holidays; or

(b) where the inspection or search referred to in subsection (1) is under an order under section 158 of this Act or under a warrant issued under section 158 of the Provincial Offences Act and a time limit for the inspection or search is specified in the order or warrant, be effective until the expiration of that time.

Order of justice

156.5 (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.

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.

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.

Renewal

(4) An order under this section may be renewed for any reason set out in subsection (1), before or after expiry, for one or more periods each of which is not more than 30 days.

Notice of application

(5) An initial order under subsection (1) may be issued on application without notice.

Same

(6) A renewal order under subsection (4) may be issued on application made with such notice, if any, as is specified for the purpose under subsection (7).

Same

(7) In an order under subsection (1) or (4), a justice may specify notice requirements that must be met by a person applying for a renewal of the order or for a further renewal of the order, as the case may be.

Notice of order

(8) A provincial officer may give notice of an order under subsection (1) or (4) in the manner that he or she considers appropriate in the circumstances.

Order not effective where no notice

(9) An order under subsection (1) or (4) is not effective in any court proceeding against a person where the person satisfies the court that the person neither knew nor should have known of the order.

Securing of place, thing

156.6 Where an order under section 156.4 or 156.5 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.

16. Section 157 of the Act is repealed and the following substituted:

Order by provincial officer: contraventions

157. (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 under this Act; or

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

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 157.3.

What order may require

(3) The order may require the person to whom it is directed to comply with any directions set out in the order within the time specified relating to,

(a) achieving compliance with the provision, term or condition;

(b) preventing the continuation or repetition of the contravention;

(c) securing, whether through locks, gates, fences, security guards or other means, any land, place or thing;

(d) where the contravention is related to the deposit of waste, removing the waste;

(e) where the contravention has injured, damaged or endangered animal life, plant life, human health or safety, or the natural environment or is likely to injure, damage or endanger animal life, plant life, human health or safety, or the natural environment,

(i) repairing the injury or damage,

(ii) preventing the injury or damage,

(iii) decreasing, eliminating or ameliorating the effects of the damage, and

(iv) restoring the natural environment;

(f) where the contravention has caused damage to or endangered or is likely to cause damage to or endanger existing water supplies, providing alternate water supplies;

(g) submitting a plan for achieving compliance with the provision, term or condition, including the engagement of contractors or consultants satisfactory to a provincial officer;

(h) submitting an application for a certificate of approval, provisional certificate of approval, licence or permit;

(i) monitoring and recording in relation to the natural environment and reporting on the monitoring and recording; and

(j) posting notice of the order.

Order by provincial officer re preventive measures

157.1 (1) A provincial officer may issue an order to any person who owns or who has management or control of an undertaking or property where the provincial officer reasonably believes that,

(a) the circumstances in respect of the undertaking or property conform to those specified in clause 18 (2) (a); and

(b) the requirements specified in the order are necessary or advisable for the reasons specified in clause 18 (2) (b).

Information to be included in order

(2) The order shall,

(a) briefly describe the reasons for the order and the circumstances on which the reasons are based; and

(b) state that a review of the order may be requested in accordance with section 157.3.

What the order may require

(3) The order may require the person to whom it is directed to comply with any directions specified under subsection (4), within the time specified.

Same

(4) The following directions may be specified in the order:

1. Any direction listed in subsection 18 (1).

2. A direction to secure, by means of locks, gates, fences, security guards or other means, any land, place or thing.

Where order requires report

(5) Where the order requires a person to make a report, the report shall be made to a provincial officer.

Amendment or revocation of order

157.2 (1) An order issued under section 157 or 157.1 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.

Request for review

157.3 (1) A person to whom an order under section 157, 157.1 or 157.2 is directed may, within seven days after being served with a copy of the order, request that the Director review the order.

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.

Contents of request for review

(3) A written request for review under subsection (1) or a written confirmation of an oral request under subsection (2) shall include,

(a) the portions of the order in respect of which the review is requested;

(b) any submissions that the applicant for the review wishes the Director to consider; and

(c) for the purpose of subsection (7), an address for service by mail or by electronic facsimile transmission or by such other means of service as the regulations may prescribe.

No automatic stay

(4) The request for review does not stay the order, unless the Director orders otherwise in writing.

Decision of Director

(5) A Director who receives a request for review may,

(a) revoke the order of the provincial officer; or

(b) by order directed to the person requesting the review, confirm or alter the order of the provincial officer.

Same

(6) For the purposes of subsection (5), the Director may substitute his or her own opinion for that of the provincial officer.

Notice of decision

(7) The Director shall serve the person requesting the review with a copy of,

(a) a decision to revoke the order of the provincial officer; or

(b) an order to confirm or amend the order of the provincial officer, together with reasons.

Automatic confirmation of order

(8) If, within seven days of receiving a written request for review or a written confirmation of an oral request for review, the Director does not make a decision under subsection (5) and give oral or written notice of the decision to the person requesting the review, the order in respect of which the review is sought shall be deemed to have been confirmed by order of the Director.

Same

(9) For the purpose of an appeal to the Board, a confirming order deemed to have been made by the Director under subsection (8),

(a) shall be deemed to be directed to each person to whom the order of the provincial officer was directed; and

(b) shall be deemed to have been served, on each person to whom the order of the provincial officer was directed, at the expiry of the time period referred to in subsection (8).

17. Section 158 of the Act is repealed and the following substituted:

Entry or inspection order

158. (1) A justice may issue an order authorizing a provincial officer to do anything set out in subsection 156 (1) or (2) or section 156.1 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 156 (1) or (2) or section 156.1 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 156 (1) or (2) or section 156.1;

(c) there is reasonable ground to believe that a person may prevent a provincial officer from doing anything set out in subsection 156 (1) or (2) or section 156.1;

(d) it is impractical, because of the remoteness of the place to be inspected or because of any other reason, for the provincial officer to obtain an order under this section without delay if access is denied; or

(e) there is reasonable ground to believe that an attempt by the provincial officer to do anything set out in subsection 156 (1) or (2) or section 156.1 without the order,

(i) might not achieve its purpose, or

(ii) might endanger human health or safety, property or the natural environment.

Same

(2) Subsections 156 (3), (3.1), (4) and (5) apply to an inspection under an order under this section.

Expiry

(3) Unless renewed, an order under this section expires on the earlier of the day specified for the purpose in the order and the day that is 30 days after the date on which the order is made.

Renewal

(4) An order under this section may be renewed in the circumstances in which an order may be made under subsection (1), before or after expiry, for one or more periods each of which is not more than 30 days.

When to be executed

(5) An order under this section shall be carried out between 6 a.m. and 9 p.m., unless the order otherwise authorizes.

Application without notice

(6) An order under this section may be issued or renewed on application without notice.

18. Section 159 of the Act is amended by striking out "section 156" in the second line and substituting "section 156, 156.1".

19. Section 160 of the Act is repealed and the following substituted:

Seizure during inspection

160. During an inspection under section 156, 156.1 or 158, 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 contaminant into the natural environment and an adverse effect has resulted or is likely to result from the discharge.

20. Subsections 161 (3) and (4) of the Act are repealed and the following substituted:

Seizure during search

(3) During a search under subsection (2), a provincial officer may, without warrant or court order, seize any thing if,

(a) the provincial officer reasonably believes that the thing will afford evidence of an offence; or

(b) the provincial officer reasonably believes that the thing was used or is being used in connection with the commission of an offence and that the seizure is necessary to prevent the continuation or repetition of the offence.

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

Detention or removal

161.1 (1) A provincial officer who seizes any thing under section 160 or 161 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 160 or 161 as to the reason for the seizure and shall give the person a receipt for the thing seized.

22. Subsection 162 (1) of the Act is repealed and the following substituted:

Report to justice

(1) A provincial officer who seizes any thing during an inspection or search under section 160 or 161 shall bring the thing seized before a justice or, if that is not reasonably possible, shall report the seizure to a justice.

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

Disposition of certain things

162.1 (1) Where the Director believes that, given the nature of a thing seized under section 160 or 161, 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 160 or 161 believes that the thing will rot, spoil or otherwise perish, the person may dispose of the thing.

Non-application of provision

(3) Section 162 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.

Notice of disposal

162.2 (1) Where a thing has been disposed of in accordance with section 162.1, 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.

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 thing or of his or her delegate;

(e) a statement of the reason for the seizure and disposal;

(f) a reference to the statutory provision authorizing the seizure and disposal; and

(g) a reference to the statutory provision permitting the person to apply to the Ontario Court (General Division) for relief against the forfeiture.

Forfeiture may be ordered

162.3 (1) On the application of the Director, the Ontario Court (General Division) may order that a thing seized under section 160 or 161 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.

Where no order to be made

(2) No order shall be made under subsection (1) unless the court is satisfied that,

(a) the seizure was lawful; and

(b) no later than seven days before the hearing of the application, written notice was provided by a provincial officer,

(i) to every person whom the provincial officer knows or has reason to believe is an owner of the thing seized,

(ii) to every person who has a security interest in the thing that is perfected by registration under the Personal Property Security Act against the name of any person whom the provincial officer knows or has reason to believe is the owner,

(iii) where the thing seized is a vehicle, to every person who has a security interest in the vehicle that is perfected by registration under the Personal Property Security Act against the vehicle identification number of the vehicle, and

(iv) where the thing seized is a vehicle and the vehicle is registered under the Highway Traffic Act, to the registered owner.

Contents of notice

(3) Notice under subsection (2) 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;

(d) the name and telephone number of the provincial officer who seized the thing or of his or her delegate;

(e) a statement of the reason for the seizure;

(f) a reference to the statutory provision authorizing the seizure;

(g) a statement that an order for forfeiture of the thing is being sought under this section; and

(h) a statement that the person to whom the notice is provided may make submissions to the Ontario Court (General Division) with respect to the issuance of an order under this section.

Disposition of things forfeited

(4) A thing forfeited under this section may be disposed of as the Director directs.

Relief against forfeiture

(5) A person who had an interest in a thing forfeited under section 162.1 or this section may apply to the Ontario Court (General Division) for relief against the forfeiture and the court may make an order providing for any relief that it considers appropriate, including, but not limited to, one or more of the following orders:

1. An order directing that the thing or any part of the thing be returned to the applicant.

2. An order directing that any interest in the thing be vested in the applicant.

3. An order directing that an amount be paid by the Crown to the applicant by way of compensation for the forfeiture.

When relief not to be ordered

(6) The court shall not make an order for relief under subsection (5) in respect of a thing forfeited where the person applying for the relief,

(a) has been served with a notice under section 182.1 requiring the person to pay an administrative penalty in connection with a matter that was associated with the seizure of the thing, unless the requirement to pay the administrative penalty is rescinded under section 182.1; or

(b) has been charged with an offence that was associated with the seizure of the thing, unless the charge has been withdrawn or dismissed.

24. Section 163 of the Act is repealed and the following substituted:

Use of force

163. A provincial officer may use such force as is reasonably necessary,

(a) to carry out an order or direction issued under Part X;

(b) to carry out a court order issued under this Part;

(c) to execute a warrant issued under the Provincial Offences Act\; or

(d) to prevent the destruction of any thing that the provincial officer reasonably believes may afford evidence of an offence under this Act.

Definition of "device"

163.1 (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 communication.

Same

(4) No device, technique or procedure shall be used to intercept any private communication under an order issued under this section.

Terms and conditions of order

(5) An order issued under this section shall contain such terms and conditions as the justice considers advisable in the circumstances.

Activities under order

(6) An order issued under this section may authorize a provincial officer,

(a) to place, install, maintain or remove a device in or on any land, place or thing; and

(b) to monitor, or to have monitored, a device or information from a device placed or installed in or on any land, place or thing.

Duration of order

(7) An order issued under this section is valid for a period of 60 days or for such shorter period as may be specified in the order.

Further orders

(8) A justice may issue further orders under subsection (2).

25. Section 165 of the Act is repealed and the following substituted:

Condition

165. It is a condition of every licence, permit, certificate of approval or provisional certificate of approval under this Act that the holder must forthwith on request permit provincial officers to carry out inspections authorized by section 156, 156.1 or 158 of this Act, section 15, 15.1 or 17 of the Ontario Water Resources Act or section 19, 19.1 or 20 of the Pesticides Act of any place, other than any room actually used as a dwelling, to which the licence, permit, certificate of approval or provisional certificate of approval relates.

26. Subsections 166 (2) and (3) of the Act are repealed and the following substituted:

Stop and inspect powers: motor vehicle emissions

(2) For the purpose of ascertaining whether a system or device installed on, attached to or incorporated in any motor vehicle to prevent or lessen the discharge of any emission is operating in compliance with this Act and the regulations, a provincial officer or a police officer may stop and inspect the motor vehicle.

Same

(3) An inspection under subsection (2) shall be limited to what is reasonably required to ascertain whether the system or device is operating in compliance with this Act and the regulations.

Same

(4) In an inspection under subsection (2), the provincial officer or police officer may,

(a) require the driver of the motor vehicle to submit the motor vehicle to such tests at such places and times as the provincial officer or police officer considers reasonable;

(b) require the driver of the motor vehicle to produce any documents, including licenses and permits, related to the operation or ownership of the motor vehicle; and

(c) require the driver of the motor vehicle to operate, use or set in motion the vehicle or any part of the vehicle, under the conditions specified by the provincial officer or police officer.

Police assistance

(5) Where a provincial officer considers it necessary or expedient to do so, he or she may call for the assistance of any member of the Ontario Provincial Police Force or the police force in the area where the assistance is required for an inspection under subsection (2), and it is the duty of every member of a police force to render the assistance.

27. Section 167 of the Act is repealed.

28. Section 173 of the Act is repealed and the following substituted:

Agreement by municipality

173. A municipality may enter into an agreement with the Minister under clause 4 (1) (j) and a municipality that enters into such an agreement has all the powers necessary to carry out the agreement.

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

Electronic signature

174.1 (1) Despite any requirement under this Act, for the purposes of anything done under this Act, a document may be prepared and signed by electronic means in an electronic format and may be filed by direct electronic transmission, if the preparation, signature and filing are in accordance with the regulations.

Deemed filing

(2) A printed copy of a document filed under subsection (1) shall be deemed to have been filed as the original document if it is printed in accordance with the regulations.

30. Clause 175.1 (h) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 7, section 3, is repealed and the following substituted:

(h) prescribing documents or data required to be created, stored and submitted by any person and the methods of creating, storing and submitting the documents and data;

(h.1) prescribing the location at which documents or data must be created or stored;

(h.2) providing for the inspection and examination of documents and data;

(h.3) providing for the preparation and signing of documents by electronic means, the filing of documents by direct electronic transmission and the printing of documents filed by direct electronic transmission.

31. (1) Clause 176 (2) (d) of the Act is amended by inserting "or any by-product or product of combustion" after "contaminant" in the third line.

(2) Subsection 176 (2) of the Act, as amended by the Statutes of Ontario 1997, chapter 7, section 4, is further amended by adding the following clause:

(f) prescribing types of systems and types of devices for the purposes of subsections 22 (3) and (4).

(3) Section 176 of the Act, as amended by the Statutes of Ontario, 1992, chapter 1, section 34, 1997, chapter 7, section 4 and 1997, chapter 30, Schedule B, section 23, is further amended by adding the following subsection:

Regulations under clause (2) (d)

(2.1) A regulation under clause (2) (d) may prescribe standards of emission with reference to any criteria that the Lieutenant Governor in Council considers appropriate, including but not limited to standards prescribed with reference to the visibility or opacity of emissions.

32. (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, or

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

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

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

Service on municipal corporations

181.1 (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 personally to the sole proprietor or to a person apparently in charge of an office of the sole proprietorship.

Substituted service

(5) On application without notice, a justice, on being satisfied that service cannot be made effectively in accordance with subsections (1) to (4), may by order authorize another method of service that has a reasonable likelihood of coming to the attention of the municipal corporation, other corporation, partnership or sole proprietorship.

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

Director may impose administrative penalties

182.1 (1) Where the Director is of the opinion that a person,

(a) has contravened a provision of this Act or the regulations;

(b) has failed to comply with an order under this Act, other than an order under section 150;

(c) has failed to comply with a term or condition of a certificate of approval or of a provisional certificate of approval or of a licence or permit under this Act or failed to comply with the terms of a report under section 29; or

(d) who, being a director or officer of a corporation that engages in an activity that may result in the discharge of a contaminant into the natural environment contrary to this Act or the regulations, has failed to take all reasonable care to prevent the corporation from causing or permitting such unlawful discharge,

the Director may, subject to the regulations under subsection (12), issue a notice in writing requiring the person to pay an administrative penalty in the amount set out in the notice for each day or part of a day on which the contravention or failure occurred or continues.

Limitation

(2) The Director shall not issue a notice in respect of a contravention or failure later than two years after the later of,

(a) the day the contravention or failure occurred; and

(b) the day on which the evidence of the contravention or failure first came to the attention of the Director or a provincial officer.

Amount of penalty, limited

(3) An administrative penalty in respect of a contravention or failure shall not exceed $5,000 for each day or part of a day on which the contravention or failure occurs or continues.

Contents of notice

(4) A notice of an administrative penalty shall be served on the person who is required to pay the penalty and shall,

(a) contain a description of the contravention or failure to which the notice relates, including, where appropriate, the date and location of the contravention or failure;

(b) specify the amount of the penalty determined by the Director in accordance with the regulations under subsection (12);

(c) give particulars respecting the time for paying the penalty and the manner of payment; and

(d) provide information to the person as to the person's right to require a hearing of the matter by the Board.

Hearing may be required

(5) A person who is required by a notice to pay an administrative penalty may, within 15 days after service of the notice on the person, by a written notice served on the Director and the Board, require the Board 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.

Board's powers on hearing

(6) At a hearing by the Board of a matter to which a notice of an administrative penalty relates, the Board shall determine whether in the circumstances, the notice should be confirmed, rescinded or amended.

Same

(7) The Board shall not vary the amount of the penalty unless the Board considers the amount to be unreasonable.

Same

(8) For greater certainty, the regulations made under subsection (12) apply to the Board's decisions under subsections (6) and (7).

No offence to be charged if penalty is paid

(9) Where a person who is required by a notice by the Director or after a decision of the Board to pay an administrative penalty in respect of a contravention or failure pays the amount of the penalty in accordance with the notice or decision, the person shall not be charged with an offence in respect of the contravention or failure.

Failure to pay when required

(10) Where a person who is required to pay an administrative penalty in accordance with a notice by the Director fails to comply with the requirement and no hearing provided for under this section is pending in the matter or, after such hearing, fails to pay an administrative penalty in accordance with a decision of the Board,

(a) the notice or decision may be filed with a local registrar of the Ontario Court (General Division) and the notice or decision may be enforced as if it were an order of the court;

(b) the Director may by order suspend any certificate of approval, provisional certificate of approval, licence or permit that has been issued to the person under this Act until the administrative penalty is paid; and

(c) the Director may refuse to issue any certificate of approval, provisional certificate of approval, licence or permit to the person under this Act until the administrative penalty is paid.

Same

(11) Section 129 of the Courts of Justice Act applies in respect of a notice or decision filed with the Ontario Court (General Division) under subsection (10) and, for the purpose, the date on which the notice or decision is filed shall be deemed to be the date of the order.

Regulations

(12) The Lieutenant Governor in Council may make regulations,

(a) specifying the form and content of notices of administrative penalties;

(b) specifying the types of contraventions or failures in respect of which a notice may not be issued under this section and the circumstances when the Director shall not issue a notice under this section;

(c) governing the determination of the amounts of administrative penalties, including the criteria to be considered and including providing for different amounts depending on when an administrative penalty is paid;

(d) respecting any other matter necessary for the administration of a system of administrative penalties provided for by this section.

General or particular

(13) A regulation under subsection (12) may be general or particular in its application.

Application

(14) This section does not apply to contraventions or failures that occurred before this section came into force.

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

Obstruction

184. (1) No person shall hinder or obstruct any provincial officer or any employee or agent of the Ministry in the performance of his or her duties under this Act.

False information

(2) No person shall orally, in writing or electronically, give or submit false or misleading information in any statement, document or data, to any provincial officer, the Minister, the Ministry or any employee or agent of the Ministry in respect of any matter related to this Act or the regulations.

Same

(3) No person shall include false or misleading information in any document or data required to be created, stored or submitted under this Act.

Refusal to furnish information

(4) No person shall refuse to furnish any provincial officer, the Minister, the Ministry or any employee or agent of the Ministry with information required for the purposes of this Act and the regulations.

36. Subsections 186 (4), (5) and (6) of the Act are repealed and the following substituted:

Exception when order or program approval complied with

(4) Despite subsections (1), (2) and (3), a person to whom an order of the Minister, the Director or a provincial officer or a program approval of the Director is directed who complies fully with the order or approval shall not be prosecuted for or convicted of an offence in respect of the matter or matters dealt with in the order or approval that occurs during the period within which the order or program approval is applicable.

Same

(5) The protection from prosecution under subsection (4) does not include protection from the imposition of an administrative penalty under section 182.1.

37. Section 187 of the Act is repealed and the following substituted:

Penalty: individuals

187. (1) Every individual convicted of an offence under subsection 186 (1) or section 194 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.

Penalty: corporations

(2) Every corporation convicted of an offence under subsection 186 (1) 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.

Application of subss. (4) and (5)

(3) Subsections (4) and (5) apply to the following offences:

1. An offence under subsection 186 (1) that posed, poses or may pose a risk of an adverse effect.

2. An offence under subsection 186 (2), other than an offence of failing to comply with an order under section 8.

3. An offence of contravening section 184.

4. An offence under subsection 186 (3).

Penalty for certain offences: corporations

(4) Every corporation convicted of an offence described in subsection (3) is liable, in substitution for any penalty provided in subsection (2), 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.

Penalty for certain offences: individuals

(5) Every individual convicted of an offence described in subsection (3) is liable, in substitution for any penalty provided in subsection (1),

(a) for each day or part of a day on which the offence occurs or continues, to a fine of not more than $50,000 on a first conviction and not more than $100,000 on each subsequent conviction;

(b) to imprisonment for a term of not more than one year; or

(c) to both such fine and imprisonment.

Application of subss. (7) and (8)

(6) Subsections (7) and (8) apply to the following offences:

1. An offence under subsection 186 (1) that results in an adverse effect.

2. An offence under this Act in respect of hauled liquid industrial waste or hazardous waste as designated in the regulations relating to Part V of this Act, if the offence may result in an adverse effect.

3. An offence of failing to comply with an order under section 8.

Penalty for certain offences: corporations

(7) Where a corporation is convicted of an offence described in subsection (6), the corporation is liable, in substitution for any penalty elsewhere provided for the offence, for each day or part of a day on which the offence occurs or continues, to a fine of not more than $1,000,000 on a first conviction and not more than $2,000,000 on each subsequent conviction.

Penalty for certain offences: individuals

(8) Where an individual is convicted of an offence described in subsection (6), the individual is liable, in substitution for any penalty elsewhere provided for the offence,

(a) for each day or part of a day on which the offence occurs or continues, to a fine of not more than $100,000 on a first conviction and not more than $200,000 on each subsequent conviction;

(b) to imprisonment for a term of not more than two years less one day; or

(c) to both such fine and imprisonment.

38. Section 188 of the Act is repealed and the following substituted:

Subsequent conviction

188. For the purposes of determining the penalty to which a person is liable under section 187, a conviction of the person for an offence under this Act is a subsequent conviction if the person has previously been convicted of an offence under,

(a) this Act, other than for an offence related to Part IX;

(b) the Ontario Water Resources Act\; or

(c) the Pesticides Act.

39. (1) Subsection 190 (1) of the Act is repealed and the following substituted:

Order to prevent damage, etc.

(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, including but not limited to providing an alternate water supply, as the court directs 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;

(b) where the offence is in relation to a waste management system or waste disposal site, to take such action as is required to bring the system or site into conformity with Part V or the regulations within the time specified in the order; and

(c) 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.

(2) Subsection 190 (5) of the Act is repealed.

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

Restitution orders

190.1 (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.

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 property to the state that it was in before the damage.

Same

(3) For greater certainty, for the purposes of clause (2) (a), expenses incurred to provide an alternate water supply may be expenses incurred to prevent, eliminate or ameliorate damage.

Amount of order

(4) The amount of the order for restitution shall not exceed the replacement value of the property as of the date the order is issued.

No restitution to person who committed offence

(5) The court shall not make an order for restitution in favour of any person on account of damage that is the result of,

(a) the commission of an offence by the person; or

(b) a contravention or failure in respect of which a notice under section 182.1 has been served on the person requiring the person to pay an administrative penalty, unless the requirement to pay the administrative penalty has been rescinded.

Notification of order

(6) Where a court makes an order for restitution, it shall cause a copy of the order or a notice of the content of the order to be given to the person to whom the restitution is ordered to be paid.

Filing of order in court

(7) An order for restitution may be filed with a local registrar of the Ontario Court (General Division) and the responsibility for filing shall be on the person to whom the restitution is ordered to be paid.

Enforcement of order

(8) An order for restitution filed under subsection (7) may be enforced as if it were an order of the court.

Same

(9) Section 129 of the Courts of Justice Act applies in respect of an order for restitution filed under subsection (7) and, for the purpose, the date of filing shall be deemed to be the date of the order.

Civil remedy

(10) A civil remedy for an act or omission is not affected by reason only that an order for restitution under this section has been made in respect of that act or omission.

Forfeiture on conviction

190.2 (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 160 or 161 or under a warrant issued under the Provincial Offences Act, order that the thing be forfeited to the Crown.

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 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,

(iii) where the thing seized is a vehicle, to every person who has a security interest in the vehicle that is perfected by registration under the Personal Property Security Act against the vehicle identification number of the vehicle, and

(iv) where the thing seized is a vehicle and the vehicle is registered under the Highway Traffic Act, to the registered owner.

Contents of notice

(3) Notice under subsection (2) 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;

(d) the name and telephone number of the provincial officer who seized the thing or of his or her delegate;

(e) a statement of the reason for the seizure;

(f) a reference to the statutory provision authorizing the seizure;

(g) a statement that an order for forfeiture of the thing is being sought under this section; and

(h) a statement that the person to whom the notice is provided may make submissions to the court with respect to the issuance of an order under this section.

Disposition of things forfeited

(4) A thing forfeited under this section may be disposed of as the Director directs.

Relief against forfeiture

(5) A person who had an interest in a thing forfeited under this section may apply to the Ontario Court (General Division) for relief against the forfeiture and the court may make an order providing for any relief that it considers appropriate, including, but not limited to, one or more of the following orders:

1. An order directing that the thing or any part of the thing be returned to the applicant.

2. An order directing that any interest in the thing be vested in the applicant.

3. An order directing that an amount be paid by the Crown to the applicant by way of compensation for the forfeiture.

When relief not to be ordered

(6) The court shall not make an order for relief under subsection (5) in respect of a thing forfeited where the person applying for the relief,

(a) has been served with a notice under section 182.1 requiring the person to pay an administrative penalty in connection with a matter that was associated with the seizure of the thing, unless the requirement to pay the administrative penalty is rescinded under section 182.1; or

(b) has been charged with an offence that was associated with the seizure of the thing, unless the charge has been withdrawn or dismissed.

Where fine not paid

190.3 (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 162.1, 162.3 or 190.2 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. 190.2 (2) to (6)

(2) Subsections 190.2 (2) to (6) apply with necessary modifications in relation to an order under clause (1) (b).

Costs of seizure, etc.

190.4 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.

41. Subsection 191 (4) of the Act is repealed and the following substituted:

Definition

(4) In this section, "

licence" means a certificate of approval or provisional certificate of approval or a licence issued under this Act.

42. Section 193 of the Act is repealed.

43. (1) Subsection 197 (2) of the Act is amended by striking out "is signed by the Director" in the sixth line and substituting "is signed by a person who has authority to issue the prohibition".

(2) Subsection 197 (5) of the Act is amended by striking out "is signed by the Director" in the sixth line and substituting "is signed by a person who has authority to issue the prohibition".

PART II

ONTARIO WATER RESOURCES ACT

44. Section 1 of the Ontario Water Resources Act, as amended by the Statutes of Ontario, 1992, chapter 23, section 39 and 1993, chapter 23, section 73, is further amended by adding the following definitions:

"

justice" means a provincial judge or a justice of the peace; ("juge")

"

natural environment" has the same meaning as in the Environmental Protection Act. ("environnement naturel")

45. Section 5 of the Act, as amended by the Statutes of Ontario, 1993, chapter 23, section 73, is further amended by adding the following subsections:

Provincial officers

(4) A provincial officer is a peace officer for the purpose of enforcing this Act.

Investigation and prosecution

(5) 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.

46. Section 14 of the Act is repealed and the following substituted:

Right to lay and maintain pipes under roads

14. (1) The Agency, its employees and agents may, for the Agency's purposes, without consent and without compensation, lay, maintain, repair, alter or replace the pipes and appurtenances to them that the Agency considers necessary in, upon, through, over and under a highway or road under the jurisdiction and control of any public authority.

Right to use unopened road allowances

(2) The Agency, its employees and agents may use unopened road allowances to obtain access to water works and sewage works.

Appurtenances above surface

(3) The Agency, its employees and agents may, with the consent of the public authority having jurisdiction and control of the highway or road, including an unopened road allowance, leave appurtenances above the surface of the highway, road or unopened road allowance in locations agreed to by the authority.

Land, etc., to be restored

(4) Lands, buildings, highways or roads disturbed by the exercise of any of the powers mentioned in subsection (1), (2), or (3) shall be restored to their original condition, or as near to it as possible, without unnecessary delay.

47. Section 15 of the Act, as amended by the Statutes of Ontario, 1993, chapter 23, section 73, is repealed and the following substituted:

Inspection by provincial officer

15. (1) For the administration of this Act or the regulations, a provincial officer may, without a warrant or court order, at any reasonable time and with any reasonable assistance, make inspections, including,

(a) entering any part of the natural environment to ascertain the extent, if any, to which any material of any kind has impaired any waters, the causes of any impairment, and how any impairment may be prevented, eliminated or ameliorated and the waters and natural environment restored;

(b) entering any part of the natural environment to ascertain the quality or quantity of any waters;

(c) entering any place in or from which the provincial officer reasonably believes a material that may impair the quality of any waters is being, has been or may be discharged,

(i) into or in any waters,

(ii) onto any shore or bank of any waters, or

(iii) into any part of the natural environment;

(d) 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, approval, requirement, direction, report, notice, agreement or order under this Act,

(ii) an activity or undertaking that is exempted by a regulation from any requirement to have a permit, licence or approval under this Act and that is regulated by the provisions of the regulation, or

(iii) the discharge of a material of any kind that may impair the quality or quantity of any waters; and

(e) entering any place that the provincial officer reasonably believes,

(i) is, or is required to be, subject to or referred to in a permit, licence, approval, requirement, direction, report, notice, agreement or order under this Act, or

(ii) is subject to or referred to in a regulation that provides for an exemption from any requirement to have a permit, licence or approval under this Act, where the regulation includes provisions that regulate the place.

Same

(2) During an inspection under subsection (1), the provincial officer may,

(a) make necessary excavations;

(b) require that any thing be operated, used or set in motion under conditions specified by the provincial officer;

(c) take samples for analysis;

(d) conduct tests or take measurements;

(e) examine, record or copy any document or data, in any form, by any method;

(f) record the condition of a place or the natural environment by means of photograph, video recording or other visual recording;

(g) 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 purposes of the inspection;

(h) remove from a place documents or data, in any form, produced under clause (g) for the purpose of making copies; and

(i) make reasonable inquiries of any person, orally or in writing.

Limitation re photographs, recordings

(3) A record made under clause (2) (f) must be made in a manner that does not intercept any private communication and that accords with reasonable expectations of privacy.

Limitation re removal of documents, data

(4) A provincial officer shall not remove documents or data under clause (2) (h) without giving a receipt for them and shall promptly return the documents or data to the person who produced them.

Power to exclude persons

(5) A provincial officer who exercises the power set out in clause (2) (i) may exclude from the questioning any person except counsel for the individual being questioned.

Definition

15.1 (1) In this section,

"

vehicle" includes a trailer or other equipment attached to the vehicle.

Requirement to stop

(2) For the administration of this Act or the regulations, a provincial officer may signal a vehicle or vessel to stop.

Same

(3) On the provincial officer's signal to stop, the operator of the vehicle or vessel shall immediately come to a safe stop.

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.

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 vicinity of the sign, the operator of a vehicle or vessel that passes the sign and that falls within the class of vehicles or vessels indicated shall report forthwith to the place the sign directs.

Same

(6) Where the operator of a vehicle or vessel stops under subsection (3) or reports under subsection (5), the provincial officer may make any reasonable inquiries of the operator and the operator shall produce for inspection any documents related to the operation or ownership of the vehicle or vessel, including licenses, permits and any documents that are required to be kept by the law of any jurisdiction in relation to the carriage of any cargo or container.

Inspection powers

(7) Based on questioning or examination of documents conducted under subsection (6), the provincial officer may, without warrant or court order, inspect any means of containment that the provincial officer reasonably believes is being used for the handling or transportation of a thing the handling or transportation of which is governed or regulated under this Act.

Same

(8) As part of an inspection under subsection (7), the provincial officer may open or require the operator to open any cargo hold, container or other means of containment.

Same

(9) During an inspection conducted under subsection (6) or (7), the provincial officer may exercise such powers under subsection 15 (2) as are reasonably required for the administration of this Act or the regulations.

Same

(10) Subsections 15 (3), (4) and (5) apply to the exercise of a power under subsection (9).

Power to administer other statutes

15.2 A provincial officer who exercises any power set out in section 15, 15.1, 19, 20 or 20.1 may, if the provincial officer is designated as such under the Environmental Protection Act or the Pesticides Act, as the case may be, do anything authorized by,

(a) section 156, 156.1, 160, 161 or 161.1 of the Environmental Protection Act\; or

(b) section 19, 19.1, 22, 23 or 23.1 of the Pesticides Act.

Entry to dwellings

15.3 A person shall not exercise a power conferred by this Act to enter a room actually used as a dwelling without the consent of the occupier except under the authority of an order under section 17.

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

Identification

15.4 On request, a provincial officer who exercises a power under this Act shall identify himself or herself as a provincial officer either by the production of a copy of his or her designation or in some other manner and shall explain the purpose of the exercise of the power.

Entry, etc., may be prohibited

15.5 (1) A provincial officer may by order prohibit entry into all or part of any land or place or prohibit the use of, interference with, disruption of, or destruction of any thing in any of the following circumstances:

1. During an inspection under section 15, 15.1 or 17.

2. During a search under section 20.

3. During the time required for the provincial officer to obtain an order under section 17 of this Act or a warrant under section 158 of the Provincial Offences Act.

4. During a search carried out under a warrant issued under section 158 of the Provincial Offences Act.

Requirements for order

(2) An order under subsection (1) shall not be issued unless the provincial officer reasonably believes that,

(a) in the case of an order prohibiting entry, there is on the land or in the place a thing that will afford evidence of an offence under this Act;

(b) in the case of an order prohibiting the use of, interference with, disruption of, or destruction of a thing, the thing will afford evidence of an offence under this Act; or

(c) in the case of an order prohibiting entry or an order prohibiting the use of, interference with, disruption of, or destruction of a thing, there is a discharge or a likelihood of discharge of any material into the natural environment from the land, place or thing and an impairment of waters has resulted or may result from the discharge.

Notice of order

(3) The provincial officer shall give notice of the order in the manner that he or she considers appropriate in the circumstances.

Contents of notice

(4) Notice of the order shall include an explanation of the rights provided by subsections (6) and (7).

Order not effective where no notice

(5) An order under subsection (1) is not effective in any court proceeding against a person where the person satisfies the court that the person neither knew nor should have known of the order.

Request for rescission

(6) A person aggrieved by the order may make an oral or written request to the Director to rescind it and may make oral or written submissions to the Director in support of the request.

Powers of Director

(7) The Director shall give prompt consideration to any request or submissions made under subsection (6) and may rescind the order.

Same

(8) For the purposes of subsection (7), the Director may substitute his or her own opinion for that of the provincial officer.

Same

(9) A Director who rescinds an order under subsection (7) shall give such directions to a provincial officer as the Director considers appropriate to bring the rescission to the attention of persons affected.

No stay

(10) A request for rescission of an order under subsection (1) does not stay the order, unless the Director orders otherwise in writing.

Duration of order

(11) An order under subsection (1) shall,

(a) subject to clause (b), be effective for the shorter of the length of time necessary to complete the inspection or search referred to in that subsection or a period not exceeding two days excluding holidays; or

(b) where the inspection or search referred to in subsection (1) is under section 17 of this Act or under a warrant issued under section 158 of the Provincial Offences Act and a time limit for the inspection or search is specified in the order or warrant, be effective until the expiration of that time.

Order of justice

15.6 (1) Where a justice is satisfied, on evidence under oath by a provincial officer, that there is reasonable ground for believing that it is appropriate for the administration of this Act or the regulations or necessary to protect human health or safety or to protect property, the justice may issue an order prohibiting entry into all or part of any land or place or prohibiting the use of, interference with, disruption of, or destruction of any thing.

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.

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.

Renewal

(4) An order under this section may be renewed for any reason set out in subsection (1), before or after expiry, for one or more periods each of which is not more than 30 days.

Notice of application

(5) An initial order under subsection (1) may be issued on application without notice.

Same

(6) A renewal order under subsection (4) may be issued on application made with such notice, if any, as is specified for the purpose under subsection (7).

Same

(7) In an order under subsection (1) or (4), a justice may specify notice requirements that must be met by a person applying for a renewal of the order or for a further renewal of the order, as the case may be.

Notice of order

(8) A provincial officer may give notice of an order under subsection (1) or (4) in the manner that he or she considers appropriate in the circumstances.

Order not effective where no notice

(9) An order under subsection (1) or (4) is not effective in any court proceeding against a person where the person satisfies the court that the person neither knew nor should have known of the order.

Securing of place, thing

15.7 Where an order under section 15.5 or 15.6 is in effect, a provincial officer may take measures to secure the land, place or thing to which the order relates by means of locks, gates, fences, security guards or such other means as the provincial officer deems necessary to prevent entry into the land or place or to prevent the use of, interference with, disruption of, or destruction of the thing.

49. Section 16 of the Act is repealed and the following substituted:

Order by provincial officer: contraventions

16. (1) A provincial officer may issue an order to any person that the provincial officer reasonably believes is contravening or has contravened,

(a) a provision of this Act or the regulations;

(b) a provision of an order, notice, direction, requirement or report made under this Act; or

(c) a term or condition of a licence, permit or approval made under this Act.73.

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 16.4.

What order may require

(3) The order may require the person to whom it is directed to comply with any directions set out in the order within the time specified relating to,

(a) achieving compliance with the provision, term or condition;

(b) preventing the continuation or repetition of the contravention;

(c) the securing, whether through locks, gates, fences, security guards or other means, of any land, place or thing;

(d) the repair, maintenance or operation of water works or sewage works in such manner and with such facilities as are specified in the order;

(e) the removal of sewage or any thing contaminated by sewage;

(f) sampling, analysis or reporting with respect to the quality or quantity of any waters;

(g) where the contravention has caused damage to or endangered or is likely to cause damage to or endanger existing water supplies, providing alternate water supplies;

(h) submitting a plan for achieving compliance with the provision, term or condition, including the engagement of contractors or consultants satisfactory to a provincial officer;

(i) submitting an application for an approval, licence or permit;

(j) monitoring and recording in relation to the natural environment and waters and reporting on the monitoring and recording; and

(k) posting notice of the order.

Order by provincial officer re preventive measures

16.1 (1) A provincial officer who reasonably believes that it is in the public interest to do so may issue an order to any person who owns, manages or has control of a facility, including a sewage works or water works, that may discharge material into any water or watercourse that may impair the quality of water.

Information to be included in order

(2) The order shall,

(a) briefly describe the reasons for the order and the circumstances on which the reasons are based; and

(b) state that a review of the order may be requested in accordance with section 16.4.

What the order may require

(3) The order may require the person to whom it is directed to comply with any directions specified under subsection (4), within the time specified in the order.

Same

(4) The following directions may be specified in the order:

1. Any direction listed in section 32.

2. A direction to secure, by means of locks, gates, fences, security guards or other means, any land, place or thing.

Where order requires report

(5) Where the order requires a person to make a report, the report shall be made to a provincial officer.

Order by provincial officer re sewage works or water works

16.2 (1) A provincial officer who reasonably believes that it is in the public interest to do so may issue an order to any person who owns, manages or has control of a sewage works or water works.

Information to be included in order

(2) The order shall,

(a) briefly describe the reasons for the order and the circumstances on which the reasons are based; and

(b) state that a review of the order may be requested in accordance with section 16.4.

What the order may require

(3) The order may require the person to whom it is directed to comply with any directions under subsection (4), within the time specified.

Same

(4) The following directions may be specified in the order:

1. A direction to secure, whether through locks, gates, fences, security guards or other means, any land, place or thing.

2. A direction to repair, maintain and operate sewage works or water works in such manner and with such facilities as are specified in the order.

3. A direction to sample, analyze and report with respect to the quality or quantity of any waters.

Amendment or revocation of order

16.3 (1) An order issued under section 16, 16.1 or 16.2 may, by order, be amended or revoked by the provincial officer who issued it or by the Director.

Same

(2) A provincial officer or Director who amends or revokes an order shall give written notice of the amendment or revocation to the person to whom the order is directed.

Request for review

16.4 (1) A person to whom an order under section 16, 16.1, 16.2 or 16.3 is directed may, within seven days after being served with a copy of the order, request that the Director review the order.

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.

Contents of request for review

(3) A written request for review under subsection (1) or a written confirmation of an oral request under subsection (2) shall include,

(a) the portions of the order in respect of which the review is requested;

(b) any submissions that the applicant for the review wishes the Director to consider; and

(c) for the purpose of subsection (7), an address for service by mail or by electronic facsimile transmission or by such other means of service as the regulations may prescribe.

No automatic stay

(4) The request for review does not stay the order, unless the Director orders otherwise in writing.

Decision of Director

(5) A Director who receives a request for review may,

(a) revoke the order of the provincial officer; or

(b) by order directed to the person requesting the review, confirm or amend the order of the provincial officer.

Same

(6) For the purposes of subsection (5), the Director may substitute his or her own opinion for that of the provincial officer.

Notice of decision

(7) The Director shall serve the person requesting the review with a copy of,

(a) a decision to revoke the order of the provincial officer; or

(b) an order to confirm or amend the order of the provincial officer, together with reasons.

Automatic confirmation of order

(8) If, within seven days of receiving a written request for review or a written confirmation of an oral request for review, the Director does not make a decision under subsection (5) and give oral or written notice of the decision to the person requesting the review, the order in respect of which the review is sought shall be deemed to have been confirmed by order of the Director.

Same

(9) For the purpose of an appeal to the Board, a confirming order deemed to have been made by the Director under subsection (8),

(a) shall be deemed to be issued to each person to whom the order of the provincial officer was directed; and

(b) shall be deemed to have been served, on each person to whom the order of the provincial officer was directed, at the expiry of the time period referred to in subsection (8).

50. Section 17 of the Act is repealed and the following substituted:

Entry or inspection order

17. (1) A justice may issue an order authorizing a provincial officer to do anything set out in subsection 15 (1) or (2) or section 15.1 if the justice is satisfied, on evidence under oath by a provincial officer, that there is reasonable ground to believe that it is appropriate for the administration of this Act or the regulations for the provincial officer to do anything set out in subsection 15 (1) or (2) or section 15.1 and that the provincial officer may not be able to effectively carry out his or her duties without an order under this section because,

(a) no occupier is present to grant access to a place that is locked or otherwise inaccessible;

(b) a person has prevented the provincial officer from doing anything set out in subsection 15 (1) or (2) or section 15.1;

(c) there is reasonable ground to believe that a person may prevent a provincial officer from doing anything set out in subsection 15 (1) or (2) or section 15.1;

(d) it is impractical, because of the remoteness of the place to be inspected or because of any other reason, for the provincial officer to obtain an order under this section without delay if access is denied; or

(e) there is reasonable ground to believe that an attempt by the provincial officer to do anything set out in subsection 15 (1) or (2) or section 15.1 without the order,

(i) might not achieve its purpose, or

(ii) might endanger human health or safety, property or the natural environment.

Same

(2) Subsections 15 (3), (4) and (5) apply to an inspection under an order under this section.

Expiry

(3) Unless renewed, an order under this section expires on the earlier of the day specified for the purpose in the order and the day that is 30 days after the date on which the order is made.

Renewal

(4) An order under this section may be renewed in the circumstances in which an order may be made under subsection (1), before or after expiry, for one or more periods each of which is not more than 30 days.

When to be executed

(5) An order under this section shall be carried out between 6 a.m. and 9 p.m., unless the order otherwise authorizes.

Application without notice

(6) An order under this section may be issued or renewed on application without notice.

51. Section 18 of the Act is amended by striking out "section 15" in the second line and substituting "section 15, 15.1".

52. Section 19 of the Act is repealed and the following substituted:

Seizure during inspection

19. During an inspection under section 15, 15.1 or 17, a provincial officer may, without a warrant or court order, seize any thing that is produced to the provincial officer or that is in plain view, if,

(a) the provincial officer reasonably believes that the thing will afford evidence of an offence under this Act;

(b) the provincial officer reasonably believes that the thing was used or is being used in connection with the commission of an offence under this Act and that the seizure is necessary to prevent the continuation or repetition of the offence; or

(c) the thing is discharging or may discharge any material into the natural environment and an impairment of waters has resulted or may result from the discharge.

53. Subsections 20 (3) and (4) of the Act are repealed and the following substituted:

Seizure during search

(3) During a search under subsection (2), a provincial officer may, without warrant or court order, seize any thing if,

(a) the provincial officer reasonably believes that the thing will afford evidence of an offence; or

(b) the provincial officer reasonably believes that the thing was used or is being used in connection with the commission of an offence and that the seizure is necessary to prevent the continuation or repetition of the offence.

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

Detention or removal

20.1 (1) A provincial officer who seizes any thing under section 19 or 20 may remove the thing or detain it in the place where it is seized.

Receipt

(2) Where possible, a provincial officer shall inform the person from whom a thing is seized under section 19 or 20 as to the reason for the seizure and shall give the person a receipt for the thing seized.

55. Subsection 21 (1) of the Act is repealed and the following substituted:

Report to justice

(1) A provincial officer who seizes any thing during an inspection or search under section 19 or 20 shall bring the thing seized before a justice or, if that is not reasonably possible, shall report the seizure to a justice.

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

Disposition of certain things

21.1 (1) Where the Director believes that, given the nature of a thing seized under section 19 or 20, the thing may pose a risk to human health or safety or to property, the Director may direct the person having custody of the thing, to dispose of the thing in a manner satisfactory to the Director.

Disposition of seized perishables

(2) Where the person having custody of any thing seized under section 19 or 20 believes that the thing will rot, spoil or otherwise perish, the person may dispose of the thing.

Non-application of provision

(3) Section 21 does not apply to a thing disposed of in accordance with this section.

Forfeiture

(4) A thing disposed of in accordance with this section is forfeited to the Crown.

Notice of disposal

21.2 (1) Where a thing has been disposed of in accordance with section 21.1, the Director shall ensure that a provincial officer gives written notice of the seizure and disposal within 15 days of the disposal,

(a) to every person whom the provincial officer knows or has reason to believe is an owner of the thing seized; and

(b) to every person who has a security interest in the thing that is perfected by registration under the Personal Property Security Act against the name of any person whom the provincial officer knows or has reason to believe is the owner.

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 thing or of his or her delegate;

(e) a statement of the reason for the seizure and disposal;

(f) a reference to the statutory provision authorizing the seizure and disposal; and

(g) a reference to the statutory provision permitting the person to apply to the Ontario Court (General Division) for relief against the forfeiture.

Forfeiture may be ordered

21.3 (1) On the application of the Director, the Ontario Court (General Division) may order that a thing seized under section 19 or 20 or under a warrant issued under the Provincial Offences Act in connection with the commission or suspected commission of an offence under this Act be forfeited to the Crown.

Where no order to be made

(2) No order shall be made under subsection (1) unless the court is satisfied that,

(a) the seizure was lawful; and

(b) no later than seven days before the hearing of the application, written notice was provided by a provincial officer,

(i) to every person whom the provincial officer knows or has reason to believe is an owner of the thing seized,

(ii) to every person who has a security interest in the thing that is perfected by registration under the Personal Property Security Act against the name of any person whom the provincial officer knows or has reason to believe is the owner,

(iii) where the thing seized is a vehicle, to every person who has a security interest in the vehicle that is perfected by registration under the Personal Property Security Act against the vehicle identification number of the vehicle, and

(iv) where the thing seized is a vehicle and the vehicle is registered under the Highway Traffic Act, to the registered owner.

Contents of notice

(3) Notice under subsection (2) 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;

(d) the name and telephone number of the provincial officer who seized the thing or of his or her delegate;

(e) a statement of the reason for the seizure;

(f) a reference to the statutory provision authorizing the seizure;

(g) a statement that an order for forfeiture of the thing is being sought under this section; and

(h) a statement that the person to whom the notice is provided may make submissions to the Ontario Court (General Division) with respect to the issuance of an order under this section.

Disposition of things forfeited

(4) A thing forfeited under this section may be disposed of as the Director directs.

Relief against forfeiture

(5) A person who had an interest in a thing forfeited under section 21.1 or this section may apply to the Ontario Court (General Division) for relief against the forfeiture and the court may make an order providing for any relief that it considers appropriate, including, but not limited to, one or more of the following orders:

1. An order directing that the thing or any part of the thing be returned to the applicant.

2. An order directing that any interest in the thing be vested in the applicant.

3. An order directing that an amount be paid by the Crown to the applicant by way of compensation for the forfeiture.

When relief not to be ordered

(6) The court shall not make an order for relief under subsection (5) in respect of a thing forfeited where the person applying for the relief,

(a) has been served with a notice under section 106.1 requiring the person to pay an administrative penalty in connection with a matter that was associated with the seizure of the thing, unless the requirement to pay the administrative penalty is rescinded under section 106.1; or

(b) has been charged with an offence that was associated with the seizure of the thing, unless the charge has been withdrawn or dismissed.

57. (1) Clause 22 (a) of the Act is repealed and the following substituted:

(a) to carry out an order issued under this Act, other than an order issued by a provincial officer.

(2) Clause 22 (c) of the Act is repealed and the following substituted:

(c) to prevent the destruction of any thing that the provincial officer reasonably believes may afford evidence of an offence under this Act.

(3) Section 22 of the Act is amended by adding the following subsection:

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.

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

Definition

22.1 (1) In this section,

"

device" means a substance or tracking device that, when placed or installed in or on any place, land or thing, may be used to help ascertain, by electronic or other means, the origin, identity or location of anything.

Order may be issued

(2) On application without notice, a justice may issue an order in writing authorizing a provincial officer, subject to this section, to use any device, investigative technique or procedure or to do any thing described in the order if the justice is satisfied by evidence under oath that there are reasonable grounds to believe that an offence against this Act has been or will be committed and that information concerning the offence will be obtained through the use of the device, technique or procedure or the doing of the thing.

Limitation

(3) An order under this section shall not authorize the interception of any private communication.

Same

(4) No device, technique or procedure shall be used to intercept any private communication under an order issued under this section.

Terms and conditions of order

(5) An order issued under this section shall contain such terms and conditions as the justice considers advisable in the circumstances.

Activities under order

(6) An order issued under this section may authorize a provincial officer,

(a) to place, install, maintain or remove a device in or on any land, place or thing; and

(b) to monitor, or to have monitored, a device or information from the device placed or installed in or on any land, place or thing.

Duration of order

(7) An order issued under this section is valid for a period of 60 days or for such shorter period as may be specified in the order.

Further orders

(8) A justice may issue further orders under subsection (2).

59. Section 24 of the Act is repealed and the following substituted:

Condition

24. It is a condition of every licence, permit or approval under this Act that the holder must forthwith on request permit provincial officers to carry out inspections authorized by section 15, 15.1 or 17 of this Act, section 156, 156.1 or 158 of the Environmental Protection Act or section 19, 19.1 or 20 of the Pesticides Act of any place, other than any room actually used as a dwelling, to which the licence, permit or approval relates.

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

Police assistance

25. Whenever a provincial officer is required or empowered by this Act or the regulations to do or direct the doing of anything, such 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 Ontario Provincial Police Force or the police force in the area where the assistance is required and it is the duty of every member of a police force to render such assistance.

61. Section 28 of the Act is amended by striking out "29, 30, 32 and 33" in the first line and substituting "15, 15.1, 15.5, 19, 29, 30, 32, 33 and 106.1 and subsection 116 (1)".

62. Clause 76 (g) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 7, section 8, is repealed and the following substituted:

(g) prescribing documents or data required to be created, stored and submitted by any person and the methods of creating, storing and submitting the documents and data;

(g.1) prescribing the location at which documents or data must be created or stored;

(g.2) providing for the inspection and examination of documents and data;

(g.3) providing for the preparation and signing of documents by electronic means, the filing of documents by direct electronic transmission and the printing of documents filed by direct electronic transmission.

63. (1) Subsections 83 (1) and (2) of the Act are repealed and the following substituted:

Entry without judicial order

(1) A person who is responsible for doing a thing under section 80, 81 or 82 may, for the purpose, enter on or into any land or place on or in which the thing is to be done and any adjacent land or place without an order if,

(a) the entry is made with the consent of an occupier or owner of the land or place; or

(b) the delay necessary to obtain an order under subsection (2) would result in,

(i) danger to the health or safety of any person,

(ii) impairment or serious risk of impairment of any waters or any use of waters, or

(iii) injury or damage or serious risk of injury or damage to any property or to any plant or animal life.

Order authorizing entry

(2) A justice who is satisfied on evidence under oath that there is reasonable ground to believe that entry on land or into or on a place is necessary for the purpose of doing a thing under section 80, 81 or 82, may issue an order authorizing the person named in the order to make the entry and do the thing.

(2) Subsection 83 (3) of the Act is amended by,

(a) striking out "A warrant" at the beginning and substituting "An order"\; and

(b) striking out "the warrant" in the third line of clause (a) and in clause (b) and substituting, in each case, "the order".

(3) Subsection 83 (4) of the Act is repealed and the following substituted:

Renewal

(4) Before or after the order expires, a justice may renew the order, for such additional periods as the justice considers necessary.

(4) Subsection 83 (5) of the Act is amended by inserting "or a place" after "land" in the second line.

(5) Subsection 83 (6) of the Act is amended by,

(a) striking out "a warrant" in the first line and substituting "an order"\; and

(b) striking out "the warrant" at the end and substituting "a warrant".

(6) Subsection 83 (7) of the Act is repealed and the following substituted:

Application without notice

(7) A justice may receive and consider an application for an order or a renewal of an order under this section without notice to the owner or occupier of the land or place.

(7) Subsection 83 (8) of the Act is amended by inserting "or place" after "land" in the second line.

64. (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, or

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

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

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

Service on municipal corporations

90.1 (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 personally to the sole proprietor or to a person apparently in charge of an office of the sole proprietorship.

Substituted service

(5) On application without notice, a justice, on being satisfied that service cannot be made effectively in accordance with subsections (1) to (4), may by order authorize another method of service that has a reasonable likelihood of coming to the attention of the municipal corporation, other corporation, partnership or sole proprietorship.

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

Obstruction

98. (1) No person shall hinder or obstruct any provincial officer or any employee or agent of the Ministry or the Agency in the performance of his or her duties under this Act.

False information

(2) No person shall orally, in writing or electronically, give or submit false or misleading information in any statement, document or data, to any provincial officer, the Minister, the Ministry or the Agency or any employee or agent of the Ministry or the Agency in respect of any matter related to this Act or the regulations.

Same

(3) No person shall include false or misleading information in any document or data required to be created, stored or submitted under this Act.

Refusal to furnish information

(4) No person shall refuse to furnish any provincial officer, the Minister, the Ministry, the Agency or any employee or agent of the Ministry or the Agency with information required for the purposes of this Act and the regulations.

67. Section 100 of the Act is amended by adding the following subsection:

Exception

(1.1) Subsection (1) does not apply in respect of an order made under section 16, 16.1, 16.2, 16.3 or 16.4.

68. (1) Subsection 103 (2) of the Act is amended by striking out "is signed by the Director" in the sixth line and substituting "is signed by a person who has authority to issue the prohibition".

(2) Subsection 103 (5) of the Act is amended by striking out "is signed by the Director" in the sixth line and substituting "is signed by a person who has authority to issue the prohibition".

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

Definition

106.1 (1) In this section,

"

Board" means the Environmental Appeal Board referred to in Part XIII of the Environmental Protection Act.

Director may impose administrative penalties

(2) Where the Director is of the opinion that a person,

(a) has contravened a provision of this Act or the regulations;

(b) has failed to comply with a term or condition of a licence, permit or approval made under this Act;

(c) has failed to comply with an order, notice, direction, requirement or report made under this Act, other than an order under section 84; or

(d) who, being a director or officer of a corporation that engages in an activity that may result in the discharge of any material into or in any waters or on any shore or bank of any waters or into any place that may impair the quality of any waters contrary to this Act or the regulations, has failed to take all reasonable care to prevent the corporation from causing or permitting such unlawful discharge,

the Director may, subject to the regulations under subsection (13), issue a notice in writing requiring the person to pay an administrative penalty in the amount set out in the notice for each day or part of a day on which the contravention or failure occurred or continues.

Limitation

(3) The Director shall not issue a notice in respect of a contravention or failure later than two years after the later of,

(a) the day the contravention or failure occurred; and

(b) the day on which the evidence of the contravention or failure first came to the attention of the Director or a provincial officer.

Amount of penalty, limited

(4) An administrative penalty in respect of a contravention or failure shall not exceed $5,000 for each day or part of a day on which the contravention or failure occurs or continues.

Contents of notice

(5) A notice of an administrative penalty shall be served on the person who is required to pay the penalty and shall,

(a) contain a description of the contravention or failure to which the notice relates, including, where appropriate, the date and location of the contravention or failure;

(b) specify the amount of the penalty determined by the Director in accordance with the regulations under subsection (13);

(c) give particulars respecting the time for paying the penalty and the manner of payment; and

(d) provide information to the person as to the person's right to require a hearing of the matter by the Board.

Hearing may be required

(6) A person who is required by a notice to pay an administrative penalty may, within 15 days after service of the notice on the person, by a written notice served on the Director and the Board, require the Board 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.

Board's powers on hearing

(7) At a hearing by the Board of a matter to which a notice of an administrative penalty relates, the Board shall determine whether in the circumstances, the notice should be confirmed, rescinded or amended.

Same

(8) The Board shall not vary the amount of the penalty unless the Board considers the amount to be unreasonable.

Same

(9) For greater certainty, the regulations made under subsection (13) apply to the Board's decisions under subsections (7) and (8).

No offence to be charged if penalty is paid

(10) If a person who is required by a notice by the Director or after a decision of the Board to pay an administrative penalty in respect of a contravention or failure pays the amount of the penalty in accordance with the notice or decision, the person shall not be charged with an offence in respect of the contravention or failure.

Failure to pay when required

(11) Where a person who is required to pay an administrative penalty in accordance with a notice by the Director fails to comply with the requirement and no hearing provided for under this section is pending in the matter or, after such hearing, fails to pay an administrative penalty in accordance with a decision of the Board,

(a) the notice or decision may be filed with a local registrar of the Ontario Court (General Division) and the notice or decision may be enforced as if it were an order of the court;

(b) the Director may by order suspend any licence, permit or approval that has been issued to the person under this Act until the administrative penalty is paid; and

(c) the Director may refuse to issue any licence, permit or approval to the person under this Act until the administrative penalty is paid.

Same

(12) Section 129 of the Courts of Justice Act applies in respect of a notice or decision filed with the Ontario Court (General Division) under subsection (11) and, for the purpose, the date on which the notice or decision is filed shall be deemed to be the date of the order.

Regulations

(13) The Lieutenant Governor in Council may make regulations,

(a) specifying the form and content of notices of administrative penalties;

(b) specifying the types of contraventions or failures in respect of which a notice may not be issued under this section and the circumstances when the Director shall not issue a notice under this section;

(c) governing the determination of the amounts of administrative penalties, including the criteria to be considered and including providing for different amounts depending on when an administrative penalty is paid;

(d) respecting any other matter necessary for the administration of a system of administrative penalties provided for by this section.

General or particular

(14) A regulation under subsection (13) may be general or particular in its application.

Application

(15) This section does not apply to contraventions or failures that occurred before this section came into force.

70. Subsection 107 (4) of the Act, as amended by the Statutes of Ontario, 1992, chapter 23, section 39, is repealed.

71. Section 108 of the Act, as amended by the Statutes of Ontario, 1992, chapter 23, section 39, is repealed and the following substituted:

Penalty: individuals

108. (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.

Penalty: 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.

72. Section 109 of the Act is repealed and the following substituted:

Application of subss. (2) and (3)

109. (1) Subsections (2) and (3) apply to the following offences:

1. An offence under this Act that posed, poses or may pose a risk of impairment of the quality of any waters.

2. An offence under section 98 or subsection 107 (2) or (3).

Penalty for certain offences: corporations

(2) Every corporation convicted of an offence described in subsection (1) is liable, in substitution for any penalty provided in section 108, 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.

Penalty for certain offences: individuals

(3) Every individual convicted of an offence described in subsection (1) is liable, in substitution for any penalty provided in section 108,

(a) for each day or part of a day on which the offence occurs or continues, to a fine of not more than $50,000 on a first conviction and not more than $100,000 on each subsequent conviction;

(b) to imprisonment for a term of not more than one year; or

(c) to both such fine and imprisonment.

Penalty for offences that impair water quality: corporations

(4) Every corporation convicted of an offence under this Act that impairs the quality of the water of any waters is liable, in substitution for any penalty elsewhere provided, for each day or part of a day on which the offence occurs or continues, to a fine of not more than $1,000,000 on a first conviction and not more than $2,000,000 on each subsequent conviction.

Penalty for offences that impair water quality: individuals

(5) Every individual convicted of an offence under this Act that impairs the quality of the water of any waters is liable, in substitution for any penalty elsewhere provided,

(a) for each day or part of a day on which the offence occurs or continues, to a fine of not more than $100,000 on a first conviction and not more than $200,000 on each subsequent conviction;

(b) to imprisonment for a term of not more than two years less one day; or

(c) to both such fine and imprisonment.

73. Clause 110 (b) of the Act, as amended by the Statutes of Ontario, 1993, chapter 27, Schedule, is further amended by striking out "Part VIII or".

74. (1) Subsection 112 (1) of the Act is repealed and the following substituted:

Order to prevent damage, etc.

(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, including but not limited to providing an alternate water supply, as the court directs 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, notice, direction, requirement or report made under this Act and directed to the person in relation to damage that results from or is in any way connected to the commission of the offence.

(2) Subsection 112 (5) of the Act is repealed.

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

Restitution orders

112.1 (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.

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 property to the state that it was in before the damage.

Same

(3) For greater certainty, for the purposes of clause (2) (a), expenses incurred to provide an alternate water supply may be expenses incurred to prevent, eliminate or ameliorate damage.

Amount of order

(4) The amount of the order for restitution shall not exceed the replacement value of the property as of the date the order is issued.

No restitution to person who committed offence

(5) The court shall not make an order for restitution in favour of any person on account of damage that is the result of,

(a) the commission of an offence by the person; or

(b) a contravention or failure in respect of which a notice under section 106.1 has been served on the person requiring the person to pay an administrative penalty, unless the requirement to pay the administrative penalty has been rescinded.

Notification of order

(6) Where a court makes an order for restitution, it shall cause a copy of the order or a notice of the content of the order to be given to the person to whom the restitution is ordered to be paid.

Filing of order in court

(7) An order for restitution may be filed with a local registrar of the Ontario Court (General Division) and the responsibility for filing shall be on the person to whom the restitution is ordered to be paid.

Enforcement of order

(8) An order for restitution filed under subsection (7) may be enforced as if it were an order of the court.

Same

(9) Section 129 of the Courts of Justice Act applies in respect of an order for restitution filed under subsection (7) and, for the purpose, the date of filing shall be deemed to be the date of the order.

Civil remedy

(10) A civil remedy for an act or omission is not affected by reason only that an order for restitution under this section has been made in respect of that act or omission.

Forfeiture on conviction

112.2 (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 19 or 20 or under a warrant issued under the Provincial Offences Act, order that the thing be forfeited to the Crown.

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 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,

(iii) where the thing seized is a vehicle, to every person who has a security interest in the vehicle that is perfected by registration under the Personal Property Security Act against the vehicle identification number of the vehicle, and

(iv) where the thing seized is a vehicle and the vehicle is registered under the Highway Traffic Act, to the registered owner.

Contents of notice

(3) Notice under subsection (2) 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;

(d) the name and telephone number of the provincial officer who seized the thing or of his or her delegate;

(e) a statement of the reason for the seizure;

(f) a reference to the statutory provision authorizing the seizure;

(g) a statement that an order for forfeiture of the thing is being sought under this section; and

(h) a statement that the person to whom the notice is provided may make submissions to the court with respect to the issuance of an order under this section.

Disposition of things forfeited

(4) A thing forfeited under this section may be disposed of as the Director directs.

Relief against forfeiture

(5) A person who had an interest in a thing forfeited under this section may apply to the Ontario Court (General Division) for relief against the forfeiture and the court may make an order providing for any relief that it considers appropriate, including, but not limited to, one or more of the following orders:

1. An order directing that the thing or any part of the thing be returned to the applicant.

2. An order directing that any interest in the thing be vested in the applicant.

3. An order directing that an amount be paid by the Crown to the applicant by way of compensation for the forfeiture.

When relief not to be ordered

(6) The court shall not make an order for relief under subsection (5) in respect of a thing forfeited where the person applying for the relief,

(a) has been served with a notice under section 106.1 requiring the person to pay an administrative penalty in connection with a matter that was associated with the seizure of the thing, unless the requirement to pay the administrative penalty is rescinded under section 106.1; or

(b) has been charged with an offence that was associated with the seizure of the thing, unless the charge has been withdrawn or dismissed.

Where fine not paid

112.3 (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 21.1, 21.3 or 112.2 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 subsections 112.2 (2) to (6)

(2) Subsections 112.2 (2) to (6) apply with necessary modifications in relation to an order under clause (1) (b).

Costs of seizure, etc.

112.4 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.

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

Electronic signature

115.1 (1) Despite any requirement under this Act, for the purposes of anything done under this Act, a document may be prepared and signed by electronic means in an electronic format and may be filed by direct electronic transmission, if the preparation, signature and filing are in accordance with the regulations.

Deemed filing

(2) A printed copy of a document filed under subsection (1) shall be deemed to have been filed as the original document if it is printed in accordance with the regulations.

PART III

PESTICIDES ACT

77. Subsection 1 (1) of the Pesticides Act, as amended by the Statutes of Ontario, 1993, chapter 27, Schedule, is further amended by adding the following definition:

"

justice" means a provincial judge or a justice of the peace. ("juge")

78. Subsection 14 (6) of the Act is repealed and the following substituted:

Findings of fact

(6) The findings of fact of the Board following on a hearing shall be based exclusively on evidence admissible or matters that may be noticed under the Statutory Powers Procedure Act.

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

Provincial officers

(2) A provincial officer is a peace officer for the purpose of enforcing this Act.

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.

Obstruction

(4) No person shall hinder or obstruct any provincial officer or any employee or agent of the Ministry in the performance of his or her duties under this Act.

False information

(5) No person shall orally, in writing or electronically, give or submit false or misleading information in any statement, document or data to any provincial officer, the Minister, the Ministry or any employee or agent of the Ministry in respect of any matter related to this Act or the regulations.

Same

(6) No person shall include false or misleading information in any document or data required to be created, stored or submitted under this Act.

Refusal to furnish information

(7) No person shall refuse to furnish any provincial officer, the Minister, the Ministry or any employee or agent of the Ministry with information required for the purposes of this Act and the regulations.

80. Section 19 of the Act is repealed and the following substituted:

Inspection by provincial officer

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) the discharge of a pesticide into the environment; and

(d) entering any place that the provincial officer reasonably believes,

(i) is, or is required to be, subject to or referred to in a permit, licence or order under this Act, or

(ii) is subject to or referred to in a regulation that provides for an exemption from any requirement to have a permit or licence under this Act, where the regulation includes provisions that regulate the place.

Same

(2) During an inspection under subsection (1), the provincial officer may,

(a) make necessary excavations;

(b) require that any thing be operated, used or set in motion under conditions specified by the provincial officer;

(c) take samples for analysis;

(d) conduct tests or take measurements;

(e) examine, record or copy any document or data, in any form, by any method;

(f) record the condition of a place or the natural environment by means of photograph, video recording or other visual recording;

(g) 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 purposes of the inspection;

(h) remove from a place documents or data, in any form, produced under clause (g) for the purpose of making copies; and

(i) make reasonable inquiries of any person, orally or in writing.

Limitation re records

(3) A record made under clause (2) (f) must be made in a manner that does not intercept any private communication and that accords with reasonable expectations of privacy.

Limitation re removal of documents, data

(4) A provincial officer shall not remove documents or data under clause (2) (h) without giving a receipt for them and shall promptly return the documents or data to the person who produced them.

Power to exclude persons

(5) A provincial officer who exercises the power set out in clause (2) (i) may exclude from the questioning any person except counsel for the individual being questioned.

Definition

19.1 (1) In this section,

"

vehicle" includes a trailer or other equipment attached to the vehicle.

Requirement to stop

(2) For the administration of this Act or the regulations, a provincial officer may signal a vehicle or vessel to stop.

Same

(3) On the provincial officer's signal to stop, the operator of the vehicle or vessel shall immediately come to a safe stop.

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.

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 vicinity of the sign, the operator of a vehicle or vessel that passes the sign and that falls within the class of vehicles or vessels indicated shall report forthwith to the place the sign directs.

Same

(6) Where the operator of a vehicle or vessel stops under subsection (3) or reports under subsection (5), the provincial officer may make any reasonable inquiries of the operator and the operator shall produce for inspection any documents related to the operation or ownership of the vehicle or vessel, including licenses, permits and any documents that are required to be kept by the law of any jurisdiction in relation to the carriage of any cargo or container.

Inspection powers

(7) Based on questioning or examination of documents conducted under subsection (6), the provincial officer may, without warrant or court order, inspect any means of containment that the provincial officer reasonably believes is being used for the handling or transportation of a pesticide.

Same

(8) As part of an inspection under subsection (7), the provincial officer may open or require the operator to open any cargo hold, container or other means of containment.

Same

(9) During an inspection conducted under subsection (6) or (7), the provincial officer may exercise such powers under subsection 19 (2) as are reasonably required for the administration of this Act or the regulations.

Same

(10) Subsections 19 (3), (4) and (5) apply to the exercise of a power under subsection (9).

Power to administer other statutes

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 or the Ontario Water Resources Act, as the case may be, do anything authorized by,

(a) section 156, 156.1, 160, 161 or 161.1 of the Environmental Protection Act\; or

(b) section 15, 15.1, 19, 20 or 20.1 of the Ontario Water Resources Act.

Entry to dwellings

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.

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

Identification

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.

Entry, etc., may be prohibited

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 prohibiting the use of, interference with, disruption of, or destruction of a thing, the thing will afford evidence of an offence under this Act; or

(c) in the case of an order prohibiting entry or an order prohibiting the use of, interference with, disruption of, or destruction of a thing, there is a discharge or a likelihood of discharge of a pesticide or a substance or thing containing a pesticide into the environment, out of the normal course of events, from the land, place or thing, that has resulted or is likely to result in an effect referred to in any of clauses 29 (a) to (f).

Notice of order

(3) The provincial officer shall give notice of the order in the manner that he or she considers appropriate in the circumstances.

Contents of notice

(4) Notice of the order shall include an explanation of the rights provided by subsections (6) and (7).

Order not effective where no notice

(5) An order under subsection (1) is not effective in any court proceeding against a person where the person satisfies the court that the person neither knew nor should have known of the order.

Request for rescission

(6) A person aggrieved by the order may make an oral or written request to the Director to rescind it and may make oral or written submissions to the Director in support of the request.

Powers of Director

(7) The Director shall give prompt consideration to any request or submissions made under subsection (6) and may rescind the order.

Same

(8) For the purposes of subsection (7), the Director may substitute his or her own opinion for that of the provincial officer.

Same

(9) A Director who rescinds an order under subsection (7) shall give such directions to a provincial officer as the Director considers appropriate to bring the rescission to the attention of persons affected.

No stay

(10) A request for rescission of an order under subsection (1) does not stay the order, unless the Director orders otherwise in writing.

Duration of order

(11) An order under subsection (1) shall,

(a) subject to clause (b), be effective for the shorter of the length of time necessary to complete the inspection or search referred to in that subsection or a period not exceeding two days excluding holidays; or

(b) where the inspection or search referred to in subsection (1) is under an order under section 20 of this Act or under a warrant issued under section 158 of the Provincial Offences Act and a time limit for the inspection or search is specified in the order or warrant, be effective until the expiration of that time.

Order of justice

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.

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.

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.

Renewal

(4) An order under this section may be renewed for any reason set out in subsection (1), before or after expiry, for one or more periods each of which is not more than 30 days.

Notice of application

(5) An initial order under subsection (1) may be issued on application without notice.

Same

(6) A renewal order under subsection (4) may be issued on application made with such notice, if any, as is specified for the purpose under subsection (7).

Same

(7) In an order under subsection (1) or (4), a justice may specify notice requirements that must be met by a person applying for a renewal of the order or for a further renewal of the order, as the case may be.

Notice of order

(8) A provincial officer may give notice of an order under subsection (1) or (4) in the manner that he or she considers appropriate in the circumstances.

Order not effective where no notice

(9) An order under subsection (1) or (4) is not effective in any court proceeding against a person where the person satisfies the court that the person neither knew nor should have known of the order.

Securing of place

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.

82. Section 20 of the Act is repealed and the following substituted:

Entry or inspection order

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 in subsection 19 (1) or (2) or section 19.1;

(d) it is impractical, because of the remoteness of the place to be inspected or because of any other reason, for the provincial officer to obtain an order under this section without delay if access is denied; or

(e) there is reasonable ground to believe that an attempt by the provincial officer to do anything set out in subsection 19 (1) or (2) or section 19.1 without the order,

(i) might not achieve its purpose, or

(ii) might endanger human health or safety, property or the natural environment.

Same

(2) Subsections 19 (3), (4) and (5) apply to an inspection under an order under this section.

Expiry

(3) Unless renewed, an order under this section expires on the earlier of the day specified for the purpose in the order and the day that is 30 days after the date on which the order is made.

Renewal

(4) An order under this section may be renewed in the circumstances in which an order may be made under subsection (1), before or after expiry, for one or more periods each of which is not more than 30 days.

When to be executed

(5) An order under this section shall be carried out between 6 a.m. and 9 p.m., unless the order otherwise authorizes.

Application without notice

(6) An order under this section may be issued or renewed on application without notice.

83. Sections 21 and 22 of the Act are repealed and the following substituted:

Samples and copies

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.

Seizure during inspection

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.

84. Subsections 23 (3) and (4) of the Act are repealed and the following substituted:

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 officer reasonably believes that the thing was used or is being used in connection with the commission of an offence and that the seizure is necessary to prevent the continuation or repetition of the offence.

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

Detention or removal

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.

86. Subsection 24 (1) of the Act is repealed and the following substituted:

Report to justice

(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.

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

Disposition of certain things

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.

Notice of disposal

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.

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 thing or of his or her delegate;

(e) a statement of the reason for the seizure and disposal;

(f) a reference to the statutory provision authorizing the seizure and disposal; and

(g) a reference to the statutory provision permitting the person to apply to the Ontario Court (General Division) for relief against the forfeiture.

Forfeiture may be ordered

24.3 (1) On the application of the Director, the Ontario Court (General Division) 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.

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 person whom the provincial officer knows or has reason to believe is the owner,

(iii) where the thing seized is a vehicle, to every person who has a security interest in the vehicle that is perfected by registration under the Personal Property Security Act against the vehicle identification number of the vehicle, and

(iv) where the thing seized is a vehicle and the vehicle is registered under the Highway Traffic Act, to the registered owner.

Contents of notice

(3) Notice under subsection (2) 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;

(d) the name and telephone number of the provincial officer who seized the thing or of his or her delegate;

(e) a statement of the reason for the seizure;

(f) a reference to the statutory provision authorizing the seizure;

(g) a statement that an order for forfeiture of the thing is being sought under this section; and

(h) a statement that the person to whom the notice is provided may make submissions to the Ontario Court (General Division) with respect to the issuance of an order under this section.

Disposition of things forfeited

(4) A thing forfeited under this section may be disposed of as the Director directs.

Relief against forfeiture

(5) A person who had an interest in a thing forfeited under section 24.1 or this section may apply to the Ontario Court (General Division) for relief against the forfeiture and the court may make an order providing for any relief that it considers appropriate, including, but not limited to, one or more of the following orders:

1. An order directing that the thing or any part of the thing be returned to the applicant.

2. An order directing that any interest in the thing be vested in the applicant.

3. An order directing that an amount be paid by the Crown to the applicant by way of compensation for the forfeiture.

When relief not to be ordered

(6) The court shall not make an order for relief under subsection (5) in respect of a thing forfeited where the person applying for the relief,

(a) has been served with a notice under section 41.1 requiring the person to pay an administrative penalty in connection with a matter that was associated with the seizure of the thing, unless the requirement to pay the administrative penalty is rescinded under section 41.1; or

(b) has been charged with an offence that was associated with the seizure of the thing, unless the charge has been withdrawn or dismissed.

88. (1) Clause 25 (a) of the Act is repealed and the following substituted:

(a) to carry out an order issued under this Act, other than an order issued by a provincial officer.

(2) The English version of clause 25 (c) of the Act is repealed and the following substituted:

(c) to prevent the destruction of any thing that the provincial officer reasonably believes may afford evidence of an offence under this Act.

(3) Section 25 of the Act is amended by adding the following subsection:

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.

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

Definition

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 communication.

Same

(4) No device, technique or procedure shall be used to intercept any private communication under an order issued under this section.

Terms and conditions of order

(5) An order issued under this section shall contain such terms and conditions as the justice considers advisable in the circumstances.

Activities under order

(6) An order issued under this section may authorize a provincial officer,

(a) to place, install, maintain or remove a device in or on any land, place or thing; and

(b) to monitor, or to have monitored, a device or information from a device placed or installed in or on any land, place or thing.

Duration of order

(7) An order issued under this section is valid for a period of 60 days or for such shorter period as may be specified in the order.

Further orders

(8) A justice may issue further orders under subsection (2).

90. Section 26 of the Act is repealed and the following substituted:

Condition

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 section 19, 19.1 or 20 of this Act, section 156, 156.1 or 158 of the Environmental Protection Act or section 15, 15.1 or 17 of the Ontario Water Resources Act of any place, other than any room actually used as a dwelling, to which the permit or licence relates.

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

Order by provincial officer: contraventions

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 under this Act; or

(c) a term or condition of a licence or permit issued under this Act.

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.

What order may require

(3) The order may require the person to whom it is directed to comply with any directions set out in the order within the time specified relating to,

(a) achieving compliance with the provision, term or condition;

(b) preventing the continuation or repetition of the contravention;

(c) the securing, whether through locks, gates, fences, security guards or other means, of any land, place or thing;

(d) where the contravention has any of the effects mentioned in subsection 28 (1), doing all or any of the things specified in subsection 28 (2);

(e) the removal of a pesticide or a substance or thing contaminated by or containing a pesticide;

(f) where the contravention has caused damage to or endangered or is likely to cause damage to or endanger existing water supplies, providing alternate water supplies;

(g) submitting a plan for achieving compliance with the provision, term or condition, including the engagement of contractors or consultants satisfactory to a provincial officer;

(h) submitting an application for a licence or permit;

(i) monitoring and recording in relation to the environment and reporting on the monitoring and recording; and

(j) posting notice of the order.

Amendment or revocation of order

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.

Request for review

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.

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.

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.

No automatic stay

(4) The request for review does not stay the order, unless the Director orders otherwise in writing.

Decision of Director

(5) A Director who receives a request for review may,

(a) revoke the order of the provincial officer; or

(b) by order directed to the person requesting the review, confirm or amend the order of the provincial officer.

Same

(6) For the purposes of subsection (5), the Director may substitute his or her own opinion for that of the provincial officer.

Notice of decision

(7) The Director shall serve the person requesting the review with a copy of,

(a) a decision to revoke the order of the provincial officer; or

(b) an order to confirm or amend the order of the provincial officer, together with reasons.

Automatic confirmation of order

(8) If, within seven days of receiving a written request for review or a written confirmation of an oral request for review, the Director does not make a decision under subsection (5) and give oral or written notice of the decision to the person requesting the review, the order in respect of which the review is sought shall be deemed to have been confirmed by order of the Director.

Same

(9) For the purpose of an appeal to the Board, a confirming order deemed to have been made by the Director under subsection (8),

(a) shall be deemed to be directed to each person to whom the order of the provincial officer was directed; and

(b) shall be deemed to have been served, on each person to whom the order of the provincial officer was directed, at the expiry of the time period referred to in subsection (8).

Non-application of notice requirement under s. 13

26.4 Section 13 does not apply to orders under sections 26.1, 26.2 and 26.3.

Appeal to Board

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 Board within 15 days after service on the person of a copy of the order require a hearing by the Board.

Extension of time for requiring hearing

(2) The Board 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.

Same

(3) The Board may give such directions as it considers proper consequent on the extension.

Effect of Director's order

(4) Section 143 of the Environmental Protection Act applies with necessary modifications to orders made under section 26.3 of this Act.

Examination of documentary evidence

(5) The person requiring the hearing by the Board shall be afforded an opportunity to examine before the hearing any written or documentary evidence that will be produced or any report the contents of which will be given in evidence at the hearing.

Rules governing Board hearings

(6) Subsections 14 (4) to (8) apply to hearings under this section.

Parties

(7) The Director, the person requiring the hearing and any other person specified by the Board are parties to the hearing.

Powers of Board

(8) The Board may by order confirm, alter or revoke the order of the Director and for the purpose the Board may substitute its own opinion for that of the Director.

Appeals from Board hearings

(9) Section 15 applies to decisions of the Board under this section.

92. (1) Paragraph 28 of section 35 of the Act is repealed and the following substituted:

28. prescribing documents or data required to be created, stored and submitted by any person and the methods of creating, storing and submitting the documents and data;

28.1 prescribing the location at which documents or data must be created or stored;

28.2 providing for the inspection and examination of documents and data;

28.3 providing for the preparation and signing of documents by electronic means, the filing of documents by direct electronic transmission and the printing of documents filed by direct electronic transmission.

(2) Paragraph 36 of section 35 of the Act, as enacted by the Statutes of Ontario, 1997, chapter 37, section 5, is repealed and the following substituted:

36. providing for the method of service of any document given, served or delivered under this Act.

93. Section 38 of the Act, as amended by the Statutes of Ontario, 1997, chapter 37, section 5, is repealed and the following substituted:

Service

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.

94. Section 40 of the Act is repealed.

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

Director may impose administrative penalties

41.1 (1) Where the Director is of the opinion that a person,

(a) has contravened a provision of this Act or the regulations;

(b) has failed to comply with an order under this Act;

(c) has failed to comply with a term or condition of a licence or permit made or issued under this Act; or

(d) who, being a director or officer of a corporation that engages in an activity that may cause an effect mentioned in subsection 49 (3) contrary to this Act or the regulations, has failed to take all reasonable care to prevent the corporation from causing or permitting such unlawful effect,

the Director may, subject to the regulations under subsection (12), issue a notice in writing requiring the person to pay an administrative penalty in the amount set out in the notice for each day or part of a day on which the contravention or failure occurred or continues.

Limitation

(2) The Director shall not issue a notice in respect of a contravention or failure later than two years after the later of,

(a) the day the contravention or failure occurred; and

(b) the day on which the evidence of the contravention or failure first came to the attention of the Director or a provincial officer.

Amount of penalty, limited

(3) An administrative penalty in respect of a contravention or failure shall not exceed $5,000 for each day or part of a day on which the contravention or failure occurs or continues.

Contents of notice

(4) A notice of an administrative penalty shall be served on the person who is required to pay the penalty and shall,

(a) contain a description of the contravention or failure to which the notice relates, including, where appropriate, the date and location of the contravention or failure;

(b) specify the amount of the penalty determined by the Director in accordance with the regulations under subsection (12);

(c) give particulars respecting the time for paying the penalty and the manner of payment; and

(d) provide information to the person as to the person's right to require a hearing of the matter by the Board.

Hearing may be required

(5) A person who is required by a notice to pay an administrative penalty may, within 15 days after service of the notice on the person, by a written notice served on the Director and the Board, require the Board 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.

Board's powers on hearing

(6) At a hearing by the Board of a matter to which a notice of an administrative penalty relates, the Board shall determine whether in the circumstances, the notice should be confirmed, rescinded or amended.

Same

(7) The Board shall not vary the amount of the penalty unless the Board considers the amount to be unreasonable.

Same

(8) For greater certainty, the regulations under subsection (12) apply to decisions of the Board under subsections (6) and (7).

No offence to be charged if penalty is paid

(9) Where a person who is required by a notice by the Director or after a decision of the Board to pay an administrative penalty in respect of a contravention or failure pays the amount of the penalty in accordance with the notice or decision, the person shall not be charged with an offence in respect of the contravention or failure.

Failure to pay when required

(10) Where a person who is required to pay an administrative penalty in accordance with a notice by the Director fails to comply with the requirement and no hearing provided for under this section is pending in the matter or, after such hearing, fails to pay an administrative penalty in accordance with a decision of the Board,

(a) the notice or decision may be filed with a local registrar of the Ontario Court (General Division) and the notice or decision may be enforced as if it were an order of the court;

(b) the Director may by order suspend any licence or permit that has been issued to the person under this Act until the administrative penalty is paid; and

(c) the Director may refuse to issue any licence or permit to the person under this Act until the administrative penalty is paid.

Same

(11) Section 129 of the Courts of Justice Act applies in respect of a notice or decision filed with the Ontario Court (General Division) under subsection (10) and, for the purpose, the date on which the notice or decision is filed shall be deemed to be the date of the order.

Regulations

(12) The Lieutenant Governor in Council may make regulations,

(a) specifying the form and content of notices of administrative penalties;

(b) specifying the types of contraventions or failures in respect of which a notice may not be issued under this section and the circumstances when the Director shall not issue a notice under this section;

(c) governing the determination of the amounts of administrative penalties, including the criteria to be considered and including providing for different amounts depending on when an administrative penalty is paid;

(d) respecting any other matter necessary for the administration of a system of administrative penalties provided for by this section.

General or particular

(13) A regulation under subsection (12) may be general or particular in its application.

Application

(14) This section does not apply to contraventions or failures that occurred before this section came into force.

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

Penalty: individuals

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.

Penalty: 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.

97. (1) Subsections 45 (1), (2) and (3) of the Act are repealed and the following substituted:

Application of subss. (2) and (3)

(1) Subsections (2) and (3) apply to the following offences:

1. An offence under subsection 42 (1) 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).

Penalty for certain offences: corporations

(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.

Penalty for certain offences: individuals

(3) Every individual convicted of an offence described in subsection (1) is liable, in substitution for any penalty provided in section 43,

(a) for each day or part of a day on which the offence occurs or continues, to a fine of not more than $50,000 on a first conviction and not more than $100,000 on each subsequent conviction;

(b) to imprisonment for a term of not more than one year; or

(c) to both such fine and imprisonment.

Penalty for offences that cause subs. 49 (3) effect: corporations

(3.1) Every corporation convicted of an offence under this Act that causes an effect mentioned in subsection 49 (3) is liable, in substitution for any penalty elsewhere provided, for each day or part of a day on which the offence occurs or continues, to a fine of not more than $1,000,000 on a first conviction and not more than $2,000,000 on each subsequent conviction.

Penalty for offences that cause subs. 49 (3) effect: individuals

(3.2) Every individual convicted of an offence under this Act that causes an effect mentioned in subsection 49 (3) is liable, in substitution for any penalty elsewhere provided,

(a) for each day or part of a day on which the offence occurs or continues, to a fine of not more than $100,000 on a first conviction and not more than $200,000 on each subsequent conviction;

(b) to imprisonment for a term of not more than two years less one day; or

(c) to both such fine and imprisonment.

(2) Subsection 45 (4) of the Act is repealed and the following substituted:

Subsequent conviction

(4) For the purposes of determining the penalty to which a person is liable under section 43 or under this section, a conviction of the person for an offence under this Act is a subsequent conviction if the person has previously been convicted of an offence under,

(a) this Act;

(b) the Environmental Protection Act, other than for an offence related to Part IX of that Act; or

(c) the Ontario Water Resources Act.

98. (1) Subsection 46 (1) of the Act is repealed and the following substituted:

Order to prevent damage, etc.

(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.

(2) Subsection 46 (5) of the Act is repealed.

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

Restitution orders

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.

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 property to the state that it was in before the damage.

Same

(3) For greater certainty, for the purposes of clause (2) (a), expenses incurred to provide an alternate water supply may be expenses incurred to prevent, eliminate or ameliorate damage.

Amount of order

(4) The amount of the order for restitution shall not exceed the replacement value of the property as of the date the order is issued.

No restitution to person who committed offence

(5) The court shall not make an order for restitution in favour of any person on account of damage that is the result of,

(a) the commission of an offence by the person; or

(b) a contravention or failure in respect of which a notice under section 41.1 has been served on the person requiring the person to pay an administrative penalty, unless the requirement to pay the administrative penalty has been rescinded.

Notification of order

(6) Where a court makes an order for restitution, it shall cause a copy of the order or a notice of the content of the order to be given to the person to whom the restitution is ordered to be paid.

Filing of order in court

(7) An order for restitution may be filed with a local registrar of the Ontario Court (General Division) and the responsibility for filing shall be on the person to whom the restitution is ordered to be paid.

Enforcement of order

(8) An order for restitution filed under subsection (7) may be enforced as if it were an order of the court.

Same

(9) Section 129 of the Courts of Justice Act applies in respect of an order for restitution filed under subsection (7) and, for the purpose, the date of filing shall be deemed to be the date of the order.

Civil remedy

(10) A civil remedy for an act or omission is not affected by reason only that an order for restitution under this section has been made in respect of that act or omission.

Forfeiture on conviction

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.

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 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,

(iii) where the thing seized is a vehicle, to every person who has a security interest in the vehicle that is perfected by registration under the Personal Property Security Act against the vehicle identification number of the vehicle, and

(iv) where the thing seized is a vehicle and the vehicle is registered under the Highway Traffic Act, to the registered owner.

Contents of notice

(3) Notice under subsection (2) 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;

(d) the name and telephone number of the provincial officer who seized the thing or of his or her delegate;

(e) a statement of the reason for the seizure;

(f) a reference to the statutory provision authorizing the seizure;

(g) a statement that an order for forfeiture of the thing is being sought under this section; and

(h) a statement that the person to whom the notice is provided may make submissions to the court with respect to the issuance of an order under this section.

Disposition of things forfeited

(4) A thing forfeited under this section may be disposed of as the Director directs.

Relief against forfeiture

(5) A person who had an interest in a thing forfeited under this section may apply to the Ontario Court (General Division) for relief against the forfeiture and the court may make an order providing for any relief that it considers appropriate, including, but not limited to, one or more of the following orders:

1. An order directing that the thing or any part of the thing be returned to the applicant.

2. An order directing that any interest in the thing be vested in the applicant.

3. An order directing that an amount be paid by the Crown to the applicant by way of compensation for the forfeiture.

When relief not to be ordered

(6) The court shall not make an order for relief under subsection (5) in respect of a thing forfeited where the person applying for the relief,

(a) has been served with a notice under section 41.1 requiring the person to pay an administrative penalty in connection with a matter that was associated with the seizure of the thing, unless the requirement to pay the administrative penalty is rescinded under section 41.1; or

(b) has been charged with an offence that was associated with the seizure of the thing, unless the charge has been withdrawn or dismissed.

Where fine not paid

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).

Costs of seizure, etc.

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.

100. (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, or

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

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

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

Service on municipal corporations

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 personally to the sole proprietor or to a person apparently in charge of an office of the sole proprietorship.

Substituted service

(5) On application without notice, a justice, on being satisfied that service cannot be made effectively in accordance with subsections (1) to (4), may by order authorize another method of service that has a reasonable likelihood of coming to the attention of the municipal corporation, other corporation, partnership or sole proprietorship.

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

Electronic signature

51.1 (1) Despite any requirement under this Act, for the purposes of anything done under this Act, a document may be prepared and signed by electronic means in an electronic format and may be filed by direct electronic transmission, if the preparation, signature and filing are in accordance with the regulations.

Deemed filing

(2) A printed copy of a document filed under subsection (1) shall be deemed to have been filed as the original document if it is printed in accordance with the regulations.

PART IV

HIGHWAY TRAFFIC ACT

103. Subsection 62 (15) of the Highway Traffic Act is repealed and the following substituted:

Red light in front

(15) In addition to the lighting requirements in this Part, a vehicle described in subsection (15.1) may carry lamps that cast a red light only or such other colour of light that may, with the approval of the ministry, be designated by a by-law of the municipality in which the vehicle is operated, but no other motor vehicle shall carry any lamp that casts a red light to the front.

Same

(15.1) The following are vehicles to which subsection (15) applies:

1. An ambulance, fire department vehicle, police department vehicle, public utility emergency vehicle or school bus.

2. A ministry vehicle operated by an officer appointed to carry out this Act, the Public Vehicles Act or the Truck Transportation Act, while the officer is in the course of his or her employment.

3. A vehicle while operated by a conservation officer, fishery officer, provincial park officer or mine rescue training officer, while the officer is in the course of his or her employment.

4. A vehicle while operated by a provincial officer designated under the Environmental Protection Act, the Ontario Water Resources Act, or the Pesticides Act, while the officer is in the course of his or her employment.

PART V

COMMENCEMENT AND SHORT TITLE

Commencement

104. (1) Subject to subsection (2), this Act comes into force on February 1, 1999.

Same

(2) Sections 29, 34, 69, 76, 95 and 102 come into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

105. The short title of this Act is the Environmental Statute Law Amendment Act, 1998.

EXPLANATORY NOTE

The Bill amends the Environmental Protection Act, the Ontario Water Resources Act and the Pesticides Act. The amendments generally increase enforcement powers and penalties.

PART I - The Environmental Protection Act

1. The definition of "justice", added to section 1 of the Act by section 1 of the Bill, is consequential to provisions being amended in the Act by the Bill to simplify references to the judiciary having jurisdiction under the Act.

2. Section 2 of the Bill, providing that certain provincial officers have peace officer status and may investigate and prosecute offences under the Act, is related to other provisions of the Act being amended by the Bill related to enforcement.

3. Section 3 of the Bill amends section 22 of the Act to require that the removal or repair of certain systems and devices that lessen the discharge of contaminants from motors or motor vehicles must be done in accordance with the regulations.

4. Sections 4 and 5 of the Bill broaden the scope of prohibitions involving the deposit of waste and the use of waste management systems.

5. Section 6 of the Bill broadens the class of persons to whom an order for the removal of waste can be issued.

6. Sections 7 to 11 of the Bill enhance enforcement powers and penalties related to the seizure, suspension and detention of vehicle permits and plates.

7. Section 12 of the Bill is consequential to the definition of "justice" being added by section 1 of the Bill.

8. Section 13 of the Bill makes consequential amendments to section 149 of the Act, respecting entry on or into land or a place for the purpose of doing things required under the Act.

9. Section 14 of the Bill revises section 156 of the Act and section 15 of the Bill adds section 156.1 to the Act, both clarifying and enhancing provincial officers' inspection powers. Section 15 of the Bill also revises provisions of the Act dealing with the power to administer other statutes and the obligation of a provincial officer to identify himself or herself. As well, this section of the Bill adds new provisions dealing with provincial officers' power to prohibit entry on land or interference with things in certain circumstances and provincial officers' power to secure a place or thing in certain circumstances.

10. Section 16 of the Bill revises section 157 of the Act and adds new provisions to the Act. The effect of this section of the Bill is to permit provincial officers to issue certain orders.

11. Section 17 of the Bill revises section 158 of the Act and section 18 of the Bill amends section 159 of the Act, to reflect other changes being made to the Act by the Bill.

12. Sections 19 to 23 of the Bill amend provisions of the Act relating to the seizure and detention of things and add provisions relating to the disposition and forfeiture of seized things.

13. Section 24 of the Bill amends section 163 of the Act to ensure that the use of force powers set out in the section do not apply to orders of provincial officers. Section 24 of the Bill also adds section 163.1 to the Act, to provide for tracking devices to be used for enforcement purposes.

14. Section 25 of the Bill amends cross-references in section 165 of the Act, to reflect other amendments made by the Bill to the Act as well as amendments made by the Bill to the Ontario Water Resources Act and the Pesticides Act.

15. Section 26 of the Bill amends section 166 of the Act, to clarify provincial officers' powers to stop and inspect motor vehicles to ascertain compliance with requirements related to motor vehicle emissions.

16. Section 27 of the Bill is consequential to the amendments being made to section 184 of the Act by section 35 of the Bill.

17. Section 28 of the Bill corrects a cross-reference in section 173 of the Act.

18. Section 29 of the Bill provides for the electronic signature of documents.

19. Section 30 of the Bill is consequential to other changes made to the Act by the Bill in relation to documents.

20. Subsections 31 (1) and (3) of the Bill expand the regulation-making authority respecting emissions. Subsection 31 (2) of the Bill is consequential to amendments to section 22 of the Act, made by section 3 of the Bill.

21. Subsection 32 (1) of the Bill expands the definition of "offence notice or summons" in subsection 181 (1) of the Act.

The repeal of subsection 181 (4) of the Act by subsection 32 (2) of the Bill is consequential to section 33 of the Bill.

22. Section 33 of the Bill provides for service of an offence notice or summons on municipal corporations, other corporations, partnerships and sole proprietorships.

23. Section 34 of the Bill provides for administrative monetary penalties in lieu of prosecutions for contraventions.

24. Section 35 of the Bill replaces the existing subsection 158 (7) and sections 167 and 184 of the Act with a new section 184. The new section prohibits obstructing officials, giving false information and refusing to furnish information to officials.

25. Section 36 of the Bill makes consequential amendments to section 186 of the Act and adds a subsection 186 (5) to clarify that the protection from prosecution provided by subsection 186 (4) does not extend to protection from administrative penalties.

26. Sections 37 and 38 of the Bill revise the provisions of the Act respecting penalties and provide for increased penalties.

27. Section 39 of the Bill amends subsection 190 (1) of the Act to enhance the court's power on conviction to order restoration and preventive measures.

28. Section 40 of the Bill adds sections 190.1 to 190.4 to the Act. Section 190.1 permits the court, on conviction, to order restitution. Sections 190.2 and 190.3 provide for enforcement through forfeiture of seized things on conviction and the non-return or forfeiture of seized things where fines are not paid. Section 190.4 deals with costs of seizure.

29. Section 41 of the Bill expands the definition of "licence" in section 191 of the Act.

30. Section 42 of the Bill is consequential to the increased penalty provisions being enacted in the Act by other provisions of the Bill.

31. Section 43 of the Bill is consequential to other amendments to the Act made by the Bill relating to provincial officers' powers.

PART II - The Ontario Water Resources Act

1. The definition of "justice", added to section 1 of the Act by section 44 of the Bill, is consequential to provisions being amended in the Act by the Bill to simplify references to the judiciary having jurisdiction under the Act. The definition of "natural environment" is moved to section 1 of the Act. This definition is currently set out in section 14 of the Act.

2. Section 45 of the Bill, providing that certain provincial officers have peace officer status and may investigate and prosecute offences under the Act, is related to other provisions of the Act being amended by the Bill related to enforcement.

3. Section 46 of the Bill moves provisions relating to the Ontario Clean Water Agency from section 15 of the Act to section 14 of the Act. Sections 47 and 48 of the Bill revise section 15 of the Act, to clarify and enhance provincial officers' inspection powers. Sections 47 and 48 of the Bill also revise provisions of the Act dealing with the power to administer other statutes and the obligation of a provincial officer to identify himself or herself. As well, section 48 of the Bill adds provisions permitting provincial officers to prohibit entry on land or interference with things in certain circumstances and to secure a place or thing in certain circumstances.

4. Section 49 of the Bill adds new sections to the Act to empower provincial officers to issue orders in connection with contraventions, preventative measures, sewage works and water works.

5. Section 50 of the Bill revises section 17 of the Act to accord with other amendments to the Act being made by the Bill.

6. Section 51 of the Bill makes a consequential amendment to section 18 of the Act.

7. Sections 52 to 56 of the Bill amend provisions of the Act relating to the seizure and detention of things and add provisions relating to the disposition and forfeiture of seized things.

8. Section 57 of the Bill amends section 22 of the Act to make consequential changes and to ensure that the use of force powers set out in the section do not apply to orders of provincial officers.

9. The new section 22.1 of the Act, added by section 58 of the Bill, provides for tracking devices to be used for enforcement purposes.

10. Section 59 of the Bill amends cross-references in section 24 of the Act in consequence of other amendments made by the Bill to the Act and to the Environmental Protection Act and the Pesticides Act.

11. Section 60 of the Bill amends the Act by adding a section that parallels subsection 166 (1) of the Environmental Protection Act, which allows provincial officers to call for assistance.

12. Section 61 of the Bill makes consequential amendments to section 28 of the Act.

13. Section 62 of the Bill is consequential to other changes made to the Act by the Bill in relation to documents.

14. Section 63 of the Bill makes consequential amendments to section 83 of the Act, respecting entry on or into land or a place for the purpose of doing things required under the Act.

15. Section 64 of the Bill expands the definition of "offence notice or summons" in subsection 90 (1) of the Act.

16. Section 65 of the Bill provides for service of an offence notice or summons on municipal corporations, other corporations, partnerships and sole proprietorships.

17. Section 66 of the Bill replaces the existing section 98 of the Act with a new section 98. The new section prohibits obstructing officials, giving false information and refusing to furnish information to officials.

18. Sections 67 and 68 of the Bill make consequential amendments to sections 100 and 103 of the Act.

19. Section 69 of the Bill provides for administrative monetary penalties in lieu of prosecutions for contraventions.

20. Section 70 of the Bill is a housekeeping amendment.

21. Sections 71 and 72 of the Bill revise the provisions of the Act respecting penalties and provide for increased penalties.

22. Section 73 of the Bill is a housekeeping amendment.

23. Section 74 of the Bill amends subsection 112 (1) of the Act to enhance the court's power on conviction to order restoration and preventive measures.

24. Section 75 of the Bill adds sections 112.1 to 112.4 to the Act. Section 112.1 permits the court, on conviction, to order restitution. Sections 112.2 and 112.3 provide for enforcement through forfeiture of seized things on conviction and the non-return or forfeiture of seized things where fines are not paid. Section 112.4 deals with costs of seizure.

25. Section 76 of the Bill provides for the electronic signature of documents.

PART III - The Pesticides Act

1. The definition of "justice", added to section 1 of the Act by section 77 of the Bill, is consequential to provisions being amended in the Act by the Bill to simplify references to the judiciary having jurisdiction under the Act.

2. Section 78 of the Bill is consequential to amendments that have been made to the Statutory Powers Procedure Act by previous legislation.

3. Section 79 of the Bill, providing that certain provincial officers have peace officer status and may investigate and prosecute offences under the Act, is related to other provisions of the Act being amended by the Bill related to enforcement.

The new subsections 17 (4) to (7) of the Act, also set out in section 79 of the Bill, prohibit obstructing officials, giving false information to officials and refusing to furnish information to officials.

4. Section 80 of the Bill revises section 19 of the Act and adds section 19.1 to the Act, both respecting inspections of places, vehicles and vessels by provincial officers. Section 80 of the Bill also revises provisions of the Act dealing with the power to administer other statutes.

5. Section 81 of the Bill adds provisions to the Act dealing with the provincial officer's power to prohibit entry on land or interference with things in certain circumstances and the provincial officer's power to secure a place or thing in certain circumstances.

6. Section 82 of the Bill revises section 20 of the Act to reflect other changes made to the Act by the Bill.

7. Sections 83 to 87 of the Bill amend section 21 of the Act to reflect other changes made to the Act by the Bill, amend sections 22, 23 and 24 of the Act in relation to the seizure and detention of things and add provisions relating to the disposition and forfeiture of seized things.

8. Section 88 of the Bill makes consequential changes to section 25 of the Act and amends section 25 to ensure that the use of force powers do not apply to orders of provincial officers.

9. Section 89 of the Bill adds section 25.1 to the Act to provide for tracking devices to be used for enforcement purposes.

10. Section 90 of the Bill amends cross-references in section 26 of the Act to reflect other amendments made by the Bill to the Act as well as amendments made to the Environmental Protection Act and the Ontario Water Resources Act.

11. Section 91 of the Bill adds new provisions to the Act to empower provincial officers to issue certain orders.

12. Section 92 of the Bill is consequential to other changes made to the Act by the Bill in relation to documents.

13. Section 93 of the Bill amends section 38 of the Act in order to standardize the service of documents provisions of the Act with the Ontario Water Resources Act and the Environmental Protection Act.

14. Section 94 of the Bill is consequential to other changes made to the Act by the Bill.

15. Section 95 of the Bill adds section 41.1 to the Act and provides for administrative monetary penalties in lieu of prosecutions for contraventions.

16. Sections 96 and 97 of the Bill revise the provisions of the Act respecting penalties and provide for increased penalties.

17. Section 98 of the Bill amends section 46 of the Act to enhance the court's power on conviction to order restoration and preventive measures.

18. Section 99 of the Bill adds sections 46.1 to 46.4 to the Act. Section 46.1 permits the court on conviction to order restitution. Sections 46.2 and 46.3 provide for enforcement through forfeiture of seized things on conviction and the non-return or forfeiture of seized things where fines are not paid. Section 46.4 deals with costs of seizure.

19. Section 100 of the Bill expands the definition of "offence notice or summons" in subsection 50 (1) of the Act.

20. Section 101 of the Bill provides for service of an offence notice or summons on municipal corporations, other corporations, partnerships, and sole proprietorships.

21. Section 102 of the Bill provides for the electronic signature of documents.

PART IV - The Highway Traffic Act

1. Section 103 of the Bill amends subsection 62 (15) of the Highway Traffic Act to add provincial officers under the Environmental Protection Act, Ontario Water Resources Act, or the Pesticides Act to the list of persons who may use red lights on the front of motor vehicles.

Copyright © 1998

Office of the Legislative Assembly of Ontario

Toronto, Ontario, Canada.